or areas to carry out their activities. In 2014, Indonesia had taken some steps to create
a list of non-compliant vessels when its Ministry of Marine Affairs and Fisheries
issued a moratorium on all fishing vessels built outside of Indonesia but reflagged as
Indonesian vessels (often referred by the Ministry as “ex-foreign vessels”).
68 The
year after the moratorium, the Indonesian task force on IUU fishing investigated
1132 “ex-foreign” fishing vessels to identify their compliance level and to analyse
their IUU fishing activities.
69 The investigation found that all of them have breached
Indonesian fisheries law in varying degrees of violations.
70 As a result, all those “exforeign” vessels are now included in a “list of blacklisted and deregistered vessels.”
71 Some of the consequences of this listing are that the most recent Indonesia’s
negative list of investment now includes the prohibition of “ex-foreign” vessels,
foreign vessels, and foreign investment in Indonesia’s capture fisheries industries,
72
and transhipment at sea is also prohibited.
73
Technically, the unilateral listing by Indonesia only includes Indonesian registered vessels. To date, there is no indication that Indonesia’s vessel listing would
extend to foreign vessels. Meanwhile, since 2015, Indonesia has participated in the
FAO pilot project on the Global Record of Fishing Vessels, Refrigerated Transport
Vessels and Supply Vessels [FAO Global Record], which aims at deterring and
eliminating IUU fishing.
74 Phase 1 involves official data gathering from the pilot
project partners. The key component of this programme is the assignment of a
Unique Vessel Identifier [UVI] that is an unchangeable International Maritime
Organization [IMO] identification number that is attached to the vessel throughout
its lifetime, regardless of any change in name, ownership or nationality.
75 Unlike
IUU vessels lists developed by regional fisheries bodies that only write down the
68 The moratorium, which was initially intended for a period between November 2014 and April
2015 was extended for 6 months and finally lifted in October 2015 (See Minister of Marine and
Fisheries’ Regulation No. 56/PERMEN-KP/2014 on Fishing Moratorium in Indonesia’s Fishing
Zones, Art. 1(2) and 3).
69 Santosa (2016).
70 Husein (2015).
71 The list of the blacklisted vessels is spelled out in the Letters of the Secretary General of the
Ministry of Marine Affairs and Fisheries Number B-195/SJ/11/2016 and B-755/SJ/VI/2016, which
were issued on February 11, 2016 and June 16, 2016, respectively. The country of origin of the
blacklisted vessels varies: Australia, Belize, China, Honduras, Japan, Panama, Philippines, South
Korea, Taiwan, Thailand, Vietnam, and the United States.
72 See President’s Regulation No. 44 of 2016 on the list of Business Fields [that are] closed and
opened with Conditions to investment, p. 45.
73 Minister of Marine Affairs and Fisheries’ Regulation No 57/PERMEN-KP/2014 on the Second
Amendment to the Minister of Marine Affairs and Fisheries’ Regulation No. PER.30/MEN/2012 on
Capture Fisheries Business in Indonesia’s Fishing Management Zones, Art. 37.
74 FAO, Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels.
75 FAO, Global Record of Fishing Vessels, Refrigerated Transport Vessel and Supply Vessels:
Unique Vessel Identifier (UVI).
7 Market-Based Measures Against Illegal, Unreported and Unregulated Fishing in. . .
131
a list of non-compliant vessels when its Ministry of Marine Affairs and Fisheries
issued a moratorium on all fishing vessels built outside of Indonesia but reflagged as
Indonesian vessels (often referred by the Ministry as “ex-foreign vessels”).
68 The
year after the moratorium, the Indonesian task force on IUU fishing investigated
1132 “ex-foreign” fishing vessels to identify their compliance level and to analyse
their IUU fishing activities.
69 The investigation found that all of them have breached
Indonesian fisheries law in varying degrees of violations.
70 As a result, all those “exforeign” vessels are now included in a “list of blacklisted and deregistered vessels.”
71 Some of the consequences of this listing are that the most recent Indonesia’s
negative list of investment now includes the prohibition of “ex-foreign” vessels,
foreign vessels, and foreign investment in Indonesia’s capture fisheries industries,
72
and transhipment at sea is also prohibited.
73
Technically, the unilateral listing by Indonesia only includes Indonesian registered vessels. To date, there is no indication that Indonesia’s vessel listing would
extend to foreign vessels. Meanwhile, since 2015, Indonesia has participated in the
FAO pilot project on the Global Record of Fishing Vessels, Refrigerated Transport
Vessels and Supply Vessels [FAO Global Record], which aims at deterring and
eliminating IUU fishing.
74 Phase 1 involves official data gathering from the pilot
project partners. The key component of this programme is the assignment of a
Unique Vessel Identifier [UVI] that is an unchangeable International Maritime
Organization [IMO] identification number that is attached to the vessel throughout
its lifetime, regardless of any change in name, ownership or nationality.
75 Unlike
IUU vessels lists developed by regional fisheries bodies that only write down the
68 The moratorium, which was initially intended for a period between November 2014 and April
2015 was extended for 6 months and finally lifted in October 2015 (See Minister of Marine and
Fisheries’ Regulation No. 56/PERMEN-KP/2014 on Fishing Moratorium in Indonesia’s Fishing
Zones, Art. 1(2) and 3).
69 Santosa (2016).
70 Husein (2015).
71 The list of the blacklisted vessels is spelled out in the Letters of the Secretary General of the
Ministry of Marine Affairs and Fisheries Number B-195/SJ/11/2016 and B-755/SJ/VI/2016, which
were issued on February 11, 2016 and June 16, 2016, respectively. The country of origin of the
blacklisted vessels varies: Australia, Belize, China, Honduras, Japan, Panama, Philippines, South
Korea, Taiwan, Thailand, Vietnam, and the United States.
72 See President’s Regulation No. 44 of 2016 on the list of Business Fields [that are] closed and
opened with Conditions to investment, p. 45.
73 Minister of Marine Affairs and Fisheries’ Regulation No 57/PERMEN-KP/2014 on the Second
Amendment to the Minister of Marine Affairs and Fisheries’ Regulation No. PER.30/MEN/2012 on
Capture Fisheries Business in Indonesia’s Fishing Management Zones, Art. 37.
74 FAO, Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels.
75 FAO, Global Record of Fishing Vessels, Refrigerated Transport Vessel and Supply Vessels:
Unique Vessel Identifier (UVI).
7 Market-Based Measures Against Illegal, Unreported and Unregulated Fishing in. . .
131