REGULATION OF MINISTER OF MARINE AFFAIRS AND FISHERIES
No. PER.03/MEN/2005

CONCERNING
QUARANTINE ACTION BY THIRD PARTY

MINISTER OF MARINE AFFAIRS AND FISHERIES,

Considering :

• a. that in order to implement Article 46 Government Regulation No. 51/2002 concerning Fish Quarantine, it is necessary to arrange the implementation of quarantine action by third party;
• b. Therefore, it is necessary to lay down provision on Decree of Minister.

Referring to :

• 1. Law of Republic of Indonesia No. 16/1992 concerning Animal, Fish, and Plant (Government Gazette of the Republic of Indonesia of the 1992 No. 56, Additional Government Gazette No. 3482);
• 2. Law of the Republic of Indonesia No. 31/2004 concerning Fisheries (Government Gazette of the Republic of Indonesia of 2004 No. 19, Additional Government Gazette No. 4433);
• 3. Government Regulation No. 15/2002 concerning Fish Quarantine (Government Gazette of the Republic of Indonesia of 2002 No. 36, Additional Government Gazette No. 4197);
• 4. Decree of the President of the Republic of Indonesia No. 187/M/2004;
• 5. President Regulation No. 9/2005 concerning Status, Tasks, Functions, Authority, Organization Structure and Working system of Departments of the Republic of Indonesia;
• 6. President Regulation No. 10/2005 concerning Organization Unit and Tasks of Echelon 1 in Departments of the Republic of Indonesia;
• 7. Decree of Minister of Marine Affairs and Fisheries No. 24/MEN/2002 concerning Systematization and Arrangement of Regulation in Ministry of Marine Affairs and Fisheries;
• 8. Decree of Minster of Marine Affairs and Fisheries No. KEP.05/MEN/2003 concerning Organization and working System of in Ministry of Marine Affairs and Fisheries;
• 9. Decree of Minister of Marine Affairs and Fisheries No. KEP.15/MEN/2003 concerning Fish Quarantine Installation;
• 10. Decree of Minister of Marine Affairs and Fisheries No. KEP.16/MEN/2003 concerning Designation of Entry and Exit Points for Carrier Media of Quarantine Pests and Diseases of Fish;
• 11. Decree of Minister of Marine Affairs and Fisheries No. KEP.17/MEN/2003 concerning Designation of Kinds of Quarantine Pests and Diseases of Fish, Categories, Carrier Media and Dissemination;
• 12. Decree of Minister of Marine Affairs and Fisheries No. KEP.18/MEN/2003 concerning Quarantine Actions towards Importation of Quarantine Pests and Diseases of Fish Carrier Media and Movement from One Area to Another within the Territory of the Republic of Indonesia;
• 13. Decree of Minister of Marine Affairs and Fisheries No. KEP.42/MEN/2004 concerning Requirements for Importation of Live Fish;
• 14. Decree of Minister of Marine Affairs and Fisheries No. KEP.32/MEN/2004 concerning Organization and Working System of Fish Quarantine Implementation Unit.

DECIDES:

To Stipulate :

REGULATION OF MINISTER OF MARINE AFFAIRS AND FISHERIES CONCERNING QUARANTINE ACTION BY THIRD PARTY

Article 1

As used in this regulation :

• 1. Fish quarantine action, further mentioned as quarantine action is an activity conducted to prevent the entry and dissemination of quarantine pests and diseases of fish from overseas and from one area to another within, or the exit of pests and diseases of fish from the territory of the Republic of Indonesia.
• 2. Fish quarantine officer, further mentioned as quarantine officer is certain civil servant appointed to conduct quarantine action based on existing regulation.
• 3. Carrier media of quarantine pests and diseases of fish, further mentioned as carrier media, is fish and/or other entity, which is able to carry quarantine pests and diseases of fish.
• 4. Fish is all water biota that a part or throughout its life cycle is inside the water, either live or dead, including its part.
• 5. Health Certificate is official document signed by quarantine officer or authorized official in country of origin or transit; it states quarantine pests and diseases and/or prerequisite pests and diseases of fish do not contaminate the carrier media mentioned in it.
• 6. Refusal Certificate is official document signed by quarantine officer; it states that carrier media mentioned in it is not contaminated or free from quarantine pests and diseases of fish.
• 7. Third Party is the owner of carrier media or legal body that organize quarantine action.
• 8. Isolation is an action to isolate carrier media suspected to be infected quarantine pests and diseases of fish and/or pests and diseases in a special place because it takes a long time to detect and in order to prevent the dissemination or infection of quarantine pests and diseases of fish in its circumstances or destination.
• 9. Observation is an action to detect further forward quarantine pests and diseases of fish and/or pests and diseases on fish on isolated carrier media.
• 10. Treatment is an action to free or to sterilize the carrier media from quarantine pests and diseases of fish and/or pests and diseases of fish.

