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 (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.