Food and Agriculture Organization of the United Nationsfor a world without hunger
The main fisheries authority in Indonesia is the Ministry of Marine Affairs and Fisheries (DKP). On matters related to aquaculture, the Ministry operates through the Directorate-General of Aquaculture Development. At national level, fisheries and aquaculture are regulated by Fisheries Law No. 31/2004 (2004), which underscores the importance of sustainable use of aquatic resources in the development of fisheries. Under Law No.22/1999 on Regional Administration (1999), and in the context of the decentralization process, Provincial Governments are held responsible for the management, use and conservation of marine resources in their own territory, within territorial waters. However, the following analysis will only focus on national legislation.
In line with the orientation of the national fisheries policy, the law introduces the interesting concept of fish cultivation, which is basically a fishery resources management tool, aiming at the conservation, enhancement and optimal exploitation of the aquatic fauna. «Fish cultivation is all efforts, including an integrated process in compiling information, analysis, planning, consultation, decision-making, allocation of fish resources, and implementation and enforcement or law and regulations in fishery, implemented by the government or any other authority, which is directed toward achievement of continuing productivity of biological resources in the waters and the agreed purposes» (author's italics). Fish cultivation may be carried out for fishing or rearing purposes. As opposed to «fish catching», «[f]ish breeding is an activity to raise, grow, and/or breed fish and to harvest the output in a controlled environment, including activities by boats to load, transport, store, cool, handle, process, and/or preserve it».
With regard to regional arrangements, Indonesia is a non-member participating State to the Agreement on the Network of Aquaculture Centres in Asia and the Pacific (NACA) (1988). NACA members are: Australia, Bangladesh, Cambodia, China, Hong Kong, India, Korea, Malaysia, Myanmar, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Viet Nam. Moreover, as part of the Southeast Asian Fisheries Development Centre (SEAFDEC), Indonesia participates not only in the several Departmental Programmes on aquaculture, but also in the SEAFDEC-ASEAN programmes, which include the promotion of mangrove-friendly aquaculture and the regionalization of the Code of Conduct for Responsible Fisheries.
SIUP for the conduct of aquaculture in fresh, brackish or marine waters by an Indonesian company must be issued by the Provincial Governor or by the Regent or Head of the Municipality, depending on the location of the farm. Companies being granted a SIUP and using foreign vessels in the Indonesian EEZ must apply for a foreign vessel use permit (PPKA), which lasts three years. PPKA holders must submit a quarterly activity report to the responsible authority. Companies applying for a SIUP must provide:
Lastly, pursuant to Presidential Decree No.23 regarding Sea Farming Development in Indonesian Waters (1982), Provincial Governors are in charge of identifying marine or coastal areas for the development of mariculture, in the territories under their jurisdiction. Concessions are granted by Provincial Governors to Village Unit Cooperatives (KUD).
Law No.7/2004 on Water Resources (2004) regulates the sustainable use of inland fresh and salt waters, without making any specific provision on aquaculture. The authority on water management is distributed among the four government levels: central government, provincial governments, municipal governments and village government. A licence is required for the use of water beyond personal needs or for activities other than small-scale farming within an existing irrigation system. A licence is also required to carry out construction works affecting water resources. A local example of regulations on water use for aquaculture purposes is given by Regional Regulation of the Special Capital Province of Jakarta No.1/2004 re Taxes on the extraction and use of groundwater and surface water (2004), which exempts small fish pond owners from the payment of water charges. Concerning access to land, at the time of writing, a copy of Government Regulation on land use management (2004) was not yet available. As required by the new Fisheries Law (section 18), governmental action will soon be taken to bridge the lack of specific procedures for access to water and land for aquaculture purposes.
The Environmental Impact Management Agency (BAPEDAL), regulated by Presidential Decree No.10/2000 on the Agency for the Control of Environmental Impact (2000), is a non-ministerial body attached to the Presidency of the Republic. Its tasks include the implementation of the national environmental policy, the preparation of guidelines on environmental impact management, the coordination of EIA processes, the monitoring and management of waste discharge, the promotion of environmental awareness, and the settlement of environmental disputes. Government Regulation No.27/1999 re Analysis of Environmental Impacts (1999) provides that, when required, the EIA is part of the licensing procedure for the conduct of the concerned activity. The EIA procedure is defined in Government Regulation No.27/1999 and Decree of the State Minister for the Environment No. 40/2000 on working procedures for the Commission for appraisal of Environment Impact Analysis (2000). Applications for EIAs are filed with the national, regional or municipal commission of appraisal, depending on the location of the concerned activity. Activities affecting national security are assessed by the national commission. Applicants must prepare an environmental impact study, an environmental management plan and an environmental monitoring plan. The relevant authority must grant or deny the authorization within 75 days from the application, silence meaning approval. If the project is not implemented within three years from the EIA, the authorization is declared as expired.
