UNEP/SCS/National Report 6 - Thailand National Report of Thailand on the Formulation of a Transboundary Diagnostic Analysis and Preliminary Framework of a Strategic Action Programme for the South China Sea THAILAND
National Report for the Transboundary Diagnostic Analysis and Preliminary Framework of a Strategic Action Programme for the South China Sea
Prepared by
Office of Environmental Policy and Planning Ministry of Science, Technology and Environment Kingdom of Thailand
January 1999
(With funding from GEF through UNEP EAS/RCU) Contributing Institutions and Individuals
Babtie BMT (Thailand) Company Limited Mr Yossiri Promchuakaew
Chulalongkorn University Faculty of Economics Associate Professor Dr Charit Tingsbhat Dr M.L. Suthawan Sathirathai Faculty of Science Associate Professor Dr Padermsak Jarayabhan Assistant Professor Dr Suraphol Sudara Assistant Professor Dr Charoen Nitithamyong Dr Anond Snidvongs Ms Aporn Pophongwiwat Ms Waleerat Musigasung Social Research Institute Dr Narumon Hinshiranan Environmental Research Institute Mr Pitee Krasinsri
Department of Environmental Quality Prmotion Ms. Savitree Srisuk
Department of Fisheries Fishery Economic Division Mr Pongpat Boonchuwong Foreign Fisheries Affairs Division Mr Prasit Kongpornprattana Aquatic Animal Natural Resource Museum Institute Dr Chavalit Vittayanond Mr Bumrungsak Chatananwet Ms Montira Piumtipanus Phuket Marine Biological Center Ms Kanjana Adulyanukosol Marine Shrimp Research and Development Institute Mr. Siri Tookwinas Ms Sarocha Roonsiri Ms Chutima Chomwilai Marine Fisheries Division Mr. Somsak Chulasorn Mr. Rangsan Chayakul
Department of Industrial Works Ms Yajai Kachornworawatanakul
Department of Mineral Resources Environmental Division Mr Anu Kalprawit Ground Water Division Ms Oranuj Lorphensri Mineral Fuels Division Mr Narong Bangtamai Mr Somchai Pum-im Mr Vichai Taranajesda i Envi Concept Co, Ltd
Federation of Thai Industry Dr. Pisamai Iansakulrat Mr Pongsatorn Arthornturasook
Harbour Department Coastal Dredging and Maintenance Division Mr Kanoksak Hirunthananontha Waterways Transport Inspection Division Mr Chairat Rungsopsang Survey and Mapping Division Dr Pramot Sojisuporn
Industrial Standard Office Ms Sowanee Sevananit Mr Samneang Putto
Land Development Department Mr. Kamron Saifak
Mahidol University Dr. Suvalak Nateekarnchanalarp
Meteorological Department Meteorological Observation Division Mr Boonthum Tanglumlead Climatology Division Mrs Wanida Sooksuwan Mrs Sudaporn Nimma
MIDAS Agronomics Co. Ltd. Mr Buntoon Srethasirote
Naval Operations Department Captain Buncherd Sriphraram RTN Cmdr Talergsak Sirisawat RTN
Office of Environmental Policy and Planning Natural Resources and Environmental Management Division Dr Sirikul Bunpapong Mr Narong Veeravaidhaya Mr Ramate Sukpum Environmental Impact Evaluation Division Mr Peerapon Dechachart Mr Theera Junpet The Environmental Fund Office Mrs Nisanat Sathirakul Ms Orawan Danaibuthr
Office of the National Economic and Social Development Board Technology and Environmental Planning Division Ms Charunee Saksirisampan Ms Chuleeporn Bunyamalik iiii Pollution Control Department Water Quality Management Division Dr Pornsook Chongprasith Mr Watana Sukasem Dr Vithet Srinetr Mr Akaluk Yenpiem Ms Atcharawadee Sattayapanich Mr Chaiwat Prakirake Ms Kingdao Intarukdach Ms Pimon Watanamahart Mr Suwatchai Supatanaset Mr Sittichai Srimechai Legal and Complain Division
Port Authority of Thailand Dredging Division Mr Sugris Isorkul
Provincial Water Works Authority Mr Somkiat Kiriyakakul
Royal Forestry Department Mr Chalernsak Chotimas
Royal Irrigation Department Mr Thongchai Chuchartpong Mr Pipop Chantanawarangkul Mr Sakpinit Padungkit
South East Asia Global Change System for Analysis Research and Training Regional Center Mr Wirote Laongmanee
Thailand Institute of Marine Affair Development Admiral Thanom Charoenlarp RTN Ms Ankana Siriwiwatananond Dr. Chumporn Pachusanond
The Office of the National Water Resource Committee Legal Subdivision Mr Phiphat Gunjanaphurk
Tourism Authority of Thailand Ms. Yuwadee Nirattrakul
The Wildlife Fund Thailand Mr Somchai Mahagullayanakul
Walailak University Department of Biology Assistant Professor Dr Pitiwong Tantichodok
iiiiii CONTENTS
1.0 INTRODUCTION...... 1 1.1 AIM OF THE REPORT...... 1 1.2 MAJOR WATR-RELATED ENVIRONMENT PROBLEMS...... 1 1.3 COUNTRY BACKGROUND...... 1 1.4 GEOGRAPHIC DIVISIONS USED IN THE ANALYSIS...... 3 2.0 DETAILED ANALYS IS OF MAJOR WATER-RELATED CONCERNS AND PRINCIPAL ISSUES ...... 4 2.1 POLLUTION...... 4 2.1.1 Sources of pollution ...... 4 2.1.2 Pollution hot spots ...... 8 2.1.3 Sensitive and high risk areas...... 8 2.2 FRESHWATER SHORTAGE AND DEGRADATION OF ITS QUALITY...... 9 2.2.1 Surface water ...... 9 2.2.2 Groundwater...... 18 2.3 EXPLOITATION OF LIVING AQAUTIC RESOURCES ...... 20 2.3.1 Living freshwater resources ...... 20 2.3.2 Living marine resources...... 21 2.4 MODIFICATION OF AQUATIC HABITATS ...... 24 2.4.1 Freshwater habitats ...... 24 2.4.2 Marine habitats...... 26 3.0 ANALYSIS OF THE SOCIAL AND ECONOMIC COSTS OF THE IDENTIFIED WATER- RELATED PRINCIPAL ENVIRONMENTAL ISSUES ...... 39 3.1 WATER USES ...... 39 3.2 FISHERIES RESOURCES ...... 40 3.3 INDUSTRIAL WASTE...... 40 4.0 ANALYSIS THE ROOT CAUSES OF THE IDENTIFIED WATER-RELATED ISSUES ...... 41
5.0 CONSTRAINTS TO ACTION...... 48 5.1 PERSONNEL CONSTRAINTS...... 48 5.1.1 Shortage of qualified personnel in government offices...... 48 5.1.2 Hiring foreign experts in environmental projects...... 48 5.2 INSTITUTIONAL CONSTRAINTS...... 48 5.2.1 Centralized government system exerts top-down approach...... 48 5.2.2 Lack of public involvement in decision-making on mega projects ...... 49 5.2.3 Lack of cooperation among government offices and between government offices and non- governmental organizations...... 49 5.2.4 Lack of reliable data and versatile information on environmental conditions...... 50 5.2.5 Overemphasis on certain industries for the sake of incoming money and development ...... 50 5.2.6 Policy makers insensitive to socio-economic dynamism...... 50 5.3 LEGAL CONSTRAINTS: LAWS, REGULATIONS AND ENFORCEMENT...... 50 5.3.1 Loopholes in laws and regulations...... 50 5.3.2 Legal emphasis on punishment instead of rewards or incentive-building...... 51 5.3.3 Lack of an appropriate law for government agencies to control and manage beyond territorial waters ...... 51 5.4 CULTURAL CONSTRAINTS...... 51 5.4.1 The Thai worldview: fatalism, tolerance and apathy...... 51 5.4.2 Love of enjoyment, entertainment, consumerism and conspicuous consumption ...... 52 5.4.3 Patron-client relationship and system of dependency...... 52 5.3.4 "Wrong" type of environmental education...... 53
iv 6.0 ONGOING AND PLANNED ACTIVITIES RELEVANT TO THE IDENTIFIED ISSUES...... 53 6.1 SURFACE FRESHWATER QUANTITY AND QUALITY MANAGEMENT ...... 53 6.1.1 National Policy for 1997-2000 concerning freshwater resources in Thailand ...... 53 6.1.2 Overlapping mandates ...... 55 6.1.3 Existing laws and regulations on water quality management...... 57 6.1.4 Activities undertaken by the Government ...... 66 6.2 GROUNDWATER ...... 70 6.3 MARINE/COASTAL HABITAT/ECOSYSTEM DESTRUCTION...... 73 6.3.1 Mangrove ecosystem...... 73 6.3.2 Forest laws and regulations...... 75 6.4 DECLINE IN FISHERIES RESOURCES ...... 77 6.4.1 Government policy with respect to the fisheries sector...... 77 6.4.2 Laws and regulations...... 81 6.4.3 Fisheries management authorities ...... 83 6.4.4 Mechanisms, programmes and projects in support of fisheries management ...... 83 6.4.5 International cooperation problems and constraints in fisheries management...... 85 6.5 DETERIORATION OF SEAWATER AND MARINE SEDIMENT QUALITY...... 86 7.0 SPECIFIC ACTION PROPOSED FOR EACH IDENTIFIED ISSUE...... 91
7.1 ISSUES/PROBLEMS...... 91 7.2 OVERALL OBJECTIVES...... 92 7.3 ACTIONS/ACTIVITIES...... 92 7.3.1 Development of a sea classification system...... 92 7.3.2 Network of marine geographical information system for resource and environmental management ...... 92 7.3.3 Formulation of national policy, action plans and strategy...... 93 7.3.4 Drafting of the EEZ and Continental Shelf Laws for Thailand...... 94 7.3.5 New Technology Research and Development ...... 95 7.3.6 Institutional capacity enhancement...... 95 7.3.7 Demonstration Program and Technical Support for Local Community Management and Conservation Programme ...... 96 7.4 APPENDIX TO CHAPTER 7--PROPOSED ACTION SUMMARY/BRIEF ...... 97 8.0 IMPLICATIONS OF THE PROPOSED ACTIONS BY SECTOR...... 106
8.1 FINANCE ...... 106 8.1.1 Government ...... 106 8.1.2 Donors...... 106 8.1.3 Private and business sub-sectors...... 108 8.2 NATIONAL SOCIAL AND ECONOMIC DEVELOPMENT POLICY ...... 108 8.3 FISHERIES...... 108 8.3.1 Governmental and intergovernmental...... 109 8.3.2 Large and small scale fishing fleets and fishing cooperatives...... 109 8.3.3 Education...... 109 8.3.4 Independent Think-Tank ...... 109 8.4 AGRICULTURE (COASTAL AQUACULTURE)...... 109 8.4.1 Government ...... 110 8.4.2 Farmers ...... 110 8.4.3 Educational ...... 110 8.4.4 Independent Think-Tank ...... 110 8.5 FORESTRY...... 110 8.5.1 Government ...... 110 8.5.2 Community...... 111 8.5.3 Education...... 111 8.6 MANUFACTURING...... 111 8.6.1 Government ...... 111 8.6.2 Industrial ...... 111 8.6.3 Independent Think-Tanks...... 111 v 8.7 SERVICE ...... 113 8.7.1 Government ...... 113 8.7.2 Operation...... 113 8.7.3 Education...... 113 8.8 LEGISLATIVE ...... 113 9.0 REFERENCES AND SOURCES OF INFORMATION...... 114
9.1 REFERENCES QUOTED IN TEXT ...... 114 9.2 MATERIALS CONSULTED DURING THE PREPARATION OF THIS NATIONAL REPORT BUT THEY WERE NOT SPECIFICALLY CITED ...... 115
vi LIST OF TABLES
Table Page
1.1 Annual gross domestic product in millions of US dollars (by sector)...... 2 1.2 Geographic regions of Thailand ...... 4 2.1 Major pollutant loading (tons per year) into water bodies connected to the Gulf of Thailand divided by region ...... 5 2.2 Direct BOD loading into the Gulf of Thailand by coastal factories...... 6 2.3 Proportion of BOD loading in the lower sections of some major rivers ...... 6 2.4 Maritime accidents between 1973-1996 involving oil leaks ...... 7 2.5 Water demand by different sector in million cubic metres per year...... 9 2.6 Issues in freshwater shortages ...... 11 2.7 Water loss in different sectors ...... 15 2.8 Known areas with contaminated groundwater in Thailand ...... 17 2.9 Inland fishery production by species...... 18 2.10 Catch of marine species from major fishing gears in the Gulf of Thailand, 1971 to 1992....20 2.11 Present annual catch and MSY of some important species in the Gulf of Thailand...... 21 2.12 Selected freshwater habitats in each region...... 22 2.13 Preliminary survey of freshwater wetlands in four regions...... 22 2.14 Mangrove area (in hectares) in Thailand based on LANDSAT data...... 25 2.15 Arbitrary definition criteria for natural (primary) and disturbed/deformed (secondary) mangrove in Thailand ...... 26 2.16 Some conflicts between different sectors in mangrove areas in the Gulf of Thailand...... 26 2.17 Major causes and root causes of mangrove destruction summarized from reports from all coastal provinces...... 27 2.18 The status of land uses (ha) in 1993 in the 3 zones defined for national mangrove by Cabinet Resolution on December 15, 1987...... 28 2.19 Identifiable shrimp farms in Conservation Zone and Economic Zone A, where shrimp farms are prohibited...... 29 2.20 The cost to replant mangrove trres in 1996 back to the level of 1975...... 30 2.21 Outstanding causes of destruction of some seagrass beds in the Gulf of Thailand...... 32 2.22 Zoning of seagrass communities ...... 34 2.23 Proposed seagrass areas for zoning...... 35 4.1 Causes, root causes and socio-economic causes of freshwater shortage ...... 37 4.2 Causes, root causes and socio-economic causes of freshwater quality degradation...... 38 4.3 Causes, root causes and socio-economic causes of coastal erosion...... 39 4.4 Causes, root causes and socio-economic causes of marine and coastal habitats destruction...... 40 4.5 Causes, root causes and socio-economic causes of deterioration of coastal seawater and sediment quality ...... 41 4.6 Causes, root causes and socio-economic causes of deterioration of the decline in fishery resources ...... 42 4.7 Causes, root causes and socio-economic causes of deterioration of eutrophication...... 42 6.1 Standard for potable groundwater quality ...... 65 6.2 Standard of water allowed to be disposed in wells ...... 65
vii Preface
The project GF /ES/FP/1100-97-03 : Formulation of a Transboundary Diagnostic Analysis and Preliminary Framework of a Strategic Action Programme for the South China Sea is funded to a large extent by GEF through a Project Development Facility Grant. It has been developed at the request of the National Focal Point for the East Asian Seas Action Plan at the meeting in Bangkok, 22-26 July 1996. It has been approved by the Twelfth Meeting of the Coordinating Body on the Seas of East Asia (COBSEA) held in Manila, 3-5 December 1996.
