DECREE OF THE MINISTER OF MARINE AFFAIRS AND FISHERIES CONCERNING QUARANTINE ACTION FOR THE IMPORTATION OF FISH PEST AND DISEASE CARRIER MEDIA FROM ABROAD INTO OTHER AREAS WITHIN THE TERRITORY OF THE REPUBLIC OF INDONESIA.
As used in this Decree:
(1) Fish quarantine action hereinafter referred to as quarantine action means activities carried to prevent the entry or spread of pests and diseases of Quarantine fish from abroad and from one area into another area within the territory of the Republic of Indonesia.
(2) Fish quarantine officer hereinafter referred to as quarantine officer means a certain State Employee which is assigned with conducting quarantine action based on the prevailing statutory regulations.
(3) Quarantine fish pest and disease carrier media hereinafter referred to as carrier media means fish and/or other material that may carry quarantine pests and diseases of fish.
(4) Importation means importing of carrier media from outside Territory of Republic of Indonesia or from an area into another area within the territory of the Republic of Indonesia.
(5) Fish means any and all water biota whose part or all of their life are in the water, either in alive or death, including parts thereof.
(6) Other materials mean carrier media other than fish that are potential to spread out pests and diseases of quarantine fish.
(7) Health Certificate means official document signed by quarantine officer or competent official in the country of origin or transit stating that the carrier media listed in it is not infected by pests and diseases of quarantine fish and/or the fish pest and diseases as stipulated.
(8) Certificate of Release means official document signed by quarantine officer stating that carrier media listed in it is not infected with or free from pests and diseases of quarantine fish.
(9) Certificate of Entry into Quarantine Facility means official document signed by quarantine officer in the place of entry stating that the carrier media shall immediately be brought into the quarantine facility for quarantine action.
(10) Temporary Detention Letter means official document signed by quarantine officer stating that detention is conducted against the carrier media in the place of entry because of not yet being equipped fully with the required quarantine documents and the stipulated additional requirements.
(11) Refusal Letter means an official document signed by quarantine officer in the place of entry stating not permitting the entry of carrier media, due to the relevant carrier media is not free or cannot be freed from pests and diseases of quarantine fish or not complying with other requirements.
(12) Minutes of Destruction means an official report made and signed by the quarantine officer and the owner or his/her proxy in the place of entry certifying that a destruction of carrier media that has been imported has been conducted, either due to not free or not able to be freed from pests and diseases of quarantine fish or due to not complying with the quarantine requirements and other requirements.
(13) Minister is the Minister of Marine Affairs and Fisheries.
(14) Head of Center is the Head of Center for Fish Quarantine.
(1) Any importation of carrier media from abroad into the territory of the Republic of Indonesia is obliged to:
(2) Provision as meant in paragraph (1) are also applicable to importation of carrier media from one area into another area within the territory of the Republic of Indonesia, provided that a Health Certificate is issued by the quarantine officer in the place of export and/or in the place of transit.
The Minister can stipulate additional obligations and/or other requirements for entryof carrier media from abroad into the territory of the Republic of Indonesia and fromone area into another area within the territory of the Republic of Indonesia.
For every importation of carrier media in the form of :
(1) If the provisions as meant in Article 4 are fulfilled by the owner of carrier media, then the carrier media is subjected to quarantine action.
(2) If the provisions as meant in Article 4 letters c and d are not fulfilled by the owner of carrier media, then the quarantine officer can refuse such a carrier media.
(1) Quarantine Action as meant in Article 5 shall begin with inspection of documents by the quarantine officer when the carrier media arrives as the place of entry.
(2) Inspection as meant in paragraph (1) can be conducted on board of the transport facility or after the carrier media has been unloaded from the transport facility.
(3) Inspection as meant in paragraph (1) is aimed to know completeness, validity, and correctness of contents of the document.
(4) Document is deemed complete is the entire contents of the types of documents that are required or obliged are fulfilled.
(5) Document is deemed valid if the document originating from the country of origin or country of transit is issued by the competent authority and constituting original document.
