General Overview on the Measured Fishing Regulation in Indonesia
Indonesia is a nation characterized by its archipelagic landscape, which offers huge and diverse fishery potentials. These potentials would become the material parts of the country's future development. Maximizing utilization of fish resources could uplift the livelihood of small-scale fishermen, improve their productivity, increase the value and competitiveness of fishery products, and ensure the long-term preservation of fish resources. To achieve these various goals, it is necessary to regulate the industry to ensure effective management of the country’s fishery activities, particularly those in the fishing zones.
On 6 March 2023, the President of Indonesia, Joko Widodo, issued Government Regulation (“GR”) No. 11 of 2023 on Measured Fishing (“GR 11/2023"). The regulation is enacted to achieve the optimal and sustainable benefits of the preservation of fish resources, as stated in Article 6 (1) of Law No. 31 of 2004 on Fisheries as amended by GR in Lieu of Law No.2 of 2022 on Job Creation (“Law 31/2004”).
In this article, we provide an in-depth overview of Measured Fishing under GR 11/2023 in terms of the (i) Measured Fishing Zones, (ii) Fishing Quota in a Measured Fishing Zone, (iii) Base Ports for Fishing Vessels; and (iv) Administrative Sanctions.
Measured Fishing Zones
According to Article 1 Point 1 of GR 11/2023, Measured Fishing is defined as fishing that is carried out in a controlled and proportional manner within the area of the Measured Fishing Zone. Measured Fishing must be conducted in accordance with the Fishing Quota in the Measured Fishing Zone to maintain preservation of the fish resources, the environment, and the equitable national economic growth.
In order to preserve the fishery and marine resources, Measured Fishing must be carried out in 2 (two) areas:
- The Managed Fishery areas of the Republic of Indonesia (Wilayah Pengelolaan Perikanan Negara Republik Indonesia or “WPPNRI”) within the sea waters:
GR 11/2023 particularly provides that a WPPNRI area is designated for Fishing Region and Restricted Fishing Region. Restricted Fishing Region would be further regulated by the Minister of Marine and Fisheries (“MoMF”) regulation according to certain fishery conditions. (Article 2 (1) and (2) of GR 11/2023).
- The high seas:
The high seas are designated as Fishing Regions, which activities must comply with the Regional Fisheries Management Organization (“RFMO”) (Article 2 (3) of GR 11/2023).
It is important to note that the “high-seas” are excluded from the Exclusive Economic Zones (Zona Ekonomi Eksklusif or “ZEE”) of Indonesia, the territorial seas of Indonesia, archipelagic waters of Indonesia, and inland waters of Indonesia (Article 2 (4) of GR 11/2023).
Under GR 11/2023, the government divided the Measured Fishing Zone into 6 (six) different areas. For your ease of reading, please see our table below for the classification of each zone:
(Karimata Strait, Natuna Sea, and North Natuna Sea)
a. WPPNRI 716 (Sulawesi Sea and North of Halmahera Island)
a. WPPNRI 715 (Tomini Bay, Maluku Sea, Halmahera Sea, Seram Sea, and Berau Bay)
a. WPPNRI 572 (Part of Indian Ocean on the west side of Sumatra and in Sunda Strait)
WPPNRI 571 (Malaka Strait and Andaman Sea)
|Zone 06||a. WPPNRI 712 (Java Sea)
b. WPPNRI 713 (Makassar Strait, Bone Bay, Flores Sea, and Bali Sea)
(Article 2 (5) of GR 11/2023)
Fishing Quota in Measured Fishing Zone
The government also stipulates a fishing quota for each WPPNRI (please see our table above) and high seas zones. The fishing quotas are calculated based on the fish resources and utilization of the natural resources, which will be further regulated by MoMF (Article 6 of GR 11/2023). Until the issuance of this article, we have been confirmed that MoMF has not yet enacted the MoMF regulation on further details of the calculation of fishing quotas.
Based on GR 11/2023, the government has classified the fishing quotas in the measured fishing zones into three categories of quotas, namely industrial, local fisherman, and non- commercial quotas. Kindly refer to our table below for further details on each quota:
|The industrial quota is given to a Measured Fishing Zone beyond 12
(twelve) nautical miles off the coastline. MoMF would grant the quota to:
a. an individual (i.e., small-scale fisherman); and
b. a legal entity (i.e., limited liability company and cooperative)
(Article 8 of GR 11/2023)
a. an individual (i.e., small-scale or non- small-scale fisherman); and
(Article 9 of GR 11/2023)
The non commercial quota is given to a Measured Fishing zone up to and above 12 (twelve) nautical miles off
a. an individual;
(Article 10 of GR/2023)
Please be informed that a fishing quota in a measured fishing zone is only applicable for 1 (one) fishing season of a year. The quota would be further stipulated each year ahead (Article 11 of GR 11/2023).
Base Ports for Fishing Vessels
Base ports for fishing vessels were regulated under Article 29 of GR No. 5 of 2021 on Implementation of Risk-Based Business Licensing (“GR 5/2021”). Based on the previous regime, a fishing vessel was provided with 4 (four) base ports in each WPPNRI, and provided 1 (one) base port according to the vessel’s business or residential domicile. This provision has been revoked by the government with this newly enacted GR 11/2023.
Under the new regulatory framework, the government requires any fishing vessel conducting fishing activities in a Measured Fishing Zone to unload its cargo of fishery catch at the designated Base Ports within the Measured Fishing Zone. This obligation is exempted for small-scale fishermen. If there are no Base Ports in the Measured Fishing Zone, the vessel could unload its fishery catch at the nearest Base Port in another Measured Fishing Zone. Please be informed that the government provides the maximum of 5 (five) designated Base Ports in each Measured Fishing Zone for a fishing vessel, indicating that the government provides an additional amount of Base Port compared to the previous provision in GR 5/2021. (Article 18 (1) to (5) of GR 11/2023).
Please note that GR 11/2023 also imposes administrative sanctions on violators of the regulation on Measured Fishing Zone, Measured Fishing Quota, and use of fishing equipment. The administrative sanctions include written and verbal warnings, coercions, fines, and temporary and/or permanent suspension of the business license (Articles 24 and 25 of GR 11/2023).
The article above was prepared by Marshall S. Situmorang (Partner) and Audria Putri (Senior Associate).