August, 3rd 2015, Borobudur Hotel, Jakarta
We accompanied Dr. Yunus Husein S.H., LL.M,, Co-Head of Task Force for Prevention and Eradication of IUUF, as
one of speakers in US/Indonesia Workshop on Combating Illegal, Unreported and
Regulated (IUU) Fishing, held by IMACS and NOAA.
He started his presentation about multidisciplinary approach
in IUU Fishing Enforcement in Indonesia Context through explaining state loss
caused by IUUF. According to the experts’
review, the estimated state loss due to the illegal fishing is +/- 129,8
trillion (USD 9,7 billion per year). It
was calculated based on number of fish stolen, loss related to manpower, loss
related to investment.
Looking back to our President once said after the election,
when he underlined that maritime is one of the priority on his working cabinet.
“We have to strive to restore Indonesia as maritime
country. The ocean, sea, strait and bay are our future. We have neglected them
for too long. Now is the time to restore all until Jalesveva Jayamahe,
in our sea we are triumphant...” Joko
Widodo 20 October
The jargon itself is on progress to be implemented through moratorium
for ex foreign fishing vessel (Ministerial Decree 36/2014), ban on transshipment
(Ministerial Decree 57/2014), ban on using seine net and trawl (Ministerial
Decree 02/2015), establishment of task force IUU Fishing, Analysis and Evaluation
on 1132 ex foreign vessels, implementation of corporate criminal liability and
so on.
Sovereignty, sustainability, welfare are new paradigm of fishery
management policy.
Law Enforcement Condition in Marine and Fishery
Lack of Coordination Among the Law Enforcement Agencies, Emphasizing
Conventional Approach, Weakness in Controlling, Ineffective Sanction
Compliance Map Based on Anev Results:
Double flagging, Employing foreign fishing master/engineer, deactivation
of AIS/VMS, Force Labour, Mark down, illegal transshipment, trespassing fishing
ground,
Modus Operandi of IUUF: Exploitative vessel, downsizing of
GT, unreported log book, deactivation of VMS, foreign crew, fake documents of GA,
PDA, etc
For instance: Pusaka Benjina Group Case (this group owns 102
ex foreign vessels registered in Indonesia, the ownership is split into 1
Indonesia company&3 foreign investment companies. Fisheries crime and
related to fisheries crime was found in this case. Not only double flagging,
deactivation of VMS, double registered but also human trafficking, forced
labor, child labor, illegal solar, and so on.
Seeing these kind of cases, it is important to strengthen
inter-agency coordination for transnational organized crime. For instance:
strengthen cooperation with INTERPOL. In addition, the Ministry uses multi-door
approach: combining all of related acts: UNCLOS, Corruption Act, Company Act,
Tax Act, Criminal Act, etc. This approach widens the perpective as it is a
cross sectional crime.
After Pak Yunus, Mr. Todd Dubois, the Assistant Director of
NOAA Office of Law Enforcement, explained his presentation about US
Presidential Task Force/NOC Update.
The recommendation that task force came out with:
1.
Implementation of Port State Measure Agreement
Indonesia: still process for ratifying this
agreement, US as well. US is waiting for the approval of the Senate.
2.
Working in a regional fisheries government
Appropriate task force members to do the practices
Development of conservation
3.
Maritime Domain Awareness
Raising the maritime awareness
Department of Defense only focused on
intelligent aspect, IUU Fishing as a domain
4.
Free Trade Agreement
Combating seafood fraud, IUU Fishing in
seafood fraud
5.
Fisheries Subsidy
Increasing fisheries capacity, Department of Commerce will evaluate the subsidy, reduce if it is for IUU Fishing
Increasing fisheries capacity, Department of Commerce will evaluate the subsidy, reduce if it is for IUU Fishing
6.
Capacity building
Enhance other nations for combating IUU Fishing, involve: secretary of commerce
Enhance other nations for combating IUU Fishing, involve: secretary of commerce
Technical assistance to improve global
action to combat IUU Fishing
7.
Diplomacy priority
Negotiation with state
8.
Information sharing
Important about law enforcement, sharing information across sectors, working with Department of Agriculture, Seafood producers
Important about law enforcement, sharing information across sectors, working with Department of Agriculture, Seafood producers
9.
Customs Mutual Assistance Agreements
import-export issues
import-export issues
10.
Species Name and Code
In US, multiple agencies have duties in ensuring
the seafood production
Labeling requirements
11.
Enforcement State
Seafood fraud often happened in US. Coordination is an important ways to reduce it.
12.
Enforcement Authorities
US enforce domestic laws, authorities have
to be solid, they have to be very well adapted. Coordination with congress
13.
Coordination with NGO, Public
To hear their input, how effective this
action so far
14.
Treacebility Program
Develop the system that can trace and monitor
the case[to be continued]
Komentar
Posting Komentar