Regulation Of The Minister Of Marine And Fisheries The Number 35/candy-Kp/2013 2013

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor 35/PERMEN-KP/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fcbdfde0ae9c313233323234.html

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Back NEWS REPUBLIC of INDONESIA No. 1505, 2013 the MINISTRY of MARINE and fisheries. Determination Of Status. The protection. Types Of Fish. The Ordinance.

REGULATION of the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA NUMBER 35/candy-KP/311 on the DETERMINATION of the STATUS of PROTECTION of a TYPE of FISH with the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: a. that in order to safeguard and guarantee the existence, availability, and continuity of the types of fish, need a follow up Article 24 paragraph (2) the Government Regulation Number 60 in 2007 about the conservation of Fish Resources;
b. that the regulation of the Minister of marine and fisheries the number PER. 03/MEN/2010 about The determination of the Status of the protection of this type of Fish is not according to your needs, so that needs to be reviewed;
c. that based on considerations as referred to the letter a and letter b, need to establish the regulation of the Minister of marine and fisheries on the procedures for the determination of the Status of the protection of the species of fish;
Remember: 1. 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) 1982 (Gazette of the Republic of Indonesia Number 76 of 1985, additional sheets of the Republic of Indonesia Number 3319);
2. Act No. 5 of 1990 concerning Conservation of natural Biodiversity Resources and their ecosystems (Gazette of the Republic of Indonesia Number 49 in 1990, an additional Sheet of the Republic of Indonesia Number 3419);
3. Act No. 5 of 1994 concerning Ratification of the United Nations Convention on Biological Diversity (United Nations Convention On biological diversity) (State Gazette of the Republic of Indonesia Number 41 in 1994, an additional Sheet of the Republic of Indonesia Number 3556);
4. Act No. 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia Number 118 in 2004, an additional Sheet 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. Government Regulation Number 60 in 2007 about the conservation of Fish Resources (State Gazette of the Republic of Indonesia Number 134 in 2007, an additional Sheet of the Republic of Indonesia Number 4779);
6. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as amended, the last presidential regulation Number 55 by 2013 (Gazette of the Republic of Indonesia Number 125 by 2013);
7. 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, the last presidential regulation Number 56 2013 (Gazette of the Republic of Indonesia by 2013 the number 126);
8. The decision of the President of the Republic of Indonesia Number 43 in 1978 about the endorsement of the Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora;
9. Presidential Decree Number 83/P in 2009 as amended last by Presidential Decree Number 60/P by 2013;
10. Regulation of the Minister of marine and fisheries the number PER 15/DOWNLOAD/2010 about the Organization and the Work of the Ministry of marine and Fisheries;
Decide: define: REGULATION of the MINISTER of MARINE and FISHERIES on the PROCEDURES for the DETERMINATION of the STATUS of the PROTECTION of the SPECIES of FISH.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. the fish is any kind of organism that all or part of a cycle of his life in the aquatic environment.
2. The protection of this type of fish is an attempt to maintain and guarantee the existence, availability, and continuity with the type of fish still maintain and improve the quality of the value and diversity of fish resources and the environment in a sustainable way.
3. The type of fish that is protected is a type of fish that is protected on the basis of laws and regulations, and/or protected based on the provisions of international law which ratified, including eggs, body parts, and/or their derivative products (have).
4. The population is a group of certain types of fish are naturally and in the long run have a tendency to achieve balance dynamically according the conditions of habitats and their environment.
5. The authority of the academic (scientific authority) is a government body that has the power to give recommendations to the management authority (management authority) concerning the conservation of fish resources based on scientific principles included in the framework of the implementation of CITES.
6. the Minister is the Minister of marine and fisheries.
7. The Director General is the Director General of the marine, coastal and small islands.
Article 2 determination of the type of fish protection status aimed at keeping and guarantee the existence, availability, and continuity with the type of fish still maintain and improve the quality of the value and diversity of fish resources and the environment in a sustainable way.

