Regulation Of The Minister Of Marine And Fisheries No. 17/candy-Kp/2014 2014

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor 17/PERMEN-KP/2014 Tahun 2014

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fb729b608026313233323232.html

BN 530-2014. doc REPUBLIC INDONESIA No. 528, 2014 KEMEN KP. Surveillance Of Fisheries. Task. The implementation of the REGULATION of the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA number 17/candy-KP/2014 REGARDING the IMPLEMENTATION of FISHERIES SUPERVISOR with the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 66B paragraph (2) of the Act – the number 45 in 2009 about the change in the Law Number 31 of 2004 regarding Fisheries, the need to set a regulation of the Minister of marine and fisheries on the implementation of the duty Supervisor Fisheries; Remember: 1. 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); 2. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as it has been modified several times, the last www.djpp.kemenkumham.go.id 2014, no. 528 2 Presidential regulation Number 55 by 2013 (Gazette of the Republic of Indonesia Number 125 by 2013); 3. Presidential regulation Number 24 of 2010 about the position, duties, and functions, the Ministry of State and the Organization, duties, and functions of the Echelon I Ministries, as last amended by regulation of the President Number 56 2013 (Gazette of the Republic of Indonesia by 2013 the number 126); 4. Presidential Decree Number 83/P in 2009, as amended by Presidential Decree No. 8/P by 2014; 5. 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 IMPLEMENTATION Of The DUTY SUPERVISOR Fisheries. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. the Superintendent of fisheries is a civil servant who has the task of supervising the orderly implementation of the provisions of the laws-invitation in the field of fisheries. 2. Supervision of Fishing is an activity that is intended to ensure the creation of an orderly implementation of the provisions of the legislation in the field of fisheries. 3. The fishing Effort Licence hereinafter abbreviated SIUP permission in writing is a must-have business to conduct fisheries company fishing with the use of the means of production that are listed in the permit. 4. the Fishing Licence hereinafter abbreviated SIPI is a must-have written permission every vessel fishing for doing the fishing that is part an integral part of SIUP. 5. Fish Carrier Licence hereinafter abbreviated SIKPI is written permission which should be owned by every vessel fishing for www.djpp.kemenkumham.go.id 2014, no. 528 3 performs the carriage of fish that is part an integral part of SIUP. 6. The Fishing Vessel Monitoring System hereinafter abbreviated SPKP is one form of surveillance system in the area of arrest and/or transporting fish, which use the equipment monitoring the fishing vessel that has been determined. 7. the Fishing Vessel is a ship's boat, and/or other floating tool used to make fishing activities, supporting the operation of fisheries, fish farms, fish processing, fish transportation, fisheries, training and research/exploratory fisheries. 8. Fishing port is a place made up of land and waters around it with a certain boundaries as the place of the activities of the Government and the activities of the fisheries business system used as a fishing boat leaned, anchored, and/or unloading fish were equipped with safety facilities supporting fishing activities and cruise. 9. the fishing Effort is an activity that is carried out with the fishing business system which includes preproduction, production, processing, and marketing. 10. Fish Processing is the set of activities and/or treatment of raw fish to become the end product for human consumption. 11. Fish processing units hereinafter abbreviated UPI is used to cultivate fish, either owned by an individual, group or business entity. 12. fish Farms are activities to maintain, raise and/or membiakan fish and harvest results in a controlled environment, including activities that use ships to transport live fish. 13. Business hatcheries are business activities in the field of fisheries in the form of fish breeding is done in a controlled environment, ranging from the maintenance of the aircraft carrier, spawning and/or hatching eggs, larval maintenance up to the size of a particular seed for commercial purposes. 14. Fish Feed is a single food or a mixture of well prepared or not given to fish for survival, producing, and breed. 15. Drug preparations are fish that can be used to prevent and/or treat fish diseases, freeing the symptoms of the disease, www.djpp.kemenkumham.go.id 2014, no. 528 4 or modify chemical processes in the body which include preparations, farmasetik, biologik premiks, probiotics and natural medicine. 