Shooting Fish Poachers?

Erwida Maulia, The Jakarta Post, Jakarta

The Maritime Affairs and Fisheries Ministry is seeking a license to shoot on sight poachers trying to flee or resist arrest, in a bid to get illegal fishing by foreign-flagged vessels under control.

Poachers have shown no fear of Indonesian sea patrols, who are either outnumbered or poorly armed, director general of monitoring and control at the ministry, Aji Sularso, told a forum Monday.

"The illegal fishermen show no respect for our national law. The shoot-and-sink policy will be part of a show of force to deter them," he said.

He told the audience foreign-flagged vessels went in and out of Indonesia's waters too easily. The ministry's team had found as many as 17 foreign vessels poaching in the Natuna Sea during one patrol.

Aji said illegal fishing had become so out of control it was "threatening Indonesia's economic and territorial sovereignty".
Indonesia loses about Rp 30 trillion (US$3.26 billion) to poaching annually, he said.

Under Law No. 31/2004 on fisheries, the ministry's patrol guards are authorized to carry guns.

Maritime law expert Hasyim Djalal said the country could apply the shoot-on-sight policy as a last resort for tackling illegal fishing.
He said the existing law allowed for such strong action if, after a series of legal measures, poachers continued to defy patrols or tried to flee or fight back.

But international law expert from the University of Indonesia, Hikmahanto Juwono, warned the shoot-on-sight policy could risk breaching the Criminal Code as it could remove evidence.

He said vessels that were shot would be likely to sink immediately.
Hikmahanto also warned deliberately sinking vessels with the crew still on board could be a human rights violation.

He suggested the ministry take other measures, such as prompting a shorter court process.

Many view corruption within courts as hampering law enforcement against poaching.

Another speaker at the seminar, head of the Navy's legal codification agency, Sunaryo, said the Navy had adopted a standard operating procedure to stop fleeing illegal vessels, starting with the "most lenient measures".

"First, we communicate with them, using voice or flags. If that doesn't work, we fire warning shots. If that is still unsuccessful, we shoot the vessel's body," Sunaryo said.

He said the procedure followed the Criminal Code's articles on involuntary defense.

According to ministry reports, its 21 sea patrol vessels have captured 130 foreign-flagged vessels engaged in illegal fishing this year, saving an estimated Rp 350 billion in potential losses.
In 2007, patrols intercepted 184 vessels, averting Rp 439 billion in potential state losses.

The vessels came from neighboring countries including Vietnam, Thailand, the Philippines, Taiwan and Malaysia."

That sounds like a great plan. I know some think it is too drastic, but we are not talking about fishermen that have no idea on what is going on being shot at. We are talking about fishermen who know they are breaking the law so they go to another country to do it. This is bad for all of us and needs to be dealt with force and quickness.

Hopefully news of the new policy spreads quickly, as I think loosing your boat is a huge deterrant.

There are sooooooo many issue here, it is hard to articulate them all.

Indonesia's natural resources are being illegally removed at a EXTREMELY ALARMING RATE!!! This is yet another example. The corruption is rampant, and the government, as a whole is ambivalent. All that to say that such drastic measures are not out of hand.

Authorities have been confiscating vehicles (cars, boats, planes) from criminals for years, nothing wrong with that. If they can catch them, they should take the boat as a minimum. If they have to use force and that results in the boat going down, then we'll have another wreck to dive next time we visit the area.