Talking ASEAN on ASEAN Cooperation on Fisheries ManagementJakarta, February, 2014

Indonesian Efforts In Combating IUU Fishingby Ida Kusuma

Talking ASEAN on "Developing ASEAN Cooperation on Fisheries Management: Tackling IUU Fishing in the Region”

D IRE CT ORAT E GE NE RAL OF SURVE ILLANCE FOR MARINE AND F ISHE RY RE SOURCE S

MINISTRY OF MARINE AFFAIRS AND FISHERIES

Indonesian Efforts In Combating IUU Fishing

Ida Kusuma Executive Secretary of the Directorate General of Surveillance

for Marine and Fisheries Resources

Illegal, unreported and unregulated fishing (IUU fishing) is regarded as one of the main obstacles to coastal states realising the economic benefits arising from their rights to the living resources of their EEZs.

Unsustainable fishing practices, illegal fishing activities by foreign fishing vessels in areas under national jurisdiction, excessive fleet capacity, non-reporting and misreporting of catches, lack of effective flag and port State control, and an open access regime in many high seas fisheries are some of the most common global concerns related to IUU fishing.

Illegal fishing: - conducted by IFV or FFV in waters, without the permission the , or in

contravention of laws and regulations;

- conducted by vessels flying operate in contravention of the CMM adopted by RFMOs or relevant provisions of the applicable international law; or

- in violation of laws or international obligations

Unreported fishing:

- which have not been reported, or have been misreported, to the relevant authority, in contravention of laws and regulations; or

- undertaken in the RFMO’s area which have not been reported or have been misreported, in contravention of the reporting procedures of the relevant RFMOs.

Unregulated fishing:

- in the area of application of a relevant RFMO conducted by vessels w/o nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the CMM of RFMO; or

- in areas or for fish stocks in relation to which there are no applicable CMM and conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law.

Indonesian Exclusive Economic Zones

Territorial Waters

DGoS and POLICE DGoS and Navy

Coordinated by BAKORKAMLA

X x x x

x

x x x

Territorial Waters

DGoS - RFMOs

X x

Exclusive Economic Zone High Seas

Small Scale Indonesian Fishing Fleet (IFF) [± 95%]

Indonseian Fishing Fleet (IFF) [< 5 % and mostly < 300 GT]

Foreign Fishing Fleet (IFF)

Foreign Fishing Fleet (IFF) Flying Indonesian Flag

Archipelagic Waters

v v

x x

x v

x

Thailand, Viet Nam, Malaysia, PRC,

Taiwan

Philippines, PRC

Thailand, Taiwan &

PRC

6

The State of Indonesian Fisheries

• Overfishing and overcapacity

• IUU fishing practices, both by FFV and IFV

• Marine environment degradation

• Poverty of Fisherfolks

• Numbers of fishing vessels > 30 GT: ± 5.147 units and < 30 GT: ±179.131 units

• Under utilization of national fishing industries due to sort of raw materials [30-40%]

According to the UN, 99% of worldwide annual commercial ocean catch comes from coastal

waters, within 200 nautical miles of the coastline.

7

Various Mode of IUU Fishing

Fishing without legal permit, illegal entry into Indonesian waters

Unauthorized fishing gears, in unauthorized fishing ground, port of call

Fake document regarding transfered od foreign fishing vessels, document falsification, manipulation of prerequisite to conduct fishing activities (DC, Bill of Sale)

Transhipment at sea without reporting to the assigned fishing ports

Double flagging or sailing under Indonesian flags in Indoonesian waters to avoid detection by Indonesian security

Fictitious company address and forgery of documents issued by other institutions

Economic Losses

• Estimated US $ 40 billion/year*)

• Overfishing dan overcapacity

• Fisheries resources degradaion depletion of fish

stocks

• Marine ecosystem degradation

• Decline of catch per-unit effort (CPUE)