16. the aquatic conservation area is a protected waters area, managed by a system of zoning, to realize the management of fish resources and the environment in a sustainable way. 17. The territory of the Republic of Indonesia Fisheries Management which further abbreviated WPP-NRI is the management of the fishery for the catching of fish, fish farms, conservation, research, and development of fisheries which include inland waterway, the waters of the territorial sea, Islands, additional zones, exclusive economic zones and Indonesia. 18. The Ministry is the Ministry of marine and fisheries. 19. the Minister is the Minister of the organizing Affairs of the Government in the field of fisheries. 20. The Director-General is the Director General who is responsible in the field of supervision of marine resources and fisheries. Article 2 scope this regulation of the Minister include: a. Supervisor of fisheries; b. procedures for implementation; c. follow-up to the results of supervision; d. reporting; and e. coaching. CHAPTER II FISHING SUPERVISORS article 3 (1) the supervision of fisheries conducted by the Supervisor of fisheries. (2) Fisheries Supervisor oversees the orderly implementation of the provisions of the legislation in the field of fisheries. (3) the supervisor of fisheries as referred to in paragraph (1) are appointed and dismissed by the Minister. (4) the Minister in the exercise of appointment and dismissal as referred to in paragraph (3) delegate to the Director-General. www.djpp.kemenkumham.go.id


2014, no. 528 of 5 article 4 (1) the requirements for appointment as Supervisor of fisheries as referred to in article 3 paragraph (3) include the following: a. the civil servants working in the field of fisheries with the rank of most low Balance level I, the Young space II/b; b. have been following education and training Supervisor of fisheries as evidenced by certificates; and c. a healthier physical and spiritual. (2) the civil servant referred to in subsection (1) letter a, can be derived from a civil servant at the Ministry of local government, provincial, or local government district/city. (3) education and training as referred to in paragraph (1) letter b, carried out based on a curriculum prepared by the Director General in conjunction with the head of the Agency's human resource development and Maritime Fisheries. Article 5 Termination Supervisor Fisheries referred to in article 3 paragraph (3), done in Fisheries Supervisor: a. has dialihtugaskan of control of fisheries; b. resigned as Superintendent of fisheries; c. not qualified in carrying out his duties; d. abuse of authority in carrying out the tasks and functions; e. has been established as the defendant; f. unable to remain; or g. dismissed as a civil servant. Article 6 Appointment and dismissal of Superintendent of fisheries that come from the regional Government of the province or district/city undertaken by the Director-General on the basis of a proposal from the Head Office of the province or district/city in charge in the field of fisheries. Article 7 (1) the supervisor of fisheries as referred to in article 3 paragraph (1) may be appointed supervisor of fisheries functional officials by the Minister or the designated official in accordance with the provisions of the legislation. 2014 www.djpp.kemenkumham.go.id, no. 528 6 (2) the appointment of a functional Supervisory officials of the Fisheries referred to in paragraph (1) was carried out in accordance laws-invitation. Article 8 (1) Fisheries Supervisor in the performance of duties must be equipped with a letter of assignment from a direct supervisor. (2) the supervisor of fisheries in performing the task must use: a. clothing service; and b. attribute. (3) provision of more about the clothing Department and the attribute referred to in subsection (2) subject to the decision of the Minister. CHAPTER III PROCEDURES for IMPLEMENTATION of article 9 Supervisory Fisheries as referred to in article 3 and carry out the task at: a. the WPP-NRI; b. fishing vessel; c. fishing port and/or other designated ports; d. tangkahan port; e. fisheries activities centers; f. area hatcheries; g. fish cultivation area; h. UPI; and/or i. aquatic conservation area. Article 10 (1) implementation of Supervisor of fisheries in the WPP-NRI as referred to in article 9 a, made against: a. catching fish; b. fish farms and hatcheries; c. transport and distribution of incoming outgoing fish; d. protection of the species of fish; e. the occurrence of pollution due to human action; 2014 www.djpp.kemenkumham.go.id, no. 528 7 f. utilization of germplasm; and g. fisheries research and development. (2) the execution of the duties of Supervisor of fisheries as referred to in subsection (1) is carried out by: a. patrol supervision; and b. monitoring the movement of boats fishing. (3) surveillance Patrols as referred to in paragraph (2) letter a, implemented to: a. prevent the occurrence of unlawful fishing activities, unreported, and unregulated and destructive activities of fish resources and the environment; b. checking the completeness and validity of the permit utilization of germplasm; c. check the level of pollution resulting from human action; d. check the completeness and validity of the fisheries research and development permits; and