DECREE OF THE MINISTER OF TRADE
No. 94/Kp/V/95

CONCERNING
THE BAN ON THE EXPORT OF NAPOLEON WRASSE (CHEILINUS UNDULATUS) FISH

THE MINISTER OF TRADE,

Considering :

1. that the catching of Napoleon Wrasse (Cheilinus Undulatus) fish has so far been conducted by using methods which can cause destruction to the ecosystem of coral reefs and other marine biotas;
2. that within the framework of developing and conserving fish resources and the ecosystem of coral reefs, it is deemed necessary to stipulate a ban on the export of Napoleon Wrasse (Cheilinus Undulatus) fish caught without the licence of the Minister of Agriculture.

In view of :

1. Law No.4/1982 on the principles of management of the environment (Statute Book of 1982 No.12, Supplement to Statute Book No.3215);
2. Law No.9/1985 on fisheries (Statute Book of 1985 No.46, Supplement to Statute Book No.3299);
3. Law No.5/1990 on the conservation of biological natural resources and their ecosystem (Statute Book of No.49, Supplement to Statute Book No.3419);
4. Government Regulation No.1/1982 on the realisation of exports, imports and the flow of foreign exchange (Statute Book of 1982 No.1, Supplement to Statute Book No.3210) as already amended by Government Regulation No.24/1985 (Statute Book of 1985 No.33, Supplement to Statute Book No.3291);
5. Presidential Decree No.260/1967 on the definition of the task and responsibility of the Minister of Trade in field of foreign trade;
6. Presidential Decree No.15/1984 on the organisational structure of ministries as already several times amended, the latest by Presidential Decree No.2/1995;
7. Presidential Decree No.96/M/1993 on the establishment of the sixth Development Cabinet;
8. The Decree of the Minister of Trade and Cooperatives No.27/Kp/I/82 on general provisions in the export sector;
9. The Decree of the Minister of Trade No.331/Kp/XII/87 on the simplification of provisions in the export sector;
10. The Decree of the Minister of Agriculture No.375/Kpts/IK.250/5/95 on the prohibition against Napoleon Wrasse (Cheilinus Undulatus) fish catching.

Taking into account :

1. The Presidential Directive dated November 5, 1994;
2. The letter of the State Minister for Environment Affairs No.B-2049/MNLH/II/94 dated November 7, 1994 on the prohibition against Napoleon Wrasse (Cheilinus Undulatus) fish catching and trading.

DECIDES:

To stipulate :

THE DECREE OF THE MINISTER OF TRADE ON THE BAN ON THE EXPORT OF NAPOLEON WRASSE (CHEILINUS UNDULATUS) FISH.

Article 1

Referred to herein as Napoleon Wrasse (Cheilinus Undulatus) fish shall be the fish under HS No.EX.0301.99.100 and EX.0301.99.900, live or dead, as well as parts and products thereof.

Article 2

A ban shall be imposed on the export of Napoleon Wrasse (Cheilinus Undulatus) fish as meant in Article 1 of this decree except those caught with the license of the Minister of Agriculture.

Article 3

Any violation of the provisions in this decree and its implementation rules shall be subject to sanctions pursuant to Law No.4/1982 on the principles of management of the environment and Law No.9/1985 on fisheries.

Article 4

This decree shall come into force as from the date of stipulation.

Stipulated in Jakarta
On May 24, 1995

THE MINISTER OF TRADE,
sgd.
S.B. JOEDONO

DECREE OF THE MINISTER OF TRADE No. 94/Kp/V/95

CONCERNING THE BAN ON THE EXPORT OF NAPOLEON WRASSE (CHEILINUS UNDULATUS) FISH