Regulation of the Minister of Marine and Fishery No. PER.06/MEN/2008 concerning the use of trawlers in the seas of the northern part of East Kalimantan

2A USE OF TRAWLERS IN THE SEAS OF THE NORTHERN PART OF EAST KALIMANTAN (Regulation of the Minister of Marine and Fishery No. PER.06/MEN/2008 dated February 26, 2008) THE MINISTER OFMARINE AND FISHERY OFTHE REPUBUC OFINDONESIA Considering: a. That in the framework of optimizing the utilization of fishresources byconservation methods, to improve the prosperity of fisherman, andto augmentthe existence of fisherman community inthe water regions of the northern part of EastKalimantan, it is required to uti lize fish catching means suitable to the geographical characteristics and/or condition of the water regions of the northernpart of EastKalimantan; b. That trawl fish catching means is a means of catching fishsuitable to the geographical characteristics and/or conditionof the water regions of the northern part of East Kalimantan; c. That based on the considerations referredto in letters a and b, it isdeemed necessary to regulatethe useof trawl fishcatching means in the watersof the northern partof East Kalimantan, with a RegUlation of the Minis ter; In viewof: 1. law No.5 Year1983 concerning Indonesian Exclusive Economic Zone(StatuteBookof the Republic of Indo nesia Year19B3 No.44; Supplement to Statute Book of the Republic.oflndonesia No.3260); 2. law No.6Year 1996concerning the Indonesian Seas (StatuteBookofthe Republic ofIndonesia Year1996 No.73,Supplement to StatuteBookof the Republic of Indonesia No. 3647); Business Ne~s 7688-7689/7-16-2008 3. law No.31 Year2004 (BNNo. 7158pages 6A-17A andso on) concerning Fisher;{Statute-Bookof the Republic of Indonesia Year2004No.118,Supplement to StatuteBook of the Republic of Indonesia No.4433); 4. LawNo.32 Year2004(BNNo. 7183pageslA~11A abdsoon)concerning the Regional Government (Stat· ute Bookof the Republic of IndonesiaYear2004No. 125, Supplement to Statute Book of the Republic of Indonesia No.4437); 5. Government Regulation No.38Year2007concerning the Division of GovernmentAffairsbetweenthe Gov ernment, PrOVincial Regional Governments,.and Re gency/City Area Governments (Statute Book of the Republic of IndonesiaYear2007 No. 82, Supplement to Statute Book ofthe RepUblic of Indonesia No. 4737); 6. Presidential Decree No. 187/M year2004 (BNNo. 71.82 pages3DA-3.L4)which had beenamended several times, lastly with Presidential Decree No. nIP Year 2007; 7. Presidential Regulation NO.9 Year2005 (BN 71.82 pages2A-23A)concerning Positions, Duties, Func tions, Organizational Structureand WorkMechanism of R.I. StateMinistries whichhadbeenamended sev eral times, lastly with Presidential Regulation No. 94 Year2006; 8. Presidential Regulation No. 10 Year2005concerning Organizational Unitsand Dutiesof Echelon-I of State Ministries of the Republic of lndonesia whichhadbeen amended several times, lastlywith Presidential Regu lationNo. 17Year2007; 9. Decision ortne Ministerof seas andFishery No. KEP.24/ AMEN/2002 concerning Procedure andTechnique of Compiling Statutory Regulations within the seasand Fishery Department; 10. Regulation .•.•. 10. Regulation of the Ministerof Marine and Fishery No. PER.07/MEN/200S concerning Organization andWork Mechanism of seas andFishery Departmentwhlch had been amended several times,lastlywith Regulation of the Ministerof 5eas andFishery No. PER.08/MEN/2007; 11. Regulation of the Ministerof Marine and Fishery No. PER.16/MEN/2006 concerning Fish Ports; 12, Regulation of the Ministerof Marine and Fishery No. PER.OS/MEN/2008 concerning Fish catching Business; DECIDES: To stipulate: THE REGUlATION OFTHE MINISTEROFMARINE AND FISH ERY OFTHE REPUBUC OF INDONESIACONCERNING THE USE OFTRAWLERS INTHE SEAS OFTHE NORTHERN PART OFEAST KAliMANTAN. Article1 In this MinisterRegulation, what ismeantby: 1. Fish catching isanactivityto catchuncultivated fish in waters byanymeans or methodwhatsoever, including activities using ships for loading, transporting, storage, cooling, handling, processing and/or preserving. 