Article 2

(1) Each carrier media of quarantine pests and diseases of fish imported or exported from the territory of the Republic of Indonesia or moved from one area to another within the territory of the Republic of Indonesia is subjected to fish quarantine action.

(2) In order to implement quarantine action as mentioned in paragraph (1), a third party can conduct certain quarantine action.

(3) Certain quarantine action as mentioned in paragraph (2) includes :

• a. Isolation;
• b. Observation;
• c. Treatment.

(4) Quarantine action as mentioned in paragraph (2) is conducted in Fish Quarantine Installation belongs to Third Party appointed by the Head of Centre for Fish Quarantine and under control of fish quarantine officer.

Article 3

(1) The third party, who will conduct quarantine action, should purpose application to conduct quarantine action to the Head of local Technical Implementation Unit (UPT) of Fish Quarantine.

(2) The name of responsible body of the quarantine action should be inserted in the application as mentioned in paragraph (1).

(3) The responsible body of fish quarantine as mentioned in paragraph (2) should have follow education and training on quarantine action organized by authorized institution and should have owned certificate.

(4) Quarantine action conducted by third party as mentioned in paragraph (1) can be implemented after it gains a written agreement from the Head of Local Implementation Unit of Fish Quarantine.

Article 4

(1) Isolation as mentioned in Article 2 paragraph (3) alphabet a is implied to isolate carrier media before it is moved.

(2) During isolation as mentioned in paragraph (1), carrier media is forbidden to be:

• a. Moved from Fish Quarantine Installation to other place;
• b. Taken over from the owner of carrier media to other party;
• c. Change with other carrier media from similar type or from other type.

Article 5

Observation is conducted towards carrier media during isolation as mentioned in Article 4.

Article 6

(1) Observation as mentioned in Article 5 is conducted to know the changing occurs in carrier media, either physically or behaviorally.

(2) During isolation as mentioned in Article 5, the responsible body of quarantine action make note on the changing and the development of carrier media.

(3) The result of quotation as mentioned in paragraph (2) should be reported to quarantine officer for immediate evaluation and further quarantine action.

Article 7

(1) Either clinical or laboratory inspection is conducted towards carrier media by quarantine officer if based on the result of evaluation by quarantine officer as mentioned in Article 6 paragraph (3) the carrier media is suspected to be infected by quarantine pest and diseases of fish.

(2) Third party conducts treatment action if based on inspection result as mentioned paragraph (1) carrier media is infected or quarantine pest and diseases of fish type II is found.

Article 8

(1) In the implementation of treatment action by Third Party as mentioned I Article 7 paragraph (2), quarantine officer is authorized to decide type and medicine/disinfectant dosage as well as the method use for the treatment.

(2) Third Party should implement type and dosage of medicine/disinfectant as well as method decided by quarantine officer as mentioned in paragraph (1).

(3) Quarantine officer issues Health Certificate or Release Certificate for carrier media if after treatment action is conducted by Third Party, carrier media is state by quarantine officer to be free from pests and diseases of fish type II.

(4) Quarantine officer perform refusal action and/or destruction action towards carrier media, if after treatment action by Third Party carrier media is stated cannot be free from pests and diseases of fish type II.

Article 9

All financing as the consequence of quarantine action implementation by Third Party are placed upon Third Party as the applicant of quarantine action implementation.

Article 10

The Regulation shall come into effect on the day of publication.

Stipulated in Jakarta
On February 21, 2005

MINISTER OF MARINE AFFAIRS AND FISHERIES,
sgd.
FREDDY NUMBERI