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Marine Policy 100 (2019) 238–248

Contents lists available at ScienceDirect

Marine Policy
journal homepage: www.elsevier.com/locate/marpol

Developing a functional definition of small-scale fisheries in support of T


marine capture fisheries management in Indonesia

Abdul Halima, , Budy Wiryawana, Neil R. Loneraganb,c,d, Adrian Hordykb,c,e, M. Fedi A. Sonditaa,
Alan T. Whitef, Sonny Koeshendrajanag, Toni Ruchimatg, Robert S. Pomeroyh, Christiana Yunif
a
Department of Fishery Resources Utilization, Faculty of Fisheries and Marine Sciences, Bogor Agricultural University, Bogor, Indonesia
b
School of Veterinary and Life Sciences, Murdoch University, Murdoch, Western Australia 6150, Australia
c
Centre for Sustainable Aquatic Ecosystems, Murdoch University, Murdoch, Western Australia 6150, Australia
d
Asia Research Centre, Murdoch University, Murdoch, Western Australia 6150, Australia
e
Institute for the Oceans and Fisheries, University of British Columbia, Vancouver, Canada
f
USAID-Funded Sustainable Ecosystems Advanced (SEA) Project, Jakarta, Indonesia
g
Agency for Research and Human Resources of Marine Affairs and Fisheries, Ministry of Marine Affairs and Fisheries, Jakarta, Indonesia
h
Department of Agriculture and Resource Economics, University of Connecticut, Groton, CT 06340, USA

A B S T R A C T

Small-scale capture fisheries have a very important place globally, but unfortunately are still mostly unregulated. Typically, they are defined based on capture
fisheries characteristics, technical attributes of fishing vessels, and socio-economic attributes of fishers. Indonesia uses the term ‘small-scale fisher’ (nelayan kecil),
currently defined to include fishing boats of < 10 gross tons (GT), which previously covered only boats of < 5 GT. Because small-scale fishers are by law granted a
privilege by government to be exempted from fisheries management measures (e.g. fisheries licensing system), its current definition jeopardizes fisheries sustain-
ability and significantly increases the size of unregulated and unreported fisheries. It is also unfair, as it legitimizes the payment of government support to relatively
well-off fishers. This paper aims to develop a functional definition of small-scale fisheries (perikanan skala kecil) to guide policy implementation to improve capture
fisheries management in Indonesia. A definition of small-scale fisheries is proposed as a fisheries operation, managed at the household level, fishing with or without a
fishing boat of < 5 GT, and using fishing gear that is operated by manpower alone. This definition combines attributes of the fishing vessel (GT), the fishing gear
(mechanization), and the unit of business decision making (household) to minimize unregulated and unreported fishing and focus government aid on people who are
truly poor and vulnerable to social and economic shocks. The terms small-scale fisheries and small-scale fishers must be legally differentiated as the former relates to
fisheries management and the latter relates to empowerment of marginalized fishers.

1. Introduction between countries, e.g. from gleaning or a one man canoe in poor developing
countries, to more than 20-m. trawlers, seiners, or long-liners in developed
Small-scale fisheries provide livelihood and food security for mil- ones. Artisanal fisheries can be subsistence or commercial fisheries, pro-
lions of small-scale fishers and local communities around the world viding for local consumption or export” [6], Annex 5: Glossary. Definitions
[1,2]. Reconstructed marine fish catch data from 1950 to 2013 in often vary from one jurisdiction to another, so that small-scale fisheries
southeast Asia, indicated that up until 2000, small-scale fisheries pro- in one country might be considered large-scale in other country [7].
duced a greater proportion of fish used for human consumption than The description of small-scale fisheries is also challenging because of
industrial fisheries [3]. The term small-scale fisheries has been used to the use of different attributes to describe them [8] and the inter-
characterize a sub-sector in fisheries to differentiate it from medium- changeable use of terms, such as small-scale fisher and small-scale
and large-scale fisheries. Because of the great diversity in small-scale fisheries, subsistence and traditional.
fisheries around the world, it is difficult to develop a definition that is Small-scale fisheries in Indonesia are currently not regulated and
universally accepted [4,5]. The FAO has defined small-scale or artisanal are exempt from the existing fisheries management instruments – they
fisheries as “traditional fisheries involving fishing households (as opposed to are: free from fishing licenses, known as Surat Izin Penangkapan Ikan/
commercial companies), using relatively small amount of capital and energy, SIPI (fishing license) (Article 27 (5) Fisheries Law No. 45/2009) and
relatively small fishing vessels (if any), making short fishing trips, close to Surat Izin Kapal Pengangkut Ikan/SIKPI (fishing vessel license) (Article
shore, mainly for local consumption. In practice, the definition varies 28 (4) Fisheries Law No. 45/2009); free to conduct fishing operations in


Corresponding author.
E-mail address: halimabdul1213@gmail.com (A. Halim).

https://doi.org/10.1016/j.marpol.2018.11.044
Received 23 April 2018; Received in revised form 21 November 2018; Accepted 30 November 2018
Available online 07 December 2018
0308-597X/ © 2018 Elsevier Ltd. All rights reserved.
A. Halim et al. Marine Policy 100 (2019) 238–248

Table 1
History of laws and amendments that include the definition of small-scale fishers in Indonesian.
No. Law Evolvement of small-scale fishers definition

1 Law No. 9/1985 concerning Fisheries – The term small-scale fisher mentioned in the legal consideration section but not specifically defined
under Article 1 that describes various terminologies used in the law.
– The term small-scale fisher appears only at the explanation section of the law defined as a “person who
catches fish to meet his/her daily needs”.
– The term fisher was defined as “a person whose livelihood is to catch fish”.
2 Law No. 31/2004 concerning Fisheries – The term small-scale fisher is not mentioned in the legal consideration section
– The term small-scale fisher was stated under Article 1 and defined as a “person whose livelihood is to
catch fish to meet his/her daily needs”.
– The term fisher was defined as a “person whose livelihood is to catch fish”.
3 Law No. 45/2009 concerning Amendment of Law No. 31/2004 – The term small-scale fisher was stated under Article 1 and defined as a “person whose livelihood is to
concerning Fisheries conduct fish catching to meet his/her daily needs using a fishing boat of at the largest 5 (five) GT”.
4 Law No. 23/2014 concerning Local Government – The term small-scale fisher was stated under the explanatory section of Article 27 (5) and defined as
“Indonesia's traditional community fisher who utilizes traditional materials and fishing gear and who
is not subject to requirement of business license, exempted from tax, and unrestricted to fish in all
parts of Fisheries Management Areas of the Republic of Indonesia”.
5 Law No. 7/2016 concerning Protection and Empowerment of – The term small-scale fisher was stated under Article 1 and defined as “a fisher who conducts fish
Fishers, Fish Farmers and Salt Farmers catching to meet his/her daily needs operating without or with a fishing boat at the largest 10 (ten)
GT”.

