ISFIT Preparation

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

6.       Capacity building
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

9.       Customs Mutual Assistance Agreements
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]