Regional Jurisdiction over Coastal Waters

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1.2.3. Coastal Management in Minahasa District

In 1991, the Province completed a comprehensive spatial plan that was memorialized through a Perda North Sulawesi Province, 1991. The spatial plan takes into account a Presidential Decree that was issued in 1990 that defined and provided guidelines for conservation areas KepPres 321990. According to that Presidential Decree, ‘conservation areas’ included sanctuaries and natural reserves, and ‘utilization areas’ included production forests, agricul- ture, mining, industry and tourism. The 1991 spatial plan allocated the area Cagar Alam Laut Bunaken-Manado Tua as a marine nature reserve kawasan suaka alam laut. However, along the coast from Manado including Bunaken to north and east to Bitung was also identified as a coastal tourism area kawasan wisata pantai. The area designated as Bunaken National Park, thus fell into two classifications – conservation and tourism. Goals for tourism included the development of tourist attractions, while goals for conservation included research on resources, and rehabilitation and conservation of those resources. While the spatial plan is too general in scope to contain any specific conflicts, certainly the inherent tension between conservation and tourism is evident Putra, 2002. In 1992, the District of Minahasa followed with its own spatial plan Minahasa 1992. The plan paralleled that of the Province by designating the northern coast from the border with Manado through Wori encompassing Park area as a tourism zone. This is the primary document that has guided coastal management in the District of Minahasa, and has been used to shape activities that subsequently were approved by the regional government. This spatial plan, however, focuses almost exclusively on terrestrial planning, with no provision for marine spatial planning. The spatial plan was followed in 1994 with a four-year basic management plan or pola dasar Minahasa, 1994. A series of regional Perda at both the provincial and district levels were enacted in 1995 and 1996, creating a regulatory structure for tourism and conservation. A Gubernatorial Decree in 1995 prohibited trash disposal in rivers that flowed into Manado Bay and affected Bunaken National Park. Minahasa enacted two Perda on tourism, requiring permits for hotels and other tourist sites and annual reports to the tourism agency Minahasa, 1995a, and impos- ing entrance fees for tourist sites Perda Minahasa No. 281995b. Minahasa also enacted a Perda in 1996 requiring a permit for operating a fish market Minahasa, 1996. In 1997, the Province prepared a plan for tourism, in which it reaffirmed that the primary tourist destina- tion is the area stretching from Manado to Wori, covering Bunaken National Park, Manado Bay and its reclamation area, and Tasik Ria beach Kanwil Deparpostel Suluwesi Utara, 1997. Part of Minahasa District comprises Bunaken National Marine Park. Bunaken National Ma- rine Park was formally established in 1991 MoF, 1991, and inaugurated by President Suharto in December 1992. The Ministry of Forestry, which has jurisdiction over all national parks both terrestrial and marine, has responsibility for management of the resources within the park boundaries, although the District is still responsible for administrative matters within its jurisdiction. The Ministry developed a 25-year management plan for the Park, completed in 1997, which was based primarily on a zoning scheme. The first law enacted by Minahasa under regional autonomy was a Perda relating to Fishing, Perda No. 12000, signed on June 19. That law provides for a series of fees for permits, licenses and maps required by fishing vessels operating within the district waters. It does not actually regulate fishing activities, but merely establishes the fee structure for documents, which was authorized by Regulation No. 201997. 6 Another law enacted by Minahasa, Perda No. 62000, provided for village governance con- sistent with Act No. 221999, specifically authorizing the development and enactment of village ordinances and the establishment of a village representative body, or Badan Perwakilan Desa BPD.