Applicable Local Number 8 In 2011

Original Language Title: Peraturan Daerah Nomor 8 Tahun 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bda868a370ba45313634353235.html

REGENCY of BULUNGAN AREA RULE number 8 year 2011 ABOUT FISHING TRAWLER HELA in the BULUNGAN REGENCY TERRITORIAL WATERS with the GRACE of GOD ALMIGHTY, the REGENT of BULUNGAN, Considering: a. that the resource utilization in order to fish sustainably, improving the welfare of fishermen and strengthen the presence of fishing communities, fish capture tool required the use of which corresponds to the geographical condition of Bulungan Regency territorial waters; b. that fishing Trawler Hela is catching fish that suit the characteristics of the nature or geographical conditions in the Bulungan Regency territorial waters; c. that based on considerations as referred to in letter a and letter b need to establish local regulations regarding the use of Fishing Trawler Hela in Bulungan Regency Area; Remember: 1. Act No. 27 of 1959 concerning the determination of the Emergency Law number 3 of 1953 about the formation of the regencies in Kalimantan (Indonesia Republic Gazette 1953 number 9, an additional Sheet of the Republic of Indonesia Number 1820) as legislation (Gazette of the Republic of Indonesia Number 72 in 1959); 2. Act No. 5 of 1983 Economic Zone Ekskusif Indonesia (Gazette Republic of Indonesia Number 44 in 1983, an additional Sheet of the Republic of Indonesia Number 3266); 3. Act No. 6 of 1996 about the waters of Indonesia (the State Gazette of the Republic of Indonesia Number 73 in 1996, an additional Sheet of the Republic of Indonesia Number 3647); 4. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 5. 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 http://www.bphn.go.id/), as amended by Act No. 45 of 2009 about changes in the Law Number 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia year 2009 Number 154, additional sheets of the Republic of Indonesia Number 5073); 6. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as it has several times changed with Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 7. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 8. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, the provincial government and the City District Government (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 9. Regulation of the Minister of marine and fisheries the number PER 16/DOWNLOAD/2006 about fishing port; 10. Regulation of the Minister of marine and fisheries the number PER. 05/DOWNLOAD/2008 about the Capture Fisheries Businesses; 11. Regulation of the Minister of marine and fisheries the number PER. 06/DOWNLOAD/2008 about Pengakapan Fish Trawler Hela in East Kalimantan waters of the northern section as amended by regulation of the Minister of marine and Fisheries the number PER 14/DOWNLOAD/2008 about changing up PER. 06/DOWNLOAD/2008 about Fishing Trawler Hela in the waters of the northern part of East Kalimantan; 12. Applicable local Area level I of East Kalimantan number 04 of 1997 about resource management fish in the territory of the province of East Kalimantan Area level I; 13. East Kalimantan Governor Regulation Number 47 in 2009 about the arrest of the Trawler Hela in the waters of the Northern Section of East Kalimantan; 2 http://www.bphn.go.id/14. Regulation No. 4 of Bulungan Regency Area in 2003 about the fishing Business Licensing (Regional Gazette a 2003 Bulungan Regency E Series No. 2); 15. Regulation No. 1 of Bulungan Regency Area in 2004 about Investigator civil servant (Gazette No. 1 Bulungan Regency Area in 2004 E Series No. 1); 16. Local regulations in the Bulungan Regency number 1 in 2008 about the publication of regional and regional news Sheets (the sheets 2008 Bulungan Regency Area No. 1); 17. Applicable local Regency of Bulungan number 2 in 2008 about Government Affairs who became the authority of County Government in the Bulungan (District of Bulungan Gazette year 2008 number 2); With the approval of the REGIONAL HOUSE of REPRESENTATIVES Shared the REGENCY of BULUNGAN and REGENT BULUNGAN DECIDED: setting: LOCAL REGULATIONS ABOUT the USE of TRAWL FISHING in the TERRITORIAL WATERS of HELA BULUNGAN REGENCY. CHAPTER I GENERAL PROVISIONS article 1 in regulation of this area, which is: 1. The area is a Regency of Bulungan. 