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Technical Assistance/Position : Consultant – A Policy and Governance Gap Analysis
  on Aquatic (marine and freshwater) Species Conservation
Supervisor : Ita Sualia & Sofi Mardiah
Period of Contract : 1 May – 31 July 2020
Level of effort : 40 days total.

Background

Indonesia lies at the heart of The Coral Triangle – the global epicentre for marine biodiversity. It is a major hotspot for marine megafauna diversity, and also the second largest fishing nation in the world. Threatened marine species are currently being over-exploited, through a combination of targeted harvesting, or by-catch in marine fisheries. The trade in these marine animals and animal products creates a massive threat to globally important wildlife, and also has enormous social, environmental and economic repercussions – representing a multi-billion-dollar loss to the Indonesian economy annually.

Indonesia’s legal framework regarding species conservation was first developed under Conservation Law (Law No.5/1990), the national protected species list (PP.7/1999), and related regulations on the preservation of wild flora and fauna, the utilisation of wild flora and fauna and the management of sanctuary reserves and nature conservation areas. In the early 2000s through Act (UU) No.31/2004 on Fisheries (later updated by Act (UU) No.45/2009) the specific marine species are regulated. Other relevant overarching laws include:

• Government Regulation (PP) No.60/2007 on the Conservation of Fish Resource 
• Act (UU) No. 27/2007 and Act (UU) No. 1/2014 on the Management of Coastal Areas and Small Islands  
• Act (UU) No. 32/2014 on Marine ecosystems 
• Presidential Regulation No. 16/2017 on Indonesia’s National Sea Policy

Several other international policy commitments also play a role in shaping aquatic and fisheries law in Indonesia, including:

• The United Nations Convention on the Law of the Sea (UNCLOS)  
• The United Nations Convention on the International Trade of Endangered Species of Wild Fauna and Flora (CITES), and related permitting regulations 
• The United Nations Convention on Biological Diversity (CBD)  
• Regional Fisheries Management Organisations (RFMOs ) 
• The United Nations Sustainable Development Goals (SDGs), particularly Goal 14: Life Below Water.

The Ministry of Marine Affairs and Fisheries (MMAF) is the main party who is responsible for management of fisheries and aquatic species conservation. In addition, The Ministry of Environment and Forestry (MoEF) is also responsible for several marine protected areas and enforcement of conservation laws., as well as acting as the CITES management authority, with LIPI as the CITES Scientific Authority.

Many of these laws and regulations contain various loopholes and inconsistencies, and lack implementation mechanisms. For example, there is no overarching framework for CITES implementation for marine species or designation of marine protected species; while some species may be listed as protected or have quotas in place, but it is unclear how these will be translated in to fisheries management action at the fishery level, in order to achieve conservation goals in practice.

Opportunities do exist for reform, particularly with CITES listings of commercially important marine species (particularly sharks and rays) acting as a high-level driver for improved management. MMAF could be given authority to determine protected marine species and act as the CITES MA for marine species, without requiring higher-level authority. Revision of the laws and regulations provides potential opportunities to revise and remove some of the principal loopholes.

Objectives:

The purpose of this consultancy is to conduct a comprehensive review to identify the existing policy, regulatory and legal gaps and challenges relating to aquatic species conservation in Indonesia. This will include:

1. Understanding the current aquatic species conservation, and identifying legal gaps and loopholes, and implementation gaps (i.e Fisheries Law 31/2004 jo Law 45/2009).  
2. Understanding of aquatic species conservation management institutions and the role of each institution 
3. Understanding how the other regulation will impact to aquatic species conservation  
4. Understanding International mechanisms, particular CITES, CBD and relevant RFMOs should be considered. It is expected that the report will build upon/learn from three existing reports

• Shark and ray conservation and management in Indonesia: Status and strategic priorities 2018 – 2023 (by WCS) 
• Wildlife Trade, Wildlife Crimes and Species Protection in Indonesia: Policy and Legal Context (by WCS/USAID)  
• Rencana Strategis dan Rencana Aksi Jenis Ikan Dilindungi dan Terancam Punah