all Fisheries Management Areas (Article 61 (1) Fisheries Law No. 31/ of this new definition is to guide the implementation of fisheries
2004); and obliged to register their vessel but do not pay a fee (Article management policies to achieve fisheries sustainability and to ensure
61 (5) Fisheries Law No. 31/2004). Small-scale fishers are generally targeted government support and protection programs for the truly
perceived by government as group of people who are poor, margin- impoverished and disempowered. The development of the definition
alized and vulnerable to social and economic shocks, and therefore has been conducted through an analysis of existing information in the
need some level of social and economic support and protection. The literature and targeted interviews with experts to obtain their opinions
government of Indonesia is obliged by the Constitution to provide and perceptions on matters pertaining to small-scale fishers and fish-
support and protection to people who are poor and incapable of eries in Indonesia.
meeting their day-to-day basic needs, mandated by Article 34 (2) of the
Basic Constitution. It is therefore necessary and important to have a 2. Methods
clear, suitable, and functional definition of small-scale fisheries to en-
sure both sustainable fisheries management and effective government A combination of different qualitative research methods were ap-
support and protection programs for fishers. plied to assess the current definition and develop a new definition for
Indonesia has been using the term small-scale fisher (nelayan kecil), small-scale fisher (nelayan kecil), including: (a) legal content analysis,
rather than small-scale fisheries (perikanan skala kecil) to describe the (b) literature review, and (c) triangulation through expert group dis-
category (scale) of its capture fisheries. The most recent law that defines cussions. The development of the term ‘small-scale fisher’ and the
small-scale fisher is Law No. 7/2016 concerning Protection and construction of the legal definition of small-scale fishers, including
Empowerment of Fisher, Fish Farmer and Salt Farmer (Table 1). It is explicit considerations used to define the term, were investigated from
defined as “a fisher who conducts fish catching to meet his/her daily needs an examination of the historical implementation of the relevant laws.
without or with a fishing boat measuring < 10 (ten) gross tonnage (GT)”. As the term small-scale fisher applies not only to fisheries (i.e. person
This new definition revised the earlier definition of small-scale fisher involved in fishing activities) but is also closely linked to social devel-
that limited the size of the small-scale fishing boat to < 5 GT (“a fisher opment programs (i.e. identifying people who have a need for gov-
who conducts fish catching to meet his/her daily needs without or with a ernment support and empowerment programs), it was anticipated that
fishing boat measuring less than 5 (five) gross tonnage (GT)”). the term would also be found in the legal documents (laws) other than
The measure of gross tonnage that is used to classify fishing vessels those relating to fisheries. The definition and main criteria of small-
and define whether they are small-scale (i.e. now < 10 GT), though scale fishers should therefore take into account the aspects of: fairness,
important, is unlikely to be sufficient, nor appropriate, as a differ- functionality to support sustainable fisheries management, and align-
entiating attribute for fisheries governance and management purposes. ment with both national and international laws and regulations. The
Typically, the people who own boats between 5 and 10 GT are not the results of the legal content analysis were then compared and contrasted
poor and marginalized individuals intended in the law providing social with information from the literature on small-scale fisheries from
benefits and relative privilege (e.g., exempted from fishing licensing, Indonesia and elsewhere around the world. From a synthesis of these
fishing vessel licensing and fishing vessel registration fees to larger analyses, a new definition of small-scale fishers, suitable for the context
scale fisheries) to this sector. That definition potentially mis- of Indonesian fisheries, is proposed. This concept was examined and
characterizes the true weak communities (i.e. small-scale fishers) who refined further through a series of expert group discussions and con-
are most vulnerable to social and economic shocks, as intended under sultations involving government, parliament, academia, non-govern-
the Constitution. Consideration of what defines small-scale fishers and ment organizations (NGOs) and practitioners.
small-scale fisheries is particularly important in Indonesia, as the
Ministry for Marine Affairs and Fisheries (MMAF) has reported a sig-
3. Results and discussion
nificant increase of outboard and inboard fishing vessels < 5 GT – re-
garded as small-scale, every year since the 1970s until 2014 (Fig. 1). As
3.1. Importance of small-scale marine capture fisheries
this definition does not regulate the type of fishing gears used, a fishing
vessel of this size is able to carry mechanized fishing gear to increase
3.1.1. The extent of small-scale fisheries
their catch. This paper explores the nature of small-scale fisheries in
Approximately 90% of the 38 million fishers globally are categor-
Indonesia and documents the history of laws governing them to propose
ized as small-scale and an additional more than 100 million people are
a functional definition of small-scale fisheries in Indonesia. The purpose
involved in the small-scale, post-harvest sector [9]. Indonesia's fisheries

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A. Halim et al. Marine Policy 100 (2019) 238–248

Fig. 1. Development of Indonesia fishing fleet period


1975–2014. Data for the period of 2004–2014 were ob-
tained from the Indonesian Capture Fisheries Statistics
series published regularly by Ministry of Marine Affairs
and Fisheries MMAF [10], which is also available at:
http://statistik.kkp.go.id/sidatik-dev/index.php?s = 3.
Data for the period of 1975–2003 were obtained from
Peter Mous of The Nature Conservancy, who compiled the
information from the earlier official Capture Fisheries
Statistics of Indonesia.