The project addresses the transboundary environmental concerns of the South China Sea and especially aims to undertake a large-scale Transboundary Diagnostic Analysis for the South China Sea leading to the future development of a strategic action programme including a cluster of related projects in the fields of marine biodiversity protection; protection of the South China Sea against degradation, particularly pollution from land-based activities; and management of multi-country freshwater basins such as the Mekong and Hong-he Rivers that drain into the South China Sea. Transboundary Diagnostic Analysis needs to be based on available secondary information in the South China Sea region and the causal linkages explaining the extent of the sources and impacts of identified issues will need to include consideration of likely trends in terms of changes in economic development and demographic characteristics.
To prepare for this national report, the Office of Environmental Policy and Planning (OEPP) contracted the Southeast Asia Global Change System for Analysis, Research and Training Regional Center, an affiliation of Chulalongkorn University, to conduct literature survey, interviews, and drafting of report. Two national workshops were conducted during the course of preparation of this report to gather information and action plans of prospect participating agencies in the future. OEPP would like to express thanks to all agencies and individual that made contributions to this national report.
OEPP realizes that the most important obstructions in term of prevention of transboundary environmental problem is due to the lack of awareness in different sectors and the lack of proper legal and institutional instruments. It is hoped that with additional support from UNEP and GEF in the future, some of the key obstruction will be resolved.
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1.0 INTRODUCTION
Thailand as coastal country of the South China Sea has fully aware of the transboundary pollution in this marginal sea and realize that the problem must be solved by a regional cooperation effort and not by individual countries. Preparation of this national report is an effort of the country to show the willingness to participate in such a program
1.1 AIM OF THE REPORT
This national report is aimed to review existing information in Thailand related to transboundary environmental concerns in the South China Sea. Information from published reports, in-house documents and interviews had been compiled according to the outline given by the First Meeting of National Coordinators for the Formulation of a Transboundary Diagnostic Analysis and Preliminary Framework of a Strategic Action Programme for the South China Sea, Bangkok, Thailand 31 March - 4 April 1997. However much of information required by the outline could not be obtained, mainly because of the lack of information and past emphasis of environmental agencies in Thailand had been on local effects of pollution and environmental degradation rather than transboundary. Information concerning economic aspect and cost analysis of issues are also substantially lacking.
1.2 MAJOR WATR-RELATED ENVIRONMENT PROBLEMS
Major environmental problems related to water in Thailand are · Freshwater shortage · Freshwater quality degradation · Marine and coastal environmental quality degradation · Over exploitation of marine and freshwater living resources · Destruction of coastal and marine ecosystem · Threats to endangered species
Theseproblem will be reviewed and discussed in this national report in terms of history, present status, forecasting, causes, economic valuation, policy, past/present/future actions and plans.
1.3 COUNTRY BACKGROUND
Thailand is situated on the South-East Asian mainland, between latitudes 5o 37’ N and 20o 27’ N and longitudes 97o 22’ E and 105o 37’ E. The land area of the country is bound to the north by Myanmar and the Lao People’s Democratic Republic, to the east by the Lao People’s Democratic Republic and Cambodia, to the west by Myanmar, and to the south by Malaysia. The total land area is 513,115 square kilometres, extending about 2,500 kilometres from north to south and 1,250 kilometres from east to west. The total length of coastline is about 2,705 kilometres, 1,840 kilometres in the Gulf of Thailand and 865 kilometres in the Andaman Sea (Indian Ocean). The total inland water area is 45,450 square kilometres, among this 2,050 square kilometres are man-made reservoirs, 2,150 square kilometres are natural lakes, 1,250 square kilometres are rivers, and about 40,000 square kilometres are other types of freshwater bodies.
The country has a population of approximately 59.1 million (1994), of which around 6 million live in the capital city, Bangkok. The most important ethnic minority are Chinese. Other minority groups include Malays, Cambodians, Indians, non-Thai hill tribes, and some Vietnamese.
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Immigration is controlled by a quota system. The population growth rate was 1.4 per cent in 1990. Over 25 per cent of the population lived in urban areas. The gross domestic product (GDP) of the country is shown in the table below.
Table 1.1 Annual gross domestic product in millions of US dollars (by sector)
Sector 1990 1991 1992 1993 1994 Total 74,138 85,680 98,151 110,064 107,918 Agriculture and 6,520 7,401 8,037 6,934 8,473 forestry Fisheries 1,260 1,690 2,193 2,324 2,398 Other 66,358 76,589 87,921 100,806 97,047 Source: SEAFDEC 1997.
In 1987 the infant mortality rate was 35 and the under-five mortality 45 per 1,000 live births. Life expectancy was 63 and 68 years for males and females respectively in 1990.
Thailand's industries have traditionally been closely linked with agriculture. From the post- war years up to the late 1950s, the major processing facilities were rice mills, sawmills, sugar mills, ice factories, tobacco leaf curing plants and cottage or household industries, such as fabric weaving and basketry, to supply local needs. All these industries grew up as a result of free market forces and with limited government assistance.
Modern industrialization started in the early 1960s. Although the first Industrial Promotion Act was promulgated in 1954, it was only implemented in 1960 with the establishment of the Board of Investment. This Act was revised in 1962 to promote investment in specific activities, mainly through tariff protection, tax holidays and reduction of taxes on imported goods in 1972 in accordance with the Government's shift in policy from an import substitution to an export oriented economy.
Growing at an annual average rate of approximately 10 per cent since 1960, in 1988 manufacturing accounted for more than 26 per cent of the national income; employed 8 per cent of the entire labour force; and accounted for 90 per cent of exports and 71 per cent of imports, making it the nation's largest sector.
In 1960, industrial activity concentrated on food processing, which accounted for over one third of total manufactured products. Other significant products were beverages, tobacco, garments and chemical compounds. From 1960 to 1969, the fastest growing was the petroleum products industry, averaging 103.1 per cent a year. However, between 1980-1988 the average growth rate declined to only 3.4 per cent a year as a result of the diversification of the industrial sector.
Intermediate products, among them machinery, electrical machinery, iron and steel, metal products and non-metallic products, also expanded rapidly. As a result of the relatively high growth rates of these industries structural change took place in this sector. Instead of concentrating on a few industries, the manufacturing sector's activities broadened to encompass several new groups of industries. Thus, in 1970 more intermediate products were manufactured, for example, electrical machinery transportation equipment, textiles and garments not only to substitute for imported products, but also for exported products.
In the current phase of Thailand's industrial development, dating from the realignment of the Japanese yen and other major currencies, the country is benefiting from a major regional restructuring
2 National Report of Thailand Page 3 of manufacturing. Production of a new range of intermediate manufactures is being fuelled by a wave of foreign investment and industrial relocation from Japan, Taiwan Province of China and other Asian newly industrializing economies (NIEs), in addition to the United States of America and other countries.
On the whole, the manufacturing sector's performance has been impressive. With its ability to expand and adapt to world market conditions, the country can look forward to further diversification and growth and increased prosperity.
Taking into consideration the availability of resources and the potential of projects already under way, one may expect the following industries to grow in significance over the next decade.
Agro-based industries. At present Thailand has abundant supplies of farm produce. The advantage of establishing additional food processing industries is, therefore, apparent. Large-scale commercial livestock production offers unlimited growth potential. Other agro-based industries with good prospects include palm oil, vegetable oil, canned fruit and paper pulp.
Non-ferrous construction materials. Thailand's cement industry reputedly was a net exporter. But during the uncertain period following the oil crises, the Government took measures to control inflation by freezing the prices of major commodities including cement. As a result, investment in this industry was delayed and the country became a net importer of cement. By mid-1979, however, with government encouragement, a massive expansion of capacity was under way which turned Thailand back into a net exporter of cement by 1982. Other construction materials with strong potential are aluminum, glass and ceramics. The economic boom of 1987-89 led to another surge in the construction sector.
Light machinery and equipment. Effective 1 January 1987, the Government in July 1986 advised local passenger car assembly plants that they must use not less than 54 per cent of locally-produced components. This measure has helped to accelerate the production of automotive components. This prospect has been further enhanced by cooperation among the Association of South East Asian Nations (ASEAN) countries to expand intra-ASEAN trade, thus enlarging the market for individual countries. Other activities include the production of agricultural machinery, diesel engines, drilling and welding machines.
Chemical products. With current market demand, the chemical products industry is expected to expand rapidly over the next few years. Items in this group include herbicides, acetylene black, glue gelatin and cellulose acetate.
Mineral processing industries. Developments in this sector point to future expansion of zinc, rock salt and gypsum processing facilities.
In summary, Thailand's prospects for industrial exports in the near future appear bright. This assessment is based on five major factors: capable producers who now have a strong and flexible agricultural base; much closer contact with world markets than before; low-cost skilled labour capable of producing advanced industrial products; the dynamism of East Asian trade and investment growth, and a relatively well-functioning economic system free from distortion by high levels of protection or rapid inflation.
1.4 GEOGRAPHIC DIVISIONS USED IN THE ANALYSIS
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Generally Thailand may be divided into five geographic regions, north, north-east, east, central and south. Definition of the region and provinces included, however, depends on the purpose. In this report, the division system for water resource management (National Water Resource Committee) will be used.
Because rivers and streams in the north-east region drain in to the Mekong River, which is an international water eventually discharging through Viet Nam into the South China Sea, it will be excluded from this report which will strictly adhere to the national level of status of aquatic resources in Thailand. In addition, provinces along the Andaman Sea coast which is a part of the Indian Ocean, which is beyond the scope of the South China Sea project, will also be excluded.
The four geographic regions to be covered in this national report will be defined as follows:
Table 1.2 Geographic regions of Thailand
Region Provinces North Mae Hong Son, Chiang Mai, Lumpoon, Lumpang, Chiang Rai, Payao, Phrae, Nan, Tak, Utaradit, Sukhothai, Petchaboon, Pichit, Kumpangpetch, Nakorn Sawan, Uthai Thani and Pitsanulok Central Saraburi, Lopburi, Ayuthaya, Singh Buri, Angthong, Chainat, Bangkok, Nonthaburi, Patumthani, Nakorn Pathom, Samut Prakarn, Samut Sakorn, Kanchanaburi, Ratchburi, Petchburi, Supan Buri and Samut Songkram East Cholburi, Rayong, Chantaburi, Trad, Chachoengsao, Prachinburi, Nakorn Nayok and Sakaew South (Gulf of Thailand only) Prachuab Kirikhan, Chumporn, Surat Thani, Nakorn Sri Thammarat, Pattalung, Songkhla, Pattani, Yala and Narathiwat
2.0 DETAILED ANALYSIS OF MAJOR WATER-RELATED CONCERNS AND PRINCIPAL ISSUES
2.1 POLLUTION
2.1.1 Sources of pollution
2.1.1.1 Rivers
Most municipalities, industries and agriculture in Thailand discharge wastes into nearby waterways or reservoirs and usually not directly into the sea, not even large coastal cities such as Bangkok and Cholburi. The wastes, however, will eventually reach the sea as a part of loading by rivers.
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Table 2.1 Major pollutant loading (tons per year) into water bodies connected to the Gulf of Thailand divided by region (data from 1995)
Region BOD Generated (Ton/Year) Urban Industry Shrimp farm Agriculture Total North(1) 32,635 n.d. n.d. 110,164 142,799 East(2) 5,204 1,508,467 6,237 23,354 1,543,262 Central and Suburb(3) 160,378 146,249 n.d. 49,143 355,770 South(4) 35,540 237,193 7,341 126,867 406,941 Total BOD generated >233,757 >1,891,909 13,578 309,528 2,448,771 Region BOD Discharged (Ton/Year) Urban Industry Shrimp farm Agriculture Total North(1) 21,297 n.d. n.d. 33,049 54,346 East(2) 4,027 301,693 6,237 7,006 318,963 Central and Suburb(3) 129,601 29,249 n.d. 28,122 186,972 South(4) 19,474 11,377 6,566 12,719 50,136 Total BOD discharged 174,399 >342,319 >12,803 80,896 610,417 Total P Generated (Ton/Year) Urban Industry Shrimp farm Agriculture Total North(1) n.d. n.d. n.d. 4,393 4,393 East(2) n.d. n.d. n.d. n.d. n.d. Central and Suburb(3) n.d. n.d. 380 8,523 8,903 South(4) 869 n.d. 219 4,307 5,395 Total P generated >869 n.d. >599 >17,223 >18,691 Total P Discharged (Ton/Year) Urban Industry Shrimp farm Agriculture Total North(1) n.d. n.d. n.d. 1,432 1,432 East(2) n.d. n.d. n.d. n.d. n.d. Central and Suburb(3) n.d. n.d. 380 6,392 6,772 South(4) 585 n.d. 219 1,273 2,077 Total P discharged >585 n.d. >599 >9,097 >10,281 Total N Generated (Ton/Year) Urban Industry Shrimp farm Agriculture Total North(1) 12,576 n.d. n.d. 27,454 40,030 East(2) n.d. n.d. n.d. 6,907 6,907 Central and Suburb(3) n.d. n.d. n.d. 31,009 31,009 South(4) 5,032 8,582 1,787 49,830 65,231 Total N generated >17,608 >8,582 >1,787 115,200 143,177 Total N Discharged (Ton/Year) Urban Industry Shrimp farm Agriculture Total North(1) n.d. n.d. n.d. 8,955 8,955 East(2) n.d. n.d. n.d. 5,180 5,180 Central and Suburb(3) n.d. n.d. n.d. 23,256 23,256 South(4) 3,037 414 1,787 8,208 13,446 Total N discharged >3,037 >414 >1,787 45,599 50,837
Although the data are incomplete, it is likely that by the year 2000 the total BOD loading by all rivers into the Gulf of Thailand could reach the order of one million tons a year. The four major rivers at the head of the upper Gulf account for about 50 per cent of the total loading. The loading of other pollutants, such as metals, has not been quantified by the national authorities.
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2.1.1.2 Coastal cities and coastal population
There are no coastal cities or municipalities in Thailand with a registered population over 100,000 (based on UNEP criteria) that discharge waste directly into the sea. All of them discharge waste into rivers or canals, and therefore are considered part of loading by rivers in this report. However, non-point loading into the sea is very likely even though it could not be quantified.
At present there is no large-scale sewage outfall in Thailand but they are planned for the suburb cities of Bangkok, such as Samut Prakarn. The construction of these outfalls is expected to begin within the next few years.
