REGULATION OF THE MINISTER OF FORESTRY CONCERNING ADMINISTRATION DIRECTIVE FOR THE HARVEST OR CAPTURE AND DISTRIBUTION OF THE SPECIMENS OF WILD PLANT AND ANIMAL SPECIES
For the purpose of this decree, unless otherwise stated, the definition of:
(1) Administrative Directive of Harvest Or Capture And Distribution Of Specimens of Wild Plants and Animals aims to build an ordered wildlife distribution in order to support conservation of the wild population through implementation of administration of harvest, capture, collection, keeping, and transportation of specimens of wild plants and animals, utilized for study, research and development, captive management, exchange, commercial trade, exhibition, medicinal plants culture, and keeping for hobbies.
(2) Administrative Directive referred to in paragraph (1) is undertaken through the implementation of administration system, implementation of CITES provisions, development of awareness by users of wild plants and animals, and provision of protocols (procedures and mechanisms) for the law enforcement.
For the purpose of this decree, the scope of the Management Directive for The Harvest Or Capture And Distribution Of Specimens. Wild Plants And Animals comprises of control of all activities of harvest or capture, collection, transportation and legal acquisition of specimens of wild plants and animals, whether protected or unprotected, and whether for commercial or non-commercial utilization, and whether domestic or international.
(1) Specimens of wild plants and animals may be sourced from harvest or capture from:
(2) Specimens referred to in paragraph (1) may be originated from:
(1) Harvest or capture of wild plants and animals from the wild habitat referred to in Article 4 paragraph (1) clause a, can only be undertaken outside the protected areas (nature reserves, game reserves, national parks, recreation parks, and grand forest parks) or hunting areas.
(2) Harvest or capture of wild plants and animals sourced from the captive management referred to in Article 4 paragraph (1) clause b, can only be undertaken from the management units in accordance with the current legislation.
(1) Harvest or capture quota of the wild plants and animals specimens from the wild habitat is established as the maximum value in terms of the species and the number of specimens of those species which can be harvested or captured from the wild habitat.
(2) Quota referred to in paragraph (1) is established by the Director General by taking into account the recommendation by the Scientific Authority as the basis of the establishment, and is valid for one calendar year period, starting from January 13 up to December 315.
(1) Quota referred to in Article 6 paragraph (1) contains the name of species, maximum or minimum size and the unit measurement, and the area of harvest or capture at the provincial level or Regional Offices working area level.
(2) Quota referred to in paragraph (1) is aimed for the purposes of domestic and international utilization.
(3) Quota referred to paragraph (1) is established for the wild plants and animals specimens of the species listed or not listed in the CITES Appendices, whether protected or unprotected.
(4) Particularly for protected species from the wild habitat, quota referred to in paragraph (3) may be established after the designation of the species as a hunting animal.
(5) Designation as hunting animal of a protected species shall only be undertaken for protected species whose population in the wild habitat, based on scientific findings and recommendations by the Scientific Authority is relatively high or is exceeding the habitat carrying capacity and that the designation of the species as hunting animal will not be detrimental to the wild population.
(1) Recommendations referred to in Article 6 paragraph (2) shall be based on scientific data or information from population inventory or monitoring.
(2) In the case of the lack of data or information referred to in paragraph (1), information may be gathered based on:
(1) Population inventory and or monitoring referred to in Article 8 paragraph (1) may be undertaken by Scientific Authority, Regional Offices, Provincial Services whose main duty includes species conservation, Universities or Non Government Organizations.
(2) Population monitoring and or inventory referred to in paragraph (1) must be undertaken based on standardized methods established or developed by Scientific Authority.
(3) The results of the population monitoring and or inventory referred to in paragraph (1) may be submitted directly to the Scientific Authority or through the Director General or the Regional Offices.
(4) In the case that the results of the population monitoring and or inventory referred to in paragraph (1) is submitted through the Regional Offices, this office should submit the data or information, as one of the consideration to establish the recommendation of quota, to the Scientific Authority through the Director General.
Scientific Authority has its authority to independently collect data and information concerning population of the wild species of plants and animals, whether from the results of inventory monitoring referred to Article 9 paragraph (1) or other data and information referred to in Article 8 paragraph (2).
(1) In the case that an unprotected and non-CITES listed species is very abundant, it is regarded as sufficient that Scientific Authority provides guidance on the limits on the dimensions and it does not have to recommends the number of specimens which may be harvested or captured.
(2) The limits on the dimensions referred to in paragraph (1) includes limits on length, maximum or minimum weight, age class, sex, harvest or capture locations and the period of harvest or Capture.
(1) Director General assesses recommendation by the Scientific Authority and then, establishes harvest and capture quota of the specimens of wild plants and animals from the wild habitat.
(2) On the basis of technical management consideration, Director General may establish less quota than those recommended by the Scientific Authority.
(3) Review of the established quota may be undertaken at any time during the year, on the basis of the Scientific Authority recommendation.
(1) Established quota referred to in Article 12 paragraph (1) is sent by the Director General to the Head of Service, Head of Regional Office and User Association.
(2) Based on the quota referred to in paragraph (1), the Head of the Regional Office designate locations of harvest or capture.
(3) Established quota referred to in Article 1 2 paragraph (1) and the location referred to in paragraph (2) are the basis for the Head of Service and the Head of the Regional Office for issuance of permit for harvest or capture of specimens of wild plants and animals.
(4) The Head of Service or the Head of the Regional Office shall not issue permit for harvest or capture referred to in paragraph (3) based on circumstances other than quota established by the Director General.
(1) In particular for the export purposes, quota referred to in Article 12 paragraph (1) is allocated by the Director General to the registered exporters wishing to export specimens of wild plants and animals.
(2) Allocation referred to in paragraph (1) is undertaken by the Director General or by the designated authorised person taking into account the recommendation by the Association.
(1) In the designation of the location of harvest or capture of the wild plants or animals referred to in Article 13 paragraph (2), the Head of Regional Office shall take into consideration legal status of the location, population abundance habitat condition, land use plan, and cultural-social aspects of the local community.
(2) The location referred to in paragraph (1) shall at least mention the village name, sub-district name, district name and geographic or map coordinate.
(3) The designation of the location referred to in paragraph (2), shall be made on the location of harvest and capture map on the smallest scale 1:250,000, which is periodically updated at least every 2 (two) years;
(1) In order to ensure the population sustainability, in the permit to harvest or capture referred to Article 13 paragraph (3), the Head of Regional Office shall undertake rotation on the designation of the harvest or capture location within the region of harvest or capture.
