GOVERNMENT REGULATION ON FISH QUARANTINE
As used in this regulation :
Any carrier imported into the territory of Republic of Indonesia shall be :
(1) Any carrier that is moved from one area to another within the territory of the Republic of Indonesia shall be :
(2) Obligation as mentioned in Section (1) shall apply to any carrier moved or transported from unfree area to free area of Quarantine Pests and Diseases of Fish.
(3) Determination of area as mentioned in Section (2) is done by the Minister based on the results of monitoring and surveillance of distributional area and risk analysis of Quarantine Pests and Diseases of Fish.
Any carrier to be exported from the territory of Republic of Indonesia shall be :
(1) In addition to obligated requirements as mentioned in Article 2, Article 3 and Article 4, in certain cases the Minister may issue additional obligations.
(2) Additional obligations as mentioned in Section (1) are in the form of technical requirement and/or management of disease.
(3) Additional obligations as mentioned in Section (1) are regulated further with Minister Decree.
(1) Any carrier imported into, or to be moved from area to another within, or transit in, the territory of Republic of Indonesia shall be subjected to the quarantine actions.
(2) Any carrier exported from the territory of Republic of Indonesia through the designated place of exit, shall be notified and presented to quarantine officer and be subjected to quarantine actions if required by destination country.
(3) Quarantine actions as mentioned in Section (2) and Section (2) includes inspection, isolation, observation, treatment, detention, refusal, destruction and release.
(4) Quarantine actions are perform by quarantine officer at the place of entry and/or exit, whether inside or outside of designated quarantine installation.
(5) Quarantine action as mentioned in Section (3) may be perform onboard of means of conveyance.
(1) For any entry of carrier which has form as :
(2) Regulation concerning quantity, type and size of baggage as mentioned in Section (1) Character a, regulate further with Minister Decree.
If the regulation as mentioned in Article 7 Section (1) can be carried out by the owner, the carrier shall be subjected to quarantine action.
(1) Quarantine action as mentioned in Article 8, is initiated by inspection.
(2) Inspection as mentioned in Section (1) is meant to inspect the completeness and accuracy of document and also to detect Quarantine Pests and Diseases of Fish.
(3) Inspection as mentioned in Section (2) is performed :
(4) Inspection as mentioned in Section (3) is carried out coordinatively with relevant institutions.
(1) The Inspection carried out after the carrier is unloaded from means of conveyance without attached Health Certificate and other documents of which required as additional requirement is conducted along with detention for maximum 3 (three) days.
(2) If in that period as mentioned in Section (1) the required documents have not been completed yet, the carrier shall be subjected to refusal.
(3) If after the 3 (three) days period of refusal, the carrier do not re-exported, it should be subjected to destruction.
The carrier that fulfilled the requirements or the owner could complete the requirement in period of time as mentioned in Article 10 Section (1), shall be under inspection to detect Quarantine Pests and Diseases of Fish.
If the result of inspection as mentioned in Article 11 states that the carrier is :
(1) If after being kept in isolation for observation as mentioned in Article 12 Character b, the carrier is :
(2) If after being subjected to treatment as mentioned in Section (1) Character b, the carrier is :
If after being subjected to treatment as mentioned in Article 12 Character d, the carrier :
(1) The carrier inspected onboard of means of conveyance that uncompleted by health certificate from country or area of origin and other documents that required as additional requirement shall be under detention for maximum 3 (three) days.
(2) If in the period of time as mentioned in Section (1) the required documents have not completed yet, the carrier shall be subjected to refusal.
(3) If in period of 3 (three) days after refusal, the carrier have not re-exported yet, it shall be subjected to destruction.
The carrier with complete documents or the owner can complete the requirements in the periods as mentioned in Article 15 Section (1); it shall be subjected to inspection in order to detect quarantine pests and diseases of fish.
(1) If the inspection of the carrier onboard of means of conveyance as mentioned in Article 16 shows that the carrier is :
(2) If the carrier as mentioned in Section (1) Character b and have unloaded from means of conveyance without any approvals from quarantine officer, it shall be subjected to destruction.