2.1.1.3 Industrial pollution from coastal installations
The available data are only for small factories while the data for large factories, including several large coastal industrial estates, are unknown even to the officials of the Pollution Control Department. The data indicate that BOD loading by these small coastal installations is quite insignificant compared with that being discharged by rivers.
Table 2.2 Direct BOD loading into the Gulf of Thailand by coastal factories
Type of industry Number of BOD Load (t/y) factories Food processing 65 1937 Textile 26 578 Other 9 90 Total 100 2605
2.1.1.4 Discharge from uplands to lowlands
BOD is again possibly the best indicator for the relative contribution of pollutants by upland and lowland rivers. In general pollution transferred from the upland areas to the lowland is smaller than pollution generated within the lower sections of rivers near the mouth.
Table 2.3 Proportion of BOD loading in the lower sections of some major rivers
River Total length (km) Length of lower BOD loading in sections (km) lower sections (%) Chao Phraya 376 62 71 Ta Chin 318 82 62
2.1.1.5 Ports, harbours and maritime transport
Under normal operations, most cargo and oil/gas ports are not major sources of pollution. Only in fishing ports, where regulations on pollution control are difficult to implement on small boats, is oil pollution from fuel/lubrication oil dumping and bilge water discharge seen. Fishing ports exist in every coastal province and they are usually near to major urban areas, thus making it difficult to separate the contribution from the two sources. There are probably over 10,000 fishing boats of various sizes registered and operating in the Gulf of Thailand. These boats use between 20 - 1000 6 National Report of Thailand Page 7 litres of lubricating oil a year. All of the discarded oil is believed to be discharged into the sea. In addition, leaks and spills of fuel (diesel) oil during filling and transfer occur but this cannot be estimated. Maritime accidents, although still low in frequency, could release significant amounts of oil into the sea.
Table 2.4 Maritime accidents between 1973-1996 involving oil leaks
Area Number Chao Phraya River 23 Bang Pakong River 1 Cholburi Coast 6 Rayong Coast 4 Samut Songkhram 1
2.1.1.6 Sea bed exploration and exploitation
Seismic survey Seismic surveying could interfere with marine mammals and other animals. However, the frequency and extent of seismic surveying in the Gulf of Thailand decreased from 15 times (38,946 kilometres) in 1992 to only 4 times (9,636 kilometres) in 1996 (Department of Mineral Resources.1996).
Well drilling Drilling activity creates and disperses a large amount of drilling mud and cutting to the environment. In 1996 alone 179 wells were drilled to a total depth of 597,580 metres. Roughly about half a million cubic metres of drilling muds and cutting could be produced and possibly discharged annually into the sea near drilling sites.
Processed water Processed water in oil and gas production contains substances such as mercury, arsenic and hydrocarbon. It is estimated that for wells in the UNOCAL concession area alone in 1996 5 kg of mercury, 79 kg of arsenic and 24 tons of petroleum hydrocarbon were generated. The numbers are expected to increase to 16 kg, 251 kg and 78 tons respectively a year within the next few years. However, public concern about this issue has been raised in Thailand and various efforts have been proposed by major oil companies to treat this water. The ultimate goal is the zero discharge of all contaminants into the sea.
2.1.1.7 Marine dumping
At present, there is no known significant direct dumping of any kind into the marine environment. However, local dumping of garbage and other waste has been frequently observed but we do not know of any official records of these activities.
2.1.1.8 Atmospheric input into the aquatic environment
There have been no known reports about atmospheric flux into marine and coastal systems in Thailand.
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2.1.2 Pollution hot spots
Freshwater There are six systems where the water quality index frequently reaches level 5: the lower Chao Phraya River, Pasak River, Petchburi River, Bangpakong River, Rayong River and Songkhla Lagoon. All of the hot spots, except the Pasak River, are within 100 kilometres from the sea coast indicating that it is the estuaries that actually suffer from pollution. Low water quality is usually found between May-July, the period when runoff is small. Low oxygen, high BOD and high coliform bacteria are major causes of pollution, indicating that domestic as well as industry origins produce organic wastes. Trace and/or heavy metals have been found in high concentration in some rivers occasionally, but there is still no conclusive evidence about metal pollution in Thai rivers.
Marine system
Water quality All marine hot spots, in terms of water quality degradation, are related to river mouths. Usually seawater within tens of kilometres from polluted rivers, such as the Chao Phraya, are always in poor quality. However, seawater away from river mouths is usually of acceptable quality.
Eutrophication Eutrophication, mainly Noctiluca, occurs everywhere in the upper Gulf of Thailand, especially during the high river runoff period. Eutrophication was also found near other river mouth areas such as Ban Don Bay and off Songkla Lagoon, possibly because of nutrient input from the land. The extent of phytoplankton bloom is usually limited to few tens of kilometers from major riverine discharge points. Physical transport processes play a very important role in controlling the extent of eutrophication in the Gulf of Thailand.
2.1.3 Sensitive and high risk areas
Most of the nearshore areas in the Gulf of Thailand are considered sensitive because they are usually spawning grounds for several marine and brackish water species. They are also important for small-scale local fisheries which operate subsistence fishing practices. Many of the areas are prime tourist spots which generate high income at local and national levels.
The head of the upper Gulf of Thailand About 50 per cent of all contaminants discharged into the Gulf of Thailand comes from four rivers, the Chao Phraya, Ta Chin, Mae Klong and Bang Pakong. The standing wave and strong front in the upper Gulf limit the exchange of coastal water with offshore water and thus contaminants accumulate in nearshore sediments. In addition the navigational channels in the river mount area are usually treacherous and prone to accident, for example the Bangkok Bar Channel, where thousands of cargo ships and tankers navigate annually, has a navigational lane which is only a few hundred metres at its narrowest point.
Ban Don Bay Although contaminant loading by Tapi-Pum Duang River system is still small compared with the major rivers in the upper Gulf of Thailand, the bay is more open and contaminants can be transported far offshore. Despite shell fish culture in the bay, there are many well developed coral reefs and Seagram communities around nearby islands as well as spawning grounds for Indo-Pacific mackerel, the most important marine fish in Thailand, which are sensitive to degraded water quality.
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Rayong Petrochemical and other industries have been developed in this Eastern Seaboard area. Although in the past major accidents and contaminated spill were rare occurrences, the Pollution Control Department is keeping a close watch of this area. Coral reefs and seagrass have been found.
Songkhla Lagoon The brackish water in the lagoon near the city of Songkhla is constantly contaminated by high BOD and coliform bacteria, possibly because of the restricted exchange between lagoon water and seawater.
2.2 FRESHWATER SHORTAGE AND DEGRADATION OF ITS QUALITY
2.2.1 Surface water
In Thailand rainfall is the only source of freshwater. Freshwater from the Mekong River, which originates from ice melt in the Sino-Tibetan Plateau, could be important for the north-eastern region of the country but it is beyond the geographic coverage of this report.
2.2.1.1 Surface water demand and supply
Table 2.5 Water demand by different sector in million cubic metres per year
Northern Central Eastern Southern Total Seasonal rice 26,141 1,354 6,155 7,694 41,344 Off-season rice 2,281 1,524 994 5,600 10,399 Other crops 1,823 18,208 5,600 16,800 42,431 Domestic 241 946 110 176 1,473 Industry 7 95 78 180 Other 16 24 60 100 TOTAL DEMAND 30,493 22,048 12,978 30,408 95,927 Rainfall 221,600 83,500 78,200 118,900 502,200 Demand:Rainfall 14 26 17 26 19 (%)
Rice farming is by far the largest water user in the northern region while other crops are the largest water users in the central and southern regions. Domestic and industrial uses are much smaller users than the agricultural sector. In terms of supply from rain, even though it seems water demand is only a small fraction of rainfall, because evaporation, evaporotranspiration and groundwater recharge data are not well estimated, no conclusions about water shortages can be drawn from table 2.5. However, it is well known that on a local scale water shortage occurs in the dry season, especially the rain shadow areas such as in Prachinburi-Sakaew in the east and Uthaithani-Tak in the north-west.
2.2.1.2 Problems and causes
Thailand is now facing a water shortage problem caused by several factors:
(a) The decrease of forested area reduces the quantity of water absorbed by trees during the rainy season and later gradually released in the dry season which could to a certain extent prevent flood and drought;
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(b) The water has been used not only for domestic consumption but also for leisure, golf courses, off-season rice-growing, industry, power production, navigation and seawater intrusion prevention;
(c) There have been ideological conflicts concerning water storage systems among water resources developers, public officials and environmentalists. One line of thought believes that in order to solve the water shortage problem, large dams or reservoirs should be built since the water could benefit from economies of scale, could be used very efficiently and for multipurposes. Small reservoirs and weirs should not be unsystematically built upstream because they may not be economically feasible or could adversely affect the operation of large-scale projects downstream. The other group of people, particularly environmentalists and workers from non-governmental organizations, say the opposite. They believe that the construction of weirs or small reservoirs would not damage limited forested areas and benefit directly local people living nearby. It should be pointed out that despite high economical benefits from large-scale water development projects as agreed by most engineers and economists, the beneficiaries so far have seemed to be people in the cities, not people in the countryside. It is therefore proposed that large water development projects could be implemented so long as the benefits from such projects are equitably shared by people adversely affected by the implementation of the projects;
(d) Uneconomical use of water is another cause of water shortage. For example, farmers themselves sometimes do not apply good farming methods to contain water on their land, water is used for golf courses, and modern water-flushed toilet bowls are used instead of traditional toilets;
(e) The organization for water resources management in Thailand is not complete. Users can freely bring surface water from outside the irrigation area, resulting in an uneconomical use of water under the present laws, the rights for water uses are not clear. The current administrative system allows those with high technology or political power uncontrollable use. Therefore, the water management system creates problems concerning efficiency and fairness;
(f) The organizations related to water management cannot solve the water crisis. The Royal Irrigation department should have a right to water allocation instead of water procurement. Conflicts between upstream and downstream users have been increasing. The existing mechanisms cannot allocate supply in one place and demand in the other. Therefore, water shortages and uneconomic water use always occur;
(g) The many laws and water management organizations have created overlapping problems in the scope of work. For example, there are different standards from different organizations to control water pollution;
(h) Response to the water crisis in Thailand currently consists of improving coordination between organizations. A Ministry of Water Resources has been proposed to gather together all the organizations relating to water resources management but it has not yet been established. However, a water allocation mechanism is definitely needed to determine water permits for both the government and private sectors;
(i) Central command and control is probably worthwhile for the initial stage of water resources management. When the number of water users is widely increased, local
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organizations should be responsible for water allocation and maintenance. Protests from users may be possible as they prefer to use free irrigation water;
(j) According to the existing laws and regulations relating to water resources, the State does not have adequate powers to effectively control water use. The first legal issue is that not all types of use and water sources are subject to legal control. Although several pieces of legislation have been passed to control water utilization, their application is limited to certain water sources or cases as discussed below:
(i) The Public Irrigation Act (B.E. 2485) empowers the Government to control water use, mainly for agriculture, in the so-called "irrigation area". Water users in such an area are required to obtain permission from officials and to pay for the use of water from the designated "irrigation canal". The Private Irrigation Act (B.E. 2482) subjects all kinds of private irrigation systems to government control except those undertaken on a temporary basis or for an area not larger than 200 rai. In spite of the extensive powers of the State authorized by these Acts to control or manage water use, there are some large areas subject to no laws;
(ii) Underground water is also taken for agricultural use during the dry season in the areas outside the application of the Underground Water Act, B.E. 2520. Such abstraction could affect water levels in public surface water sources;
(iii) There is no legal control of large-scale water use. Section 1355 of the Civil and Commercial Code stipulates that a riparian landowner is entitled to utilize water in a waterway only for the reasonable needs of his land. This means that the amount of water allowed to be used depends on the size of the land and activities thereon. This approach creates problems of competing use between upstream and downstream, particularly in the densely populated areas and for large-scale water uses;
(iv) The present laws have not prioritized water use. During water shortages, the upstream water users seem to have priority over their downstream counterparts.
Table 2.6 Issues in freshwater shortages
Principal issues Sub-issues Uneven distribution of rainfall (temporal and · El Nino spatial) · Different Asian-Australian monsoon · Different storm patterns Insufficient/inappropriate storages and · High cost associated with reservoir reservoirs construction in sandy area · Conflicts between reservoir construction and natural resource conservation Insufficient irrigation/water supply network · Overuse of water by some sectors · Lack of water conservation awareness · Lack of regulation · No regulation on types of industries with respect to water demand in each zone · Luxury consumption in urban areas · Inappropriate agriculture practices with
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respect to water supply in some zones 2.2.1.3 Surface water quality: issues and causes
A study of the water quality in all the rivers in Thailand conducted by the Pollution Control Department has indicated that some portions of some rivers have deteriorated. The causes of low quality freshwater resources are as follows:
(a) Major sources of pollution come from households, hotels, restaurants and hospitals. These domestic wastes without treatment or not efficient treatment are rich in organic matter and therefore mainly affect the dissolved oxygen level in water and the level of nutrients. A study by the Pollution Control Department in 1997 indicated that 75 per cent of wastewater discharged into the lower Chao Phraya basin from Patum Thani to the river mouth of the Chao Phraya is from domestic waste;
(b) The major categories of water-borne pollution include BOD, COD and other standard industrial pollutants (such as total suspended solids, ammonia, phosphorus, sulfide, nitrate, sulfate, chloride, oil and grease). The major industrial sources of these pollutants include fertilizer plants, refineries, pulp and paper mills, metal plating factories and chemical and metallurgical industries. In terms of the more organic waste load (BOD), the major polluting industry subsectors are food industries, alcohol distilleries, tanneries, pulp and paper mills, oil and fat processing and pharmaceutical plants. In Thailand, approximately 20,000 of the factories registered with the DIW are classified as water- polluting industries. The industrial contribution of BOD pollutants is estimated at approximately 25 per cent in Bangkok;
(c) The settlement of communities near public water sources, which is the old Thai way of life, has caused water pollution because wastewater could be directly discharged into public water sources. One way to solve this problem is to prohibit the settlement of houses or buildings near public water sources but it seems to be impractical and would raise strong public resistance because substantial parts of river banks have been occupied by a large number of dwellers. Thus, it should prohibit only new settlements. Section 43 of the ECNEQ Act, B.E.2535 empowers the MOSTE to proclaim protected areas along the rivers within which a regulation may be issued to ban building construction;
(d) There is an overlapping power between the pollution control official and the official under the Factory Act. This Act, however, the cooperation between the Pollution Control Department and DIW have provide better authorization; (question?)
