Formal Monitoring and Law Enforcement

community-based marine protected areas MPA can only work in a fisher community where there exist both community and institutional capacity, like in Belize. However, it will not work in a situation where only community or institutional capacity exists Table 50. Table 50 Comparative policy analysis of community and institutional capacity Institutional capacity Community capacity Strong Weak Strong Northern Belize Caribbean: Fishers have high social capital and institutional capital. Fishers formed the Northern fishery cooperative in 1960. Government is supportive of cooperatives. Source: Sutherland 1986, King 1997, Mascia 2000. Fiji: Strong traditional fisheries management. Limited input or support from government. Source: Veitayaki 1998, Cooke et al. 2000, World Bank 2000. Weak Turks and Caicos Islands: Community capacity is low. Limited effective enforcement of top-down rules and low compliance. Government fisheries management of total allowable catch, size limits, seasonal closures, etc. Source: Bene and Tewfik 2001, Rudd et al. 2001. Kenya: Traditional fisheries management systems are eroded. Limited resource of government. Low trust between fishers and government. Results in: widespread destructive fishing, rent dissipation, ecological degradation. Source: McClanahan et al. 1997. Source: Rudd 2001.

7.2 Formal Monitoring and Law Enforcement

Rules to protect and maintain the sustainability of marine resource have been promoted by the government, including the prohibition of fishing using destructive tools that is part of compliance towards rules on illegal, unreported and unregulated fishing IUU. Rules enforcement at sea is the responsibility of fisheries, marine police, and navy office that issue fishery license and make patrol at the sea. The enforcement extends from national, provincial to district level Table 51. Different institutional arrangements across study islands have also impacted in different monitoring and surveillance. Rajuni Besar and Tarupa are situated in Taka Bonerate Atoll that was assigned as a national marine park since 1992. Similarly, Kapoposang was designated as a national tourism park since 1996. They are different from Barrang Caddi that is not assigned by any national institutional arrangements. Additionally, the approach of external assistance in these islands had been not similar. The project’s external assistance in Taka Bonerate MNP included the implementation of Monitoring, Controlling and Surveillance MCS. Table 51 Stakeholder analysis in coastal monitoring and management Frequency of Monitoring Highest authority Stakeholders Level Interests Marine National Park Rajuni, Tarupa Tourism Marine Park Kapoposang Barrang Caddi Central govt BKSDA and BTNTB National Conservation 12-18 days per month 1-2 times per year NA Regional govt Regional government Provincial, municipal district Development and conservation Rare visit Rare visit Rare visit Regional govt Fisheries and Marine Office Provincial, municipal district Development and conservation Rare patrol Rare patrol Rare patrol Police, Military Water police, Navy, Police Provincial, municipal district Law enforcement Rare patrol 1-2 times per year Police, Military Binsa, binmas Village Law enforcement Live-in Live-in Live-in Donor External project assistance Village and municipal district Conservation and development 12 days per month NA NA Note: Refers to policy discourses and objectives, namely 1 conservation, 2 develop- mentalist economic performance, and 3 eco-populist social justice Charles 1992; Wittmer and Birner 2005. Formal Coastal Property Regime During New Order era, the institutional arrangements towards ocean and its resources were taken by a top-down approach, through state authorities. The Indonesian government asserts that marine areas must be nationally owned Satria and Matsuda 2004; thus rules enforcement at sea is the responsibility of fisheries, marine policy, and navy office that issue fishery license and make patrol at the sea. Furthermore, government promotes that coastal and marine resources is a common property. The common property regime means that marine is quasi open access. Any Indonesian fisher who has a license for catching fish can fish anywhere within the Indonesian waters. This policy is shown in the Minister of Agriculture decree No. 6071976 on zoning for capture fisheries. According to this decree, there are four zones in which restrictions for particular fishing vessels are determined, as shown by Table 52. After the Reform era of 1999, the national government issued basic legal framework for the decentralization is the enactment of Act No. 221999 on the Local Government, which also called as the Local Autonomy Law. However, with this reform era, the decentralization of marine and fisheries sectors has been widely promoted to correct what practiced in the New Order ibid. Table 52 Zoning system for capture fisheries Zones Coverage Rules Zone I 0–3 miles Restricted to fishing vessels of more than 5 GT or 10 horsepower Zone II 3–7 miles Restricted to fishing vessels of more than 25 GT or 50 horsepower Zone III 7–12 miles Restricted to fishing vessels of more than 100 GT or 200 horsepower Zone IV 12–200 miles Restricted to pair trawl except in Indian Ocean Note: Satria and Matsuda 2004, based on the Minister of Agriculture Decree No. 607 1976. The provincial government of South Sulawesi and its municipal district government as well as fishers have agreed