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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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STATE NEWS
REPUBLIC OF INDONESIA

No. 444, 2011
Rule
MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA
NUMBER PER.16/MEN/2011
ABOUT
ANALYSIS OF THE RISK OF FISH IMPORTATION AND FISHERY PRODUCTS

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF MARINE AND FISHERIES REPUBLIC OF INDONESIA,

Weigh: a.   that the importation of fish and fishery products could potentially be the carrier medium for entry and the spread of dangerous pests and fish diseases, endangering the resources of fish and environment, human health, and the survival of fishery, so that it needs to do an analysis of the risk of fish importation and fishery
B.   that for that, it needs to establish the Minister ' s Regulation on the Risk Analysis of Fish Importation and Fisheries Products;

Remembering: 1.   Act Number 16 of 1992 on Quarantine Animals, Fish, and Plants (State Of The Republic Of Indonesia 1992 Number 56, Additional Sheet Of State Republic Indonesia Number 3482);
2. Law No. 31 Year 2004 on Fisheries (State Gazette Indonesia Year 2004 Number 118, Additional Gazette Republic of Indonesia Number 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);
3. Government Regulation No. 15 Year 2002 on Quarantine Of Fishes (sheet Of State Of The Republic Of Indonesia In 2002 Number 36, Additional Gazette Of The Republic Of Indonesia Number 4197);
4. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State;
5. Presidential Regulation No. 24 Year 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Susunan of the Organization, Duty, and Functions of the Ministry of State, as amended by the Presidential Regulation No. 67 of 2010;
6. Presidential Decree No. 84 /P of the Year 2009, as amended by Presidential Decree No. 56/P of 2010;
7. Regulation of the Minister of Oceans and Fisheries Number PER.20/MEN/2007 on Quarantine Measures for Regulation Of Pest Control Of Pest And Fish Diseases From Abroad And From An Area To Other Areas Within The Country's State Territory;
8. Regulation of the Minister of Oceans and Fisheries Number PER.24/MEN/2008 on the Type of New Fish that Will Be cultivated;
9. Regulation of the Minister of Oceans and Fisheries Number PER.29/MEN/2008 on the Requirements of Carrier Media Inclusion Of Live Fish;
10.Regulation of Naval Minister and Fisheries No. .17/MEN/2009 on the Prohibition of Income Of Some Types Of Harmful Fish From Abroad into the State Territory of the Republic of Indonesia;
11.Regulation Marine Minister and Fisheries Number PER.15/MEN/2010 on the Organization and the Working Governance of the Ministry of Marine and Fisheries;
12.Regulation Marine Minister and Fisheries Number PER.11/MEN/2011 on Fishing Quarantine Installation;
13.4 Marine Minister and Fisheries Regulation No. 3-2011 on the Controlling of the Mutu and the Security Results of Fisheries entered into the Republic of Indonesia;
14.Decision Marine Minister and Fisheries Number KEP.07/MEN/2004 on the Absence And Circulation Of Fish Seed;
15.Decision Marine Minister and Fisheries Number KEP.08/MEN/2004 on the Tata Way of Installing the Type of Fish or New Varieties into the State Territory of the Republic of Indonesia;

DECIDED:

Establish: MARINE MINISTER REGULATION AND FISHERIES ABOUT THE ANALYSIS OF THE RISK OF FISH IMPORTATION AND FISHERY PRODUCTS.

BAB I
UMUM PROVISIONS

Section 1
In Regulation of this Minister, referred to by:
1. Risk Analysis of Fish Importation and Fisheries Products is an assessment of potential entry and the spread of harmful fish and fish diseases, the risk of danger to the sustainability of fish resources and the environment, human health, and the survival of the The fishery may be inflicted by the importation of fish and fishery products.
2. Fish is any type of organism that is all over or part of its life cycle to be in the aquatic environment.
3. The fishery product is any form of food product that is either a whole fish or a product that contains parts of the fish, including products that are already processed in any way the main fish default.
4. Hama and dangerous fish diseases are all organisms that can damage, disrupt the sustainability of the fish resources and their environment, and the possibility of endangering human health.
5. Office International des Epizooties, later abbreviated OIE, is the World Animal Health Agency.
6. The dangerous fish type is a particular type of fish that is derived from outside the State of the Republic of Indonesia that can harm and/or harm the sustainability of fish, environment, and human resources.
7. People are either individual or corporate persons.
8. Corporations are a collection of people and/or wealth organized by either a legal entity and not a legal entity.
9. The Minister is the Minister of Oceans and Fisheries.
10.Director General is the Director General of Fisheries Cultivation.

