Regulation Of The Minister Of Marine And Fisheries The Number 23/candy-Kp/2013 2013

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor 23/PERMEN-KP/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fc177f70a35c313233323233.html

BN 1072-2013. doc REPUBLIC INDONESIA No. 1072, 2013 the MINISTRY of MARINE fisheries. The Fishing Vessel. Registration. Repeal. REGULATION of the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA NUMBER 23/candy-KP/2013 ABOUT the REGISTRATION and MARKING of FISHING VESSELS with the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: a. that in order the implementation of the provisions of the registration and marking of fishing vessels referred to in Article 36 and article 37 Act No. 31 of 2004 regarding Fisheries, as amended by Act No. 45 of 2009 , the need to reorganize the regulation of the Minister of marine and fisheries the number PER 27/DOWNLOAD/2009 concerning the registration and marking of Fishing Vessels; b. the need to assign that to the regulation of the Minister of marine and fisheries on the registration and marking of Fishing Vessels; 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 No. 2013, www.djpp.kemenkumham.go.id 1072 2 Republic of Indonesia year 2009 Number 154, additional sheets of the Republic of Indonesia Number 5073); 2. 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 last amended by law No. 12 of 2008 (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 3. Act No. 17 of 2008 about the voyage (Gazette of the Republic of Indonesia Number 64 in 2008, an additional Sheet of the Republic of Indonesia Number 4849); 4. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries, as last amended by regulation of the President Number 91 in 2011 (State Gazette of the Republic of Indonesia Number 141 in 2011); 5. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries, as well as the arrangement of the Organization, duties, and functions of the Echelon I Ministries, as last amended by regulation of the President Number 38 by 2013 (the State Gazette of the Republic of Indonesia by 2013 the number 90); 6. Presidential Decree Number 83/P in 2009, as amended by Presidential Decree Number 60/P by 2013; 7. 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; 8. The marine and fishery Minister Regulation Number PER 12/DOWNLOAD/Capture Fisheries Effort about 2012 on the high seas (Republic Indonesia in 2012 Number 668); 9. Regulation of the Minister of marine and fisheries the number PER 12/DOWNLOAD/2007 on Licensing an attempt of cultivating fish; www.djpp.kemenkumham.go.id 2013, no. 1072 3 10. Regulation of the Minister of marine and fisheries the number PER 30/DOWNLOAD/Capture Fisheries Effort about 2012 in the area of management of Fisheries of the Republic of Indonesia (Indonesia Republic by 2013 the number 81); Notice: 1. the Food and Agriculture Organization Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on The High Seas, 1993; 2. Code of Conduct for Responsible Fisheries, the Food and Agriculture Organization of The United Nations, 1995; 3. the Convention for the Conservation and Management of Highly Migratory Fish Stock for Western and Central Pacific Fisheries Commission, 2000; 4. The International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU Fishing), FAO 2001; Decide: Define: REGULATION Of The MINISTER Of MARINE And FISHERIES On The REGISTRATION And MARKING Of FISHING VESSELS. The CHAPTER GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. registration Boat fishing is fishing vessel registration activities published in the book the fishing vessel. 2. Designation of the vessel fishing is an activity to mark or notation boat fishing. 3. The fishing Effort of fishing effort is Captured based on the activities of fishing and/or transhipment activities of fish. 4. The person is an individual person or company fishing. 5. The fishing Company is a company doing business in the field of fisheries is either a legal entity or is not a legal entity. 6. Fisheries Ship is a ship, boat, or other floating tool used to conduct a fishing, support www.djpp.kemenkumham.go.id


2013, no. 1072 4 fishing operations, fish farms, fish processing, fish transportation, fisheries, training and research/exploratory fisheries. 7. Fishing vessel is a vessel which is specifically used for catching fish include hold, store, cool and/or preserve. 8. Fish transport ship is a ship that is specifically used for transporting fish including loading, hold, store, refrigerate, and/or preserve. 9. The Fishing Vessel's book is a book that contains information which contains the identity of the owner of the fishing boat as well as the identity and change – a change that happened to the identity of the owner of the fishing vessel and identity. 10. Fishing Vessel Master's book is a book containing information on the fishing vessel that has been registered. 11. Business Permit Fisheries, hereinafter called SIUP, written consent is a must-have business to conduct fisheries company fishing with the use of the means of production that are listed in the permit. 