conservation of fishery resources …faolex.fao.org/docs/pdf/ins82057.pdfconservation of fishery...

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1A ... ... . 1:' ':'r:: ... ... .' '. :::::::::::::" .. ::::: " ,.,..: , : : :, : ;.:.: .. ::: .. ::.:. .' .. :: .' ": '.:' .::L:· CONSERVATION OF FISHERY RESOURCES (Government Regulation Number 60 'rear 2007 di:lled November 16, 2007) BYlHEGRACE OFGOD ALMIGtfTY lHE PRESIDENT OFREPUBIlC OF INDONESIA, Considering: Thatin order to execute the provision of Artide 13 of LawNumber 31 Year2004 rQg;In:ling it is noc- essary tostipulate a govemment regulation regarding eon- servation of Fishery Resources; In VieW of: 1. ArtICle 5 paragraph 2 of constItUtIOn Of1945; 2. Law Number 31 Year 2004 (BN _7Z58pages 6A- Z7A and.,.",) regarding Fishery (5ta!JJte Book of Republic of Indonesia Year 2004 Number l1S, Supple- mentto 5ta!JJte Book Number 4433); DECIDE5: To stipulate: 1HE GOVERNMENT REGULATION REGARDING CONSERVA- TION OF FISHERY RESOURCE. OlAPTERI GENERAL PROVI5ION Article 1 In this Regulation of the Government, what is meant by: Business News nOI/S-IS-200s 1. Conservation otflsherv resources is an effortto pro- tect. wnserve anduse fishery resources, induding their ecosystem, species, and genetic to guarantee theex- istence, availability, andoonbnu_n by stili preserv- ing and increasing the value of quality and variety of fish resources. 2. Ecosystem conservation isan effort to protect, con- serve, and use tile ecosystem function as a habbI: supporting of fishery resources in the present and In tt\@future. 3. Conservation of fish type Isan effort to protect, con- serve, and use the fish resource, to guarantee the ex- istence, availability, and continuation in fish type for the present and future generations. 4. COI\seIVaoon rX fish genetic Isaneffort to protI:et, ","- serve, and use the fish resource, to guarantee the ex- istence. availability, and continuation of fish genetic resources for the present and future generations. 6. Fish isall kindof organism entirely of partlyspending ill::. litP ryrlpo:; in pnvirnntllFlnt. 7. Ecosystem Isa substance planning of fish resources and its environment, asa totality and keep interfering inestablishing the balance, stability, and productMty of fish resources. 8. Water .....

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CONSERVATION OF FISHERY RESOURCES(Government Regulation Number 60 'rear 2007 di:lled November 16, 2007)

BYlHEGRACE OFGOD ALMIGtfTY

lHE PRESIDENT OFREPUBIlCOFINDONESIA,

Considering:

Thatinorder toexecute the provision ofArtide13

ofLawNumber31 Year2004 rQg;In:ling F~h45ry, it is noc­

essary tostipulate agovemment regulation regarding eon­servation of Fishery Resources;

In VieW of:

1. ArtICle 5 paragraph 2 of constItUtIOn Of1945;

2. LawNumber 31 Year 2004 (BN_7Z58pages6A­

Z7A and.,.",) regarding Fishery (5ta!JJte Book of

Republic ofIndonesia Year 2004 Number l1S, Supple­

mentto5ta!JJte Book Number 4433);

DECIDE5:

To stipulate:

1HE GOVERNMENT REGULATION REGARDING CONSERVA­

TION OFFISHERY RESOURCE.

OlAPTERI

GENERAL PROVI5ION

Article1

In this Regulation of the Government, what is

meant by:

Business News nOI/S-IS-200s

1. Conservation otflsherv resources is an effortto pro­

tect. wnserve anduse fishery resources, induding their

ecosystem, species, and genetic to guarantee theex­

istence, availability, andoonbnu_n by stilipreserv­

ing and increasing the value of quality and variety of

fish resources.

2. Ecosystem conservation isan effortto protect, con­

serve, and use tile ecosystem function as a habbI:

supporting of fishery resources in the present andIn

tt\@future.

3. Conservation of fish type Isan effortto protect, con-

serve, and use thefish resource, toguarantee theex­

istence, availability, and continuation in fish type for

thepresent and future generations.

4. COI\seIVaoon rX fish genetic IsanefforttoprotI:et, ","­

serve, and use thefish resource, toguarantee the ex­

istence. availability, and continuation of fish genetic

resources for the present and future generations.

6. Fish isall kindof organism entirely of partlyspending

ill::. litP ryrlpo:; in~tPr pnvirnntllFlnt.

7. Ecosystem Isa substance planning of fish resources

and itsenvironment, asa totality and keep interfering

inestablishing the balance, stability, and productMty

offish resources.

8. Water .....

8. Water Conservation Area is water area protected,

managed bya zoning system, to ensure thecontinua­

tion of the management of fishery resources and its

environment.

9. Wdter Natlonal Park is water conservauon area haVIng

original ecosystem, that isusedtorresearch purpose,

knowledge, education, activity supporting the fishery

in continuation, watertourism,andrecreation.

10. WaterWildlife reserve iswater conservation area with

certain spedf1c character for protectlen purpose urvarietyoffish typeand itsecosystem.

11. WaterTourism Park is water conservation areawith

the purposeto be used for the necessity of watertour

and recreation.

12. Ash Wildlife reserve Iscertainwarer area, either fresh

water, brackish water, or sea with centaln conditiOn

and character as the placefor a protection/breed of

certain fish resource,that is functioning as protectiOn

area.

13. BocIY IS a person or corporanon,

14. Corporation Isagroupof person and/or wealth that is

well organized eitheras legalcorporation or not legal

CClfJIOI'ation.15. Cenbal Government, hereinaftercalled thegovernment

isthe President of RepubliCof Inc10nesta; authoriZed to

administer theRepublic ofIndonesiaasteterred inthe

Constitution of 1945.

16. Regional Government is governor, regent/mayor, and

regional staffas regional executive.

17. Ministeris a minister in chargeof fisherry attalrs.

ArtiCle 2

(1) Conservation of tishelY resources is executed in ac­

cordance with the principleof:

Business News 7701/8-15-2008

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a. usage;

b. justice;

c. partnership;

d. distribution;

e. unity;

f. transparency;

g. eftidency;and

h. sustainable conservation.

(2) Conservation of fishery resources is executed in ac­

cordance with:

a. carefullyapproach;

b. consideration in science evidence;

c. balance In local wisdom;

d. community-based management;

e. development unity in coastal area;f. prevention of excessivecatching;

g. devebpmentofenvironmentalty friendly fishing tool,

method andconservation;

h. equilibriumof sodO economic condition of sodetfi

i. sustainable useof biOlogieal diversitY;

j, structural orotection lind natural function ofwater

ecosystem that isdynamic;

k. protectionof type andqualityof fish genetic; and

I. adaptatlve management.

Artide 3

Conservation of fishelY resources shall become

responslbflity ofthegovernment, regional governments and

society.

QWTTERII

CONSERVATION OFFISHERY RESOURCES

PartOne

Gcneml

Article4

Conservation offishelY resources iscovering:

.a. conservation . ! • ! •

a. conservation ofecosystem;

b. conservation offish species; and

c. eon_on offish genetic.

part TWo

Conservation ofEcosystem

Article 5

(1) Conservation ofecosystem isapplied alltypes ofeco­

system related with fishery resources.

