INTRODUCTION
In order to support responsible fisheries management, the Government requires anyone who conducts operations in the State Fisheries Management Area of the Republic of Indonesia (Wilayah Pengelolaan Perikanan Negara Republik Indonesia)1 and/or the high seas to register their vessels to be designated an Indonesian Fishing Vessel. This is stipulated in Article 138 of Government Regulation Number 27/2021 concerning the Implementation of the Marine and Fisheries Sector ("PP 27/2021"). The following will describe the mechanism on how to register a ship as an Indonesian Fishing Vessel, and the regulatory requirements.
- Taking measurements of fishing vessels
The purpose of measuring fishing vessels, as has been mandated by regulations, is to ensure that the size of the vessel meet the requirements for ship registration Fishing vessel measurement is conducted by an expert appointed by the Minister. However, in the event that fishing vessel measuring experts are not yet available at the location of the ship, the technical implementation unit of the ministry can conduct the measurement. After being measured, the fishing vessel will be given a Fishing Vessel Measuring Letter which will contain information about: a) the size of the Fishing Vessel (in gross tonnage); b) dimensions of Fishing Vessels; and c) the volume of the Fishing Vessel space.
- Apply for registration of title to the ship
After obtaining the Fishing Vessel Measuring Letter, the Owner can register the ship at the Registrant Officer and Reverse Registrar.3 However, there are limitations to what vessels that can be registered for ownership, which are; 45
- Ships must have a gross tonnage size of at least GT 7 (seven Gross Tonnage);
- Ships owned by Indonesian Citizens or Legal Entities established under Indonesian law and domiciled in Indonesia; and
- The ship belongs to an Indonesian Legal Entity which is a joint venture whose majority shares are owned by Indonesian citizens.
The application for ship registration must be completed with a) proof of title to the ship; b) the identity of the owner of the ship; c) Taxpayer Identification Number; d) a letter of measure; e) a ship safety inspection report made by the Ship Safety Inspection Officer; f) power of attorney to apply for and manage ship registration from the shipowner (if authorized); g) proof of repayment of the ship's name return duty in accordance with the provisions of laws and regulations; and h) recommendations from the minister responsible for the special activities of fishing vessels.6
- Inspect the fishing vessels
The fishing vessel's worthiness requirements of fishing vessels must be met by fishing vessels before conducting operations.7 Ship worthiness is the state of the ship that meet requirements of ship safety the prevention of water pollution from ship, manning, load line, loading, ship crew welfare, and passenger health, the legal status of the ship, safety security management and prevention of pollution from the ship, and ship security management to sail in certain waters.8 Fishing vessel worthiness requirements include: (a) fishing vessel seaworthiness; (b) fishing vessel catch-worthiness; and (c) fishing vessel store-worthiness. Such worthiness inspection will be carried out by a fishery vessel worthiness inspection officer appointed by the Minister. Ships that have met the worthiness requirements will be given a fishing vessel worthiness certificate.
- Register fishing vessels with the Minister or Governor to be designated as Indonesian Fishing Vessels
Ship registration is important to ensure legal certainty. The registration is carried out by anyone to the Minister or Governor in accordance with his authority together with the documents in the form of; a) documents containing business allocations; b) proof of ownership; c) the identity of the owner; d) Fishing Vessel measuring letter; and e) certificate of feasibility of Fishing Vessels. After registration, the fishing vessel will be given a fishing vessel book and fishing vessel register number.
Meanwhile, for ships with a gross tonnage below GT7, even though cannot be registered, ships with a gross tonnage below GT7 are still required to have a ship's nationality certificate in the form of a small pass. Small Passes for ships with a gross tonnage below GT7 are issued by each Harbormaster's Office and Port Authority with an electronic-based form (small E-Pass).9 The Small E-Pass is very important for small fishermen in the context they wish to export their catch as the Small E-Pass is part of the export document. Moreover, the Small E-Pass is useful in supporting shipping safety. For the government, the Small E-Pass is also useful in the context of collecting data and re-verifying ships in the territory of the Republic of Indonesia.
Footnotes:
1. The Republic of Indonesia State Fisheries Management Area (WPPNRI) based on Article 1 number 53 PP 27/2021 is a fisheries management area for fishing and fish cultivation which includes Indonesian waters, Indonesia's exclusive economic zone, rivers, lakes, reservoirs, swamps, and other water collections which has the potential to be cultivated in the territory of the Republic of Indonesia.
2. Article 132 PP 27/2021
3. Article 5 of the Regulation of the Minister of Transportation Number 39 of 2017 concerning Ship Registration and Nationality ("PM 39/2017")
5. Ibid
6. Article 7 of the Regulation of the Minister of Transportation Number 39 of 2017 concerning Ship Registration and Nationality ("PM 39/2017")
7. Article 134 of Government Regulation Number 27 of 2021 concerning the Implementation of the Marine and Fisheries Sector
8. Article 1 number 33 Law Number 17 of 2008 on Shipping
9. https://paskecil-ditkapel.dephub.go.id/ Accessed on 21 December 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