2. Local governance is conducting the Affairs of Government by local governments and the regional House of representatives according to the principle of autonomy and pembantuan with the principle of the autonomy of the widest breadth of in-system and the principle of the unitary State of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945. 3. Local Governments are the Regent and the region as organizer of local governance. 4. the Minister is the Minister responsible in the field of marine and fisheries. 5. The Director-General is the Director General of the Ministry of Marine Capture Fisheries and fisheries. 6. The Governor is the Governor of East Kalimantan. 3 http://www.bphn.go.id/7. The House of representatives in the next PARLIAMENT is abbreviated Regional Institution in the Bulungan Regency Regional Representatives as organizer of local governance. 8. The Regent was Regent of Bulungan. 9. The marine and Fisheries Agency is the Fisheries Agency and the Maritime District of Bulungan. 10. Catching fish is an activity to obtain fish diperairan that are not in a State of cultivated with or in any way, including activities that use the ship to load, lift, store, it cools right, handle, process, and/or mengawetkannya. 11. Trawl hela is a type of fishing net-shaped tool marsupials, incorporated, and which features a winged opener NET operated by pulling or dihela using one of the moving ship. 12. Ship trawler fishing vessel is hela who use fishing trawler hela. 13. The waters of Bulungan Regency is the waters stretching from the Reef waters Tigau Village Sub-district Mangkupadi Yellow Soil up to the waters of the outermost islands of the outer limits as far as Bunyu with 4 miles of coastline. 14. The passive capture tool capture tool is a passive meaning waiting for entry into her catch, caught in the trap itself. 15. The River is a place and a container as well as a network of drainage ranging from spring to estuary with limited left and right as well as along the boundary line by pengalirannya. 16. Tributary is the river else flows into the river main. 17. the coral reef Area is an area of sea waters contained a collection of coral reef ecosystems and/or constructed primarily by lime-producing marine life along with the biota that lived on the sea floor biota and other other free living in the surrounding waters. CHAPTER II IMPLEMENTATION of article 2 of the fishing Activities in the waters of Bulungan Regency can be done using the vessel hela-sized trawl up to 5 (five) Gross Tonnage (GT). Article 3 (1) the area of operation of the vessel trawl hela consists of: a. the line I, covering the waters above one (1) mile up to 4 (four) miles measured from the surface of the water at the lowest low tide; 4 http://www.bphn.go.id/


b. line II, covering the waters above the 4 (four) miles to 12 (twelve) miles measured from the surface of the water at the lowest low tide. (2) the line I mentioned in paragraph (1) letter a is only allowed for the operation of the vessel trawl hela with the size of up to 5 Gross Tonnage (GT). (3) every ship trawler operations in regions that hela line I can operate on track II and/or above the 12 (twelve) miles. Article 4 (1) fishing Activities referred to in article 2 can only be done by a person or legal entity Indonesia. (2) every person or legal entity which performs Indonesia fishing as referred to in paragraph (1) to ship trawler hela, measuring up to 5 (five) Gross Tonnage (GT). required to have a written List of the Governors of the sign. (3) the allocation of the number of boats trawl the hela can be authorized by Regent labelled list in accordance with the applicable legislation. Article 5 (1) every ship trawler hela mandatory landed her catch the fish in the port base. (2) the base Port as referred to in subsection (1) include the following: a. Bunyu Island fish landing base; and b. the port specified in the alerts list. Article 6 technical specifications trawl hela to ship, measuring up to 5 GT as listed in Annex I which is the part that is inseparable from the Rule of this area. Article 7 each ship rigger who trawl vessels measuring up to 5 Gross Tonnage (GT) is obligated to submit a report to the fisheries activities of the officers of the Marine and Fisheries Agency Bulungan