12. Fishing Licences, hereinafter called SIPI, written consent is a must-have for conducting fisheries every ship fishing that is inseparable part of SIUP. 13. Fish Carrier Licences, hereinafter called SIKPI, written consent is a must-have for conducting fisheries every ship transporting fish. 14. The territory of the Republic of Indonesia Fishery Management, hereinafter called WPP-NRI, is the territorial waters which covered Indonesia's waters, rivers, lakes, reservoirs, marshes and other standing water in the territory of the Republic of Indonesia, and the exclusive economic zone of Indonesia (ZEEI). 15. The sea is part of the sea that are not included in the exclusive economic zone of Indonesia, Indonesia's territorial sea, the waters of the islands of Indonesia, and Indonesia inland waterway. 16. The Minister is the Minister of marine and fisheries. 17. the Director-General is the Director General of Capture Fisheries. Article 2 (1) any vessel flagged Indonesia fishery operated in the WPP-NRI or sea is obliged to be registered in advance of the fishing boat as Indonesia. (2) the Fishing Vessel referred to in subsection (1) include a fishing vessel, fish transport ship, and ship operations supporting fisheries. www.djpp.kemenkumham.go.id 2013, no. 1072 5 CHAPTER II FISHING VESSEL REGISTRATION AUTHORITY article 3 in order to ship registration activities, Fisheries Minister gave authority to: a. the Director-General to conduct a fishing vessel registration is flagged Indonesia operated in the WPP-NRI or the high seas that are above the 30 (thirty) gross tonnage (GT). b. the Governor to conduct a fishing vessel registration is flagged Indonesia operated in the WPP-NRI which measured over 10 (ten) GT up to 30 (thirty) GT, a company based in the area of administrative and operational management of fisheries in the region which became those powers. c. the Bupati/Walikota to register ships flagged Indonesia fishery operated in the WPP-NRI which measured up to 10 (ten) GT, a company based in the region of its administrative and operating on the waters of the province the district/city place is located. Article 4 the registration of fishing vessels by the Governor and Regent/Mayor as stipulated in article 3 letter b and c are based on the regulations of the Minister. CHAPTER III REQUIREMENTS and PROCEDURES for the REGISTRATION of FISHING VESSELS article 5 any person to register a ship flagged Indonesia fisheries referred to in article 2 paragraph (1), must apply to the Director General, accompanied by requirements: a. photocopy of SIUP; b. photocopy of proof of ownership of the vessel (grosse certificate) or a deed of mortgages and/or changes; c. recommendations of the Director-General of Aquaculture, fish transport ship for cultivation; d. photocopies of NRIC/boat owners in charge of the company; e. photocopies of letters measure ship; f. photocopying letters mark the nationality of the vessel; www.djpp.kemenkumham.go.id 2013, no. 1072 6 g. photocopy of certificate of health and pengawakan ships for fishing vessel safety certificate for photocopying or transports fish; h. overall ship side view photo size 5 x 10 cm 2 sheets (colored); i. certificate removal from list of ships issued by the country of origin for the fishing vessel is purchased or acquired from abroad and have already registered in the country of origin; and j. legal affidavit sufficient that States are responsible for the correctness of the data and information submitted. Article 6 (1) Upon application as referred to in article 5, the Director General do assessment of completeness of requirements most 2 (two) working days since the receipt of the complete application, which results in the form of approval or rejection. (2) if the application referred to in subsection (1) is declared complete and approved, not more than 5 (five) working days to do a physical inspection of the vessel fishery and fishing by fishing vessels of the physical examiner. (3) physical examination of the fishing vessels referred to in paragraph (2) should refer to the original deed or deed of grosse mortgages and physical examination tool fishing refers to fishing tool technical specifications. (4) in case the results of physical examinations aboard fishing and fishing tools have been appropriate, physical checking of fishery ship officer longest three (3) working days of issuing recommendations to the Director-General that the results of physical examinations aboard fishing and catching fish is in compliance. (5) in case the results of physical examinations aboard fishing and catching fish is not appropriate, physical checking of fishery ship officer longest three (3) working days of issuing recommendations to the Director-General that the results of physical examinations aboard fishing and catching fish is not appropriate. (6) the Director General of Fishery Ship published a book the longest 10 (ten) working days since the receipt of the recommendation referred to in subsection (4). (7) If an application referred to in subsection (1) is refused and the results of physical examinations aboard fishing and fishing as referred to in subsection (5) does not comply, the Director General delivered a denial to the applicant the longest 3 (three) working days accompanied by reasons and file the petition belonged to the Directorate General. www.djpp.kemenkumham.go.id