If after being subjected to inspection as mentioned in Article 17 Section (1) Character c, the carrier :
(1) If after being subjected to isolation and observation as mentioned in Article 17 Section (1) Character d, the carrier is :
(2) If after being subjected to treatment as mentioned in Section (1) Character c, the carrier :
(1) The responsible body of means of conveyance or their representative shall notify the arrival of their means of conveyance to quarantine officer at the place of entry in the following conditions :
(2) Upon arrival of means of conveyance as mentioned in Section (1) at places of entry, the responsible body of means of conveyance or its representative submits the list or information on the loaded cargo and other documents/declarations to quarantine officer at places of entry.
Concerning the means of conveyance as mentioned in Article 20, after arrival at places of entry, the inspection is carried out as far as there are strong reasons that the vehicle can be a source of quarantine pests and diseases of fish in following conditions :
(1) If after the inspection as mentioned in Article 21, it is found or suspected the existence of quarantine pests and diseases of fish, the means of conveyance shall be subjected to treatment.
(2) By considering the provision of Article 20 and Article 21, the cargo except person onboard of means of conveyance as mentioned in Section (1) is only allowed to be unloaded from it after being subjected to treatment.
(3) The treatment of person can be done onboard of means of conveyance, or after they get off from it.
(1) Any importation of the carrier that inappropriate arranged, or its ownership is unknown, shall be subjected to detention.
(2) If in 3 (three) days after detention the carrier as mentioned in section (1), such as live fish, fresh and frozen fish has not been arranged yet, or the ownership is still unknown, it should be subjected to destruction.
(3) Except for the carrier mentioned in Section (2), if in the period of 14 (fourteen) days after detention have not arranged yet, or its ownership remain unknown, it shall be subjected to refusal.
(4) If in the period of 14 (fourteen) days as mentioned in Section (3) the carrier has not been reexported from the territory of Republic of Indonesia, it should be subjected to destruction.
Further conditions concerning quarantine actions for entry of the carrier will be issues by Ministry Decree.
The carrier that will be transported from one area to another within the territory of Republic of Indonesia which in form of :
The carriers that will be exported from the territory of Republic of Indonesia which in form of :
After the carrier as mentioned in Article 25 and Article 26 has been presented to quarantine officers, it might be subjected to inspection.
If after being subjected to inspection, the carrier will be moved from one area to another within the territory of Republic of Indonesia is :
If after being subjected to isolation and observation as mentioned in Article 26 Character e, the carrier is :
If after being subjected to treatment as mentioned in Article 28 Character d or Article 29 Character b, the carrier :
If after being subjected to inspection, in fact, the carrier that will be exported from the territory of the Republic of Indonesia is :
If after being subjected to isolation and observation as mentioned in Article 31 Character e, the carrier was :
If after being subjected to treatment as mentioned in Article 31 Character d or Article 32 Character a, the carrier :
Further regulation concerning quarantine actions for exportation the carrier will be issued by Ministry Decree.
(1) To prevent the introduction and the spreading of quarantine pests and diseases of fish through means of conveyance of transit and the carrier to or from one area to another within, the territory of the Republic of Indonesia, the transit is allowed only at designated place of entry and exit.
(2) Upon the arrival of means of conveyance as mentioned in Section (1) at places of entry or exit, the responsible body of them or their legal representative shall notify the arrival of means of conveyance and the carrier to local quarantine officer.
(3) During transit, the carrier shall be under provision of quarantine officer.
(1) The carrier as mentioned in Article 35 Section (1) should be accompanied by a health certificate from area or country of origin.
(2) The carrier that requires an addition or replacement of water or oxygen and/or others should be notified and that activity should be carried out under provision of quarantine officer.
(3) The carrier that during transit is still wrapped or do not require the addition, replacement or others, is under supervision of quarantine officers.
(4) Packing materials, gears/tools, and water that used during transit shall be subjected to treatment or destruction.
(1) Concerning to the carrier as mentioned in Article 36 Section (2), which presumably have infected by quarantine pests and diseases of fish, or damaged, or in condition of decaying, the means of conveyance of transit shall be ordered to depart the transit area immediately.
(2) If at least 2 (two) days after received order to depart the transit area as mentioned in Section (1) and it have not departed yet, the carrier shall be subjected to destruction.
If the country or area of origin requires health certificate, the quarantine officer at places of transit obligates to carry out quarantine action as mentioned in Article 7 up to Article 23.