(e) The Factory Act (B.E. 2535) and the ECNEQ Act (B.E. 2535) focuses only on the control of pollution discharges to meet effluent standards but fails to examine the possible carrying capacity of water sources at a particular point in time in absorbing pollution discharges which are not harmful to the public;
(f) Penalties in some acts are minimal, such as the Water Hyacinth Eradication Act, B.E. 2456, which stipulates a fine not exceeding 10 baht or imprisonment not exceeding seven days. This was not considered to be severe. This Act controls water pollution in the agricultural sector requiring those within whose land water hyacinth grows to destroy such water hyacinth and also empowers the authorities to order persons to collectively eliminate water hyacinth for the common interest;
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(g) Section 28 of Royal Irrigation Act, B.E.2485 prohibits the dumping of garbage or the discharging of polluted water or chemicals into irrigation canals. However, the area covered by this Act is limited to irrigation canals and not other water sources. Besides, the prohibition does not include chemicals used in agriculture, such as pesticides. To fill the gap in the Royal Irrigation Act, the Hazardous Substance Act, B.E. 2535 can authorize the relevant authorities to control hazardous substances in certain areas under Section 16 and Sections 22-24. Another problem for Section 28 of the Royal Irrigation Act is the implied requirement that the waste discharged must be in an amount that can cause substantial damage to the water of the irrigation canal. This Act and the ECNEQ Act, B.E. 2535 do not cover cases where pollution discharge is minimal or no specific source of pollution can be traced;
(h) The principal legislation for controlling pollution from households or communities is the Public Health Act, B.E.2535 which authorizes local officials or public health officials to control the dumping of garbage or refuse into water sources and the contamination of water sources which may be harmful to human health. Such officials may prescribe local ordinances controlling the disposal of garbage by designating the place for disposal to prevent people from littering with toxic substances (Section 237) or clogging the sewerage system (Section 375). However, the Code does not provide penalties for a single disposal of a small quantity of articles in the waterway even though the resulting accumulation could be harmful;
(i) Lack of subordinate laws is another obstacle for effective law enforcement. Legislation provides for measures to control water pollution in the form of Ministerial Regulations and Notifications. In practice, however, such necessary subordinate laws have not been prescribed. For example, effluent standards of wastewater from households do not appear in the Ministerial Regulation, No.33 (B.E.2535) prescribed pursuant to the Building Control Act, B.E.2522. The rationale behind such absence seems to be the ever-increasing cost of wastewater treatment. An elected government may not wish to impose such a burden on the people for fear that such an imposition would affect its support in the next election;
(j) Effective enforcement of law is essential to the protection and control of water pollution. Although the law requires the installation of wastewater treatment systems in factories, such systems are not operated by the factory owners in order to save production costs. As a result, the discharge of waste and wastewater is common. This is exacerbated by the shortages of manpower on the part of responsible government bodies as compared with the soaring number of factories, especially within Bangkok and its provincial areas. Law enforcement is ineffective because of corruption on the part of government officials and the unscrupulous influence of some politicians who intimidate or use their power over responsible officials who are subsequently discouraged from performing their duties;
(k) Direct public control of consumption may impose some difficulty, particularly with respect to the collection of evidence against the offenders and the financial requirements for legal action as well as the time spent on such action. Moreover, insufficient collection of evidence may result in the dismissal of an action by the court and such action cannot be brought again by the public prosecutor against the same offenders for the same offence (Criminal Procedure Code, Section 39(4). This could cause the dismissal of any relevant civil action on the ground that it involves both criminal and civil matters and as a result
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an injured person may not receive compensation (Criminal Procedure Code, Section 46). Non-governmental organizations, such as water users organizations which are keen on environmental protection and equipped with legal experts, should therefore be allowed to bring a criminal action in their own right against offenders. This approach is new to Thai legislation. So far the ECNEQ Act, B.E.2535 has allowed registered non-governmental organizations to bring legal action into court only when authorization from an injured person has been obtained which is in fact a well-recognized principle under the Criminal Procedure Code as reflected in several Supreme Court decisions;
(l) Laws for water pollution control tend to adopt more severe punishment in terms of imprisonment and fines. However, compliance with the law does not only depend upon the imposition of a severe penalty but also upon strict enforcement with no discrimination against any particular group of people;
(m) Administrative fines are a new kind of sanction which has been proposed as distinct from fines as criminal sanction. This sanction is a strategy for the administrative officials to enforce the law which bypasses the criminal process. However, this strategy needs to be introduced clearly to officials who are used to the old concept of criminal fines and still enforce criminal fines in the other laws. The concept of administrative fine is similar to that in Sections 37-38 of the Criminal Procedure Code of some environmental protection acts which has not been clearly defined as an administrative fine. Thus, the introduction of administration fines may confuse the official who does not understand this concept;
(n) A person causing environmental damage may be held liable under the Civil and Commercial Code which adopts the concept of fault liability in Section 420 and strict liability in Sections 433-437. Compensation awarded under this Code, however, is not adequate since it does not include environmental clean-up costs spent by the Government. Recognizing this problem, the ECNEQ Act, B.E. 2535, Section 96 and 97 stipulates that clean-up costs for damage caused by pollution spent by the Government can be recovered and in cases where natural resources were unlawful damaged, compensation will be for the total value of the natural resources damaged. Nevertheless, the compensation provided by the ECNEQ Act, B.E. 2535 does not cover some items which should pay for restoration, for example, costs of damage assessment and actual costs of water quality restoration. In the case of no-rehabilitation, compensation should include future benefits which, for instance, the State would have directly received from the natural resources destroyed as well as for their lost natural beauty. In addition, the real expenses for claiming in court should be recoverable. All these costs are recognized by the Water Law Draft;
(o) Administrative sanction is clearly specified by law. However, in practice it has not been always enforced for fear of uncertainty of its scope or influence of offenders who may have close connections with local politicians or House representatives.
2.2.1.4 Proposed interventions
1. Official permission should be obtained before the utilization of water except for household use.
2. Both private water users and government agencies or state-owned enterprises wishing to use water are required to apply for a water permit so that all water use can be recorded.
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3. A Basin Commission should be assigned to issue water permits within its basin since it is in a position to know the demand and supply of water. 4. A water permit should be valid for five years and because of the decrease of rainfall in some years its issuance does not guarantee a permit-holder the amount of water specified in the permit.
5. In times of water shortage, the Government may declare a Water Shortage Area where water would be equitably allocated by a Basin Commission and household use would come before other types of water use.
6. The permit system would apply not only to runoff but also to underground water regardless of its depth.
7. Water charges would be varied depending on, among other things, the water user's ability to pay, and costs in constructing, operating and maintaining water distribution systems.
8. Water permits would be transferable and considered as property rights which would certainly cause water users to protect their right to use water.
9. Permit issuers would monitor compliance with conditions in a permit and if non-compliance is found, such a permit could be revoked.
10. The construction of dams is to store upstream resources in order to control the downstream flow. The dams can be large-scale, small-scale and control dam. The small-scale dam would benefit the local community. No such coastal dams have been constructed anywhere in Thailand. Environmental conflicts might be expected. An advantage of this approach is the additional water storage during the dry season and reduced flooding in downstream areas. However, the disadvantages are high cost and economical and political conflicts.
11. A diversion water project should be suitable for water allocation. Currently, there is project for the irrigation area of the Bang Pakong and Mae Klong area. This will minimize the water shortage problem.
12. Mixing the use of surface water and groundwater should be considered. The surface water will be the main use while the groundwater is sustainably used for the high demand of water use. The disadvantage is that the groundwater needs to be well managed.
13. Recycling of water would be costly and risky when a 100 per cent treatment of wastewater could not be achieved. At the present, the chemical industry and pulp and paper industry initiate the recycling of wastewater.
14. Enhancement of efficiency in water use would reduce the quantity of water use by improving the technique or economical incentives for reducing water loss.
Table 2.7 Water loss in different sectors
Transport Use Return to same Water loss water source Irrigation purpose 100% 35-70% 10-25% 20-400% Consumption 100% 15% 50% 35% purpose 100% 10% 60% 30%
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Industrial purpose
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15. The following approaches could provide a sustainable water use strategy:
(a) Rights to water use: This provides the right to water use for the industrial sector. The agricultural sector could apply for the right to water use in relation to irrigation. The advantage would be to improve efficient water use. However, strict control of raw water transport is needed;
(b) Water fee/ land cost: A water fee principal would equally benefit all types of water users. Water fees should be applied to the agricultural sector so that efficient water use would save water quantity. This approach will help the farmer select the plants that need less water during the dry season;
(c) Change in the crop system: This is to encourage the farmer to grow crops that need less water. Mixing crops might be an alternative approach to reduce the quantity of water use for agricultural proposes.
16. Dredging the natural water sources such as ponds, canals should be considered.
17. Construction of water protection dikes to increase water storage should be undertaken.
18. Punishment of offenders may be difficult because of bribery or pecuniary benefits offered to responsible officials by some factory owners. One solution to such problems is to allow the public to take part in law enforcement, such as direct action against the offenders. At present, some legislation provides for such an approach, for example the Factory Act, B.E.2535, and the Building Control Act, B.E.2522 which allows a person sustaining damage or whose living condition is affected to bring action against the offenders. This approach should also be incorporated in other legislation as it would allow the public to check the performances of government officials.
19. Severe penalty of imprisonment and fine will have a psychological effect on the prospective offenders not to violate the laws. However, a key factor in preventing violation of the law is prompt law enforcement with no discrimination against any particular group of people in society regardless of outlaw influence or bribery. Light sentences or parole measures should not be imposed by court only upon rich offenders but upon all people whether rich or poor as they are equal before the law.
20. The power to issue, suspend or revoke a licence is essential for the optimization of water resources, for other natural resources utilization and the control of pollution as supported by the concept of sustainable development. Suspension and revocation of licences are administrative powers to deal with the licensees who violate conditions and requirements of their licence. These powers will take immediate effect on the licensees. However, appeal against such suspension or revocation may be made to the Minister taking charge of such laws for further review.
21. The concept of licence should apply not only to the utilization of water but also the discharge of pollution into public water sources. A licence is required even where such discharge meets an effluent standard.
22. An existing licence could sometimes be revoked without fault for the benefit of a new licence which could yield more benefits or be used in a multi-purposes project. However, revocation
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could be made only after the hearing of testimony and just compensation specified by the issuer of licence is offered to the original licensee by the new licensee. 2.2.2 Groundwater
The groundwater system in Thailand is mainly recharged by rainfall and some influent seepages streams. It is generally available in most rock types, except solid granite and its equivalents. Alluviums are so far the best aquifers while the solution channels or opening of limestone also yield a considerable quantity of water to wells in those areas. In sedimentary, metasediment, metamorphic and volcanic rocks, groundwater occurs only in cracks, joints bedding planes and other fractured systems. The recoverable quantities of water from these rocks depends largely on size, shape, and continuity of the fissures.
Except for the eastern region, aquifers in the other three regions produce a relatively high yield of water. Groundwater is an essential source of clean water for many rural areas. Currently there are over 200,000 wells in the country.
Although groundwater extraction takes place all over the country, only in the vicinity of Bangkok is detail data available. In 1990 about 1.4 million cubic metres of groundwater was drawn a day in six provinces in the central region including Bangkok.
2.2.2.1 Environmental concerns
In addition to land subsidence at a rate of up to 5 cm a year in the vicinity of Bangkok because of groundwater withdrawal, contamination from natural and man-made causes has been reported.
Table 2.8 Known areas with contaminated groundwater in Thailand
Contamination Location Cause Northern Region Fluoride Chiangmai Hot springs Nitrate Agricultural areas Fertilizer Northeastern Region Sulphate Natural gypsum and anhydrite CaCO3 Limestone aquifer Natural Salt Natural rocksalt Iron Natural lateritic soil Nitrate Agricultural areas Fertilizer Central Region Nitrate Agricultural areas Fertilizer Aldrin, Dieldrin Agricultural areas Pesticides Salt Coastal Seawater intrusion Nitrate Agricultural areas Fertilizer Sulphate Seawater? Eastern Region Salt Seawater intrusion Southern Region Arsenic Nakorn Sri Thammarat Natural arsenopyrite Iron Sedimental rocks Natural
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Other trace metals Natural mineral deposits, mining, dressing Source: Summarized from Chufamanee and Tridech, unpublished.
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2.2.2.2 Cause of problems
Overuse of groundwater in the vicinity of Bangkok was caused by an insufficient supply of surface water and piping system, for example in Samut Prakan where heavy industries and urban areas have been rapidly developed since the 1960s. However, recently this problem has been much alleviated.
Prior to the Groundwater Act B.E. 2520 (A.D. 1977), groundwater was considered a free resource. The first groundwater controlled area, Bangkok and vicinities, where the act was implemented was pronounced in 1978 and but it was only in 1994 when the act could be implemented throughout the country.
The problem of groundwater contamination came from many sources, mainly: Agriculture: fertilizer and pesticides especially in the northern and central regions; Natural: Fluorine in the north and arsenic in the south; Mining: Still not clear but it was mentioned in the south; Saltwater: Natural (eastern) and over-extraction (central).
2.3 EXPLOITATION OF LIVING AQAUTIC RESOURCES
2.3.1 Living freshwater resources
2.3.1.1 Status with respect to fishing pressure
There are only two man-made freshwater reservoirs in Thailand where MSY is known (Pranburi and Rajaprapa). Both are in the south and both appeared to be underfished. However, for most natural water resources, such as rivers and streams, it is quite apparent that fishery resources are in a very poor condition.
Table 2.9 Inland fishery production by species
1992 1993 1994 Species Weight Value Weight Value Weight Value (MT) (1,000 (MT) (1,000 (MT) (1,000 US$) US$) US$) Total 132,053 117,509 175,400 176,961 198,053 176,920 Carps, barbels and 27,714 23,643 31,810 37,170 30,700 37,830 other cyprinids Tilapia and other 40,860 21,607 53,950 51,330 63,400 49,730 cichlids Catfishes 7,553 6,725 9,200 14,580 9,850 14,970 Eel (Flutidae) - - 470 40 4,400 90 Eel (Anguillidae) ------Gouramis 6,118 6,458 8,800 6,410 5,240 4,240 Snakehead 13,086 23,471 18,590 35,750 21,410 36,450 Milkfish ------Misc. freashwater 36,629 35,568 52,400 31,070 60,250 31,820 fishes Freshwater 93 37 50 0 2,800 1,790 Crustaceans
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Other - - 130 611 - - 2.3.1.2 Endangered/transboundary/migratory species
Several freshwater animals in Thailand are migratory. However, because the freshwater system under examination in this report is not international water, the problem of transboundary is irrelevant. The only concern is the migration of species between up and down stream, for example the Giant Prawn which is known to spawn in brackish water and migrate to freshwater zones. The construction of dams that completely block the waterway with no appropriate fish passage could cause the disappearance of prawns in the northern region.