2013, no. 1072 7 article 7 (1) of the book ships of the fisheries referred to in article 6 paragraph (6) contains: a. the register number; b. the name of the ship; c. the name of the ship before (if any); d. place/year of construction of the ship; e. the main material of the ship; f. type/type of vessel; g. type of fishing tools; h. brand and type of main engines; i. main engine power; a. the main machine serial number; k. the number and capacity of the palkah fish; b. identification of the ship; Photo of the vessel m.; n. staple size (length, width, in); o. ship tonnage (gross tonnage and/or net tonnage); p. the identity of the fishing vessel owner; q. and the changes that occur in the book the ship fisheries. (2) the fishing Boat Book referred to in subsection (1) is made in paragraph 2 (two), the original given to the owner of the ship and a copy kept by the Directorate-General. (3) the fishing Boat Book referred to in subsection (1) applies for the ship was used as a fishing boat. (4) the form and the fishing boat book format as listed in the annex which is an integral part of part of the regulation of the Minister. Article 8 the fishing Boats that have been registered are numbered in order of registration and recorded in the books of the parent Vessel Fishing in accordance with those powers, namely: a. the Director-General, noted in the Book Carrier Ship Fisheries Center; b. the Governor, recorded in the books of the parent Vessel Fishery of the province; c. the Bupati/Walikota, chronicled in the book the Fishing Vessel's parent district/city. www.djpp.kemenkumham.go.id 2013, no. 1072 8 article 9 fishing boat Book published with the cover color: a. red, for the fishing Ship's book, published by the Director General; b. yellow, the Fishing Vessel to the book published by the Governor; c. Green, the Fishing Vessel to the book published by the bupati/walikota. CHAPTER IV the CHANGES and the REPLACEMENT of FISHING VESSELS is considered part of the BOOK Changes Book Ship Fisheries article 10 (1) of the Fishing Vessel conducted Book Changes when there are changes, which include: a. changes in the identity of the owner of the ship; b. change the identity of the fishing vessel; and/or c. changes ownership. (2) changes in the identity of the owner of the ship referred to in subsection (1) letter a include: a. the name of the (company); b. address (company/owner); and/or c. name of person in charge of the company. (3) changes in the identity of the fishing vessel sebagimana referred to in paragraph (1) letter b include: a. the name of the ship; b. type/type of vessel; c. types of fishing tools; d. the main engine; e. the number and capacity of the palkah; f. identification of the ship; and/or g. ship tonnage (gross tonnage and/or net tonnage). Article 11 (1) every person to make changes to the Fishing Vessel's books apply to the Director General by attaching requirements: www.djpp.kemenkumham.go.id 2013, no. 1072 9 a. Fisheries Ship Books to be modified; b. types of changes referred to in article 10, and must be completed supporting documentation changes published by the relevant authorities; and c. an affidavit sufficient legal over the truth of the data and information submitted. (2) Upon application as referred to in paragraph (1), the Director General of conducting assessment of the completeness of the longest requirements in 2 (two) working days since the receipt of the complete application, which results in the form of approval or rejection. (3) If an application as referred to in paragraph (2) was adopted, to change the identity of the fishing vessel as referred to in article 10 paragraph (3), not more than 5 (five) working days performed physical examinations aboard fishing and catching fish by fishing ship physical examiner clerk. (4) examination of the physical vessel of fisheries and fisheries as referred to in paragraph (3) should refer to the supporting documents the changes referred to in paragraph (1) letter b issued by the authorized agency. (5) in case the results of physical examinations aboard fishing and fishing tools has been appropriate, physical checking of fishery ship officer longest three (3) working days of issuing recommendations to the Director-General that the results of physical examinations aboard fishing and catching fish is in compliance. (6) in case the results of physical examinations aboard fishing and catching fish is not appropriate, physical checking of fishery ship officer longest three (3) working days of issuing recommendations to the Director-General that the results of physical examinations