• Incompetitiveness of fishery businesses

• Weaken competitiveness of National Fishing Industries

• Affect Traditional Livelihood fisher folks remains

suffering of poverty

Impacts of IUU Fishing Marine ecosystem degradation and fish stocks degradation caused by trawling,

blast fishing and the use of cyanide (e.g., extensive damage to coral reefs). Increase competition among local fisherfolks Disadvantage for due to lost of:

- the opportunity to develop national fisheries - the opportunity to use income that generates for poverty alleviation and

development - tax and levy

Increase onflicts among fisherfolks on the unhealthy fishing grounds Reduced profitability of fisheries, reduced economic rent and fleet efficiency,

and less than optimal use of scarce national resources; Declining levels of production reducing employment both at sea and on shore

(fishing industries). Estimated US $ 40 billion/year*) Overfishing dan overcapacity Decline of catch per-unit effort (CPUE) Incompetitiveness of fishery businesses Weaken competitiveness of National Fishing Industries Affect Traditional Livelihood fisher folks remains suffering of poverty 9

Law no. 31 year 2004: Fisheries, as amended by Law no. 45 year 2009

Law no. 27 year 2007: Coastal and Small Island Management

Ministerial Act no. 26 year 2013: Capture Fisheries

Ministerial Act no. 18 year 2010: Logbooks

Ministerial Act no. 02 year 2011: Fishing Area and Fishing Gears

Ministerial Act no. 10 year 2012: Vessel Monitoring System

Ministerial Act no. 7 year 2012: Legal Form for Fishing Operation

Ministerial Act no. 50 year 2012: National Plan of Action (NPOA) to Prevent, Deter, and Eliminate IUU Fishing 2012-2016

UNCLOS’ 1982 Law of the Sea Convention

FAO, Code of Conduct for Responsible Fisheries [CCRF], 1995

FAO, International Plan of Action (IPOA) to Prevent, Deter, and Eliminate IUU Fishing, 2001

[Seabirds, Sharks, Capacity, IUU]

FAO, Compliance Agreement, 1993

FAO, Fish Stocks Agreement, 1995

UNGA Resolutions

EC Regulation 1005/2008

FAO, Port State Measures, 2005

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1. Strengthen and Develop Surveillance Technical Implementing Units

2. Review and revitalize Fisheries Acts 3. Capacity building for fisheries inspectors

and fisheries investigators 4. Regional Cooperation:

a. Joint Regional Fisheries Management Organizations [IOTC, CCSBT, WCPFC [on-going process]

b. Establish Regional Plan of Action (RPOA)* to promote responsible fishing practices including combating IUU fishing

5. Member of RFMOs: IOTC, CCSBT, WCPFC 6. Actively Involved in the Regional and

International Forum, including joint the International Monitoring, Control, and Surveillance [IMCS] Network

7. Implement the EC regulation, and considering to ratify PSMA

1. MCS Implementation: • VMS * • Observer program • Logbook • Port Inspection

2. Enhance effective MCS: • Before fishing: inspect the

documents, fishing permits/license, fishing gears, VMS, and crews

• While fishing: patrol, intercepts, boarding and inspection, ship search.

• During landing: inspect and verify the fish caught

• Post landing: to ensure that the fish caught distributed legally

4. Develop the Surveillance Infrastruc-tures: Patrol Vessels, Speedboats, Regional Surveillance Facilities and Equipments

5. Promote thr development of Integrated Surveillance Systems

6. Facilitate and strengthen community based surveillance groups [POKMASWAS]

7. Joint patrol with related institutions to perform law enforcement at sea (BAKORKAMLA, Navy, and POLICE)

8. Coordinated patrol with neigh-boouring countries [Austalia, Malaysia]

9. Support the establishment of Fisheries Courts

DJ PSDKP

MAN WASKAN, PPNS,

POLSUS, POKMASWAS,

UPT

MACHINE KAPAL PATROLI,

SP. BOAT, VMS, PERKANTORAN,

dll.]

METHODE PER-UU-AN,

JUKNIS, NSPK, dll.

