Fishing Offenses & Infractions

Royal Ordinance on Fisheries (No.2) B.E.2017

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 22

    Section 96 of the Royal Ordinance on Fisheries B.E. 2558 shall be repealed and replaced by the following: “Section 96: When a fishing vessel has been authorized to berth at a port pursuant to Section 95 and has completed berthing, a request for permission for the importation of aquatic animals or aquatic animal products shall be lodged. After such permission has been granted, aquatic animals or aquatic animal products may then be unloaded from the fishing vessel. Such permission shall be deemed a permission issued under the law on animals’ epidemics and other laws under which permits are required for importation. The competent official shall not permit any importation under paragraph one unless the owner of the vessel or the master of the vessel can prove that:(3) the owner of the vessel or the master of the vessel certifies in writing that the flag state shall certify in due course that the aquatic animals are caught in accordance with the regulations of the international organizations concerned.

In laws/regulations that use the term "serious offenses," what offenses fall into that category?

  • Article 114

    The following acts shall be regarded as fishing operations constituting severe infringements pursuant to section 113: (1) use of a stateless vessel to engage in a fishing operation pursuant to section 10; (2) fishing without a fishing license or a license for the use of a fishing gear pursuant to section 31, section 32, section 35, section 36 or section 48; (3) failure to comply with section 81; (4) preparing a fishing logbook or reporting a fishing operation based on a false document or destroying a document or evidence related to the commission of an offense;

  • Article 24 (1)

    Section 112 of the Royal Ordinance on Fisheries B.E. 2558 shall be repealed and replaced by the following: “Section 112. In the event that an owner of a fishing vessel port, fish market operator or owner of a vessel registered as a transhipment vessel who violates or fails to comply with this Royal Ordinance, Ministerial Regulation, Notification or Regulation issued under this Royal Ordinance, the Director-General shall have the power to order the revocation of registration.”

  • Article 25/1

    The text in (2) of section 114 of the Royal Ordinance on Fisheries B.E. 2558 shall be repealed and replaced by the following: “(2) undertaking a fishing operation without a fishing license or without a license to use a fishing gear under section 31, section 32, section 36 or section 48.” Section 25/1/1. The text in (6) of section 114 of the Royal Ordinance on Fisheries B.E. 2558 shall be repealed and replaced by the following: “(6) modification of a fishing gear under section 42, undertaking a fishing operation which is inconsistent with the conditions set out in a license under section 43, or use of a prohibited fishing gear pursuant to section 67, section 68, section 69 or section 71(1).

Royal Ordinance on Fisheries B.E.2558 (2015)

Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?

  • Article 5

    International organisation’ means a Regional Fisheries Management Organisation (RFMO) established for the purposes of fisheries conservation and management.

  • Article 48

    Any person wishing to use a Thai vessel for the purposes of fishing outside Thai waters shall submit an application for a license to fish outside Thai waters to the Director-General or a person designated by the Director-General. The issuance of a license pursuant to paragraph one shall be executed specifically for a particular fishing vessel. The number and types of fishing gears authorized for the purposes of fishing operation shall also be specified on the license. If an applicant wishes to engage in a fishing operation in an area under the jurisdiction of coastal state, the DirectorGeneral or a person designated by the Director-General may accord authorization therefor only when the applicant is able to present proof of a right to engage in fishing operations in the waters of any such coastal state, and when there is clear evidence that the applicant for the license is in a position to comply with the laws, rules and measures of the coastal state or the international organisation concerned.”

  • Article 49

    In the case where the holder of a license for fishing outside Thai waters engages in a fishing operation in an area under the jurisdiction of a coastal state or in an 21 area under the control and responsibility of an international organisation, apart from having to comply with this Royal Ordinance, the licensee shall have to comply with the laws, rules and standards of conservation and fisheries management of any such coastal state or international organisation.

Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?

  • Article 66

    No person shall catch aquatic mammals, rare aquatic animals or aquatic animals near extinction as prescribed by the Minister or take any such aquatic animal on board a fishing vessel, except where it is necessary to do so in order to save the life thereof.