Regulation Of The Minister Of Marine And Fisheries The Number 1/candy-Kp/2013 2013

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor 1/PERMEN-KP/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fa74e54088a4313233323231.html

BN 310-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 307, 2013 the MINISTRY of MARINE and fisheries. Catcher Ship. Carrier. The fish. The initiators.

REGULATION of the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA No. 1/candy-KP/2013 ABOUT FISHING VESSEL MONITORING and FISH TRANSPORT SHIP with the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: a. that in order the assignment policy management of sustainable fish resources and sustainable, it needs to be backed up data is objective and accurate against the arrest and transfer of the fish are retrieved directly on top of the fishing vessel and fish transport ship;
b. that to it, the need to set up monitoring of ships fishing and boat transport fish by ministerial regulation;
Remember: 1. Act No. 5 in 1983 about the exclusive economic zone of Indonesia (the State Gazette of the Republic of Indonesia Number 44 in 1983, an additional Sheet of the Republic of Indonesia Number 3302);
2. Act No. 17 of 1985 about the Endorsement of the United Nations Convention on The Law of The Sea (United Nations Convention on the law of the sea) (State Gazette of the Republic of Indonesia Number 76 of 1985, additional sheets of the Republic of Indonesia Number 3319);
3. Act No. 21 of 2009 about the endorsement of the Agreement For The Implementation of The Provisions of The United Nations Convention on The Law of The Sea of 10 December 1982 Relating To The Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stocks (the approval of the implementation of the provisions of the United Nations Convention on the law of the sea of 10 December 1982 relating to the Conservation and management of Fish Stocks are Limited and Preparations Beruaya fish Beruaya distance) (Gazette of the Republic of Indonesia Year 2009 Number 95, additional sheets of the Republic of Indonesia Number he received 5024);
4. Act No. 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia in 2004, the number of additional sheets of 118 Countries of the Republic of Indonesia Number 4433), as amended by Act No. 45 of 2009 (State Gazette of the Republic of Indonesia year 2009 Number 154, additional sheets of the Republic of Indonesia Number 5073);
5. the presidential Regulation No. 9 of 2007 about the endorsement of the Agreement for The Establishment of The Indian Ocean Tuna Commission (approval of the establishment of the Indian Ocean Tuna Commission);
6. Presidential regulation Number 109 in 2007 about the endorsement of the Convention for the Conservation of Southern Bluefin Tuna (Convention on the conservation of Southern Bluefin Tuna);
7. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as amended by regulation of the President Number 91 in 2011 (State Gazette of the Republic of Indonesia Number 141 in 2011);
8. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries, as amended by regulation of the President Number 92 in 2011 (State Gazette of the Republic of Indonesia in 2011 Number 142);
9. Regulation of the Minister of marine and fisheries the number PER 12/DOWNLOAD/Capture Fisheries Effort about 2012 on the high seas (Republic Indonesia in 2012 Number 668);
10. Regulation of the Minister of marine and fisheries the number PER 30/DOWNLOAD/Capture Fisheries Effort about 2012 in the area of management of Fisheries of the Republic of Indonesia (Indonesia Republic by 2013 the number 81);
11. the decision of the Minister of marine and Fisheries the number KEP. 06/DOWNLOAD/2010 about Catching Fish in the area of management of Fisheries of the Republic of Indonesia;
Notice: 1. the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessel on the High Seas, 1993;    2. the Agreement for the Establishment of the Indian Ocean Commission;     3. the Convention for the Conservation of Southern Bluefin Tuna, 1994;   

4. the IOTC Recommendation 01/01 Concerning the National Observer Programmes for Tuna Fishing in the Indian Ocean;   

5. the Convention for the Conservation and Management of Highly Migratory Fish Stock for Western and Central Pacific Fisheries Commission, 2000;    

6. Code of conduct for Responsible Fisheries, the Food and Agriculture Organization of the United Nations in 1995;
Decide: define: REGULATION of the MINISTER of MARINE and FISHERIES MONITORING of FISHING VESSEL and FISH TRANSPORT SHIP.
CHAPTER I GENERAL PROVISIONS Section I of article 1 In the sense of the regulation of the Minister, which is: 1. Monitoring of fishing and transport of Fish on board fishing Vessels and Fish Transport, hereinafter called the Monitoring, the monitoring activities is directly above the fishing vessel and transport fish by doing a recording against the fish, region capture, time catching fish , of the type of fishing and fishing tools, including the transfer of the activities of the fish catches from fishing vessel into the fishing vessel and/or transports fish is allowed.
2. Monitor fishing and Transporting the fish is any person of citizens of the Republic of Indonesia who have knowledge and expertise as a fishing vessel and monitor transports fish.
3. Form is paper work Monitoring fishing and transport of fish that contain aspects of the information that should be collected Monitoring fishing and Transporting fish in monitoring activities at the top of the fishing vessel and fish transport ship.
4. The area of the management of fisheries of the Republic of Indonesia, hereinafter abbreviated WPP-NRI, is the area of the management of the fishery to fishing covering the waters of Indonesia, Indonesia exclusive economic zones, rivers, lakes, reservoirs, marshes, and other potential puddles to be organised in the territory of the Republic of Indonesia.
5. The sea is part of the sea that are not included in the territorial sea ZEEI, Indonesia, Indonesia, Islands, waterways and inland waters of Indonesia. 6. the Minister is the Minister of marine and fisheries.

