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REGULATION OF THE MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA
No. PER.17/MEN/2009

CONCERNING
PROHIBITION ON THE ENTRY OF SEVERAL KINDS OF DANGEROUS FISH FROM OVERSEAS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

BY THE GRACE OF ALMIGHTY GOD
THE MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA

Attachment

Considering:

a. that to keep on preserving fish resources and environment as well as to avoid dangerous cases for the human, it is necessary to stipulate a prohibition on the entry of several kinds of dangerous fish fro overseas into the territory of the Republic of Indonesia;

b. that Decree of the Minister of Agriculture No. 179/Kpts/Um/3/1982 concerning Prohibition on the Entry of Several Kinds of Dangerous Fish from Overseas needs to be improved according to development of fishery cultivation;

c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to re-regulate prohibition on the entry of several kinds of dangerous fish fro overseas into the territory of the Republic of Indonesia by Ministerial Regulation;

In view of:

1. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);

2. Law No. 23/1997 concerning Environment Management (Statue Book No. 68/1997, Supplement to Statute Book No. 3699);

3. Law No. 31/2004 concerning Fishery (Statute Book No. 118/2004, Supplement to Statute Book No. 4433);

4. Government Regulation No. 15/2002 concerning Fish Quarantine (Statute Book No. 36/2002, Supplement to Statute Book No. 4197);

5. Presidential Regulation No. 9/2005 concerning Position, Duties, Function, Structure Organization, and Working Procedures of the State Ministries of the Republic of Indonesia as amended the latest by Presidential Regulation No. 20/2008;

6. Presidential Regulation No. 10/2005 concerning Organization Unit and Duties of First Echelon of State Ministries of the Republic of Indonesia as amended the latest by Presidential Regulation No. 50/2008;

7. Presidential Decree No. 187/M/2004 as amended the latest by Presidential Decree No. 58/M/2008;

8. Regulation of the Minister of Marine and Fisheries No. PER.07/MEN/2005 concerning Organization and Working Procedures of the Ministry of Marine and Fisheries as amended several times, the latest by Regulation of the Minister of Marine and Fisheries No. PER.04/MEN/2009;

9. Decree of the Minister of Marine and Fisheries No. KEP.24/MEN/2002 concerning Procedures and Technique to Make Regulations in the Ministry of Marine and Fisheries environment;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA CONCERNING PROHIBITION ON THE ENTRY OF SEVERAL KINDS OF DANGEROUS FISH FROM OVERSEAS INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

Article 1

In this Ministerial Regulation:

1. Kinds of dangerous fish are specified kinds of fishes are from outside of the territory of the Republic of Indonesia that can inflict losses and/or endanger the preservation of fish, environment, and human resources.

2. Fish is all kinds of organism that all or a part of its life cycle is in the water environment.

3. Destruction is action to destroy types of hazardous fish from overseas as a follow up of a previous quarantine action.

4. Fish Quarantine Official hereinafter call Quarantine Official is Certain Government Employee that is assigned to conduct quarantine action based on prevailing regulations.

5. Fishery Controller is Civil Government Employee that is assigned the duty, authority, and full rights by the authorized official to conduct fishery controller activities.

6. Minister is Minister who has responsibility in the marine and fisheries field.

7. Director General is Director General of Fisheries Cultivation.

Article 2

(1) Any person is prohibited to enter several kinds of dangerous fish from overseas into the territory of the Republic of Indonesia.

(2) Kinds of dangerous fishes as intended in paragraph (1) are as stated in Attachment of this Ministerial Regulation.

(3) Exception on the entry of kinds of dangerous fishes into the territory of the Republic of Indonesia as intended in paragraph (1) is only for the interest of scientific and other special purpose.

(4) Exception on the entry kinds of dangerous fishes as intended in paragraph (3) should get import approval from Minister with technical consideration from Director General.

Article 3

(1) Is any kind of dangerous fishes as intended in Article 2 paragraph (2) is found, the Quarantine Official in the entry place should conduct quarantine action in the form of rejection and/or destruction of the said kind of fish.

(2) If any kind of dangerous fishes is found in outside of entry place, Quarantine Controller is obligated to exercise the order of regulation in the fishery field.

(3) Entry place as intended in paragraph (1) is sea port, river port, ferry terminal, airport, post office and border with other country post, that are stipulated by the Minister.

Article 4

Further provision on the feature, specification, drawing, and others related with the stipulation of kinds of dangerous fishes are stipulated by Director General.

Article 5

With the stipulation of this Ministerial Regulation, Decree of the Minister of Agriculture No. 179/Kpts/Um/3/1982 concerning Prohibition on the Entry of Several Kinds of Dangerous Fishes from Overseas is revoked and declared null and void.

Article 6

This Ministerial Regulation shall come into force of the date of stipulation.

Stipulated in Jakarta
on August 27, 2008
MINISTER OF MARINE AND FISHERIES
signed,
FREDDY NUMBERI