(2) The rotation period shall be established based on the population condition, habitat, biological characteristics, and the behaviour of the species concerned.
(1) Harvest or capture of wild plants or animals whose species is not in the established quota may be permitted for the purpose of study, research and development, only if the Scientific Authority is satisfied that such a harvest or capture will not be detrimental to the wild population.
(2) Permit for harvest or capture referred to in paragraph (1) can only be granted by the Director General, except for those species which are protected, by the Minister.
(1) Captive management of plant shall mean any activity to artificially reproduce plants (artificial propagation) in a controlled condition from plant materials such as seeds, cuttings, divisions, spores, and callus tissues or other plant propagules.
(2) Captive management of animals shall mean any activity :
(3) Specimens of wild plants and animals resulted from the captive management referred to in paragraph (1) and paragraph (2) are one of the sources of stock of wild plants or animals specimens for commercial purposes and may be traded domestically or internationally, after meeting the requirements of captive management;
(4) Further provisions on captive management shall be regulated in separate Ministerial Regulation.
(1) In order to ensure the effectiveness of control of the utilization of wild plants and animals specimens sourced from captive management, a maximum number of specimens resulted from captive management is established.
(2) The maximum number referred to paragraph (1) is the upper limit in terms of the name of species and total specimens of wild plants and animals which can be taken from every captive management operation, including those resulted from wild based management operation.
(1) The limit of the product of captive management referred to in Article 19 paragraph (1) consist of limit on the species, size and number.
(2) Species and number referred to in paragraph (1) is the limit for the domestic and foreign trade (export).
(3) The limit of the product of captive management referred to Article 19 paragraph (1) shall be established for the wild plants and animal species listed or not listed in the CITES Appendices and whether protected or unprotected.
(1) Prior to the quota establishment, especially for specimens of protected species sourced from the wild habitat and from the first generation bred in captivity, the specimens shall he first, designated as hunting animals.
(2) The designation of hunting animal of protected species sourced from the first generation bred in captivity referred to paragraph (1) shall only be done for protected species which have been proven of having, based on scientific judgment by Scientific Authority, high reproduction rate (high fecundity), but which has slow maturity.
(1) The limit of the product of captive management referred to in Article 19 paragraph (1) shall be established for each captive management operation unit.
(2) The limit of the product of captive management referred to in paragraph (1) shall be established based on data on the capability of the operation unit to develop and produce population for harvest.
(3) Data on the capability of the operation unit referred to paragraph (2) may be obtained from recording, tagging, and periodical reporting by the operation unit and the crosschecking of such records and reports by the Regional Office or independent assessment team appointed by the Director General.
(1) The limit on the number of products of captive management referred to Article 22 is established by the Director General for the period of 1 (one) calendar year.
(2) The established limit referred to in paragraph (1) is sent to the Head of Regional Office, captive management operation units, and or wild-based management operation units.
(3) The limit referred to in paragraph (2) shall be used as one of the bases to grant export permit to the captive management operation units.
(1) Utilization of specimens of wild plant and animal species may be differentiated into:
(2) Non-commercial utilization referred to in paragraph (1) clause a, may be undertaken by:
(3) Commercial utilization referred to in paragraph (1) clause b, shall only be undertaken by Domestic Distributor of or International Distributor of wild plant and animal species, whose forms include:
(1) For the purpose of utilization of the specimens of wild plant and animal species, harvest or capture and distribution of specimens of wild plant and animal species may be undertaken.
(2) Harvest or capture referred to in paragraph (1) consist of:
(3) Distribution referred to in paragraph (1) consists of:
(1) Harvest or capture referred to in Article 25 paragraph (2) shall be covered by permit.
(2) Commercial distribution referred to in Article 25 paragraph (3) clause b and clause d, shall only be permitted to registered and approved domestic or international distributors.
(3) Especially for commercial harvest or capture Article 25 paragraph (2) clause b, permit may be granted to the domestic distributors referred to in paragraph (2) or to the collectors of specimens of wild plant and animal.
(1) Harvest or capture of specimens of wild plant or animal species shall be in accordance with the permit for harvest and capture, which includes location of harvest or capture, and shall be undertaken by individual or group, technically capable and skilful in undertaking harvest or capture.
(2) Harvest or capture of specimens of wild plant or animal species referred to paragraph (1) shall be undertaken with precaution taking into account the sustainability and avoid causing death or injury on the specimens captured.
(3) The method to harvest or capture of specimens of wild plant or animal species referred to paragraph (1) shall also avoid disturbance or detriment to the wild population, habitat and environment.
(4) Particularly for animal, capture shall take animal welfare into consideration, namely by avoiding hurts, injury, killing, or other cruelty which causes stress to the captured specimens or to the animals or population left in the habitat.
Particularly for live animals, the captured animals shall be collected in appropriate place in order to avoid physical injury, harming the health and behaviour, stress and death.
(1) Permit for non-commercial harvest or capture may be granted to:
(2) Permit for harvest or capture referred to in paragraph (1) to cover:
(1) Mechanisms and procedures permit issuance for harvest or capture of wild plant or animal, for unprotected species and protected species which is designated for hunting al referred to in Article 29 paragraph (2) clause a, and which are included in the quota of harvest or capture, are as follows:
(2) The mechanisms and procedures of permit issuance for harvest or capture of wild plants and animals for protected species and or included in CITES Appendix-I referred to in Article 29 paragraph (2) clause b, or unprotected species referred to in Article 29 paragraph (2) clause a but which is not included in the harvest or capture quota, are as follows:
(1) Permit for commercial harvest or capture shall only be granted to:
(2) Permit for harvest or capture referred to in paragraph (1) shall only be granted for unprotected species and protected species designated for hunting animal, and which is included in CITES Appendix-I, II, lll or Non-CITES species.
(3) Permit referred to in paragraph (2) shall be granted by the Head of Regional Office.
(1) The mechanisms and procedures for the issuance of permit of harvest or capture of unprotected species and protected species designated for hunting animal are as follows:
(1) The Head of Regional Office shall undertake inspection on specimens of wild plants and animals stocked for commercial purposes.
(2) The inspection referred to in paragraph (1) shall be based on the permit for harvest or capture, or application for domestic transport, or application for export.