2. Trawlerareall types of fishcatching means in the form of netwith pockets, having a bodyandwings equipped with net opener, operated by towing using a moving ship. 3. Trawlerisa fishcatching shipusingtrawler fishcatch ingmeans. 4. Thewatersof the northernpartof EastKalimantan are watersextending from the watersofTarakanRegency at coordinate 30 la' NorthLatitude upto the outermost watersof 5ebatikIsland. 5. Minister isthe Ministerhavingthe responsibility in the field of seas andfishery. Business News 7688-7 /7-16-2008 3A 6. Director General isthe Director General of catch Fish eries. 7. Governor isthe Governor of East Kalimantan. 8. Regent isthe Regent of Nunukan or Bulungan or Tana TIdung. 9. Mayor is the Mayor of Tarakan. Article2 (1) Fish catching activities in the watersof the northern part of EastKalimantan may be performed by using trawlers. (2) Areaof operations of trawlers referred to in sub-ar ticle (1) consists of: a. Lane I, covering watersmorethanone(1) mileup to four (4) miles measured at watersurface at the lowesttide; b. Lane II, covering watersmorethanfour (4) miles up to 12 (twelve)milesmeasured at watersurface at the lowesttide; (3) Lane I isauthorized onlyfor the operations of trawlers having weight upto five (5) gross tonnage (GT). (4) Lane II isauthorized only for the operations of trawl ershavlnq weight upto 30(thirty) (GT). (5) Every trawler whereitsareaof operations isin Lane I mayoperatein Lane II and/or morethan 12 (twelve) miles, and trawlers where its areaof operations is in Lane II mayoperatemorethan 12(twelve) miles, (6) Every trawier whereits.areaof operations is in Lane II isprohibited to operatewithin Lane 1. Article3 (1) Every trawlermustland thefishbeing result of itscatch in base ports. (2) The base ports referred to in sub-artidett) are: a. Sebatik Fish Landing Port; b.Pulau . b. Pulau Bunyu Fish Landing Port; c. Tarakan Coast Fish landing Port;or d. Mansapa-Nunukan Fish landing Port; Artide 4 (1) Thefishcatching activities referred to inarticle25Ub article(1) maybe performed by Indonesian people or legalentitiesdomiciled in the Province of Kaltim, the Regencies of Nunukan, Bulungan, Tana Tidung or Tarakan aty. (2) AnyIndonesian people or legalentitiescarrying out fishcatching referred to in sub-article (1) areobliged to possess a written permitfrom the: a. Governor, for trawlersweighing of 10 (ten) GTup to 30 (thirty)GT; b. Regent I')r Mayor, fortrawlersweighing five(5) GT upto 10 (ten) GT; (3) Theobligation to possess the permitreferred to insub article(2) isexempted for fishcatching activities car riedout bysmallfisherman and/orfisherman haVing a trawler less than five (5) GT. Article 5 Trawlertechnical specification is setforth inAt tachmentIAandAttachment IBof this Minister Regulation. Article6 (1) The Governor and Regent/Mayor exercise the regis trationof trawlers owned byIndonesian people or le galentitiesdomiciled4n hisarearespectively, andshall report its results to the Minister three (3) months at the latestfromthe stipulation of this Minister Regula tion. 4A (2) Based on the report referred to in sub-article (1), the Minister shall stipulate the allocation of permissible number of trawlers, by taking into consideration the availability offish resources supportpower, SOCio-eco nomic condition of the local community, ann paying due observance on the environmental geographical condition of the borderarea. (3) Based onthe allocation of the permissible number of trawlers referred to in sub-article (2), the Governor andRegent/Mayor will issue trawlerpermits. Article 7 (1) Theavailability of fishresources support power, socio economic condition of the local community referred to in article6 sub-article (2) shall be evaluated once a yearby the