REGULATION OF THE MINISTER OF MARINE AFFAIRS AND FISHERIES
No. PER.05/MEN/2005

CONCERNING
FISH QUARANTINE ACTIONS TOWARDS EXPORTATION OF QUARANTINE PESTS AND DISEASES OF FISH CARRIER MEDIA

MINISTER OF MARINE AFFAIRS AND FISHERIES,

Considering :

a. that provisions on quarantine action for the live fish exported from the territory of the Republic of Indonesia have been laid down by the Decree of the Minister of Agriculture No. 245/Kpts/LB.730/4/90 on Quarantine Action for the Live Fish Imported from the Territory of the Republic of Indonesia;
b. that in its development, the Decree of the Minister of Agriculture No. 245/Kpts/LB.730/4/90 on Quarantine Action for the Live Fish Imported from the Territory of the Republic of Indonesia is not consistent anymore with the need and the prevailing statutory regulations in the field of fish quarantine;
c. that based on the above mentioned facts, and as implementation of Article 34 of the Government Regulation No. 15/2002 on Fish Quarantine, it is deemed necessary to re-regulate quarantine action for the exportation of carrier media of pest and disease of quarantine fish, with a Ministerial Regulation;

Referring to :

a. Law of No. 5/1990 concerning Conservation of Life Natural Reasources and its Ecosystem (Statute Book of the Republic of Indonesia of 1990 No. 49, Supplement to Statute Book No. 3419);
b. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia of 1992 No. 56, Supplement to Statute Book No. 3482);
c. Law No. 31/2004 concerning Fisheries (Statute Book of the Republic of Indonesia of 2004 No. 19, Supplement to Statute Book No. 4433);
d. Government Regulation No. 15/2002 concerning Fish Quarantine (Statute Book of the Republic of Indonesia of 2002 No. 36, Supplement to Statute Book No. 4197);
e. Government Regulation No. 62/2002 concerning Tariff on Types of Non-Tax State Revenues Applicable in the Ministry of Marine Affairs and Fisheries (Statute Book of the Republic of Indonesia of 2002 No. 118, Supplement to Statute Book No. 4241);
f. Presidential Decree No. 187/M/2004, as amended by the Presidential Decree No. 8/M/2005;
g. Presidential Regulation No. 9/2005 Status, Tasks, Functions, Authority, Organizational Structure and Working System of State Ministries of the Republic of Indonesia;
h. Presidential Regulation No. 10/2005 concerning Organization Unit and Tasks of Echelon I (one) in the Satte Ministries of the Republic of Indonesia, as amended by Presidential Regulation No. 15/2005;
i. 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;
j. 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;
k. Decree of Minister of Marine Affairs and Fisheries No. KEP.15/MEN/2003 concerning Fish Quarantine Unit;
l. Decree of Minister of Marine Affairs and Fisheries No. KEP.16/MEN/2003 concerning Deignation of Places of Import and Export of Carrier Media of Pest and Disease of Quarantine Fish;
m. Decree of Minister of Marine Affairs and Fisheries No. KEP.17/MEN/2003 concerning Stipulation of Types of Pests and Diseases of Quarantine Fish, Group, Carrier Media, and its Dissemination;
n. Decree of Minister of Marine Affairs and Fisheries No. KEP.41/MEN/2003 concerning Procedures of Stipulation and Revocation of Fish Quarantine Zone;
o. Decree of Minister of Marine Affairs and Fisheries No. KEP.32/MEN/2004 concerning Organisation and Work Syatem of Technical Executive Unit of Fish Quarantine;

HAS DECIDED :

To stipulate :

DECISION OF THE MINISTER OF MARINE AFFAIRS AND FISHERIES CONCERNING QUARANTINE ACTION FOR THE EXPORTATION OF CARRIER MEDIA OF PEST AND DISEASE OF QUARANTINE FISH.