e. other actions held responsible according to the law. (4) monitoring of the movement of vessels fishing as referred to in paragraph (2) letter b, conducted to: a. knowing the position, movement, and the activity of fishing vessels; b. detecting operational fisheries vessel compliance; and c. the rescue (save and rescue) on fisheries that encounter problems at sea. (5) If there is a surveillance patrol vessels in the fishery who tried to escape and/or against and/or endanger the safety of the vessel fishing supervisor and/or the fishing crew, Superintendent of fisheries can perform special actions in accordance with the legislation. Article 11 (1) implementation of Supervisor of fisheries in fisheries vessel as referred to in article 9 letter b made against: a. fishing vessel; b. fish transport ship; c. ship the fish processing; d. fisheries training ship; 2014 www.djpp.kemenkumham.go.id, no. 528 8 e. exploratory fishery research/ship; and f. ship operation supporting fishing and/or the cultivation of fish. (2) the execution of the duties of Supervisor of fisheries as referred to in subsection (1) is carried out by: a. check the completeness and validity of the SIPI and/or SIKPI, letter be eligible operations, and a letter of Approval to sail; b. checking the completeness and validity of the fisheries research and development permits; c. inspect equipment and liveliness SPKP; d. inspect ship fisheries, fishing tools, and/or the fisheries; e. check the suitability of the composition of the servants of the fishing boat with a Crew List; f. check the presence of observers on board fishing or fish transport ship for the size and specific fishing tools; g. check the suitability of handling fish on board fishing; h. check the suitability of the fish with a fishing; i. check the suitability of the type and quantity of fish that are transported; j. check the suitability of the port of unloading/layover for ships to transport the fish with SIKPI; k. check the suitability of the port of unloading/layover and last check point for ships to transport the fish cultivation with SIKPI; b. checking conformity of regional fisheries with SIPI; and m. check application log book catching the fish. Article 12 (1) the execution of the duties of Supervisor of fisheries in fishing port, the port, the port designated more tangkahan, and Center for the activities of the fisheries referred to in article 9 of the letter c, letter d, and the letter e: a. the ship will undertake activities of fisheries; b. fishing ships when entering the fishing port, the port, the port designated more tangkahan, and fisheries activity centers; and www.djpp.kemenkumham.go.id


2014, no. 528 9 c. fisheries vessels that do the demolition and/or load the fish or fish cultivation. (2) the execution of the duties of Supervisor of fisheries as referred to in subsection (1) is carried out by: a. menerbitan SLO; b. Verify fish landings in order of publishing SHTI; c. check the distribution of imported fish; d. check the suitability of the amount and type of fish with a capture tool used; e. check the suitability of the port base with SIPI or SIKPI; and f. check the suitability of the number and types of live fish cultivation. Article 13 (1) the execution of the duties of Supervisor of fisheries in the area of hatcheries and fish farms area referred to in article 9 of the letter f and the letter g made against: a. location of seeding and/or the cultivation of fish; b. infrastructure seeding and/or the cultivation of fish; c. types of cultivated fish; and d. feed fish and fish medicine. (2) the execution of the duties of Supervisor of fisheries as referred to in subsection (1) is carried out by: a. check the completeness and validity of the documents in the field of fisheries cultivation efforts; b. check the suitability of the infrastructure used; c. check the suitability of the use of fish feed and fish medications listed in accordance with its classification; and d. check the suitability of cultivation of genetically engineered fish farms with the document. Article 14 (1) implementation of Supervisor of fisheries in the ICU as stipulated in article 9 of the letter h: www.djpp.kemenkumham.go.id 2014, no. 528 10 eligibility requirements a. UPI; b. raw material and the origin of the raw material processing of fish; c. fish imports; d. food additive; e. material helper and/or tools that are dangerous to human health and/or the environment; and f. the fish processing products. (2) the execution of the duties of Supervisor of fisheries as referred to in subsection (1) is carried out by: a. check the completeness and validity of business document processing in the field of fisheries fisheries results consisting of permit processing and Eligibility Certificate Processing (SKP); b. check the suitability and validity of the certificate of the application of the HACCP (Hazard Analysis and Critical Control Points); c. check the suitability of the products of processing fish with HC (Health Certificate); and d. inspect the