FINAL REPORT ON A LEGAL ADVICE TO
THAILAND

Final report on a legal advice to Thailand

Field Report C–4

by

Ted L. McDorman
Legal Consultant

FISHCODE/MCS - GCP/INT/648/NOR

FAO/NORWAYGOVERNMENT
COOPERATIVE PROGRAMME

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, September 2000

Table of Contents

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© FAO 2000

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PREPARATION OF THIS DOCUMENT

The Legal Advice to Thailand Mission, 2000 [FISHCODE GCP/INT/648/NOR-SUB-PROJECT C4] arose from the recommendations contained in the report by Peter Flewwelling, FAO MCS Review: Thailand (January 12-24, 1999) and Blaise Kuemlangan, Preliminary Review of the Fisheries Legal Framework of Thailand (1999) which followed the FAO/FISHCODE Regional Workshop on Fisheries Monitoring, Control and Surveillance held in Malaysia in June/July 1998. The Legal Consultant Mr Ted L. McDorman conducted a First Mission to Thailand from April 1-23, 2000 and completing a Progress Report. This was followed by the Legal Consultant, while in Victoria, Canada, preparing a Draft Fisheries Act during May, 2000 and submitting this to FAO Rome, FAO Bangkok and the Thai Department of Fisheries in early June 2000. The Legal Consultant conducted a Second Mission to Thailand in two stages, the first being June 16-23 and the second being July 14 to August 5. The Legal Consultant assisted in the organization and the conducting of a “legal review workshop” held at the Rose Garden, Nakornpathom Province, Thailand on August 1-3 (Report attached as Appendix Two).
The Final Report is composed of four Divisions. Division One is Parts 1.0 and 2.0 - the Introduction and Background to the Thai Legal Mission. Division Two is Parts 3.0 to 6.0 which is the background to Thai fisheries, the 1947 Fisheries Act and the administration of fisheries in Thailand. Division Three (Parts 7.0 to 28.0) deals with the detail of the Draft Fisheries Act. Division Four is the Draft Fisheries Act itself which contains Sixteen chapters and 146 sections.
In the preparation of the Draft Fisheries Act, valuable assistance by way of detailed comments were provided by Peter Flewwelling and Blaise Kuemlangan. Besides the valuable detailed comments provided on an informal basis, Peter Flewwelling prepared an MCS Advisor Report respecting the Department of Fisheries/FAO Legal Workshop of August 2000.

TABLE OF CONTENTS

GCP/INT/648/NOR Field Report C–4pdf

PREPARATION OF THIS DOCUMENT
ABSTRACT
TABLE OF CONTENTS

DIVISION ONEpdf

1.0 TERMS OF REFERENCE
2.0 BACKGROUND TO AND CONDUCTING OF THE MISSION

DIVISION TWOpdf

3.0 THE FISHING SITUATION IN THAILAND
4.0 LEGISLATIVE AND ADMINISTRATIVE STRUCTURE
5.0 REALITIES OF THAI LAW
6.0 THE INTERNATIONAL CONTEXT

DIVISION THREEpdf

7.0 TWO GUIDING CONSIDERATIONS IN THE CREATION OF THE DRAFT FISHERIES ACT
8.0 ORGANIZATION OF THE DRAFT FISHERIES ACT
9.0 THE PRINCIPAL BUILDING BLOCKS OF THE DRAFT FISHERIES ACT
10.0 AUTHORITY AND RESPONSIBILITIES IN THE DRAFT FISHERIES ACT
11.0 APPLICATION, INTERPRETATION AND IMPLEMENTATION OF THE DRAFT ACT
12.0 FISHERIES MANAGEMENT IN THAI WATERS: GENERAL
13.0 LICENCES, PERMITS AND WRITTEN PERMISSIONS
14.0 THE COMMERCIAL MARINE FISHERY ZONE: THE FISHING GEAR PERMIT
15.0 THE INLAND FISHERY ZONE AND THE COASTAL MARINE FISHERY ZONE: THE LOCAL FISHING PERMIT
16.0 COMMUNITY-BASED MANAGEMENT
17.0 FOREIGN FISHING IN THAI WATERS
18.0 OVERSEAS MARINE FISHERY ACTIVITY
19.0 AQUACULTURE
20.0 A CONTROVERSIAL PROHIBITION - SECTION
21.0 FISH INSPECTION, SEAFOOD SAFETY AND EXPORT CERTIFICATION
22.0 FISH DISEASE, EXOTIC SPECIES, BIOTECHNOLOGY AND GENETICALLY MODIFIED ORGANISMS
23.0 MONITORING, CONTROL AND SURVEILLANCE
24.0 COURTS: JURISDICTION AND EVIDENCE
25.0 PENALTIES
26.0 FISHERY FEES AND TAXES
27.0 REVIEWING THE DIFFERENT WATER AREAS
28.0 TRANSITION AND REQUIRED REGULATIONS AND NOTIFICATIONS

DIVISION FOUR THE DRAFT FISHERIES ACTpdf

CHAPTER I. PRINCIPLES
CHAPTER II. DEFINITIONS
CHAPTER III. ZONES
CHAPTER IV. MANAGEMENT OF AQUATIC RESOURCES
CHAPTER V. COMMUNITY-BASED MANAGEMENT
CHAPTER VI. THE INLAND FISHERY ZONE
CHAPTER VII. THE COASTAL MARINE FISHERY ZONE
CHAPTER VIII. THE COMMERCIAL MARINE FISHERY ZONE
CHAPTER IX. OVERSEAS MARINE FISHERY ACTIVITY
CHAPTER X. FOREIGN FISHING ACTIVITY IN THAI WATERS
CHAPTER XI. AQUACULTURE
CHAPTER XII. PROTECTED SPECIES AND PROTECTION AREAS
CHAPTER XIII. HEALTH, QUALITY AND EXPORT
CHAPTER XIX. MONITORING, CONTROL AND SURVEILLANCE
CHAPTER XV. JURISDICTION AND PENALTIES
CHAPTER XVI. MISCELLANEOUS

APPENDICESPDF

ONE: REFERENCE TABLE
TWO: DOF/FAO NATIONAL WORKSHOP (AUGUST
THREE: THAI FISHERIES ACT, 1947, AS AMENDED