statistics reported that in 2014, more than 2 million people were en- throughout Indonesia. In these places, significant quantities of fish are
gaged in small-scale fisheries, more than five times the 360,000 people caught by those who do not identify themselves as fishers (e.g. farmers,
reported to be engaged in medium- and large-scale fisheries combined traders, etc.) and fish seasonally or occasionally, and these catches are
[10]. In the early 1970s, the Indonesian fishing fleet was predominantly not reported in the fisheries statistics. A significant proportion of these
non-motorized boats (small-scale), with only relatively few fishing catches are sold at domestic markets, as well as for household con-
vessels powered by outboard and inboard engines (Fig. 1). Four decades sumption [12], and are therefore important for food security to meet
later, along with the fishing fleet expansion, the Indonesian fishing fleet the nation's protein needs, with fish accounting for about 54% of In-
composition has changed significantly with the presence of large-scale donesia's animal protein consumption in 2009 [13].
fishing boats of 1000 GT (Fig. 1). Nonetheless, until 2010, the total In terms of fisheries management, however, small-scale fisheries
tonnage of fishing fleet of < 10 GT vessels was still slightly higher than have certain advantages over industrial fishing, such as considerably
that ≥ 10 GT, with the smaller vessels making up ~ 52% of the total lower levels of discarding [11]. For example, in central and eastern
fishing fleet (Fig. 1). Indonesia, the artisanal fishery discards less than 1% of the total catch
Industrial fishing with modern fishing fleets began in Indonesia in compared to about 18% of industrial fishing, especially trawl fishing.
the early 1960s. Since then, the total annual fish landings of industrial However, improved surveillance and enforcement since 1993 has re-
fishing have steadily increased so that in 1973, in central and eastern sulted in a significant reduction in discards from the industrial fisheries
Indonesia, they surpassed the total fish landed by artisanal, subsistence [14].
and recreational fisheries combined [11] (Fig. 2). Nevertheless, the
total combined landings of the artisanal, subsistence and recreational 3.1.2. Attributes of small-scale fisheries in Indonesia
fisheries are still relatively high. In 2010, for example, the re- Small-scale fisheries have diverse ecological, economic, and social
constructed fish landing data in central and eastern Indonesia showed attributes [15] and in Indonesia can be described by the following at-
that these artisanal, subsistence and recreational fisheries contributed tributes: (a) type of fishing gear and target species, (b) location of
to about one third of the total fish landings [11] (Fig. 2). This parallels fishing, (c) occupational diversity, (d) market orientation, (e) gender,
the findings for other countries in southeast Asia such as Cambodia, and (f) unit of business. Each of these attributes is briefly discussed
Malaysia, Thailand, and Vietnam [3]. It is likely that the quantity of fish below (see also Tables 2 and 3).
landed by small-scale fishers is still higher than that estimated from the
reconstructed data, especially that landed by fishers in remote islands a. Type of fishing gears and target species

Fig. 2. Reconstructed fisheries landings in central and eastern Indonesia by subsistence, artisanal, recreational and industrial sectors, 1950–2010 (Data taken from
Appendix A7, p.25 of Budimartono et al. [11]). Note that landings by subsistence and recreational fisheries are too small to appear in the graph.

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Table 2
The current description of small-scale and large/industrial-scale fisheries category in southeast Asian countries and source of description (modified from list of
references).
Country Small-scale fisheries Large/industrial-scale fisheries Reference

Indonesia Fishing with or without fishing boat of less than Fishing with boat of equal to or above 10 GT Law No. 7/2017 on Protection and
10 GT; fishing with boats relying on sail or Empowerment of Fishers, Fish Farmers and Salt
outboard engines for propulsion Farmers; Priyono and Sumiono [54]
Cambodia Family-scale fishing units, fishing up to depth of Boats < 30 m World Bank [57]; Teh and Pauly [3].
20 m; with engine less than 10 HP
Malaysia Fishing with traditional gears (hook-and-line, bag Deep-sea fishing vessels > 70 GT that operate Teh and Pauly [3].
net, trammel net, lift net, and traps) beyond 30 nautical miles from shore, and fishing with
commercial gears (trawl, purse-seine, driftnet, and gill net)
Thailand Boats < 5 GT that operate near shore, with Inboard powered boats < 5 GT Teh and Pauly [3]
inboard or outboard engines, or are non-powered
Vietnam Near-shore fisheries “Offshore” boats with engines < 90 hp Teh and Pauly [3]
Philippines Boat < 3 GT; operating in coastal area < 15 km Commercial small-scale using vessels of 3.1–20 GT; The Philippine Fisheries Code of 1998, Section 4
from shore and under management of local commercial medium scale using vessels of 20.1–150 GT and (10); World Bank [57]
municipalities (municipal fishing). commercial large-scale using vessels of more than 150 GT.

Small-scale fisheries utilize a variety of fishing gear including both than 10 GT and are relatively unmechanized, with many people
passive and active fishing gears, operated with or without a fishing involved, for example with net handling done manually by a crew of
boat, to target different kinds of fish species covering diverse habi- about 10–12 men [18].
tats – pelagic, demersal, reefs. For example, fixed gillnets, hand In Saleh Bay of Sumbawa Island, West Nusa Tenggara Province
lines, lift nets, outboard gillnet and seine nets are used by small- (Fig. 3), small-scale fisheries utilize different fishing gears: spear
scale fishers to catch more than fifty (50) different pelagic species, guns, boat lift nets, gill nets (e.g.: drift gillnet, three-layer gillnet,
with some considered commercially valuable such as frigate tuna encircling gillnet, and set gillnet), purse seine, beach seine, hook
(Auxis thazard), hairtail (Trichiurus spp.) and ponyfish (Leiognathus and line (e.g.: pole and line, kite line, troll line, hand line, bottom
spp.), in Pelabuhan Ratu, West Java province (Fig. 3, [16]). The long line, drift long line, and tuna long line) and traps, to fish for
decision to use certain fishing gear is determined mainly by seasonal more than seventy (70) different species, including high value spe-
variability and the abundance of target species [16]. Often different cies such as grouper and snapper [19,20]. Different species of
gears, such as lift nets and fixed gillnets, are deployed at the same grouper, including coral trout (Plectropomus spp), lyretail grouper
time to target the same sardine fish species (Sardinella gibbosa) [16], (Variola spp.) and seabass (Epinephelus spp.), and red snapper (Lut-
which exacerbates the pressure on the fish resources. Small-scale janus spp.) were reported landed by spear guns, boat lift nets, traps,
fisheries were also reported to engage in lucrative large pelagic tuna set gillnets, troll lines, hand lines, and bottom long lines fisheries
fisheries for mainly yellowfin tuna (Thunnus albacares) and skipjack [19,20].
(Katsuwonus pelamis) using hand-lines, as in Buru Island of Maluku b. Location of fishing and landing places
province [17]. A small-scale purse seine fishery operating around The fishing grounds of small-scale fishers are mainly around coral
Rote Island of East Nusa Tenggara targets small pelagics, mainly reefs and other associated near-shore fish habitats scattered along
Indian mackerel (Rastrelliger spp.), herring (Herklotsichthys spp.), the coast throughout Indonesia. In Sumbawa Island of West Nusa
sardines (Sardinella spp.), and small tunas of the family Scombridae Tenggara Province, a group of small-scale troll line fishers were
(e.g. Auxis thazard) [18]. These fisheries are classified as small-scale observed fishing up to six days at reefs areas around Saleh Bay,
even though some vessels are 15 m long. However, they weigh less before returning back in time for them to perform Friday prayers at

Table 3
List of potential attributes that differentiate small-scale fisheries from other fisheries categories in Indonesia, as proposed by the expert groups during the workshop
held in Jakarta in November 2017.
Criteria Attributes Description