(2) Types ofecosystem with fishery resources as referred

to Inparagraph 1consist of:

a. c;ea;

b. padang lamuni

c. coral reef;

d. mangrovei

e. estuary;

f. beach;

g. swampi

h. riveri

I. lake;

j. reservoir;

k. emtlung; and

I. ecosystem of artifidalwater.

Article 6

(I) Conservation of ecosystem asreferred to InArticle 5

paragraph (I) Isexecuted through thefollowing activi­

ties;

a. protection offish habitat and population;

b. rehabilitation of fishhabitatandpopulation:

c. research and development;

d. usage of fishery resources and enVironmental ser-

vice;

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e. development of social andeconomy of society;

f. supervising and controlling; and/or

g. monitoring andevaluation.

(2) Theecosystem conservation activities asreferred to

i:1porogmph (1) lire executed in ecccrdence wiUrdete

and information about fishery resources and environ­

mentoffishery resource.

(3) Further provision regarding theecosystem conserva­

tionactiVities asreferred toInparagraph (I) and para­

graph (2) is I"Cgulated by (J rcgukltion of the Minister.

A.rticle 7

(1) In order to restore thecondition of habitat of fishery

resources and reproduction circle of fish types, the

Minimr shall stipulate cerecfn waters opc.ncdond

closed forfishing activities.

(2) The opening andclosing as referred to In paragraph

(I) Isstipulated by considering:

a. damage level offish habitat;

b. season offish breed;and/or

c. level ofexceeding usage.

(3) Further provision regarding the opening and dosing of

certain waters as referred to in paragraph (I) and

paragraph (2) shall be regulated bya regulation oflhe

Minister.

ArticleS

(I) One type orsome types of ecosystem related withthe

fishery resources asreferred to inMide 5 paragraph

(2) shall be stipuleted es weter conservation area.

(2) Thewater conservation area as referred to in para­

graph (1) shall consist of national water park, water

tourism park, waterwildlife reserve; and fishery Wild­

life reserve.

(31The ......

(3) The water conservation areaas referred to in para­

graph (1) shall be stipulated by theMinister.

Artide9

(1) me water corservaeon park as rererea to InArtk:1e 6

paragraph (3) shall be stipulated acrorOting to thefol­

lowing criteria:

a. ecological, covering biological diversity, natural, ec0­

logical relations, representation, unique, produc­

tivity, ruayaarea, habitat of rarefish, area of fish

breeding and adoption area;

b. gy!Olil "nrt r1llhlli'tl, mvPrino <;;llf"lllOrted level ofso­

ciety, potential of conflict, tlTeal.comflict, local wis­

dom aswell ascustom; and

c. economic, covering the important value offishery,

recreation potential and tourism, esthetic, and easi-

ness to reach theorca.

(2) Further Provision regarding thestipulation of the crite­

ria asreferred to in paragraph (1) shall be regulated

bya regulation of Minister.

ArtICle 10

Thewater conservation area asreferred toinAr­

tide B, which has bio-phvsi\:aland socio-culural potentials

that is very important globally shall be p;oposed by the

government to theauthorized international institUtion as

world heritage area inaccordance with legislation.

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c. reservation ofwaterconservation water; and

d. stipulation.

(2) Thewaterconservation area already stipulated shall

have their administratiVe borders setforth bya cross

procedure committee.

(3) Further provision regarding theborder administration

"c: rPfprrPl'f tn inparagraph0) "hliill be regulated bya

regulation ofMinister.

Article 12.

(1) Persons, groups ofsociely, research institutes,·educa­

OOnallnstltUteS, govemmt~nllnstltUUon5, (2ud nun-yuv­

ernmental organizations shall have Initiative to pro­

pose candidates for the water conservation area as

referred to inArticle 11 paragraph-ell letter a.

(2) Theproposal as referred to in paragraph (1) shall be

to the Government or regional government bycom­

pleting pre-inspection and site map.

(3) further provlsjon regording the pre inspection and 10

cation mapas referred to in paragraph (2) shall be

regulated bya regulation of Minister.

Article 13

(1) Based onthe recommendation about thewatercon­

servation areacandidate asreferred to inArticle 12,

the Government orregional government according to

Articl~ 11

(1) The water conservation area asreferred to inArticle 8

paragraph (3)shall be stipulated by thefolJowing steps:

a. initiative suggestion;

b. identificatiOn and inventorying;

Business News 7701/B-15-2008

their respective scopes of authority shall identify and

inventory the water conservation area candidate by

involving society.

(2) The identification and inventorying shall cover survey

and evaluation of potential, socialization, public con­

sultation, and coordination with related institutions.

(3) Further ......

SA

(3) Further provision regarding the identification andin- (2) Management of the water conservation area as re-

ventorying asreferred to in paragraph (1) andpara- ferred to in paragraph (1) shall be done by unit of

grapn (ol) shall be regUlated rJ{a gOV'emment regula- organization according to legislation.

lion.

Article 16

Article 14

(1) Results of ldentfflcatlon and inVentorying ofthewater

conservation areacandidate as rererred to mArtiCle

13, which are potential and have conservation value

shall be used forreserving waterconservation area.

(2) Reservation ofwater conservation area as rEkned at

paragraph (1) shall be i stipula\l!d by theMinister, r¥N-

emor, or-regent/mayorthat is accordtng to ItSauthor-

it¥.(3) Governor or regent/mayor shall recommend the wa­

terconservatiOn area according to thestipula\l!d res­

ervation as referred to in paragraph (2) to the Minis­

ter.

(4) Based on the recommendatiOn aboutwater conserva-­

tion areaasreferred to inparagraph (3), the Minister

orappointed officershall undertake evaluation.

(5) Based on resultof the evaluation resuitas referred to

in paragraph (4), the Minister shall stipulate water

conservation area.

(6) Further provision regarding the reservation of water

ronservatlon area asreferred In in paragraph (1) until

paragraph (5)shall be regula\l!d bya regulation of the

Minister.

Article 15

(1) Thestipulated waterconservation area asreferred to

in Artide 14 paragraph (5) shall be managed by the

Governmentor regional_ment Inao:ordanre with

theirrespective scopesof authority.

Business News 7701/8-15-2008

(1) The waterconservation area managed by theGovern­

mentas referred to in Article 15 paragraph (1) shall

cover:

a. sea waterout5ide 12 (twelve) nautical miles, cal­

culated from the coastline to seashore and/or to

ard1petago water;

b. water in inter-pmvincial jurisdiction; or

c. water havtng certain characteristic.

(2) Thewaterronservation area managed by theprovin­

dalgovernment shall cover:

a. sea water not morethan12 (twelve) nautical miles

fTOmttle: coastnnetoseashore and/ur cm:tII~

water; and

b. waterconservation areaininter-regentaVmunid-

pal jurisdiction.

(3) The waterconservetlon area managed by regentaV

municipal government shall cover.

8. sea water as wide as onethird of jurisdiction of

provIndal guvt:mmenl:; and

b. brackish waterand/or fresh water in its jurisdic­

tion.

Article 17

(1) Management of the water conservation area as re­

ferred In in Article 15 paragraph (1) shall be done in

accordance with the meneqement plen of water COn

servation area.

(2) The •.

(2) Themanagement planof water conservation planas

referred to in paragraph (1) shall be formulated by

unit of organization.

(3) Each management plan of water conservation area

snail menton me zoningorwater conservation area.

(4) Thezoning of water conservation areaasreferred to

paragraph 3 shall consist of:

a. The mainzone;

b. zone of continuation fishery;

c. zone of usage; and

d. otherzone.