aboard fishing and catching fish is not appropriate. (7) the Director General publish a description of the changes to the Book Ships Fishing more than 5 (five) working days since the receipt of the recommendation referred to in subsection (5). (8) Director General publishes a description of the changes to the Book Ships Fishing more than 5 (five) working days since the approved application referred to in subsection (2), to change the identity of the owner of the vessel as referred to in article 10 paragraph (2). www.djpp.kemenkumham.go.id 2013, no. 1072 10 article 12 (1) Fishing Vessel which has had a Fisheries Ship Book issued by the provinces and/or district/city and will do the transfer to the province and kabupaten/kota/or other mandatory registration to the provincial and/or district/city targeted by attaching the certificate from the place of registration/registration of fishing vessels before. (2) the transfer referred to in subsection (1) done without replacement Books Ship Fisheries and given signs in the form of a description of the changes and given the stamp. The second part of the fishing Boat Book Replacement Article 13 (1) the replacement of the Fishing Vessel conducted Book if the book is lost or damaged Fishing Boats. (2) every person who will do the replacement of the fishing Boat Book referred to in subsection (1) must apply to the Director General, attaching requirements: a. the original Fishing Boat of books in terms of the Fishing Vessel damaged Book or letter of assignment courts in terms of Fisheries Vessels lost Books; and b. quite a legal affidavit upon the truth of the data and information submitted. (3) the Director General of the Fishing Vessel replacement published a book in the form of duplicate the longest 3 (three) working days since the receipt of the complete application. Chapter V ELIMINATION of the PARENT VESSEL FISHING articles 14 (1) fishing vessel Books removed from the parent Ship Fishing Book when: a. switch the flag; b. do not operate any more as fisheries vessels; c. sank and was declared as a "shipwreck"; d. missing; or e. the ship ditutuh (scrapping). www.djpp.kemenkumham.go.id


2013, no. 1072 11 (2) the removal of Books from the book Fishing Vessels Holding Fishing Vessel referred to in subsection (1) is done on the basis of a report from the ship's owner/person in charge of the company by submitting Book Boat fishing. Article 15 of the fishing vessel's book can be removed from the Parent Ship fisheries, if not extend the SIPI/SIKPI during 2 (two) years continously takes part, in the absence of a report from the ship's owner/person in charge of the company and the fishing Boat Book stated does not apply. Article 16 a fisheries ship Books have been removed from the Parent Ship Fisheries as referred to in article 14 paragraph (1) letter a, b, and article 15 may be registered again in the parent Vessel fisheries. CHAPTER VI LABELLING article 17 FISHING BOAT (1) Fishing Vessels which have been equipped with fishing and Ship Books SIPI/SIKPI given identifier ships fishing. (2) identification of fishing vessels referred to in paragraph (1), include: a. fishing vessel, consists of: 1) mark trevally; 2) regional fisheries sign; 3) mark the line catching fish; 4) sign fishing tools; and 5) of the Code authorizes the Publisher of SIPI. b. fish transport ship consists of: 1) fish transport ship operated singly, include: a) of the Code authorizes the Publisher SIKPI; b) function of the ship; and c) number registered in the books of the parent Vessel fisheries. 2) fish transport ship which operated in units of the fleet, comprising: www.djpp.kemenkumham.go.id 2013, no. 1072 12 a) Code authorizes the Publisher SIKPI; b) units of the fleet-the ships function; c) sign tools catching fish; and d) number in the register book of the parent Vessel fisheries. c. supporting the operation of Fishing Vessels, includes: 1) of the Code authorizes the Publisher SIKPI; 2) unit of fleet ship functions; 3) sign fishing tools; and 4) number registered in the parent Book Boat fishing. (3) the marking trevally as mentioned on paragraph (2) letter a number 1) in accordance with the sign of trevally, published by the relevant authorities. (4) the marking of regional fisheries as referred to in paragraph (2) letter a number 2) established based on WPP-NRI. (5) the marking line fishing as referred to in paragraph (2) letter a number 3) differentiated into: a. line fishing I, consisting of: 1) Line fishing IT, covers the coastal waters up to 2 (two) nautical miles measured from sea level at the lowest low tide; 2 IB fishing Line), including the coastal waters outside of the 2 (two) miles of the sea up to 4 (four) miles to the sea. b. line fishing II include waters outside the fishing lines I up to 12 (twelve) nautical miles measured from sea level at the lowest low tide; and c. the line catching the fish and the waters of ZEEI include III outside of line fishing II; (6) the granting of the sign tools fishing as referred to in paragraph (2) letter a number 4) is assigned on the basis of the type of fishing kodefikasi and abbreviations tools catching fish. Article 18 (1) identification of fishing vessels referred to in article 17 paragraph (1) is made to the provisions: a. written with a black base color paints with the lowest length 150 (one hundred fifty) centimeters and a width of least 40 (forty) centimeters; and www.djpp.kemenkumham.go.id 2013, no. 1072 13 b. notation of writing capital letters/numbers with white color with a height of letters/numbers lowest 25 (twenty five) centimeters if less than twenty characters, and least 20 (twenty) centimeters if more than twenty characters. (2) identification of fishing vessels referred to in subsection (1) is mounted on the middle section of the hull side left and right or on a building on left and right side. (3) the manufacture and installation of the fishing vessel identification referred to in subsection (1) is done by the owner of the vessel at the latest before the vessel conducting fishing and/or transporting fish. Article 19 further Provisions regarding the procedures for marking of fishing vessels referred to in article 17 and article 18 established by decision of the Director General. Article 20 the ship fisheries Indonesia operating in the territory of the Regional Fisheries Management Organizations in addition to the fishing vessel identification is given, be given special markings also complies with the requirements set out by Regional Fisheries Management Organizations. CHAPTER VII REPEAL clause 21 FISHING BOATS BOOKS (1) Fishing Boat Book was revoked by the Director General when: a. the use of false documents; and b. make changes as referred to in article 10 without the approval of the Director General. (2) the Fishing Vessels that had been stripped of its fishery Ship Books cannot be registered again as a fisheries ship Indonesia. CHAPTER VIII COACHING and REPORTING section 22 (1) Coaching against activity registration and marking of fishing vessels carried out by the Director General. (2) the construction referred to in subsection (1), carried out through activities: www.djpp.kemenkumham.go.id 2013, no. 1072 14 a. socialization; and/or b. implementing the registration and marking of fishing boats in the province and kabupaten/kota. Article 11 the Director-General, Governor, bupati/walikota and accordingly its realization must report to the Minister of fisheries vessel registration per 1 (one) year. CHAPTER IX miscellaneous PROVISIONS Article 24 fisheries ship book blanko Printing was carried out by the Director General, Governor, bupati/walikota in accordance with those powers. Article 25 Ships flagged Indonesia fishery operated in the jurisdiction of another country is obliged to be registered in advance of the fishing boat as Indonesia. CHAPTER X PROVISIONS of TRANSITIONAL Article 26 (1) fishing vessel Registration on fisheries that has possess SIPI/SIKPI implemented at the latest before the extension of the SIPI/SIKPI. (2) every person who operates a vessel flagged Indonesia fishery in the WPP-NRI or the high seas that has possess SIPI/SIKPI must apply the fishing vessel registration to the Director General, attaching a photocopy of SIUP: a.; b. photocopy of SIPI or SIKPI; c. photocopy proof of ownership of the vessel (grosse certificate) or a deed of mortgages; d. photocopies of NRIC/boat owners in charge of the company; e. photocopies of letters measure ship; f. photocopies of certificate of health and pengawakan ships for fishing vessel safety certificate for photocopying or transports fish; g. the ship intact side view photo size 5 x 10 2 sheet (colored); www.djpp.kemenkumham.go.id


2013, no. 1072 15 h. certificate removal from the list of ships issued by the country of origin for the fishing vessel is purchased or acquired from abroad and have already registered in the country of origin; i. legal statement simply that States are responsible for the correctness of the data and information submitted. (3) the provisions concerning the procedures for the registration of fishing vessels referred to in article 6 applies mutatis mutandis in against the fishing vessel Registration Ordinance that has had the SIPI or SIKPI. CHAPTER XIV PROVISIONS COVER article 27 at the moment these ministerial regulation came into force, all the rules which is the implementation of the regulation of the Minister of marine and fisheries the number PER 27/DOWNLOAD/2009 concerning the registration and marking of Fishing Vessels, was still in force along does not conflict with the provisions of this regulation of the Minister. Article 28 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of marine and fisheries the number PER 27/DOWNLOAD/2009 concerning the registration and marking of Fishing Vessels, revoked and declared inapplicable. 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 28 August 201317 the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on September 2, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id