Fairness Fishing motives Subsistence fisheries (this includes activity to sell the catch to meet daily needs – so
long as it is not used to accumulate capital)
Functionality; measured against: (a) licensing system, (b) Nature of livelihood (fishing) Whether main or secondary job (time dedicated to fishing)
access to fishing grounds, and (c) catch reporting
Enforceability and serviceability Location/area of fishing Maximum 12 nautical miles (defined in accordance with the authority of local
government under Law No. 23/2014 on Local Government)
Align with national and international regulations Licensing (registration) – All fishers are subject to licensing system. License is not equal retribution fees
(fisheries tax) but as a controlling mechanism.
– Small-scale fisheries are exempted from paying fisheries tax (retribution).
– Need to recognize specificity of fisheries such as: traditional fisheries with
historical relationship with resources, nomadic fishers who follow movement of
fish school, etc.
– License functions similar to car registration (required equally for all type of cars).
Catch recording All categories of fishery and fisher must record their catch. Government could
provide incentives to increase compliance with recording catches.
Location/area of catch being Limit of area/territorial boundaries where the sale of catch (markets) taking place.
sold (markets)
Fishing fleet (boats) Physical measures of boats (could be GT of less than 5 GT) for easy regulation
enforcement in the sea.
Number of boat crews Boat crews are family members of a maximum of 3 people
Fleet (boats) ownership One owner could have a single boat < 5 GT or multiple boats that are
cumulatively less than 5 GT

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Fig. 3. Map of Indonesia that shows locations of small-scale fisheries mentioned in the text.

their village. However, there are small-scale fishers in Indonesia which makes the recording of catch statistics very challenging and
who sail far away from the coast for several weeks, such as those contributes to the unreported landings in Indonesia and the region
who collect sea cucumber in the Timor Sea bordering Indonesia and [3].
Australia, known as MOU Box area [21] and shark fishers on the Indonesia recognizes traditional fishers belonging to adat (tradi-
island of Rote in east Nusa Tenggara and Osi in Maluku [22,23] tional) communities fishing in their marine/coastal tenured areas,
(Fig. 3). Although the MOU fishers are now using advanced tech- especially along the coasts of Maluku Province and West Papua
nology, such as Global Positioning System (GPS) receivers, they Province. Customary laws/norms to regulate the utilization of
remain classed as small-scale, as they use only sail powered fishing marine resources such as sasi are applied within these tenurial areas
vessels to reach their fishing grounds and use non-motorized fishing by the adat communities to regulate the harvest of commercially
equipment, such as hand collection and free diving. These restric- valuable species such as sea cucumber (Holothuroidea) and top shell
tions on vessel power and fishing equipment are preconditions for (Tectus [=Trochus] niloticus) [26]. Unless permission is given by the
fishing by Indonesian fishers in the MOU Box [21]. head of the adat community, outside fishers who do not belong to
In Indonesia, it is also common to observe small-scale fishers mi- the community are not allowed to fish within the tenurial areas.
grating from one island for periods of several months to follow the Fishing using poisonous plants and chemicals, explosives, and small
seasonal migration of the target species. Bailey et al., [24] reported mesh lift-nets is prohibited under both government and adat reg-
that fishers from Buton Island of Southeast Sulawesi Province, mi- ulations [26]. Compressor diving, especially in West Papua Pro-
grated to Raja Ampat of West Papua Province (Fig. 3) and stay in vince, has now replaced the previous free diving used as a common
temporary camps for four to five months to fish for anchovy (Sto- fishing technique to harvest top shell and sea cucumber [27]. In
lephorus spp.). This so-called anchovy lantern fishery is quite prof- addition, traditional communities, known as the boat-dwelling
itable as it generates an average income of US $ 1835 per fisher per Bajau people, live entirely sea-based lives – they are born, grow up,
year, twice the average income of local fishers in the area [24]. marry and die on the sea – and specialize in fishing and other sea-
Duggan and Kochen [17] reported migrations of tuna fishers from oriented activities as their way of life [28]. These people are scat-
Central Sulawesi to Maluku at certain times of the year following the tered mainly along the coasts of Kalimantan and Sulawesi.
tuna migration. Adhuri et al., [25] also observed the migration of c. Occupational diversity
purse seine fishers from Waworada Bay of Bima district to Sanggar Indonesia formally recognizes the categories of full-time and part-
Bay of Dompu district within the same island of Sumbawa, (Fig. 3) time fishers in its fisheries statistics, with the part-time category
staying for one to two months to follow the migration of their small, subdivided into part-time major and part-time minor. In 2011, more
pelagic target fish species. In short, fishing locations of small-scale than half of the 2.3 million Indonesian marine fishers were classified
fishers are observed to switch between different islands, provinces as part-time fishers and resided mostly along the coasts of Sulawesi,
and places within the same island, to follow their target species. Maluku and West Papua [29]. As argued by Allison and Ellis [30],
Small-scale fishers landed their catch predominantly at small part-time fishing has been the historical norm globally and full-time
wooden jetties or directly on the beaches along the coastal villages professional fishers are mainly the product of the 20th century in-
throughout Indonesia where no fisheries authorities are present, dustrial fishing culture.