(5) FlIrthp.r provision I'f>g::'lrrling managAmpnt f'l1::ln and

zoning of water conservation area as. referred to in

paragraph (1) until paragraph (4) shallbe regUlated

by aregulation of the Minister.

ArtiCle 18

(1) Governmentor regional government acrordingtotheir

respective scopes of authority Inmanaging thewater

conservation area as referred to in Article 15 para­

graph (1) shall involve the society through the part­

nershipbetween the Unitof management board WIt!1

group of societyand/or traditional soaet.Y, non-gov­

emmental organization, rorporation, research institute,

orcollege.

{2} Further provision regarding thepar!Jler.jhlp asreferred

to in paragraph (1) shallbegoverned bY a regulation

of theMinister.

Article19

(1) In managing thewaterconservation area,networkof

waterconservation areashallbe established in local,

national, regional or globallevel.

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(2) The network of water conservation area as referred

to in paragraph (1) shall be established inaccordance

biophysical relations between water conservation ar­

easfurnished bysdentific evidences, covering ocean­

ography, limnOlogy, nsheryilio ecology, andenviron­

mentimmunity.

(3) The Network of water conservation area in local or

nationallevelas referred to in paragraph (1) shall be

executed throughcooperation between unit of board

organization.

(4) Networkof waterconserval:lon area in regional or g\o­

MII~I as "",ferred to in paragraph (1) shall be dona

throughcooperation betweenthe states.

(5) Further provision regarding the networkofwatercon­

servation area as referredat paragraph 1 until para­

graph4 shall begoverned byaregulation of l:he Mlnls-

tcr.

Article 20

The funding of management of water conserva­

tIon area shall come fron1 the followingsources:

a. National Buaget and/or RegIOnal BtKIgetj

b. Fishery levy;

c. Conservation service levy; and

d. Othernon-binding legitimatesources.

PartThree

Conservation OnFIsh Type

Artide21

Conservation of fish species shall aimat:

a. Protecting fish species inthe brinkof extinction;

b. Preserving equilibrium and steadiness in ecosystem;

and

Business News n01l8-15-2008 c, Using .. '! ..

c. Using fishery resources Ina sustainable manner.

Article 22

COnservation on fish species is executed through:

a. grouping fish typej

b. stipulating theprotection status offish type;

c. preserving;

d. breeding; and

e. research and development.

Article 23

(1) The grouping of fi3h 3pcclcs C1:J referred to inArticle

22 letter a consists of:

a. Protected fishspecies;

b. unprotectedfishspecies.

(2) Criteria for the protected fishspecies asreferred to in

pereqreph (1) letter 1I ShDII cover:

a. Inthebrink of extinctionj

b. rare;

c. limited distributed area (endemic);

d. drastic decrease inthequantity of fish population

In lin:: IldlUl~i dlltljUI

e. low reproduction ability.

Article 24

(1) Theprotection status offishspecies asreferred to in

Artlde 12 letter b, snail be snpulated by the MinIster.

(2) Procedures forstipulating theprotection status of fish

species asreferred to in paragraph (1) shall beregu­

lated bya regulation of Minister.

ArtIcJe2~

(1) Thepreservation asreferred in Artide22 lettercshall

be applied to protected fish species and unprotected

Business News 7701/8-15-2008

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fish species through the collection of live fish in one

controlling media as artificial habitat.

(2) Thepreservation offish spedes asreferred to inpara­

graph (1) shall beexecuted by taking the fishfrom its

natural habitat or from thereproduction result.

(3) Thepreservation ofprotected fish species and unpro­

tected fishspecies inartificialhabitetasreferred to in

paragraph (1) shall bedoneafter fulfillingthefollow­

ing requirements:

a. Fish heCilth stanClan::l;

b. Place, which is wide enough, secure, andcomfort­

ablej and

c. hiring theexpert in medical fieldand fish preserva­

tion.

(4) The preservation of protected lind unprotected fish

species shall beexecuted by:

a. Individual;

b. group ofsocietyj

c. Indonesia statutory body;

d. research institute; and/or

e. college.

(5) Further provision regarding thepreservation of pro­

tected and unprotected forestspecies asreferred to in

paragraph (1) until paragraph (4) shall beregulated

by a regulation of the Minl~r.

Artide 26

(1) The breeding asreferred to inArtide 22 letter d shall

be applied to protected and unprotected fish species

thmlJgh:

a. seedling Ina controlled environment;

b. egghatching;

c. fattening ofparent stocks taken from the nature;

and

d. transplantation.

(2) The .....

(2) Thebreeding of protected and unprotected fish spe­

cies asreferred to in paragraph (1) shall be executed

bypreserving thepurityof fish genetic.

(3) The breeding of protected andunprotected fish spe­

des shall fulfill thestandard qualification offish breed­

ing.

(4) The breeding of protected andunprotected fish spe­

cies shall be done by:

a. person

b. group of society;

c. Indonesia statutory body;

d. research institute; and/or

e. college.

(5) Further provision regarding thestandard qualification

ofbreeding of protectecl andunprotected fish species

asrefened to in panagraph (3) shall be regulated by a

regulation of the Minister.

Artide27

(I) Forthecontrolling needs of breedingjofprotEcted and

unPlotecled fish species, fish motherandfish asbreed­

ingproduction shall be marked.

(2) Further provision regarding themarking procedure as

refened to Inparagraph 1....11 be regulatedbya "",u­

lation of theMinisler.

Artide28

(I) The research anddevelopment as referred to InAr­

ticle 22 letter e shall be applied to protected and un-

protected fish spedes.

(2) Provision regarding research anddevelopment asre­

fened III in paragraph (1) shallbe regulated accord­

IngIII legislation.

BusinessNews nOllS-IS-200s

SA

Partfour

Conservation ofFish Genetic

Article 29

(1) Conservation onfish genetic shall beexecuted through

the foiluwlng erforts:

a. Preservation;

b. reproduction;

c. research; and

d. garnet conservation.

(2) Provision regarding preservenon e, reproducuon, and

research as referred atparagraph 1 letter a, letterb,

andJetter cshall apply mutatis mutandis totheprovi­

sion regarding conservation onfish type asreferred in

Article 25 until Article 28.

(3) GdIT~ conseveuon of nsll y~netlc resource asrererred

at paragraph I letterd shall be executed in a frozen

condition.

(4) Furthermore provision regarding garnet conservation

asreferred to in paragraph (3) shall be regulated by a

regulation of the Minister.

OiAPTERID

USAGE

Article 30

(1) COnservation ot the usage ot fishery resources cov­

ers:

a. usage ofwaterconservation area; and

b. usage onfishtypeandfish genetic.

(2) The usagE! of waterconservation areaasreferred at

paragraph I letterals executed through theactivity:

a. fish catching;

b. fish roltivation;

C. water tourism; Or

d. research ancl education.

(3)The ... "

(3) Theusage onf~h species andfish genelic asreferred

at paragraph (1) letterb isexecuted through the fol­

lowing activities:

a. research and development;

b. reproduction;

c. trade;

d. aquaria;

e. transfer; and

f. maintenance forpleasure.

Article 31

(I) Usage of waterconservation area forfishcalthingas

referred inArticle30paragraph 2 lettera isexecuted

Infishery zone.

(2) Each person Inexecuting the fish catdllngasreferred

at paragraph (I) isobliged to have permit.

(3) Permit for fish catching atwaterconservation area as

referred atparagraph 2, is Issued bytheMinister, gov­

ernor, regent/mayor or appointed officer that is ac­

cording to itsauthortty.

