DISCLAIMER: This document is NOT an official translation and is NOT legally binding

RAJA AMPAT DISTRICT REGIONAL REGULATION

NUMBER 9 YEAR 2012

CONCERNING

PREVENTION OF SHARK, MANTA AND SPECIFIC SPECIES FISHERIES IN RAJA

AMPAT DISTRICT MARINE WATERS

WITH THE BLESSINGS FROM GOD THE ALMIGHTY

THE REGENT OF RAJA AMPAT DISTRICT

Considering:

a. whereas the marine waters of Raja Ampat District possess some of the highest

concentrations of marine biodiversity in the world, including 75% of the worlds

hard coral species and more than 1,320 species of fish;

b. whereas empirical studies indicate drastic declines in the quality and quantity of

Shark, Manta, Duging and Turtle due to the low reproductive potential of and

increased fisheries for these species;

c. whereas escalating conflicts between local fishers and fishers from other areas

have disrupted the development of sustainable fisheries and marine tourism in

Raja Ampat District, resulting in an urgent need to maintain and safeguard the

existence, availability and sustainability of fish species and to maintain and

increase the value and diversity of fish resources and their ecosystem to support

sustainable marine tourism;

d. whereas based on the considerations stated in letter a, letter b, and letter c, it is

considered important to establish a Regional Regulation on the Prevention of

Shark, Manta and Other Specific Species Fisheries in Raja Ampat Marine waters.

In view of:

1. Law Number 12 Year 1969 concerning The Formation of Irian Barat Autonomous Province and Autonomous Districts in Irian Barat Province (State Gazette of the Republic of Indonesia Year 1969 Number 47, Supplement State Gazette of The Republic of Indonesia Number 2994);

2. Law Number 17 Year 1985 concerning Ratification of the United Nations Convention on the Law of the Sea 1982 (State Gazette of The Republic of Indonesia Year 1985 Number 36, Supplement State Gazette of The Republic of Indonesia Number 3319);

3. Law Number 5 Year 1990 concerning Conservation of Biotic Natural Resources and their Ecosystems (State Gazette of The Republic of Indonesia Year 1990 Number 49, Supplement State Gazette of The Republic of Indonesia Number 3299);

4. Law Number 9 Year 1990 concerning Tourism (State Gazette of The Republic of Indonesia Year 1990 Number 78, Supplement State Gazette of The Republic of Indonesia Number 3427);

5. Law Number 5 Year 1994 concerning The United Nations Convention On Biodiversity (State Gazette of The Republic of Indonesia Year 1994 Number 41, Supplement State Gazette of The Republic of Indonesia Number 3556);

6. Law Number 6 Year 1996 concerning Indonesian Waters (State Gazette of The Republic of Indonesia Year 1996 Number 73, Supplement State Gazette of The Republic of Indonesia Number 3647);

7. Law Number 23 Year 1997 concerning Management of the Environment (State Gazette of The republic of Indonesia Year 1997 Number 68, Supplement State Gazette of The Republic of Indonesia Number 3669);

8. Law Number 21 Year 2001 concerning Special Autonomy for Papua Province (State Gazette of The Republic of Indonesia Year 2001 Number 31, Supplement State Gazette of The Republic of Indonesia Number 4414);

9. Law Number 26 Year 2002 concerning The Establishment of Sarmi, Kecroen, Sorong Selatan, Raja Ampat, Pegunungan Bintang, Yahukimo, Tolikara, Waropen, Kaimana, Boven Digoel, Maepi, Asmat, Teluk Bintuni and Woedama Districts in Papua Province (State Gazette of The Republic of Indonesia Year 2002 Number 129, Supplement State Gazette of the Republic of Indonesia Number 4245);

10. Law Number 7 Year 2004 concerning Water Resources (State Gazette of The Republic of Indonesia Year 2004 Number 32, Supplement State Gazette of the Republic of Indonesia Number 4377);

11. Law Number 31 Year 2004 concerning Fisheries (State Gazette of The Republic of Indonesia Year 2004 Number 118, Supplement State Gazette of the Republic of Indonesia Number 4433);