The shellfish sanitation system includes the classification of “shellfish growing areas” in four categories, according to the microbiological quality of waters:
Concerning wastewater discharge, two texts are worth mentioning, neither of which, however, makes reference to aquaculture effluents. The discharge of effluents and waste into marine waters is covered by Government Regulation No.19/1999 re Control over marine contamination and/or damage (1999), whereas Decree of the State Minister for Environmental affairs No.110/2003 on the Guidelines on stipulation of accommodating capacity of load of water pollution in water sources (2003) proposes two mathematic models for the assessment of pollution capacity of waterbodies and watercourses.
Species susceptible to quarantine diseases, as designated by the competent Minister, must abide by the requirements set forth by Law No.16 concerning Animal, Fish and Plant Quarantine (1992). Imported animals, fish, plants and their products must be accompanied by a health certificate, issued by the competent authority of the country of origin and by that of any country of dispatch. The export of animals, fish, plants and their products is subject to the requirement of a health certificate, to be granted by the competent Indonesian authority. Such procedure is also applicable to species susceptible to non-quarantine diseases, upon request of the importing country. Lastly, the transit of animals, fish, plants and their products requires the presentation of a health certificate issued by the competent authority of the area of origin. The import, export and transit may only be carried out through designated entry or exit points, and must be notified to the local quarantine officer for quarantine checks. Import and export requirements with regard to live fish are further specified in Decree No.265 of the Ministry of Agriculture concerning Quarantine Requirements for the Importation of Live Fish into the Territory of the Republic of Indonesia (1986) and Decree No.245/Kpts/LB.730/4/90 re Quarantine Measures taken on Live Fish Exported from the Territory of the Republic of Indonesia (1990). The import of live fish into the country is subject to the granting of an import permit from the Minister of Agriculture, and to the presentation of a Fish Health Certificate (FHC), issued by the competent authority of the country of origin or dispatch. Import or transit in Indonesia of live fish originating from countries affected by dangerous fish diseases, as identified by the Minister, is prohibited. Pursuant to the 1990 Decree, the export of live fish is not subject to health certification and quarantine requirements, unless required by the importing country, as mentioned above. However, in this respect, the 2004 Fisheries Law provides that both the import and export of fish and fish products require the granting of a health certificate for human consumption (section 21). This discrepancy must be solved according to the newer provision, as reminded in the transitory provisions of the law. First import of aquatic animals in Indonesia is regulated by Decree of the Minister of Marine Affairs and Fisheries No.Kep.08/MEN/2004 on Procedures for importing fish of new kinds or varieties into the territory of the Republic of Indonesia (2004). The first introduction of exotic fish species must be accompanied by the following documentation:
The recommendation must contain the following information:
Post-harvest or post-capture transport of shellfish within the country is regulated by Decree of the Minister of Marine Affairs and Fisheries No.Kep.17/MEN/2004 on Indonesian Shellfish Sanitation System. Shellfish transport is subject to the granting of a registration document from the competent authority of the landing place. The document must provide the following information:
As mentioned above, the application of quarantine measures is only mandatory for the import and transport of fish species and plants susceptible to quarantine diseases, as identified by the competent Minister. The export of such aquatic species, unlike the export of other animals, is only subject to quarantine measures upon request of the importing country. Quarantine measures include the following steps:
Decree of the Minister of Agriculture No.466/Kpts/TN.206/V/99 re Manual for Prime Method of animal drugs manufacturing (CPOHB) (1999) establishes a certification system for animal drugs production. Applications of complying producers must be lodged with the Director General of Animal Husbandry of the Ministry of Agriculture. CPOHB certification holders are entitled to mention it on the product’s label. No specific provisions are made with regard to the use of drugs in aquaculture.
Only few provisions on fish products safety are found in the 2004 Fisheries Law. Aquaculture farms and fish processing plants are required to implement a quality control system, consisting of the following instruments:
Specific provisions on shellfish products safety are made in Decree of the Minister of Marine Affairs and Fisheries No.Kep.17/MEN/2004 on Indonesian Shellfish Sanitation System. Harvest and post-harvest activities are regulated in detail, including washing, shell removal, packaging, labelling, storage and depuration. Lastly, appearance requirements and maximum residues limits are provided to ensure a quality standard for consumption.
The new Fisheries Law provides that the Government shall consider small fishermen and small fish breeders as a protected category and provide them with loans, local or foreign funds, education and training.
Government Regulation No.54 of 2002 on Fisheries Business (2002) (text not available).
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