abdsoon) concerning the Regional Government (Stat

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1 2A USE OF TRAWLERS IN THE SEAS OF THE NORTHERN PART OF EAST KALIMANTAN (Regulation of the Minister of Marine and Fishery No. PER.06/MEN/2008 dated February 26, 2008) THE MINISTER OFMARINE AND FISHERY OFTHE REPUBUC OFINDONESIA Considering: a. That in the framework of optimizing the utilization of fish resources byconservation methods, to improve the prosperity of fisherman, andto augmentthe existence of fisherman community inthe water regions of the northern part of EastKalimantan, it is required to utilize fish catching means suitable to the geographical characteristics and/or condition of the water regions of the northernpart of EastKalimantan; b. That trawl fish catching means is a means of catching fish suitable to the geographical characteristics and/or conditionof the water regions of the northern part of East Kalimantan; c. That based on the considerations referredto in letters a and b, it is deemed necessary to regulatethe useof trawl fishcatching means in the watersof the northern part of East Kalimantan, with a RegUlation of the Minister; In viewof: 1. law No.5 Year1983 concerning Indonesian Exclusive Economic Zone(StatuteBookof the Republic of Indonesia Year 19B3 No. 44; Supplement to Statute Book of the Republic.oflndonesia No.3260); 2. law No.6Year 1996concerning the Indonesian Seas (StatuteBookoftheRepublic ofindonesia Year1996 No.73, Supplement to StatuteBookof the Republic of Indonesia No. 3647); 3. law No.31 Year2004 (BNNo. 7158pages6A-17A andsoon) concerning Fisher;{Statute-Bookof the Republic of Indonesia Year2004No. 118,Supplement to StatuteBook of the Republic of Indonesia No.4433); 4. LawNo.32 Year2004(BNNo. 7183pageslA~11A abdsoon) concerning the Regional Government (Stat ute Bookof the Republic of IndonesiaYear2004No. 125, Supplement to Statute Book of the Republic of Indonesia No.4437); 5. Government Regulation No. 38 Year2007concerning the Division of GovernmentAffairs betweenthe Government, PrOVincial Regional Governments,. and Regency/City Area Governments (Statute Book of the Republic of IndonesiaYear2007 No. 82, Supplement to Statute Book ofthe RepUblic of Indonesia No. 4737); 6. Presidential Decree No. 187/M year2004 (BNNo pages3da-3.l4)which had beenamended several times, lastly with Presidential Decree No. nip Year 2007; 7. Presidential Regulation NO.9 Year2005 (BN_ pages2a-23a)concerning Positions, Duties, Functions, Organizational Structure and Work Mechanism of R.I. StateMinistries which had beenamended several times, lastly with Presidential Regulation No. 94 Year2006; 8. Presidential Regulation No. 10 Year2005concerning Organizational Units and Dutiesof Echelon-I of State Ministries of the Republic of lndonesia whichhadbeen amended several times, lastlywith Presidential Regulation No. 17Year2007; 9. Decision ortne Minister of seas andfishery No. KEP.24/ AMEN/2002 concerning Procedure and Technique of Compiling Statutory Regulations within the seas and Fishery Department; Business Ne~s / Regulation...