7. The Director General is the Director General of Capture Fisheries.

The second part of the scope and purpose of article 2 scope this Regulation applies to the Minister: a. fishing vessel with a gross tonnage of 30 above size (GT) which operate in the WPP-NRI and the sea; and b. the fish transport ship operating in the WPP-NRI and the sea.

Article 3 the purpose of monitoring is to obtain data objectively and accurately against the activities of fishing and fish obtained removal directly on top of the fishing vessel and fish transport ship.

CHAPTER II REQUIREMENTS FOR MONITORING FISHING and TRANSPORTING the FISH article 4 (1) the requirements of Monitoring fishing and transport of Fish consists of: a. the civil servants and Non-civil servants.

b. Indonesia citizen (WNI);
c. Education: 1) undergraduate or Diploma IV Department of fisheries, marine, or biology;
2) Diploma III Department of fisheries, marine biology, or with work experience at sea for a minimum of one (1) year; or 3) public school of fisheries (SUPM) Vocational/Sekolah (SMK) Fisheries with work experience at sea for a minimum of three (3) years. d. healthy physical and spiritual based on affidavits from government hospitals;

e. have the book sailors (seamen book);

f. have a passport for Monitoring fishing and Transporting the fish that operate on the high seas; and g. have a Sign Over the training Monitor fishing and Transporting Fish, published by the work unit responsible in the field of capacity building of human resources of marine and fisheries.
(2) Monitoring fishing and transporting the fish meets the requirements referred to in subsection (1) is designated by a decision of the Director General.
Article 5 (1) to have a Sign Over the training Monitor fishing and transport of Fish referred to in article 4 paragraph (1) the letter g, must attend training.
(2) the training referred to in subsection (1) at least covering material: a. Basic fisheries management;

b. identification of the type of fish (including a protected species of fish);

c. data collection methodology;

d. the technique of catching fish;

e. handling of protected fish species;

f. data entry and collection techniques;

g. legislation in the field of fisheries; and h. the understanding of form filling.
(3) further Provisions regarding technical training and training requirements as referred to in paragraph (2) was set by decision of the head of the Agency's human resource development and Maritime Fisheries.
CHAPTER III DUTIES and FUNCTION of MONITORING FISHING and TRANSPORTING the FISH article 6 (1) Monitor fishing and Transporting Fish on duty: a. carry out observation, measurement, recording, and reporting the activity of catching fish; and b. carry out observation, recording, and reporting activities of the transfer of the fish in the sea from the fishing vessel to the fishing vessel or fishing vessel to fish transport ship.
(2) in carrying out its tasks as referred to in paragraph (1), fishing and Transporting Fish function: a. record and collect data that includes data on fishing boats, fishing tools and/or catching fish, the catch data, the location of the arrest, the amount and the time promised and the withdrawal of the fishing tool (settings-hauling);
b. do the observation and recording of sideline catches (bycatch) are ecologically linked to (ecologically related species) tuna fisheries, fisheries trawl shrimp trawl fisheries, and fish; and

c. record and collect the data transfer of the fish in the sea that includes the type, number and size of catches transferred, as well as data transfer activity that performs ship fish in the sea.
(3) the results of the monitoring referred to in paragraph (2) is poured in the form with the form and format as listed in the annex which is an integral part of part of the regulation of the Minister.
(4) the provision of more information about the procedures for filling the form referred to in subsection (3) are defined by the decision of the Director General.
CHAPTER IV ASSIGNMENT of MONITORING FISHING and TRANSPORTING the FISH article 7 (1) observers to the fishing and Fish Transport commissioned by the Director General on: a. the fishing vessel the use of purse seine fishing and long line for ships operating on the high seas; and b.  fishing vessel operating in the WPP-NRI by using groups: 1 fishing rod);