Regency every trif arrests. Article 8 (1) every ship trawler hela operating in Bulungan Regency waters that have been given a list of the required labelling. (2) the marking of the vessel trawl hela as referred to in paragraph (1), performed with provisions: a. Materials made of iron or steel plate with a length, width and thickness is 50 (fifty) .10 cm (ten) cm, and 0.1 (one tenth) cm; 5 http://www.bphn.go.id/b. the size of the letters and numbers are 8 (eight) cm and width of four (4) cm; c. written in bold letters and numbers; d. Painted white base color with black letters; e. ship's Sign is mounted on the side of the ships hull or building upon or above the transverse deck ship; and f. a ship mounted Sign is a sign made by the marine and Fisheries Agency. (3) the Format of the tagging boat Trawler hela as referred to in paragraph (1) and paragraph (2) as listed in annex II which is the part that is inseparable from the Rule of this area. Article 9 the sign of the list published by the Regent each month reported to the Governor and Minister of marine and fisheries. Article 10 further Provisions regarding the procedures for marking the publication of the list of licensing boats trawl the hela set by regulation Regent guided business license issuance procedures fishery catch established by the Minister. CHAPTER III article 11 PROHIBITION of any vessel trawl hela operating in the Bulungan Regency Waters is prohibited: a. operates in the area of coral reefs; b. operating in the area of arrest contained the passive capture tool or environment-friendly, including in a stream or river; and c. perform the capture of turtles. CHAPTER IV PROVISION of INVESTIGATION, article 12 (1) of the particular civil servant Officials in the local government environment was authorized as a Special Investigator to conduct the investigation of criminal acts in the field of fisheries, as stipulated in the legislation of the law of criminal procedure. (2) the investigator as referred to in subsection (1) is the particular civil servant Officials in the environment of local government appointed by the competent authority in accordance with the provisions of the legislation. (3) the investigating Authority referred to in subsection (1) is: a. http://www.bphn.go.id/6 receiving, searching, collecting, and researching information or reports with regard to criminal acts in the field of fisheries, so that the description or report becomes more complete and clear; b. Examine, search, and collects personal information about the person or entity about the truth of the acts committed in connection with a criminal offence in the field of fisheries; c. Requesting information and evidence from a private person or entity with respect to any criminal action in the field of fisheries; d. examine the books, records, and other documents with regard to criminal acts in the field of fisheries; e. Conducting the search to obtain evidence bookkeeping, record keeping, and other documents, as well as do foreclosures against evidence; f. enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field of fisheries; g. Sent stop and/or prohibit someone leave the room or place at the time the examination is in progress and check the identity of people, things, and/or documents taken; h. Photographing someone who deals with criminal acts in the field of fisheries; i. call the people to be heard and examined his statement as a suspect or a witness; j. stop the investigation; and/or k. other action necessary for the smooth running of the crime investigation in the field of fisheries, in accordance with the provisions of the legislation. (4) the investigator as referred to in paragraph (1) notify the commencement of investigation and convey the results of penyidikannya to the public prosecutor's Office Police officials through the Republic of Indonesia, in accordance with the provisions set forth in the law of criminal procedure. CHAPTER V of the CRIMINAL PROVISIONS of article 13 (1) every person or entity that violates Indonesia's legal provisions in article 2, article 3, article 4, article 5, article 6, article 7 and article 11, threatened criminal confinement of not longer than three (3) months or a maximum fine of Rp 50,000,000 (fifty million rupiah). (2) in addition to the criminal proceedings referred to in subsection (1), may also be subject to administrative sanctions and criminal sanctions in accordance with the provisions of other legislation in force. 