THE DECREE OF MINISTER OF MARINE AFFAIRS AND FISHERIES NUMBER NO.

13/MEN/2004 REGARDING CONTROLLING GUIDELINES FOR ANDON FISHERMEN FOR THE PURPOSE OF FISH RESOURCE MANAGEMENT

THE MINISTER OF MARINE AFFAIRS AND FISHERIES

Considering:

a. that utilization of fish resources by andon fishermen is exercised by roaming the waters from one area to another following fish migratory patterns and climatory condition of waters; b. that utilization of fish resources in a roaming manner as described in point a, if not managed and controlled has the potential to give rise to conflict between the fishermen as well as not in accordance with a fish resource management principle that is of a planned and responsible manner; c. that based on the aforementioned considerations above, it is deemed necessary to establish a guideline for controlling andon fishermen for the purpose of fish resource management, in a Ministerial Decree;

In view of:

1. Law No 5 of 1983 regarding Indonesian Exclusive Economic Zone (State Gazette of 1983 No 44, Supplemental State Gazette No 3260); 2. Law No 9 of 1985 regarding Fisheries (State Gazette of 1985 No 46, Supplemental State Gazette No 3299); 3. Law No 17 of 1985 regarding The Ratification of United Nations Convention on The Law of The Sea (State Gazette of 1985 No 76, Supplemental State Gazette No 3319); 4. Law No 5 of 1990 regarding The Preservation of Living Resources and Their Ecosystems (State Gazette of 1990 No 49, Supplemental State Gazette No 3419); 5. Law No 6 of 1996 regarding Indonesian Waters (State Gazette of 1996 No 73, Supplemental State Gazette No 3647); 6. Law No 22 of 1999 regarding Regional Government (State Gazette of 1999 No 60, Supplemental State Gazette No 3839);

7. Government Regulation No 15 of 1984 regarding Management of Living Resources in Indonesian Exclusive Economic Zone (State Gazette No 23 of 1984, Supplemental State Gazette No 3275); 8. Government Regulation No 19 of 1999 regarding Marine Contamination and/or Damage (State Gazette of 1999 No 32, Supplemental State Gazette No 3816); 9. Government Regulation No 25 of 2000 regarding Government Authority, Provincial Authority as an Autonomous Region (State Gazette of 2000 No 54, Supplemental State Gazette No 3952); 10. Government Regulation No 54 of 2002 regarding Fishery Enterprises (State Gazette of 2002 No 100, Supplemental State Gazette No 4230); 11. Presidential Decree No 228/M of 2001; 12. Presidential Decree No 102 of 2001 regarding Status, Duties, Functions, Authority, Organizational Divisions and Departmental Procedures, as amended by Presidential Decree No 45 of 2002; 13. Minister of Marine Affairs and Fisheries Decree No KEP.24/MEN/2002 regarding The Procedures and Formulation Techniques of Statutory Regulations in Realm of the Department of Marine Affairs and Fisheries; 14. Minister of Marine Affairs and Fisheries Decree No KEP.05/MEN/2003 regarding the Organization and Procedure of the Department of Marine Affairs and Fisheries; 15. Minister of Marine Affairs and Fisheries Decree No KEP.10/MEN/2003 regarding Fish Capture Business Licensing;

HAS DECIDED:

To stipulate:

DECREE

OF

THE

MINISTER

OF

MARINE

AFFAIRS

AND

FISHERIES

REGARDING GUIDELINES FOR CONTROLLING ANDON FISHERMEN FOR THE PURPOSE OF FISH RESOURCE MANAGEMENT.

CHAPTER I GENERAL PROVISIONS

Article 1 For the purpose of this Decree: 1. A fishermen is an individual with a livelihood of fish catching.

