Regulation Of The Minister Of Marine And Fisheries The Number Per 16/download/2011 2011

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor PER.16/MEN/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51fef7c8c08374313233323238.html

BN 444-2011 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 444, 2011 REGULATIONS the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA NUMBER PER 16/DOWNLOAD/2011 RISK ANALYSIS ABOUT IMPORTATION of FISH and FISHERY PRODUCTS by the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: a. that the importation of fish and fishery products could potentially be a medium carrier for the entry and spread of pests and diseases of fish is harmful, jeopardizing the sustainability of fish resources and the environment , human health, and the fisheries business continuity, risk analysis needs to be done so that the importation of fish and fishery products;
b. that for it, need to establish ministerial regulation about risk analysis Importation of fish and fishery products;
Remember: 1. Act No. 16 of 1992 about the Quarantine of animals, fish, and plants (State Gazette of the Republic of Indonesia Number 56 of 1992, an additional Sheet of the Republic of Indonesia Number 1111);
2. 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);
3. Government Regulation No. 15 of 2002 about a fish Quarantine (State Gazette of the Republic of Indonesia Number 36 in 2002, an additional Sheet of the Republic of Indonesia Number 4197);
4. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries;
5. 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 67 in 2010;
6. Presidential Decree Number 83/P in 2009, as amended by Presidential Decree Number 56/P in 2010;
7. Regulation of the Minister of marine and fisheries the number PER 20/DOWNLOAD/2007 about the actions of the carrier Media Infusion for Quarantine pests and disease Quarantine Fish from overseas and from One Area To Another Area within the territory of the Republic of Indonesia;
8. The marine and fishery Minister Regulation Number PER 24/DOWNLOAD/2008 about the new type of fish that will be cultivated;
9. Regulation of the Minister of marine and fisheries the number PER 29/DOWNLOAD/2008 about the requirements of carrier Media Infusion in the form of live fish;
10. Regulation of the Minister of marine and fisheries the number PER 17/DOWNLOAD/2009 concerning the prohibition of certain types of Dangerous Fish Intake from overseas into the territory of the Republic of Indonesia;
11. 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;
12. Regulation of the Minister of marine and fisheries the number PER 11/DOWNLOAD/2011 on the installation of Fish Quarantine;
13. the regulation of the Minister of marine and fisheries the number PER 15/DOWNLOAD/2011 about quality control and the safety of Fishing Results are entered into the territory of the Republic of Indonesia;
14. The decision of the Minister of marine and Fisheries the number KEP. 07/DOWNLOAD/2004 about procurement and circulation of seeds of fish;
15. The decision of the Minister of marine and Fisheries the number KEP. 08/DOWNLOAD/2004 about The infusion of New types or varieties of Fish into the territory of the Republic of Indonesia;
Decide: define: REGULATION of the MINISTER of MARINE and FISHERIES on RISK ANALYSIS of FISH and FISHERY PRODUCTS IMPORTATION.
CHAPTER I GENERAL PROVISIONS article 1 In this Ministerial Regulation, the definition of risk analysis: 1. the Importation of fish and fishery products is the assessment of the potential of the entry and spread of pests and diseases of fish is dangerous, the risk of danger to the sustainability of fish resources and the environment, human health and livelihoods of the fishing effort, which may be incurred from the importation of fish and fishery products.
2. Fish is any kind of organism that all or part of a cycle of his life in the aquatic environment.
3. Fishery products is any form of food products in the form of whole fish or fish parts containing products, including products that have been processed in any way that made the major fish.
4. fish dangerous pests and diseases are all organisms that may damage, interfere with the conservation of fish resources and the environment, and the possibility of harm to human health.
5. The Office International des Epizooties, hereinafter abbreviated as OIE, the World animal health Body is.
6. Types of fish of a particular species of fish is dangerous from outside the territory of the Republic of Indonesia that can harm and/or endanger the sustainability of fish resources, environment, and people. 7. people are those individuals or corporations.
8. The Corporation is a group of people and/or wealth that is well organized legal entities or not a legal entity. 9. the Minister is the Minister of marine and fisheries.