2.3.1.3 Major problems/issues
(a) Overfishing (b) Illegal fishing methods (c) Water quality degradation (d) Habitat destruction
2.3.1.4 Proposed interventions
(a) Restocking (b) Fish ladders (c) Strict enforcement of the law against illegal fishing methods (d) Restoration of environmental conditions, water quality, habitat
2.3.2 Living marine resources
2.3.2.1 Status of living marine resources with respect to fishing pressure
According to SEAFDEC (1997) marine species in the exclusive economic zones (EEZs) of Thailand can be divided into three groups as follows:
(a) Pelagic species
Pelagic species are those that dwell and feed near the sea surface. They consume phytoplankton and zooplankton and gather in schools. Usually they are fusiform of body and fast swimming. Several of the pelagic species that are economically important are photophile and migrate between the Thai EEZ and contiguous waters. The pelagic species mainly caught in Thailand are Indo-Pacific mackerel (Rastrelliger brachysoma), Indian mackerel (R. Kanagurta), Faughnis (R. faughni), Barred Spanish mackerel (Scomberomorus commerson), Indo-Pacific Spanish mackerel (S. guttatus), Lined Spanish mackerel (S. lineolatus), Longtail tuna (Thunnaus tonggol), Kawa Kawa (Euthynnus affinis), Frigate tuna (Auxis thazard), Round Scad (Decapterus spp.), Sardine (Sardinella gibbosa), Anchovy (Encrasicholina heteroloba), Hardtail Scad (Megalaspis cordyla ), Black pomfret (Parastromateus niger), Silver pomfret (Pampas argenteus), Banded crevalle (Atule mate), yellow stripe trevally (Selaroides leptolepis), and Bigeye Scad (Selar cruminopthalmus) etc.
(b) Demersal species
Demersal species have their habitat near the sea bottom. They are carnivorous having strong and sharp teeth. Their major food is fish, shrimp, squid etc. The demersal species which are economically important and mainly caught are Lizard fish (Saurida elongata , S. undosquamis, and S.
21 National Report of Thailand Page 22 tumbil), Threadfin bream (Nemipterus mesoprion, N. nematophorus, and N. marginatus), Bigeye (Piracanthus tayenus), barracuda (Sphyraena obstusata and S. langsar), red snapper (Lutjanus lineolatus and L. malabaricus) and yellow goatfish ( Upenus sulphureus). These species move slowly, some are in the EEZs of other countries and some straddle between the Thai EEZs and contiguous waters.
(c) Others species
These species are invertebrate such as squid (Loligo chinensis, L. duvauceli, L. edulis, L. singhalensis, and Sepioteuthis lessoniana), cuttle fish (Sepia pharaonis, S. lycidas, S. aculeata, S. esculenta and S. brevimana), octopus (Octopus spp.), and mairne shrimp (Penaeus semisulcatus, and P. monodon). Squid and cuttle fish are fast-moving species which may straddle between the EEZs of Thailand and neighbouring countries. Octopus and marine shrimp are slow-moving, living in coastal areas and EEZs. These two species may straddle between the EEZs of Thailand and neighbouring countries or migrate between an EEZ and the high seas for reproduction and spawning..
Table 2.10 Catch of marine species from major fishing gear in the Gulf of Thailand, 1971 to 1992
Year Indo- Indian Spanish Small Round Sardine Ancho Lizard Threadfin Bigeye Pacific mack. mack. tuna Scad vies fish bream mack. 1971 38.3 5.4 0.0 3.3 0.5 2.1 7.2 10.2 12.1 10.1 1972 33.4 9.3 1.6 4.1 0.7 8.0 12.8 14.9 18.6 13.8 1973 41.4 12.7 3.6 5.9 14.7 21.7 22.3 11.4 16.1 10.8 1974 34.7 14.0 2.3 6.9 33.3 46.3 19.5 9.8 15.4 11.4 1975 58.9 16.3 5.5 8.0 25.0 49.0 14.7 10.0 17.1 13.3 1976 49.6 19.0 6.2 7.4 82.5 91.8 15.3 9.6 14.5 10.9 1977 26.1 30.3 8.9 11.2 129.8 203.4 9.9 11.3 17.0 16.9 1978 42.3 33.7 6.2 7.1 106.3 133.6 8.5 11.8 20.3 12.8 1979 82.6 24.8 7.4 13.3 27.0 136.3 14.1 9.8 17.0 10.8 1980 47.3 24.9 7.8 12.5 30.2 96.4 16.7 9.5 14.9 15.2 1981 66.1 17.1 9.7 20.0 34.4 129.2 12.1 7.6 16.0 14.0 1982 71.2 18.3 6.9 39.4 32.1 87.9 23.1 7.7 14.4 8.8 1983 60.2 50.6 7.2 82.0 24.5 97.7 38.1 8.5 12.8 10.3 1984 99.6 29.8 8.0 69.4 27.5 83.8 88.8 8.7 12.1 9.3 1985 97.9 32.9 8.4 81.2 25.7 68.4 103.1 8.5 14.8 10.9 1986 88.8 38.8 11.0 90.2 23.9 92.5 58.0 13.3 22.6 17.3 1987 92.2 36.3 11.9 96.1 41.8 83.6 55.5 16.5 29.5 24.1 1988 88.8 18.7 12.1 141.3 14.0 89.1 66.7 16.2 26.5 21.9 1989 92.7 26.5 9.2 124.9 17.3 114.3 94.3 17.2 29.7 21.7 1990 68.2 20.8 9.2 156.3 10.7 90.8 118.7 13.2 26.0 21.2 1991 55.2 16.3 6.1 137.9 22.7 114.2 110.0 19.8 33.8 25.3 1992 88.3 29.3 6.7 157.2 42.5 141.4 120.2 31.8 51.3 36.2 *Purse seine, trawls, push nets, gill nets, and stake traps
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Table 2.11 Present annual catch and MSY of some important species in the Gulf of Thailand
Species Average MSY State of catches (tons) exploitation (tons) Decapterus macrosoma 28,326 29,280 O Megalaspis cordyla 16,373 18,433 O Selar crumenophthalmus 19,981 18,500 F Atule mate 37,392 ? Parastromateus niger 3,165 ? Chirocentrus dorab 4,655 ? Sardinella gibbosa 104,651 110,457 F-O Encrasicholina heteroloba 97,274 106,118 F Lutijanus sebae 4,764 ? Liza vaigiensis 3,585 ? Nemipterus 34,994 21,697 F Eleutheronema 1,979 ? tetradactylum Priacanthus tayenus 27,309 55,916 M Pennahia macrophthalmus 6,303 ? Rastrelliger brachysoma 97,489 94,791 F Rastrelliger kanagurta 32,105 34,282 D Scomberomorus 10,599 14,599 U commerson Thunnus tonggol 65,240 86,000 O Euthynnus affinis 62,284 86,000 M Epinephelus areolatus 2,386 ? Spyraena jello 3,120 M Sauridda undosquamis 21,455 21,303 D Trichiurus lepturus 3,221 ? Source: Saikleang, 1997.
Remarks: R: Recovering. Catches are again increasing after a collapse from a previous high; D: Depleted. Catches are well below historical levels, irrespective of the amount of fishing effort exerted; O: Over-exploited. The fishery is being exploited at above a level which is believed to be sustainable in the long term, with no potential for further expansion and a higher risk of stock depletion/ collapse; F: Fully exploited. The fishery is operating at or close to an optimal yield level, with no expected room for further expansion; M: Moderately exploited, exploited with a low level of fishing effort. Believed to have some limited potential for expansion in total production; U: Under-exploited, undeveloped or new fishery. Believed to have a significant potential for expansion in total production; ?: Not known or uncertain. Not much information is available to make a judgment.
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2.4 MODIFICATION OF AQUATIC HABITATS
2.4.1 Freshwater habitats
According to the first inventory of wetlands in Thailand, major freshwater and coastal wetland areas in Thailand may be grouped according to Table 2.12.
Table 2.12 Selected freshwater habitats in each region
Northern region (9) Area (ha)/length (km) Chiang San Basin 10,000 ha Tha Ton Marsh 6,000 ha Nong Luang 2,000 ha Nong Hang 740 ha Nong Leng Sai 1,050 ha Kwan Phayao 2,300 ha Yom River Floodplain 50,000 ha Bueng Si Fai 810 ha Bueng Boraphet 13,000 ha
Central Region (2) Area (ha)/length (km) Kwae Yai River System 403 km Lower Central Plain 1,900,000 km
Eastern (0) N.A.
Southern Region (5) Area (ha)/length (km) Khao Sam Roi Yot National Park 13,000 ha Tapi River and Nong Tung 6,450 ha Tong Non Non-Hunting Area Thale Noi Non-Hunting Area 45,000 ha Pa Phru (Phru Toh Dang) 34,636 ha
In 1997, the Office of Environment Policy and Planning initiated and funded a national programme to make a systematic directory and database of all wetlands in the country. The final result is not yet finished at the time of writing, but so far a lot more wetlands have been registered and entered into the database (table 2.13).
Table 2.13 Preliminary survey of freshwater wetlands in four regions
Type North Central East South River, canals, streams, waterfalls 144 256 176 1712* Lakes, ponds, reservoirs 512 637 557 41 River floodplains 3 ? ? 13 Flooded marshes, swamps, 2 ? ? 101 grasslands Source: Compiled from internal documents of the Office of Environmental Policy and Planning
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2.4.2 Marine habitats
2.4.2.1 Estuaries and embayments
Estuaries and bays in the Gulf of Thailand have been modified by several causes, the major ones are dredging, coastal and nearshore construction, and pollution.
2.4.2.1.1 Dredging
Most dredging for sea lanes takes place in estuaries. Each year the Harbour Department dredges and maintains up to about 40 channels in the Gulf of Thailand. Up to 4 million tons of sediments are dredged annually (Harbour Department 1995). The Port Authority of Thailand is responsible for the dredging of the main Chao Phraya Channel, the largest single dredging activity in Thailand. Each year over a million cubic metres of sediment are dredged and disposed of a few kilometres downstream of the dredging site. Private companies can also dredge navigational channels after obtaining permission from the Harbour Department. In Rayong province, three companies, Rayong Refinery, Start Petroleum and Rayong Olefin, have permission to dredge in front of their piers and dispose of material at designated locations offshore.
2.4.2.1.2 Coastal construction
Construction in estuaries is for navigation as well as for other purposes. The main construction categories are breakwaters, pier and jetties. Some important principles in the Navigation in Thai Waters Act, B.E. 2456 that regulate dredging and coastal construction are:
(a) Construction of any kind that extends in or over or below any public water bodies must obtain permission from the Harbour Department;
(b) Dumping or discharge of any solids, sewage, liquids or chemicals into any public water bodies must obtain permission from the Harbour Department;
(c) Dredging or changing navigational channels must obtain permission from the Harbour Department.
2.4.2.2 Coral reefs
2.4.2.2.1 Change in area and species composition
Although most of the areas away from river mouths in the Gulf of Thailand are suitable for coral growth, dense coral communities are found only around islands, even though reliable information from elderly people indicated that in the past extensive coral communities and coral reefs could be found at many mainland locations. This might indicate the disturbance caused by human activities on coral reefs for at least 50 years in the Gulf of Thailand. Yet there are very few systematic and repetitive studies of the changes in coral communities in the Gulf of Thailand and if they are available they cover only short periods, i.e., a few years.
Generally there are three types of coral community found in the Gulf of Thailand:
(a) Porites communities are usually found in protected bays or coves where water circulation is weak. The communities are strongly dominated, up to 100 per cent, by the massive Porites lutea 26 National Report of Thailand Page 27 which is a fast growing species (up to 2 cm a year) owing to its porous skeleton. This species can tolerate high suspended solids, fluctuating salinity and temperature, and can be exposed in the air for a longer time than most other corals. Other corals that are fast growing can tolerate stress quite well and frequently coexist with Porite lutea are Goniopora spp., Pavona spp. and Pocillopora damicornis. Porites lutea will be less dominant in areas where the environment is more favourable to other corals, and in such cases more species could be found. This type of community is found in areas with sediment and freshwater runoff from rivers, such as the communities around Sichang and nearby islands in the upper Gulf of Thailand, those around Man Nai and Man Klang island in Rayong province, communities around nearshore islands in Chumporn Bay area, and communities in the southern zone of the Ang Thong National Park;
(b) Acropora communities usually exist in deeper water, being submerged all the time. The area must also have strong water circulation but not breaking waves. Acropora communities may be subdivided into those with non-consolidated substrate and dominated by the open branching form such as Acropora formosa and those with solid substrate and dominated by table forms such as Acropora hyacynthus. Acropora communities, especially the opening branching form, are highly dynamic and can disappear or reappear within a few years;
(c) Cliff communities are found along the rocky cliffs exposed to wind and wave actions. Usually corals grow at least a few metres below the lowest water line but the community can extend to a very deep depth, for example, up to 20 metres. Coral colonies are usually small but the species diversity can be quite high. Many of the coral species found in this environment cannot be found in the other two communities.
2.4.2.2.2 Cause of habitat change
(a) Tropical cyclones
Coral communities along the west coast of the Gulf can possibly be hit by tropical cyclones from the South China Sea. An example was in November 1989, when Typhoon Gay hit southern Thailand and caused significant damage to the coral reef communities of Tao island north of Mae Haad Beach, Tian Bay and Nang-Yuan island, Surat Thani province (Sudara and others 1992a). Although tropical cyclones rarely enter the Gulf, offshore barriers composed almost entirely of old coral blocks found along the north, east and south sides of Ko Samui and Ko Pa-ngan are evidence that heavy storms did occasionally hit these islands.
(b) Siltation and sedimentation
Some coral communities in the Gulf have been exposed to sediment and river runoff, and therefore have adapted to the poor conditions. However, some communities were established under a more favourable environment but when they are disturbed by anthropogenic sediment, they are highly susceptible to drastic changes or are even wiped out completely. Some examples are the coral communities around Ko Saket, Rayong province which have been subjected to high turbidity and siltation from the nearby land reclamation for Map Ta Pud Port (Sudara and others 1992b).
Naval operations have also impacted coral communities at some islands off the Pattaya resort town, such as Phai Island (Sirirattanachai 1994). By using islands as practice targets for bombardment, it increases erosion and smothering effects on nearby corals.
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(c) Dynamite fishing
Dynamite fishing is illegal but has been widely practiced by some fishermen for over 20 years. This activity has now diminished in some localities but it has changed the community composition of many reefs. In Chumporn area which has been heavily blasted, the density and diversity of coral have changed. Only the big massive corals such as Porites lutea have survived (Sudara and others 1991). Dynamite fishing has damaged the coral communities around Samet islands as revealed in the study of Sirirattanachai and Manthachitra (1992) during the period 1988- 199l.
(d) Anchoring of boats
Owing to the rapid expansion of tourism in the Gulf of Thailand, particularly at Samui island, many boats bring tourists for diving and fishing. Moored boats caused heavy damage to the reefs. More than 24 boats drop their anchor at Haad Sai Lee at Tao island daily resulting in the very low cover of hard corals around this area (Sudara and others 1991).