MATERIAL DATA PERIZINAN, INFORMASI, UNIT

USAHA

MONEY APBN, APBD, SUMBER LAIN

•Patrol Vessel: 27 [90] •Logistics/yr: 90-180 [250] •Speedboat: 68 + 53 [540] •VMS: 3.585[4.599] •RMC: 2 [26] •Minilab: 0 [10] • Infrastructures: 5 [26]

•Surveillance Reporting System/SIMWASKAN: 30 [200]

•E-logbook: 0 [816] •Fishing permits/FishTransport (SIPI/SIKPI) 5.147 [184.278]

•Law: 2 [3] •G’ment Regulation: 0 [1] •Presidential Decree •Ministerial Decree •Technical Guidelines •Standard Operating Procedures

•Fisheries Inspectors: 227 [1.500] •Fisheries Investigators: 303 [1.200] •Special Coastal Police: 120 [1.000] •Community Groups: 1.943 [5.000] •TIU: 5 [26]

•2010: 324 m •2011: 362 m •2012: 509 m •2013: 549 m [51m P/HLN] •2014: 600 m [238 m P/HLN]

4 workstation to monitor fishing vessel’s in almost near real time Single Side Band Communication

Data Monitoring and Analysis SERVER

15 A series of weapons for self protection

Patrol Vessels

Technical Implementing Unit

Sustainable Fisheries

Fisheries Management • MCS (Monitoring, Control and

Surveillance )

• Community based co-management

• Rights-based fisheries management

• Eco-system approach

Fisheries Resources

-Common property resources - Possibly depleted

Food security

Why do we need for Fisheries Management ?

• MCS (

• Monitoring Resource condition, Catch, condition of

Fishing area and habitat area etc, • Control

Catch, Fishing gears, Fishing area and season, etc,

• Surveillance Survey for controlled activities to keep

effectiveness of control

MCS (Monitoring, Control and Surveillance)

Appropriate Resource management is necessary for Sustainable Fisheries

Fisheries Management Focus on

• MCS (Monitoring, Control and

Surveillance )

• Community based co-management

• Rights-based fisheries management

• Eco-system approach

MCS Strategy

Monitoring

Control Surveillance

Management Plan

Scientific Research

Fishery Management

Policy

Fishery Before fishing – While fishing – During landing – Post landing

Fish Stock

Habitat

MCS [ K E P M E N n o . K E P. 5 0 / M E N / 2 0 1 2 t e n t a n g N P O A 2 0 1 2 - 2 0 1 6 ]

MONITORING SURVEILLANCE CONTROL

KKP (BALITBANG KP) KOMNAS

KAJISKAN

• KKP (DJ PT)

• KEMHUB (DJ

HUBLA)

•TNI AL •POLAIR •KKP(DJ PSDKP) •Bakorkamla •MA •KEJAGUNG

Data bio-fisik perikanan dan lingkungannya

• KKP(DJ KP3K) • INSTANSI

TERKAIT LAINNYA

Perlindungan, Konservasi, dan Rehabilitasi

Perizinan

Pemantauan VMS dan Penegakan Hukum

Penanganan Pelanggaran

SLO SKAT

Pengaturan Pengelolaan

Data sosial ekonomi

Data

Statistik

Kebijakan Pemanfaatan KKP (MENTERI KELAUTAN DAN PERIKANAN

VMS, SIGHTING

OBSERVER, LOG BOOK, PORT INSPECTION

S

T

O

C

K

A

S

S

E

S

S

M

E

N

T

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Law no. 31 year 2004 concerning Fisheries as amended by Law no. 45 year 2009:

- Article 66 (1): Fishery inspection shall be conducted by fishery inspector.

- Article 66 (2): Fisheries Inspectors mandated to inspect the compliance to the legislation concerning fisheries.

- Article 66 A (1): Fishery inspectors referred to article 66 shall be a civil servant working in fisheries sector, appointed by the relevant Minister or Officer appointed.