Concerning the means of conveyance of the carrier as mentioned in Article 37 section (1), which could not continue their journey, they shall be subjected to provisions as mentioned in Part Two, Article 21, Article 22 and Article 23.
(1) For the means of conveyance, that transit in outbreak country or area shall be subjected to quarantine actions.
(2) Transit of the carrier is originated from out breaking country or area is only allowed for means of conveyance.
Further regulation concerning quarantine actions for transit will be issued by Ministry Decree.
(1) If ships or air planes which are carrying the carrier was moored or landed at designated place of entry and exit because of emergency situation, the responsible body of ships/planes or their legal representative should report it immediately to quarantine officer at the nearest place of entry and exit.
(2) Unless for persistent reasons, loaded carrier, gears/tools. Other articles or materials on ship or planes are not allowed to unload from means of conveyance before have been inspected and permitted by quarantine officer.
(3) Concerning to the means of conveyance that moored or landed in emergency situation, which is unable to continue their journey, the loaded carrier will be subjected to regulation concerning the entry of carrier as mentioned in Part Two, Chapter III.
(4) If ships or planes that moored or landed in emergency situation are able to continue their journey, the loaded carrier will be subjected to regulation concerning transit of the carrier as mentioned in Article 35 up to Article 40, Part Four, and Chapter III.
Further regulation concerning quarantine actions for means or conveyance that moored or landed in emergency situation will be issued by Minister Decree.
(1) In certain situation, quarantine actions may be carried out outside the designated place of entry and exit.
(2) Quarantine actions as mentioned in Section (1) may be carried out either in or outside the designated quarantine installation.
(3) Upon the quarantine actions that carried out outside quarantine installation as mentioned in Section (2), the place of installation shall fulfills the requirement for being used for quarantine actions.
Quarantine actions as mentioned in Article 44 will prevail according to regulations as mentioned in Part Two and Part Three of Chapter III.
(1) Third party might carry out certain quarantine actions under agreement and supervision of quarantine officer.
(2) Ministry Decree will issue further regulation concerning quarantine actions by third party.
(1) Other carriers in form of garbage, which have contacted to fish that unloaded from means of conveyance at places of entry or exit should be subjected to destruction by responsible body of means of conveyance of their legal representative under supervision of quarantine officer.
(2) Destruction for other carriers as mentioned in Section (1) should be carried out without place of entry.
(3) Regulations as mentioned in Section (1) and Section (2) are carrying out coordinatively with and supported by relevant organization at places of entry.
(4) Concerning to the quarantine actions carried out outside place of entry and/or exit, and other carriers as mentioned in Section (1), the destruction should be carried out at places of which quarantine action have been carried out.
(1) Re-entry of the carrier that have been refused by destination country because unfulfill the designated quarantine requirement of destination country, or other reasons, the carrier may be subjected to quarantine actions according to regulations concerning the entry.
(2) Re-entry of the carrier as mentioned in Section (1) should accompany by refusal notification letter from destination country.
(3) Health certificate which accompanied by the carrier at places can be reused as quarantine requirement.
(4) After being subjected to quarantine actions according to regulations concerning the entry as mentioned in Section (1), the carrier can be released if they can fulfill the requirements.
(1) Re-entry of the carrier because of failing to fulfilled quarantine requirements at exit, the carrier should be subjected to destruction at place of entry or quarantine installation.
(2) Minister Decree will issue further regulations concerning the re-entry of the carrier as mentioned in Section (1).
Quarantine actions on diplomatic articles, which in form of the carrier will follow this government regulation.
(1) All quarantine actions on the carrier should be documented.
(2) Documents of quarantine actions as mentioned in Section (1) is issued by quarantine officer at the place of entry or exit.
(3) Documents of quarantine, which issued as mentioned in Section (2) shall be handed over to the owner or relevant party.
(4) To support the smooth running of the carrier at places of entry or exit, documents of quarantine actions can be handed over directly to the issuing officer or through electronic facilities to other institution requires mechanism of issuing.
(5) Further regulations concerning form, type and procedures of quarantine actions document will be issued under Minister Decree.
If it was found or identified that there is any sign of quarantine pests and diseases of fish in an area that previously known free from quarantine pests and diseases of fish, this area should be declared as quarantine zone.