12. Law Number 32 Year 2004 concerning Regional Government (State Gazette of The Republic of Indonesia Year 2004 Number 125, Supplement State Gazette of the Republic of Indonesia Number 4437) as modified by Peraturan Pemerintah Pengganti Undang-Undang Number 3 Year 2005 concerning The Modification of Law Number 32 Year 2004 concerning Regional Government (State Gazette of

The Republic of Indonesia Year 2005 Number 38, Supplement State Gazette of the Republic of Indonesia Number 4493) as established by Law Number 8 Year 2005 (State Gazette of The Republic of Indonesia Year 2005 Number 108, Supplement State Gazette of the Republic of Indonesia Number 4548);

13. Law Number 33 Year 2004 concerning The Financial Balance Between The National and Regional Governments (State Gazette of The Republic of Indonesia Year 2004 Number 126, Supplement State Gazette of the Republic of Indonesia Number 4438);

14. Law Number 27 Year 2007 concerning The Management of Coastal Areas and Small Islands (State Gazette of The Republic of Indonesia Year 2007 Number 84, Supplement State Gazette of the Republic of Indonesia Number 4739);

15. Government Regulation Number 68 Year 1998 concerning Nature Reserves and Nature Conservations (State Gazette of The Republic of Indonesia Year 1998 Number 8132, Supplement State Gazette of the Republic of Indonesia Number 3776);

16. Government Regulation Number 19 Year 1999 concerning Control of Pollution and/or Destruction of the Oceans (State Gazette of The Republic of Indonesia Year 1999 Number 155, Supplement State Gazette of the Republic of Indonesia Number 3816);

17. Government Regulation Number 22 Year 1999 concerning Environmental Impact Assessments (State Gazette of The Republic of Indonesia Year 1999 Number 59, Supplement State Gazette of the Republic of Indonesia Number 3838);

18. Government Regulation Number 72 Year 2005 concerning Village (State Gazette of The Republic of Indonesia Year 2005 Number 158);

19. Government Regulation Number 38 Year 2007 concerning Division of Governance Affairs Between Government, Province Regional Government, and District / City Regional Government (State Gazette of The Republic of Indonesia Year 2007 Number 82, Supplement State Gazette of the Republic of Indonesia Number 4737);

20. Government Regulation Number 60 year 2007 concerning Fishery Resource Conservation (State Gazette of The Republic of Indonesia Year 2007 Number 134);

21. Presidential Decree Number 43 Year 1978 concerning Ratification of the Convention on International Trade in Endangered Species (CITES) on Wild Fauna and Flora;

22. Presidential Decree Number 32 Year 1990 concerning Management of Protected Areas;

23. Ministerial Regulation of Marine Affairs and Fisheries Number 17 Year 2008 concerning Conservation Areas in Coastal Areas and Small Islands;

24. Raja Ampat District Regional Regulation Number 1 Year 2008 concerning Government Affairs become the Regional Government Authorities of Raja Ampat District (Regional Gazette of Raja Ampat District Number 1 Year 2008, Supplement Regional Gazette of Raja Ampat District Number 1);

25. Raja Ampat District Regional Regulation Number 27 Year 2008 concerning Regional Marine Conservation Areas (Regional Gazette of Province Number 18 Year 2008);

26. Raja Ampat District Regional Regulation Number 8 Year 2010 concerning Coral Reef Management (Regional Gazette of Raja Ampat District Number 66 Year 2010, Supplement Regional Gazette of Raja Ampat District Number 65);

27. Raja Ampat District Regional Regulation Number 3 Year 2012 concerning The Spatial Plan of Raja Ampat District (Regional Gazette of Raja Ampat District Number 89 Year 2012, Supplement Regional Gazette of Raja Ampat District Number 83 Year 2012);

By Mutual Consent

THE REGIONAL HOUSE OF REPRESENTATIVES OF RAJA AMPAT DISTRICT

And

THE REGENT OF RAJA AMPAT DISTRICT HAVE DECIDED

To Establish:

A REGIONAL REGULATION ON THE PREVENTION OF SHARK, MANTA AND

SPECIFIC SPECIES FISHERIES IN RAJA AMPAT DISTRICT MARINE

WATERS.

