Cablegate: Indonesian High Seas Driftnet Activity Information

VZCZCXRO8280
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #2205/01 3391010
ZNR UUUUU ZZH
O 041010Z DEC 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0885
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHBK/AMEMBASSY BANGKOK 8576
RUEHKO/AMEMBASSY TOKYO 2808
RUEHBJ/AMEMBASSY BEIJING 5696
RUEHBY/AMEMBASSY CANBERRA 3370
RUEHUL/AMEMBASSY SEOUL 5196
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 002205

SIPDIS

DEPT FOR OES AND EAP
COMMERCE FOR NOAA
USAID FOR ANE, EGAT
BANGKOK FOR RDM/A
NSC FOR CEQ CONNAUGHTON, VAN DYKE, KUSKA

DEPT FOR EAP/MTS, OES/OMC, AND OES/OA
OES/OMC FOR DWARNER-KRAMER
NOAA FOR LCIMO

E.O. 12598: N/A
TAGS: SENV EFIS ETRD PGOV ID
SUBJECT: INDONESIAN HIGH SEAS DRIFTNET ACTIVITY INFORMATION

REF: STATE 100495

1. This message responds to reftel request for information from
Indonesia for purposes of the High Seas Driftnet Fishing Moratorium
Protection Act.

2. Summary. The Ministry of Marine Affairs and Fisheries (MMAF)
has provided specific information on the vessels listed on the
Inter-American Tropical Tuna Commission (IATTC) IUU vessel list.
The Government of Indonesia (GOI) has a strong interest in improving
its capacity for monitoring, control and enforcement, MMAF officials
say, as it becomes a member of various regional fisheries management
organizations. They insist that Indonesia is committed to doing its
best, and welcome any USG assistance and cooperation in this area.
End Summary.

MMAF: Monitoring and Control Challenging
----------------------------------------
3. Post discussed reftel questions on November 24 with Ministry of
Marine Affairs and Fisheries (MMAF) officials from the Directorate
General of Capture Fisheries (Capture Fisheries) and the Directorate
General of Surveillance and Control of Marine Resources and
Fisheries (Surveillance and Control). Capture Fisheries' Director
of Fisheries Resource Management, Nilanto Perbowo, stated that the
GOI does have in place control mechanisms, including a vessel
monitoring system, to verify that Indonesian-flagged vessels operate
in accordance with regional conservation and management measures.
He noted that the MMAF has issued ministerial decrees and a number
of regulations to ensure effective monitoring and control. However,
Perbowo and other MMAF officials admitted challenges in effectively
implementing these; the MMAF has inadequate numbers of inspectors
and field staff to effectively monitor and control a fishing fleet
spread across the vast Indonesian archipelago and EEZ.

Action against Vessels on IATTC IUU Vessel List
--------------------------------------------- -
4. Perbowo noted that Capture Fisheries has sent several official
letters (the most recent in May 2008) to the IATTC Director since
2006 regarding the 12 vessels listed. (Note: Post will send scanned
copies of these letters to USG POCs by email. End Note). Those
letters noted that the MMAF had searched its licensing database for
the listed vessels and held several meetings with the vessels'
owners.

5. The MMAF officials stated that Capture Fisheries sent a
reprimand letter to the owners of the listed fishing vessels,
demanding an explanation, on September 25, 2006. Responses from
owners in April and September 2007 acknowledged their wrongdoing,
but pled ignorance of rules on high seas fishing. Representatives
of the government and the Indonesian Tuna Association held a
consultation meeting in Jakarta on September 24, 2007 to clarify the
issues.

6. The MMAF confirmed that 7 of the 12 fishing vessels are still
operating and registered in their national licensing database.
However, the remaining 5 vessels are no longer active and been
delisted from the database, for various reasons. The MMAF issued a
letter on October 10, 2007 to the remaining vessel owners warning
them that their licenses would be revoked immediately if they
operate in the IATTC area again.

GOI Procedures
--------------
7. The MMAF/Capture Fisheries is responsible for issuing fishing
licenses, while the Ministry of Transportation is responsible for
registering and issuing ship licenses. Indonesia issues fishing
licenses valid only for its EEZ. By default, Indonesia does not
permit fishing on the high seas. However, there is currently no law
or regulation on high seas fishing, and therefore no proper legal
basis on which to punish Indonesian vessels found fishing illegally
on the high seas. According to the MMAF officials, they are
currently preparing a ministerial decree on high seas fishing and
licensing which it hopes to have ready by the end of 2009, and which

JAKARTA 00002205 002 OF 002

will provide the legal basis for punitive action against violators.

8. The normal MMAF procedure for disciplining Indonesian fishing
vessels for violations in Indonesian waters:
-- MMAF first warns vessel owner/company three times;
-- MMAF then freezes license for two weeks, during which time the
owner has to provide a satisfactory response;
-- If no satisfactory response, the MMAF will revoke the fishing
license.

USG Assistance and Cooperation Welcome
--------------------------------------
9. The MMAF officials welcomed potential USG assistance and
cooperation to help Indonesia control its fishing fleet and meet its
international obligations. They pointed to successful cooperation
with Australia in monitoring activity in the Timor and Arafura seas.
Indonesia has a strong interest in improving its capacity for
monitoring, control and enforcement, they said, especially following
its admission to membership in the Indian Ocean Tuna Commission
(IOTC) in 2007, and anticipating membership in the Western and
Central Pacific Fisheries Commission (WCPFC) in the near future. It
will not be an easy process, they said, but insisted that Indonesia
is committed to doing its best.

HUME

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