Section 2
The purpose of this Minister's Regulation is in order to prevent entry and the spread of pests and dangerous fish diseases, protecting the sustainability of fish and environmental resources, human health, and the survival of fishery from risk. the possible dangers posed of the importation of fish and fishery products.

Section 3
The scope of this Ministerial Regulation includes:
a.   the object of risk analysis of fish importation and fishery products; and
B.   execution of risk analysis of fish importation and fishery products.

BAB II
FISH IMPORTATION RISK ANALYSIS OBJECT
AND FISHERY PRODUCTS

Section 4
(1) Object the risk analysis of fish importation and differentiated fishing products based on the country of origin namely:
a.   country not OIE member; and
B.   OIE member state.
(2) Object the risk analysis of the importation of fish and fishery products derived from the country instead of OIE members, including
a.   fish; and/or
B.   Fishing products.
(3) Object the risk analysis of the importation of fish and fishery products derived from the OIE member state, including:
a.   new types or strains/fish varieties;
B.   new fishing products;
c. type of dangerous fish;
D.   fish and fisheries products from the home country of origin that have new diseases; and/or
e.   fish and fishery products from the country of origin that are being exposed to the plague;
(4) Instalment of the risk analysis of the risk of importation of fish and fishery products originating from the OIE member state into the State of the Republic of Indonesia for the first time from the country of mandatory origin analysis of the risk of importation of fish and products Fishing.

BAB III
EXECUTION OF FISH IMPORTATION RISK ANALYSIS
AND FISHERY PRODUCTS

Section 5
(1) Any person who will enter an object of risk analysis of the importation of fish and fishery products as referred to in Article 4 to the State of the Republic of Indonesia is required to submit a request in writing to the Director General of the following:
a.   the applicant ' s identity;
B.   object name;
c. size and number of /volume;
D.   Importation objectives;
e.   object of origin; and
f.    The transit country plan.
(2) Requests as referred to in paragraph (1), are required to be supplemented with a document containing:
a.   historical information:
B.   biological information;
c. Social and economic information; and
D.   Environmental information.
(3) The information about history as referred to in paragraph (2) of the letter is included:
a.   specs;
B.   non-origin;
C.   genealogy; and
D.   the results of the introduction and development in other countries.
(4) The information about biology as referred to in paragraph (2) the letter b includes:
a.   properties;
B.   food and eating habits;
C.   reproduction;
D.   technology engineering form;
e.   growth (growth);
f.    pest and disease; and
G.   history and the spread of disease.
(5) The social and economic information as referred to in paragraph (2) of the letter c includes:
a.   utilization of fish and fishery products in the home country; and
B.   value of fish economy and fishery products.
(6) The information about the environment as referred to in paragraph (2) of the letter d includes:
a.   habitat;
B.   source description of fish origin and fishery products; and
c. description of the processing environment, for fishery products.
(7) The document as referred to in paragraph (2) must be authorized by the authority in the country of origin.

Section 6
(1) The Director-General under the request as referred to in Article 5 of the paragraph (1), in the most prolonged term 5 (five) of the working day of the examination of the completeness of the application.
(2) If the application is complete, the Director General proceeds to the Fish Importation Risk Analysis Team and the Fisheries Product to perform risk analysis of fish importation and fishery products.
(3) If the request is not complete, then the Director General publishes a notice of the risk analysis of the importation of fish and fishery products, accompanied by the grounds of rejection to the applicant.
(4) Further provisions on the Risk Analysis Team of Fish Importation and Fisheries Products as referred to in paragraph (2) are set out with the Minister ' s Decision.

