Table 2.
Indonesia’s Laws and Regulations regarding governance and conservation of cetaceans
No | Laws and regulations | Primary directions regarding cetaceans |
---|---|---|
1 | The Agriculture Minister (AM) Decree Number 35 of 1975 concerning Wild Animals Protection | Marine and freshwater dolphins were listed in this decree as protected species. |
2 | The Agriculture Minister (AM) Decree Number 327 of 1978 concerning Wild Animals Protection (1st addendum) | Humpback, fin, and blue whales were included in the addendum to the list of protected species. |
3 | Presidential Decree Number 43 of 1978 concerning the CITES Ratification | All cetaceans in Indonesia have been protected through this decree, and most of these animals were included in Appendix II (23 animals) and Appendix I (11 animals). |
4 | The Agriculture Minister Decree Number 716 of 1980 concerning Wild Animals Protection (2nd addendum) | The list of protected species increased as all whales were included in this addendum. |
5 | Act Number 17 of 1985 concerning the 1982 UNCLOS Ratification | This legal product promotes international collaboration of member countries of the UNCLOS in conserving cetaceans. Cetaceans are a conservation target because they are highly migratory species. |
6 | Act Number 5 of 1990 concerning the Conservation of Living Resources and their Ecosystems | This Act is the legal basis for regulating the protection of ecosystems and the sustainable use of natural resources to guarantee people’s welfare and improve the quality of human life. Various types of nature reserves are regulated in this legislation. This Act also classifies protected and non-protected animals. |
7 | Presidential Decree Number 32 of 1990 concerning the Protected Areas Management | This decree regulates the protected areas' establishment and their management guidelines. This rule also explains the types and criteria for establishing nature reserves. The marine nature reserve is specifically mentioned in this decree. |
8 | Act Number 5 of 1994 concerning the United Nations Convention on Biological Diversity Ratification | This Act provides the legal basis for developing plans of action to protect coastal and marine biodiversity through Marine protected Areas (MPAs) and Integrated Coastal Zone Management (ICZM), international cooperation in all activities related to living resources, taking into account the conservation of biodiversity in national policy-making, managing the risks related to biodiversity utilization, and establishing protected area systems. Traditional whaling in Indonesia is recognized by the Convention on Biological Diversity, and as a contracting party, Indonesia is asked to control whaling in a sustainable manner. |
9 | Government Regulation Number 68 of 1998 Nature Reserve Areas and Nature Conservation Areas | This regulation is a derivative of Act Number 5 of 1990, which provides the legal basis for in situ conservation. This conservation method is classified into nature-protected zones and nature reserves. Nature-protected zones consist of great forest park zones, nature park zones, and national park areas. Then, nature reserves consist of wildlife sanctuaries and nature preservation areas. |
10 | Government Regulation Number 7 of 1999 concerning the Preservation of Plants and Animals | This regulation classifies Indonesia’s protected and unprotected plants and animals. Preservation of plants and animals is carried out in situ or ex situ. All cetaceans in this Country are protected from trade and intentional killing. |
11 | Government Regulation Number 8 of 1999 concerning the Utilization of Wild Plants and Animals | Regulations that strictly stipulate protected wild animals and plants from being raised, exchanged, traded, hunted, and captured for pleasure. |
12 | Government Regulation Number 19 of 1999 concerning Control of Marine Pollution and Destruction | This regulation prohibits activities that damage and pollute the sea. This rule also stipulates quality standards for damage to marine ecosystems and seawater quality standards. |
13 | Act Number 31 of 2004 and its amendment Number 45 of 2009 concerning Fisheries | Article 7(5) of this Act categorizes cetaceans as "fish." This Act also regulates fisheries conservation. This Act states that to promote the management of fishery resources, MPAs and protected fish species should be regulated. The establishment of MPAs and fish conservation stipulated in this Article will also benefit cetaceans because cetaceans are categorized as fish. |
14 | Act Number 27 of 2007 and its amendment Number 1 of 2014 concerning Management of Coastal Zone and Small Islands | This Act stipulates that the conservation of coastal and small islands is performed to preserve marine species' habitat and migration corridors. This legislation stipulates zoning plans for coastal areas and small islands as well. |
15 | Government Regulation Number 60 of 2007 concerning Fish Resources Conservation | This regulation is a derivative of Act Number 31 of 2004 and its amendment Number 45 of 2009 concerning Fisheries. This rule is the legal basis for conserving fish resources through establishing MPAs, but this regulation also stipulates the fishery resources utilization in aquaria and trading. In this Government Regulation, cetacean is considered as “fish.” Fish conservation in this regulation refers to the Appendices species of the 1973 CITES so that all cetaceans are included in protected species. |