(3) The result of inspection referred to paragraph (1) shall be recorded in the Official Record of Stock Inspection.
(4) Official Record of Stock Inspection shall contain information on:
(5) Further provision on the Official Record is regulated by Director General.
(1) Permit to cover non-commercial utilization for the purposes of study, research and development for:
(2) The mechanisms and procedures of permit issuance for the utilization referred to in paragraph (1) are as follows:
(1) Permit to cover non-commercial utilization for the purpose of exchange for:
(2) The mechanisms and procedures of permit issuance for the utilization referred to in paragraph (1) are as follows:
(1) Permit to cover non-commercial utilization for the purpose of care for hobby shall only be granted for unprotected species.
(2) Permit referred to in paragraph (1) is issued by the Head of Regional Office.
(3) The mechanisms and procedures of permit issuance for the utilization referred to in paragraph (1) are as follows:
(1) Permit to cover non-commercial utilization for the purpose of non-commercial exhibition may be granted for protected or unprotected species.
(2) For the protected species, permit shall only be granted to the ex situ conservation institution or non-profit institution approved by the Minister.
(3) Permit referred to in paragraph (1) is issued by:
(4) The mechanisms and procedures of permit issuance for the utilization referred to in paragraph (1) are as follows:
(1) Permit to cover non-commercial utilization to or from foreign countries consists permit for distribution of specimens of wild plant or animal species in the forms of:
(2) Permit for non-commercial utilization to or from foreign countries referred to in paragraph (1) may be granted for the purposes of:
(3) Permit referred to in paragraph (1) clause a and b shall be issued by the Minister, and paragraph (1) clause c shall be issued by the Director General or official authorized.
(4) Mechanisms and procedures of permit issuance referred to in paragraph (3) are as follows:
(1) Permit for foreign utilization (export) referred to in Article 38 paragraph (1) clause a for the specimen of protected and CITES listed species shall only be granted for the purpose of study, research and development and/or exchange between research institutions or institutions undertaking breeding for species conservation and re-introduction to the wild habitat.
(2) Exemption from the provision referred to in paragraph (1) may be granted only for the specimens produced from captive breeding operation which has met the requirements as provided in the Government Regulation No. 8/1999 and its implementing regulation.
(3) Requirements to obtain permit for foreign utilization referred to in paragraph (1) are as follows:
(1) Export in the form of biological samples of specimens included in Appendix-I, Appendix-II or Appendix-III, may be permitted:
(2) Export of biological samples shall only be permitted if such an export would not cause negative impact, or the impact on the conservation and the science is considered to be negligible, domestically or internationally.
(3) Permit referred to in paragraph (2) is issued by the Director General.
(4) Export of specimen referred to in paragraph (2) shall only be permitted after recommendation and advise by the Scientific Authority concerning, among others, negative impact or conservation impact referred to in paragraph (2), is given, except for urgent purposes referred to in paragraph (1) clause a.
(1) Export of specimens of care for hobby referred to in Article 38 paragraph (2) clause c, whether dead or alive or parts or derivatives thereof, in the forms of personal effects or tourist souvenirs shall be taken personally by the owner or by the authorised person as an accompanied goods, whether taken to or brought from foreign countries.
(2) Export, re-export or import personal effect or tourist souvenir specimen of a protected species included in CITES Appendix-I is prohibited.
(3) Prohibition referred to in paragraph (2) includes also selling of tourist souvenirs in international departure areas, such as at an international airport, seaport and land border check point, beyond customs control.
(4) Exemption from the prohibition referred to in paragraph (2) may only be granted for specimen of Appendix-I species of hunting trophy whose quota had been previously established in the Conference of the Parties to CITES, or products of captive breeding or artificial propagation from operation registered by the CITES Secretariat.
(5) Maximum number of specimen of personal effect and tourist souvenirs permitted for each person, is as follows:
(1) Export, re-export or import of personal effects or tourist souvenirsspecimens of unprotected species and included in CITES Appendix-II and Appendix-III is permitted after the issuance of CITES permit.
(2) Personal effect or tourist souvenir referred to in paragraph (1) shall be limited only for personal belonging obtained outside the country of usual residence, and not valid for live specimen or specimen transported in an un-accompanied baggage.
(3) Permit and export procedure for personal effect and tourist souvenir specimens referred to in paragraph (1) may be simplified in accordance with CITES provisions.
(4) Further provision concerning simplification and the format of permit for personal effect and tourist souvenir is regulated by the Director General.
(1) Permit for domestic commercial utilization consists of permit for domestic distribution of specimen of wild plant or animal whether of protected species designated for hunting animal or unprotected species, within the country.
(2) Permit for domestic commercial utilization referred to in paragraph (1) is granted for the purpose of:
(3) Permit for domestic commercial utilization for the purpose of trade referred to in paragraph (2) clause a, shall hereinafter be referred to as Permit for Domestic Distribution, and issued by the Head of Regional Office.
(4) Permit for domestic commercial utilization for the purpose of trade referred to in paragraph (2) clause b, shall hereinafter be referred to as Permit for Captive Management and issued by Head of Regional Office, whether for protected or the unprotected species.
(5) Permit for domestic commercial utilization for the purpose of exhibition referred to in paragraph (2) clause c, shall hereinafter be referred to as Permit for Domestic Commercial Exhibition and granted especially for protected species, and issued by:
(6) Permit for domestic commercial utilization for the purpose of culture of medicinal plants referred to in paragraph (2) clause d, shall hereinafter be referred to as Permit for Commercial Culture of Medicinal Plants and granted especially for protected species, and issued by:
(1) Mechanisms and procedures for obtaining Permit for Domestic Distribution or Domestic Trade referred to in Article 43 paragraph (2) clause a are as follows:
(2) Proposal or Annual Working Plan referred to in paragraph (1) clause b number 4) consist of among others information on: company profile, organization, source of specimen, collection method, transportation method, facilities and program for conservation of the species being traded.
(3) Technical consideration to approve or reject the application referred to in paragraph (1) clause c shall refer to the criteria, which include:
(4) Proposal or Annual Working Plan and technical consideration referred to in paragraph (2) and paragraph (3) shall be the main bases in considering whether the application is approved or rejected.
(5) Permit for Domestic Distribution shall be valid for 5 (five) years and may be extended.
6) Further provision concerning criteria to assess proposal, annual working plan and technical consideration, shall be regulated by the Director General.