(4) Minister, governor, orregent/mayor inissuing theper­

m~ for fishcatchinQ shall consider:

a. supported capacity andenvironment condition of

fish resource;

b. method offishcatching; and

c. typeoffish catching tool.

(5) Further provlslon regarding procedure to obtain the

permit for fish catching at continuation fishery zone in

thewaterconservation area asreferred at paragraph

(1) andparagraph (2) is regulated by a regulalion of

theMinIster.

Article 32

(1) The usage ofwaterconservation area forfish cultivation

Business News 7701/8-15-2008

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asreferred in Article 30 paragraph (2) letter b is ex­

ecuted atcontinuation fishery zone.

(2) Each person inexecuting the fish cultivation as referred

at paragraph (1) Isobliged to have permit.

(3) The permit offish aJltivation in the water conservation

area asreferred at paragraph 2, Isgiven bytheMinis­

ter,governorl regent/mayor orappointed officer that

isactordlng to itsauthority.

(4) Minister, govemor, or regent/mayor ingiving the per­

mit nf tis'"ctlltlv::ltinn at w::tter OO"~N;lotinn ::IrRl. afl:l

considering:

a. type offish lhalls cuftlvated;

b. typeoffood;

c. technology;

d. amount of unitofaJltivation effort; and

e. supported capadty and environment condition of

fish resource.(5) Further provision regarding procedure to obtainthe

permitforfish cultivation at continuation fishery zone

fnthewaterconservation areaasreferred to inpara­

graph (1) andparagraph (2) isregulated bya regula­

tion of the Minister.

Arttcle33

(1) The usage ofwaterconservation areaforwatertour­

Ism as referred in Arlicle 30 paragraph (2l letter c

shall be executed allhe usage zone and/or fishery

zone.

(2) Water tourism inthe waterconservation areaas re­

ferred to lr; paragraph 1 shall beexecuted through:

a. activity of watertourism; and/or

b. business ofwatertourism.

(3) Each person in executing the activity end b~in~of

water nature tour as referred at paragraph (2) is

obliged to have lhe permlt,

(41 The.•.••.

IDA

(4) Thepennlt as referred at paragraph B isgiven by the

Minister, governor, regent/mayor or appointed offirer

that isao:ordingto its authority.

(5) Furtherprovision regarding procedure to obtain the

pennit of water naturetour at tile usage zone and/or

continuation fishery zoneat water conservation area

as referred at paragraph 1 and paragraph 2 is regu·

latedby a regulation ofthe Minister.

Article34

(1) The usage of water conservation area for research

adivity andeducation asreferred to in Article 30para­

graph(2) letterd shallbeexecuted at mainzone, fish~

ery zone, usage zone, or anotherzone.

(2) Each person in using the water conservation areafor

research andeducatiOn activityas referred to in para­

graph (1) isobliged to have permit.

(3) Thepermitas referred to in paragraph (2) isgivenby

the Minister, governor, regent/mayor oraplX>inted of­

ficerthatls according to itsauthority.

(4) Foreigner and/orforeign legal board that shall execute

tM r~rchactiVity at water oon~rv8tionareashalf

begiven the permitafter fulfilling the requirement of

research permit that is according to theprovision of

regulation ancllaw.

(5) Furtherprovision regarding procedure to obtain the

pennitfor research and education at water eonserva­

tion area as referred to in paragraph (2) and para­

graph(3) is regulated bya regulationof the Minister.

Article35

(1) The uSlige of fish type and flsh genetic as referred in

Article 30 paragraph (3) is applied to protected and

unprotected fishspecies.

Business News nOlj8-1S-2008

(2) Theusage of fish type and fishgeneticasreferred at

paragraph 1 shall be executed by taking fish taking

from nature.

(3) Thetakingof protectedand unprotected fishspedes

from natureas referred at paragraph 2 is obliged to

secure permit from the Minister or appointed officer

after obUlining the rPO:lmmponrlation fmm the qiPnce

authority.

(4) Eachof protected andunprotected of fishspecies taken

fromthe naturefor reproduction actMty andaquaria

isstatedasfishof statedeposit.

(5) Eachperson that Is executing the fISh taking from na­

ture asreferred at paragraph (2) isobliged to paythe

fishery collection that is according with the provisiOn

of regulation and law.

(6} Further provision regarding permitasreferred at para­

graph(3) ISregUlated by a regulation Ofthe Minister.

Article36

(1) Theusage of fishspecies and fISh genetic: for research

and development activity as referred to InArtide 30

paragraph 31ettera shallbe applied to protected and

unprot:ed:Ed fish species.

(2) The research and development as referred to in para­

graph(I) shallbe executed by:

B. IndMdual;

b. college;

c. non-governmental organization; and

(I. research anddevelopment Instttute.

(3) The usage of fish type and fish genetic for research

anddevelopment activityas referredat paragraph 1 is

obliged to secure usage permitform the Minister or

appointed otricer.

(1) Research .....

ItA

(4) Research anddevelopment resultasreferred at para­

gmph 1 must!be given up to the Minister.

(5) Research andclevelopmentto protectedand not pro­

tectedof fish type that is beingexec:uted by the for­

eignerand/or foreign legal board in Indonesia is ex­

ecuted acx:ordilg to the provision of regulation and law.

Artide 37

(1) The usage of fish type andfish geneticfor reproduc­

tionasreferred to in Artide 30 paragraph (3) letter b

shallbeapplied to protected and unprotected fishspe­

des.

(2) Reprncludion as referred at paragraph 1 shall be ex­

ecutedby:

a. Individual;

b. groupof society;

c. Indonesiastatutorybody;

d. Research and development institUte; and/or

e. college.

(3) Reproduction actiVItY asreferred to ~I'l paragraph (1) is

obliged to secure permitfromthe Ministeror appointed

Officer.

(i) I he permit as referred to in paragraph (3) Is Issued by

the Ministeror appointed offICer alter the applicant

fulfilling the technical andadministrative requirements.

(5) Further provision regarding the technical andadminis­

trativerequirements as referred to in paragraph (4) is

regulated bya regulation of the Minister.

Article 38

(1) The usage of fishspecies for trading as referred to in

Article 30 paragraph 3 letter c toVer.i:

BusIness News 7701(8-15-2008

a. protected fish spedesresultingfromreproduction

product:

1. generation II (F2)and so on;

2. generationI (F1) stipulatedby the Ministeraf­

ter securing recommendation from science au-

thority.

b. Unprotected fish species;

c. fish type that canbe traded according to provision

of Intemationallaw.

(2) The Ministerstipulate quota of the taking of unpro­

tected fish spedes from nature as referredat para­

graph1 letter b, for trading after securing recommen­

dation from science authority.

Article39

(1) The use of fish type for trading as referred to in Artide

38 paragraph (1) shall beexecuted by:

a. Individual; and/or

b. corporation.

(2)Theindividual and/orcorporation asreferred to in para­

graph 1 in executing the trading is obliged to secure

permit from the Minister or appointed officer, after

fulfilling the technical requirement.

(3) Furthermore provision regarding procedure to obtain

tile permit and technical requirement as referred at

paragraph 2 is regulated with the regulation of Minis­

ter.

Artlcle40

(1) The usage of fi!;h !;~i~ for trading as referrsd tn in

Article38paragraph (1) shallbe executed for export,

Importor reexport.

(2)lbe.....

12A

(2) Theusage of fishspecies for export, Import,. or reex­

portasreferred to Inparagraph (1) Isminimally com­

pleted by:

(3) deliVery letterfromand toother countries;

(4) deliVerY document or transportation;

(S) obtaining letterof trading quota;

(6) original explanation letter; and

(7) explanation letterof reproduction product.

