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Strengthening the Role of Ports in Combating Illegal, Unreported and Unregulated Fishing in Indonesia 2017

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Strengthening the Role of Ports in Combating Illegal, Unreported and Unregulated Fishing in Indonesia 2017 Strengthening the Role of Ports in Combating Illegal, Unreported and Unregulated Fishing in Indonesia SUBMITTED BY: NAME : NICOLAUS NAIBAHO SUPERVISOR : PROFESSOR ANDREW SERDY CO-SUPERVISOR : VALENTINA GERMANI, LLM DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, THE UNITED NATIONS NEW YORK 2017 DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Republic of Indonesia, the United Nations, the Nippon Foundation of Japan, or the University of Southampton at Southampton. © 2017 Nicolaus Naibaho. All rights reserved. ABSTRACT The vast sea of Indonesia holds huge potentials such as renewable resources, like fishery resources, both capture and marine aquaculture fisheries. Beside that potential, the Indonesian sea also keeps complex issues, for instance resource exploration and exploitation as well as fisheries management. As a developing country, Indonesia confronts the increasing number of IUU fishing cases, which not only done by foreign flag vessels, but also by Indonesian vessels in the EEZ area as well as in the high seas adjacent to its EEZ. Where it triggered by three things, firstly, the condition of the global fisheries sector where demand for fishery products is increasing on the other hand some countries have a decreased fish stocks and reduction of fishing vessels due to restrictions on granting fishing permits. Secondly, the Indonesian government ability to monitor the marine and fishery resources is not adequate. Lastly, the issue of maritime boundary is also one of the obstacles in the management of marine and fishery resources in the Indonesian waters. Various efforts in combating IUU fishing been done by the Indonesian government. One of the efforts is by creating several regulations that set the implementation of fisheries management in territory waters and EEZ of Indonesia. Besides several regulations, Indonesian Government also performed several popular policies and actions. However, the rating of IUU fishing in Indonesia still considered high. Therefore, harmonization and synchronization between the existing regulations with the international regulations is needed. The Indonesian government as regulator can focus on the development of port management especially on the fisheries port. As a port state, Indonesia can plays a key role by applying port state measures rapidly, where it can be integrated with other compliance tools. In order to do that this paper will help Indonesia government by examine all legal basis Indonesia can use in preventing and eradicating the illegal, unreported and unregulated fisheries both from international and national perspective. This paper also will try to develop an integrated policy framework, particularly in port management that will help Indonesia to prevent and eradicate illegal, unreported and unregulated fishing. i ACRONYMS AIS Automatic Identification System CCAMLR Commission for the Conservation of Antarctic Marine Living Resources COC Code of Conduct for Responsible Fisheries CSD Commission on Sustainable Development EEZ Exclusive Economic Zone EU European Union EU IUU Regulation European Union Regulation no. 1005/2008 DG Directorate General DGCF Directorate General of Capture Fisheries (Indonesia) DGPMF Director General of Processing and Marketing of Fisheries (Indonesia) DGSMFR Directorate General of Surveillances for Marine and Fisheries Resources (Indonesia) DOF Department of Fisheries (Thailand) DMCR Department of Marine and Coastal Resources (Thailand) FAO Food and Agriculture Organization FMP Fisheries Management Plan FSA Fish Stock Agreement GNP Gross National Product GT Gross Tones IAFSF Indonesia-Australia Fisheries Surveillance Forum IMO International Maritime Organization IORA Indian Ocean Rim Association IPOA International Plan of Action on Illegal, Unreported and Unregulated INDESO Infrastructure Development of Space Oceanography ITLOS International Tribunal on the Law of the Sea IUU Illegal, Unreported and Unregulated KIA Foreign Fishing Vessels KII Indonesian Fishing Vessels MCS Monitoring, Control and Surveillance MMAF Ministry of Marine Affairs and Fisheries (Indonesia) MSY Maximum Sustainable Yield NPOA National Plan of Action ii OKL Local Competent Authority OKN National Competent Authority PIPO Port In-Port Out PPI Fish Landing Base PPN Archipelagic Fishery Port PPP Coastal Fishery Port PPS Ocean Fishery Port PPIP Fishing Port Information Centre PSM Port State Measures PSMA Port State Measure Agreement PUSDAL Control Centre for Monitoring and Surveillance RFMOs Regional Fisheries Management Organizations RPOA Regional Plan of Action SATGAS 115 IUU fishing Prevention and Eradication National Task Force SATGAS KKP Ministerial Task Force on IUU fishing SEAFO South East Atlantic Fisheries Organization SHTI Certification of Fish Catch SIPI License for Fishing SIKPI License for Fish Transporting