Fishery problems too complicated, chronic for Article 44

[webfact]

BURNING ISSUE
Fishery problems too complicated, chronic for Article 44
SUPALAK GANJANAKHUNDEE
THE NATION

BANGKOK: -- USING Article 44 of the interim charter to deal with illegal, unreported and unregulated (IUU) fishing by Thai vessels would be a counterproductive move, as the European Union (EU) is also concerned about the legitimacy of law enforcement and how the process is managed.

The government still has no clear plan on how to handle this situation after the EU issued its 'yellow card' warning on the country's illegal fishing activities.

Prime Minister Prayut Chan-o-cha preferred the enforcement of Article 44, rather than regular laws to cope with the problem, while his deputy Prawit Wongsuwan said normal laws were enough.

Last week, the European Commission put Thailand on formal notice for not taking sufficient measures in the international fight against illegal fishing.

To the commission's concern, the Kingdom lacks effective monitoring and control, and actually sanctions systems of illegal fishing.

Problems in the fishery sector have been present for a long time but have never been addressed properly. To be fair, this situation was bad long before the military government took power. The EU began informal consultation with the Thai officials in 2011 but governments, including this one under the military junta, failed to make any progress.

That is why the EU pushed harder by kicking off a formal procedure of dialogue and cooperation with the Thai government to take action under an Action Plan within six months before an evaluation.

If this government fails in the next six months, Thailand could be identified as a "non-cooperating" country, resulting in a ban on fishery products from entering the 28-country European market. At present, Thailand exports fishery products worth a total of Bt170 billion annually, of which Bt20-30 billion are shipped to the EU market.

Things that this government needs to do from now on include putting stronger effort into the legal framework for all concerned parties in the fishery sector, relating not only fishing trawlers but also the whole chain of production, to comply with local and international practices and laws.

The EU has very clear criteria and definitions on IUU. Illegal fishery means fishing without authorisation. It means fishing which contravenes conservation and management measured by regional fisheries management organisations (RFMOs) or against national laws and international obligations.

Fishing is regarded as unreported if it is not documented or the reporting contravenes national laws and regulations. Fishing is unregulated if a fishing vessel has no nationality and its fishing activities jeopardise fish stocks.

In the case of Thailand, the serious problem is in the category of "illegal and unregulated" - as many fishing trawlers use forced labour to fish in deep waters out of Thai territory. It is illegal as they steal fish in foreign countries' water. Sometimes, one registered vessel is duplicated into the records as many. No need to say, officials claim never to know of fishing techniques which damage fish stocks.

The thing is, problems in the fishery sector are too complicated and chronic for Prayut's Article 44, which says nothing but gives excessive power to the junta chief. With or without Article 44, Thailand still needs to issue more rules and regulations to solve illegal fishing, especially in terms of traceability of product, and the equipment on Thai fishing vessels.

Of course, the EU wants Thailand to have a legal framework and effective law enforcement, but this did not mean any laws and any enforcement can be put in place. The laws must be just and they must be enforced in accordance with international standards. Article 44 is not relevant since it is against the rule of law. The enforcement of such a "one-man show" law could create further more problems as it violates basic human rights.

Rather than solving the IUU problem, Thailand could face more pressure from the EU and the international community if it exercises the illegitimate power under Article 44 to crackdown on illegal fishing.

Prayut and his crew need to think this through. His coup last May is already problematic and the junta's laws and their enforcement are worse.

Source: http://www.nationmultimedia.com/politics/Fishery-problems-too-complicated-chronic-for-Artic-30258977.html


-- The Nation 2015-04-29

[BSJ]

If the PM took the defeatist point of view of the author of this article of course the problem cannot be fixed. But if the PM applies modern tracking and surveillance techniques, regular monitoring of the industry and creates workable laws it's possible the seafood industry will be under control in 2 or 3 years.

[davehowden]

Thailand could have all the laws in the World, but their enforcement would be a different matter.

It seems as if reality is beginning to catch up with dear old LOS?

[PaullyW]

Thailand could have all the laws in the World, but their enforcement would be a different matter.

It seems as if reality is beginning to catch up with dear old LOS?

And, thank god for it! They need to be dragged / kicking and screaming as children are / into the modern world.

Printing laws on books with high quality paper and adorning the covers and pages with elaborate seals is NOT going to cut it in this modern world. They are an ancient society, and it's time for them to earn their place among those of us who have moved onto countries where enforcing laws matters more than auspicious ceremonies and pretty seals and nice speeches and smiles from pretty women.

They gotta grow up eventually. I'm glad the world is helping them.

[Chao Lao Beach]

Thailand could have all the laws in the World, but their enforcement would be a different matter.

It seems as if reality is beginning to catch up with dear old LOS?

Well said

[Oziex1]

Ignorance of the world beyond it's borders, does not mean that the world is going to ignore the Thai fishing industries unethical conduct.

When will this news be forgotten? What is the latest situation on Thai air safety, a hot news item recently and now dropped off the radar.

[mikiea]

Ignorance of the world beyond it's borders, does not mean that the world is going to ignore the Thai fishing industries unethical conduct.

When will this news be forgotten? What is the latest situation on Thai air safety, a hot news item recently and now dropped off the radar.

no thai leader will make a move to correct this or any other major problem untill planes fall from the sky & the western world stops buying thai seafood. it is that simple , everything is connected to the cash flow between a industery and the goverment . ahhhh.... the thainess of it all :-)

[Fat Haggis]

If the PM took the defeatist point of view of the author of this article of course the problem cannot be fixed. But if the PM applies modern tracking and surveillance techniques, regular monitoring of the industry and creates workable laws it's possible the seafood industry will be under control in 2 or 3 years.