CHAPTER 1

GENERAL PROVISIONS

Article 1

In this Regional Regulation:

1. Region means Raja Ampat District.

2. Regional Government refers to the Regent and regional apparatuses as the element of regional government administration.

3. Head of Region refers to the Regent of Raja Ampat District.

4. The Regional House of Representatives or Dewan Perwakilan Rakyat Daerah hereinafter referred to as DPRD is The Regional House of Representatives of Raja Ampat District as an element of the Regional Government Administration.

5. Regional Governance is the administration of governance affairs by the Regional Government and DPRD based on the autonomy principles and support tasks based on the autonomy principles at large within the system and principle of the Unified State of the Republic of Indonesia as stipulated by the State Constitution of the Republic of Indonesia.

6. Office means Raja Ampat Office of Marine Affairs and Fisheries.

7. Office Head means Head of Raja Ampat Office of Marine Affairs and Fisheries.

8. Village means a legal social entity with territorial borders and authorities to regulate and organize local community needs, based on origins and local customs which are recognized and respected in the system of the State Government of Republic of Indonesia.

9. Village government refers to village heads and village apparatuses.

10. Ecosystem means an integrated community of flora, fauna and other organisms as well as the processes that link them and create balance, stability and productivity.

11. Ecosystem service is the service produced through the utilization without extraction of coastal resources, but utilizing their functions to undertake activities at coastal areas.

12. Fisher means a person whose livelihood is capturing fish.

13. Area means part of the coastal area with specific functions established based on physical, biological, social and economic criteria that need to be sustained.

14. Conservation is an effort to maintain and sustain the existence of ecological states, features and functions of coastal resources to maintain their adequate availability to meet the needs of people and other living beings, now and in the future.

15. Fish and marine organisms mean all kinds of organisms whose life cycles, wholly or in parts, are in aquatic environments.

16. Conservation of fish species means an effort to protect, conserve and utilize fishery resources, including their ecosystems, species and genes to ensure their existence, availability and sustainability while maintaining and improving the value and diversity of the fishery resources.

17. Ecosystem conservation means an effort to protect, conserve and utilize ecosystem functions as habitats that support the lives of marine and coastal biota now and in the future.

18. Genetic conservation means an effort to protect, conserve and utilize fishery resources, to ensure the existence, availability and sustainability of the genetic resource of fish for present and future generations.

19. Fishing is an activity to obtain fish from marine and coastal waters that is not farming.

20. Regional Marine Conservation Area or Kawasan Konservasi Laut Daerah (KKLD) is a part of the marine area under the authority of regional governments that provides habitat for flora and fauna and has specific ecological features, conservation functions and the protection of historic and socio-cultural features.

21. Marine and coastal nature reserve is a marine and coastal conservation area with specific features to protect the diversity of fish species and their ecosystems.

22. Stakeholders are users of coastal resources who have direct interests in the coastal resources, including National Government, Regional Governments, traditional fishers, fishers using modern fishing gears, fish farmers, marine tourism operators, fishery companies and coastal communities.

23. Coastal community is a social entity residing in a coastal area and whose livelihoods relate to the utilization of coastal resources, consisting of adat communities and local communities, including fishers, non-fishers and fish farmers.

24. Marine tourism is anything pertaining to tourism of the sea, including tourist objects and attraction industries, tourist facility industries, and other related businesses.

25. Person and Legal Corporate Body mean every individual person and/or Legal Corporate Body in the forms of Limited Liability Company, Limited Partnership, Firms, other companies, BUMN, BUMD and / or other names that operate in various business sectors in a regular manner in an activity to get profits.

26. Penyidik Pegawai Negeri Sipil, hereinafter referred to as PPNS, are Civil Servants who are granted with special authority to investigate violations of Laws and Bylaws.

27. Kitab Undang-Undang Hukum Pidana, hereinafter referred to as KUHP, is a kitab that contains and regulates criminal codes and criminal acts.