16 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Regulation Number 16 of 2008 concerning Coastal Zone and Small Islands Management Planning | This regulation states that the migration route for marine species is a pathway that must be incorporated into the coastal and small islands' zoning plan. |
17 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Regulation Number 17 of 2008 concerning Conservation Areas in Coastal Areas and Small Islands | This regulation stipulates four types of coastal and small island protected zones: coastal park, small islands park, coastal sanctuary, and small islands sanctuary. Each area design must define the core zones and include marine species migration corridors. The core zone has functions, including marine species migration corridors, nursery areas, and spawning areas. |
18 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Regulation Number 2 of 2009 concerning Procedures for Establishing Marine Protected Areas | This regulation stipulates that the establishment of marine protected areas must pay attention to the aspects of ecology, one of which is the migration corridor for particular fish species that have conservation value. |
19 | Act Number 32 of 2009 concerning the Protection and Management of the Environment | This Act stipulates the protection of the natural habitat of cetaceans and other marine ecosystems from the negative impacts of pollution. |
20 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Regulation Number 30 of 2010 concerning MPAs Management and Zoning Plans | Determination of sustainable fishing areas in marine protected areas must consider the migration pathways of marine life. |
21 | Government Regulation Number 62 of 2010 Utilization of the Outermost Small Islands | The environmental sustainability of the outermost islands needs to be maintained by establishing these islands as protected zones. |
22 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Regulation Number 12 of 2012 concerning Capture Fisheries on the High Seas | One of the objectives of this regulation is to reduce cetacean bycatch, as these animals are often ensnared in fishermen’s fishing nets. This regulation instructs fishing boats on the high seas that accidentally bycatch cetaceans on pelagic fish to release these species alive. In addition, cetacean bycatch must be reported to the authorized port official for documentation. |
23 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Regulation Number 30 of 2012 and its recent amendment Number 57 of 2014 concerning Capture Fisheries in the Indonesian Fisheries Management Area | Every ship with a fishing license in Indonesian waters must take protective actions to protect marine animals (including cetaceans) from bycatch. Furthermore, the cetacean bycatch has to be released alive and notified to the authorized port official. |
24 | Act Number 32 of 2014 concerning the Sea | This Act regulates the government’s responsibility to conserve the marine environment, including migratory animals, especially cetaceans. This law also promotes international collaboration in natural resource management and conservation on the high seas. |
25 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Decree Number 6 of 2014 concerning Management and Zoning Plans for the Savu Sea National Park | This decree is the legal foundation for establishing a migration corridor for marine species in the National Park of the Savu Sea. Management of marine mammal populations is carried out by regulating shipping lanes, management of bycatch, taking into account the migration season, and regulating fishing gear and mining activities in this marine park. |
26 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Decree Number 79 of 2018 concerning the Conservation of Marine Mammals' National Action Plan for the period 2018 to 2022 | This decree is the legal basis and guideline for implementing the national action plans for cetacean (including marine dolphins and all whales) conservation from 2018 to 2022. |
27 | Presidential Decree Number 83 of 2018 concerning the Handling of Marine Debris | This decree is the legal basis for overcoming the threat of marine debris pollution. Then, to overcome the threat of pollution, it is necessary to accelerate the management of marine debris reduction. In addition, this decree describes in detail the institutions, activities, programs, and strategies from 2018 to 2025 to reduce ocean debris, including plastic waste. |
28 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Decree Number 14 of 2020 concerning the Conservation of Marine Mammals' National Action Plan Working Group | This decree is the legal foundation for the establishment of a working group consisting of stakeholders to oversee the implementation of the marine mammal conservation national action plans. This decree encourages cross-sectoral collaboration to reduce overlapping authorities among stakeholders. |
29 | The Ministry of Marine Affairs and Fisheries Ministry (MMAF) Decree Number 49 of 2022 concerning Conservation Area in Mahakam Waters, Upstream Region, Kartanegara Regency | This decree is the first legal basis in Indonesia that establishes a conservation area in inland waters. This conservation area is used to protect the endangered Mahakam River (Irrawaddy) dolphin population. |