(1) Application for extension of expired permit referred to in Article 44 paragraph (5) shall be submitted to the Head of Regional Office no latter than 2 (two) months before the expiration of the permit, accompanied by report on the actual harvest or capture, in the case the permit bearer is granted with permit for harvest or capture, and report on actual domestic distribution and the work plan.
(2) Extension of permit referred to in paragraph (1) may be granted when meeting the following requirement:
(3) The Head of Regional Office may reject to extend the permit if the requirements referred to in paragraph (1) and (2) are regarded not r-net.
(1) The bearer of the Permit of Domestic Distribution which is also granted with permit for harvest and capture referred to in Article 31 shall look after people who undertake harvest or capture and inform them concerning the species, location, number of specimen, size, and other requirements set in the permit of harvest or capture issued by Regional Office.
(2) The bearer of the Permit of Domestic Distribution shall have place and facilities for collection of specimens of wild plant or animal, which meet the requirements establish by the Director General.
(3) The bearer of the Permit, through cooperation with Regional Office, Association and or Non Government Organization shall provide guidance, training and skill education concerning harvest or capture and issues on species conservation and environment to the people who undertake harvest or capture.
(1) Mechanisms and procedures to obtain Permit of Captive Management referred to in Article 43 paragraph (2) clause b are as follows:
(2) Proposal or Annual Working Plan referred to in paragraph (1) clause b number 4) consist of among others information on: company profile, organization, source of specimen, collection method, transportation method, facilities and program for conservation of the species being managed.
(3) Technical consideration to approve or reject the application referred to in paragraph (1) clause c shall refer to the criteria which include:
(4) Proposal or Annual Working Plan and technical consideration referred to in paragraph (2) and paragraph (3) shall be the main bases in considering whether the application is approved or rejected;
(5) Permit for Captive Management shall be valid for 5 (five) years and may be extended;
(6) Further provision concerning criteria to assess proposal, annual working plan and technical consideration, shall be regulated by the Director General.
(1) Mechanisms and procedures to obtain Permit for Domestic Commercial Exhibition referred to in Article 43 paragraph (2) clause c are as follows:
(2) Proposal or Annual Working Plan referred to in paragraph (1) clause b number 4) consist of among others information on: company profile, organization, source of specimen, collection method, transportation method, facilities and program for conservation of the species being managed.
(3) Technical consideration to approve or reject the application referred to in paragraph (1) clause c shall refer to the criteria which include:
(4) Proposal or Annual Working Plan and technical consideration referred to in paragraph (2) and paragraph (3) shall be the main bases in considering whether the application is approved or rejected.
(5) Permit of Commercial Exhibition valid for 3 (three) years and may be extended.
(6) Further provision concerning criteria to assess proposal, annual working plan and technical consideration, shall be regulated by the Director General.
(1) Mechanisms and procedures to obtain Permit for Culture of Medicinal Plants referred to in Article 43 paragraph (2) clause d are as follows:
(2) Proposal or Annual Working as referred to in paragraph (1) clause b number 4) consist of among others information on: company profile, organization, source of specimen, collection method, transportation method, facilities and program for conservation of the species being managed.
(3) Technical consideration to approve or reject the application referred to in paragraph (1) clause c shall refer to the criteria which include:
(4) Proposal or Annual Working Plan and technical consideration referred to in paragraph (2) and paragraph (3) shall be the main bases in considering whether the application is approved or rejected.
(5) Permit for Culture of Medicinal Plants shall be valid for 5 (five) years and may be extended.
(6) Further provision concerning criteria to assess proposal, annual working plan and technical consideration, shall be regulated by the Director General.
(1) Permit for foreign commercial utilization consists of permit for distribution of specimen of wild plant or animal of the protected species which has been designated for hunting animal, and unprotected species and or species listed in CITES the appendices, whether from or to foreign countries, for the purposes of:
(2) Permit for foreign commercial utilization for the purpose of trade referred to in paragraph (1) clause a, shall also be referred to as Permit for Foreign Distribution, which is issued by Director General.
(3) Permit for foreign commercial utilization for the purpose of exhibition referred to in paragraph (1) clause b, shall also be referred to as Permit for Foreign Commercial Exhibition, which is issued by Director General.
(1) Mechanisms and procedures to obtain Permit for Foreign Distribution referred to in Article 50 paragraph (2) clause d are as follows:
(2) Proposal or Annual Working Plan referred to in paragraph (1) clause b number 4) consist of among others information on: company profile, organization, source of specimen, collection method, transportation method, facilities and program for conservation of the species being managed.
(3) Technical consideration to approve or reject the application referred to in paragraph (1) clause c shall refer to the criteria which include:
(4) Proposal or Annual Working Plan and technical consideration referred to in paragraph (2) and paragraph (3) shall be the main bases in considering whether the application is approved or rejected.
(5) Permit for Foreign Distribution shall be valid for 5 (five) year and may be extended.
(6) Foreign Distributor shall have place and facility for adequately accommodate the specimen of wild plants or animals, which shall meet the requirements set by the Director General.
(7) Further provision concerning criteria to assess proposal, annual working plan and technical consideration, shall be regulated by the Director General.
(1) Application for extension of expired permit referred to in Article 51 paragraph (5) shall be submitted to the Director General 3 (three) months, at the latest, before the permit is expired, accompanied by reports on actual transaction and the work plan.
(2) Extension of permit may be granted if the following requirements are met:
(3) Director General may reject to extend the permit if the applicant does not meet the requirements referred to in paragraph (1) and paragraph (2).
(1) Permit for Foreign Distribution referred to in Article 50 paragraph (2) shall not be granted to foreign citizen or foreign investment, or domestic investment in which part of the shares are of foreign investment.
(2) Exemption to the provision referred to in paragraph (1) may be given for trade in captively bred specimen, artificially propagated specimen, or specimen not native to Indonesia.
Permit for Foreign Distribution referred to Article 50 paragraph (2) shall only be given for:
(1) Mechanisms and procedures to obtain Permit for Foreign Commercial Exhibition referred to in Article 50 paragraph (3) are is, follows:
(2) Permit for Foreign Commercial Exhibition shall be valid for 1 (one) year and may be extended.
(1) Domestic non-commercial distribution of plant or animal specimens shall be referred to activities of distribution of plant or animal specimens within the country whose purpose is not intended to obtain economic benefits, whether in cash or in kind.