(8) Further provision regarding export, Import or re ex­

portfor tradingof fish spedesas referredto In para­

graph (1) and paragraph (2) is regulated bya regula­

tion of theMinister.

ArtiCle 41

The exported, Imported or re exported fish spe­

cies shall be lOubjec:t to the quarantine action according to

legislation.

Artide42

(1) The usage of fish type for aquaria as referred to in

Artide 30 paragraph (3) letter d shall be applied to

protected and unprotected fish species.

(2) The aquana as reterred at paragraph 1 shalllJe ex­

eeutedby:

a. Indonesian statutory body;

b. Research institution; or

c. college.

(3) The Indonesia statutory body, research institute, or

college asreferred to paragraph (2) which undertakes

fishaquaria, isobliged to secure permitfromthe Min­

Isteror appointed officer.

Business News nOl/8-15-2008

(4) The Indonesia statutory body, research Institute, or

college as referred to in paragraph 2, is obnged to

hold responsible for the health, safety and security of

fish.

(5) The aquaria asreferred to in paragraph 1 isexecuted

through thefollowing actiVity:

a. collection or live flSl'lln oneor controlling media as

artifICial habitat;

b. collection of dead fish including its parti and

c. showInthe fonn of life fishattraction.

(6) Further provision regarding aquaria as referred to in

paragraph (1) until paragraph (5) is regulated by a

regulatIOn of the Minister.

Article43

(1) The usage of fish species forthe exchange as referred

in Article 30 paragraph 3 letter e shall beapplied to

protected andunprotected flshspecies.

(2) The exchange of fish type as referred at paragraph

(1) shell be executed by;

a. Government;

b. Regional Government;

c. Indonesian statutorybody; or

d. College.

(3) The Exchange of fishtype asreferredto Inparagraph

lis obliged to secure permit from theMinister or ap­

pointed officer.

(4) Theexchange of protected andunprotected fishspe­

des as referred to paragraph (1) is executed on be­

halfofequality.

(5) fyrtber"" ,

(5) Further provision regarding exchange asreferred to in

paragraph (1) until paragraph (4) is regulated by a

regUIciUUll of [neM'nls~.

Artide44

(1) The preservation of fish species for pleasure as re­

ferred to in Article 30 paragraph 3 letter f shall be

applied La protected and unprotected nsn:s~.(2) Thepreservation as referred to in paragraph 1 shall

beexecuted by individuals.

(3) Preservation ofprotected fish species forpleasure as

refened to In paragraph 1 onlycanbeapplied to fish

resulUng fnxn repruthK.tioflo

(4) Individuals preserving the protected fishasrefened to

inparagraph 3 areobliged to secure permit from the

Minister orappointed officer.

(5) Individuals preserving protected fishfor pleasure are

obliged to:

a. keep the health, comfortability, safety, andsecu­

rity of the fish; and

b. provide the place andfacilityfulfillingfirst preser­

vetonstandard e.

(6) Further proviSIOn regareJing preservation of fish spe­

cies forpleasure asreferred to inparagraph (1) until

paragraph (5) is regulated bya regulation of theMin­

ister.

13A

(2) Further provision regarding education and training as

referred to paragraph (1) isregulated bya regulation

or UIt;l MIIlI:slt:.!T.

OW'TERV

FOSTERING OFscamArtide46

(1) TuII~ Lusoci~y Il*IIiL.aUUIlIt::gcutJIIIY l.I1t;: kllper­

tence of fishery resources conservation, the SOCiety

shall be fostered.

(2) Thefostering of society foUnding asreferred to para­

graph (1) Is executed by the Government, regional

yovermnent,. taemess conunursues, lIun-governn~w

tal organization, orgroup of society.

(3) In orderof society founding shall begiven the appre­

ciation ontheeffort ofmanagementci ecosystem con­

servation, conservation offish type, and conservation

orgenetfC I'lsh.

(4) Theappreciation as refenedat paragraph 3 shall be

given -by theGovernment or regional government to

personal orthemwho are really has thespirit at con­

servation field of fishtype.

(5) FUrther provision regarding the SOCietY foStering as

referred to In paragraph (1) untllwith paragraph 4 is

regulated by a regulation of the Minister.

OiAJ'TERN

EDUCATION AND CONSERVATION TRAINING

Artide4S

(1) In orderto develop andincrease the institution capac­

ity and human resource in the flekl of conservation

fishery resource, training and conservation training of

fishel'( resources shall beexecuted.

Business News 7701/8-15-2008

OiAPTERVl

SUPERVlSION OVER CONSERVATION OF

ASHERY RESOURCES

Artide47

(1) Supervision shall beexecuted in the ft..:,e.vor1< ofcon­

servation of fishery resources.

(2) Supervision over conservation Of fishery resources as

refenedto paragraph (1) shall beexecuted through:

a. guarding . . . . .

a. guarding andpatrolling at water conservation area;

and

b. supervising the usage of protected fish speciesand

genetic.

(3) The supervision as referred to in paragraph (1) i:;l ex­

ecuted by fishery watcher; consisting of Civil servant

and non-civil servant fishery investigators.

(4) Society shall be involved in supervising conservation

monitoring offish resources.

(5) Provision regarding supervision over conservation of

fishery resources is regulated by a governmentrequ­

lation.

OiAPTERVTI

SANCTlON

Artide48

(1) Violation of the provision of Article 31 paragraph 1,

Article 32paragraph 1,Artide33paragraph 1,Article

35paragraph 5, Article 36paragraph 4,Artide 38para­

graph I, Artide 42 paragraph 1, and Article 11 para

graph 3 andparagraph5 shall besubject to adminis­

trative sanctions.

(2) The administrativesanctions as referred to in para­

graph (1) shall be in the form:

a. written warning;

b. freezing of pennit;

c. revocation ofpennft; and/or

d. fine.

(3) The administrativesanc:tlons as referred to in para­

graph (2) shall be imposed by licensors according to

their respective scope ofauthority.

(4) The administratiVe fine as referred at paragraph (2)

letterd shall benon-tax state revenue, which mustbe

remittedtothestate cash.

14A

Article49

(1) The administrative saoct:ion in the form of writtEnwarn­

ingasreferredto in Article 48 paragraph (2) letter a is

imposed on each permit holderviolatingthe provision

as relerred In.Art.k..:re'1 paragraph (1), Artfde 32 para­

graph (1), Artide 33 paragraph (1), Artide 36 para­

graph (4), Artide 38 paragraph (1), Artide 42 para­

graph (4), Artide44 paragraph (3), or paragraph (5).

(2) The wrftten warning asrefemed to in paragraph (1) is

imposed on permit holderfailing to fulfill its obligation

3 (three) times consecutively with interval not more

than 14(fourteen) of calendardavs for each waminp.

Artide 50

(1) The administrativesanction in the form of freezingof

permit asreferred to inArticle 48 paragraph (2) letter

b is imposed on each permit holder as referred to in

Article 49paragraph 1 that has failed to fulfill obliga­

tion untilthe endof the third wrftten warning.

(2) The administrativesanction in the form of freezingof

penmit asrefemed to in paragraph (1) iseffective for 6

(sj)c;) "IU"UI~ as rrQITI U1e dateof ImposlUOn of the sane­

ten.

(3) The administrativesanc:tlon in the form of revocation

of permit as referred to inArtide 48 paragraph 2 let·

ter c is imposed t in casethe time periocl of permit

freezing as referred to in paragraph (2) is over and

the permit holderdoesnot exercise obligation.