2. An andon fishermen is a fishermen with conducting fish catching activities in the sea utilizing a fishing vessel with a measurement of not more than 30 (thirty) Gross Tonnage (GT) or with an engine powering not more than 90 (ninety) Horse Power (DK) with moving or shifting capture zones such that the fishermens base or short term base or extended period base of operations is centered in ports outside of their area of origin. 3. Fishery is all activities related to the management and utilization of fish resources. 4. Fish resources are all types of fish including all other aquatic biota as referred therein Law No. 9 of 1985 regarding Fishery. 5. Fish resource management is all efforts leading to an optimal and sustainable utilization of fish resources. 6. Utilization of fish resources are the activities of the capture of fish and/or the breeding of fish. 7. Capture of fish has the objective of acquiring fish not in a breeding state by employing a tool or any other means, including employing a vessel to load, transport, store, chill, process, or preserve it. 8. A fishing vessel is a ship or boat or any other floating device that is used in conducting fishing including fishery surveys and exploration. 9. Fishing Business License (IUP) is a mandatory license document for fishery companies conducting fishery business with production facilities as stated in the aforementioned license. 10. Fish Capture Permit (SPI) is a mandatory permit for fishing vessels conducting fishing activities which is an integral part of an IUP. 11. The Director General is the Director General of Capture Fisheries. 12. Agency is the agency responsible for the fisheries field.

CHAPTER II INTENT AND OBJECTIVE Article 2 (1) This guideline is formulated with the intention as a reference for Provincial or Regency/Municipal Agencies in structuring and controlling andon fishermen and as a provision for the management of Fish Resources (SDI) which must be complied by andon fishermen in utilizing the fish resources. (2) This guideline is formulated with the purpose so as the activities of fish capture by andon fishermen is conducted in an orderly and controlled manner, in accordance with a responsible fishery management principle and does not give rise to conflict between andon fishermen.

CHAPTER III LICENSE FOR ANDON FISHERMEN Article 3 (1) Every andon fishermen conducting fish capturing activities in the Indonesian fishery management area is obligated to acquire a license. (2) The license as referred therein paragraph (1) encompasses: a. A Fish Business License (IUP); b. A Fish Capture Permit (SPI).

Article 4 (1) The obligation to posses a license as referred therein Article 3 paragraph (1), is exempted for andon fishermen possessing and employing 1 (one) fishing vessel unit measuring up to 5 (five) Gross Tonnage (GT) and/or with an engine powering not more than 15 (fifteen) Horse Power (DK). (2) The andon fishermen as referred therein paragraph (1) is obligated to register the vessel with the Provincial or Regency/Municipal agency where the andon fishermen are domiciled.

Article 5 (1) The Provincial or Regency/Municipal agency may perform the registration as referred therein Article 4 in accordance with the main duties and responsibility of the aforementioned. (2) The activity of vessel registration as referred therein paragraph (1) is conducted for development purposes and in the interest of fish resource management.

CHAPTER IV REQUIREMENTS AND PROCEDURES FOR ANDON FISHERMEN Article 6 (1) The andon fishermen in conducting their fish capture activities employing a non-motorized fishing vessel, a fishing vessel with an external motor, or a motorized fishing vessel measuring no more than 5 (five) Gross Tonnage (GT) and/or with an engine powering not more than 15 (fifteen) Horse Power (DK), must register annually their business activities with the local agency. (2) The andon fishermen in conducting their fish capture activities employing a non-motorized fishing vessel, a fishing vessel with an external motor, or a motorized fishing vessel measuring no more than 10 (ten) Gross Tonnage (GT) and/or with an engine powering not more than 30 (thirty) Horse Power (DK), is obligated to posses: a. A photocopy of the IUP; b. An SPI; c. An andon fishermen Identification Card;

Of which is issued by the Regency/Municipal agency where the andon fishermen are domiciled. (3) The andon fishermen in conducting their fish capture activities employing a non-motorized fishing vessel, a fishing vessel with an external motor, or a motorized fishing vessel measuring more than 10 (ten) Gross Tonnage (GT) and up to 30 (thirty) Gross Tonnage (GT) and/or with an engine powering not more than 90 (ninety) Horse Power (DK), is obligated to posses: a. A photocopy of the IUP; b. An SPI; c. An andon fishermen Identification Card;

Of which is issued by the Regency/Municipal Agency where the andon fishermen are domiciled.