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In general, small-scale fishers are vulnerable as they have high ex- predominantly involved in fish harvesting and women mainly en-
posure to risks, shocks, stress, and are prone to food insecurity [30]. gage in post-harvesting activities including fish processing and
The threats to the small-scale fishing occupation comes from ex- selling fish at local and distant markets. It is also common to observe
ternal sources, such as the risks from extreme weather, natural men, women and children in reef gleaning and seaweed culture
disaster and market failures and internal sources, such as access to along the coastline of the islands scattered throughout the eastern
food stores, and support from kin or community or government part of Indonesia, such as Sulawesi, Maluku, Bali and Nusa Tenggara
support programs [30]. To cope with their vulnerability, small-scale [33,41,42]. Although the contributions of women engaging in
fishers in the provinces of North Sulawesi and Eastern Java also fishing and seaweed culture in Indonesia has not been quantified,
engage in farming, trading, and construction [31,32]. In addition, in their contributions to household income from working in post-har-
Pantar Island, East Nusa Tenggara Province, the family members, vest, especially fish processing is substantial. Women working as fish
including mothers and children, are involved in activities such as processors to produce dried fish, fish crackers, fish meat balls make
reef gleaning and post-harvest to bring additional income for the a significant contribution to household incomes; estimated to be
family [33]. 39.5% in Bangka Belitung province, [43] and 31.3% in Pangan-
d. Market orientation of catch daran, West Java Province [44] of the total household income.
The markets for fish landed by small-scale fishers are diverse, ran- f. Unit of business
ging from self-consumption, local, national and export markets.
Small-scale tuna, grouper, and snapper fisheries are mainly aimed at The business unit, in the sense of decision-making processes of
national and export markets [17,19,20,34] as these species are in small-scale fisheries, takes place at the household level. In many in-
high demand nationally and globally. Grouper, such as coral trout stances, small-scale fishers form fisher groups or cooperatives where
(Plectropomus spp.) and mouse grouper (Cromileptes altivelis) and fishing-related decisions are made mutually by the group members
napoleon wrasse (Cheilinus undulates), are lucrative commodities following the norms applied in their groups. Members of the small-scale
also traded live in the so-called Life Reef Food Fish Trade (LRFFT) fisher's household, especially the husband and wife, jointly make de-
markets centered in China and Hong Kong, with a total estimated cisions on various aspect of their life. The decision making related to
LRFFT market value of almost US $1 billion per year [35]. Indonesia income generating activities (fishing and non-fishing) and the extent
is the major exporting country for live grouper and snapper, sup- and scale of spending on these activities are made predominantly by
plying these markets along with the Philippines, Malaysia and men [45,46]. Women usually make the decisions on social-community
Australia [34,36]. related activities, especially participation at religious activities and
It seems logical that small-scale fishers targeting species with high social gathering (arisan) [46]. Men and women share decision making
international demand, such as tuna and grouper, orient their catch responsibilities on domestic activities, with men being more dominant
for international markets as they could earn higher income. An in decisions on education and women in decisions on household food
anecdotal story from grouper troll line fishers in Saleh Bay of and health related expenses [46–48].
Sumbawa Island, interviewed in August 2017, said that ‘local people The fishers’ decision-making process in fishing activities considers
here do not eat grouper and snapper as they feel too luxurious to eat information on resource availability and income generated from their
them’ [20]. In 2015, the price of frozen coral trout (Plectropomus previous trips [49]. In multi-species fisheries, this information informs
leopardus) intended for the export market from the first buyer in decisions to shift or select a new fisheries target. The decision of small-
Sumbawa Island ranged widely from 95.000 to 385.000 Indonesian scale fishers in Pelabuhan Ratu, West Java, to shift fishing gears is
Rupiah per kilogram (≈ US $7 to $27.50), depending on size and determined by the climate and seasonal variability (mainly the abun-
quality (Wiryawan, Bogor Agricultural University, unpublished dance) of their target species [16]. In May-October, fishers use seine
data). However, small-scale fishers often have poor post-harvest netting to catch frigate tuna (A. thazard), and increase their fishing trips
handling techniques and lack access to basic facilities such as good to maximize their revenues. By the time this season ends, fishers shift to
cold storage to maximize the value of their catch. In addition, recent hand lines to catch hairtail (Trichiurus spp.) [16].
pressure to improve traceability in fish products could hamper ac-
cess to markets for small-scale fishers who lack mechanisms to re- 3.2. Evolution of the definition of small-scale fishers in Indonesia's fisheries
liably report their catch. and other related laws
There are also small-scale fishers who supply local and national
markets, such as those targeting small pelagic fish around Sumbawa Small-scale fishers and fisheries have been identified explicitly in
Island of West Nusa Tenggara province [25]. These fishers usually laws relevant to Indonesian fisheries since 1985, when the first Law No.
collaborate with specific fish traders within the fisheries supply 9/1985 concerning Fisheries recognized that fisheries management
chain who specialize in marketing fish at local markets [25]. Though should prioritize job expansion and improve the living conditions of
no data/information are available on the number of small-scale small-scale fishers and fish farmers, as well as ensure the sustainable
fishers targeting domestic markets, a substantial proportion would exploitation of fisheries resources. Although the term small-scale fisher
not be able to meet the stringent quality standards required by fish was included in this legal consideration, it was not defined clearly –
export markets and therefore supply mainly local and national e.g., Article 1 of Law No. 9/1985 concerning fisheries defines various
markets, as well as domestic fish processing industries. terminologies used in the law, but does not define small-scale fisher,
e. Gender only fisher “orang yang mata pencahariannya melakukan penangkapan
Small-scale fisheries around the world involve both men and women ikan” (“a person whose livelihood is to catch fish”) (Table 1). However,
[37,38] who have different knowledge on marine resources, which in the explanatory section of the law (Penjelasan Undang-Undang) for
defines their different places to fish [39]. For example, in the Phi- Articles 10 (2) and 11(2), the term small-scale fisher appears and is
lippines women are knowledgeable about resources in the intertidal defined as “orang yang usahanya merupakan pencaharian untuk memenuhi
zones, whereas men are familiar with resources in the coral reefs, as keperluan hidup sehari-hari” (“a person who catches fish to meet his/her
demonstrated by a statement from a female fisher “the intertidal daily needs”) (Table 1).
zone is for women, the coral reef is for men; Shells are for women, In 2004, the Law No. 9/1985 concerning Fisheries was replaced
fish are for men” [39]. The role of women in small-scale fisheries in with Law No. 31/2004 concerning Fisheries (Table 1). Although the
contributing to family income and food security is important, but term small-scale fisher was no longer found in the consideration section
often overlooked [33,37,38,40]. of the law, under Article 3, it is recognized as one of the goals of
In Indonesia, although women are involved in fishing [33], men are fisheries management “meningkatkan taraf hidup nelayan kecil dan