10. The Director General is the Director General of the Fishery.

Article 2 Purpose the establishment of ministerial regulation this is in order to prevent the entry and spread of pests and diseases of fish, protect the sustainability of fish resources and the environment, human health, and the survival of the fishing effort of the hazards that may be caused from the importation of fish and fishery products.

Article 3 scope of the Regulations the Minister include: a. risk analysis object importation of fish and fishery products; and b.  risk analysis of implementation of the importation of fish and fishery products.

CHAPTER II RISK ANALYSIS OBJECT IMPORTATION of FISH and FISHERY PRODUCTS article 4 (1) the object of the risk analysis importation of fish and fishery products are differentiated by country of origin, namely: a. the State is not a member of the OIE; and b.  Member countries of the OIE.
(2) risk analysis Object importation of fish and fishery products originating from countries not members of the OIE, include a.  fish; and/or b.  fishery products.
(3) the object of the risk analysis importation of fish and fishery products originating from member countries of the OIE, include: a. type or strain/new fish varieties;

b. new fishery products;

c. types of fish are dangerous;

d. fish and fishery products from countries of origin that have new diseases; and/or e.  fish and fishery products from countries of origin that was exposed to the plague;
(4) risk analysis of object Incorporation importation of fish and fishery products originating from OIE Member countries into the territory of the Republic of Indonesia for the first time from the country of origin of the risk analysis required importation of fish and fishery products.
CHAPTER III IMPLEMENTATION of RISK ANALYSIS IMPORTATION of FISH and FISHERY PRODUCTS article 5 (1) every person who will incorporate risk analysis object importation of fish and fishery products as referred to in article 4 to the territory of the Republic of Indonesia is obliged to apply in writing to the Director-General containing: a. the identity of the applicant;

b. the name of the object;

c. size and number/volume;

d. the purpose of the importation;

e. State the origin of objects; and f.   State transit plan.
(2) the Application referred to in subsection (1), compulsory fitted with documents that contain: a. historical information: b. information biology;

c. social and economic information; and d.  environmental information.
(3) information about history as referred to in paragraph (2) letter a include: a. the specifications;

b. origin;

c. genealogy; and d.  the results of introduction and development in other countries.
(4) information on biology as referred to in paragraph (2) letter b include: a. the nature;

b. food and eating habits;

c. the reproduction;

d. form of engineering technology;

e. growth (growth);

f. pest and disease; and g.  history and spread of the disease.
(5) information on the social and economic as referred to in paragraph (2) Letter c covers: a. utilization of fish and fishery products in the country of origin; and b.  the economic value of fish and fishery products.
(6) information about the environment as referred to in paragraph (2) letter d include: a. habitat;

b. a description of the source of origin of fish and fishery products; and c.  a description of the processing environment, for fishery products.
(7) the documents referred to in subsection (2) must have an endorsement from establishments that are authorized in the country of origin.
Article 6 (1) the Director General upon application as stipulated in article 5 clause (1), within a period of not longer than 5 (five) working days conduct the examination of the application for completeness.
(2) if the application is complete, the Director General continued to risk analysis Team Importation of fish and fishery products to do risk analysis importation of fish and fishery products.
(3) if the application is not complete, then the Director-General to publish the notice of rejection risk analysis importation of fish and fishery products, accompanied with the reason for denial to the applicant.
(4) further Provisions concerning the risk analysis Team Importation of fish and fishery products as referred to in paragraph (2) are defined with the Minister's decision.
Article 7 (1) analysis of the risk of importation of fish and fishery products as referred to in article 6 paragraph (2) includes the following: a. the identification of the hazards (hazard identification);

b. risk assessment (risk just my assesment);

c. risk management (risk management); and d.  communication of risk (risk communication).
(2) identification of the hazard (hazard identification) as referred to in paragraph (1) letter a was conducted to identify potential entry and spread of pests and diseases of fish is dangerous, the danger for the conservation of fish resources and the environment, human health, as well as business continuity of fisheries.