CHAPTER I
GENERAL PROVISIONS

Article 1

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, or the exit of pests and diseases of quarantine fish from within the territory of the Republic of Indonesia.
2. Exportation means to export carrier media from the territory of the Republic of Indonesia to overseas or from one area into another area within the territory of the Republic of Indonesia.
3. Places of export mean seaports, river ports, ferry ports, airports, post offices, border posts, and other places deemed necessary, that are stipulated as a place to export carrier media of fish pests and diseases.
4. Area shall covers a region in an island, or islands, or a group of islands within the territory of the Republic of Indonesia that is related with the prevention of dissemination of fish pest and disease.
5. Carrier Media of Pest and Disease of Quarantine Fish, hereinafter referred to as carrier media, adalah ikan and/or Benda Lain yang dapat membawa pests and diseases of quarantine fish.
6. 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.
7. Other materials mean carrier media other than fish that are potential to spread out pests and diseases of quarantine fish.
8. Detention means an action of detaining carrier media that will be imported or exported to or from the territory of the Republic of Indonesia or from an area into another area within the territory of the Republic of Indonesia.
9. Health Certificate for Fish and Fish Products means official document signed by the quarantine officer stating that the carrier media listed in it are not infected by pests and diseases of quarantine fish and/or the fish pest and diseases as stipulated.
10. Health Certificate for Domestic Fish, hereinafter referred to as Health Certificate for Domestic Fish, means official document signed by the fish quarantine officer for exportation of carrier media from one area into another area within the territory of the Republic of Indonesia stating that the carrier media listed in it are free from pests and diseases of quarantine fish pests and diseases of quarantine fish.
11. Carrier Media Owner means person or legal entity who owns the carrier media and/or who is responsible for the import, export or transit of carrier media.
12. 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.

CHAPTER II
EXPORT OF CARRIER MEDIA

Article 2

Any export of carrier media from the territory of the Republic of Indonesia to oversas is obliged to :

a. pass through places of places of export which have been determined;
b. be reported and delivered to the quarantine officer in the place of entry as meant in letter a for quarantine action purpose.;
c. be furnished with a Health Certificate for Fish and Fish Products issued by the quarantine officer in the place of export, if required by the country of destination.

Article 3

The requirement from the country of destination as meant in Article 2 letter c, shall be proven and/or declared, among others, in:

a. the written request for health examination of carrier media, that is submitted by the carrier media owner or his/her proxy;
b. import provisions of the country of destination; and/or
c. binding international provisions.

Article 4

(1) Any export of carrier media from one area into another area within the territory of the Republic of Indonesia is obliged to:

a. pass through places of places of export which have been determined;
b. be reported and delivered to the quarantine officer in the place of export as meant in letter a for quarantine action purpose;
c. be furnished with a Health Certificate for Domestic Fish issued by the quarantine officer in the place of export.

(2) Obligation furnish the Health Certificate for Domestic Fish as meant in paragraph (1) letter c is not applicable to exportation of Other Materials.

Article 5

If the carrier media reported and submitted to the quarantine officer as meant in Article 2 letter b or Article 4 letter b, constitutes carrier media:

a. that is forbidden for exportation, then such a carrier media is detained and/or refused;
b. that is controlled or limited in its exportation and not furnished with other requirements as stipulated in the prevailing provisions, then such a carrier media is detained and/or refused.

Article 6

(1) Obligations as meant in Article 4 paragraph (1) are applicable to exportation of carrier media originating from an area that is not freed from Pests and Diseases of Quarantine Fish (HPIK) to a HPIK free area.

(2) Area not free from HPIK as meant in paragraph (1) means an area in which, based on on monitoring, a pest and disease of quarantine fish is found.

(3) Area free from HPIK as meant in paragraph (1) means an area in which, based on on monitoring, a pest and disease of quarantine fish is not found.

(4) Area not free and Area free from HPIK as meant in paragraph (1) is based on dissemination region of the pests and diseases of quarantine fish that have been stipulated.

Article 7

(1) For every exportation of carrier media as meant in Article 2 in the form of:

a. carried goods, the owner is obliged to report and deliver the carrier media to the quarantine in the place of export at thelatest before departure, and quarantine action is conducted in accordance with the requirement of the country of destination;
b. freight or post delivery or other Materials, the owner is obliged to report and submit carrier media to the quarantine officer in the place of export not later than 1 (one) day prior to the quarantine action is conducted.

(2) For every exportation of carrier media as meant in Article 4 in the form of:

a. carried goods, the owner is obliged to report and deliver the carrier media to the quarantine in the place of export at thelatest before departure, and quarantine action is conducted;
b. freight or post delivery or Other Materials, the owner is obliged to report and submit carrier media to the quarantine officer in the place of export not later than 1 (one) day prior to the quarantine action is conducted.

Article 8

(1) If the provisions as meant in Article 7 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 7 are not fulfilled by the owner of carrier media, then the quarantine officer can refuse such a carrier media.

CHAPTER III
QUARANTINE ACTION

Article 9

(1) Quarantine action for exportation of carrier media includes examination, isolation, observation, treatment, detention, refusal, destruction, and release.

(2) Quarantine action as meant in paragraph (1) is conducted in the Fish Quarantine Unit.

(3) Fish Quarantine Unit as meant in paragraph (2) is place together withal infrastructures and facilities in it that is used to implement the quarantine action.

(4) Examination as meant in paragraph (1) includes examination of clinical and/or laboratory basis.