28. Kitab Undang-Undang Hukum Acara Pidana hereinafter called as KUHAP is a kitab that regulates the procedures and rules for those involved in criminal violation acts and criminal acts.

CHAPTER II

GOAL AND OBJECTIVES

Article 2

The goal of this Regional Regulation is to keep and protect specific fish species from extinction due to irresponsible and illegal fishing.

Article 3

The objectives of this Regional Regulation are to:

1. Maintain the species diversity of fish and /or marine biota;

2. Maintain balanced and robust marine ecosystems;

3. Utilize fishery resources sustainably; and

4. Create underwater tourist attractions with high economic values.

CHAPTER III

BASIS AND PRINCIPLES

Article 4

This Regional Regulation is established according to the following foundations:

a. merits;

b. legal assurance;

c. accountability;

d. community participation; and

e. sustainability

Article 5

This Regional Regulation is established based on the principles of: a. precautionary approaches;

b. consideration of scientific evidence;

c. protection of natural and dynamic marine ecosystem structures and functions;

d. protection of fish species and genetic quality; and

e. utilization of biodiversity that support sustainable marine tourisms.

CHAPTER IV

PROTECTION OF SHARK, MANTA AND SPECIFIC FISH SPECIES

Article 6

1. Sharks protected include several species of the Class Chondrichthyes, Subclass Elasmobranchii and Subdivision Selachii.

2. The types of sharks as stated in paragraph (1) are contained in Appendix Table 1 which is a unified part of this Regional Regulation.

Article 7

1. Mantas protected includes several species of the Class Chondrichthyes, Subclass Elasmobranchii, Subdivision Batoidea belonging to the family Pristidae, Rhinidac, Myliobatidoe and Mobilidae.

2. The types of manta as stated in paragraph (1) are contained in Appendix Table II which is a unified part of this regional Regulation.

Article 8

1. Dugong, whale and several turtle species are included in protected marine creatures in Raja Ampat District marine waters.

Article 9

1. Ornamental fish species protected are those in Raja Ampat Distrct marine waters with low reproductive potential.

2. The ornamental fish species as stated in paragraph (1) are contained in Appendix Table III which is a unified part of this Regional Regulation.

Article 10

1. Other ornamental fish species not listed and protected under Article 9 paragraph (1) may be captured using eco-friendly fishing gears and with limited quota and species.

2. Fish capture as stipulated in paragraph (1) are conducted with the prior consent of the Regent.

3. The procedures and process for issuing licenses as stated in paragraph (2) will be provided further based on Regent Regulations.

Article 11

1. Endemic fish species are protected both in Raja Ampat District marine waters and the Birds Head marine waters.

2. Endemic fish species as stipulated in paragraph (1) are contained in Appendix Table IV which is a unified part of this Regional Regulation.

CHAPTER V

COMMUNITY PARTICIPATION

Article 12

Regional Government provides opportunities to adat communities to sustain their local knowledge by imposing adat sanctions over violations against the management of coastal areas, coasts and small islands in Raja Ampat District marine waters.

Article 13

Local people will participate in keeping and protecting specific fish species and endemic fish species by:

1. forming marine safeguard task forces in respective villages;

2. not providing opportunities to other people to conduct captures and hunting of specific fish species and endemic fish species in respective traditional marine areas;

3. reporting to the Regional Government in the case of fish captures and hunting by other people in respective traditional marine areas and/ or taking actions against the violators based on respective Adat Law and / or local Village Ordinances;

4. taking part in defining management policies and implementation of surveillance activities of conservation areas and protection of marine ecology / ecosystems; and

5. maintaining cultural and/or traditional values as well as ecosystem services as livelihood sources from generations to generations provided that such are not contradictory to the prevailing Laws.

CHAPTER VI

PROHIBITIONS

Article 14

6. Every person and/or Legal Corporate Body is prevented from capturing, hunting, causing injuries, killing, keeping, possessing, maintaining, transporting and trading protected fish species and marine creatures alive or dead, as stipulated in Article 6, Article 7, Article 8, Article 9, and Article 11.