(2) Domestic non-commercial distribution includes:
(3) Domestic non-commercial distribution may be undertaken for specimens of protected or unprotected species, except those whose purpose is care for hobby, shall only be using unprotected species or products of captive management of protected species.
Domestic non-commercial distribution shall be covered by Permit for Domestic Transport of Wild Plants and Animals (SATS-DN).
(1) Foreign non-commercial distribution , of plant or animal specimens shall be referred to activities of distribution of plant or animal specimens from or to a foreign country, whose purpose is not intended to obtain economic benefits, whether in cash or in kind.
(2) Foreign non-commercial distribution includes:
(3) Foreign non-commercial distribution May be undertaken for specimens of protected or unprotected species, and species listed in CITES Appendices, except those whose purpose is care for hobby, shall only be using unprotected species or products of captive management of protected species and listed in Appendix-11 or Appendix-III.
(4) Foreign non-commercial distribution may be undertaken in the forms of export, import, re-export, and introduction from the sea.
(1) Export, import, re-export or introduction from the sea for non-commercial purposes shall be covered by Permit for Foreign Transport of Wild Plants and Animals (SATS-LN).
(2) Officers of Regional Office or Customs or Quarantine shall verify the information contained in the SATS-LN and the specimens.
(1) Domestic commercial distribution of plant or animal specimens shall be referred to activities of distribution of plant or animal specimens, whose purpose is intended to obtain economic benefits, whether in cash or in kind and intended for re-sale, exchange, provide service or other forms of utilization, within the country.
(2) Domestic commercial distribution referred to paragraph (1) shall only be undertaken by Domestic Distributor referred to in Article 43.
All and any activities of domestic commercial distribution shall be covered by Permit for Domestic Transport of Wild Plants and Animals (SATS-DN).
Foreign commercial distribution of plant or animal specimens shall be referred to trade and exhibition, including travelling live-animal exhibitions, through activities of export, import, re-export, and introduction from the sea, whose purpose is intended to obtain economic benefits, whether in cash or in kind and intended for re-sale, exchange, provide service or other forms of utilization or economic benefits, from or to a foreign country.
(1) Foreign commercial distribution, whether export, import, re-export, or introduction from the sea, shall be covered by Permit for Foreign Transport of Wild Plants and Animals (SATS-LN).
(2) Officers of Regional Office or Customs or Quarantine shall verify the information contained in the SATS-LN, or in the case of import, in the import permit issued by authority from the exporting country, and the specimens.
Export, Import, Re-export or Introduction from the sea for commercial purposes of specimens of wild plant or animal of the protected species and or listed in CITES Appendix-I is prohibited.
(1) Import for commercial purposes, captive bred or artificially propagated specimens of Appendix-I animal or plant species, or of Appendix-11, Appendix-III or non-Appendix species, shall be covered by SATS-LN for import.
(2) Import of specimens of the Appendix-I, Appendix-II and Appendix-III species shall be covered by export or re-export permit or in case of Appendix-III, certificate of origin issued by CITES Management Authority of exporting country.
(3) Import of specimens of CITES-listed species from non range country, shall be covered by re-export certificate issued by CITES Management Authority of re-exporting country.
(4) Re-export certificate referred to in paragraph (3) shall inform the name of the country of origin and reference of export document of the country, where the specimen was originally harvested or captured.
Particularly for foreign distribution in the forms of export, import or re-export of specimens of cut flowers resulted from artificially propagated plants whose parents were legally obtained, are exempted from the provision of Article 63.
(1) Documents for Distribution of specimen of plant or animal species consist of:
(2) Permit for Foreign Transport of Wild Plants and Animals (SATS-LN) referred to paragraph (1) clause b, comprises of:
(1) Permit for Domestic Transport of Wild Plants and Animals (SATS-DN) at least covers the following information:
(2) SATS-DN referred to paragraph (1) shall be valid for a maximum period of 2 (two) months since the date of issuance.
(3) Especially for transporting live animal, there shall be conditions stated in the permit as follows:
(4) Besides SATS-DN, transport shall also be covered by other certificates issued by competent authority, regulated by current law and regulation.
(5) Format of SATS-DN is further regulated by the Director General.
(1) SATS-DN shall be issued by the Head of Regional Office or by the Head of District Section authorised thereof.
(2) The SATS-DN may be issued after it has been shown the existence of:
(3) Information on the legal source referred to in paragraph (2) consists of permit for harvest or capture, or SATS-DN from other region.
(4) Number of specimens and the species in the SATS-DN issued at the current year, shall not exceed the quota of harvest or capture within the current year and the current region.
(5) SATS-DN shall only be valid for 1 (one) shipment and shall be cancelled by the Head of Regional Office or the Head of District Section of the destination.
(6) In case of individual obtained the specimen from registered distributor, legality concerning the source of specimen referred to in paragraph (2) shall be covered by invoice or receipt of purchase and legalised by at least Head of District Section.
(1) Director General, in accordance with its competence as the CITES Management Authority for Indonesia, shall issue SATS-LN to cover international distribution of specimens of wild plant or animal of the species included or not included in the CITES Appendices, for commercial or non-commercial purposes, after it has been satisfied that the following documentations are shown and proven:
(2) SATS-LN referred to paragraph (1) may be in the forms of:
(3) SATS-LN referred to in paragraph (2) shall be made standard and in accordance with the guidelines set in the CITES Resolution of the Conference of the Parties, and printed in two languages, Indonesian and English, while SATS LN to cover non-CITES species shall be further regulated by Director General.
(1) SATS-LN Export for commercial purposes may be granted to cover exports of specimens of unprotected species included in the Appendix-I, Appendix-II or Appendix-III or NonAppendix, and shall meet the following conditions:
(2) SATS-LN Export shall not be issued for commercial purposes to cover export of specimens of protected species and or included in CITES Appendix-I, except those of captive management products which have met the requirements of captive management.
(3) SATS-LN Export for non-commercial purposes to cover wild caught specimens of Appendix-I species, shall only be issued after the Management Authority of importing country issued CITES Import Permit.
(1) SATS-LN Import for commercial or non-commercial purposes may be issued to cover import of captive bred or artificially propagated specimens of the species included in Appendix-I SATS-LN, specimens of species included in Appendix-II, Appendix-III or non-Appendix.
