Fishing Quotas Regulation as the Embodiment of Fish Resources Protection (original) (raw)
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https://www.ijrrjournal.com/IJRR\_Vol.9\_Issue.1\_Jan2022/IJRR-Abstract061.html, 2022
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IOP Conference Series: Earth and Environmental Science, 2021
The United Nations Convention on the Law of the Sea (UNCLOS 1982) affirms that the government has sovereign rights, jurisdiction, and obligations in Indonesia's EEZ. Indonesia has an interest in protecting sovereign rights and increasing state revenues in the waters of the Exclusive Economic Zone (EEZ). That sovereign right is to use fishery resources responsibly for the benefit of the nation and society as a whole. The sole purpose of this qualitative research is to optimize fisheries utilization in the Rote Ndao Regency whose waters include the Fisheries Management Area of 573 (FMA-573) in the EEZ. The analysis had been carried out with a case study approach and then descriptively elaborated. The results showed that: 1) the use of fisheries in FMA-573 was carried out by traditional fishermen (using vessels .10 Gross Tonnage/GT) and fishermen using vessels >29 GT; 2) supervision is still needed for the improvement of ships and human resources; 3) there are still violations of territorial waters by traditional Indonesian fishermen. The policy recommendations that must be carried out by the government are: 1) encouraging local fishermen to catch fish in the FMA-573 area by providing stimulus for ships and fishing gear; 2) allocate budget to purchase a new fleet of ships and add supervisors; 3) increase the number of fishery instructors to foster and socialize the boundaries of Indonesia's EEZ with Australia.
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Illegal Unregulated Unreported (IUU) fishing threatens marine biodiversity and associated economic values. Recognizing this, the Indonesian government exercises a tough anti IUU fishing policy. The policy generates both success stories and failure issues. Biological parameters are better: disappeared species returned, catch per unit effort CPUE increased, fish size becomes larger, fishing trips are shorter. However, data show that the stock utilization is not optimum, fishing discard is high, and fishers’ income remains low. This study is aimed to formulate measures necessary to minimize side effects. Data were collected from selected landing places. It is concluded that the most notable factors causing detrimental side effects are lack of carrier vessels, inadequate cold handling infrastructure, poor processing facilities, and high shipping costs. Among complementary policy options, the most strategic one is integrating the anti IUU fishing policy with the national marine toll prog...
Hasanuddin Law Review, 2021
Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world's most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia's non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting noncompliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.
University of Wollongong Thesis Collection, 2007
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong. represent the views of the University of Wollongong. Recommended Citation Recommended Citation Sodik, Dikdik Mohamad, Combating illegal, unreported and unregulated fishing in Indonesian waters: the need for fisheries legislative reform, PhD thesis,
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As an archipelagic country, Indonesia has a wealth of living and non-biological natural resources, especially in its exclusive economic zone, specifically in this zone, there are an abundant wealth of fishery resources, but the economy and welfare level of traditional Indonesian fishers are still below the poverty line, in addition to the management of exploration and exploitation of fishery resources, Indonesia faces various problems, one of which is a problem with legal provisions. Therefore, researchers will analyze legal problems in managing fishery resources in this study's exclusive Indonesian economic zone. To answer the questions in this study, the authors used normative juridical research methods, and the results of the analysis were described using qualitative methods. After reviewing the literature, the study results indicate that legal problems in the fisheries sector are due to overlapping regulations and conflicting regulations. For this reason, in this study, the ...
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The existing fisheries management within the Indonesian Exclusive Economic Zone (EEZ) is based upon several regulations derived from international conventions, national regulations, as well as conventions mutually agreed by Regional Fisheries Management Organizations members, which is intended to ensure that fish resources in the EEZ area can be managed optimally and sustainably. The sole purpose of this qualitative research is to examine national and international policies that regulate fisheries management in the Indonesian EEZ waters. The analysis was carried out qualitatively with a normative juridical approach and then descriptively elaborated. The results showed that the national regulations issued by the government has already referred to the UNCLOS 1982 and WCPFC Conventions, but the implementation has been far from optimal due to the heaps of regulatory references. Therefore, it is of utmost importance that the government set its policies on setting up appropriate regulations and simplifying all national regulations governing fisheries management in the Indonesian EEZ into a single regulation. It is meant to avoid overlapping arrangements and facilitate a much better implementation.
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The granting of fishing licenses for large vessels is very detrimental to the existence of small fishermen. Small fishermen or so-called traditional fishermen are powerless to face the dominance of fishing pens and licenses by large boats. This study aims to determine the rare step in providing protection to traditional Indonesian fishermen on the granting of fishing licenses for large companies in Indonesia. This research is an empirical juridical research using statutory uproach approach, conceptual aproach, and comparative approach. Then analyzed using synthesis analysis. The results show that traditional fishermen tend not to have adequate legal protection in terms of fishing in Indonesian waters. Traditional fishermen tend to be allowed to compete with large vessels that have licenses to catch fish in the Indonesian territory. The granting of fishing licenses is not accompanied by certain obligations associated with traditional fishermen protection. If observed, the permit shou...
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Fishery management by the state is essentially the implementation of the state's right to control natural resources. The state gives the authority to regulate and carry out its designation, including in the fisheries sector. With the development of globalization, the management of these fish resources also needs to pay attention to the principles of International Law. If the sustainability of fish resources in one country is disturbed, it will affect the condition of global fisheries and cause fish stocks in other countries to be disturbed. This article uses the normative method. As a result, there are at least three obligations of the member countries of world fisheries organizations, which carry out the regulations related to harvesting, put an end to overfishing, and restore stocks to levels of maximum sustainable yields (MSY). In fisheries management regulations in Indonesia, the manifestation of this obligation is establishing a map of fishery management areas, prohibiting fishing using particular fishing gear, setting estimates of fishery potential and the number of allowable catches, including conservation.
Indonesian Fishing Policy Trap
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Indonesia faces challenges in its sustainable fisheries management. Various policies have been issued as the effort to solve this problem. One of which is the prohibition on the use of fishing gear called Cantrang. However, the policy received rejection from various parties. This study aims to identify stakeholders who reject the policies as well as their reasons for rejecting the policies. Using a qualitative descriptive method, it is revealed that policy refusal arises from various stakeholders, including Indonesian Fishermen's Alliance, Members of the House of Representatives of Indonesia, Ministry of Industry and fish processing industry. The reason for the rejection is due to the fact that the policy for prohibiting the use of Cantrang is unfair and not profishermen. In contrast, the stakeholders who are pro towards the policy are from Association of Indonesian Fishermen and WWF by considering the reason that the use of Cantrang as a fishing gear will damage the habitat in the sea. The strong opposition on the policy of fishing gear (Cantrang) prohibition results in policy trap since there are many trade-offs in this policy. This study suggests that this policy requires intense communication among the stakeholders.