(3) risk assessment (risk just my assesment) as referred to in paragraph (1) letter b was conducted to assess the potential of the entry and spread of pests and diseases of fish is dangerous, the risk of danger to the sustainability of fish resources and the environment, human health and livelihoods of the fishing effort, that may arise either quantitative or qualitative in nature, comprising: a. an assessment of spending (release assessment);

b. assessment of the exposure (exposure assessment);

c. assessment of the consequences (consequence assessment); and d.  estimation of risk (risk estimation).
(4) risk management as referred to in paragraph (2) Letter c is done to minimize the risk to the potential entry and spread of pests and diseases of fish is dangerous and danger for the conservation of fish resources and the environment, human health, as well as business continuity of fisheries, including: a. risk evaluation (risk evaluation);

b. evaluation options (option evaluation);

c. implementation (implementation); and d.  and phased monitoring (monitoring and review).
(5) risk Communication as referred to in paragraph (1) letter d done to capture the information and opinions in a transparent from the parties concerned during the process of risk analysis, identification of hazards, communicating with the risk assessment and proposed risk management to the applicant, the decision maker, and the parties concerned in the country of destination and countries of origin.
(6) risk analysis importation of fish and fishery products as referred to in subsection (1) is carried out on the basis of scientific study, and if needed can be done the review field and/or laboratory testing in the country of origin.
(7) the provisions concerning the further implementation of the risk analysis importation of fish and fishery products as referred to in paragraph (1) established by decision of the Director General.
Article 8 (1) risk analysis team of the Importation of fish and fishery products every 6 (six) months delivered a progress report on the implementation of risk analysis importation of fish and fishery products against any risk analysis object importation of fish and fishery products to the Director General.
(2) the Director-General for a period of not longer than 5 (five) working days from receiving a report referred to in subsection (1), notice of the progress of the implementation of risk analysis importation of fish and fishery products to the applicant.
Article 9 (1) risk analysis team of the Importation of fish and fishery products within a period of not longer than 12 (twelve) months from full application, conveying the results of the analysis of the risk of importation of fish and fishery products to the Director General.
(2) the results of the analysis of the risk of importation of fish and fishery products as referred to in paragraph (1) was poured in the document risk analysis importation of fish and fishery products in accordance with the object to be analyzed.
(3) risk analysis Document importation of fish and fishery products as referred to in paragraph (2) contains among other things: a. the results of the identification of hazards, risk assessment, and risk management; and b.  conclusion analysis of the risk of importation of fish and fishery products in the form of: 1) banning of income;

2) delay the infusion;

3 income with approval requirements); or 4) approval submissions.
(4) the Director General for a period of not longer than three (3) days from receiving the document the results of the risk analysis importation of fish and fishery products, publish the results of the analysis of the risk of Importation of fish and fishery products stating: a. the income restrictions;

b. delays in income;

c. approval of the income requirements; or d.  approval submissions.
(5) the letter referred to in subsection (4) is equipped with a summary of the results of the analysis and is made using the form such as in the appendix that is part an integral part of this regulation of the Minister.
Article 10 validity of risk analysis results Letter Importation of fish and fishery products stating approval or consent to the terms of revenue income referred to in article 9 paragraph (2) Letter c and article 9 paragraph (4) the letter d to be used as one of the conditions to get permission Infusion is the longest one (1) month from the date issued.

CHAPTER IV article 11 FINANCING Costs incurred in the implementation of risk analysis importation of fish and fishery products charged to the budget of the State Expenditures and revenues of the Ministry of marine and fisheries.

Chapter V MISCELLANEOUS PROVISIONS article 12 Products related to fish and fishery products which have the potential for the entry and spread of pests and diseases of fish is harmful, jeopardizing the sustainability of fish resources and the environment, human health, and the fisheries business continuity risk analysis required importation of fish and fishery products as provided for in the regulations of the Minister.

The CONCLUDING chapter 13 CHAPTER VI ministerial regulation is valid after three (3) months from the date of enactment.

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 July 21, 2011 MINISTER of MARINE and FISHERIES FADEL MUHAMMAD, INDONESIA Enacted in Jakarta on July 21, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();