The God Almighty grants the Indonesian nation the properties in the form of natural resources of flora and fauna or natural beauty and other natural phenomena. Natural resource potency and their ecosystem should be developed and exploited for the largest interest of the people prosperity by observing conservation principles namely preserving capability and exploitation of biological natural resources and their ecosystem harmoniously and well-balanced.
Law No.5/1990 on Biological Natural Resource and Its Ecosystem among other regulating on wild flora and fauna species exploitation. The exploitation of wild flora and fauna species should be followed up in the Government Regulation to guarantee smoothness, orderliness and conservation if biological natural resources in the implementation of all flora and fauna exploitation activities.
The success of biological natural resource conservation and their ecosystem namely to control the ways of biological natural resource exploitation to guarantee genetic source diversity maintenance and their ecosystem so that it may support the development, science and technology. In exploitation of flora and fauna, it is always upright the principle to avoid extinction risks and or to avoid the decrease of wild flora and fauna population growth potency.
Flora and fauna exploitation is conducted through a study, research and development, breeding, hunting, trade, display, exchange, medicine crops cultivation and or conservancy for hobby.
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Growing up/enlarging wild fauna species, which its reproduction by laying eggs, then the growing up/enlarging may be started from incubating egg taken directly from the nature and enlarging/grow up the results until reach certain size or age to be exploited.
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In the wild flora and fauna exploitation, it has to pay attention to the preservation aspect by conducting control in its exploitation so that it does not destroy the natural population condition.
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The obligation to advise is a consequence of the principles that any action conducted to the protected wild fauna will bring impact to global environment conservation.
Therefore, the Government as the principal of public interest is entitled to know the results of study, research and development of the protected wild fauna.
Notification of study, research and development results should not be in the form of animal, but it is adequate by information on the study, research and development results.
The obligation to give advice shall not prejudice the rights of researchers arising out from its research results pursuant to the prevailing law and regulations.
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Meant by law and regulation is the Presidential Decree No.100/1993 on Research Permit for Foreigner.
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Meant by Captive Breeding in a cage may also be conducted in semi natural environment. This wild animal breeding is an activity of reproduction where its mother breed (if its reproduction is by breeding) in a controlled environment or (if its reproduction is not breeding) its mother has available in the controlled environment at the time of happening of early growing of its kernel (egg, fetus).
Meant by controlled environment at wild fauna breeding is an environment to be manipulated for the purpose of producing certain fauna species by making clear limitation to maintain the exit and or entry of fauna, egg, or gamete and distinguished among other by the existence of artificial house, waste disposal, health facility, protection from predator and artificial feeding.
Meant by flora artificial propagation is an activity to reproduce and grow flora in a condition controlled from material to reproduce flora such as seed, cutting (stek), grass spreading, network culture and spore.
Stock of main flora for breeding can be taken from a nature by observing population condition in the nature and managed in such a way it may be insured main stock conservancy in a long term period.
Meant by controlled condition at flora breeding is a condition outside natural environment, which are intensively manipulated by human being interference with the objectives to get and reproduce flora with the selected hybrid and species, and distinguished by among other the existence of farm-land processing, fertilizing, pest and grass controlling, irrigation, or seed treatment such as flora in pot, making special place for breeding or protection from weather condition.
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Those who have owned permit for conducting breeding is not automatically able to conduct commercial activity. However, the holder of breeding permit shall no longer need commercial permit to conduct commercial activity, provided that it has met certain qualification standard as referred to paragraph (4) of this Article.
Clause a
New breeder may conduct commercial action if its fauna breeding population has met the certain quantity.
Clause b
The Minister in giving recommendation to the breeder to conduct commercial activity shall also consider seriousness of a breeder in conducting breeding activity professionally. This professionalism should be appraised in the frame of supporting
conservation effort.
Clause c
Although a breeder has fulfilled the qualification as referred to letter a and letter b, however on the basis of rareness consideration of certain flora and fauna species, the government has authority to delay for giving recommendation to conduct
commercial activity for a breeder up to a time as considered appropriate to ensure rare fauna or flora species conservation.
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The second generation in the terms of breeding is known by code F2 namely individual of fauna of the second generation results (reproduction) from the mother caught or taken directly from the nature.
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In case technically, the physical marking gets difficulty or disturb the behavior of the fauna, then it is sufficiently conducted by certification.
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Principally, the protected wild fauna obtained from the nature shall remain under control of the state, therefore a body or legal entity on the basis of the Minister permit may exploit the fauna from the nature, but it shall not give proprietary rights for the pertinent fauna.
Therefore, the fauna status under control of the breeder is the fauna entrusted by the State.
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At the time of issuance of these Government Regulations, the provisions regulating the activities of hunting shall be the Government Regulation No.13/1994 on Hunting.
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Trading of breeding results must be completed by marking or certification.
Meant by Legal Entity in this Government Regulation shall include the cooperatives.
Meant by trade in limited scale is an activity to collect and sell the result of traditional hunting by using traditional appliance conducted by the community staying in and surrounding the hunting area and hunting park as referred to the Government Regulation No.13/1994 on Hunting.
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Meant by prevailing law regulation is the Law No.20/1997 on Non Tax State Revenues together with its implementation regulations.
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Wild flora of Raffles species as meant in this provision shall cover all species of Raffles Genus.
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At the time of issuance of these Government Regulations, Government Regulation regulating concerning medicine plant cultivation shall be the Government Regulation No.44/1995 on Vegetation Seeding.
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Obligations as referred to this paragraph is the consequence of global ecosystem unity principles, where this flora and fauna is an inseparable parts. In consequence, the international convention in relation with the wild flora and fauna such as CITES (Convention on International Trade In Endangered Species of Wild of Fauna and Flora) shall be included into which must get serious attention in stipulating the list of wild flora and fauna species classification.
Although the exploitation of wild flora and fauna species including not protected wild flora and fauna trade principally is justifiable, but the trade practice shall always comply with the larger importance that is "environmental conservancy" both in the frame of creating balanced global ecosystem and micro ecosystem balance.
Therefore, the control of wild flora and fauna trade should always be adjusted with the provisions of international convention such as CITES, and also without forgetting the efforts of conservation conducted domestically. The success or failure of conservation efforts perhaps will have direct consequence to the population of flora and fauna, thereby, there is always a probability of certain wild flora and fauna change their status from "not protected" condition to be "protected" or reversal.
Then, the list pursuant to the classification "protected" and "not protected" in paragraph (1) of this article is always alterable according to the factual condition of the environment.
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Habitat area is an area naturally constituting a place, where a species existed, or life habitat of flora and fauna species to conserve its population.
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At the time of issuance of these Government Regulations, the provisions regulating concerning hunting conducted by the local communities shall be the Government Regulation No.13/1994 on Hunting.
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Management Authority and Scientific Authority in the frame of wild flora and fauna conservation shall also be included into the implementation of CITES.
Task implementation of the Management Authority by the Minister is as regulated in these Government Regulations.
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