And the illegal vessels fishing in Thai waters that come from neighbouring countries?

The Navy should bin the submarines idea and by 100+ fast armed patrol boats that can each cover an area of responsibility assign each of these senior officers of the submarine department a sector and start earning their salaries and perks, instead of running a department that has not been active in over 40 years!!

You will also need people to monitor all these vessels being tracked turn the submarine division into fisheries protection division, it doesn't need 2-3 years it just need the right people willing to upset the big wigs who purchase these illegal fish by reducing their catch.

Each fishing vessel registered is limited to days at sea, and a quota to work on, if the quota is reached before their sea days are up, tough luck, vessel is tied up until their new quota/sea days come back.

[robblok]

The Thai government should just go to other countries and see how they have solved it. I take it the philipines are similar to Thailand.. just look what they did to get off this list.

[mrblue]

welcome to the real world

[LuckyLew]

You would think the ship captains would now want to hep in getting things staightened out, after all it is there catch that is close to getting an EU red card.

If Thailand gets a red card it is their catch that will have no demand. Then again they probably just think they ca sell it to another country like China or Russia

[Balance]

Ignorance of the world beyond it's borders, does not mean that the world is going to ignore the Thai fishing industries unethical conduct.

When will this news be forgotten? What is the latest situation on Thai air safety, a hot news item recently and now dropped off the radar.

no thai leader will make a move to correct this or any other major problem untill planes fall from the sky & the western world stops buying thai seafood. it is that simple , everything is connected to the cash flow between a industery and the goverment . ahhhh.... the thainess of it all :-)

It is too bad, but you are probably correct. Someone recently posted something about 'the EU would never do that to Thailand' and I think that thinking is common in the government. If the EU designates Thailand as uncooperative, so will the U.S. and Canada. It will hurt and hurt badly for some time as the government wakes up to a very harsh reality of being on the world stage. It is a tough way to learn some lessons.

[angiolo]

Well I guess that THALAND wants dollars and euros rather than Russian and Chinese money . Then they gotta move

[Loptr]

The EU has a bad habit of shooting itself in the foot by taking the moral high-ground... Case in point, the backlash from EU economic sanctions on Russia and the repercussions for their exports... If the EU holds to their sanctions and ban against Thailand's fishing industry if they do not comply with the EU rules, there will be other buyers for the fish exports... India, China or Russia would surely like to strengthen their economic ties to Thailand and we know those countries have no scruples when it comes to protecting the environment... The EU represents roughly 350+/- million people, while the three countries I named represent close to 3 billion souls... You do the math...

Edited April 29, 2015 by Loptr

[Fat Haggis]

Selling to those other countries isn't the issue, it's the illegal activities involved catching those fish that's the issue.

Selling to China, Russia or India doesn't stop the issue they're trying to solve does it? So the problems are not going to go away, if anything it would only make matters worse for Thailand in the long run.

[Srikcir]

"Article 44 is not relevant since it is against the rule of law. The enforcement of such a "one-man show" law could create further more problems as it violates basic human rights."

Until Thailand has an established succession of federal government to insure continuity of law enforcement, it would seem that the EU will not accept laws enacted by a military coup. In fact any and all laws promulguted by the 2014 Junta-led government are, according to the Thai 1997 Constitution, illegal:

Chapter 1, Section 6. "The Constitution is the supreme law of the State. The provisions of any law, rule or regulation, which are contrary to or inconsistent with this Constitution, shall be unenforceable."

This might mean that the EU will NOT recognize any efforts taken by the Junta-led government to satisfy the EU demands and only an elected government will suffice. And the NRC is now projecting elections in May 2016. - another year!

[FangFerang]

Thailand is selling to European and American markets because......they pay better -- much better. At current valuations, they would need a convoy of trucks just to carry Russian rubles across the borders (hyperbole, but apt).

And G-to-G deals don't solve it either, there is not much Thailand wants from Russia or China but money and R&D technology, and the Asian farangs are not spending it.

The Thais want cash -- lots of cash.

In a related vein, international commodities markets confuse me. I could buy 2 kilos of frozen Thai prawns back home for 150 baht, but here 150 baht is like 350 grams of small prawns. In OZ, I paid 28$ for a steak, and bought an Aussie steak in Asia the same size for 10$.

What logic does that come from? Both countries freeze good product, ship it very far away, and then sell it for less than half of what they demand at home.

If self-sufficiency economy is a real goal -- sell the Thai prawns to Thais and ASEAN countries for what the American and EU markets are paying -- same money, less shipping, more profit, and cheaper prices at home. The EU and Americans would yelp when the price of prawns jumps through the roof!

Ha and ha again...commodities trading is making us all poor as church mice.

[DM07]

Very good Khun Supalak- repeating exactly what the master said!

Thailand- Hub of investigative journalism!

[MZurf]

Deleted

Edited April 29, 2015 by MZurf

[MZurf]

The EU has a bad habit of shooting itself in the foot by taking the moral high-ground... Case in point, the backlash from EU economic sanctions on Russia and the repercussions for their exports... If the EU holds to their sanctions and ban against Thailand's fishing industry if they do not comply with the EU rules, there will be other buyers for the fish exports... India, China or Russia would surely like to strengthen their economic ties to Thailand and we know those countries have no scruples when it comes to protecting the environment... The EU represents roughly 350+/- million people, while the three countries I named represent close to 3 billion souls... You do the math...

Exactly how would boycotting Thai seafood be detrimental to the EU economy? And how was the economic sanctions the EU imposed on Russia "shooting itself in the foot"? The EU knew full well that this would be costly to implement but the EU took the moral high ground, something that's unfortunately very rare to see outside the West.