Chapter 6
Fisheries Management in Central Maluku
6.1 Jurisdiction
Under national law, the sea and all its resources are the property of the national government of
Indonesia. National fisheries and coastal management consist of rules and regulations administered
by more than 20 largely uncoordinated ministries (Nikijuluw 1996; Soetaryono 1996; Kusuma-
Atmadja and Purwaka 1996). The consequences of poorly organized management structures at
the national level can be seen in terms of confusion, lack of information, and poor motivation at
provincial and regional levels. Efforts to redress the problems include the recent establishment of
a national, multi-ministerial body (DKN) charged with coordinating marine development and
conservation policy. There have been moves towards decentralization and the national government
is encouraging provinces to back up national law by developing more detailed and locally
appropriate provincial legislation. Most recently, Act No. 24, 1992, on spatial planning, gives
regional governments the mandate to zone coastal areas and to establish management plans in
consultation with village level governments. Policy makers are currently attempting to clarify
whether the zoning of territory can be extended into the sea, giving the province powers to zone
marine waters for various commercial and conservation purposes. As of 1998, consultation with
the village level on coastal zoning and planning has barely begun. Also, comprehensive operational
rules at the provincial level are still lacking for most national laws pertinent to coastal management.
The Maluku province has, however, developed some regulations, for instance, those prohibiting
the mining of corals, the cutting of mangroves and the capture of dolphins.
6.2 National Laws Affecting Artisanal and Small-Scale Fisheries
National level laws that, if enforced, would directly affect Maluku’s artisanal fishers stem largely
from Law No. 9, 1985 on Fisheries and the Agriculture Minister Decree No. 607, 1976, concerning
fishing zoning. Consequent to these laws, the use of gear types destructive to fisheries such as
explosives and poisons, are prohibited. There is also an inshore fishing zone designated for use
by small-scale and artisanal fishers, and mesh sizes are regulated. All mesh must be over 25 mm;
seine nets for tuna and skipjack must exceed 60 mm. Fish habitats including coral reefs, mangroves
and sea grass beds are specifically protected under the Biological Resource Conservation Act No.
5, 1990. Forty-eight marine mammals, birds, crabs, shellfish and coral species have been declared
protected species, including some that are commonly harvested in Maluku, i.e., turtles, dugongs,
coconut crabs, top shells, giant clams and a number of other edible shellfish. A few marine protected
areas have also been set up, including Pombo Island in the Haruku Strait in the Lease Islands.
6.3 Key Management Issues
In spite of its huge marine territory, Indonesia has no separate Department of Fisheries. Fisheries
come under the Department of Agriculture. The country is divided into nine fisheries resource
management areas, two of which lie within the Maluku province. For each area, there is an
annual exercise of setting Total Allowable Catches linked to the standard fisheries management
concept of Maximum Sustainable Yield (MSY). Currently, there is a move to attempt to determine
what are known as MEY (Maximum Economic Yield) and MSOY (Maximum Social Yield).
58 An Institutional Analysis of Sasi Laut in Maluku, Indonesia