STATE NEWS
REPUBLIC OF INDONESIA
| No. 1505, 2013 | MINISTRY OF MARINE AND FISHERY. Status assignment. Protection. Kind of fish. Tata Cara. |
REGULATION OF MARINE MINISTER AND FISHERIES OF THE REPUBLIC OF INDONESIA
NUMBER 35 /PERMEN-KP/2013
ABOUT
ORDER THE DESIGNATION OF THE FISH-TYPE PROTECTION STATUS
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA,
Weigh: a. that in order to maintain and guarantee the existence, availability, and continuity of the type of fish, it needs to follow up on Section 24 of the paragraph (2) of Government Regulation Number 60 of 2007 on the Conservation of Fish Resource;
B. that the Regulation of the Minister of Marine and Fisheries No. 03/MEN/2010 on the Tata Way Penetration Status of the Type of Fish Protection is not in accordance with the need, so that it needs to be reviewed;
c. that under consideration as the letter a and letter b, need to establish the Minister of the Marine and Fisheries Regulations on the Way of the Penetration Status of the Fish Type;
Remembering: 1. Law No. 17 of 1985 on the Unrest of the United Nations Convention on the Law of the Sea (United Nations Convention on the Law of the Sea) 1982 (Sheet of State of the Republic of Indonesia Number 76 in 1985, Additional Gazette of the Republic of Indonesia Indonesia Number 3319);
2. Act No. 5 Year 1990 on the Conservation of Natural Resources Hayati and Ekosystem (Sheet State Of The Republic Of Indonesia 1990 Number 49, Additional Sheet Of State Republic Of Indonesia Number 3419);
3. Act No. 5 Year 1994 on Unrest of the United Nations Convention on Biological Diversity (United Nations Convention Concern Biodiversity) (State Gazette of the Republic of Indonesia in 1994 Number 41, Extra Sheet Republic of Indonesia No. 3556);
4. Law No. 31 Year 2004 on Fisheries (State Sheet Indonesia 2004 Number 118, Additional Gazette Republic of Indonesia No. 4433), as amended by Law Number 45 Year 2009 (State Sheet) Republic of Indonesia Year 2009 Number 154, Additional Gazette of the Republic of Indonesia Number 5073);
5. Government Regulation No. 60 of 2007 on the Conservation of Fish Resources (State Sheet of the Republic of Indonesia Year 2007 Number 134, Additional Gazette Republic of Indonesia Number 4779);
6. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State, as amended, last with the Presidential Regulation Number 55 of 2013 (State Sheet of the Republic of Indonesia Year 2013 Number 125);
7. Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of the Ministry of State, as amended, lastly with the Presidential Regulation No. 56 of 2013 (State of the Republic of Indonesia in 2013 No. 126);
8. Decree of the President of the Republic of Indonesia Number 43 of 1978 on the Unrest of the Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora;
9. Presidential Decree No. 84 /P Year 2009 as amended, last with Presidential Decree Number 60 /P Year 2013;
10.Regulation of Marine Minister and Fisheries Number PER.15/MEN/2010 on the Organization and the Working Governance of the Ministry of Marine and Fisheries;
DECIDED:
Establish: MARINE MINISTER REGULATION AND FISHERIES ABOUT THE ESTABLISHMENT OF THE DESIGNATION OF THE PROTECTION STATUS OF FISH TYPES.
BAB I
UMUM CONDITIONS
Section 1
In Regulation of this Minister, referred to by:
1. Fish is any type of organism that is all over or part of its life cycle to be in the aquatic environment.
2. Fish-type protection is an effort to maintain and guarantee the existence, availability, and continuity of the type of fish by staying nurturing and improving the quality of the value and diversity of its fish resources and its environment on a continuous basis.
3. The type of protected fish is a type of fish protected under the laws, and/or protected under the terms of the international law that is ratified, including the egg, body parts, and/or its derivative products (derivatives).
4. The population is a particular type of fish that is naturally and in the long term has a tendency to dynamically achieve equilibrium in terms of habitat conditions and their environment.
