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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:English
English
English
Published: 2022
Subjects:
HD28-70 Management. Industrial Management
K Law (General)
SH Aquaculture. Fisheries. Angling
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
https://etd.uum.edu.my/10156/
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spelling my.uum.etd.101562022-12-14T08:29:33Z https://etd.uum.edu.my/10156/ The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia Indriyani, Rachma 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 NonPeerReviewed text en https://etd.uum.edu.my/10156/1/permission%20to%20deposit-not%20allow-903425.pdf text en https://etd.uum.edu.my/10156/2/s903425_01.pdf text en https://etd.uum.edu.my/10156/3/s903425_02.pdf Indriyani, Rachma (2022) The enforcement and conservation of Southern Bluefin Tuna (SBT) fishery: A legal study in Indonesia. Doctoral thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
English
topic HD28-70 Management. Industrial Management
K Law (General)
SH Aquaculture. Fisheries. Angling
spellingShingle HD28-70 Management. Industrial Management
K Law (General)
SH Aquaculture. Fisheries. Angling
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
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
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
https://etd.uum.edu.my/10156/
_version_ 1753791151930867712
score 13.211869

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