(2) SATS-LN Import for non-commercial purposes for specimens of the species included in Appendix-I shall not be issued before advice from the Scientific Authority has been received.
(3) SATS-LN Import shall not be issued for commercial purposes to cover import of wild caught specimens or products of captive breeding from operation not registered with CITES Secretariat of the species included in Appendix-I.
(4) SATS-LN Import for commercial purposes to cover import of bred Specimens of the species included in Appendix I shall only be granted to the captive breeding operation which has been registered with the CITES Secretariat.
(5) SATS LN Import referred to in paragraph (1) shall not be issued to cover specimens of the species known to be:
(1) SATS-LN Re-export for commercial or non-commercial purposes may be issued to cover export of previously imported specimens of the species of plants or animals included in Appendix-I, Appendix-II, Appendix-III or Non-Appendix.
(2) Issuance of SATS-LN Re-export to cover specimens of the species included in Appendix-I, Appendix-II and Appendix-III to CITES, whether for commercial or non-commercial purposes, shall only be done after legality requirements on import referred to in Article 72 are met.
(3) Legality of import referred to in paragraph (2) shall be shown by the existence of:
(4) SATS-LN Re-export to cover specimens of the species included in Appendix-I and not of captive bred specimens, shall only be granted after the following requirements are met:
(1) SATS-LN Certificate Introduction from the Sea for commercial or non-commercial purposes to cover introduction from the sea specimen of wild plants and animals included in CITES Appendices.
(2) SATS-LN Certificate Introduction from the Sea shall only be issued when:
SATS-LN Certificate Introduction from the Sea for commercial purposes shall be valid only for specimen of the species included in Appendix-II or of Appendix-I species transferred to Appendix-II in the Conference of the Parties.
(1) SATS-LN export, Import, Re-export, Certificate of Origin, or Certificate of Introduction from the Sea, shall not be issued retrospectively, unless under the prior consent by both Management Authorities in the country of destination and in Indonesia.
(2) Retrospective issuance of SATS-LN referred to in paragraph (1) shall be referred as an issuance of permit when the specimens have arrived in the destination or in transit.
(1) To obtain SATS-LN for commercial purposes, applicant shall submit application to the Director General.
(2) Application referred to in paragraph (1) shall meet the following requirements, and accompanied by the following documents:
(3) Based on the application referred to in paragraph (1), Director General may issue SATS-LN for commercial purposes.
(4) SATS-LN referred to in paragraph (3) is granted for the maximum period of G (six) months, since the date of issuance, except for import, may be valid for maximum 1 (one) year.
(1) Specifically for specimens of artificial propagation of particular horticulture plants, the export is exempted from provision of Article 77 paragraph (2) clause b, clause c, and clause d.
(2) Specimens of artificial propagation of particular horticulture plants referred to in paragraph (1) include:
(3) Exemption referred to in paragraph (1) may be granted to the distributor of artificially propagated plants, whose products shall be reported monthly to the Director General, and verified by the Head of Regional Office by doing cross check.
(4) Artificially propagated specimens of orchids (Orchidaceae) of the following are exempted from the obligation of using SATS-LN, namely:
(1) In order to obtain SATS-LN for non-commercial purposes, applicant shall submit application to the Director General.
(2) Application referred to in paragraph (1) shall meet the following conditions:
(3) Based on the application referred to in paragraph (1), the Director General may issue SATS-LN for non-commercial purposes.
(4) SATS-LN referred to in paragraph (3) shall ho valid for maximum of 6 (six) month period since the date of issuance, except for import, it may be valid for a maximum of 1 (one) year period.
(1) Fee for Provision of Forest Resources (PSDH) shall be levied to any utilization of wild plants and animals taken from the wild, as the compensation to the intrinsic values of the resource.
(2) The levy of the PSDH referred to in paragraph (1) shall be based on the basic price of the resource.
(3) Fee levied on the utilization of wild plants and animals is regulated by current law and legislation.
(1) Director General as the CITES Management Authority shall co-ordinate in development of policy, implementation of the Convention and law enforcement, especially with Director General of Custom, Police of the Republic Indonesia and Quarantine.
(2) In order to assist with its works as the Management Authority, the Director General may form working groups, which consist of related agencies institutions and or develop Memorandum of Understanding with related agencies in order to strengthen the function of each agency and to assist each other in the development of policy, implementation of the Convention and law enforcement referred to in paragraph (1).
(1) Universities, Research Institutions and other competent Scientific Institutions, whether local, national or international, may take their roles in the framework to support the endeavours in development of policy on sustainable utilization of wild plant and animal species.
(2) The roles referred to in paragraph (1) may be in the forms of research and study in order to assist on the development of scientific basis for sustainable use of wild animals and plants.
(3) Provisions referred to in paragraph (2) shall be conducted in accordance with the existing law and regulation.
(1) Environmental Non Government Organizations, Groups of Nature Lover, and Interest Groups on Environment may also play their roles in monitoring of the trades, providing inputs and assessment on the potential of the population of wild animals and plants in the wild, capacity building and assisting to strengthen law enforcement.
(2) In playing their roles referred to in paragraph (1), Non Government Organizations may work in collaboration with the Management Authority and the Scientific Authority.
(1) Association of wild plants and animals users shall be referred to as a non-profit organization whose members consist of companies and business units holding permits for commercial domestic or foreign distribution and utilization of plants and animals.
(2) Association referred to in paragraph (1) shall be formed by and for the members of association, and in order to run its function, it may collect fees from the member.
(1) Association referred to in Article 85 shall be formed with the aims to assist the permit holders, as to guide the permit holders to run the business in accordance with the conservation principles.
(2) Association referred to in paragraph (1) shall function as the space for the permit holders, shall have the following roles:
(1) Association referred to in Article 84 shall be positioned as the partner for the Government in undertaking guidance and control of trade in the specimens of wild plant or animal species.
(2) Association referred to in paragraph (1) shall not be responsible to the Government but hold the responsibility to its members.
(1) Control on harvest and capture of the specimen of wild animal and plant species shall be conducted by:
(2) Control referred to in paragraph (1) shall be conducted with the aims:
(1) The control whose aim is referred to in Article 87 paragraph (2) clause a shall be conducted through monitoring of harvest or capture in the field and cross-checking of the reports on the result of harvest or capture in the collection place.
(2) The control whose aim is referred to in Article 87 paragraph (2) clause b shall be conducted through undertaking regular monitoring in the places where harvest or capture is conducted.