CHAPTER II PROTECTION STATUS CRITERIA TYPE of FISH article 3 determination of the status of the protection of this type of fish is carried out based on the criteria: a. endangered;
b. rare;
c. limited deployment area (endemic);
d. decline the number of individuals in the wild fish populations drastically; and/or e.  low levels of reproductive ability.
Article 4 (1) endangered Criteria referred to in article 3 a is determined based on the conditions of the particular type of fish populations that are experiencing a threat of extinction due to natural factors and/or human activity.
(2) the threat of extinction due to natural factors referred to in subsection (1) is caused: a. change of ecosystem components; and/or b.  natural disasters.
(3) the threat of extinction due to human activities as referred to in paragraph (1) due to: a. catches more or excess retrieval;
b. catching the fish with destructive fishing tools;
c. the influx of expat species in the form of predators, competitors and carriers of disease; and/or d.  damage to habitat.
Article 5 (1) rare Criteria referred to in article 3 letter b is determined based on the particular type of fish condition the population very small or restricted-stock abundance.
(2) the population very small or restricted stock abundance as referred to in paragraph (1) with characteristics: a. a small population density or limited to a habitat;
b. the length of time to reach the level of the first sexual mature very long; and/or c.  the slow growth rate and long.
Article 6 (1) limited dissemination area Criteria (endemic) as stipulated in article 3 of the letter c is determined based on the circumstances of a particular type of fish that have only limited natural geographic distribution and/or characteristics of specific ecosystems.
(2) geographical distribution of naturally limited as mentioned in subsection (1) is determined based on the presence of certain types of fish that are naturally present in the environment only a narrow can be the marshes, lakes, rivers and the sea.
(3) the characteristics of particular ecosystems referred to in subsection (1) is determined based on the nature of the bio-ecological characteristic that results in biota is in it must adapt and evolve to form life suits the characteristics of its environment.
Article 7 (1) the criteria of decline the number of individuals in the wild fish populations drastically as stipulated in article 3 letter d due to a reduced number of individual types of fish on the particular habitat in large quantities and in writing within one (1) year.
(2) reduced number of individual types of fish on the particular habitat in large quantities as referred to in subsection (1) is determined based on the tendency of decrease in catches per unit of effort or retrieval.
Article 8 (1) Criteria low reproductive ability levels referred to in article 3 of the letter e is the condition of the low number of new individuals generated.
(2) the low number of new individuals produced as referred to in paragraph (1) with characteristics: a. the number of Ovum's reply is generated per year or per unit weight of fish (fecundity) is low;
b. pairs remain; and/or;
c. total number of death (mortality) and high amounts of natural life to adulthood is naturally low.
CHAPTER III PROTECTION of the STATUS of the TYPE of FISH article 9 determination of the status of the protection of the species of fish consists of: a. full protection; or b.  protection is limited.
Article 10 (1) full Protection as stipulated in article 9 of the letter a is performed in all stages of the life cycle including parts of his body.
(2) the stages of the life cycle referred to in subsection (1) include the following: a. the eggs, larvae, and adult, and juvenil indukan for pisces, crustaceans, mollusks, coelenterate, amphibia, reptilia, and echinoderms;
b. child, adult and indukan for mammals; or c.  spores, puppies, adult and indukan for seaweed and other plants whose life in the water.
Article 11 the limited Protection as stipulated in article 9 letter b consists of: a. the protection based on a certain size;
b. protection based on specific distribution area; and/or c.  protection based on a specific time period.
Article 12 (1) the limited Protection based on a certain size as referred to in article 11 letter a is determined based on the weight, length, and/or diameter.
(2) the limited Protection based on a certain size as referred to in subsection (1) is determined taking into account: a. the age of first sexual mature;
b. size of the seed;
c. size of the prospective parent; and/or d.  measure of economic value.
Article 13