Political Will and Commitment are essential 21

FAO-MCS Technical Guidelines 4.2.2 ... There is also a need in any operation to ensure that there is one lead agency with the appropriate authority to make decisions. Although there are several ministries with interest in MCS and, consequently, there may be a need for a coordinating committee, there still needs to be one final authority for decisions on the deployment and priorities for MCS operations. Split operational “command and control”, to use military phraseology, have not met with success in the past in military or civilian operations. It is recommended

that the fisheries department be provided with the lead role and ultimate authority for ocean sector MCS activities, in consultation with other interested departments and ministries.

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices

including Combating IUU Fishing in the Southeast Asia Region

A voluntary instrument

Enhance and Strengthen the overall

level of fisheries management in

the region Promote responsible fishing practices

to sustain fisheries resources and

marine environment

to optimise the benefit of adopting responsible fishing practices.

Managing Fishing Capacity

Combating IUU Fishing

Conservation of Fisheries Resources and Their Environment

Object ive and Framework

WCPFC

IOTC

CCSBT

Promote the implementation of the IPOA-IUU through NPOA-IUU

Why RPOA? Draws its core principles from international fisheries

instruments (e.g. IPOA IUU Fishing)

A cooperative approach to enhance and strengthen the overall level of fisheries management in the region of the South China Sea, Sulu-Sulawesi Seas and Arafura-Timor Seas.

Highlight the responsibilities of all States, flag States, coastal States, and port States in addressing problems related to IUU fishing.

1. understanding the current resource and management situation in the region

2. implementation of international and regional instruments

3. implementing Coastal State measures

4. enforcing Flag State responsibilities

5. developing Port State measures

6. considering regional market measures

7. developing regional capacity building

8. strengthening monitoring, control and surveillance (MCS) systems

9. controlling transhipment at sea.

Endorsed by 11 Ministers Responsible for Fisheries (Bali, May 2007)

International and Regional Instruments

• Follow up actions on the assessment impacts of IUU Fishing and EC Reg 1005/2008 on small scale fisheries;

• Lesson learnt of RPOA countries on the progress of the implementation of Port State Measures Agreement (PSMA);

• Adoption of IPOA – IUU Fishing by RPOA countries.

Program and Act ivit ies

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing

in the Southeast Asia Region

Current resource and management situation in the region

• Strengthen fisheries legislation - countries fisheries legislation model against Benchmark Measures

• A Human Capacity Development Framework for Marine Capture Fisheries Management in the Southeast Asia region – a structured guidance on priorities to strengthen marine capture fisheries management at regional, national and provincial level

Program and Act ivit ies

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing

in the Southeast Asia Region

Coastal & Flag State Responsibility

• Workshop on the Development Tools to

Fight IUU Fishing – the Comprehensive of

Global Record Fishing Vessels, Refrigerated

Transport and Supply Vessels

• Update IUU list on RPOA –IUU Website

• Information exchange on IUU vessels

• Monitoring and preventing the IUU vessels

accessing ports facilities

• Developing procedure of listing and

delisting IUU fishing vessels/vessel watch list

Program and Act ivit ies

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing

in the Southeast Asia Region

Regional Capacity Building on Port State Measures

• Port Monitoring Techniques, Regional

Fisheries Inspector Training Workshop

for the implementation of Port State

Measures Agreement (PSMA)

• Monitoring and preventing the IUU

vessels accessing ports facilities

Program and Act ivit ies

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing

in the Southeast Asia Region

Strengthening MCS • Establish and develop the Regional and 3 Sub-

regional MCS networks

• Review and adoption MCS Training Curriculum

• Identify the need to develop a funding strategy to support sub-regional and regional MCS courses.

• Develop matrix of national, sub-regional and regional MCS issues and needs to guide the work of the networks

• Facilitate regular and sub-regional MCS meeting and monitor the progress of the work priorities and plans

• Developing MCS communication procedures

• Development public information campaign (PIC) in the region as complement to MCS

Program and Act ivit ies

IUU Vessels Watch

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in

the Southeast Asia Region

• Information exchange on IUU vessels – mostly from RFMOs list, to monitor the movement and to prevent vessels to access and utilize port’s facilities of the RPOA countries

• Update data on vessel’s movement using air surveillance data

Highl ighted Programs

Malaysia and Singapore on investigated FV Pion [January-June 2012]

Malaysia on investigated FV Thunder [March-April 2012] Indonesia on investigated FV Thunder [April 2013]

Case Study

Highl ighted Programs

PARTICIPATING COUNTRIES

RPOA SECRETARIAT

Available Analyzed Data and

Information

Report of the Result

Circulate the Information through RPOA website

and/or official letters

RESPECTIVE COUNTRIES

Inspection and Investigation

Report to RPOA Secr.

