DECREE OF MINISTER OF MARINE AFFAIRS AND FISHERIES
No. KEP.42/MEN/2003

CONCERNING
REQUIREMENTS FOR IMPORTATION OF LIVE FISH

Considering :

• a. that fishery resource is very potential for national development in order to develop living standard, prosperity and welfare of the people;
• b. that imported live fish may carry pests and diseases of fish which may cause serious environmental loss;
• c. that based on above mentioned facts it is deemed necessary to arrange requirements for importation of live fish by Decree of Minister;

Referring to:

• 1. Law of the Republic of Indonesia No. 9/1985 concerning Fisheries;
• 2. Law of the Republic of Indonesia No. 16/1992 concerning Animal, Fish and Plant Quarantine;
• 3. Government Regulation No. 15/2002 concerning Fish Quarantine;
• 4. Decree of the President of the Republic of Indonesia No. 228/M/2001;
• 5. Decree of the President 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;
• 6. Decree of the President 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;
• 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;
• 8. Decree of Minister of Marine Affairs and Fisheries No. KEP.29/MEN/2002 concerning Organization and Working System of Fish Quarantine Operational Units;
• 9. Decree of Minister of Marine Affairs and Fisheries No. KEP.05/MEN/2003 concerning Organization and Working System in Ministry of Marine Affairs and Fisheries;

HAS DECIDED :

To stipulate :

DECREE OF MINISTER OF MARINE AFFAIRS AND FISHERIES CONCERNING REQUIREMENTS FOR IMPORTATION OF LIVE FISH

Article 1

As used in this Decree:

• 1. Importation means importing of carrier media from outside Territory of Republic of Indonesia;
• 2. Carrier media means fish and/or other material that may carry quarantine pests and diseases of fish;
• 3. Carrier media owner further referred to as the owner means persons or legal institution that posses carrier media and/or who has responsibility for importation of carrier media;
• 4. Minister is Minister of Marine Affairs and Fisheries.

Article 2

(1) Importation of live fish as carrier media is allowed through places which have been designated by Minister.

(2) Fish quarantine officer shall refuse all importations of live fish which disobey provision as mentioned in paragraph (1).

(3) If within 3 (three) days after refusal carrier media is not exported, it shall be subjected to destruction by quarantine officer.

Article 3

(1) Importation of carrier media as mentioned in Article 2 is by approval letter from Director General of Aquaculture or Assigned Officer.

(2) Issuing of approval letter as mentioned in paragraph (1) depends on request letter of the owner to Director General of Aquaculture.

(3) Request letter is applied directly or by facsimile during working day and enclosed by recommendation from the director of local fisheries service.

(4) No longer than 10 (ten) days after application is completed approval letter as mentioned in paragraph (1) and paragraph (2) has to be granted to the requester by facsimile.

(5) If during period as mentioned in paragraph (4) Director General of Aquaculture or assigned officer does not approve, the request letter shall be deemed approved and Director General of Aquaculture or assigned officer has to issue approval letter within no longer than 5 (five) days after the time passed thereof.

Article 4

Every importation of live fish as mentioned in Article 2 shall be subjected to fish quarantine actions, which has been enacted by ministerial decree.

Article 5

Fish quarantine officer is obliged to:

• a. conduct inspection on approval letter as mentioned in Article 3;
• b. inspect the conformity of data on approval letter as mentioned in point a with owner identity, entry point, kind, size and amount of carrier media;
• c. conduct refusal and/or destroying if importation documents is not conforming to provisions in this Decree.

Article 6

Re-import of carrier media that refused by destination country can be carried out without approval letter as mentioned in Article 3 but no longer than 7 (seven) days since date of consignment thereof.

Article 7

By the issuance of this Decree, other provisions that are in contravention with this Decree declared inoperative.

Article 8

This Decree shall come into effect on the date of issuance.

Stipulated in Jakarta
On November 14, 2003

MINISTER OF MARINE AFFAIRS AND FISHERIES,
sgd
ROKHMIN DAHURI