(6) Document is deemed correct if the contents of the document conform to the type and quantity of carrier media.
(1) Any entry of carrier media that fails to fulfill the completeness of document that are required or obliged as meant in Article 6 are detained for 3 (there) days in maximum to give the owner opportunity to complete the document in question.
(2) If within the 3 (three) days period as meant in paragraph (1), the completeness of document is not fulfilled, then the carrier media is refused.
(3) If within 3 (three) days as from the refusal, the carrier media is nor redelivered, the carrier media is destroyed.
(1) For purpose of sample and/or reserve in the event of death or damage in the carrier media, the owner can import carrier media exceeding the quantity as specified in the document, until maximum 5% (five percent).
(2) If the quantity of carrier media imported exceeds the provision as meant in paragraph (1), then such an excess is refused.
(1) In the event of any difference between the type of carrier media that are imported and those that are listed in the document, then the carrier media is refused.
(2) If within 3 (three) days after refusal, the carrier media is not redelivered, the carrier media is destroyed.
(1) If the carrier media is compliant or the owner can comply with the requirements within the period as meant in Article 7 paragraph (1), then the carrier media is examined to detect the pests and diseases of quarantine fish.
(2) Examination as meant in paragraph (1) can be conducted on board of the transport facility or after the carrier media has been unloaded from the transport facility.
(1) If, upon examination on board of the transport facility as meant in Article 10 paragraph (2), it appears that the carrier media is:
(2) If the carrier media as meant in paragraph (1) letter b cannot be delivered back, then such a carrier media is destroyed.
(3) If the carrier media as meant in paragraph (1) letter b has been unloaded from the transport facility without consent of the quarantine officer, then such a carrier media is destroyed.
If, after treatment as meant in Article 11 paragraph (1) letter c has been given, it appears that the carrier media:
(1) Unloading of the carrier media from the transport facility as meant in Article 11 paragraph (1) letter d, can be conducted in consideration of, among other things, as follows:
(2) Carrier media that has been unloaded from the transport facility as meant in paragraph (1), must be sent immediately to the quarantine facility under escort of quarantine officer in the framework of isolation.
(1) During isolation as meant in Article 11 paragraph (1) letter d and Article 13, hereinafter referred to as quarantine period, the carrier media observed/examined to detect development of pests and diseases of quarantine fish both on clinic and laboratory basis.
(2) In order to detect the development of pests and diseases of quarantine fish on laboratory basis as meant in paragraph (1), sample of carrier media is taken by the quarantine officer.
(3) Quarantine period as meant in paragraph (1) is maximum 15 (fifteen) days, and cab be extended by the quarantine officer if necessary.
(1) If, after observation as meant in Article 11 paragraph (1) letter d and Article 14 paragraph (1), it appears that:
(2) If after treatment as meant in paragraph (1) letter c, it appears that the carrier media:
Provision on quarantine action to the carrier media as meant in Articles 14 and 15, can be implemented on board of the transport facility upon consent of the Head of Center based on the following consideration:
If, upon examination after the carrier media is unloaded from the transport facility as meant in Article 10 paragraph (2), it appears that the carrier media is:
If the examination to detect the pests and diseases of quarantine fish when the carrier media is being unloaded can not be conducted, then such a carrier media is immediately sent to the fish quarantine facility under escort of quarantine officer in the framework of isolation for observation.
To the carrier media as meant in Article 18, provisions as meant in Articles 14 and 15 shall prevail.
Quarantine actions as meant in Articles 6 through 19 are also applicable to the importation of carrier media from one area into another area within the territory of the Republic of Indonesia.
(1) Any import of carrier media that is not arranged or whose owner is unknown is detained.
(2) To carrier media as meant in paragraph (1) in the form of live fish, died fish and/or frozen fish, if not arranged or whose owner is unknown within 3 (three) days as from the detention, then it is destroyed.
(3) To the carrier media other than as meant in paragraph (2), if not arranged or whose owner is unknown within 14 (fourteen), then it is refused.