MCS FOCAL POINT

Share the Information

Latest Status of the Vessel

Request RPOA relevant participating countries to deny the vessel port entry,

accessing port facilities

Inform Relevant Institution

Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in

the Southeast Asia Region

Potential Linkages

IMCSN

Information Exchange

Raising Awarenes

Strengthen Capacity A

rea

of C

oo

pe

ratio

n

RPOA - IUU

Coastal & Flag State Responsibility:

• MCS Network Development

• IUU vessel watch

• Global Record Fishing Vessels

Regional PIC Development

Regional Capacity Building:

• PSMA

• Strengthening MCS

Organizational Structure

RPOA PARTICIPATING COUNTRIES (1) Australia, (2) Brunei Darussalam, (3)Cambodia, (4)Indonesia, (5)

Malaysia, (6)Papua New Guinea, (7)Philippines, (8)Singapore, (9)Thailand, (10)Timor Leste and (11)Vietnam

Sub Regional MCS Network

Southern-Eastern South China Sea and Sulu-Sulawesi Seas

(Brunei Darussalam, Indonesia, Malaysia, Philippines)

Gulf of Thailand (Cambodia, Malaysia, Thailand, Viet Nam)

Arafura – Timur Seas (Australia, Indonesia, Papua New Guinea,

and Timor Leste)

Technical Working Group on Fisheries Resources Management and MCS Network

ADVISORY BODIES FAO – APFIC SEAFDEC Worldfish Centre InfoFish

FFV flying Indonesian flag operated illegally, both in

national waters or high seas

... lanjutan

Fake Documen (two fishing vessels with the same name

and number)

FFV in Indonesian name operated illegally within the national jurisdiction

... continue

Sighting through Aircraft

Cooperation with Navy anda Airforce

Sighting by Radar Satelit

Sighting by Radarsat and Envisat in Arafura Sea and South China Sea [2004 and 2007]

Transhipment

Pair trawl

Vessels Committed IUU Fishing

Remarks: - IFV = Indonesian Fishing Vessel -FFV = Foreign Fishing Vessel Kapal Ikan Asing 41

YEAR INSPECTED

[units] ARRESTED [units]

IFV FFV IFV + FFV 2005 344 91 24 115 2006 1.447 83 49 132 2007 2.207 95 88 183 2008 2.178 119 124 243 2009 3.961 78 125 203 2010 2.253 24 159 183 2011 3.348 30 76 106 2012 4.326 42 70 112 2013 3.643 24 44 68

JUMLAH 23.707 586 759 1.345

Vessel Monitoring System (VMS)

42

Radar Satelite captured the target , send the

information to FMC and Patrol Vessel

FISHING MONITORING CENTER

SATELIT VMS INTEGRATED SURVEILLANCE

SYSTEM (ISS) SATELIT RADAR

Suspect IUU Vessel

Patrol Vessel received information from various sources and intercept to conduct inspection and

investigation when needed

Aircraft approach the target, send information

to Fishing Monitoring Center (FMC) and

broadcast to Patrol Vessel

FMC receives data from many resources and send the

information to patrol vessels Coastal Radar detects the

target and send the information to the FMC

KP PATROLI

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IUU fishing is a global, regional and national problem that threaten food security

Combating IUU fishing effectively takes a collaborative approach

Country specific should be wisely taken into account to implement enforcement

Strengthening MCS capacity and capability, both in hard and soft structure, is urgently required

Market control between importer and exporter, including consistently prevent fisheries products derived from IUU fishing, is expected to reduce IUU practices

THANK YOU Terima kasih