The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia

The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia

Southern Bluefin Tuna (SBT) is a highly migratory fish under the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) rules. Having such migratory nature, the fish is the most vulnerable species to experience ecological impacts if improperly managed beyond the exclusive economic zone (EE...

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Main Author: Indriyani, Rachma
Format: Thesis
Language:eng
eng
eng
Published: 2022
Subjects:
HD28-70 Management
Industrial Management
K Law (General)
Online Access:https://etd.uum.edu.my/10156/1/permission%20to%20deposit-not%20allow-903425.pdf
https://etd.uum.edu.my/10156/2/s903425_01.pdf
https://etd.uum.edu.my/10156/3/s903425_02.pdf
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spelling my-uum-etd.101562022-12-14T08:29:33Z The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia 2022 Indriyani, Rachma Abdul Rahim, Asmar Azmi, Ruzita Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government HD28-70 Management. Industrial Management K Law (General) SH Aquaculture. Fisheries. Angling Southern Bluefin Tuna (SBT) is a highly migratory fish under the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) rules. Having such migratory nature, the fish is the most vulnerable species to experience ecological impacts if improperly managed beyond the exclusive economic zone (EEZ) boundaries. Being the only spawning ground area of SBT and also one of the migration routes of the species, Indonesia has a crucial role as a coastal State, flag State, and also port State to manage the SBT sources within its national jurisdiction and enforce the law against fishers engaging in the SBT fisheries. The issue on the enforcement and conservation measures of SBT should be conducted effectively and taken into serious consideration by all the stakeholders as a whole for sustainability reason. The primary research question is whether the enforcement and conservation measures relating to SBT fishing are adequate in Indonesia? In this regard, the existing legal frameworks both at the international and national level have been critically evaluated. The key research objective is to analyze the practice of enforcement and conservation strategies of SBT fisheries in Indonesia. The study adopts socio –legal research by using qualitative approach employing theoretical work and special reference. The qualitative approach and theoretical work are library -based, complemented by nine semi-structured interviews, while the special reference aspect involves reference to the relevant SBT fishery laws and the legislations of Australia and New Zealand. The analysis of data employs doctrinal, thematic, critical and analytical methods. The findings indicate that the existing legal frameworks on SBT fisheries in Indonesia are inadequate to regulate the non-compliance and over-quota problem perpetrated by fishers. The said legal frameworks too were found to be in the absence of some provisions concerning fishing activities under the quota management system, the subsisting of small-scale fishers in SBT fishing, and the sanctions for fishers who exceeded their allocated quota or in breach of the CCSBT rules. Based on these findings, this study recommends that the Government of Indonesia to consider amending the existing legal frameworks on SBT fisheries. Concurrently, the implementation of enforcement and conservation measures in Indonesia must be further strengthened to ensure that it complies and full fills all the requirements prescribed by CCSBT rules. 2022 Thesis https://etd.uum.edu.my/10156/ https://etd.uum.edu.my/10156/1/permission%20to%20deposit-not%20allow-903425.pdf text eng staffonly https://etd.uum.edu.my/10156/2/s903425_01.pdf text eng staffonly https://etd.uum.edu.my/10156/3/s903425_02.pdf text eng staffonly other doctoral Universiti Utara Malaysia
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
eng
advisor Abdul Rahim, Asmar
Azmi, Ruzita
topic HD28-70 Management
Industrial Management
K Law (General)
HD28-70 Management
Industrial Management
spellingShingle HD28-70 Management
Industrial Management
K Law (General)
HD28-70 Management
Industrial Management
Indriyani, Rachma
The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia
description Southern Bluefin Tuna (SBT) is a highly migratory fish under the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) rules. Having such migratory nature, the fish is the most vulnerable species to experience ecological impacts if improperly managed beyond the exclusive economic zone (EEZ) boundaries. Being the only spawning ground area of SBT and also one of the migration routes of the species, Indonesia has a crucial role as a coastal State, flag State, and also port State to manage the SBT sources within its national jurisdiction and enforce the law against fishers engaging in the SBT fisheries. The issue on the enforcement and conservation measures of SBT should be conducted effectively and taken into serious consideration by all the stakeholders as a whole for sustainability reason. The primary research question is whether the enforcement and conservation measures relating to SBT fishing are adequate in Indonesia? In this regard, the existing legal frameworks both at the international and national level have been critically evaluated. The key research objective is to analyze the practice of enforcement and conservation strategies of SBT fisheries in Indonesia. The study adopts socio –legal research by using qualitative approach employing theoretical work and special reference. The qualitative approach and theoretical work are library -based, complemented by nine semi-structured interviews, while the special reference aspect involves reference to the relevant SBT fishery laws and the legislations of Australia and New Zealand. The analysis of data employs doctrinal, thematic, critical and analytical methods. The findings indicate that the existing legal frameworks on SBT fisheries in Indonesia are inadequate to regulate the non-compliance and over-quota problem perpetrated by fishers. The said legal frameworks too were found to be in the absence of some provisions concerning fishing activities under the quota management system, the subsisting of small-scale fishers in SBT fishing, and the sanctions for fishers who exceeded their allocated quota or in breach of the CCSBT rules. Based on these findings, this study recommends that the Government of Indonesia to consider amending the existing legal frameworks on SBT fisheries. Concurrently, the implementation of enforcement and conservation measures in Indonesia must be further strengthened to ensure that it complies and full fills all the requirements prescribed by CCSBT rules.
format Thesis
qualification_name other
qualification_level Doctorate
author Indriyani, Rachma
author_facet Indriyani, Rachma
author_sort Indriyani, Rachma
title The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia
title_short The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia
title_full The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia
title_fullStr The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia
title_full_unstemmed The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia
title_sort enforcement and conservation of southern bluefin tuna (sbt) fishery: a legal study in indonesia
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2022
url https://etd.uum.edu.my/10156/1/permission%20to%20deposit-not%20allow-903425.pdf
https://etd.uum.edu.my/10156/2/s903425_01.pdf
https://etd.uum.edu.my/10156/3/s903425_02.pdf
_version_ 1776103754062364672

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