Article 51

(1) Permit holders violating the provision of Article 35

paragraph (5) is subject to the administrative sanc­

tion in the form of permit freezingandadministrative

Business News 7701/8-15-2008 sanction ' ..

sanction intheform offineasreferred to inArtide48

pa",g",ph (2) IeIIer b and letter cminimally 10 (ten)

times and maximally 15(fifteen)timesfromthefish­

ery levy becoming obligation.

(2) The permit freezing es referred to in pomgraph (1) ls

effective for 6 (six) months s_ the sanction is im­

posed.

(3) In case thetimeperiod of perm~ freezing asreferred

at paraqraph (2) isover, thepennltholder still fails to

fulfillobligation, theusage permit of!ish species e and

genetic shall be revoked.

(4) The revocation of the permit as reterred to in para­

graph 3 shall noteliminate theadministrative sanction

inthe form affine as referred to inparagraph (1).

Article 52

Any violation otthe provision asreferred to In Ar­

ticle31 pereqraph (2), Article 32 paragraph (2), Article 33

paragraph (3), Artide34 paragraph (2), Artide35 para­

graph (3), Article 36 pareqreph (3), Article 37 paraqraph

(3), Article 39 paraqraph (2), Article 41, Article 42 para­

g",ph (3), Article 43 pa",g",ph (3), or Article 44 para­

g",ph (4) issubject to sanction accordirtg to the provision

alleglslaUon.

OiAPl<RVID

"ISlE I ANEOUS PROVISION

Article53

Pursuant to thisgovemment regulation:

a. llepartment/Minlsby incharge inthefishery sector shall

be stipulated asManagement Authority of onnserva­

tIonof fishery resources.

Business News 7701/8-15-2008

15A

b. Indonesian SCience Institute(UPI) isstipulated asSCi­

entific Authority.

OiAl'Tl:RIX

CLOSING PROVISION

Article 54

Following the enforcement of this regulation, all

technical regulations inthe fieldof conservation of fishery

resources are still effective as long asthey donotcontra­

vene or have not been replaced by thi~,govemment regu­

lation.

Article 55

This government regulation shall take effecton

the promulgated date.

For oublle OOQnizance, thisRegulation oftheGov­

ernmentshall be publishecl by pladng ~ in statute Book of

Republic ofIndonesia.

StipUlated inJakarta

On November 16, 2007

THE PRESlDEf>!TOF REPUBliC OF INDONESIA,

sgd.

DR. H.SUS!LO BAMBANG YUDHOYONO

Pl"OllluigatoJ in RJMrla

On November 16,2007

THE MINISTEROFJUSTlCE AND HUMAN RIGHTS,

sgd.

AND!MATTAlATTA

STATIITE BOOK OF REPU8UC OFINDONESIA YEAR 2007

NUM8ERI34.

ELUCIDATION ••..

160\

ELUCIDATIONON

GOVERNMENT REGULATION NUMBER 60 YEAR 2007REGARDING

CONSERVATION OF FISHERY RESOURCES

1 GENERAl.

Indonesian people are blessed with sea resource

by the A1mfghly God in the form ofvarious fishery re­

sources. The variouspotentialsof fishery resources at

sea need to be managed and used maximally for the

people's prosperity in the present or future bystipulat-

jngconservation prindples.

Law Number 31Number 2004 regarding Rshery

rules thatmnservation Of fisheIY resources isexecuted

through conservation of ecosystem, species and ge.

netic. Conservation of fishery resources basically can

no'[ be separatec Dy managIng me nsnery resources

and its environmententirely.

Given that fishery resources and its environment

are highly sensitive to the impact of global and sea­

sonal dimate also connectivity aspects of ecosystem

between water area either local, regional or global,

which may pass borders of state unity, development

and management of conservation offishery resources

are done in accordance with the prindple of careful­

ness withthesupport of science evidences.

Thegovernment regulation regarding Conserva­

non or Flsneryresources requlates In detailed man-

ner managementeffort of ecosystemconservation or

fish habitat that is Including in it is the development of

Water Conservation Area as theparl from ecosystem

Business News nOI/8-15-2008

conservaoon. Be5IC1eS tttat,UlIS RegUlatIOn Ofthe GOV­

ernment isalsomentioningthe rules toguaranteethe

continuity u~oe from fish~~Ic:n thP rn=IintPn~nl'P

ofvariety of t1sh genetic.

Having regards the abovementionedmatters,as

the implementationof Law Number31 Year2004 re­

gardingFishery and as legal bases for conservation of

fisheryresources, it is necessary to regulate provisions

regarding oonservation of fishery resources by a gov-

emment ~ulaUon.

11 ARTIn FTOARTIn F

Artide 1

Suffidently dear.

Article2

Paragraph 1

tetter a

Useprindple is meant in order for the conserva-

tinn f'!xP.f:lltinn nf fishf'!ry resources shall be given the us-

age for humanity, increasing of people prosperity, and

development ofmntlnuity lifeforthedlIzen, also thepres­

ervation increasing of fish resource.

l.eIlerb

Justiceprinciple ismeant inaderfortheOJI'lSeMltion

executfon.•.•

17A

execution of fisheryresources is paying attention to cor­

red aspect, balance, justice,alsodo not arbitrarily.

Letterc

Partnership principle ismeantinorder for the c0n­

servation execution of fishery resources is executed ac­

cording tncooperation agreement belweon the necessity

officer that is related-with conservation offish resource.

L.etrerd

Disbibutlon principle is meant in order for the

conoorvatlon execution of fishery rescerees shall be given

t!leI!lDIlOI11y benefillhatcanbeenjoyed bypartlyof scci­

eI'I inspread evenly.

L.etrere

Inlegrated prindple is meant In order for the con­

servation execution offishery resources Isexecuted in in­

tegrated, axnplete, andwhole, also supported eachother

bypaying attentionto national necessity, anothersector,

andlocal society.

Letlerf

Openness principle Ismeantin orderfor thec0n­

servation execution of fishery resources Is transparently

executed and giving t!le access tIl society to obtain t!le

Information in correct, honest andnot di.$criminatiVe.

Letterg

Effidency prindple Ismeantin orderfor the con­

servation execution of fishery resources is paying atten­

tion to efficiency factor,either from sector of time, pro­

cess or its funding.

Business News 7701/8-15-2008

Letter h

Preservation principle is meant in order for the

conservation execution of the conservation execution of

fishery resources Ispaying attention thesupported capac­

ity on prc:;crvotion of fbhc'Y l"C3OUl'CC3 and ib envlron-

men!.

Paragraph 2

Sufficiently clear.

ArtIde 3 andArticle 4

SUl!idently clear.

Artide 5

Paragraph 1

5uffldentIy clear.

paragraph Z

Letlera

Sea isaswater scope onearththat Isconnecting

the landwith landand anothernatureformsthat Isas a

geography unitythat Isalongwith the entirerelated sub­

stance lU Illhi:llll::. wn~1 dlKj system Isdaennlnal ac­

cording to national andinternational law.

Letlerb

Padang lamun is ascolony of flowercolony that is

grow Cit water of shallow seaandstill con be penetrated

by sunlight untilto sea bed,sot!lat plants remain possible

tc undertake photosynthesis.

Letterc

Coral reef consists. of reef~ and another small

organisms that areliveinacolony, that isasoneecosystem

t!lat areIWe atwaterbase andintheform ofshape of lime.