2.4.2.3 Mangroves
Change in area and species composition
The mangrove area in Thailand has gradually decreased. From the first assessment using LANDSAT images in 1975 to the latest data for 1996, about 86, 71, 58 and 73 per cent of the mangrove areas have been destroyed in the inner Gulf, the Gulf east coast, the peninsular west coast, and over the whole of the Gulf of Thailand respectively (table 2.14).
Table 2.14 Mangrove area (in hectares) in Thailand based on LANDSAT data
Year* Region 1975 1979 1986 1989 1991 1993 1996 Inner Gulf 42,772 36,528 3,109 2,106 853 5,951 5,981 Gulf of Thailand East 42,200 38,512 25,743 19,092 10,567 12,420 12,083 Coast Peninsular East Coast 39,500 34,112 19,788 17,191 14,050 16,465 16,614 Gulf of Thailand Total 124,47 109,15 48,640 38,389 25,470 34,835 34,678 2 2 Country Total 312,70 287,30 196,42 180,559 173,82 168,68 167,58 0 8 9 1 3 2 Year 1993 - 1996 based on LANDSAT 1:50,000 images Source: Data from the Royal Forestry Department, and Charuppat and Ongsomwang 1995
Good and diverse mangroves are usually found along the seaward edge of the area. The substrate there is usually fine grain muds. When the mangrove is disturbed, usually the substrate will be harder and contain a larger proportion of sand size particles. The species composition of tree will change to those preferring harder substrate, such as Acrostichum aureun, Melaleuca leucadendron and Acanthus illicifolia (table 2.15). In addition, the number of certain species and individuals of mud skippers and fiddler crabs which are restricted to mangroves will also be reduced.
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Table 2.15 Arbitrary definition criteria for natural (primary) and disturbed/deformed (secondary) mangrove in Thailand
Criteria Natural mangrove Disturbed mangrove Number of tree species >20 <20 Average tree height >20 m <20 m Substrate texture Soft and muddy Hard and more sandy Indicating species · Prong Tha-le (Acrostichum aureun) · Samet (Melaleuca leucadendron) · Ngueak Pla-mhor (Acanthus illicifolia) Source: Pitiwong Tantichodok, personal communication.
Conflicting uses of the area
During the early 1980s when shrimp farming in mangrove areas began to develop, conflicts between shrimp farmers and charcoal makers, the most important human activity in mangroves at that time, occurred occasionally. However it is apparent that at present shrimp farming is the clear winner in terms of land use in the mangroves.
Recently there have been complaints from small-scale fishermen around some mangrove areas that the catch has drastically declined. Although part of the problem might be due to overfishing, breeding and recruitment of mangrove dependent animals, such as white or banana shrimp (Penease merguiensis), could have substantially declined. However, most of the complaints were from the Andaman Sea, for example, Phangnga, where mangrove destruction is still in the early phase, while in the Gulf of Thailand fertile mandgrave have been gone for a long time and so local fishermen have become used to the low catching rate. At present studies are being carried out in the Gulf of Thailand, for example by Chulalongkorn University, to evaluate the importance of mangroves and recruitment of some important marine animals.
There are a few case studies on the conflict between different sectors or occupations in mangroves in the Gulf of Thailand, which can be summarized as:
Table 2.16 Some conflicts between different sectors in mangrove areas in the Gulf of Thailand
Conflicting parties Issues Location Ref Shrimp farms vs rice · Salination of freshwater resource used Songkhla Watanyoo farms for agriculture and domestic use (1995) · Deterioration of water quality due to organic riched mud disposed from ponds Shrimp growout Deterioration of water quality due to Songkhla Watanyoo ponds vs shrimp organic riched mud disposed from ponds (1995) hatcheries Shrimp farms vs Decline of coastal fisheries production by Chantaburi Srethasirote small scale coastal 36% which could not be explained by (1995) fisheries overfishing
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2.4.2.3.2 Causes of habitat changes
Table 2.17 Major causes and root causes of mangrove destruction summarized from reports from all coastal provinces
Causes of destruction Root causes Conversion of land into tiger · Expansion in shrimp especially tiger prawn export prawn farms (general) · Overpromotion and lack of coordination among government agencies · Department of Fisheries uses the shrimp export figure/value as a success criteria of the department · Mangrove area is convenient for shrimp culture, easy access to seawater etc. · Lack of awareness · Lack of effective local resource management programmes Conversion of land into tiger · Lack of patrolling and enforcement prawn farms (public land) · Corruption · Not clearly marked/defined boundary · Approved land development concessions Conversion of land into tiger · Cabinet resolution on 15 Dec 1987 does not cover private land prawn farms (private land) Clearing to make way for · Lack of awareness construction, urbanization, · Lack of patrolling and enforcement factories, and other types of land · Corruption development · Not clearly marked/defined boundary · Approved land development concessions · Development projects by government agencies can be exempted from laws and regulations · Housing to accommodate increasing population and immigration · Lack of effective local resource management programmes · Lack of coordination among government agencies Restriction of water exchange with · Construction of infrastructure like roads, piers, dams etc. the sea · Lack of awareness and understanding · Difficulty to predict indirect effects of construction on mangrove · Lack of effective local resource management programmes · Lack of coordination among government agencies Illegal logging for firewood, · Lack of awareness charcoal, timber · Lack of patrolling and enforcement · Corruption · Not clearly marked/defined boundary Hardening of substrate prohibits · Subsequent effects of land development replantation of true mangrove trees Coastal erosion · Subsequent effects of mangrove clear cutting Garbage dumping and waste water · Lack of awareness discharge from domestic use and · Lack of patrolling and enforcement aquaculture · Not clearly marked/defined boundary · Lack of effective local resource management programmes · Lack of coordination among government agencies · Lack of economical alternatives for waste treatment Dredging for cockles and other · Lack of awareness benthic animals along the outer · Lack of patrolling and enforcement 30 National Report of Thailand Page 31 edge of mangrove · Not clearly marked/defined boundary · Lack of effective local resource management programmes Insufficient information for · Lack of practical researches for conservation national and local level decision · Lack of coordination among government agencies makers · Most researches are descriptive and not prescriptive
Table 2.18 The status of land uses (ha) in 1993 in the 3 zones defined for national mangrove by Cabinet Resolution on December 15, 1987
Conservation Economic Economic Total Zone Zone A Zone B The Gulf East Coast Mangrove 1,437 8,935 2,676 13,048 Shrimp ponds 1,241 17,711 7,033 25,984 Urban areas 56 113 2,316 2,486 Other/unclassified 440 3,445 9,443 13,328 Total 3,174 30,203 21,468 54,845 Central Mangrove 438 18 4907 5,363 Shrimp ponds 883 44 13,230 14,157 Urban areas 119 178 1,452 1,749 Other/unclassified 2,467 732 42,514 45,713 Total 3,907 972 62,103 66,982 Peninsular East Coast Mangrove 1,569 12,245 2,610 16,425 Shrimp ponds 1,244 2,638 17,020 20,902 Urban areas 54 188 329 572 Other/unclassified 3,319 4,140 11,092 18,551 Total 6,186 19,212 31,051 56,449 Gulf of Thailand Sub- Total Mangrove 3,444 21,198 10,193 34,836 Shrimp ponds 3,368 20,393 37,283 61,043 Urban areas 229 479 4,097 4,807 Other/unclassified 6,226 8,317 63,049 77,592 Total 13,267 50,387 114,622 178,276 Country Total Mangrove 23,206 130,597 14,880 168,683 Shrimp ponds 4,472 22,940 37,580 64,992 Urban areas 272 561 4,128 4,961 Other/unclassified 14,729 45,591 73,492 133,813 Total 42,678 199,689 130,081 372,448 Source: Charuppat and Ongsomwang, 1995.
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Table 2.19 Identifiable shrimp farms in Conservation Zone and Economic Zone A, where shrimp farms are prohibited
Region Identifiable shimp Percentage of farms (ha) in identifiable shrimp Conservative and farms in “shimp farm Economic A Zones prohibited” area Gulf of Thailand East Coast 18,952 52 Central (Upper Gulf) 927 19 Peninsular East Coast 3,882 15 Gulf of Thailand Sub-Total 23,761 37 Country Total 27,412 11 Source: Charuppat and Ongsomwang, 1995.
2.4.2.3.3 Impacts of global change
Sea level rise will push both the inner and outer margins of mangroves toward the land. For the natural coastline, the gradual increase in sea level will basically shift mangroves more inland. However, most mangrove forests in Thailand are now backed by rising ground or developed areas which restrict landward migration of the mangrove inner margin. Thus the width of mangrove will be reduced, or even completely destroyed (Boonprakob 1996). However, at some exceptional areas where sediment supply from rivers is accumulated, for example the western side of the Maeklong River mouth, mangroves in those areas may be able to keep up with sea level rise. However, sediment supply by river depends very much on rainfall in the watershed which may be reduced by global changes. Because of the complex relationship among different environmental factors, it is therefore impossible to speculate accurately on the effects of global change on the mangrove ecosystem without sufficient basic information.
2.4.2.3.4 Economic aspects of mangroves
A study on the cost and benefit of mangrove forest plantation in the upper Gulf of Thailand (Kamlang-ek 1995) estimates that the total cost (direct money from timber plus other indirect costs) over 15 years is 26,610 baht/rai while the total benefit (direct plus indirect) is 61,741 baht/rai. The net benefit would be 35,121 baht/rai over 15 years. The monetary benefit from shrimp farming was estimated by Watanyoo (1995) for the Songkhla area at 159,954 baht/rai/year at the moment. However it is still questionable how long the benefit could be sustained, possibly less than 10 years. In contrast, the instantaneous benefit from rice fields for the same general area is only 186 baht/rai/year.
The Royal Forestry Department had estimated for 1996 that it takes six years to replant and nurse mangrove trees from bare land at a cost of 12,870 baht per rai (approximately US$ 1,800 per hectare). Based on this figure, it will take US$25.6 million to restore mangrove forests back to the level of 1975 (table 2.20).
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Table 2.20 The cost to replant mangrove trres in 1996 back to the level of 1975
Region Million US$1986 Inner Gulf 10.5 Gulf of Thailand East Coast 8.6 Peninsular East Coast 6.5 Gulf of Thailand Total 25.6 Country Total 41.5
Since 1995, the Royal Forestry Department had replanted 7,816 hectares (Havanond 1995). During the programme, several problems were encountered. For the afforestation on newly formed land strips the common problems are:
(a) Waves; (b) Fouling barnacles; (c) Grazing by hermit crabs and other animals; (d) Boat propellers; (e) Push netters; (f) Exposure to sunlight.
Reforestation of degraded mangroves faces these problems:
(a) Grazing and damage by crabs and crab-eating macaques; (b) Hardening and acidification of the substrate; (c) Conflicts with local residents.
2.4.2.3.5 Major impact areas
Most mangroves in the Gulf of Thailand have been wiped out, with a few exceptions in Nakorn Sri Thammarat, and possibly in Chantaburi and Trad. The remaining forests, moreover, are severely suffering from the pressure from shrimp farms and other land development, both in terms of clear cutting of trees to make space available for different activities and from wastes and pollutants discharged from aquaculture and domestic sources.
2.4.2.4 Seagrass beds
2.4.2.4.1 Species composition and distribution
Seagrass can be found in abundance along the east and west coasts of the Gulf of Thailand but they are rare in the upper (inner) Gulf, at least since the mid-1970s when systematic surveys of sub- tidal resources such as coral reefs and seagrass began. In 1997, the Office of Environment Policy and Planning conducted an intensive inventory survey of seagrass beds in Thailand and data from literature and field observations were reviewed (OEPP 1997). From this report, most of the data on seagrass in the Gulf of Thailand are dated after 1990 and repeated surveys of the same site are rarely available. Seasonal fluctuation, possibly naturally because of monsoons, is also very strong in many areas so it is not possible to make a scientific comparison for changes in the species composition and area coverage. However, some qualitative estimation will be reviewed and discussed.
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Along the east coast of the Gulf of Thailand, from Cholburi to Trad provinces, there are at least nine major seagrass beds. Most of them, except those in Rayong province, fringe around islands. Disturbance from human activities could be an explanation for the absence of seagrass along many mainland coasts even though the general environment appears to be suitable.
Most of the surviving seagrass beds along the east coast are patchy and smaller than one square kilometre except for the one from Ao Makampom to the Prasae River mouth in Rayong. From the review by Lewmanomont and Okawa (1995), a total of nine species of seagrass have been found.
2.4.2.4.2 Causes of habitat change
Because seagrasses usually grow in soft substrate, they can be easily eradicated by human activities and natural causes, such as storms, without any traces being left. This makes it difficult for the survey teams to evaluate the past extent and the causes of destruction. Frequently information had be obtained from interviews with local people who are sometimes inaccurate.
Nationwide (including the Gulf of Thailand and Andaman Sea), there are five causes for the deterioration of seagrass communities:
(a) Natural
Inappropriate substrate, strong waves and currents, and oscillating monsoons limit growth and the survival of seagrass. In the Gulf of Thailand, seagrasses are usually found in clam protected bays, or near river mouths with clayey sand substrate, or on remote islands which are little affected by humans.
(b) Fisheries
Bottom scraping fishing gear that operate near the shore, such as small trawlers, push netters and beach seiners, can extensively damage seagrass communities.
(c) Collection/harvesting
Seagrass may be used in the paper pulp industry, chemical extraction, and as fertilizer and animal feeds. The collection of seagrass does take place in some areas in Thailand.
(d) Land reclamation
Although this cause is strongly put forward as the major cause of seagrass destruction in Thailand, there are only a few areas where land reclamation and land development are quoted as the causes of destruction (Table 2.21). However, it is highly likely that many more beds have been destroyed without any record since the first systematic survey of seagrass in Thailand began only in the mid-1980s.
(e) General deterioration of seawater quality.
The effect of suspended particles in the water is particularly important because of smothering and light shading. Many activities on land and in the sea can increase the concentration of solids in the water and stunt the growth of nearby seagrass.
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Table 2.21 Outstanding causes of destruction of some seagrass beds in the Gulf of Thailand
Cause Where Waste disposal · Domestic · Ao Makampom, Rayong Prasae River Mouth, Rayong · Aquaculture · Klong Huahin, Rayong Ao Kungraben, Chantaburi Fisheries (e.g. push net, bottom gill net) Klong Huahin, Rayong Ao Pattani, Pattani Collection (for traditional medicine) Ao Kungraben, Chantaburi Expose to monsoon Exposed areas in Trad and Sura Thani Provinces Land reclamation Pradae River mouth, Karnchanadit, Surat Thani Ao Pattani, Pattani Land development Had Sai Kaew, Songkhla Source: From OEPP (1997)
2.4.2.4.3 Existing laws, regulations and policies concerning seagrass
(a) Environmental Quality Promotion and Control Act B.E. 2535
This act enables the Ministry of Science, Technology and Environment to declare conservation areas and protected areas to protect the natural habitat and specie diversity.