(5) For purpose of inspection as meant in paragraph (1), sample of carrier media is taken, on the following provisions:

a. for carrier media in the form of carried goods, sample is taken in the place of export;
b. for carrier media in the form of carried goods or post delivery or Other Materials, sample is taken in the the Fish Quarantine Unit.

(6) During the course of quarantine action as meant in paragraph (1), the carrier media is prohibited to:

a. be transferred from the Fish Quarantine Unit to another place;
b. be transferred from the carrier media owner to another party; and/or
c. replaced with carrier media of the same type or another type.

Article 10

(1) Carrier Media that will be subjected quarantine action must conform to the type, quantity, and/or size of carrier media listed in the request letter for examination submitted by the carrier media owner or his/her proxy.

(2) If the type, quantity, and/or size of carrier media by the time of examination does not conform to the type, quantity, and/or size of carrier media listed in the request letter for examination, then the carrier media owner or his/her proxy is obliged to submit reapplication in accordance with the type, quantity, and/or size of the carrier media that will be examined.

(3) Provisions as meant in paragraph (1) and paragraph (2) are not applicable to the excessive quantity if carrier media in case for purpose of fish health examnation and/or reserve in the event of death of or damages to the carrier media, until maximum 5% (five percent) of the quantity of each type of carrier media to be delivered.

(4) The excess of carrier media as meant in paragraph (3) is remain subjected to quarantine action.

(5) If quantity of carrier media to be exported exceeds the provision as meant in paragraph (3), then then such an excess is refused.

Article 11

(1) As to the carrier media that will exported from the territory of the Republic of Indonesia, if from the the clinical and and/or laboratory examination as meant in Article 9 paragraph (3) found that the carrier media is :

a. free from Fish Pest and Disease (HPI) as required by the country of destination, then such a carrier media is released by issuing a a a Health Certificate for Fish and Fish Products;
b. infected with HPI as stipulated by the country of destination being HPIK of Group I, then such a carrier media is refused from exportation and followed up with destruction;
c. infected with HPI as stipulated by the country of destination being HPIK of Group II, then such a carrier media is subjeced to treatment.

(2) As to the carrier media to be exported from one area into another area within the territory of the Republic of Indonesia if from the the clinical and and/or laboratory examination as meant in Article 9 paragraph (3) found that the carrier media is:

a. free form HPIK, tehn such a carrier media is released by issuing Health Certificate for Domestic Fish;
b. infected with HPIK of Group I, or rotten or damaged, then such a carrier media is refused from exportation and followed up with destruction;
c. infected with HPIK of Group II, then such a carrier media is subjeced to treatment.

(3) If, after treatment as meant in paragraph (1) letter c, it appears that the carrier media:

a. can be cured or sterilized from HPI as required by the country of destination and/or HPIK of Group II, then such a carrier media is released by issuing a (Health Certificate for Fish and Fish Products) for exportaton to outside the territory of the Republic of Indonesia, or Health Certificate for Domestic Fish for exportation from one area into another area within the territory of the Republic of Indonesia;
b. cannot be cured or sterilized from HPIK of Group II, then such a carrier media is refused from its exportation and followed up with destruction.

Article 12

(1) Quarantine action as meant in Article 9 shall be conducted within 14 (fouten) as from the quarantine officers receipt of carrier media from the carrier media owner or his/her proxy.

(2) Period as meant in paragraph (1) can be extended if, based on result of clinical and/or laboratory examnination, further quarantine action is still needed.

CHAPTER IV
RECHECKING

Article 13

(1) The Quarantine officer is obliged to re-eaxmine the carrier media that will be exported, to check the conformance between the contents of quarantine document and the type, quantity, and/or size of carrier media.

(2) The rechecking as meant in paragraph (1) shall be conducted to at least 25% (dua puluh lima prosen) dari type, quantity, and/or size of carrier media to be exported, that are selected randomly, or to all of the carrier media to be exported if deemed necesary.

(3) The rechecking as meant in paragraph (1) shall be conducted not later than 2 (two) hours before departure.

(4) If, based on rechecking as meant in paragraph (1), it appears that the contents of quarantine document are conform to the type, quantity, and/or size of carrier media to be exported, then the quarantine officer delivers the Health Certificate for Fish and Fish Products or Health Certificate for Domestic Fish to the owner of carrier media in the place of export.

(5) If, based on rechecking as meant in paragraph (1), it appears that the type specified in the quarantine document does not conform to the type of carrier media to be exported, then it is refused.

(6) If, based on rechecking as meant in paragraph (1), it appears that the quantity and/or size specified in the quarantine document does not conform to the quantity and/or size of carrier media to be exported, then it is refused.

(6) Apabila berdasarkan pemeriksaan ulang as meant in paragraph (1) terdapat ketidaksesuaian antara jumlah and/or ukuran yang tercantum dalam quarantine document dengan jumlah and/or ukuran carrier media to be exported, then such an excess of the quantity and/or size is refused.