that quasi open access is the acceptable option for marine management throughout the province. This is due to the fact that local fishers originating from any municipal district have been utilizing resources crossing to other municipal district authorities. Their fish activities are migratory in nature, based on seasonal calendars Satria et al. 2002. Nevertheless, municipal district government and local fishers still recognize the entry of outside fishers as long as they comply to particular rules. First, their fishing vessels and tools are compatible or have lower technology than those that utilized by local fishers. Second, their fishing gears are not prohibited as propagated by formal regulations ibid. Monitoring in Marine National Park: Taka Bonerate Park rangers are stationed at the atoll to enforce existing national park regulations. These regulations include enforcement of protected species regulation of flora and fauna. The ranger’s presence is vital to helping Taka Bonerate residents understand the role of the park in providing for sustainable resource use Alder and Christanty 1998. As a marine national park, Ministry of Forestry places an institution to protect the area, namely the Management Authority of Taka Bonerate Marine National Park BTNTB. Three park rangers are assigned and resided in 8 islands, out of which 7 area inhabited islands. Their mission is to monitor their area for 12-18 days per month. They are facilitated by speedboats, communication device and armaments. Between 2002 and 2003, Coremap program established a system of Monitoring, Controlling and Surveillance MCS. The MCS consisted of various institutions responsible for law enforcement. A commitment was built in 2002 between head of the Selayar Regency and other government institutions at the regency level to monitor the marine resource use LP3M 2002b. The structure of the system consisted of reef watcher, park rangers, and a joint patrol Figure 26. The facilities of MCS, speedboats, boats, communication device and operational costs were facilitated by Coremap. Figure 26 MCS System at Taka Bonerate MNP between 2002-2003. In addition to regular patrols by reef watchers and park rangers, an MCS joint patrol was carried out regularly once per month in Taka Bonerate MNP. This joint patrol incorporated officials from army, police, water police, park rangers, and head of sub-district and village chiefs. This operation was aimed at capturing perpetrators and carrying out judiciary process in place. However, these objectives were rarely attainable, but in any case, a joint patrol contributed to prevent incidents of destructive fishing. Violators were punished with graduated sanctions. When perpetrators were captured but the evidence were not sufficient for further process of law enforcement, the violators were warned and enforced making a declaration to stop illegal practice MCS 2003a, 2003b. Further, violators might also experience a temporary detention at the district capital. Likewise, with the presence of evidence, judiciary enforcement was carried out. Joint patrol multi-stakeholders, 1 ship Park rangers 29 park rangers, 4 speedboats Reef watchers 16 reef watchers, 8 boats Patrol once per month. Patrol 12-18 days per month. To capture perpetrators informed by reef watchers. Patrol 12 days per month. To report to park rangers on destructive fishing. Monitoring in Tourism Marine Park: Kapoposang The marine area and some islands including Kapoposang island have been determined as a Tourism National Park since 1996. Even though zonation had been determined on the park management plan, no boundaries and mooring buoys were ever existed KCC 2003. The management and monitoring of Kapoposang TMP is under the responsibility of the Natural Resource Conservation Agency BKSDA, headquartered in Makassar. Regular patrols are supposedly carried out by two park rangers who assigned in the area. However, patrol by BKSDA in Kapoposang TMP was only done when it is budgeted, and it is conducted only a few times per year. Furthermore, to assist the duty of park rangers in performing daily monitoring, BKSDA appointed two park ranger assistants, who were prominent leaders of the island. They received remuneration for their assignment. Apart from park rangers, sea patrols in Spermonde Archipelago that include marine area of Kapoposang TMP and Barrang Caddi Island were conducted by navy and water police, which performed a joint patrol once per year. Water police performs regular monitoring four times per year. In addition to formal monitoring, irregular presence of the tourists has given a positive effect to lessen destructive fishing. Destructive fishers have been afraid of tourists to witness their practices. Monitoring in Barrang Caddi Different from above cases, sea patrols in Barrang Caddi islands relied on law enforcement officers beside park rangers. Patrols carried out by law enforcement officers were not regular. They once intensified for some months, but then lessened. The patrol escalation was influenced by political pressures from municipal or provincial government to bolster law enforcement or conservation policy. Due to its close proximity to the capital city of Makassar, this island has regularly been visited by fishery officers, who monitor the fishing license of the fishers. During the visits, fishing traders and patrons who support blast and poison practices eventually gave bribes to them.

7.3 Institutional Analysis of Formal Law Enforcement