to Indonesian
a. that in the framework to fulfill trading conditions of catching fishes to Unity Europe and in the framework to prevent, reduce, and remove illegal activities, Unreported and Unregulated (IUU) Fishing, it is necessary to increase tracing on the catching fishes by Indonesian catching fishes ships and foreign catching fishes ships;
b. that Regulation of the Minister of Marine and Fisheries Number PER.28/MEN/2009 concerning Certification of Catching Fishes is not fulfill to anticipate development of legal need in the framework of implementation of Certification of Catching Fishes;
c. that based on consideration as intended in paragraphs a and b, it is necessary to re-arrange Ministerial Regulation concerning Certification of Catching Fishes;
1. Law Number 31 of 2004 concerning Fisheries (Statute Book of the Republic of Indonesia Number 118 of 2004, Supplement to Statute Book of the Republic of Indonesia Number 4433), as amended by Law Number 45 of 2009 (Statute Book of the Republic of Indonesia Number 154 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5073);
2. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of State Ministries, as amended the latest by Presidential Regulation Number 91 of 2011;
3. Presidential Regulation Number 24 of 2010 concerning Position, Task, and Functions of the State Ministries as well as Organizational Structure, Duties and Functions of First Echelon of State Ministries, as amended by Presidential Regulation Number 92 of 2011;
4. Presidential Decree Number 84/P of 2009, as amended the latest by Presidential Decree Number 59/P of 2011;
5. Regulation of the Minister of Marine and Fisheries Number PER.05/MEN/2007 concerning Management of Fishing Ships Control System;
6. Regulation of the Minister of Marine and Fisheries No. PER.15/MEN/2010 concerning Organization and Work Flow of Ministry of Marine and Fisheries;
7. Regulation of the Minister of Marine and Fisheries Number PER.14/MEN/2011 concerning Catching Fishes Business (State Gazette of the Republic of Indonesia Number 326 of 2011), as amended by Regulation of the Minister of Marine and Fisheries Number PER.49/MEN/2011 (State Gazette of the Republic of Indonesia Number 780 of 2011);
8. Regulation of the Minister of Marine and Fisheries Number PER.08/MEN/2011 concerning Fishing Port (State Gazette of the Republic of Indonesia Number 440 of 2012);
European Council (EC) Regulation No. 1005/2008 of September 29, 2008 establishing a community system to prevent, deter and eliminate illegal, unreported and unregulated fishing;
REGULATION OF THE MINISTER OF MARINE AND FISHERIES CONCERNING CERTIFICATION OF CATCHING FISHES
In this Ministerial Regulation, what is referred as:
1. Certificate of Catching Fishes hereinafter abbreviated as SHTI, is certificate that state exported fishes are not from illegal activities, Unreported and Unregulated (IUU) Fishing.
2. SHTI-First Sheet is a certificate that contains the information of the landed fishes fro fishing catcher ships for the purpose of recording.
3. SHTI-Derivative Sheet is a certificate that contains the information of part or all of the catching fishes are in accordance with the first sheet, as a document that accompanying fishery products are marketed to European Union.
4. SHTI-Simplified Derivative Sheet is a certificate that contains information of part or all catching fishes landed from fishing ships as a document that accompanying fishery products are marketed to the European Union.
5. SHTI-Import is a certificate stating that fishery products exported to the European Union to use some or all of the fish raw material from other countries that have notified Catch Certificate to the European Union.
6. Fishes Landing Certificate, hereinafter abbreviated as SKPI is a certificate stating that landed catching fishes are not from IUU Fishing activities.
7. Minister is the Minister of Marine and Fisheries.
8. Director General is the Director General of Catching Fisheries.
Certification of Catching Fishes is aims to:
The scope of this regulation includes certificates, issuing authority, the terms and procedures for SHTI publishing.
(1) SHTI is used as the export complementary document for catching fishes from the sea by Indonesian fisher catcher ships and foreign fisher catcher ships.
(2) SHTI as intended in paragraph (1) shall consist of:
(3) In addition SHTI as intended in paragraph (2), the catching fishes from the sea by foreign fisher catcher ships that enter the Fishes Processing Unit (UPI) for re-export is issued SHTI-Import.
(1) SHTI-First sheet and SHTI-Derivative sheet are issued for catching fishes were caught by fishes catcher ships more than 20 (twenty) gross tonnage (GT) size.
(2) SHTI-Simplified Derivative Sheet is issued for catching fishes were caught by fisher catcher ships up to 20 (twenty) GT size.
(1) The Minister gives authority on the SHTI implementation to the Director General as the Competent Authority.
(2) The Director General as the Competent Authority in the implementation of SHTI issuance delegates to the Local Competent Authority.
(3) Local Competent Authority consists of:
(4) Local Competent Authority as intended in paragraph (3) shall be determined by the Competent Authority.
Determination of Local Competent Authority as intended in Article 6 paragraph (4) based on the following criteria:
(1) If Local Competent Authority is absent, then the issuance of SHTI is implemented by Alternative Official.
(2) Alternate Official as intended in paragraph (1) shall be determined by the Competent Authority together with the determination of Local Competent Authority.