Section 7
(1) The risk analysis of the importation of fish and fishery products as referred to in Article 6 of the paragraph (2) includes:
a.   identification of danger (hazard identification);
B.   risk assessment (risk assesment);
c. risk management (risk management); and
D.   risk communication (risk communication).
(2) The hazard identification (hazard identification) as referred to in paragraph (1) the letter is done to identify the potential in and the availability of hazardous pests and fish diseases, the danger to the preservation of fish resources and the environment, Human health, as well as the survival of fisheries.
(3) Risk assessment (risk assessment) as referred to in paragraph (1) letter b performed to assess potential entry and availability of hazardous pests and fish diseases, risk of danger for the sustainability of fish resources and the environment, health human, and the survival of fishery ventures that may arise both quantitative and qualitative, including:
a.   expense assessment (release assessment);
B.   Exposure assessment (exposure assessment);
c. assessment of consequences (consequence assessment); and
D.   estimate risk (risk estimation).
(4) The risk management as referred to in paragraph (1) letter c is done to minimize the risk of entry potential and the spread of harmful fish and fish diseases and the danger to the sustainability of fish resources and environment, health human, as well as the survival of the fisheries, including:
a.   risk evaluation (risk evaluation);
B.   selection evaluation (option evaluation);
c. implementation (implementation); and
D.   monitoring and rework (monitoring and review).
(5) The communication of the risk as referred to in paragraph (1) the letter d is performed to filter the information and opinions transparently from the relevant parties during the risk analysis process, by communicating the identification of the hazards, The risk assessment and risk management proposed to the applicant, decision-taker, and the relevant parties in the country of destination and country of origin.
(6) Analysis of the risk of importation of fish and fishery products as referred to in verse (1) is conducted based on scientific study, and if necessary can be conducted field review and/or laboratory testing in the home country.
(7) The further provisions of the execution of the risk analysis of importation of fish and fishery products as referred to in paragraph (1) are defined by the Decision of the Director General.

Section 8
(1) Risk Analysis Team Importation of Fish and Fisheries Products every 6 (six) months delivering a report of progress on the implementation of risk analysis of fish importation and fishery products against any object of risk analysis of fish importation and fishery products To the Director General.
(2) The Director General in the most five (five) business days since receiving the report as referred to in paragraph (1), conveyance the advance notice of the conduct of the risk analysis of the importation of fish and fishery products to the applicant.

Section 9
(1) The Risk Analysis Team Importation of Fish and Fisheries Products in the most prolonged period of 12 (twelve) months since the complete application, conveyance the results of the risk analysis of fish importation and fishery products to the Director General.
(2) The results of the risk analysis of importation of fish and fishery products as referred to in paragraph (1) are poured in the risk analysis document of fish importation and fishery products according to the objects analyzed.
(3) The risk analysis document of the importation of fish and fishery products as referred to in paragraph (2) among others contains:
a.   Danger identification, risk assessment, and risk management; and
B.   The conclusion of the risk analysis of fish importation and fishery products:
1) prohibition of income;
2) delay of income;
3) approval of admission with requirements; or
4) The approval of the income.
(4) The Director General in the most prolonged period of 3 (three) days since receiving documents results analysis of the risk of importation of fish and fishery products, published a Letter of Risk Analysis of Fish Importation and Fisheries Products stating:
a.   restriction of income;
B.   delay of income;
c. approval of admission with the requirements; or
D.   Income approval.
(5) The letter referred to in paragraph (4) is equipped with a summary of the results of the analysis and is made using the form as such in the Attachment that is an inseparable part of this Minister's Regulation.

Section 10
The terms of the Agreement for which the Program may be used in the Program may not be used for the Program to be used in the Program. used as one of the terms of getting the Installation Permit is at the most prolonged 1 (one) month since the date is issued.

BAB IV
THE FINANCING

Section 11
The costs incurred in the implementation of the risk analysis of fish importation and fishery products are charged in the State Ministry of Marine Revenue and Shopping Budget and Fisheries.

BAB V
LAIN PROVISIONS

Section 12
Products related to fish and fishery products that have potential for entry and the spread of harmful fish and fish diseases, endangering the sustainability of fish resources and the environment, human health, and the survival of compulsory fishery. conducted risk analysis of fish importation and fishery products as arranged in this Minister ' s Regulation.

BAB VI
CLOSING

Section 13
The Minister ' s rules are valid after 3 (three) months since 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 July 21, 2011
MINISTER OF MARINE AND FISHERIES
REPUBLIC OF INDONESIA,

MUHAMMAD ' S FADEL

Promulgated in Jakarta
on July 21, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIST AKBAR