2) ring nets, nets and gill nets, lifting; and 3) and pull the trawl trawl hela. c. fish carrier operating in the WPP-NRI and the sea.
(2) the operational procedures of the supervisory assignment of Standard fishing and transport of Fish specified by the decision of the Director General.
Chapter V RIGHTS and OBLIGATIONS of OBSERVERS to the FISHING and TRANSPORT of FISH article 8 (1) Monitor fishing and transport of Fish at the time of sailing are entitled to: a. obtain the protection of safety, health, and life insurance;

b. acquiring money screen time assignment;

c. communicating with the head of the port base-related duties and functions;

d. obtaining accommodation and catering; and e. obtain completeness of work tools in accordance with standard equipment monitoring fishing and transporting fish.
(2) in addition to the rights referred to in subsection (1), fishing and transport of Fish reserves the right to obtain: a. the cost of transportation from the place of origin to port of the vessel or when returned to the place of origin after carrying out tasks; and b. obtain the cost of lodging and money daily for (one) day before sailing and 1 (one) days thereafter in accordance with the legislation.
(3) Monitor fishing and Fish Transport obligated to: a. maintain the confidentiality of the data of monitoring results; and b. reporting the results of observation and record keeping in accordance with the form to the Director General.
CHAPTER VI RIGHTS and OBLIGATIONS of the OWNER of the SHIP or COMPANY FISHING article 9 (1) the owner of the ship or a fishing company was set to receive Monitoring fishing and Transporting the fish reserves the right to obtain the guarantee of the confidentiality of data on fishing and transporting fish.
(2) the owner of the ship or a fishing company was set to receive Monitoring fishing and Fish Transport obligated to: a. receive Monitoring fishing and transportation of fish;

b. ensure the safety of observers to the fishing and transport of fish;
c. ensure communication Monitoring fishing and Transporting the fish with the head of the port base-related duties and functions; and d. provide accommodation and catering for Monitoring fishing and Transporting Fish during sailing. (3) the obligation referred to in subsection (2) at the time of sailing ships carried out by the skipper.

CHAPTER VII FINANCING article 10 Financing in the implementation of Monitoring is derived from: a. the ship owner or the person in charge of monitoring the activities of the company for the transfer of fish (transhipment) on the high seas.
b. income and Expenditure Budget of the State for: 1) monitoring activities at WPP-NRI; and 2) monitoring activities of the fishing vessel on the high seas.
CHAPTER VIII REPORTING of article 11 (1) Monitor fishing and Transporting Fish in carrying out its functions, duties and reporting the results of observation and record keeping in accordance with the form to the Director General not more than 5 (five) working days calculated from the time the assignment is complete.
(2) the Director-General on the basis of the report referred to in subsection (1) do the verification: a. examination of the truth of the recording and reporting forms with data log book catching fish;

b. Validation i.e. testing truth form data with data log book catching fish;

c. analysis of the examination, the recapitulation, processing, and analysis of the reported form data;

d. decision making towards the final result of the activity analysis form data being reported.
(3) based on the results of the verification, validation, analysis, and decision-making as referred to in paragraph (2), the Director General delivered a report to the Minister as a material consideration towards fisheries management policies.
CHAPTER IX SANCTIONS of article 12 (1) Monitor fishing and Transporting the fish do not carry out obligations as referred to in article 8 paragraph (3) subject to administrative sanctions. (2) administrative Sanctions referred to in paragraph (1) is given by the Director General.

Article 13 (1) of the administrative Sanctions referred to in article 12 paragraph (1) in the form of: a. a written warning/reprimand;

b. temporary duty exemption;

c. dismissal.
(2) administrative Sanction in the form of a written reprimand/warning as referred to in paragraph (1) letter a subject to Monitoring Fisheries and transport Fish in violation of the provisions as referred to in article 8 paragraph (3) the letter b.
(3) if within the period of 7 (seven) days after the written reprimand/warning as referred to in paragraph (2), fishing and transport of Fish did not meet its obligations, imposed the sanctions exemption of duties while the longest one (1) month.
(4) Monitoring fishing and Transporting the fish has met its obligations before the expiry of the period referred to in subsection (3), the sanctions exemption repealed and temporary assignments can be assigned again.
(5) if the period referred to in subsection (3) has expired and Monitor Fishing or Transporting fish do not carry out their obligations, the administrative penalties in the form of dismissal.
(6) a violation of the provisions referred to in article 8 paragraph (2) letter a administrative penalties in the form of dismissal.
(7) Monitoring fishing and Transporting the fish have laid off cannot be lifted and was reassigned as observers to the fishing and transport of fish.
Article 14 Monitoring fishing and transport of Fish that is a civil servant in addition to penalties as referred to in article 13, could also be penalized in accordance with the legislation.

Article 15 in terms of ship owners or corporate fisheries, and the captain did not fulfill the obligations referred to in article 9 paragraph (2), a fishing vessel or vessels to transport the fish will be placed monitors is not granted Subpoena sailing.

CHAPTER X PROVISIONS COVER article 16 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on February 20, 1995 the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on February 22, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn307-2013 fnFooter ();