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pembudi daya ikan kecil” (“to improve the living condition of small-scale Interest group on 7 August 2017 in Bogor). Under Article 34 (2), the
fisher and fish farmers”). In this new law, a legal distinction between Government of Indonesia is obliged to empower the weak and helpless
fisher and small-scale fisher was introduced in Article 1: fisher was communities according to human dignity. This law is perceived,
defined as “orang yang mata pencahariannya melakukan penangkapan therefore, as a legal document to develop and guide the implementation
ikan” (“a person whose livelihood is to catch fish”), whereas small-scale of affirmative actions by the Government to support poor people.
fisher was defined as “orang yang mata pencahariannya melakukan pe- Law No. 7/2016 also provides a definition of fisher (nelayan) and
nangkapan ikan untuk memenuhi kebutuhan hidup sehari-hari” (“a person recognizes four (4) categories of fisher namely: (1) small fisher (nelayan
whose livelihood is to catch fish to meet his/her daily needs”) (Table 1). kecil), (2) traditional fisher (nelayan tradisional), (3) worker fisher (ne-
The Law No. 31/2004 concerning Fisheries also includes a specific layan buruh) and (4) owner fisher (nelayan pemilik). Fisher is defined as
section regarding the empowerment of small-scale fishers and fish “setiap orang yang mata pencahariannya melakukan penangkapan ikan”
farmers in Chapter 10 of Articles 60–64 (Table 1). This signified the (“person whose livelihood is catching fish”). Small fisher is defined as
importance of the matters to law makers at that time, especially for “nelayan yang melakukan penangkapan ikan untuk memenuhi kebutuhan
those fishers who depend on fishing for their living. Article 62, for hidup sehari-hari, baik yang tidak menggunakan kapal penangkap ikan
example, states that “Pemerintah menyediakan dan mengusahakan dana maupun yang menggunakan kapal penangkap ikan berukuran paling besar
untuk memberdayakan nelayan kecil dan pembudi daya-ikan kecil, baik 10 (sepuluh) gros ton (GT)” (“fisher who conducts fish catching to meet
dari sumber dalam negeri maupun sumber luar negeri, sesuai dengan ke- his/her daily needs operating without or with fishing boat of at the
tentuan peraturan perundang-undangan yang berlaku” (“government largest 10 (ten) GT”). Traditional fisher is defined as “nelayan yang
provides and makes an effort to provide funding to empower small melakukan penangkapan ikan di perairan yang merupakan hak perikanan
fishers and small fish farmers either from domestic or foreign sources in tradisional yang telah dimanfaatkan secara turun-temurun sesuai dengan
accordance with provisions of the existing laws”) (Table 1). This legal budaya dan kearifan lokal” (“fisher who conducts fish catching in the
article indicated that small-scale fishers might have been perceived by waters of traditional fishing areas with rights that have been utilized
the law makers as a group of people who are poor, powerless and from generation to generation in accordance with local culture and
vulnerable, therefore needing support from government in order to wisdom”). Worker fisher is defined as “nelayan yang menyediakan te-
improve their standard of living. naganya yang turut serta dalam usaha penangkapan ikan” (“fisher who
In 2009, the Law No. 31/2004 concerning Fisheries was amended provides his/her work to participate in fish catching activity”). Finally,
through Law No. 45/2009 (Table 1). The definition of small-scale fisher owner fisher is defined as “nelayan yang memiliki kapal penangkap ikan
was amended to include a vessel size as “orang yang mata pencahar- yang digunakan dalam usaha penangkapan ikan dan secara aktif mela-
iannya melakukan penangkapan ikan untuk memenuhi kebutuhan hidup kukan penangkapan ikan” (“fisher who owns a fishing boat used in fish
sehari-hari yang menggunakan kapal perikanan berukuran paling besar 5 catching activity and actively conducting fish catching”).
(lima) gross ton (GT)” (“person whose livelihood is to conduct fish Small-scale fisher has also been defined in the context of the divi-
catching to meet his/her daily needs using a fishing boat of at the sion of government authority over natural resource management as
largest 5 (five) GT”). There is no further explanation in the law about described in the Law No. 23/2014 concerning Local Government. This
the definition of small-scale fisher, except for one paragraph about the law grants authority to provincial governments to manage natural re-
intent of the new law to “stand by the side” of small-scale fishers and sources in the sea up to 12 nautical miles, measured from the coastline
fish farmers, and that they are exempt from the need for a fisheries outwards into the ocean. However, that authority does not apply for
license, installing a vessel monitoring system, and paying fishing fees. It fishing activities conducted by small-scale fishers as stated in the Article
creates a category of fishers under law who have no requirement for 27 (5), which is defined in the explanatory section as “nelayan ma-
reporting and regulation, thus potentially increasing the proportion of syarakat tradisional Indonesia yang menggunakan bahan dan alat pe-
fishing activities that are unregulated and unreported. nangkapan ikan secara tradisional, dan terhadapnya tidak dikenakan surat
In 2016, the Government of Indonesia enacted Law No. 7/2016 izin usaha dan bebas dari pajak, serta bebas menangkap ikan di seluruh
concerning the Protection and Empowerment of Fishers, Fish Farmers pengelolaan perikanan dalam wilayah Republik Indonesia” (“Indonesian's
and Salt Farmers (Table 1). This law introduces a new definition of traditional community fisher who utilizes traditional materials and
small-scale fisher that increases the size of vessel to < 10 GT “Nelayan fishing gear and who is not subject to requirement of business license,
yang melakukan penangkapan ikan untuk memenuhi kebutuhan hidup se- exempted from tax, and unrestricted to fish in all parts of Fisheries
hari-hari, baik yang tidak menggunakan kapal penangkap ikan maupun Management Areas of the Republic of Indonesia”). The responsible
yang menggunakan kapal penangkap ikan berukuran paling besar 10 (se- government agency to empower small-scale fisher lies within District/
puluh) gros ton (GT)” (“a fisher who conducts fish catching to meet his/ City government as depicted in the Appendix Y: Division of Affairs on
her daily needs operating without or with a fishing boat at the largest Marine and Fisheries; Sub-affairs: Capture Fisheries of Law No. 23/
10 (ten) GT”) (Table 1). In its legal consideration, the law states that the 2014 concerning Local Government.
government has responsibility, under the constitution, to achieve the
nation's goal of prosperity for the people, including the needs to protect 3.3. Defining small-scale fisheries for enhanced fisheries management
and empower fishers, fish farmers and salt farmers in a way that is well
planned, focused and continuous. Considering the privileges given to 3.3.1. Small-scale fisheries as it is defined in the literature and in southeast
small-scale fishers mentioned earlier, the result of this change in the Asian countries
law contributes to increasing significantly the cumulative number and A diverse range of definitions are found in the literature for small-
tonnage of ‘unregulated and unreported’ fishing vessels in Indonesia, scale fisheries based on characteristics such as: nature of production
from 917,115 GT to 1,278,240 GT in 2014 (Fig. 1). This contradicts the objectives (subsistence, artisanal or industrial), technological sophisti-
current policy and efforts of the Ministry of Marine Affairs and Fisheries cation of the fleet and fishing gear, fleet size and ownership structure,
to combat Illegal, Unreported, and Unregulated (IUU) fishing. This number of boat crew, community (historical) connections to resources,
2016 definition was driven by the intent of the law makers (legislative) seasonal migrations, operational ranges, and basis of operation (with or
for government (i.e. the Executive) to provide better protection and without fishing boats) [30,50–53]. The term small-scale fishery has also
empowerment for more fishers, especially small-scale fishers, and fish been used interchangeably with terms like: ‘artisanal’, ‘local’, ‘coastal’,
farmers and salt farmers, who are perceived to be poor, marginalized ‘traditional’, ‘small’, ‘subsistence’, ‘non-industrial’, ‘low-tech’, and ‘poor’
and vulnerable to social and economic shock, as mandated in the fishery [53]. In Indonesia, the academic definition of small-scale fish-
Constitution (pers. comm. with Mr. Herman Khaeron, member of eries and/or fishers has also been evolving since the mid-90s. According
Commission IV of Indonesian Parliament at a meeting with RBFM to Priyono and Sumiono [54], in the mid-90s the Government of