(4) If within the 14 (fourteen) days as from the refusal as meant in paragraph (3), the carrier media is not released from the territory of the Republic of Indonesia, then the carrier media is destroyed.
(1) Detention of carrier media shall be conducted in the quarantine facility which has been determined or in other places.
(2) Other places as meant in paragraph (1) are, among others, the owners building or storage place, transport facility, quays, cold storage, or containers.
(3) Other places as meant in paragraph (1) and paragraph (2) are stipulated by the Head of Center.
(1) Reimport of carrier media that is refused from abroad due to not fulfilling quarantine requirements as stipulated by the State of origin and/or for other reasons, is subjected to quarantine action in accordance with provision on importation.
(2) Reimport of carrier media as meant in paragraph (1), must be accompanied with certificate of refusal from the State of origin.
(3) Health Certificate accompanying the carrier media when exportation can be reused as a quarantine requirement.
(4) After quarantine action in accordance with the provision on importation as meant in paragraph (1), then the carrier media, is complies with the requirements, can be released.
(1) In the event of reimport of carrier media for reason of not fulfilling quarantine requirements when exportation, the carrier media is destroyed in the place of entry or in the quarantine facility.
(2) Included in the meaning of not fulfilling quarantine requirements as meant in paragraph (1) is due to not reported, not examined, not passing through the determined places, and/or smuggled.
(3) Destruction of carrier media as meant in paragraph (1) shall take into consideration the carrier media that are protected under the prevailing statutory regulations and the provisions on examination of pests and diseases of quarantine fish.
(4) Further provisions regarding with destruction as meant in paragraph (1) and paragraph (3) are stipulated by the Head of Center.
(1) In addition to conduct quarantine action, the quarantine officer is authorized to:
(2) In executing authorities as meant in paragraph (1), the quarantine officer coordinates with the related agencies.
(1) Carrier media in the form of rubbish, that have ever related with fish unloaded from the transport facility in the place of entry or place of transit, must be destroyed by the person responsible of the transport facility or his/her proxy under supervision of the quarantine officer.
(2) Destruction of carrier media as meant in paragraph (1) must be conducted within the territory of entry place.
(3) Provisions as meant in paragraph (1) and paragraph (2) is conducted through coordination and assistance of related agencies in the place of entry.
(4) In case the quarantine action is conducted outside the place of entry and carrier media as meant in paragraph (1) is still existent, then destruction is conducted in the place where quarantine action is carried out.
(5) Further provision regarding with destruction of carrier media as meant in paragraph (1), paragraph (2), paragraph (3) , and paragraph (4) are stipulated by the Head of Center.
To the diplomatic goods in the form of carrier media, quarantine action is conducted as provided for in this Decree.
Quarantine officer is indemnified from any claim for compensation on damages and/or death of fishes as a result of implementation of quarantine action, as long as the quarantine action is conducted in accordance with the prevailing provisions.
(1) Every destruction of carrier media shall be witnessed by the owner or his/her proxy, other agencies concerned with the destruction, the results of which shall be specified in the Minutes of Destruction.
(2) If the owner or his/her proxy as meant in paragraph (1) is absent, the destruction is remain conducted.
(3) For the carrier media that is destroyed as meant in paragraph (1), the owner or his/her proxy can not claim for any compensation.
(1) Any and all costs incurred from the implementation of quarantine action are charged to the owner of carrier media or his/her proxy.
(2) Any and all revenues resulted from the costs as meant in paragraph (1) constitute non-tax state revenue that must be remitted to the State Treasury.
Upon enactment of this Decree, all Decrees of the Minister of Agriculture No. 265/KPTS/LB.730/5/1986 of Quarantine Requirements for Entry of Life Fish into the territory of the Republic of Indonesia is declared null and void.
This Decree shall come into force as from the date of stipulation.
Stipulated in Jakarta
On June 9, 2003
MINISTER OF MARINE AFFAIRS AND FISHERIES,
sgd
ROKHMIN DAH