Article 14

The carrier media that has beeen rechecked is repacked by the the owner or his/her proxy under supervision of the quarantine officer.

Article 15

(1) Any importation of carrier media from the territory of the Republic of Indonesia to abroad, that is, at the time of departure, not completed with the Health Certificate for Fish and Fish Products required by the country of destination, is refused.

(2) Any importation of carrier media from a non-HPIK free area to a HPIK free area within the territory of the Republic of Indonesia, that is, at the time of departure, not completed with the Health Certificate for Domestic Fish, is refused.

(3) The carrier media that is refused as meant in paragraph (1) and paragraph (2), that is not arranged for by the carrier media owner or his/her proxy, is destroyed.

CHAPTER V
OTHER PROVISIONS

Article 16

(1) As to any importation of carrier media from the territory of the Republic of Indonesia to abroad that is not required by the country of destination to furnish Health Certificate, or from one area into another area within the territory of the Republic of Indonesia that is not required to be furnisghhed with Health Certificate for Domestic Fish, the carrier media owner is obliged to report and submiot the carrier media to the quarantine officer in the place of export.

(2) Reporting and submission of carrier media as meant in paragraph (1), iscondcted in order to prevent the possible exit of carrier media that is forbiden and/or controled/limited based on type, quantity, size, destination, and/or purpose of its exportation.

(3) The Quarantine officer is obliged to visually check the carrier media that has sbeen reported and submitted as meant in paragraph (1).

Article 17

As to the carrier media as meant in Article 16 paragraph (1) in the form of:

a. carried goods, the owner is obliged to report and/or deliver the carrier media to the quarantine officer in the place of export not later than 3 (three) hours before departure;
b. freight or post delivery or Other Materials, the owner is obliged to report and/or deliver the carrier media to the quarantine officer in the place of export not later than 1 (one) days before exportation.

Article 18

(1) If, after examination as meant in Article 16 paragraph (3), it appears that the type, quantity, and/or size of the carrier media:

a. complies with the prevailing provisions, then the quarantine officer issues Certificate of Traffic for Fisxh/Fich Products;
b. does not comply with the prevailing provisions, then the quarantine officer detains it by issuing Provisional Letter of Detention and/or refuses it by issuing Letter of Refusal.

(2) As to carrier media that is refused from exportation as meant in paragraph (1) letter b, if, after 3 (three) days as from the issue Letter of Refusal, not arranaged for by the owner/his/her proxy or the owner/his/her proxy is not known, or rotten or danaged, then such a carrier media is destroyed.

(3) Certificate of Traffic for Fisxh/Fich Products as meant in paragraph (1) letter a is an official document signed by the quarantine officer in the place of export, stating that the carrier media can be transported to outside the territory of the Republic of Indonesia or to anothet area within the territory of the Republic of Indonesia because the relevent carrier media is not categorized as type of fish/fishery peoducts that is forbidden or controlled/ limited in its exportation.

(4) Provisional Letter of Detention as meant in paragraph (1) letter b is an official document signed by the quarantine officer, stating that the carrier media in the place of export is detained because of not yet furnished with the quarantine document and/or other requirements or additional obligations as required, or not arranged for, or its owner is not known.

(5) Letter of Refusal as meant in paragraph (1) letter b is an official document signed by the quarantine officer in the place of export, stating that the exportation of carrier media is refused, due to the carrier media is beither free nor can be freed from the pests and diseases of quarantine fish nor meet other requirements.

Article 19

Quarantine officer is indemnified from any claim for compensation on damages and/or death of fishes or delay of departure, as long as the quarantine action as meant in this Regulation is conducted in accordance with the prevailing provisions.

Article 20

(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.

(3) Provision as meant in paragraph (1) is not applicable to visual check of carrier media as meant in Article 16 paragraph (3).

Article 21

The Minister can stipulate additional obligations and/or other requirements for export of carrier media.

CHAPTER VI
CLOSING PROVISION

Article 22

Upon enactment of this Regulation, the Decree of the Minister of Agriculture, No. 245/Kpts/LB.730/4/90 concerning Quarantine Action for the Live Fish Imported from the Territory of the Republic of Indonesia is declared null and void.

Article 23

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

Stipulated in Jakarta
on March 18, 2005

MINISTER OF MARINE AFFAIRS AND FISHERIES,
sgd
FREDDY NUMBERI

REGULATION OF THE MINISTER OF MARINE AFFAIRS AND FISHERIES No. PER.05/MEN/2005

CONCERNING FISH QUARANTINE ACTIONS TOWARDS EXPORTATION OF QUARANTINE PESTS AND DISEASES OF FISH CARRIER MEDIA