Letter d••.. '

18A

Letterd waterflowing, sediment, andecosystemthat are related

MarllJrove is: as: a (l'lmmllnily nft1Tlpir":ill~ vet)- beginnlna from the upstream tn dnwndTP;:lm, (:l~ naht

etation that isspecial to grow anddevelop at thetidal area andleft aslong asitsflow is limited with demarcation line.

of mud beach, sandy, orriver estuary, like evlcennla spp,

rhizphor spp, sonneratia, bruguiera, xyloc:arpus, cerops, Letter i

excecera. Lake isas a water place and the existence eco-

~m that i~ in the fanned naturally shall be in the fonn

~e

Estuary Is as a seml-dosed waterat the down­

stream partof river and still connected with·sea,than shall

possible there Isa mixing between fresh water andseaweter;

Letterf

Bead> is as anecosystemthat is located between

thelowesttidallinewithtl1e highest tidalline.This ecosys­

tem is located Inarea CXll1Slsting of stonesand pebble (that

is supported the flora andfauna in a limit amount) than

the area with~~ndy (whP"", thP pnl'1lJ1atinn of bade-­

ria protozoa, and metazoan is founded) as well as area

","slsting of gavel and mud (wherea large quantityof

rare animals isfound tocome up to surface).

L.etleog

Swamp isasall kind ofmudland that is naturally

made, orhuman made bymixing permanently ortempo­

rarily the fresh water with sea water, including the sea

region that is deptofwater islessthan6 meterwhen the

tidal air Isswapand tidal land.

Letter 11

River, including river branch and artifICial river is

asa now orplace ofwaterplace intheform of the netof

Business News nOljS-15-2008

aspart from thewide riverandinside of It Ismore exceed­

Ing another segment of the elated river, Including situ,

embung and typical water place locally called teiaga, ranu.

tetter j

Embankment Is asa art:lfk:ial water place, thatis

madefromascause oftheestablishmentofthedamn and

Intheshape of flow wldenillgfrivefbank/riversideordeep­

ened land.

Embung isas water placethat isnaturally made

or artifICial.

Letter I

Ecosystem ofartificial waterIscovering Irrigated

rice field, pond and pool.

Article6

Sufficiently clear.

ArtIde7

Paragraph 1

ThatIsmeant withopenness anddosing ofcertain

walEristhepenni:gMng and YioIationto_thecab:hlng

activity ofcertain fish resource, that istemporary, in a time

period.....

19A

period and/orcertainseason, that is stipulated according

to the dataand information from the scientist, in orderto

give the chance far the recovery of fishery resources and

its environment

Paragraph 2

Lettera andLetterb

Suffidenl:ly dear.

Letterc

The over fishing level is a status of fiShery re­

sources at awater,whereits usage effort isexceeding the

prcservedon potency or fish usage that is exceeding the

stockcapacity of local fishery.

Paragraph 3

SuffJdently clear.

Article8

Sufficiently clear•

Article9

Pllrngraph 1

Lettera

Naturalisasconditionof water that its biological

varietyandIts original isstillwell maintained.

Ecological relatlon isasa continuityecology rela­

tion at ~ certain geogrllphy unity, Including the bloloqlcol

community andphysique environment, in oneecology sys­

tem.

Representation is as a part that is representing

the condition of certainecosystem.

uniqueIsasspedai c:hc:lladt:r t1~at is having by II

water and/or its biota.

Business News 7701/8-15-2008

Ruaya regionis as part from a water that is used

for the trackof movementfish from one place to another

place in periodically.

Breeding region isasa part fromthe waterthat is

used for fish reproduction process in naturally.

Adoption region isasa part from thewaterthat is

used to look for the food and/or to protect fish in larva

stadium, young stadium.

Letterb

Potential of conflict covers the conflict potency

between sector, society, society with government, govern­

ment and regionalgovQrnment. Potential c:fthreat is oov­

ers potential of threat to the water habitatand its biota.

Local wisdom is'as a norm and a habiteffective in a cer­

tain society that is related with the values of environment

preservat1On.

letterc

Fishery important value Is as a water condition

and its biota that shan supportthe continuity fishery. Aes­

thetic Is a value of natural beauty from a water and/or

biotc having certain attradiveness.

Paragraph 2

Suffidentlyclear.

Article 10

Heritageof wortd nature isstipulated bythe United

Nations onsuggestion and initiative fromtheGovernment.

Bythe stipulation of one water conservation area as the

heritage of world nature, is expected can be asa promo­

tion effort in order to invite the <l~ntionof worldwide for

thedevelopment of conservation area.

Article 11 ..•..

Article 11

Paragraph 1

Letter a and letter b

Sufficiently clear.

Letterc

Preservation ofwaterconservation areais anef­

fort that Isexecuted to provide the partly of waterto be

stipulated as thecandidate afwaterconservation area.

l.etterd

Suffidently clear.

Paragraph 2 and Paragraph 3

<;tlffident1y r-lear.

Article 12and Article 13

Sufficientlyc_.

Artic\eo14

Paragraph 1

Potentials having the needs and CXlllSOIVilliOn value

iswaler,beside having thevalue Olncentration ofbiologi­

caldiversity importantglobally, regionally and locally (eco-

s;ys:t;em and endemic type, rare, In the brinlc.of eYtinrtion),

also very important to fulfill the bask: needs of local soci­

ety, whoseoontlnuation needs to be guaranteed.

Paragraph 2 untilParagraph 6

Suffidently dear.

Article 15

Paragraphl

Sufficiently dear.

Business News 7701/8-15-2008

20A

Paragraph 2

Aunit ofboard organization shall be inthe fonn of

theexecutor unit ofcentral technique, executor unit of re­

gional technique or unit part from theorganization unit

that ishandling thefishery sector that is according to the

effective regulation andlaw.

Article 16

Paragraph 1

Letter and Letter b

5ufficlenlly clear.

Letterc

Water having certain characteristic islasthe wa-

ter:

a. having thevalue and necessity ofnational conservation

and/or international;

b. inecological is having the state crosscneracten

c. covering thehabitatand ruaya region offish; and

d. having the p..'\lenc.v astheheritaQe of worIcI nature.

Paragraph 2 and Paragraph 3

SuffICiently clear.

Artlde 17

Paragraph 1andParagraph 2

Sufficiently dear.

Paragraph 3

ZOning of waterconservation areaIsasafonnof

technical engineering of room usage through thestipula­

tion offunctional borders that is according to the potenc.y

of resource and support also the process of continuous

ecology asoneunityof ecosystem.

Paraoraph 4. . •.•

Paragraph 4

lettEraMain zone is ~JJoca[ed tor:

a. absolute protection for habitat andfishpopulation;

b. research; and

c. education.

LetlI!r b

SUstainable fishery zone is allocated for:

a. habitDt: plutectiun lind fish population;

b. fish catching with tool and friendly way for environ-

ment;

c. environmentally friendly cultivation;

d. tourandrecreation;

e. research and development; and

f. education.

Letterc

Usage zone Isallocated for:

a. habitatprotection andfishpopulation;

b. tourand recreation;

c. research anddevelopment; and

d. education.

Letterd

Another zone Isasa zone outside the main zone,

continuation fishery zone, andusage zone that isbecause

of Itsfunction condition isstipulated ascertain zone, there

are:ptoteetlon zone, rehabilitation zoneandothers.

Paragraph 5

5ufIIdently dear.

Business News 7701/8-15-2008

21A

Artide 18

Paragraph 1

Partnership is as a corporation reJatkmstJjp be­

tween two parties or more, according to equality, open­

n~;:md I"rnfitilbJppMh nthp,r,

Paragraph 2

5uffidently clear.