(1) The Minister has the right to declare or revoke the declaration of quarantine zone by considering local district head opinions.
(2) While waiting the declaration of quarantine zone as mentioned in Section (1), district head can prohibit the entry or exit of the carrier to, or from, quarantine zone and control given quarantine pests and diseases of fish.
Concerning to the declaration of an area as quarantine zone :
Further regulations concerning requirements, criteria, and declaration and revocation procedure will be issued by Minister Decree.
(1) Pests and diseases of fish can be divided into Quarantine Pests and Diseases of Fish and Non Quarantine Pests and Diseases of Fish.
(2) Quarantine pests and diseases of fish, based on their hazardous level to conservation of fish resources, environment and human health can be divided into :
(3) Types of quarantine pests and diseases of fish as mentioned in Section (2) and their area of spreading and carrier, which based on mapping result of them, will be issued with Minister Decree.
To prevent the introduction to and/or dissemination from one area to another within, the territory of the Republic of Indonesia, The Minister decides the carrier which is prohibited to :
(1) To understand the spreading of quarantine pests and diseases of fish, the surveillance of the spreading of quarantine pests and diseases of fish is carried out within the territory of the Republic of Indonesia.
(2) The surveillance of quarantine pests and diseases of fish as mentioned in Section (1) can be carried out by involving relevant party.
(3) Further regulation concerning the development of quarantine pests and diseases of fish surveillance system as mentioned in Section (1) and Section (2) will be issued by Minister Decree.
(1) The designation of places of entry and exit have to consider the risk of the introduction and dissemination of quarantine pests and diseases of fish, spreading status of quarantine pests and diseases of fish, conservation basis of fisheries resources and the smoothness and development transportation system, trade and economic.
(2) The Minister decides the places of entry and exit for the carrier as mentioned in Section (1) after he/she has coordinated with other relevant Minister.
(1) The implementation of quarantine actions is carried out by quarantine officers.
(2) Quarantine officers as mentioned in Section (1) are Functional Controlling Official of Pests and Diseases of Fish that works at Quarantine Installation.
(1) In the implementation of quarantine actions, quarantine officers have authority to :
(2) In implementing the duties as mentioned in Section (1), the quarantine officers coordinates with relevant officer.
Further investigation of criminal acts in fish quarantine can be carried out by quarantine officers who have the authorization as Civil Servant Investigator according to regulation in effect.
(1) For implementation of quarantine actions, the government builds quarantine installation at places of entry and exit, or at other places if necessary.
(2) A quarantine installation as mentioned in Section (1) is provided with :
(3) Further regulation concerning quarantine installation as mentioned in Section (1) and Section (2) will be issued with Minister Decree.
(1) An individual or a corporate can establish a quarantine installation outside the place of entry and exit.
(2) Further regulation concerning quarantine installation as mentioned in Section (1) will be issued with Minister Decree.
(1) Any person or corporate who utilizes the services or facilities provided by the government for implementing quarantine actions will be subjected to quarantine service charge.
(2) Quarantine service charge as mentioned in Section (1) consists of :
(3) The amount of quarantines service charge and its collecting procedure will be issued with Minister Decree.
All revenues that earned from charges as mentioned in Article 65 are Non Tax Government Revenue (Indonesian: Penerimaan Negara Bukan Pajak [PNBP]) and will be deposit to Government Treasury according to regulation concerning non tax state revenue.
(1) The Minister undertakes the development of public awareness and participation in fish quarantine through planned and sustainable education, training, extension, dissemination of information activities.
(2) In implementing the activities as mentioned in Section (1), the Minister can involve professional organizations or non-governmental organization and other agencies.
(1) The Minister may carry out mutual cooperation with other countries on fish quarantine.
(2) Cooperation as mentioned in Section (1) can be carried out bilaterally, regionally and/or multilaterally.
All implemented regulations concerning fish quarantine, as long as they are not contra version of this Government Regulation is still in effect until the novel executive regulation that based on this Government Regulation has been issued.
This Government Regulation shall come into effect on the date of enactment. For public awareness, this regulation shall be published in the Government Gazette of The Republic of Indonesia.
Stipulated in Jakarta
pada tanggal April 23, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
sgd.
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
On April 23, 2002
THE MINISTER/STATE SECRETARY
sgd.
BAMBANG KESOWO