5. The scientific authority is a government agency that has the authority to provide recommendations to the management authority regarding conservation of fish resources based on the principles of scholarship. Including the implementation of the CITES.
6. The Minister is the Minister of Oceans and Fisheries.
7. Director General is Director General of Marine, Coastal, and Small Island-Islands.
Section 2
The designation of a fish-type protection status aims to preserve and guarantee the existence, availability, and continuity of the type of fish by staying nurturing and improving the quality of the value and diversity of the fish resources and its environment continuous.
BAB II
FISH PROTECTION STATUS CRITERIA
Section 3
Fish-type protection status assignments are performed by criteria:
a. threatened with extinction;
B. rare;
c. Limited deployment area (endemic);
D. the decrease in the number of individuals in the fish population in nature drastically; and/or
e. low level of reproductive ability.
Section 4
(1) Endangered Criteria as referred to in Article 3 of the letter a determined based on the condition of certain types of fish types that suffer the threat of extinction as a result of natural factors and/or human activities.
(2) The threat of extinction due to natural factors as referred to in paragraph (1) is due to:
a. changes in the ecosystem component; and/or
B. Natural disaster.
(3) The threat of extinction as a result of human activity as referred to in paragraph (1) is due to:
a. catch more or take excess;
B. catch of fish with damaging fish capture tool;
c. entry of the immigrant species is a predator, a competitor and a host of disease; and/or
D. habitat destruction.
Section 5
(1) The rare Criteria as referred to in Article 3 of the letter b is determined based on the condition of the particular type of fish whose population is very small or the abundance of the bars is limited.
(2) The population is very small or limited stock abundance as referred to in paragraph (1) with the traits:
a. Small or limited population density in a habitat;
B. the timeframe to reach the first sexually mature levels very long; and/or
c. Slow and long-lived growth rate.
Section 6
(1) The criterion of finite spread area (endemic) as referred to in Article 3 of the letter c is determined based on the state of certain types of fish that only have a finite natural geographic distribution and/or characteristic ecosystem characteristics.
(2) A finite natural geographic distribution as referred to in verse (1) is determined by the presence of a particular type of fish that occurs naturally only in a narrow life environment can be rivers, lakes, swamps and seas.
(3) Characteristic of certain ecosystems as referred to in verse (1) is determined based on the distinctive bio-ecology properties that result in the biota that are in it must adapt and evolve to form a special life pattern according to characteristic environment.
Section 7
(1) Criteria of the decrease in the number of individuals in the fish population in nature drastically as referred to in Article 3 of the letter d due to the reduced number of individual types of fish in certain habitats in large quantities and in the period of time One year, at the most.
(2) The lack of the number of individual types of fish in certain habitats in large quantities as referred to in verse (1) is determined based on the trend of decreasing capture results or retrieval per unit of effort.
Section 8
(1) The criterion of low reproductive ability level as referred to in Article 3 of the letter e is the low condition of the number of new individuals produced.
(2) The low number of new individuals produced as referred to in paragraph (1) with the description:
a. number of egg cells produced per year or per unit of low (fecicity) of fish (fecundity);
B. fixed pairs; and/or;
c. The amount of death (mortality) of natural high and the number of living to adulthood is naturally low.
BAB III
FISH PROTECTION STATUS
Section 9
The designation of the protection status of the fish type consists of:
a. full protection; or
B. Limited protection.
Section 10
(1) The full protection as referred to in Article 9 of the letter a performed on the whole stage of life cycle including its body parts.
(2) The lifecycle Tahapan as referred to in paragraph (1) includes:
a. eggs, larvae, juveniles, and adults and miss for pisces, crustaceans, crustaceans, mollusca, coelenterate, amphibia, reptilia, and echinodermata;
B. Child, adult and miss for mammalia; or
C. The spores, the saplings, the adults, and the yearlings for the seaweed and the other plants whose lives are in the water.
Section 11
Limited protection as referred to in Article 9 of the letter b consists of:
a. protection based on a specific size;
B. protection based on a specific distribution area; and/or
c. Protection based on a given time period.
