Field Report C–4 by Ted L. McDorman FISHCODE/MCS - GCP/INT/648/NOR FAO/NORWAYGOVERNMENT FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS |
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PREPARATION OF THIS DOCUMENTThe 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. |
GCP/INT/648/NOR Field Report C–4
PREPARATION OF THIS DOCUMENT
ABSTRACT
TABLE OF CONTENTS
1.0 TERMS OF REFERENCE
2.0 BACKGROUND TO AND CONDUCTING OF THE MISSION
3.0 THE FISHING SITUATION IN THAILAND
4.0 LEGISLATIVE AND ADMINISTRATIVE STRUCTURE
5.0 REALITIES OF THAI LAW
6.0 THE INTERNATIONAL CONTEXT
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 ACT
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
ONE: REFERENCE TABLE
TWO: DOF/FAO NATIONAL WORKSHOP (AUGUST
THREE: THAI FISHERIES ACT, 1947, AS AMENDED