7. Every person and / or Legal Corporate Body is prevented from trading, keeping or possessing the skins, bodies, fins or other parts of protected fish species or items made of the fish body parts, as stipulated in Article 6, Article 7, Article 8, Article 9, and Article 11.

8. Every person and/or Legal Corporate Body is prevented from collecting, damaging, destroying, trading, keeping or possessing the eggs and/or nests of protected fish species.

Article 15

9. The capture of fish species as stipulated in Article 6, Article 7, Article 8, Article 9, and Article 11 may be conducted only for research and scientific development purposes.

10. The capture as stipulated in paragraph (1) is conducted with prior consent from the Regent.

11. The procedures and processes for issuing licenses as stated in paragraph (2) is provided further by Regental Regulations.

Article 16

Every person and/or Legal Corporate Body is prevented from conducting capture and hunting of various marine biota using materials / substances that potentially damage marine ecology / ecosystems and affect human health including:

a. poisonous substances;

b. bombs

Article 17

Every person and/or Legal Corporate Body is prevented from capturing and hunting of various marine biota using gears that potentially damage marine ecology / ecosystems including:

a. purse seine;

b. Muroami nets;

c. Other fishing gears.

Article 18

Every person and/or Legal Corporate Body is prevented from capturing and hunting of various marine biota using ancillary gears that potentially damage marine ecology / ecosystems and affect the safety of human lives such as compressors and/or the like.

Article 19

Every person who unintentionally captures protected species as stipulated in Article 6, Article 7, Article 8, Article 9, and Article 11 must release them to the sea alive or dead without causing deformities by cutting or wounding.

CHAPTER VII

SANCTIONS

Article 20

1. Every person and/or Legal Corporate Body that intentionally conducts, orders to conduct, or takes part in activities that reduce the population of specific fish species and endemic fish species as stipulated in Article 6, Article 7, Article 8, Article 9 and Article 11 will be liable to imprisonment to a maximum of 6 months and / or fine to a maximum of Rp 50,000,000 (fifty million rupiahs).

2. The imprisonment as stipulated in paragraph (1) comprises a violation.

3. The fine as stipulated in paragraph (1) will be delivered to the Regional Treasury and comprises a regional revenue.

Article 21

1. Every person and/or Legal Corporate Body that intentionally conducts, orders to conduct, or takes part in activities that result in the extinction, pollution, and damage of marine ecology / ecosystem as stipulated in Article 6, Article 7, Article 8, Article 9 and Article 11 will be imposed with ciminal sanctions.

2. The imposing of sanctions as stipulated in paragraph (1) will refer to the laws governing conservation, environmental impact assessments (AMDAL), and the management of coastal areas and small islands.

3. The procedure and process of imposing the sanction as stipulated in paragraph (2) will refer to the provisions of KUHP and KUHAP.

Article 22

In addition to the criminal sanctions of fines and physical punishment, as stipulated in Article 20 and Article 21, violators will be liable to social sanctions by the local community.

CHAPTER VIII

INVESTIGATION

Article 23

1. Relevant PPNS from the Regional Government will be authorized as investigators to conduct Investigations of criminal acts in marines and fisheries, as stipulated in KUHAP.

2. PPNS as stipulated in paragraph (1) are authorized to:

a. Check the accuracy of reports or explanations relating to criminal acts in marines and fisheries;

b. Investigate the person who is suspected to commit the marine or fishery criminal acts;

c. Retrieve explanations and evidences from the person who is linked with the marine or fishery criminal act;

d. Investigate documents that relate to the marine or fisheries criminal act;

e. Conduct investigations at specific places where other evidence and documents may be found and confiscate and seal the materials and items relating to violations that can be used as evidence in a marine and fisheries criminal case; and

f. Seek expert support in conducting the investigation of marine and fisheries criminal acts.

3. PPNS as stipulated in paragraph (1) will notify the Investigating Official from the State Police of the Republic of Indonesia when new investigations are initiaited.