Section 12
(1) Limited protection based on a specific measure as referred to in Article 11 of the letter a specified by weight, length, and/or diameter.
(2) Limited protection based on a certain size as referred to in paragraph (1) is determined by considering:
a. first age of sexual maturity;
B. seed size;
c. parent-candidate size; and/or
D. the size of economic value.
Section 13
(1) Limited protection based on certain areas of distribution as referred to in Section 11 of the letter b defined by the fisheries management area at the village level, subdistrict, district/city, province, state fisheries management area The Republic of Indonesia (WPP-N RI), a conservation area, and/or coordinates specified.
(2) Limited protection based on certain areas of distribution as specified in paragraph (1) is determined by considering:
a. Spawning ground, nested ground, parenting area, feeding ground, and/or ruaya line;
B. Fishing ground; and/or
c. Deploy of fish resources.
Section 14
(1) The limited protection based on a given period of time as referred to in Section 11 of the letter c is determined by date, month, and/or year.
(2) The limited protection based on a given time period as referred to in paragraph (1) is determined by considering:
a. life cycle;
B. season ruaya;
c. habitat conditions; and/or
D. General population.
BAB IV
FISH PROTECTION STATUS ASSIGNMENT PROCEDURE
The Kesatu section
General
Section 15
The designation of the protection status of the type of fish is carried out through
a. the initiative proposal;
B. verification of proposals;
c. public consultation;
D. policy analysis;
e. scientific recommendation; and
f. the designation of a fish-type protection status
The Second Part
Initiative proposal
Section 16
(1) The proposed initiative as referred to in Article 15 of the letter a, may be submitted by individual persons, community groups, research institutes, educational institutions, government agencies, and community swadam institutions to the Minister.
(2) The proposed initiative as referred to in paragraph (1) must be supplemented with an initial study and a deployment location map.
(3) The initial presentation as referred to in paragraph (2) at least contains:
a. the general state of the population, which is the population data and the bioecological type of fish;
B. habitat conditions, which include water quality conditions and its environment;
C. the deployment, which includes habitat dispersal and the spread of fish types;
D. utilization status, which includes overuse, lestary utilization, and the utilization of not optimal;
e. Essential value of protection, which is an early analysis of the ecological role of fish resources, the benefits of the economic side, and international attention to the species to be proposed for such protection;
f. Protection urgency, which is an early analysis of the threat level experienced by the proposed protected species, so that if unprotected is feared it will experience extinction in a fast time;
G. government policy; and
h. social, economic, and cultural society, which includes a system of existing value in society, the level of community support, potential conflicts of interest, potential threats, local kearifan, customs, important value of fish, as well as tourism potential.
(4) The deployment location map as referred to in paragraph (2) is a map or sketch of a living place (habitat) of the type of fish proposed to be protected.
The Third Part
Proposal Verification
Section 17
Based on the proposed initiative as referred to in Article 16, the Minister assigned the Director General to verify the proposal.
Section 18
(1) The verification of the proposal as referred to in Article 17 is conducted to assess the feasibility of the proposal as referred to in Article 16.
(2) The eligibility assessment of the proposal as referred to in paragraph (1) can be done through:
a. literature study;
B. survey and population assessment; and
c. Co-ordination with related work/work/workunits.
Section 19
The study of the literature as referred to in Article 18 of the paragraph (2) of the letter a, includes the collection activities:
a. Biological secondary data and fish type populations; and
B. General public data for the spread of fish types.
Section 20
(1) The survey and assessment of the population as referred to in Article 18 of the paragraph (2) of the letter b is performed if the study of the literature is not met.
(2) The survey and population assessment as referred to in paragraph (1) is conducted to obtain the initial study correctness and map of the proposed fish-type dissemination location for protection, including:
a. the general state of the population;
B. habitat conditions;
C. deployment;
D. utilization status;
e. social, economic, and cultural society.
Section 21
Coordinate activities with related work/work/work units referred to in Section 18 of the paragraph (2) of the letter c are performed to obtain data and direct information from the work/work/workunits that have the initial data and information about the type of fish to be protected.
