DECREE OF THE MINISTER OF MARINE AFFAIRS AND FISHERIES
No. KEP.04/MEN/2003

CONCERNING
REQUIREMENTS FOR EXPORT OF NENER (CHANOS-CHANOS BABIES)
FROM THE TERRITORY OF THE REPUBLIC OF INDONESIA

THE MINISTER OF MARINE AFFAIRS AND FISHERIES,

Considering :

• a. that nener (chanos-chanos babies) is a commodity that has potential to increase income;
• b. that nener production in Indonesia can be conducted through catching and cultivation, therefore, in addition to being able to meet domestic need, its production surplus can be exported;
• c. that in order to guarantee the fulfillment of domestic need for nener, it is necessary to stipulate requirements for export of nener (chanos-chanos babies) from the territory of the Republic of Indonesia, with a Ministerial Decree;

Referring to :

• 1. Law of the Republic of Indonesia No. 9/1985 concerning Fisheries (Statute Book of the Republic of Indonesia of 1985 No. 46, Supplement to Statute Book of the Republic of Indonesia No. 3299);
• 2. Law No. 22/1999 concerning Local Government (Statute Book of the Republic of Indonesia of 1999 No. 60, Supplement to Statute Book of the Republic of Indonesia No. 3839);
• 3. Presidential Decree of the Republic of Indonesia No. 228/M/2001;
• 4. Presidential Decree of the Republic of Indonesia No. 102/2001 concerning Status, Tasks, Functions, Authority, Organizational Structure and Working System of Departments as already amended by Decree of President of Republic of Indonesia No. 45/2002;
• 5. Presidential Decree of the Republic of Indonesia No. 109/2001 concerning Organization Unit and Tasks of Echelon I in Departments, as already amended by Decree of the President of the Republic of Indonesia No. 47/2002;
• 6. Decree of the Minister of Marine Affairs and Fisheries No. KEP.01/MEN/2001 concerning Organization and Working System of the Ministry of Marine Affairs and Fisheries as amended by Decree of the Minister of Marine Affairs and Fisheries No. KEP.30/MEN/2001;
• 7. Decree of Minister of Marine Affairs and Fisheries No. KEP.24/MEN/2002 concerning Systematization and Arrangement of Regulations within Ministry of Marine Affairs and Fisheries;

DECIDES:

To stipulate:

DECREE OF THE MINISTER OF MARINE AFFAIRS AND FISHERIES CONCERNING REQUIREMENTS FOR EXPORT OF NENER (CHANOS-CHANOS BABIES) FROM THE TERRITORY OF THE REPUBLIC OF INDONESIA.

Article 1

(1) Nener (chanos-chanos babies) productions can be obtained from:

• a. Catching from the waters;
• b. Cultivation in hatchery.

(2) Nener obtained from catching around the waters of Java and Madura Islands, Lampung, Kalimantan Selatan, Kalimantan Timur, Sulawesi Selatan, and Sulawesi Tenggara are prohibited to be exported from the territory of the Republic of Indonesia.

(3) Nener that can be exported from the territory of the Republic of Indonesia is those that originate from:

• a. Catching outside the territorial water as meant in paragraph (2) that has abundant production that are not yet utilized fully;
• b. Cultivation from the hatchery as meant in paragraph (1) letter b.

Article 2

Export of nener can b conducted through Airports outside the islands and provinces as meant in Article 1 paragraph (2).

Article 3

(1) Exportation of nener from the territory of the Republic of Indonesia must be furnished with Recommendation Letter from the Director General of Cultivated Fishery or his Representative.

(2) Recommendation Letter for exporting nener from the territory of the Republic of Indonesia as meant in paragraph (1) can be given to individual fishery entrepreneur or legal entity that possesses Fishery Business License.

(3) Recommendation Letter as meant in paragraph (1) is issued not later than 10 (ten) working days as from the application is received completely.

(4) If within the period as meant in paragraph (3) the Director General of Cultivated Fishery or his/her representative fails to respond, then the application is deemed approved, and thereafter, the Director General of Cultivated Fishery or his/her representative issues Recommendation Letter.

Article 4

(1) The fishery entrepreneur as meant in Article 3 paragraph (2) who will export nener from the territory of the Republic of Indonesia must have nener storage facility in the catching area for nener obtained from catching, and in the region that will be used to export it from the territory of the Republic of Indonesia for nener obtained from cultivation.

(2) Proof of ownership of nener storage facility as meant in paragraph (1) is specified in the certificate issued by he Head of Service Office of Regency/Municipality who is in charge of marine affairs and fishery by mentioning capacity of the facility in question.

Article 5

(1) Application for Recommendation Letter for exporting nener from the territory of the Republic of Indonesia is submitted by the fishery entrepreneur in writing or by facsimile to the Director General of Cultivated Fishery and furnished with:

• a. Copy of IUP;
• b. Certificate of ownership of nener storage facility in case obtained from catching, issued by the Service Office of Regency/Municipality who is in charge of marine affairs and fishery;
• c. Recommendation Letter of Export from the Service Office of Regency/Municipality who is in charge of Marine and Fishery and its carbon copy is sent to the Provincial Service Office who is in charge of marine affairs and fishery.

(2) The fishery entrepreneur who submits application by facsimile is obliged to send his/her original application Letter together with its attachments as meant in paragraph (1) not later than 7 (seven) working days as of the facsimile is sent.

(3) Recommendation Letter for exporting nener from the territory of the Republic of Indonesia is issued by the Director General of Cultivated Fishery or his/her representative, and as initial information, such a Recommendation Letter can be submitted to the applicant to the applicant via fax.

(4) The original Recommendation Letter must be in possession of the relevant fishery entrepreneur to process the importation of nener from the territory of the Republic of Indonesia.

(5) The Recommendation Letter as meant in paragraph (3) specifies:

• a. Number of nener ;
• b. Region of origin of nener;
• c. Airport of export; and
• d. Validity term of the Recommendation Letter.

(6) The Recommendation Letter as meant in paragraph (3) is valid:

• a. for 6 (six) months; or
• b. less than 6 (six) months if the number of nener as meant in paragraph (5) runs out.

Article 6

The granting of Recommendation Letter for export of nener from the territory of the Republic of Indonesia by the Director General of Cultivated Fishery or his/her representative, can be conducted after the domestic need is fulfilled and not obstructing potency of the region of origin of the nener.

Article 7

(1) The fish quarantine officer in the Airport of the place of export shall examine:

a. Recommendation Letter as meant in Article 3 paragraph (1);

b. Certificate of Origin (Surat Keterangan Asal / SKA) as meant in Article 1 paragraph (4).

(2) If the requirements as meant in paragraph (1) are not met, the fish quarantine officer refuses the export of nener.

Article 8

(1) In addition to examination as meant in Article 7, for implementation of provisions in this Decree, control is conducted.

(2) Control as meant in paragraph (1) is coordinated by the Director General who is in charge of control of marine and fishery resources in accordance with the prevailing statutory regulations.

Article 9

Upon enactment of this Decree, Decrees of the Minister of Agriculture No. 382/Kpts/TK.240/6/1987 concerning Requirements for Export of Nener (Chanos-chanos babies) from the territory of the Republic of Indonesia, is declared null and void.

Article 10

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

Stipulated in Jakarta
on March 28, 2003

MINISTER OF MARINE AFFAIRS AND FISHERIES,
Sgd.
ROKHMIN DAHURI