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REGIONAL SEMINAR/WORKSHOP ON THE IMPLEMENTATION OF THE TORREMOLINOS PROTOCOL

REGIONAL SEMINAR/WORKSHOP ON THE IMPLEMENTATION OF THE TORREMOLINOS PROTOCOL. Country Report TOWARDS THE RATIFICATION OF THE TORREMOLINOS PROTOCOL. BY THE REPUBLIC OF INDONESIA DENPASAR, 12 OCTOBER 2009. Content. INTRODUCTION POSITION OF INDONESIA

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REGIONAL SEMINAR/WORKSHOP ON THE IMPLEMENTATION OF THE TORREMOLINOS PROTOCOL

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  1. REGIONAL SEMINAR/WORKSHOP ON THE IMPLEMENTATION OF THE TORREMOLINOS PROTOCOL Country Report TOWARDS THE RATIFICATION OF THE TORREMOLINOS PROTOCOL BY THE REPUBLIC OF INDONESIA DENPASAR, 12 OCTOBER 2009

  2. Content • INTRODUCTION • POSITION OF INDONESIA • INTER-RELATION BETWEEN INTERNATIONAL INSTRUMENTS ON FISHERY • OBSTACLES FOR RATIFICATION OF THE TORREMOLINOS PROTOCOL, 1993 • LAW AND REGULATION ON MAINTAINING SAFETY AND SECURITY FOR FISHING VESSELS IN INDONESIA • CONCLUSION

  3. 1. INTRODUCTION Recently in Indonesia, the number of fishing vessels (FV) of 300 GT or more is relatively small. They are consist of refer vessels, tuna long line, fishnet, and purse-seine while the tuna long line is operated for deep sea fishing. In general, the big size FV are imported while all of the FV with length of 24 m (or equivalent to LOA 26.5 m) have a slim shape of body and therefore the tonnage of the FV is between 120 and 150 GT depend on the depth (moulded depth amidships) and the breadth of the particular FV. The imported FV especially from Japan are fitted with adequate navigation equipment, radio communication equipment and GMDSS, and safety equipment.

  4. NUMBER OF INDONESIAN FISHING VESSELS

  5. 2. POSITION OF INDONESIA FISHERY STANDARDS UN FAO/ILO/IMO FAO Code of Conduct for Responsible Fisheries 1995 & Compliance Agreement 1993 UNCLOS & UNIA 1995 Voluntary Guidelines, Code of Safety for Fishing Vessels & Fishermen The STCW-F 1995, Torremolinos SFV 77/93 and Protocol 1993, London Convention 72 Protocol 96 ILO C-185, 2003 (Revised), ILO C-188,and ILO R-199

  6. 2. POSITION OF INDONESIA Safety and security of personnel, vessels & environment Fishing vessels personnel competency FOCUS OF INDONESIA Catching equipment Conservation & management by FV on the high seas Welfare of personnel / seafarers Conservation & management of straddling & high migratory fish stocks

  7. 2. POSITION OF INDONESIA Do Indonesia intend to ratify (approve) the TP 1993 ? √ A: Yes or B: No

  8. 3. INTER-RELATION BETWEEN INTERNATIONAL INSTRUMENTS • UNCLOS Article 91 (Certificate of Nationality), Article 116 (Rights & obligations on catching fish at high seas), Article 118 (Cooperation between countries on conservation and management of living resources at high seas); • STCW-F 1995 (Standard of Training, Certification & Watchkeeping for FV personnel on FV of > 24 m and/or main propulsion power of > 750 kW, but required to maintain approved sea service record on FV of > 12 m (GT 60); • FAO/ILO/IMCO Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels – Chapter 7 & 8 : especially for the scheme length of FV of 12 m to <17 m and 17 m to < 24 m; • ILO C.188 Work in Fishing Sector – Article 9 and 10 (Training) and Article 13 & 14 (Minimum Safe Manning ); • Torremolinos SFV and Protocol Consolidated 1995 - Regulation VIII/3 and VIII/4 (Drill & Training), while the scheme of length are > 24 m to < 45 m (Training), > 45 m (Radio Com), 24 m to 60 m and > 60 m (Fire Safety), 24 m to < 75 m and > 75 m (SCRB).

  9. 4. OBSTACLES FOR RATIFICATION OF THE TORREMOLINOS PROTOCOL, 1993 4.1 Shipyard So far, most of the FV are traditionally built from wood and not yet properly equipped although the magnetic compass, GPS and SSB radio transceiver are provided. 4.2 Lack of Investment Most of the FV owner are small or medium size enterprises. On the other hand, some of the government budget goes to tsunami, earth quake, flood recovery of forest fire, etc., and therefore the development of fishing industries is relatively slow.

  10. 4. OBSTACLES FOR RATIFICATION OF THE TORREMOLINOS PROTOCOL, 1993 • 4.3 Training of FV personnel • Instead of The STCW-F 1995, the ILO C.188 Article 9 and 10 also dealing with training, while TP 1993 regulation VIII/3 and VIII/4 is dealing with drill and training; • It is not easy to conduct the training for existing traditional fishermen especially for the ROC or GOC for the GMDSS that has no relation with amount of fish that could be catch.

  11. 4. OBSTACLES FOR RATIFICATION OF THE TORREMOLINOS PROTOCOL, 1993 • 4.4 Involvement of other instrument on technical matters • ILO C.188 Article 13 & 14: Minimum Safe Manning, and Annex III: Conversion from ships length into GT; • FAO Compliance Agreement, 1993: Provisions for FV location detection transponder, definition of length for FV that built after 18 July 1982, and inclusion of mother ship as FV. • UNIA 1995: On board inspection.

  12. LAW AND REGULATION ON MAINTAINING SAFETY AND SECURITY FOR FISHING VESSELS IN INDONESIA • Act No. 17 Year 1985 concerning Approval of UN Convention on the Law of the Sea; • Act No. 24 Year 2000 concerning International Agreement; • Act No. 31 Year 2004 concerning Fisheries; • Act No. 1 Year 2008 concerning Approval of ILO Convention No. 185 concerning Seafarers Identity Documents (Revised); • Act No. 17 Year 2008 concerning Merchant Shipping; • Government Regulation No. 54 Year 2002 concerning Fishery Industries, and a set of Government Regulations and Ministerial Decrees for the implementation;

  13. LAW AND REGULATION ON MAINTAINING SAFETY AND SECURITY FOR FISHING VESSELS IN INDONESIA • Government Regulation No. 51 Year 2004 concerning Shipping; • Minister of Transportation Decree No. 46 Year 1996 concerning Safety and Certification of Fishing Vessels; • Minister of Transportation Decree No. 9 Year 2005 concerning Education and Training, Examination and Certification of FV personnel; • etc. • Sample of certificate as attached hereto :

  14. 6. CONCLUSION • Indonesia has already ratified several international conventions related to fishing industries and has a strong intention to ratify the Torremolinos Protocol, 1993 for the contribution on achieving the Goal of IMO. • Series of meeting have already conducted towards the ratification of STCW-F 1995, ILO C.188, TP 1993, and acceptance of FAO Compliance Agreement 1993. • There are several obstacles for the ratification of TP 1993 that need to be resolved. • For approval of drawing, measurement and registry, issuance of safety certificate and environment protection, however, Indonesia enforced the standards and regulations of merchant ships while the STCW-F 1995 is adopted in the development of curriculum for training of FV personnel.

  15. Thank you for your kind attention

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