(1) the limited Protection based on specific distribution areas as referred to in article 11 letter b is determined based on the region of fisheries management at the level of village, district, district/city, province, territory management of fisheries of the Republic of Indonesia (WPP-N RI), conservation areas, and/or point coordinates.
(2) the limited Protection based on specific distribution areas as referred to in subsection (1) is determined taking into account: a. the spawning areas (spawning ground), spawning area (nesting ground), parenting (nursery ground), foraging areas (feeding ground), and/or line ruaya;
b. the capture area (fishing ground); and/or c.  the spread of fish resources.
Article 14 (1) unlimited Protection based on the period of time referred to in article 11 of the letter c is determined based on the date, month, and year.
(2) the protection is limited based on the period of time referred to in subsection (1) is determined taking into account: a. the life cycle;
b. ruaya season;
c. habitat conditions; and/or d.  the General State of the population.
CHAPTER IV PROCEDURE for the DETERMINATION of the STATUS of the PROTECTION OF THIS TYPE of FISH is considered Part of the General Article 15 determination of the status of the protection of this type of fish is done through procedures: a. the proposed initiative;
b. verify the proposal;
c. public consultation;
d. policy analysis;
e. scientific recommendations; and f.   the determination of the status of the protection of the species of fish.
The second part of the proposed initiative on article 16 (1) of Proposed initiative as referred to in article 3 a, may be submitted by individuals, community groups, research institutes, educational institutions, government agencies, and NGOs to the Minister.
(2) the proposed initiatives as referred to in subsection (1) must be equipped with an initial study and map the location of the deployment.
(3) initial Review as referred to in paragraph (2) contains at least: a. general population data population, which consists of bioekologis and types of fish;
b. habitat conditions, which includes conditions the quality of waters and the environment;
c. deployment, which includes the area of habitat and habitat types of fish;
d. status of utilization, which include excess utilization, sustainable utilization, and not optimal utilization;
e. protection of important values, which consists of an initial analysis of the role of fish resources in ecologically, economically, the benefits and international attention toward species that will be proposed to be protected;
f. protection of urgency, a preliminary analysis of the level of threat experienced by the proposed species is protected, so that when not protected it is feared will experience extinction in quick time;
g. Government policy; and h.  social, economic, and cultural society, which includes the value system that exists in the community, the level of community support, the potential conflict of interest, potential threat, local wisdom, customs, the value of important species of fish, as well as the potential for tourism.
(4) the location of the deployment as referred to in paragraph (2) in the form of a map or sketch of the place (habitat) types of fish that are proposed to be protected.
The third part verification of the proposed article 17 on the basis of the proposals of the initiative referred to in article 16, the Minister appointed the Director-General to verify the proposal.

Article 18 (1) verification of the proposal referred to in article 17 was conducted to assess the feasibility of the proposals referred to in article 16.
(2) an assessment of the feasibility of the proposal referred to in subsection (1) may be made through: a. study of literature;
b. survey and assessment of population; and c.  coordination with agencies/institutions/related work units.
Article 19 the study of literature as stipulated in article 18 paragraph (2) letter a, covers the activity of collecting secondary data: a. population biology and the type of fish; and b.  the General State of the data area of the spread of different types of fish.
Article 20 (1) of the survey and assessment of population as stipulated in article 18 paragraph (2) letter b done in the study of literature has not been fulfilled.
(2) Surveys and assessments of the population referred to in subsection (1) is performed to obtain information the truth early study and map the spread of this type of fish is proposed to be protected, among others, include the following: a. general population;
b. habitat conditions;
c. dissemination;
d. status of utilization;
e. social, economic, and cultural communities.
Article 21 Activities coordination with agencies/institutions/related work units as referred to in article 18 paragraph (2) Letter c is done to obtain data and information directly from institutions/agencies/units of work which has data and preliminary information about the types of fish that will be protected.