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operational ranges of fishing activities – small-scale fisheries operating


closer to home ports with more limited time at sea. In summary, dis-
tinctive attributes used to define small-scale fisheries appear to vary
from country to country (Table 2).
Countries within the southeast Asian region also have a diverse
range of definitions for small-scale fisheries based on three different
criteria which are (a) technical criteria, (b) fishing ground and man-
agement factors, and (c) conceptual (e.g. socio-economic) considera-
tions ([57], Table 2). Technical criteria, such as engine power and
vessel size, are used by Thailand and Cambodia; fishing ground and
management factors are used by the Philippines; and socio-economic
Fig. 4. Capture fishery characteristics in a “scale” of categories for marine considerations, combined with technical criteria, are used by Indonesia
capture fisheries along a continuum, highlighting the challenges of defining ([57], Table 2).
boundaries of capture fisheries scales (developed from description by Johnson
[55]). 3.3.2. Developing a functional definition of small-scale fisheries in
Indonesia
Indonesia defined small-scale fisheries as all fishing boats relying on sail The need to define small-scale fisheries becomes more evident as
or outboard engines for propulsion, whereas small-scale fishers were fisheries modernize, increase investment in fishing, and expand their
those who operated fixed or mobile fishing gears, regardless of their activities, for example by increasing the size of fishing boats, making
size, without the use of a boat. longer fishing trips and fishing further from the home port. The ex-
Most, if not all, publications on small-scale fisheries acknowledge pansion of fisheries modernization is a global phenomenon – even
the challenges of defining small-scale fisheries more precisely [8,50]. small-scale fishers are modernizing so that the previously defined small-
Defining the scale of small-scale fisheries is difficult as there are no scale fisheries may now include commercial operations. Johnson [55]
distinct boundaries of where they begin and end along the continuum of has argued eloquently that the power of defining the small-scale fish-
fisheries categories (Fig. 4). A synthesis of information in the literature eries category lies in explicitly recognizing the values of social justice
revealed that fisheries categorization – especially the small-scale cate- and ecological sustainability, an argument that is particularly pertinent
gory – is defined in two ways, namely based on a set of capture fisheries to small-scale fisheries in Indonesia. A functional definition of small-
characteristics [55] and specific (socio-economic and technical) attri- scale fisheries and small-scale fisher in Indonesia should be developed
butes, such as the nature of production, seasonal migration, fleet and to include these values.
technological sophistication [50,52,53,56], that differentiate small- Around the world, the small-scale fisheries category is generally
scale fisheries from other fisheries. understood from the perspective of the scale (measure) of operation or
Johnson [55] developed definitions of fisheries categories based on equipment (Table 2). In Indonesia, the present legal definition of small-
the social organization of the fishery and space and time characteristics scale fishers specifies a boat measurement (gross tonnage/GT) to define
of fishing operations (Fig. 4). His categories of social organization in- the fisheries category (Table 2). However, currently a person who owns
clude components for 1) socio-economic considerations e.g., the nature more than one fishing boat, with each vessel < 10 GT, is also cate-
of fishing unit, nature of work, ownership, and investment; 2) level of gorized as a small-scale fisher, together with people who own one non-
knowledge and technology e.g., fishing gears and fishing capacity; and motorized fishing boat. This is not equitable as the latter person is in a
3) a fisheries management component that includes fisheries authority, far worse financial and social position than the multiple boat owner.
management unit and regulations. In addition, space and time char- In developing a functional definition of small-scale fisheries and
acteristics were defined by the fishing base, fishing location, fishing small-scale fishers, specific attributes that differentiate them from other
duration and seasonality in fishing activities (Fig. 4). Each of these capture fisheries categories and are unique to Indonesia fisheries should
characteristics were further described in relation to different scales of be considered. These attributes must be clear enough to minimize dif-
the fisheries in the capture fisheries categories continuum (Fig. 4). In ferent interpretations of the category by fisheries managers and en-
some instances, the relationships might be clearly described and based forcement officers. Therefore, technical and socio-economic attributes,
on scientific evidence, but in others, the relationship might be less such as measure of fishing boat and unit where fishing-related decision
clear, depending on the level of knowledge of the fishery [55]. Often, making takes place, are more likely to provide this clarity than those
small-scale fisheries are seen as an activity of low productivity, low based on conceptual attributes alone, such as ‘fishing as livelihood to
yield and low value but that is not always true as they can be eco- meet their daily life or daily necessity’ (see World Bank [57]).
nomically efficient and produce high value fish for international mar-
kets [57]. 3.3.3. The attributes that define small-scale fisher and categories of fishery
An alternative method of defining small-scale fisheries is through A workshop in 2017, organized by the MMAF, discussed and agreed
the association of selected specific (technical) attributes unique to on a number of criteria to inform potential attributes for defining small-
small-scale fisheries. Priyono and Sumiono [54] for example, defined scale fisheries and small-scale fishers in Indonesia (Table 3). In addition
small-scale fisheries in Indonesia by the use of fishing boats relying on to its functionality, the other main criteria were based on the ob-
sail or outboard engines for propulsion (Table 2). Fishers fishing with servations that the Government used the term small-scale fishers not
gears without a boat are classified as small-scale, regardless of the size only to define a segment of the fisheries, but also to decide on a target
or mobility of their gears. In other cases, Ruttan et al. [56], used in- group for government support and empowerment programs. The
formation on annual catch-per-vessel, with low catches assumed to be a workshop participants also agreed that the small-scale fisheries cate-
characteristic of smaller boats that travel shorter distances and there- gory should be subject to suitable management measures to comply
fore are small-scale in terms of vessel movement. Carvalho et al. [52] with global market requirements (e.g., traceability), as some small-scale
used the size of the vessel to differentiate small- from larger-scale fisheries in Indonesia target commercial species such as grouper (Ser-
fisheries and defined small-scale fisheries in the Azores as all fishing ranidae) and tuna (Scombridae) that are in high demand by interna-
vessels measuring up to 12 m in length, which were still dominated by tional markets [17,35]. Suitable and innovative management options
small, old, wooden vessels of low power. Natale et al. [53] defined for fisheries involving small-scale fishers (e.g., rights-based fisheries
small-scale fisheries in the European Union (EU) on the basis of their management based on coastal area communal ownership claim, known
as ‘sasi’ in Maluku islands and eastern Indonesia [58], should therefore