Vessel SIUP Fisheries Business License SLO Operation License SDGs United Nations Sustainable Development Goals TOC Transnational Organized Crime UNCLOS United Nations Convention on the Law of the Sea VMS Vessel Monitoring System WCPFC Western and Central Pacific Fisheries Commission WPP-NRI Republic of Indonesia Fisheries Management Area iii ACKNOWLEDGEMENTS It has been a great honour to become one of awardees of United Nations – Nippon Foundation Fellowship. This fellowship also gives me opportunity to extend my network with all alumnus from around the globe. First, I would like to convey my sincere gratitude to the Division for Ocean Affairs and Law of the Sea (DOALOS), United Nations. In addition, I would like to express my extremely gratitude to The Nippon Foundation of Japan for this opportunity. In particular, to Ms. Gabriele Goettsche-Wanli (Director of DOALOS) for the valuable guidance during the phase one of the fellowship in United Nations headquarter. Also to Valentina Germani for valuable assistance in academic matters, Simon Dempsey for guidance in related to administrative matters and for the time they dedicated for my colleagues and me in the 2017 batch. I would like to extend my sincere gratitude also to Professor Andrew Serdy, Institute of Maritime Law of University Southampton, for his invaluable support and professional guidance during the six months of my academic studies. Many thanks to Ms. Clare Brady for all of the assistance in providing all the facilities in campus and help me in adapting with Southampton life. I also must thank to Indonesian Student Community (PPI) in Southampton that not accepting and welcoming me, but also help in many ways. I am greatly obliged to Mr. Moh. Zulficar Mochtar (Chairman of Agency of Research and Development of Human Resources of Marine and Fisheries), Mr. Riyanto Basuki (Head of Centre for Marine Research) that allowed me to accomplish this fellowship. Moreover, to all colleagues in Ministry of marine Affairs and Fisheries that always been supportive for me to pursue further learning experiences. I dedicate this work to my family for their supports, which are undisputable so I can achieve this far. Finally yet importantly, many thanks to all my good friends in 2017 batch who share laugh and stories together. iv TABLE OF CONTENTS Abstract i Acronyms ii Acknowledgements iv Table of Contents v List of Figures vii List of Tables viii Part I Introduction 1 1. Background 1 2. Thesis Statement 8 3. Scope and Objectives 8 4. Overview of report 9 Part II The Legal Perspective of IUU fishing 10 1. IUU Fishing In International Law and Its Implementation in Other Countries 10 1.1 International Law Instrument on IUU Fishing 12 1.1.1 IUU Fishing under the United Nations Convention on Law of the Sea (UNCLOS) 12 Regime 1.1.2 IUU Fishing in Regional Fisheries Organisations Regulation 21 1.2 The Case Study of IUU Fishing in Some Countries 25 1.2.1 European Union 25 1.2.2 Thailand 30 2. The Indonesian fisheries Legal Framework on IUU Fishing 36 2.1 Indonesian Fisheries and IUU Fishing 36 2.1.1 Indonesian Fisheries in General 37 2.1.2 IUU Fishing in Indonesia 41 2.2 Indonesian Legal framework on Fisheries and IUU Fishing 44 2.2.1 Fishing Vessel and Gear License 45 2.2.2 Fisheries Monitoring, Control and Surveillance 47 2.2.3 Fishing Port 49 2.2.4 Indonesia National Plan of Action to Prevent and to Combat IUU Fishing 52 Part III Developing Indonesia Policy Framework in IUU Fishing 54 1. Indonesia’s Experience in Managing IUU Fishing 54 v 1.1 Past Experience 55 1.1.1 IUU Fishing in the Early Phase of MMAF 56 1.1.2 The 2nd Stage of MMAF 61 1.2 The Present Experience 65 1.2.1 The Establishment of Task Force to Prevent and Combat IUU Fishing 66 1.2.2 IUU Fishing as Transnational Organized Crime 68 1.2.3 Moratorium and Audit on Ex-Foreign Fishing Vessels Licenses 70 1.2.4 Prohibition of Transhipment 72 1.2.5 Sinking of Captured IUU Fishing Vessels 74 1.2.6 The Achievement and Challenges 75 2. Planning and Developing the Framework of Port State Control Policy in IUU Fishing 77 2.1 Planning the Framework Policy 78 2.1.1 Implementing PSMA on Indonesia Port Development 80 2.1.2 An Integrated Enforcement for IUU Fishing in Port 87 2.1.3 Port Infrastructure and Management Development 91 2.1.4 Developing the Monitoring and Evaluation Mechanism 95 Part IV Conclusion 98 1. Summary 98 2. Recommendation 108 Bibliography vi LIST OF FIGURES Figure 1: Regional Fisheries Management Organizations 21 Figure 2: Thailand Designated Ports for the implementation of Port State Measures 34 Figure 3: Indonesia Fisheries Management Areas 39 Figure 4: The Roadmap to Improve Fishery Business Governance 77 vii LIST OF TABLES Table 1: Indonesia Port Master Plan 52 Table 2: Indonesia Task Forces on IUU Fishing 68 Table 3: Policy Framework on Strengthening Role of Port in IUU Fishing 79 viii Strengthening the Role of Ports in Combating Illegal, Unreported and Unregulated Fishing in Indonesia Part I Introduction 1. Background With two-thirds of the area of the entire surface of the earth, the ocean plays important roles in human life.
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