conformity of the allocation and distribution of imported fish. Article 15 (1) implementation of conservation areas Supervisory fisheries in the waters referred to in article 9 of the letter i made against: a. utilization of conservation areas; and b. utilization of genetic types of fish and the fish. (2) the execution of the duties of supervisor of fisheries as referred to in paragraph (1) letter a is done towards tourism activities: a. natural waters; b. fisheries and fish farms; and c. research and education. (3) the execution of the duties of Supervisor of fisheries as referred to in paragraph (1) letter b made against activities: a. research and development; b. types of fish breeding and genetics of fish; c. trade in fish and fish genetic type; d. the aquaria fish and genetic types of fish; e. Exchange of genetic types of fish and fish; and f. the maintenance of genetic types of fish and fish for pleasure. 2014 www.djpp.kemenkumham.go.id, no. 528 11 (4) execution of the duties of Trustees Fisheries as referred to in paragraph (2) was conducted by: a. check the suitability of the plan of utilization of aquatic conservation area with the zone set; b. checking the completeness and validity of the permit in accordance with its utilization; and c. examining the suitability of facilities and infrastructure used for utilization. (5) the implementation of the Supervisory task of the Fisheries referred to in paragraph (3) is carried out by: a. check the completeness and validity of the consent of conformity utilization of genetic types of fish and fish; and b. checking conformity infrastructure used for the genetic types and utilization of fish. Article 16 further Provisions regarding Technical implementation supervision of fisheries in the WPP-NRI, boat fishing, fishing port, the port designated more and/or port and fisheries activities centers tangkahan, hatcheries, fish cultivation area, UPI, and aquatic conservation area, as stipulated in article 15 with article 10 to set by regulation the Director General. CHAPTER IV FOLLOW-UP SUPERVISORY RESULTS article 17 (1) if in the exercise of supervision of fisheries found or presumed existence ought to be criminal acts and the existence of evidence of the commencement of fishing, Fisheries Supervisor is obligated to follow through with handing over to investigators in the field of fisheries for further processing. (2) a submission referred to in subsection (1) includes the cession of the ship and/or people in the harbour place the matter for further processing. (3) If in the exercise of supervision of fisheries in the WPP-NRI there alleged pollution due to human action, fisheries supervisor reporting to: a. Investigator civil servant fisheries, pollution due to fisheries activities; and b. the investigators related institutions, to pollution resulting from activities other than fisheries. 2014 www.djpp.kemenkumham.go.id, no. 528 12 chapter V REPORTING Article 18 (1) the supervisor of Fisheries fisheries surveillance activities mandatory reporting and documentation of the results of the task execution to POST Coordinator/head of the Satker/Head Technical Implementing (UPT) supervision of Marine Resources and fisheries. (2) POST Coordinator/head of the Satker as referred to in paragraph (1) did a recap and analysis of the results of the implementation of surveillance activities and report to the head of the UPT. (3) the head of the Marine Resources Supervision UPT and fisheries as referred to in paragraph (1) and paragraph (2) do a recap, analysis and compilation of the results of the implementation of surveillance activities and report to the Director General. (4) the Director-General on the basis of the report referred to in subsection (3), if found infringement can be penalized administratively, convey recommendations to the officials of the giver for permission to give sanctions in accordance with the provisions of the legislation. CHAPTER VI the CONSTRUCTION of article 19 (1) of the construction was done by the Director General, the Governor, and the Regent/Mayor, which includes the construction of technical and construction administration. (2) technical Coaching against the Supervisor of fisheries carried out by the Director General. (3) the technical Coaching as referred to in paragraph (2) is performed through: a. improved technical skills of Trustees; b. socialization; and c. the supervision. (4) the construction of the Administration against the Supervisor of fisheries that come from local governments, conducted by: a. the Governor and/or the designated officer; b. the Regent/Mayor and/or designated officials. (5) the designated Officer as referred to in paragraph (4) as low as-low served as head of Department in charge in the field of fisheries. www.djpp.kemenkumham.go.id


2014, no. 528 of 13 CHAPTER VII CLOSING PROVISIONS article 20 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 April 14, 2014, MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on April 21, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id