Act Governing the Rights to Fish in Thai Waters in B.E. 2482 (1939)
Labor Rules, Offenses, & Infractions
Does the law/regulation require foreign vessels to employ national labor?
Article 7
Unless agreements have been made otherwise with foreign countries, the following vessels can not be used for fishing purpose in the Thai fishery waters: (1) Vessels having foreign nationality or belonging to aliens or juristic persons having foreign nationality; (2) Thai vessels, the crews of which include aliens, no matter in what capacity they may be. However, aliens who have been residents in Thailand for not less than five consecutive years before the 28th October, B.E. 2477, may become members of the crew of a Thai fishing vessel, provided that they must have been registered under and complied with the law concerning registration of aliens, and the aggregate number does not exceed twenty five per cent of the total number of crew. For the purpose of this Section, a crew shall not be deemed to be an alien if such an alien is an instructor appointed by the Minister for imparting knowledge in fishery in Government, Public or Municipal school. In ase of Public or Municipal school, the number shall not exceed five structors to each school and permission must have been obtained from the lster or the official appointed by the Minister for that purpose.
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 4
Person in charge of a vessel' means a master, sarang, taikong, coxwain, steersman or any other person who is in control of the vessel and responsible for it, but does not include a pilot.
Vessel Registration & License Management
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 5
Fishing rights may only be granted to Thai nationals or companies with more than 70% Thai ownership that are registered and headquartered in Thailand.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 5
No license for fishing shall be issued to: (a) any alien, or (b) any ordinary partnership, unless all its partners shall have Thai nationality, or (c) any limited partnership, unless all its partners jointly and unlimitedly liable shall have Thai nationality, and not less than seventy percent of its capital shall be owned by natural persons having Thai nationality, or (d) any limited company, unless the majority of its directors shall have Thai nationality and not less than seventy percent of its capital shall be owned by natural person having Thai nationality, and such company shall have no regulations permitting the issue of shares to bearer. The partnership or company which is entitled to obtain such license must have been registered under the Thai law, having its principal office in the Kingdom of Thailand.
Article 6
If the person, partnership or company who or which has already obtained license for fishing afterwards becomes disqualified to be granted license as provided in Section 5, such person, partnership or company shall notify the issuing official of same within fifteen days from the date of becoming disqualified and, at the same time, to surrender the license. In such case the issuing official shall cancel such license.