Director General. (2) Theresultof the evaluation referredto in sub-article (1) constitute basis of consideration for policystipula tionby the Minister to granttheallocation of the num berof permissible trawlers. ArticleS Every trawlercaptainmustsubmitreportonfish catching activities by using fIShery logbook inaccordance withstatutoryregulation. Article 9 (1) Every trawler operating in the waters of thenorthern part of East Kalimantan mustbe provided with signs byships' owners. (2) Thesigning of thetrawlerreferred to insub-article (1) shall be carried out with the following provisions: a. Material .•.. ! • 8. MMerialshall be of iron or steel plate of 50 (fifty) em long,10 (ten) cmwide and0.1 (zeropointone) GfT1 thICk; b. Measurementofletters andnumbers shallbeeight (8) em tllI.nd tour (4' em wide. c. Must be Writt~n With emerging letters and num bers; d. Painted with white baseand blackletters; and e. Placed on the hull or top constructionor on deck perpenolcular to ship. (3) The format of the sign of the trawler referred to in sub-artlde (1) and sub-artlde (2) is set forth in At tathment tI Ofthis MinisterRegulation. Article10 Everv travMr operatingin thewatersof the north ern partofEastKalimantah are prohibitedto catch turtles. Article 11 Procedure on the issuanee of trawler permits by the Governor and Regent! Mayor referred to in article 6 sub-article (3) shallrefer to the procedure on the issuance of trawler permit by the Minister. Article 12 (1) AnyIndonesian peopleor legalentity committingvio lationson provisions of thisMinister Requlatlon shall be imposed of administrative and/orcriminal sanctions. (2) The administrativesanctlonreferred to in sub-article (1) maybe in the form Ofwritten warning, freezing or revocation of the permit by the permit granter. (3) The Imposing ofthe administrativesanction referred to in sub-article(2) shall beperformed in phases: a. written·warningshallbe imposed of three(3) times consecutively, withina periodof one(1) month re spectively to anyIndonesianpeopleor legalentity committingviolations; Business News 7688-7689/7·16-2008 SA b. In the event the written warning referredto in let ter a is not obeyed, then permit freezingshall. be imposed of for one (1) month; c. If the freezing referred to in sub-article (2) is not obeyed, thentne permit shallbe revoked. (4) The criminal sanctions referred to in sub-article (1) shallbe exercised in accordance with statutory regu lation. Article 13 The Minister, Governor, and/orRegent/Mayor per form controlon the operations of trawlers in the waters-of the northern part of East Kalimantan in accordance with hisauthorityre$pectively. Article 14 The useof trawler in the waters of the northern part of EastKalimantan regulated in this MinisterRegula tion shallbe evaluated eachyear by the DirectorGeneral, and its result shall bereported in writing to the Minister. Article 15 This Finance MinisterRegulation comes to effect from the dateofstipulation. Forpubliccoqntzance, this Finance MinisterRegu lation shall be announced in the StateGazette of the Re publicof Indonesia. Stipulated in Jakarta On February26, 2008 THE MINISTER OFMARINE AND ASHERV Sgd FREDDY NUMBERI AttachmentI ..... Example: TR-PH-II-OOl 6A AttachmentI Signs onTrawlers Note: TR/NN/BL/TT : Code of Tarakan/Nunukan/Bulungan/ TanaTidung regencies /NN-OH-n-OOll BL-OH-II-OOl PH 1/ II DOl,002, etc : Code of Trawler : Code of catching Lane : Registration Number fromRegency / City In-OH-n-001! Business News 7688-7689/7-16-2008 Provisions on Trawler Signs: a. Material made of iron or steel plate of 50 (fifty) em long, 10 (ten) em wide and 0.1 (zero point one) em thick; b. Measurement of letters and numbers shall be eight (8)cm tall and four (4) cm wide. e. Writtenwith emerging lettersand numbers; d. Painted with white base and blackletters; and e. Placed on the hull or top construction or ondeckper pendicular to ship. ===(0)===