(3) The Control referred to in paragraph (1) shall be undertaken to assure that harvest or capture is in accordance with the species, number of specimen, size of specimen and designated location as indicated in the harvest or capture permit, and in accordance with the current legislation.
(4) The control whose aim is referred to in Article 87 paragraph (2) clause of c shall be conducted by controlling the use of equipments, method of harvest or capture and the way of collection.
(1) Head of Regional Office shall make Official Record of Inspection when the control referred to in Article 88 was undertaken by physical inspection of the specimens resulted from the harvest or capture.
(2) Head of Regional Office shall keep record and update data for the purpose of monitoring of harvest or capture.
(3) Head of Regional Office shall report the entire activities of control and monitoring as referred to in paragraph (1) and paragraph (2) to the Director-General.
(4) Further provisions regarding the Official Record of Inspection and reporting system shall be regulated by Director-General.
Head of Provincial Office shall pursue with the judiciary process of all violation and crime committed in relation to harvest and capture of wild plants or animals.
(1) In order to control the utilization, marking shall be conducted to the wild animals and plants especially to the specimens of the followings:
(2) Format, size, and tagging procedures for the specimen referred to in paragraph (1) shall be adapted to the species concerned.
(3) Further provisions, concerning marking shall be regulated by separate Ministerial Regulation.
(1) Head of Regional Office shall conduct inspection and control of the possession of wild animal plant specimens, either protected or unprotected species, whether included in Appendix-I, Appendix-II or of Appendix-III.
(2) All possession of specimens referred to in paragraph (1) shall be covered by authentic evidence indicating that such specimens were legally acquired.
(1) Head of Regional Office shall conduct inspection and control of domestic exhibition and contest involving wild animals.
(2) Exhibition and contest, which involve animals referred to in paragraph (1) shall be prohibited when involving wild caught specimens of species whether protected or unprotected and whether included in Appendix-I, Appendix-II or Appendix-III CITES.
(3) All specimens of animal species exhibited or contested referred to in paragraph (1), shall be covered by authentic evidence indicating that such specimens were legally acquired.
(1) Head of Regional Office shall conduct inspection and control trade in the specimens of wild animal species in animal markets and other places selling the specimens of wild animals, such as restaurants, traditional medicine shops and souvenir shops.
(2) All specimens of animal species traded in animal market and other places referred to in paragraph (1), shall be covered by authentic evidence indicating that such specimens were legally acquired.
Head of Regional Office shall pursue to the judiciary process of all violation and crime related to domestic distribution of specimens of wild animal and plant species in accordance with the current law and regulation.
(1) Control of distribution of Export, Import, Re-export and Introduction from the Sea shall be conducted through inspection and monitoring of permits in accordance with CITES provisions.
(2) Control of distribution through permit inspection as mentioned in paragraph (1) is undertaken by issuance of permits SATS-LN and cross examination between document and the specimens of wild animal and plant being transported.
(3) Control of distribution through permit monitoring referred to in paragraph (1) is conducted through development of reporting system of actual transaction.
(1) Specimens of wild plants or animals for Export/re-export or import or introduction from sea shall be covered by original SATS-LN.
(2) SATS-LN referred to in paragraph (1) shall not be valid if the verification column is not verified and signed by the authorized official referred to in Article 59 and Article 63.
(3) Authentic SATS-LN referred to in paragraph (1) shall be submitted to the CITES Management Authority of the country of destination, when the specimens have arrived at the country of destination.
(1) Head of Regional Office or authorized officer or Customs officers or Quarantine officers shall verify by examining SATS-LN document and the exported specimen that and fill the results of inspection on the column of inspection on SATS-LN referred to in Article 59 and Article 63.
(2) For the reason of inspection efficiency, verification referred to in paragraph (1) may be undertaken in the place of specimen packaging.
(3) Packaging or container which have been inspected and found in compliance with the conditions stated- in the SATS-LN shall then be sealed.
(4) Sealed referred to in paragraph (3) shall be made and determined by Head of Regional Office and communicated to the inspection officers in field.
(5) One copy of verified SATS-LN referred to in paragraph (2) shall be sent to the Director General.
(1) Specimens of wild animal and plant species introduced into the jurisdiction of the Republic of Indonesia (imported) shall be subject to inspection.
(2) Inspection referred to in paragraph (1) shall be conducted in ports of import (customs area), including in border inspection posts.
(3) Inspection of the specimens of wild animal and plant species referred to in paragraph (1) shall be conducted by Customs Officer or Quarantine Officers assisted by Forest Special Police.
Specimens of the wild plant and animal species introduced into Indonesian territory (imported) shall be regarded as illegal when found to meet the following matters:
The Head of Regional Office shall pursue to take legal process of any violation concerning export, import, re-export and introduction from the sea, in accordance with the current law and legislation.
(1) Every holder of permit for commercial harvest or capture for trade purposes, who has undertaken collection of wild plant or animal specimens, shall make records and submit reports concerning the stock pile of the wild plant or animal specimens to the Head of Regional Office in monthly basis.
(2) The Head of Regional Office shall cross check the reliability of the reports referred to in paragraph (1).
(3) The Head of Regional Office shall report to the Director General on all permits it has granted and the results of harvests and captures in its area of responsibility.
(4) The mechanisms concerning the reporting referred to in paragraph (1), shall be further regulated by Director General.
(1) Holders of the Permit for Domestic Distributors shall make records on the stock pile and submit reports on the trade in the specimens of wild plants or animals.
(2) Reports referred to in paragraph (1) are in the forms of actual transaction reports and periodical reports every three months (quarterly reports) and every year (annual reports) to the Head of Regional Office with a copy sent to the Director General.
(3) Transaction reports referred to in paragraph (2) consists of:
(4) Quarterly reports and annual report are summary transaction reports and the reports concerning change in stock caused by mortality and birth, and other causes.
(5) Particularly for annual reports, it shall be accompanied by Annual Work Plan, containing the plan for the next one year.
(6) The Head of Regional Office shall cross check the records and reports referred to paragraph (2) with the actual specimens and changes in the field.
(7) The Head of Regional Office shall send a copy of the SATS-DN granted to the Director General, at least three working days after the date of issuance.
(8) In each end of December, the Head of Regional Office shall submit a report concerning the actual transaction on the domestic distribution of wild plants or animals, to the Director General.