2 3A 10. Regulation of the Ministerof Marine and Fishery No. PER.07/MEN/200S concerning Organization andwork Mechanism of seas andfishery Department whlch had been amended several times,lastlywith Regulation of the Minister of 5eas andfishery No. PER.08/MEN/2007; 11. Regulation of the Ministerof Marine and Fishery No. PER.16/MEN/2006 concerning Fish Ports; 12, Regulation of the Ministerof Marine and Fishery No. PER.OS/MEN/2008 concerning Fish catching Business; DECIDES: To stipulate: THE REGUlATION OFTHE MINISTEROFMARINE AND FISH ERY OFTHE REPUBUC OF INDONESIACONCERNING THE USE OFTRAWLERS INTHE SEAS OF THE NORTHERN PART OFEAST KAliMANTAN. Article1 In this Minister Regulation, what is meantby: 1. Fish catching is an activityto catchuncultivated fish in waters byanymeans or methodwhatsoever, including activities using ships for loading, transporting, storage, cooling, handling, processing and/or preserving. 2. Trawlerareall types of fishcatching means in the form of netwith pockets, having a bodyandwings equipped with net opener, operated by towing using a moving ship. 3. Trawlerisa fish catching shipusingtrawler fish catchingmeans. 4. Thewatersof the northernpart of EastKalimantan are watersextending from the watersoftarakanregency at coordinate 30 la' NorthLatitude upto the outermost watersof 5ebatikIsland. 5. Minister isthe Ministerhavingthe responsibility in the field of seas and fishery. 6. Director General isthe Director General of catch Fisheries. 7. Governor isthe Governor of East Kalimantan. 8. Regent isthe Regent of Nunukan or Bulungan or Tana TIdung. 9. Mayor is the Mayor of Tarakan. Article2 (1) Fish catching activities in the watersof the northern part of EastKalimantan may be performed by using trawlers. (2) Area of operations of trawlers referred to in sub-article (1) consists of: a. Lane I, covering watersmorethanone(1) mile up to four (4) miles measured at water surface at the lowesttide; b. Lane II, covering watersmorethanfour (4) miles up to 12 (twelve)milesmeasured at watersurface at the lowesttide; (3) Lane I is authorized onlyfor the operations of trawlers having weight upto five (5) gross tonnage (GT). (4) Lane II is authorized only for the operations of trawlershavlnq weight upto 30 (thirty) (GT). (5) Every trawler whereits areaof operations isin Lane I mayoperatein Lane II and/or morethan 12 (twelve) miles, and trawlers where its areaof operations is in Lane II mayoperatemorethan 12(twelve) miles, (6) Every trawier whereits.areaof operations is in Lane II is prohibited to operatewithin Lane 1. Article3 (1) Every trawlermustland the fishbeing result of itscatch in base ports. (2) The base ports referred to in sub-artidett) are: a. Sebatik Fish Landing Port; Business News _/ b.pulau.

3 4A b. Pulau Bunyu Fish Landing Port; c. Tarakan Coast Fish landing Port;or d. Mansapa-Nunukan Fish landing Port; Artide 4 (1) Thefishcatching activities referred to in article25ubarticle(1) maybe performed by Indonesian people or legalentitiesdomiciled in the Province of Kaltim, the Regencies of Nunukan, Bulungan, Tana Tidung or Tarakan aty. (2) Any Indonesian people or legalentitiescarrying out fish catching referred to in sub-article (1) areobliged to possess a written permitfrom the: a. Governor, for trawlersweighing of 10 (ten) GTup to 30 (thirty)gt; b. Regent I')r Mayor, fortrawlersweighing five(5) GT upto 10 (ten) GT; (3) Theobligation to possess the permitreferred toin subarticle(2) isexempted for fishcatching activities carriedout bysmallfisherman and/orfisherman having a trawler less than five(5) GT. (2) Based on the report referred to in sub-article (1), the Minister shall stipulate the allocation of permissible number of trawlers, by taking into consideration the availability offish resources support power, SOCio-economic condition of the local community, ann paying due observance on the environmental geographical condition of the borderarea. (3) Based onthe allocation of the permissible number of trawlers referred to in sub-article (2), the Governor andregent/mayor will issue trawler permits. Article 7 (1) Theavailability of fishresources support power, socioeconomic condition of the local community referred to in article6 sub-article (2) shall be evaluated once a yearby the Director General. (2) Theresultof the evaluation referred to in sub-article (1) constitute basis of consideration for policystipulationby the Minister to granttheallocation of the numberof permissible trawlers. Article 5 Trawlertechnical specification is setforth inattachmentiaandattachment IBof this Minister Regulation. ArticleS Every trawlercaptainmustsubmitreportonfish catching activities by using fishery logbook in accordance withstatutoryregulation. Article6 (1) The Governor and Regent/Mayor exercise the registration of trawlers owned byindonesian people or legalentities domiciled4n hisarearespectively, andshall report its results to the Minister three (3) months at the latestfrom the stipulation of this Minister Regulation. Article 9 (1) Every trawler operating in the waters of thenorthern part of East Kalimantan must be provided with signs by ships' owners. (2) Thesigning of the trawlerreferred to insub-article (1) shall be carried out with the following provisions: a. Material...!

