Royal Ordinance on Fisheries (No. 2) B.E.2017.
Country
Type of law
Legislation
Abstract
This Royal Ordinance on Fisheries (No. 2) B.E.2017, consisting of 44 Sections, amends the Royal Ordinance on Fisheries, 2015.
Section 3-5 amends the definitions of “commercial fishing”, “fishing vessel”, “ stateless vessel”, and adds the definitions of “transhipment vessel”, and “factory”. Transhipment vessel means a fishing vessel used specifically for transhipment, aquatic animal transport, aquatic animal processing or aquatic animal storage. Any factory operator shall not employ or allow any foreign person who does not have a work permit under the law on alien worker management to work in the factory (Section 7).
The Royal Ordinance on Fisheries (No. 2) B.E.2017 specifies that the fishing rights must be based on the fishing capacity and the maximum sustainable yield (MSY) of aquatic animals to maintain the sustainable fisheries. The provisions paragraph two of section 36 of the Royal Ordinance on Fisheries B.E. 2558 (2015) shall be repealed and replaced by: “A license under paragraph one shall be issued specifically for a fishing vessel and the license must state the amount and type of fishing gear permitted for use in a fishing operation in a fishing ground, permitted catch limit and permitted fishing period in line with the fishing capacity and maximum sustainable yield as stated in the Fisheries Management Plan. The number of licenses issued to a person shall not exceed the number prescribed by notification of the Minister.” The amendments are also made on the provisions for port in/port out controls. Fishing vessels, their catch, and their crew entering or leaving Thai ports are subject to checks and controls. A non-Thai fishing vessel wishing to import aquatic animals or aquatic animal products into Thailand shall notify in advance the competent official by no less than the period prescribed by the Minister. The competent official shall verify the data and notify the master of the vessel. In the case where a non-Thai vessel fails to comply with the rules, or where there is a cause for suspicion that the fishing vessel in question has undertaken an IUU fishing or has been involved in an IUU fishing, the competent official may deny the requested berthing. After a permission for the importation of aquatic animals or aquatic animal products is obtained, the aquatic animals or aquatic animal products may then be unloaded from the fishing vessel.
Transshipments must be authorised, and an observer is required when a transhipment of aquatic animals is undertaken outside Thai waters. Transshipment vessels are required to be fitted with Vessel Monitoring Systems (VMS), report every port-in and port-out at the port-in port-out center, and obtain approval of a transhipment plan from a competent official prior to port-out for transhipment of aquatic animals. In addition, Section 89 of the Royal Ordinance on Fisheries B.E. 2558 shall be repealed and replaced by: “A vessel registered as a transhipment vessel must, in addition to complying with this Royal Ordinance, in the case of a transhipment of aquatic animals in the waters of a coastal state, must also comply with the laws, rules or regulations of such coastal state, and in the case of a transhipment of aquatic animals in the high seas, must comply with the rules and regulations of the relevant international organisation.”
The Royal Ordinance on Fisheries (No. 2) B.E.2017 further makes amendments on the provisions for the establishment and powers of the Administrative Sanctions Committee, traceability of the chain from vessels to factories, penalties for serious illegal practices, etc.
Section 3-5 amends the definitions of “commercial fishing”, “fishing vessel”, “ stateless vessel”, and adds the definitions of “transhipment vessel”, and “factory”. Transhipment vessel means a fishing vessel used specifically for transhipment, aquatic animal transport, aquatic animal processing or aquatic animal storage. Any factory operator shall not employ or allow any foreign person who does not have a work permit under the law on alien worker management to work in the factory (Section 7).
The Royal Ordinance on Fisheries (No. 2) B.E.2017 specifies that the fishing rights must be based on the fishing capacity and the maximum sustainable yield (MSY) of aquatic animals to maintain the sustainable fisheries. The provisions paragraph two of section 36 of the Royal Ordinance on Fisheries B.E. 2558 (2015) shall be repealed and replaced by: “A license under paragraph one shall be issued specifically for a fishing vessel and the license must state the amount and type of fishing gear permitted for use in a fishing operation in a fishing ground, permitted catch limit and permitted fishing period in line with the fishing capacity and maximum sustainable yield as stated in the Fisheries Management Plan. The number of licenses issued to a person shall not exceed the number prescribed by notification of the Minister.” The amendments are also made on the provisions for port in/port out controls. Fishing vessels, their catch, and their crew entering or leaving Thai ports are subject to checks and controls. A non-Thai fishing vessel wishing to import aquatic animals or aquatic animal products into Thailand shall notify in advance the competent official by no less than the period prescribed by the Minister. The competent official shall verify the data and notify the master of the vessel. In the case where a non-Thai vessel fails to comply with the rules, or where there is a cause for suspicion that the fishing vessel in question has undertaken an IUU fishing or has been involved in an IUU fishing, the competent official may deny the requested berthing. After a permission for the importation of aquatic animals or aquatic animal products is obtained, the aquatic animals or aquatic animal products may then be unloaded from the fishing vessel.
Transshipments must be authorised, and an observer is required when a transhipment of aquatic animals is undertaken outside Thai waters. Transshipment vessels are required to be fitted with Vessel Monitoring Systems (VMS), report every port-in and port-out at the port-in port-out center, and obtain approval of a transhipment plan from a competent official prior to port-out for transhipment of aquatic animals. In addition, Section 89 of the Royal Ordinance on Fisheries B.E. 2558 shall be repealed and replaced by: “A vessel registered as a transhipment vessel must, in addition to complying with this Royal Ordinance, in the case of a transhipment of aquatic animals in the waters of a coastal state, must also comply with the laws, rules or regulations of such coastal state, and in the case of a transhipment of aquatic animals in the high seas, must comply with the rules and regulations of the relevant international organisation.”
The Royal Ordinance on Fisheries (No. 2) B.E.2017 further makes amendments on the provisions for the establishment and powers of the Administrative Sanctions Committee, traceability of the chain from vessels to factories, penalties for serious illegal practices, etc.
Attached files
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Date of text
Entry into force notes
This Royal Ordinance shall come into force on the day following the date of its publication in the Government Gazette.
Repealed
No
Source language
English
Legislation Amendment
No