(b) National Policy and Plan for Promoting and Protecting the Environment B.E. 2540 - 2559
Under this policy the seagrass problem is well recognized, marine seagrass and macroalgae are aquatic plants essential for marine ecosystem, about 30 per cent are now under severe condition and may be completely disappeared. Direct actions under this plan are:
1. To declare virgin and diverse seagrass and algal beds as plant protection areas according to the Fisheries Act B.E. 2490; 2. To establish an action plan to restore seagrass and algae; 3. To allow small-scale fisheries in degraded seagrass and algal beds.
Moreover there are also indirect actions, such as:
1. To promote practical research to conserve endangered plants and animals, such as dugong, dolphins and sea turtles; 2. To promote and build awareness on the conservation of rare plants and animals, and marine environments; 3. Fifteen provincial plans to manage the environment.
Among all the 15 coastal provinces, not one is directly concerned with seagrass.
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(c) Cabinet Resolution (17 February 1992) on Policy, Measures and Action Plans for Coastal Resources and Environmental Management
This is the overall umbrella for all activities by government agencies regarding coastal resources and environments.
(d) Cabinet Resolution (3 March 1992) on a National Master Plan to Manage Coral Reefs The principles of this resolution are:
1. To maintain quality, density and diversity to match with the level of uses; 2. To balance priority development between national economic development and local utilization; 3. To encourage local communities to be involved and supportive of coral management; 4. To maintain balance between punishment and encouragement as the approach to managing coral reefs; 5. To promote cooperation among the national government, local administrations, non- government organizations, users and academics in the management of coral reefs; 6. To make decisions based on the accurate status of coral reefs, resource utilization, and capacity of the ecosystem, with support from appropriate data and information systems.
This cabinet resolution also defines coral reefs into three categories based on resource utilization: (1) zones for local control, (2) zones for tourism and recreational uses, including intensive tourism and eco-tourism, and (3) zones for conservation.
(e) Fisheries Act B.E. 2490
This act empowers the Director General of the Fisheries Department to declare protected areas for aquatic organisms.
Proposed interventions
Management of the coastal habitat/ecosystem in Thailand, which has suffered from similar pressures to other marine coastal resources, must be based on four principles:
(a) Restoration, mainly to: - Limit or prohibit destructive fishing practices, such as bottom trawls, push nets and beach seines, while encouraging non-destructive gear, such as surface drift nets, traps, casting nets, hook and line; - Limit or prohibit the collection of seagrass for commercial purposes; - Limit or prohibit land reclamation; - Maintain seawater quality especially with respect to suspended solids.
(b) Research on: - Species composition and quantitative ecology of animal and larvae in seagrass beds; - Appropriate restoration and conservation approaches.
(c) Build public awareness by: - Educating the general public, fishermen, coastal communities; - Encouraging local participation; - Conducting seminars among fishermen on seagrass conservation.
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(d) Monitoring to: - Encourage non-government organizations and local communities to monitor and patrol seagrass beds; - Develop appropriate and up-to-date information systems.
Zoning
At the moment (1997) a zoning system has not been applied to seagrass communities in Thailand, except for those in Trang province in the Andaman Sea which is the last large habitat for Dugongs where certain fishing practices are prohibited.
According to OEPP (1997), two zones were proposed, the conservation zone and the restoration zone (table 2.22).
Table 2.22 Zoning of seagrass communities (OEPP 1997)
Zone type Criteria Prohibited activities Closely watched activities Conservation · Good to very · All kind of fishing · Any activities that good ecological · Disposal of land has potential to condition filled materials impact the seagrass · Few to very few · Anchoring ecosystem fishing pressure · Mining · Less potential for · Dredging development · Sewer and waste disposal Restoration · Good to poor · Bottom trawls and · Commercial ecological push nets harvesting condition · Disposal of land · Waste water from · With fishing filled materials domestics and activities · Anchoring aquaculture · Has potential for · Dredging · Coastal aquaculture development nearby · Fisheries activities nearby · Constructions nearby
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Table 2.23 Proposed seagrass areas for zoning (OEPP 1997)
Province Zone Location Area (km2) Gulf of Thailand East Coast Cholburi Conservation Ko Kram Rayong Restoration Ao Makhampom to Prasea River 2.5 Klong Huahin Chantaburi Restoration Pangrad River Conservation Ao Kungkraben large Trad Restoration Ko Kud Ko Kradad Khao Lan to Laem Klad 0.12 Conservation Laem Thamachat Gulf of Thailand West Coast Petchburi Prachuab Kirikhan Conservation Ao Manao Chumporn Surat Thani Restoration Ban Hua Thanon, Ko Samui 1.5 Haad Nathon, Ko Samui Laem Chon Kram, Ko Samui 0.5 Haad Chaweng, Ko Samui 0.2 Channal between Ko Samui and Ko 1.0 Madlang Ko Pangan 3.0 Nakorn Srithammarat Songkhla Restoration Laem Chak Pattani Restoration Klong Tayamu 1.5 Conservation Ao Pattani 2.7
3.0 ANALYSIS OF THE SOCIAL AND ECONOMIC COSTS OF THE IDENTIFIED WATER-RELATED PRINCIPAL ENVIRONMENTAL ISSUES
Only three issues will be discussed in their scientific and technical aspects although there are several more issues.
3.1 WATER USES
The data from 1987 indicate that the total cost of freshwater was 7948 million baht (4253 million baht went to natural water). The Government subsidized about 6293 million baht, about 79 per cent. To encourage a more efficient use of water TDRI proposed that all the government subsidies should be removed. It was estimated that by doing so the real net GDP could be increased by 0.5 per cent while the agriculture output would be increased by 0.06 per cent while using 7.4 per cent less water.
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A joint analysis by NESDB, RID and PCD (1997) reveals that in the agricultural sector, vegetables, fruits and tobacco are the most efficient cash crop as far as water use is concerned, 4-20 baht per cubic metre. Sugar cane and sweetcorn yield 0.50-1.50 baht per cubic metre while other field crops, such as rice, yield less than 0.50 baht per cubic metre. Off-season rice yields 0.03 to 0.38 baht per cubic metre.
Other sectors besides agriculture are willing to pay a higher cost for water. The survey found that the domestic and industrial sectors are willing to pay 3.75-11.00 and 5.00-17.75 baht per cubic metre respectively. After correcting for water not fully utilized by consumers, NESDB, RID and PCD (1997) suggested that the appropriate water usage fee for the domestic and industrial sectors should be 4.33-12.69 and 7.95-28.24 baht per cubic metre respectively.
Based on the cost/benefit analysis, NESDB, RID and PCD (1997) recommended that the priority for water use in the dry season should be given to:
(a) The industrial sector which yields more than 8 baht per cubic metre; (b) Cash crops that yield more than 4 baht per cubic metre, such as vegetables, fruits and tobacco.
For crops that yield less than 4 baht per cubic metre, such as rice, some fee system should be established in order to encourage farmers to grow other crops that gain more money than the existing crops. For example, off-season rice growing in the dry season should be discouraged because of the very low return and because the main rice crop can sufficiently supply the demand. At present, the agricultural sector receives water free of charge.
In addition agricultural practices in the lower part of the river basins where several other activities are available cause the workforce to lose other job opportunities. Therefore, priority for water use in the dry season should be given to the agricultural sector in the central and upper parts of the basins.
3.2 FISHERIES RESOURCES
Based on statistics released by the Department of Fisheries, marine and freshwater fish products from capture have been continuously increasing both in terms of mass and unit value. From this it may be concluded that even though over-exploitation is well known for both marine and freshwater resources, the fisheries sector has not suffered any economic losses. However, the economic loss in terms of environmental and aesthetic values has not been estimated.
3.3 INDUSTRIAL WASTE
It is estimated that the cost of treating all industrial waste in Thailand in 1991, 1996 and 2001 would be 428, 900 and 1600 million baht respectively. Oils and non-halogenated solvents were the most expensive to treat. Heavy metal and infectious wastes posed the highest risk to humans. However in terms of risk reduction effectiveness (risk factor reduction per million of baht), heavy metal and photo wastes ranked first and second respectively. The total cost to treat organic waste (BOD) from industry was estimated to be 1,032 million baht a year in 1986. This was about 2.6 per cent of the GDP of the BOD generating industry of the country.
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4.0 ANALYSIS THE ROOT CAUSES OF THE IDENTIFIED WATER-RELATED ISSUES
Th analysis of the socio-economic root causes of major environmental issues in Thailand will be presented in the table form designed by by UNEP EAS/RCU. Information obtained in the following table were obtained from literature review as well as interviews with experts and officials from government and private sectors.
Table 4.1 Causes, root causes and socio-economic causes of freshwater shortage
Issue Impact zone Cause Root Causes Socio-Economic Causes Freshwater East Coast (Rayong) Drought · Natural (possibly reinforced by Shortage Upper West Coast global change/ENSO) (Prachuab Kirikhan) Uncontrol use · No regulation on types of industries · Out-date and too rigid laws and with respected to water demand in regulations each zone · Lack of incentive/regulation for · Luxury consumption in urban areas water recycling in all sectors · Inappropriate agriculture practices · Lack of a fair classification and with respected to water supply privilege for water users in different sectors Insufficient reservoirs · Sandy soil (seepage) · High cost to construct reservoirs in · Conflict between dam construction sandy substrate and “conservationists” · Some large irrigations projects could not satisfy local people in terms of short and long term benefits · Some irrigation projects are not “transparent” Insufficient groundwater · Natural? · supply
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Table 4.2 Causes, root causes and socio-economic causes of freshwater quality degradation Issue Impact zone Cause Root Causes Socio-Economic Causes Freshwater quality Near major Domestic waste water (BOD, · Insufficient treatment facilities · People feel unfair to be charged for degradation communities nutrients, low oxygen) · Lack of funding for investment and water treatment service operation Sewer (Coliforms) · Many septic tanks are in water · Insufficient money saturated soil near waterways · Lack of “polluter pays” concept among · Lack of central treatment facility people Suspended solids · Erosion · Industrial wastes—small · Insufficient capital of the factories · Unplanned permission for factories factories · Lack of central treatment facilities · Lack of zoning policy for small factories · No estimation of the cost that polluters have to pay · Lack of available low cost technology for waste treatment Industrial wastes—large · By-passing of wastes from the · Insufficient resources of the factories treatment units enforcement units · Zoning system in the industrial estate is · Corruption by government officials not followed · Pressures from politics and labour unions complicate the operating licence suspension · The industrial estates relax the zoning regulation in exchange for more income from the organization Industrial wastes— · Lack of appropriate treatment facilities · Government “custom” prohibits government factories in some factories government agencies to sue each other Groundwater quality Central plain (shallow Saltwater intrusion · Insufficient recharge · deterioration aquifers) Other pollutants ?? · · Flooding and Lower central/coastal Cannot stop growth of major · Bangkok is the centre of business, · dispersion of plains (especially in cities, especially Bangkok industry, convenience and wealth
42 National Report of Thailand Page 43 pollutants and deseases suburban areas)
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Table 4.3 Causes, root causes and socio-economic causes of coastal erosion Issue Impact zone Cause Root Causes Socio-Economic Causes Coastal erosion Widely Coastal construction · Lack of local study of sediment · Reduction of construction and transport consultation costs by investors · Impropriate engineering design · Lack of technical knowledge and may be corruption by government officials and consultants concerned with coastal construction · Lack of public involvement in large construction projects Dredging for navigational · · uses Marine/coastal Mangroves Conversion into · Fast cash return from aquaculture · Outdated laws and regulations, habitat destructions aquaculture uses (especially especially the loophole that allows shrimps) “degraded” forests to be converted for other uses · Corruption by government officials in charge · Involvement by “influential” people in the business Conversion into urban areas · Unplanned and unregulated · Outdated laws and regulations, expansion of coastal cities and especially the loophole that allow towns “degraded” forests to be converted for other uses · Corruptions by government officials in charge · Involvement by “influential” people in the business Effect of pollution? · ·
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Table 4.4 Causes, root causes and socio-economic causes of marine and coastal habitats destruction Issue Impact zone Cause Root Causes Socio-Economic Causes Marine/coastal Coral reefs Smothering · Coastal erosion and other · Coastal development and dredging habitat destructions anthropogenic sources of suspended without taking marine resources into solids consideration Chemical pollutions · Domestic wastes from nearby human · Development without taking marine settlements, ships etc. resources into consideration · Lack of enforcement on waste from ship and tourism boats Tourism and recreational uses · Uncontrolled and unmanaged quantity · Insufficient resources (budget, and quality of visitors personnal etc.) of local enforcers · Irresponsible divers and tour operators · Lack of awareness by many visitors · Conservation zoning system is not fully and tourists implemented Irresponsible fisheries · Destructive fishing methods, including · Insufficient enforcement dynamite, trawl nets and certain traps · Political issue when dealing with small scale fisheries Landfill · Insufficient land area for development · Inappropriate advance planning and expansion of coastal activities · Desire for “cheap” coastal land Coastal erosion and · Coastal construction that affects · Unawareness transformation sediment transport · Unplanned development · Dredging Seagrass beds Smothering · Coastal erosion and other · Coastal development and dredging anthropogenic sources of suspended without taking marine resource into solids consideration Chemical pollution · Domestic wastes from nearby human · Development without taking marine settlements, ships etc. resource into consideration · Lack of enforcement on waste from ships etc. Dredging · Navigational development · Lack of awareness Irresponsible fishing · Nearshore bottom trawling · Lack of enforcement
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Table 4.5 Causes, root causes and socio-economic causes of deterioration of coastal seawater and sediment quality Issue Impact zone Cause Root Causes Socio-Economic Causes Deterioration of Mainly near river mouth Domestic waste (mainly · Insufficient treatments · Lack of funding coastal seawater and and brackish water areas oxidizable organic and · Lack of awareness sediment quality but occasionally in nutrients) · Overestimation of the carrying capacity marine areas of coastal ecosystem Sewers · Inappropriate sewer system · Unawareness/ignorance Aquaculture wastes (mainly · Over feeding (especially high protein · Lack of low cost alternatives to treat oxidizable organic and feeds) sludge nutrients) · Insufficient treatment of pond sludge · Ignorance, especially among non-local investors Coastal industries · · Maritime (mainly oil) · Operational leakage · Lack of resources for enforcement and · Illegal discharge from tankers patrol · Accidents (collision, grounding, and · Political pressure especially when during transfer) dealing with small boats · Negligence Deterioration of No conclusive evidence Oil · Operational leakage · Lack of resources for enforcement and offshore seawater yet found but needs close · Illegal discharge by tankers patrol and sediment quality monitoring · Accidents (collision, grounding, and · Political pressure especially when during transfer) dealing with small boats · Negligence Trace metals · Accidental leak of processed water? · Deterioration of Still rare but needs Persistent pollutants · Uncontrolled discharges from · Same as those for water quality quality of aquatic constant monitoring domestic, agriculture and industrial deterioration food products sources Coliforms and other pathogens · Domestic and sewer discharges · Same as those for water quality deterioration Other chemicals (such as · Excess usage in aquaculture industry · To maintain intensive culture antibiotics)
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Table 4.6 Causes, root causes and socio-economic causes of deterioration of the decline in fishery resources Issue Impact zone Cause Root Causes Socio-Economic Causes Decline in fishery Widely Overfishing · Failure to manage fishing pressure · High demand for domestic resources · Non-selective fishing gear, consumption and export especially trawlers · Lack of national and regional management policies that are effective and implementble · Lack of reliable data and statistics · Influences from politics and interest groups Habitat · Shoreline modification destruction/modification · Destruction of natural submerged habitats · Interference with migration Reduced recruitment · Reduced number of spawners · Failure to protect nursing areas, e.g. 3 km from shore · Pollution effects on spawning and survival of larvae Changing in ecological · Succession by low value or non- food chain edible species
Table 4.7 Causes, root causes and socio-economic causes of deterioration of eutrophication Issue Impact zone Cause Root Causes Socio-Economic Causes Eutrophication Coastal area, mainly in Nutrient enrichment · Degradation of organic loading the upper Gulf of from land (mainly domestic and Thailand aquaculture) · Nutrient regeneration in sediments
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5.0 CONSTRAINTS TO ACTION
There is a huge number of government agencies, local administrations, state enterprises, international organizations, private businesses, non-profit and non-governmental activity groups involved in environmental programmes in Thailand. Each of them has unique problems and constraints that would be very long to list here. As far as the objective of this national report is concerned, the constraints will be summarized to produce a natural picture of the problem.