Article 7 (1) The andon fishermen as referred therein Article 6 paragraph (2) are obligated to report their arrival to the Regency/Municipal agency or through the local Head of the Fishery Port, by showing the andon fishermen Identification Card. (2) The Head of the Fishery Port in receiving the arrival report of the andon fishermen as referred therein paragraph (1), shall consequently convey the arrival report to the Head of the Regency/Municipal Agency as referred therein paragraph (1). (3) On the basis of the arrival report as referred therein paragraph (1) or paragraph (2), the Regency/Municipal agency shall issue an andon fishermen statement letter with copies to the Regency/Municipal agency where the andon fishermen are domiciled.

Article 8 (1) The andon fishermen as referred therein Article 6 paragraph (3) are obligated to report their arrival to the Provincial agency or through the local Head of the Fishery Port, by showing the andon fishermen Identification Card. (2) The Head of the Fishery Port in receiving the arrival report of the andon fishermen as referred therein paragraph (1), shall consequently convey the arrival report to the Head of the Provincial Agency as referred therein paragraph (1). (3) On the basis of the arrival report as referred therein paragraph (1) or paragraph (2), the Provincial agency shall issue an andon fishermen statement letter with copies to the Provincial agency where the andon fishermen are domiciled.

Article 9 The form and format of the andon fishermen Identification Card as referred therein Article 6 paragraph (2) letter c and paragraph (3) letter c as well as the andon fishermen arrival reporting procedure as referred therein Article 7, will be further determined by respective Heads of the Provincial and Regency/Municipal Agencies.

CHAPTER V OBLIGATIONS AND RIGHTS OF ANDON FISHERMEN Article 10 (1) Andon fishermen are obligated to: a. Possess an IUP and SPI; b. Possess an andon fishermen Identification Card; c. Report their arrival;

d. Report the result their fish capture; e. Comply with local customs and the rules and regulations of the area they are visiting; also f. Maintain a good relationship with the local fishermen.

(2) Andon fishermen have the right: a. To be treated equally with the local fishermen; b. To receive guidance and development from the local Provincial and Regency/Municipal agency or from the area of origin of the andon fishermen.

CHAPTER VI DEVELOPMENT Article 11 (1) The Provincial and Regency/Municipal Agencies shall conduct development for the andon fishermen in their respective regions. (2) The development referred to in paragraph (1) shall encompass counseling, training, and socialization. (3) To boost the structuring and development of andon fishermen, the respective Provincial and Regency/Municipal agencies may form a cooperation.

Article 12 (1) The Provincial and Regency/Municipal Agencies independently and jointly shall monitor and evaluate in accordance to their respective authority. (2) The monitoring and evaluation results referred to in paragraph (1) shall be reported to Governor and Regent/Mayor with copies to the Director General in no less than every 4 (four) months.

CHAPTER VII OTHER PROVISIONS Article 13

(1) Provincial and Regency/Municipal Agencies may refuse entry to andon fishermen, if the aforementioned failes to comply with the stipulation set forth in this Decree. (2) The refusal referred to in paragraph (1) is informed to the Provincial and Regency/Municipal Agency where the andon fishermen are domiciled.

CHAPTER VIII CLOSING

Article 14 This decree shall come into effect on of the day of enactment. Issued in Jakarta on 8 of March 2004 THE MINISTER OF MARINE AFFAIRS AND FISHERIES, signed ROKHMIN DAHURI
th

Copies are in accordance with originals Head of Legal and Institutional Affairs NARMOKO PRASMADJI No 1. Official Secretary General Head of Legal and Institutional Affairs Initials No 1. Official Director General of Capture Fisheries Initials

2.