Artide 19

Paragraph 1

5uffident1y dear.

Paragraph 2

oceanography Isas a knowledge regarding Sea

with the entireof its phenomena. Umnology is a knowl­

edge regarding hotlmCllnlond water, in this elise: is useful

for fishhabitat. Ashery bioecology isasa knowledge that

is learning the environment of fish life.Environment en­

durance is as endurance of water biota to the impact of

environment changes.

Paragraph 3

Sutfldentlyc/ear.

Paragraph 4

Network of water conservation area at regional

level isa water conservation area in oneecological area

CDVeI1ng twoormorenelghborlloodstates alsohavingthe

ecosystem relation.

Network of water conservation area at global

level isa waterconservation areaconsisting of onearea

ofseveraL ..•.

of several em-regions which are different buthave eeo­

system relations globally and cover someoountries.

Paragraph 5

Suffidentlydear.

Article20 untll Artide 22

sumaently clear.

Article23

Paragraph 1

Letter a

That ismeantwith protected fish type isa pro­

tected fish type Ihal is according to regulation and law.

Including inthis definition is a protected fish type islimited

tocertain size, certain spread area orcertain timeperiod.

Including inthis definition ofpiotectedfish type is

the protected fish type aCalrding to regulalion and law

and alsobeing protected according to provision of jnterre­

Uunal ~w that hasbeen rotffied (like Appendix I, II and In

arES).

Induding Inthisdefinition ofprotected fish type Is

egg, pertof body, and/or itsderivalive products.

Lellerb

Plotected fish special istheprotected fish species

acoorrling tn l'P(JulMinn and law but pi otected accon:Iing to

theprovision of inrernationallaw thaIhas beenratified (like

Appendix~ ~ and ill crTES). Induding innot protected fish

type is notprotected fish type acoording to regulation and

laworpR:Nfskln r:lintemationallaw butin Intemallonal tradi1g

isneeded the requlremcntand administrationprocess that

isaccording to inremational oonvention (crTES).

Business News nOl/S-lS-2008

Paragraph 2

Lettera

In the brinkof extinction shows a conditionof cer-

tain fish type population inthebrink ofextinction because

ofnatural factbr and/orhuman activity.

Letter b

Rare, Is as a condition of certain fi$h species:

wherein stock;s limited.

Letterc

Endemic isas a condition from certain fiSh spe­

des having limited distribution.

Letterd

Thedecreasing of the fish population amount in

nature isdrastically, isas a condition from certain fish type

that is in tl certain habitat is having the decreasing of popu­

lation amount Ina short time period.

lettere

Level of reproduction ability, is as ability to repro­

duc:tlve inobtaining the (:hild.

Article24

Suffidenllydear.

Altk:.1e 25

Paragraph 1

COntrol media isasa fish IMng place that its envi­

ronment condition is regulated and controlled byhuman.

PClragraph Z until Paragraph 5

Suffidenllydear.

AlJide 26 ..

ArlicIe 26

Paragraph 1

L.eller auntilL.eller c

Sulliciently clear.

L.ellerd

Transplantation Isas a way to reproduction the

reeftypetI1rough the culling of livereeftobe p1antl!d/put

in artJficiai substanre or naltlrecoral reef.

Paragraph 2

Thepurityoffishgenetic IsasanIndividual condi­

tionof",rtaln fish having the origlnaicha"1derof fish type.

Paragraph 3 andParagraph 4

Sullidently clear.

Paragraph 5

In the provision of qualification standard of pr0­

tected and not protected fish type reproduction, Isregu­

lated regarding its balance base there are covering:

e. limit cL populCltlon amount offl~h typcas reproduction

prcxluction;

b. reproductionexpertoff5htype;

c. rare level offish typethat is reproductive;

d. tool and infrastructure offish type reproduction.

ArticleZ7

Paragraph 1

Sign is aneffort to givesign to certain body part

from each of fish, there are, in the form of the gMng of

certain coor, plastic/metal plate with certain number iden­

tity,cutti1Q otcertaln bodypart, orthe pultingofmlaochlp.

Business News 7701/S-1S-Z008

23A

ParagraphZ

Sullidentlyclear.

Article ZB

Suffidently c:lear.

Article zsParagraph 1

L.eller a untilL.eller c

SumdenUy cleer.

L.ellerd

Gamed preservation isasa preservation effortof

genetic resource by keeping tI1e reproduction cell In the

form of sperm orovum that shall be executed infrozen

condition.

Paragraph ZuntilParagraph 4

Suflidently clear.

Article 30untilArticle 37

Suffldcntly dear.

Article 38

Paragraph 1

Letter a and Letter b

SUI'floenoy clear.

Letterc

Theprovision of intemationallaw isasan inter­

national agreement at conservation sector where Indone­

sia has ratified, there areConvention onInternational Trade

inEndangered Species of Wild Fauna and AorajCITES.

Paragraph 2 .....

Paragraph 2

Sufficiently dear.

Artide39

Sufficiently d@ar.

ArtIde40

Paragraph 1

Sufficiently dear.

Paragraph 2

letter a

delivery Jetter from andtoothercountries covers

thepermit export, pennitImport, andpermit reexportthat

isaccording to the format and the provision that isstipu­

latedby thesecretariatConvention onInternationalTrade

in Endangered Species of Wild Fauna and Flora/CITES.

Letterb

Document of delivery andtransportation is com­

pleted with thefollowing document:

a. domestic transport permit letter;

b. minutes of meetingofreproduction production and/or

takingfrom nature; and

c. explanation on fishhealthy from theauthorized officer

Letterc untilLettere

Sldfidentlyclear.

Paragraph 3

Sufficiently clear.

Business News 7701/8-1S-200B

24A

Article 41andArticle 42

Sufficiently clear.

Article 43

Paragraph 1 until Paragraph 3

Suffidentlydear.

Paragraph 4

That is meantwith equalityisequality inconser­

vation valueof fISh type that is traded.

Paragraph 5

Sufficiently clear.

Article 44 and Artlcle 45

Suffidentlydear.

Article 46

Paragraph 1

SocietyfosteringIsasan activity that Is planned

to increase the knowledge and society realization for the

importance the management of waterbiological resource

anditsenvironment incontinuation alsoto change the so­

cietybehavior fromdestructive behavior becomes thebe­

haviorthatcan fTl(llntain, manage andprotectthe fishery

resources end its environment.

Paragraph 2 andParagraph 3

Suffidentlyclear.

Paragraph 4

People rendering service for conservation sector

of fishery ..•..

oftishery resources are group ofsociety, non--govemmen­

talorganiZations andcorporation.

Paragraph 5

Suffidentlyclear.

Article 47untilArticle 52

Sufficiently clear.

Artil:lt:' 53

L.eller a

Management Authority is responsible there are In

administrative aspect, legislation execution, law stipula­

tion,pennit,and oommunication that arerelated with con­

servation offish resource, indueling the execution ofCon­

vention on InlEmational Trade inEndangered Species of

Wild Fauna aad Flora/CITES.

25A

Letterb

Scientiflc Autholity Is responsible there are togive

the recommendation to Management Authority regarding

oonselVatio., offishery resources aceordin9 to science prfn­

ciple, including inorder oftheexecution ofConvention on

Intemational Trade in Endangered Species ofWild Fauna

and Flora/QTES.

AlliLle'54 eJ'K.I A1Lk.1t:' SS

Suffidently clear.

SUPPlEMENTmSTATUTEBOOKOF

lHE REPUBUC OF INDONESIA NUMBER4779.

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