Implementation of Precautionary Principleon Bycatch Management in Indonesian Policy

Abstract

Food and Agriculture Organization estimates that around 7 million  tons of bycatch discard by the sea. FAO Code of Conduct for  Responsible Fisheries require to suppress the number of bycatch and environmental impact from their fishing methods. The precautionary principle proposed as guides in environmental decision making. This research aimed to analysedthe precautionary principle to implement for fisheries especially for bycatch management. The research method used is normative juridical research, that is documenting the by catch impact and analyzed suitable with the existing regulations, combined with the legal event occurs and interview with the relevant officials to complete the existing document. The results showed that precautionary principle needed as one of procedures to prevention which should be done before the fishermen fishing. Precautionary principle with four element are taking preventive action in the face of uncertainty; shifting the burden of proof to the proponents of an activity; exploring a wide range of alternatives to possibly harmful actions; and increasing public participation in decision making. The procedure of precaution to keep the environment conserved and with efficient cost should be headed.

Keywords: Precautionary principle, bycatch, efficient cost, national policy..

DOI: 10.7176/JLPG/93-06

Publication date: January 31^st 2020