7 http://www.bphn.go.id/(3) a criminal offence referred to in subsection (1) and paragraph (2), is a violation of. CHAPTER VI ADMINISTRATIVE SANCTIONS of article 14 (1) of the administrative Sanctions referred to in Article 13 paragraph (2), can be either a written warning, freezing, or revocation by the giver of the consent. (2) the imposition of administrative sanctions referred to in paragraph (1), performed with the stages of: a. a written Warning was given as many as three (3) times in a row, each within the grace period of 1 (one) month to every person or legal entity who commits violation of Indonesia; b. in the event that the written warning referred to in letter a are not followed, then the freezing is done against a permit for 1 (one) month; c. If the freezing referred to in subparagraph b does not also observed, further revocation is done against the permit. CHAPTER VII Article 15 SUPERVISION of local government in this regard and marine fisheries service to conduct surveillance against the operation of the vessel hela trawler-sized up to 5 Gross Tonnage (GT) in Bulungan Regency's waters in accordance with those powers. Article 16 the use of boat trawler in waters in the Bulungan Regency hela was evaluated every 3 (three) months by the Marine and Fisheries Agency, and the result is reported in writing to the Minister of marine and Fisheries Cq. Director General of Capture Fisheries and the Governor of East Kalimantan Cq. Maritime and Fisheries Office of East Kalimantan province. CHAPTER VIII PROVISIONS COVER article 17 things that have not been provided for in the regulation of this area is all about the technical implementation is governed more by Pareturan Regent with based on the provisions of the applicable legislation. Article 18 8 http://www.bphn.go.id/this Area Regulations come into force on the date of promulgation. So that everyone can know it, ordered the enactment of regulations in this Area with its placement in the Bulungan Regency Area of the sheet. Set on Tanjung Selor on January 4, 2011 DEAR BULUNGAN REGENT ARIFIN Enacted in Tanjung Selor on January 4, 2011 in the BULUNGAN REGENCY SECRETARY, S U D A J T I SHEET BULUNGAN REGENCY AREA in 2011 number 8. Appendix: REGULATION No. 8 of BULUNGAN REGENCY AREA in 2011 January 4, 2011 9 Pa nj an g K an to ng M ax 1 .50 M Pa nj an g T ot al M ax 15 M 0 0 HR, Max 8 meters HR Max 4 M fig. 1 Fig. 2 Max length of 1.20 Cm 1 2 3 L eb ar M a x 6 0 C m http://www.bphn.go.id/Description : Picture 1 1. The total length of Trawl HELA not more than 15 metres. 2. The length of the bag Trawl HELA no more than 1.50 meters. 3. The length of the Head Rope of not more than 8 meters 4. Ground Rope length is not more than 4 metres. 5. The size of the eyes (Mesh Size) Bag should not be less than 15 Cm. 6. Opening the mouth of jarring can use the perentang Board (otter boards) or cross the range. Description: Figure 2 1. No. 1, 2, 3 Board Ulin/wood bengkirai. 2. Bolt made from stenlis. 3. Klam/Penggepit is made of stenlis materials for tying a rope or chain. 4. Rope/Chain. 10 http://www.bphn.go.id/


TRAWLER SHIP RIGGER TAGGING example: Description: BL Bulungan Regency PH: code: Code Tools Fishing Trawl Line Code I: hela Arrest 001; 002 .... etc.: registration number of the vessel Hela Trawl Designation Provisions: a. Materials made of iron or steel plate with a length, width and thickness is 50 (fifty), 10 (ten), and o, 1 (one per ten) cm; b. the size of letters and numbers is the height of 8 (eight) cm and width of four (4) cm; c. written with letters and numbers arise; d. Painted white base color with black letters; and e. Sign ship hull mounted on the side of the ship or building upon or above the transverse deck of the ship. REGENT BULUNGAN, BUDIMAN ARIFIN Enacted in Tanjung Selor on January 4, 2011 in the BULUNGAN REGENCY SECRETARY, S U D A J T I SHEET BULUNGAN REGENCY AREA in 2011 number 8. 11 BL – PH – I – 001 http://www.bphn.go.id/no. N A M A POSITION 1st PARAF. Drs. Liet Ingai, Msi Vice Regent 2. H. Sudjati, SH Secretary 3. H. Rahmadi, SE, MM Plt. Assistant I 4. Indriyati Hj., SH, MSi's Head. Law 5. 12 http://www.bphn.go.id/