(1) Holders of Permit for Foreign Distribution of wild plant and animal specimens shall submit reports concerning the realization of foreign trade in specimens of plants or animals based on the SATS-LN granted.
(2) Reports referred to in paragraph (1) are in the forms of transaction reports and periodical reports every three months (quarterly reports) and every one year (annual report) to the Director General.
(3) Especially for Annual Report, it shall be accompanied by Annual Working Plan, containing the plan for the one coming year.
(4) Transaction reports referred to in paragraph (2) consist of:
(5) Quarterly reports and annual reports shall consist of the summary of transaction reports and the changes on stockpile because of death, birth, or other causes.
(6) The report to the Director General as the CITES Management Authority shall include reports on:
(1) Director General shall submit annual reports and biennial reports to the CITES Secretariat.
(2) Annual reports referred to in paragraph (1) contain reports on the actual transaction of export, import, re-export and introduction from the sea specimens of the species included in the CITES Appendices.
(3) Biennial reports referred to in paragraph (1) contain development on legislation, regulation and administrative implementation of CITES enforcement.
(4) Annual reports referred to in paragraph (1) shall be submitted to CITES Secretariat at least on October of the following year, while biennial reports may be submitted separately or together with the annual report.
(5) Format of the annual and biennial reports shall be in accordance with CITES provisions.
In order to develop effective control system on the wild plants and animal utilization, Director General, based on the developed reporting system, shall develop information system and updated data base concerning harvest or capture, domestic distribution, and foreign distribution.
(1) The Head of Regional Office shall undertake supervision on the people undertaking harvest and capture, registered collectors and holders of the permit for domestic distribution of wild plants or animals, periodically every three months.
(2) Holders of Permit for domestic distribution of wild plants or animals shall undertake supervision on their working partners, namely people undertaking harvest or capture of wild plants or animals.
(3) The exporters, under the coordination by association, together with Regional Office shall undertake supervision on the registered domestic distributors and collectors.
(4) Director General shall undertake supervision on the Head of Regional Offices, Foreign Distributors, and association.
(1) Director General shall publish guidelines, directions, and technical standards related to the utilization of wild plant and animal species and undertake dissemination of the above provisions.
(2) For the Publication of guidelines, directions, and technical standards referred to paragraph (1) the Director General may cooperate with non governmental organizations, universities, scientific institutions national or international.
(1) Director General may designate Task Force whose members may consist of Civil Servant Investigators from the Central Government and from the Regional Offices of the Directorate General.
(2) Task Force referred to in paragraph (1) shall have the duties to undertake observation and investigation and pursue the legal process on cases of violation of current law and regulation related to wild plants and animals at the national or inter-provinces level and international levels.
(1) Head of Regional Office whose areas of duties include ports of export or import shall undertake coordination with the officials of Customs, Animal Quarantine, Plant Quarantine and Fish Quarantine.
(2) For the implementation of coordination referred to in paragraph (1) the Head of Regional Office may develop formal cooperation in the form of Memorandum of Understanding.
Specimens of plants or animals involved in the violation of Article 26 paragraph (1), Article 27 paragraph (1), Article 57, Article 59, Article 61, and Article 63, shall be liable for confiscation in accordance with Article 64 paragraph (1) and paragraph (2) of the Government Regulation No. 8/1999.
(1) Whosoever undertakes violation to the current provisions under this Regulation shall be liable for sanction in accordance with the Government Regulation No. 8/1988 concerning Wild Plants and Animals Utilization.
(2) Sanction in the forms of administrative fines and penalty on permit cancellation or revocation shall be imposed by the authority, granting the permit, and fines shall be paid to the State Treasury.
(3) Cancellation or revocation of permit referred to in paragraph (2) may be imposed after the offender has been given three sub-sequent notices (warning) with the time interval for each notice is 30 (thirty) calendar days.
(1) Confiscated specimens referred to in Article 11 l, for live animals, the Head of Regional Office shall as soon as possible dispose, without affecting the legal process in the judiciary, with the following alternatives:
(2) Confiscated specimens referred to in Article 111 , for live plants, shall as soon as possible dispose, with the following alternatives:
(3) Confiscated specimens referred to in Article 111, for dead plant or animal specimens or parts or derivatives thereof, without affecting the specimens as an evidence for judiciary, may be disposed with the following alternatives:
(1) Evidence of violation on the provisions of this decree and other current law and regulation, which was intercepted in the country of destination or country of transit, shall be regarded as belong to the State, and when returned to Indonesia, it shall be used for legal processes (investigation and evidence in the court).
(2) The cost for the return of the evidence referred to in paragraph (1) shall be borne by the exporter or by the importer, in accordance with the regulation in the country of destination.
(3) The evidence referred to in paragraph (1) for dead specimens, may be:
The money resulting from the auction referred to in Article 113 paragraph (1) clause d, paragraph (2) clause c and paragraph (3) clause d shall be deposited to the State Treasury.
(1) Auctioned specimens referred to in Article 113 paragraph (1) clause d, paragraph (2) clause c, and paragraph (3) clause a, may be exported by reducing the quota of harvest or capture of the following year.
(2) The Head of the regional Office shall report to the Director General on all confiscation made referred to in Article 1 12 and on the specimens auctioned, in order to include in the calculation of the following year's quota;
(3) Director General, on the basis of the report of the Regional Office, shall increase the quota of harvest or capture of the current year;
(4) Director General, in the establishment of the following year's quota shall take into account the auctioned specimens.
(1) In order to reduce the risks of death of confiscated and or submission from the community of Live animals,in order to fulfil CITES requirement, Director General shall facilitate the development and the building of Rescue Centres in several regions.
(2) Rescue Centres referred to in paragraph (1) shall be regarded as transit place and temporary care for confiscated live animals.
(3) In order to facilitate the development and the building of Rescue Centres, Director General may cooperate with third party.
(4) Provision referred to in paragraph (3) shall be further regulated by Director General.
By the establishment of this decree, further provisions concerning Study, Research and Development, Captive Management, Hunting, Trade, Exhibition, Exchange, Culture of Medicinal Plants, and Care for Hobby, shall be regulated in separate Ministerial Regulation.
By the establishment of this decree, therefore:
This decree shall enter into force on the date of establishment.
Stipulated in Jakarta
On December 31, 2003
MINISTER OF FORESTRY
Sgd
MUHAMMAD PRAKOSA