4 SA 8. MMerialshall be of iron or steel plate of 50 (fifty) em long,10 (ten) cm wide and0.1 (zeropointone) GfT1 thick; b. Measurement ofletters and numbers shallbe eight (8) em tlli.nd tour (4' em wide. c. Must be Writt~n With emerging letters and numbers; d. Painted with white baseand blackletters; and e. Placed on the hull or top construction or on deck perpenolcular to ship. (3) The format of the sign of the trawler referred to in sub-artlde (1) and sub-artlde (2) is set forth in Attathment ti Ofthis MinisterRegulation. Article10 Everv travmr operatingin thewatersof the northern partofeastkalimantah are prohibitedto catch turtles. Article 11 Procedure on the issuanee of trawler permits by the Governor and Regent! Mayor referred to in article 6 sub-article (3) shallrefer to the procedure on the issuance of trawler permit by the Minister. Article 12 (1) AnyIndonesian peopleor legalentity committing violations on provisions of thisminister Requlatlon shall be imposed of administrative and/orcriminal sanctions. (2) The administrativesanctlonreferred to in sub-article (1) may be in the form Ofwritten warning, freezing or revocation of the permit by the permit granter. (3) The Imposing ofthe administrative sanction referred to in sub-article(2) shall beperformed in phases: a. written warningshallbe imposed of three(3) times consecutively, within a periodof one(1) month respectively to any Indonesianpeople or legalentity committingviolations; b. In the event the written warning referredto in letter a is not obeyed, then permit freezing shall. be imposed of for one (1) month; c. If the freezing referred to in sub-article (2) is not obeyed, thentne permit shallbe revoked. (4) The criminal sanctions referred to in sub-article (1) shall be exercised in accordance with statutory regulation. Article 13 The Minister, Governor, and/orregent/mayor perform control on the operations of trawlers in the waters-of the northern part of East Kalimantan in accordance with hisauthorityre$pectively. Article 14 The use of trawler in the waters of the northern part of EastKalimantan regulated in this MinisterRegulation shallbe evaluated eachyear by the DirectorGeneral, and its result shall bereported in writing to the Minister. Article 15 This Finance Minister Regulation comes to effect from the date ofstipulation. Forpubliccoqntzance, this Finance MinisterRegulation shall be announced in the State Gazette of the Republicof Indonesia. Stipulated in Jakarta On February26, 2008 THE MINISTER OFMARINE AND ASHERV Sgd FREDDY NUMBERI Business News / AttachmentI...

5 Example: 6A Signs ontrawlers AttachmentI Note: TR-PH-II-OOl TR/NN/BL/TT : Code of Tarakan/Nunukan/Bulungan/ Tana Tidung regencies /NN-OH-n-OOll PH 1/ II DOl, 002, etc : Code of Trawler : Code of catching Lane : Registration Number fromregency / City BL-OH-II-OOl Provisions on Trawler Signs: a. Material made of iron or steel plate of 50 (fifty) em In-OH-n-001! long, 10 (ten) em wide and 0.1 (zero point one) em thick; b. Measurement of letters and numbers shall be eight (8)cm tall and four (4) cm wide. e. Writtenwith emerging lettersand numbers; d. Painted with white base and blackletters; and e. Placed on the hull or top construction or on deckperpendicular to ship. -===(0)===- Business News /