The Fourth Part
Public Consultation
Section 22
(1) The results of the verification as referred to in the next Article 18 by the Director General are conducted public consultation to obtain information and filter the direct aspiration of the public and stakeholders against the type of fish that proposed to be protected.
(2) The public consultation as referred to in paragraph (1) can be done through:
a. Face to face;
B. focused group discussion;
C. questionnaire;
D. interview;
e. /workshop;
f. communications via mass media; and/or
G. communications via electronic media.
The Fifth Part
Policy Analysis
Section 23
(1) Based on the verification of the proposal as referred to in Article 18 and public consultation as referred to in Article 22, the Director General conducts policy analysis.
(2) The results of the policy analysis as referred to in paragraph (1) are poured in the document containing:
a. habitat and population conditions;
B. level and means of utilization;
c. Public awareness and awareness;
D. Cross-sectoral program link;
e. impact on society;
f. government policy direction, provincial/county/city government; and
G. Regional/international protection status.
Section 24
(1) The Director General reports the results of the policy analysis as referred to in Article 23 to the Minister.
(2) The Report of the Director General as referred to in paragraph (1) states whether or not the proposed initiative of the status of the protection of a fish type.
(3) If the report of the results of the policy analysis as referred to in paragraph (2) is declared feasible, the Minister applied for a scientific recommendation to the Scientific Authority.
(4) If the report of the results of the policy analysis as referred to in paragraph (2) is declared unfeasible, the Minister rejects the proposed initiative of the status of the protection of the fish type to the applicant.
The Sixth Part
Scientific Recommend
Section 25
(1) The Scientific Recommendations as referred to in Section 24 of the paragraph (3), at least include:
a. species name includes local name and scientific name;
B. status of species based on international provisions;
c. status of the range;
D. population size;
e. reproductive power and age of life;
f. habitat conditions;
G. ecological adaptation;
h. interaction with humans;
i. type of protection; and
J. Management advice.
(2) The scientific recommendation is the Minister ' s consideration material to establish the protection status of the type of fish.
The Seventh Part
Fish-type Protection Status designation
Section 26
(1) Based on the scientific recommendation as referred to in Article 25 of the paragraph (2) the Minister establishes the protection status of the type of fish.
(2) The protection of the protection status as referred to in paragraph (1), at least contains:
a. species names include local names and scientific names; and
B. Protection status.
(3) Based on the designation of the protection status of the type of fish as referred to in paragraph (2), it is performed:
a. the announcement and socialization of the type of fish protection status to the public; and
B. Sustainable management.
BAB V
CHANGE IN THE PROTECTION STATUS OF THE FISH TYPE
Section 27
(1) The protection status of the type of fish can be changed if the population has reached a certain level of growth based on the results of scientific studies so that the type of fish in question is no longer included in the type of fish criteria. Section 3.
(2) The provisions of the procedure of establishing a fish-type protection status as referred to in Article 15 to Section 26 apply mutatively mutandis to the procedure of change in the status of the protection of the type of fish as referred to in the verse (1).
BAB VI
OTHER PROVISIONS
Section 28
(1) Local government may establish a fish type protection status with a limited protection status set based on the local cultural and kearifan values applicable in the area concerned according to its authority, in the manner Its suppressor refers to the Regulation of this Minister.
(2) Limited protection as referred to in paragraph (1) may be proposed to be established a national protection status, specified by the Ministerial Decree.
BAB VII
TRANSITION PROVISIONS
Section 29
The designation of protected fish-type status under the existing laws before the Order of the Minister, is stated to remain in effect.
BAB VIII
CLOSING PROVISIONS
Section 30
By the time the Regulation of the Minister came into effect, the Regulation of Marine and Fisheries Minister Number PER.03/MEN/2010 on the Tata Cara Penetration Status of the Fish Type Protection Status was revoked and stated to be not valid.
Section 31
The Minister ' s rules are beginning to apply at the date of the invitation.
In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on December 16, 2013
MINISTER OF MARINE AND FISHERIES
REPUBLIC OF INDONESIA,
SHARIF C. SUTARDJO
Promulgated in Jakarta
on December 19, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