Part four public consultation section 22 (1) the results of the verification as referred to in article 18 further by Director General carried out public consultation to obtain information and raise aspirations directly from the public and stakeholders against a proposed type of fish to be protected.
(2) public consultation as referred to in paragraph (1) may be made through: a. face-to-face;
b. focused group discussions;
c. questionnaire;
d. interview;
e. Workshop/workshop;
f. communication through the mass media; and/or g.  communication via electronic media.
The fifth part Analyses Policy by article 23 (1) Upon verification of the proposal referred to in Article 18 and public consultation as stipulated in article 22, Director General of policy analysis.
(2) the results of the analysis of the policy referred to in subsection (1) is poured in the documents that contain: a. conditions of habitat and population;
b. the extent and the way of utilization;
c. awareness and public awareness;
d. cross-cutting program linkages;
e. impact on society;
f. direction of Government policy, the Government of the province/district/city; and g.  regional/international protection status.
Article 24 (1) the Director-General to report the results of the analysis of the policy referred to in Article 23 and to the Minister.
(2) the report of the Director-General referred to in paragraph (1) States worth or whether the proposed initiative status of protection of a type of fish.
(3) when the report of the results of the analysis of the policy referred to in paragraph (2) stated, the Minister apply scientific recommendations to the authority of Science.
(4) when the report of the results of the analysis of the policy referred to in subsection (2) is not feasible, stated Minister delivered a rejection of the proposed initiative status protection type of fish to the applicant.
The sixth Scientific Recommendations of article 25 (1) the application for a scientific recommendation as referred to in article 24 paragraph (3), at least contain: a. name of the species includes scientific name and local name;
b. status of species based on the provisions of the international;
c. status of the distribution;
d. population size;
e. resource reproduction and lifespan;
f. habitat conditions;
g. ecological adaptations;
h. interaction with humans;
i. types of protection; and j.  management advice.
(2) the scientific Recommendations is the consideration of the Minister to determine the status of protection of a type of fish.
The seventh part of the determination of the type of fish Protection Status of article 26 (1) based on scientific recommendations as stipulated in article 25 paragraph (2) the Minister establishes the status of protection of a type of fish.
(2) the determination of the status of the protection referred to in subsection (1), at the very least contain: a. name of the species includes scientific name and local name; and b.  status of protection.
(3) Upon the determination of the status of the protection of the species of fish referred to in paragraph (2), carried out: a. announcement of the protection status of socialization and the type of fish to the public; and b.  sustainable management.
Chapter V PROTECTION STATUS CHANGES the TYPE of FISH article 27 (1) of the protection Status of the type of fish can be changed when the population has reached a certain level of growth based on the results of scientific studies so that the fish in question are no longer included criteria for species of fish referred to in article 3.
(2) the provisions concerning the procedure for the determination of the status of the protection of the species of fish referred to in Article 15 to article 26 applicable mutatis mutandis the procedure changes the status of the protection against this type of fish referred to in paragraph (1).
CHAPTER VI miscellaneous PROVISIONS Article 28 (1) a local government may assign the status of protection of a type of fish with limited protection status that are set based on the value of culture and the prevailing local wisdom in the areas concerned in accordance with the Ordinance, its presence refers to the regulation of the Minister.
(2) the limited Protection as referred to in paragraph (1) may be proposed to set the status of protection nationally, which is set by a decision of the Minister.
CHAPTER VII TRANSITIONAL PROVISIONS Article 29 the determination of the status of the species of fish that have been protected based on legislation that had existed before the establishment of this Ministerial Regulation, otherwise remains valid.

CHAPTER VIII PROVISIONS COVER article 30 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of marine and fisheries the number PER. 03/MEN/2010 about The determination of the type of fish Protection Status revoked and declared inapplicable.

Article 31 this Ministerial 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 16 December 2013 MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on December 19, 1995 the MINISTER of LAW and HUMAN RIGHTS


The REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();