Measured Fishing Regulated
On March 6, 2023, the Government enacted Government Regulation No. 11 of 2023 on Measured Fishing (the “Regulation”).
The Regulation is the legal basis for the measured fishing, which is a means to ensure the sustainability of fishery resources, provide welfare for fishermen, provide expansion and job opportunities, increase added value and competitiveness of fishery products, business certainty, and provide contribution to the business as well as the country.
We highlight below the key provisions of the Regulation.
- Measured Fishing Zones
Measured fishing zones comprise the State Fisheries Management Territory of the Republic of Indonesia (in Indonesian language, Wilayah Pengelolaan Perikanan Negara Republik Indonesia, or the “WPPNRI”) within the marine waters and the high seas. The WPPNRI within the marine waters is reserved for the Fishing Region and Restricted Fishing Region. While the WPPNRI within the high seas is reserved for the Fishing Region taking into account certain conditions as determined by the relevant Regional Fisheries Management Organization.
The Regulation sets out several types of the measured fishing zones, as follows:
- Fishing Quotas within Measured Fishing Zones
The fishing quotas are implemented within each WPPNRI. The quotas are calculated based on the potentially available fish resources and allowed number of captured fish considering the level of utilization of the fish resources. The fishing quotas are determined by the Minister of Marine and Fisheries (the “MOMF”).
The fishing quotas within the measured fishing zones consist of the (i) the industrial quota, (ii) the local fishermen quota, and (iii) the non-commercial activities quota.
Industrial Quotas
The industrial quota is given to any measured fishing zone beyond 12 (twelve) nautical miles. This industrial quota may be given to (i) an individual and (ii) a business entity in the form of a legal entity, based on an application. Individual here means the local and small-scale fishermen. While for the business entity, it may be in the form of limited liability company and cooperative, which having its business activities in the field of fisheries.
Please note that for a limited liability company that utilizes the industrial quota within zone 01, zone 02, zone 03, and zone 04, such company may be a domestic investment company (local company) or a foreign investment company. For the limited liability company that utilizes the industrial quota within zone 05 and zone 06, it must be a domestic investment company.
Local Fishermen Quotas
The local fishermen quota is given to any measured fishing zone of up to 12 (twelve) nautical miles. The local fishermen quota is given to (i) small scale fishermen preferably affiliated with cooperatives and non-small-scale fishermen, and (ii) a business entity in the form of a legal entity, based on an application. For the business entities, they may be limited liability companies or cooperatives which have fisheries as their business. Please note that in this case, a limited liability company may only be a domestic investment company (local company).
Non-Commercial Quotas
The non-commercial quota is given to any measured fishing zone of up to 12 (twelve) nautical miles and above 12 (twelve) nautical miles. This non-commercial quota may be given for any person, the central government or a local government who carry out the activities within the context of education, training, research or other scientific activities, as well as pleasure and tourism.
- Base Ports
Fishing vessels that carry out fishing activities within the measured fishing zones are required to land the captured fishes at the base ports that are specified within the relevant measured fishing zones. The fishing vessels may be granted a maximum of 5 (five) base ports located within the relevant measured fishing zones.
- Fishing Vessel Crew
Any person who carries out fishing activities within the measured fishing zones must assign Indonesian citizens as the following types of fishing vessel crew, (i) the Vessel captain, (ii) the Fishing master, (iii) the Officers, and (iv) the Vessel crew. In this regard, preference will be given to vessel crew who are domiciled in the administrative areas within the measured fishing zones based on their identity cards.
- Transportation of Captured Fish
Any person that carries out fishing activities within the measured fishing zone may conduct load transfer. In this regard, any person who conducts such load transfer must fulfill the following requirements:
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- Fishing vessels must use longline tuna fishing gears and tuna handlines; and
- Fishing vessels and fish transportation vessels must be a part of single business units.
For the loading between ports for inside and/or outside the measured fishing zones shall be conducted by a refrigerated fish cargo vessel with an Indonesian flag. While for the loading from ports to a country of destination, it shall be conducted by a refrigerated fish cargo vessel with an Indonesian or a foreign flag.
April 6, 2023
AKSET
Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) and Rizky Rakhmadita (rrakhmadita@aksetlaw.com) for further information.
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