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be explored to ensure that small-scale fishers still enjoy their privileges Finally, some reactions from both the government and the fisheries
and comply with management measures. Four main criteria were then sector to this proposed definition were anticipated in the workshop
selected: (a) fairness, (b) functionality, (c) enforceability and service- discussions. A possible concern from government is that this definition
ability, and (d) alignment with national and international regulations, implies a major increase in vessels subject to fisheries management:
which were used as the basis for identifying small-scale fisheries and based on data from 2014, an additional approximately 48,000 boats, or
the attributes of small-scale fishers. The functionality criteria are the equivalent total tonnage of 360,000 GT of fishing boats, measuring
measured against: (i) licensing system, (ii) access to fishing grounds, from 5.1 to 10 GT, would be subject to fisheries management. A
and (iii) catch reporting. As a result, the participants listed nine po- stronger reaction might come from the fisheries sector, especially those
tential attributes used to define small-scale fisheries in Indonesia that will no-longer qualify as small-scale fishers, and thus would not be
(Table 3). eligible for government empowerment and support programs and
As described earlier, Indonesian fisheries law No. 45/2009 has been would now be subject to the requirements of fishing licenses and catch
using the term small-scale fishers (nelayan kecil) rather than ‘small-scale reporting. However, there are no other options, even for ‘real’ small-
fisheries’ (perikanan skala kecil), which is in common use around the scale fisheries, but to comply with some level of fisheries management
world. It is argued that these two terms differ quite significantly: small- measures, such as catch reporting in the future. Currently, all fish
scale fisher refers to the people who derive their livelihood from products aimed at global (export) markets must demonstrate some level
fishing, whereas small-scale fisheries refers to the fisheries system in of traceability (e.g., information on location of fishing ground and gear
which fishers are an integral component of the system. As this paper used), therefore the government and all fisheries stakeholders in
focuses on defining small-scale fisheries, the analysis has focused on the Indonesia need to work hand in hand to raise awareness about these
fisheries system involving a segment of people who are perceived to be market requirements, including the local small-scale fishers. Achieving
poor (small-scale). Consequently, the definition is focused mainly on long-term, sustainable fisheries in Indonesia will require the manage-
the attributes of fisheries (and fishing), rather than social attributes, ment of all types of fisheries, including small-scale fisheries.
such as gender. The proposed definition is therefore mainly relevant for
managing fisheries systems involving poor, small-scale fishers in 4. Conclusions and recommendations
Indonesia. A more precise and functional definition of small-scale
fisher, to identify those people for government support and empower- The main contribution of this paper to policy is a new definition of
ment programs to fisher communities, for example, should be devel- small-scale fisheries in Indonesia and the methods applied to define it.
oped separately for potential incorporation in relevant laws, other than A list of attributes (Table 3) were developed to distinguish ‘real’ small-
the fisheries law. scale fisheries from larger-scale fishers based on: (a) literature (in-
Based on the discussions from the workshops, review of the litera- cluding legal documents), (b) discussions with relevant individuals in-
ture and purpose of this paper, a new definition of small-scale fisheries volved in the development of an earlier version of the definition, (c)
is proposed for Indonesia as: “a fisheries operation, managed at the years of field observation, and (d) triangulation (confirmation) through
household level, fishing without or with a fishing boat of < 5 GT and discussions and workshops involving relevant experts. Four criteria
using fishing gear that is operated by manpower alone”. This definition were applied to develop the definition: fairness, functionality, en-
incorporates three main attributes: fisheries are managed at the forceability and serviceability, along with alignment with national and
household level, fishing with or without a boat using gears that are not international regulations. These criteria ensure that the proposed defi-
mechanized, and size of fishing boat less than 5 GT are clear and dis- nition is acceptable, applicable, suitable, manageable and enforceable.
tinctive to differentiate the small-scale category from other capture Small-scale fisheries in Indonesia are characterized by very diverse
fisheries categories. Managing fisheries and their operations at the fishing gears, target species, fishing grounds, employment of mainly
household level means that all decision making processes in all related part-time people, market orientation, genders and household members
fishing activities, including decisions on the use of certain fishing gears, involved, including that in the day-to-day fishing decision making
target species, fishing locations, market orientation, etc., are done by processes. In the coastal areas of Indonesia's West Papua and Maluku,
the household. The decision making could also be made jointly, in- communities of traditional (adat) fisher still practice their customary
volving more than one household, e.g., by fisher households belonging marine tenure areas and this has been acknowledged by local and
to a fisher group. In a case where a fishing company (business/industry) central governments. These traditions are still practiced today, to
or cooperative employs, and or invests in ‘small-scale fishers’ to conduct varying degrees, to regulate the utilization of fisheries resources in their
fishing, these small-scale fishers would not qualify as small-scale fishers tenure areas.
under the proposed definition. The attributes of fishing without or with The current legal definition of small-scale fishers, as depicted in the
a fishing boat of less than 5 GT and using fishing gears that are not Indonesian Law No. 7/2016 (that includes all fishing vessels < 10 GT),
highly mechanized (i.e. mainly operated by manpower) means that the increases the size of the unregulated and unreported fishing fleet in
measure of fishing boat must be less than 5 GT and the fishing gears Indonesia, which conflicts with the goal of managing fisheries sus-
used on the boat are operated by manpower. tainably and compromises Indonesia's legislated responsibility to em-
The conventional stratification of subsistence, artisanal and com- power the weak and poor fisher communities, as mandated by the
mercial fisheries in relation to boat size cannot be used as a differ- Constitution. These small-scale fishers are not regulated nor restricted
entiating attribute as small outboard-powered fishing boats, especially to fish anywhere in Indonesian waters, exempted from fisheries licen-
in the waters off eastern Indonesian, with deeper water immediately sing and tax and are only required to report on their presence to the
adjacent to coastlines, could fish for tuna intended for export markets. local authority where they reside. Small-scale fishers are the main
The capacity of fishing boats to travel further distances from the coast is target of various regular government support and protection programs
also not a strong differentiating factor, as demonstrated by the as they fall within the government category of weak and poor people.
Indonesian fishers collecting sea cucumber in the Timor Sea bordering The owner of a fishing boat of 9.9 GT, for example, is a relatively,
Australian waters, located far from their home port on Rote Island, wealthy person by “small scale fisheries standards” – as the annual
Indonesia [21]. Although these vessels are not under power, they use operating costs of such a vessel are in the order of hundreds of millions
sail and GPS to travel long distances and target specific fishing grounds. of rupiah (~ tens of thousands of US$).
Traditional fisheries – as defined by law described earlier – could be- The suggested new definition of small-scale fisheries for Indonesia,
come a subset of small-scale fisheries, so long as they consistently based on fishing gears that are not operated by engines, fisheries de-
conduct fishing based on their traditions, including using traditional cision making that takes place at the household level and fishing boats
fishing gears, operated mostly without mechanization. of < 5 GT, would bring greater social justice as it ensures that small-

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scale fishers are the truly poor and disadvantaged people. It may also [11] V. Budimartono, M. Badrudin, E. Divovich, D. Pauly, A reconstruction of marine
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