4. In the event that conducting the authorities as stipulated in paragraph (2) requires an act of apprehension and detention, PPNS will coordinate with the Investigating Official from the State Police of the Republic of Indonesia pursuant to the rules of law.

5. PPNS as stipulated in paragraph (1) will deliver the investigation results to the General Attorney through the Investigating Official from the State Police of the Republic of Indonesia.

6. In addition to the investigator as stipulated in paragraph (1), Head of Legal Division will be in ex-officio for the title is tasked to conduct investigation of criminal acts in marines and fisheries.

CHAPTER IX

TRANSITIONAL PROVISIONS

Article 24

1. In tandem with the establishment of this Regional Regulation, other Regional Regulations concerning the conservation of marine ecology / ecosystems will remain effective provided that these do not contradict with this Regional Regulation.

2. Along with the establishment of this Regional Regulation, the Regent Circular of Raja Ampat District Number 430/407/2010 dated 13 October Year 2010 concerning the prevention of fishing using bombs, posions, compressors, muroami, fish traps and purse seines, and prevention of harvesting of other protected biota such as sharks, mantas, ornamental fish, dugongs and turtles, including prohibition of fishing activities in marine tourist areas and conservation areas are aborted and deemed ineffective.

CHAPTER X

CLOSING PROVISIONS

Article 25

Other matters related to further technical implementation and yet to be adequately contained in this Regional Regulation will be provided by subsequent Regents Regulations.

Article 26

This Regional Regulation comes into force from the date of promulgation.

For the knowledge of everybody, orders the passing of this Regional Regulation and embedding it in the Regional Gazette of Raja Ampat District.

Established in Waisai

On October 22nd, 2012

THE REGENT OF RAJA AMPAT

MARKUS WANMA

Passed in Waisai

On November 16th, 2012

THE REGIONAL SECRETARY

OF RAJA AMPAT DISTRICT

Drs. FERDINAND DIMARA, MSi.

PEMBINA UTAMA MUDA (IV/c).

REGIONAL GAZETTE OF RAJA AMPAT DISTRICT YEAR 2012 NUMBER 59

The authorized copy as equivalent to the original

o.b. REGIONAL SECRETARY OF RAJA AMPAT DISTRICT

ASSISTANT TO THE GOVERNANCE DIVISION

HEAD OF LEGAL DIVISION

Annex 1: RAJA AMPAT DISTRICT REGIONAL REGULATION

Number 9 Year 2012

Date: 22 November 2012

Names of Protected Sharks No Name Latin Name Indonesian Name

1 2 3 4

1 Whale Sharks Rinchodon Typus (Smith,

1828)

Hiu Paus/ Hiu Bodoh / Hiu Naga

Bintang / Gurano Bintang

2 Alopiida Thresher Sharks

3 Limnidae Mackerel Sharks

4 Pristidae

5 Rhyncobatidae

6 Rhinidae

7 Ginglymostomatidae

8 Sphyrinidae

9 Carcharhinidae

10 Hemiscyllidae Bamboo Sharks Mandemor/ Kalabia

11 Scyliorhinidae

12 Stegostomatidae

Annex 2: RAJA AMPAT DISTRICT REGIONAL REGULATION

Number 9 Year 2012

Date: 22 November 2012

Names of Protected Manta Rays No Name Latin Name Indonesian Name

1 2 3 4

1 MOBULIDAE Manta and Mobula Rays

2 MYLIOBATIDAE Eagle Rays

3 DASYATIDAE

4 ORECTOLOBIDAE

Annex 4: RAJA AMPAT DISTRICT REGIONAL REGULATION

Number 9 Year 2012

Date: 22 November 2012

Names of Protected Ornamental Fish in the Birds Head area No Name Latin Name Indonesian Name

1 2 3 4

1 APOGON OXYGRAMMUS

2 CALUMIA PAPUENSIS

3 HOPLOLATILUS

ERDMANNI

4 PSEUDOCHROMIS JACE

5 PSEUDOCHROMIS SP

6 MANONICHTHYS JAMAL

7 PARACHEILINUS

NURSALIM

8 PENTAPODUS NUMBERII