Specific Tasks and Responsibilities of Consultant National Strategy on Marine Species Conservation

The scope of work of this consultancy is to lead the development A Policy and Governance Gap Analysis on Marine Species Conservation. The consultant will be responsible to:

1. Compile all data and information from key stakeholders regarding aquatic species conservation; 
2. Produce draft Policy and Governance Gap Analysis on Aquatic Species Conservation  
3. Presenting draft document of Policy and Governance Gap Analysis on Aquatic Species Conservation in a FGD or multi stakeholder meeting. 
4. Finalize the document of A Policy and Governance Gap Analysis on Marine Species Conservation based on inputs and recommendation gathered form the stakeholder meetings 
5. Become a resource person in two meetings on National Strategy of Aquatic Species Conservation 
6. Provide input for Draft of Roadmap National Strategy of Aquatic Species Conservation

Deliverables and Level of Effort

The consultancy services will begin on 1 May 2020 to 31 July 2020. The expectation of overall level of effort for the contract will not exceed 40 days over the contract period. The fee is payable in instalments upon completion of work according to the schedule below:

Required qualifications

• Indonesian with minimum Master’s degree or higher in environmental science, law, aquatic conservation, or related discipline, with 10+ years’ relevant experience. 
• Having knowledge of and/or experience in research on policy of wildlife conservation, marine and fisheries conservation policy and research in Indonesia.

Consultant Arrangement, Supervision and Reporting

• The consultant will be expected to work remotely, and attend meetings in Bogor and Jakarta.  
• The consultant will work under direct supervision of Ita Sualia, Marine Policy Coordinator and Sofi Mardiah, Wildlife Trade Policy Program Manager.  
• The Regular meeting will be scheduled with the consultant to monitor advancement of the work.  
• The final report should be presented as a stand-alone internal non-public document. The report should be in Bahasa Indonesia and can take the form of tables, bullet point lists of key points, etc, rather than long sections of narrative. 
• The summary of final policy analysis will be written in Bahasa Indonesia and English 
• The consultant fee is payable in instalments upon completion of work according to the schedule. The consultant fee is including tax that should be paid by the consultant. 
• Travel cost across Jakarta, Bogor, Tangerang, Bekasi as the consequence of service provided by the consultant is already included in the consultant fee. 
• Travel cost outside Jakarta, Bogor, Tangerang, Bekasi as the consequence of service provided by the consultant will be covered by WCS-IP with prior notice to supervisor and following te WCS-IP financial rules.

Outline of The Gap Analysis Report

An indicative structure for the report is presented below, but may be revised later based on discussions between WCS and the consultant:
1.   Introduction 
2. Overall policy, legal and institutional framework for aquatic species protection and marine wildlife trade in Indonesia

• Summary of the history of the major policies, legislation and subsidiary regulations 
• Summary of the aquatic species conservation legal framework and institution (how regulation implemented including a summary of the mandate of each Ministry/government agency

3. Indonesia’s commitments to aquatic species conservation under relevant international agreements including Multilateral Environmental Agreements (CBD, CITES, RFMOs etc.)
4.  Case studies on gap of policy and regulation for aquatic species conservation (one case study for threatened freshwater species and two case studies for marine species: shark and coral)

• Ideal and existing condition 
• Production and Trade (supply chain) 
• Policy gap and challenges 
• Specific recommendation from each case study

5. Key legal gaps, challenges, barriers and implications for effective aquatic species conservation, to achieve conservation objectives 

6. Policy recommendations – suggested targets for future policy/legal work, with a particular focus on:

• Fisheries management reforms 
• Aquatic species trade reforms 
• Species protection reforms 
• Considerations on private sector engagement and supply chain management 
• Consideration on maintaining livelihoods and well-being of fishers and coastal communities

Application Details

Please send a covering letter and CV in English to wcsindonesia@wcs.org not later than 6th May 2020 stating in the subject line “Policy and Governance Gap Analysis on Aquatic Species Conservation _(name)”. No correspondence, only short-listed candidates will be notified.