Fishing Capacity Management for Sustainable Fisheries in Thailand
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University of Wollongong Research Online University of Wollongong Thesis Collection 1954-2016 University of Wollongong Thesis Collections 2015 Fishing Capacity Management for Sustainable Fisheries in Thailand Pakjuta Khemakorn University of Wollongong Follow this and additional works at: https://ro.uow.edu.au/theses University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. Copyright owners are entitled to take legal action against persons who infringe their copyright. 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For further information contact the UOW Library: [email protected] Fishing Capacity Management for Sustainable Fisheries in Thailand A thesis submitted in fulfillment of the requirements for the award of the degree Doctor of Philosophy from University of Wollongong by Pakjuta Khemakorn Master of Science (Marine Science) (Chulalongkorn University, Thailand) Australian National Centre for Ocean Resources and Security (ANCORS) Faculty of Law, Humanities and the Arts University of Wollongong August 2015 CERTIFICATION I, Pakjuta Khemakorn , declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Australian National Centre for Ocean Resources and Security (ANCORS), Faculty of Law, Humanities and the Arts, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Pakjuta Khemakorn 28 August 2015 ii ABSTRACT Overcapacity has been a global concern in fisheries for many decades as it has created one of the most severe impacts on fisheries stocks. It is commonly found in fisheries with open access system, limited regulations and inadequate controls on fishing capacity. Although the awareness of controlling fishing capacity is significantly growing worldwide, the problem of overcapacity is unlikely alleviated. It is due to a number of factors, including the lack of understanding of the concepts of fishing capacity and relevant terms, the lack of property user rights in fisheries and the inadequacy of effective management to address excess capacity and/or overcapacity issues based on the international standards. Thailand is one of the coastal States confronted with problems of overcapacity, and it has become the main obstacle for Thailand to achieve the sustainable fisheries. This thesis clarifies the concepts of capacity in fisheries and examines the issue of overcapacity both in Thailand and global level. The criteria derived from the international and regional fisheries instruments to manage fishing capacity and address excess capacity and/or overcapacity problems are also determined and used as a basis to evaluate the adequacy of current legal, institutional and technical management frameworks for managing fishing capacity of Thailand. Based on the analysis, the failure of fishing capacity management currently conducted by Thailand suggests the inadequacy of framework necessarily adopted to effectively manage fishing capacity and address overcapacity problem in Thailand. Gaps and challenges in managing fishing capacity are therefore identified. The lack of comprehensive legal and policy framework is found as one of the significant gaps, and the complexity of the nature of Thai fisheries (multi-gear and multi-species) is one of the big challenges confronted by Thailand in managing its fishing capacity. The thesis lastly provides options and recommendations for Thailand to address such gaps and challenges in order to achieve the effective management of fishing capacity for sustainable fisheries. iii ACKNOWLEDGMENTS First, I would like to gratefully and sincerely thank Prof. Martin Tsamenyi, my supervisor, for his guidance, support and patience that was given me throughout a long period of my studies. He also provided me not only an excellent atmosphere for doing research at ANCORS, but also an opportunity for me to attend the international fisheries conference overseas, which truly benefits my career as a researcher. I would like to deeply thank Dr. Mary Ann Palma, my co-supervisor, for her guidance, understanding and more importantly, friendship. She is not only my mentor, but also a very good friend. She has helped me go through the difficult times of my life while studying PhD. Without her valuable assistance, I would have not completed my studies. I would also like to sincerely thank Prof. Stuart Kaye, the Director of ANCORS for his support, particularly when I returned to ANCORS in February 2015. With his understanding and kind assistance, I was able to extend my studying, and then had a chance to finish this thesis. I would like to specially thank Dr. Lowell Bautista for his guidance and continuous support. He always cheered me up whenever I had a rough time, and never hesitated to offer me his help. Without his support, I would have not gone through the last stage of my studying. Deepest thanks from me go to Ms. Myree Mitchell, for always taking good care of me throughout the period of my studying at ANCORS. She also made me feel like staying home there. I always enjoyed working with her as her assistant to organise short courses at ANCORS which definitely provided me a good experience, apart from doing PhD research. To all ANCORS staffs and students who I may not be able to state all names here, I would like to thank them for helping me, one way or another, to go through a very long journey of my PhD studying. iv More importantly, from the bottom of my heart, I would like to thank my family in Thailand, especially my aunts, for always giving me the great support in whatever I do, including doing this PhD in Australia. Last but not least, I would like to express my deep gratitude to the Royal Thai Government and the University of Wollongong for providing me the scholarships to do PhD at ANCORS. Without this financial support, conducting this PhD thesis would have never been happened and completed. v TABLE OF CONTENTS CERTIFICATION ii ABSTRACT iii ACKNOWLEDGMENTS iv TABLE OF CONTENTS vi LIST OF FIGURES xi LIST OF TABLES xiii LIST OF ACRONYMS xiv CHAPTER 1: Introduction 1 1.1 Fundamental Principles of Capacity in Fisheries 2 1.1.1 Fishing Capacity 2 1.1.1.1 Excess Capacity 5 1.1.1.2 Overcapacity 6 1.1.2 Overfishing and Overexploitation 8 1.1.3 Capacity Utilisation and Overcapitalisation 10 1.2 Overcapacity Problem in Global Context 10 1.3 Overcapacity Problem in Thailand 15 1.4 Objectives of the Thesis 19 1.5 Research Questions 20 1.6 Research Hypothesis 20 1.7 Scope and Limitation of the Thesis 20 1.8 Analytical Framework 20 1.8.1 Desktop Research 21 1.8.2 Criteria to Determine the Adequacy of the Legal and Policy Framework to Manage Fishing Capacity 21 1.9 Thesis Structure 22 1.10 Research Significance 24 Chapter 2: Context Setting of Thai Marine Fisheries 25 2.1 Introduction 25 2.2 Profile of Marine Capture Fisheries of Thailand 25 2.2.1 Marine Capture Fisheries in Thai Waters 30 2.2.2 Thai Marine Capture Fisheries beyond National Jurisdiction 35 vi 2.2.2.1 Thai Fisheries in EEZs of other Coastal States 36 2.2.2.2 Thai Fisheries on the High Seas 40 2.3 Production, Value and Fishing Effort of Marine Capture Fisheries in Thailand 43 2.3.1 Small-scale Fisheries 44 2.3.1.1 Fishing Effort of Small-scale Fisheries 47 2.3.1.2 Production and Value of Small-scale Fisheries 50 2.3.2 Large-scale Fisheries 54 2.3.2.1 Fishing Effort of Large-scale Fisheries 55 2.3.2.2 Production and Value of Large-scale Fisheries 57 2.4 Catch Per Unit Of Effort of Marine Capture Fisheries in Thailand 60 2.5 Legislative Framework for Fishing Vessels Registration and Fishing Gears Licensing in Thailand 63 2.5.1 Fishing Vessels Registration 63 2.5.2 Fishing Gears Licensing 67 2.6 The Master Plan for Marine Fisheries of Thailand 74 2.7 Conclusion 79 CHAPTER 3: Legal and Policy Framework for Fishing Capacity Management in Global and Regional Context 80 3.1 Introduction 80 3.2 Legislative Framework for Fishing Capacity Management at Global Level 81 3.2.1 International Legally Binding Instruments 81 3.2.1.1 The 1982 United Nations Convention on the Law of the Sea 82 3.2.1.2 Agreement to Promote Compliance with