(3) To be determined as the Alternate Official, he/she must have Certificate of Technical Guidance of Catching Fishes Certification.
(1) In the implementation of certification of catching fishes, the Competent Authority in coordination with the Director General of Fishery Processing and Marketing and the Director General of Marine Resources and Fisheries Supervision.
(2) In the implementation of coordination, Director General of Fishery Processing and Marketing has the authority to:
(3) In the implementation of coordination Director General of Marine Resources and Fisheries has the authority to conduct surveillance of fishes catcher ships, and submit the results to the Competent Authority.
Captain, boat owner, or someone appointed by the ship owner to obtain SHTI-First Sheet, shall apply to the Local Competent Authority by enclosing the following:
(1) The verification report of landed fishes as intended in Article 10 paragraph e is issued by the Fishery Supervisor at the latest 2 (two) days after verification of:
(2) The form and format of verification report of landed fishes are listed in Attachment I that is an integral part of this Ministerial Regulation.
(1) SKPI as intended in Article 10 paragraph f is issued by the Head of the fishing port/general port or appointed official at the latest 2 (two) days after verification of:
(2) The form and format of the SKPI are listed in Attachment II that is an integral part of this Ministerial Regulation.
(1) Based on the application as intended in Article 10, Local Competent Authority checks the completeness and suitability requirements at the latest 2 (two) days after received complete application by attention to:
(2) The results of the checking as intended in paragraph (1), in the form of approval or rejection for issuance of SHTI-First Sheet.
(3) The form and format of SHTI-First Sheet are listed in Attachment III that is an integral part of this Ministerial Regulation.
(1) Responsible Person for UPI, exporter or someone appointed to obtain SHTI-Derivative Sheet, files an application to the Local Competent Authority by enclosing the following:
(2) Local Competent Authority based on the application as intended in paragraph (1), conduct checking of the completeness and suitability requirements at the latest 2 (two) days since received complete application, which result is approval or rejection for issuance of SHTI-Derivative Sheet.
(3) The form and format of SHTI-Derivative Sheet are listed in Attachment IV that is an integral part of this Ministerial Regulation.
(1) Responsible person for UPI, exporter or someone appointed obtain SHTI-Simplified Derivative Sheet, files an application to the Local Competent Authority by enclosing the following:
(2) The provisions on verification reports of landed fishes and SKPI as intended in paragraphs (1) f and g apply mutatis mutandis the provisions of Article 11 and Article 12.
(3) Based on the application as intended in paragraph (1), Local Competent Authority checks the completeness and suitability requirements, at the latest 2 (two) days of after receive complete application, which results in the issuance of the approval or rejection of SHTI-Simplified Derivative Sheet.
(4) The form and format of SHTI-Simplified Derivative Sheet are listed in Attachment V that is an integral part of this Ministerial Regulation.
(1) Responsible person for UPI, exporter or someone appointed to obtain SHTI-Import, files application to the Local Competent Authority by enclosing the following:
(2) Based on the application as intended in paragraph (1), Local Competent Authority checks the completeness and suitability requirements, at the latest 2 (two) days after received complete application, which results is the approval or rejection for issuance of SHTI-Import.
(3) The form and format of SHTI-Import are listed in Attachment VI that is an integral part of this Ministerial Regulation.
(1) In order to ensure tracing of fishery products will be exported to the European Union, Local Competent Authority can check the origin of raw materials of fishery products to the related UPI.
(2) Checking as intended in paragraph (1) may be done by involving the Fisheries Supervisor and official in charge of the fishery processing and marketing.
Further provisions on the procedures for filling SHTI-First Sheet, SHTI-Derivative Sheet, SHTI-Simplified Derivative Sheet, and SHTI-Import determined by the Director General.
(1) Director General, Director General of Fishery Processing and Marketing, and the Director General of Marine Resources and Fisheries Supervision to guide the issuance of SHTI.
(2) The Director General as the Competent Authority provides guidance to the Head of Fishery Port of UPT of the Ministry, Head of Fishery Port of Local UPT, and Alternative Official as implementer of issuance of SHTI.
(3) The Director General of Fishery Processing and Marketing supervises UPI, exporters, importers, and ships owners who use SHTI.
(4) The Director General of Marine Resources and Fisheries Supervision conducts guidance to Fishery Supervisors to implement the issuance of the verification report of landed fishes.
(1) Local Competent Authority submits report on the issuance of SHTI to the Competent Authority every month.
(2) The competent authority based on the report as intended in paragraph (1) evaluates SHTI every 6 (six) months.
(3) The result of the evaluation as intended in paragraph (2) is used as a review and consideration material for the determination of Local Competent Authority.
SHTI is not a passing permit.
With the enforcement of this Ministerial Regulation, Regulation of the Minister of Marine and Fisheries Number PER.28/MEN/2009 concerning Certification of Catching Fishes shall revoked and declared void.
This Ministerial Regulation shall come into force on the date of promulgation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on June 29, 2012
MINISTER OF MARINE AND FISHERIES OF REPUBLIC OF INDONESIA,
signed,
SHARIF C. SUTARDJO