5.1 PERSONNEL CONSTRAINTS
5.1.1 Shortage of qualified personnel in government offices
There are insufficient numbers of qualified environmental scientists and analysts working in government units because of the infamous bureaucratic system full of red tape and corruption. In addition, government jobs offer low compensation, non-competitive salary ranges and occupational promotion is often based on seniority and connection rather than performance and achievement.
Many devoted officials become disheartened. The government system discourages officials, especially those in junior positions, from being critical or offering opinions in their work. Instead of voicing their opinions in public or at a meeting, officials have to approach their superiors in a closed door discussion. And very likely, their opinions and ideas will be rejected or simply ignored. Because the majority of government officials lack drive and creativity, those young energetic and innovative minds turn away from bureaucracy and seek careers in the private sector where there are more opportunities for intellectual growth in a democratic environment.
5.1.2 Hiring foreign experts in environmental projects
In spite of the availability of Thai environment experts both in the government and private sectors, western experts are hired for several projects. Many times this is done only to boost the image and credibility of the project because western countries are seen as superior in professionalism and technological advancement. Not only is the hiring of foreign experts very costly, their western framework can also be detrimental to environmental management in Thailand as the western approach is often unsuitable in the Thai context. As an example, the earlier National Economic and Social Development Plans under foreign advisors put much emphasis on export promotion without recognizing the significance of the traditional economic base and socio-cultural background. Therefore, they produced a host of social, economic and environmental problems after implementation.
5.2 INSTITUTIONAL CONSTRAINTS
5.2.1 Centralized government system exerts top-down approach
Local administration units still lack decision-making power concerning crucial environmental management issues. This is because the central Government is over-concerned with their ability to successfully carry out self-governance without being dominated by local influential figures. More effort should be made to encourage a decentralized system while minimizing the influence from local interested groups that do not represent the majority.
In government provincial offices, many officials in key positions are sent from central units. These officials do not have strong ties or commitment toward the local community because one day
48 National Report of Thailand Page 49 they will be transferred to some other office. Thus, they are often negligent in tackling local environmental problems.
Probably the worst part of centralized administration is the tedious hierarchical line of command. The policy and activities of each unit are usually made by a person, the unit leader, rather than a committee. Not only is this conducive to corruption, the use of "line of command" instead of "brainstorming" also results in complex environmental problems being tackled from a single perspective whereas a multidisciplinary and multiple angles approach would be more beneficial. The lack of implementable and effective national and regional management policies, the unplanned and unregulated expansion of urban centres, the inappropriate zoning of industrial sites, inadequate research and development (R and D), and a myriad other problems have stemmed from the short-sighted leadership of centralized administration.
Thailand is characterized by top-down administration and bottom-up resource exploitation. In other words, natural resources have been used to serve urban elites, often for their pleasure and not for real needs.
5.2.2 Lack of public involvement in decision-making on mega projects
In the past the conception, design and contract of most mega projects was done without public input. Consensus has been limited to high-level government officials and executives of large businesses. Only after the initial phase of construction do the public realize a project has been approved. Public hearing generally occurs much too late, thus highlighting rather than mitigating the conflict. The Petroleum Authority of Thailand’s project on the gas pipeline in Kanchanaburi is a case in point; protest and counter-protest are being organized, worsening the situation. Therefore, public hearings should be mandatory before all costly projects take shape. In addition, there should be a strict procedure to assure transparency in such work initiated by the Government and big businesses.
5.2.3 Lack of cooperation among government offices and between government offices and non-governmental organizations
It is unquestionable that strong territorialism exists in the government system in terms of physical logistics, budget and responsibilities. This contributes greatly to ineffective management because it is a major obstacle to any means of cooperation, even the exchange of information, among government offices. Duplicated work and redundant duties continue because each unit distrusts the others in terms of performance as well as distrusting competitors. In addition, it is a tradition among administrators in the government system to take the magnitude of the allocated budget to be the indicator of their success, the fatter the budget, the higher praise they receive for their "effectiveness". This leads to a lack of cooperation and no delegation of duties to appropriate agencies since that may entail a loss of budget. The top administrators, at the ministry level for example, are not always strong enough to make decisions and therefore compromises are made so that the departments involved are satisfied while the overall effectiveness of the programme is given a lower priority.
Cooperation between the government offices and environmental non-governmental organizations is woefully lacking. They often consider themselves to be on the opposite side of the fence, developmentalists versus conservationists. Eventually, their work is against each other instead of complementing each other. It should be mentioned here also that some non-governmental organizations do have a reputation for representing particular interest groups and not sincerely devoting themselves to the national environment. Whether or not this is true, it points out a complex situation with the probability that a large amount of money may be involved.
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5.2.4 Lack of reliable data and versatile information on environmental conditions
Data collection on environmental conditions and management is done regularly by several government agencies. However, most of the datasets have been designed to describe the general environment situation or status. They usually lack specific objectives set before the monitoring programmes started. Moreover, the data obtained are rarely utilized and analysed to the full extent. Whenever environmental information is needed by decision makers, for example when a megaproject is proposed, existing data are frequently not sufficient because the data are for descriptive and not prescriptive purposes. More studies and data collection are usually required.
The quality of data is also another problem. In Thailand, there has not been a mandatory quality control/quality assurance system for environmental data. Thus despite a long-term effort to collect environmental data, no one can really guarantee the correctness of those data.
5.2.5 Overemphasis on certain industries for the sake of incoming money and development
There are several industries which were promoted out of proportion in an attempt to "develop" the country, tourism being the latest one. It is true that the tourist industry will bring in much-needed foreign currencies but concerned offices usually ignore the negative consequences or fail to anticipate problems which will stem from certain businesses or operations; for example, jet skis and substandard tourist boats cause oil pollution as well as disturbing marine life and human activities, yet they are seen around many popular beaches in Thailand. Tourism, as well as other promotions, should only be made after appropriate environmental impact assessments and adequate protection measures have been implemented, including the carrying capacity, efficient conservation zoning system etc.
5.2.6 Policy makers insensitive to socio-economic dynamism
It is important that environmental policies be well-suited to the current situation. Yet some policy makers do not realize the connection between environmental problems and socio-economic dynamism which needs fast and smart reactions. The government regulation on budget spending is a good example. The management of the Environmental Fund should be more flexible; rigid spending regulation results in the lack of advance money to cope with emergencies.
The allocation of budget and authority for each local administration, such as municipalities and sanitation districts, depends on the number of "registered" residents. For some, this does not represent the actual size of the population at all since the number of transients such as visitors and temporary workers far exceeds the residents. Therefore, this number should be under consideration for the allotment of budget and authority.
5.3 LEGAL CONSTRAINTS: LAWS, REGULATIONS AND ENFORCEMENT
5.3.1 Loopholes in laws and regulations
There is a laxity in Thai legal control because of loopholes allowing grafters to rake in profits; for instance, the law granting issuance of land ownership documents to villagers who work on the land designated as "degraded forests". The usual practice is for influential figures to hire local villagers to clear the forest. After it has been categorized as "degraded", then land ownership papers
50 National Report of Thailand Page 51 are issued to these "entrepreneurs". Rampant encroachment causes deforestation, soil erosion, watershed destruction and fat bank accounts for the grafters.
Up to 1997 there has not been a law which prohibits or controls the imports of second-hand machinery regarding the model, type, year, condition and number. Some outdated machinery lacks oil containment or oil filtering systems so the discharge is released into the surface and underground water sources.
Certain laws deter private enterprises from providing specific services such as operating treatment plants for the proper disposal of toxic or hazardous waste. At present, domestic hazardous waste is usually mixed with household garbage while waste in factories is managed by different standards. Some goes to land fills, while some is still kept in the factories awaiting appropriate disposal facilities.
Several laws and regulations are outdated. The environmental situation changes rapidly, new problems arise, yet the legal framework is inadequate to deal with such changes and legal amendment takes an awfully long time. In addition, apart from environmental laws, other laws are made without much consideration of the environment. Environmental scientists or analysts have not usually been included or consulted in the drafting process.
5.3.2 Legal emphasis on punishment instead of rewards or incentive-building
The emphasis of environment-related laws is on punishment. Instead, positive actions should be encouraged through rewards and incentive-building, for example, the Government should promote water recycling in all sectors by providing rewards for those who have successfully managed to do so, and the Government should give compensation to people or businesses which carry out environmental friendly activities for their costs.
5.3.3 Lack of an appropriate law for government agencies to control and manage beyond territorial waters
Thailand is among last countries in the world that has not ratified to the UN Convention on Laws of the Sea. Yet, there are several signs from government and legislatives that the country may do so soon. This UNCLOS allows coastal states to issue laws and other legal instruments to control and manage resources and environmental in the EEZ and continental shelf.
While neighbor countries, such as Malaysia has had an effective laws that empower government agencies to control and manage environmental and natural resource in its EEZ, officers in Thailand do not enjoy the privileges. Thus several activities that can cause transboundary consequences could still be active in Thailand'EEZ only few kilometers from neighboring countries' EEZ.
5.4 CULTURAL CONSTRAINTS
5.4.1 The Thai worldview: fatalism, tolerance and apathy
The Thai people have been described as lighthearted, tolerant and fatalistic. This is not far from the truth. Thailand is the land of plenty, and natural resources are abundant so the people tend to "take it easy". In the recent past, it was very difficult for a Thai to imagine that fresh clean water
51 National Report of Thailand Page 52 would be one of the scarce resources and a lot of Thai people would have to drink bottled water at a cost of over 10 baht per litre - a higher price than the same amount of imported gasoline.
Basically an agrarian people whose lifestyle and production depends mostly on uncontrollable natural forces, the Thais do not worry so much about their "tomorrows". Furthermore, Buddhism emphasizes "karma" or past deeds which also prescribe the present. Since life has been somewhat pre-determined, why the struggle? It is much easier to leave everything up to destiny; this is reflected in the two familiar phrases, "mai pen rai" (never mind) and "chang mon" (let it be). As a result, attempts to raise environmental awareness are met with failure. The people have not been responsive to programmes such as pre-sorting household garbage, separating hazardous waste such as containers of pesticide and dry batteries, and installing kitchen grease receptors.
The Thais are friendly and tolerant. Conflict and potential encounters are avoided. Consequently, the people ignore and withdraw from problems and conflicts. In this way, the Thais seem to be apathetic and the problems are perpetuated or become intensified instead of being tackled or solved.
5.4.2 Love of enjoyment, entertainment, consumerism and conspicuous consumption
The Thais love "sanuk" or enjoyment and fun, and they are willing to pay whatever cost (to the environment) to have fun activities. The lantern floating ceremony of the twelfth lunar month is an excellent example. The traditional purpose of this ceremony is to pay respect to the goddess of the river, but recently it has become a mere entertainment and causes pollution in urban waterways. Another case in point is the governor of Uthai Thani who organized a drinking party in Huay Kha Khaeng National Park, UNESCO Natural World Heritage Site, in order to entertain his friends.
There are many entertainment businesses which use water wastefully. Among these are massage parlors which often secure priority of water resource over the agricultural sector because they are located in elite centres or urban areas and not in the remote countryside.
Many of the Thais have fallen victim to consumerism and conspicuous consumption. A person's worth is seen by his/her spending and owning. Teenagers are following western consumption patterns: eating junk food in disposable wares. More and more natural resources are exploited and turned into non-degradable wastes.
As mentioned, the Thais are not future-oriented, thus they would rather spend money on immediate enjoyment than invest in environmental preservation. According to the survey commissioned by the Waste Water Management Authority, the residents think it is unfair to be charged for water treatment service. As in a myriad other environmental problems, the residents fail to recognize that each one of them contributes to the problems. It is easy to point the finger at factories or large industrial estates which are point source polluters, but small-scale non-point source polluters are an even larger part of the problem.
5.4.3 Patron-client relationship and system of dependency
Many of the unsolvable environment problems in Thailand stem from the fact that there are influential figures (ranging from politicians, high-level military or police and super-rich business men to district and village heads) behind most insidious schemes or activities. These people and their followers are capable of being uncompromising and even violent in order to safeguard their own
52 National Report of Thailand Page 53 profits. Threat, violence and death are a common requital for those who disrupt their schemes or activities.
These influential people act as "patrons" and their followers are "clients" under the patrons' protection and support. While the patrons secure power as well as huge material or monetary profit, clients receive their partial share. This system of dependency is ingrained in the Thai tradition and mutual benefit keeps perpetuating the bond. A large part of natural resources are exploited for the benefit of these select groups. Thus, the "Tragedy of the Commons" does not occur only to the common property, but also to the common people who do not have power or influence.
5.3.4 "Wrong" type of environmental education
The Thai traditional education system is "learning by observing and doing". Learners gain experience from the real situation and develop a practical and holistic approach to life. Nevertheless, the new mode of formal education both in school and university has alienated students from practicality; students "learn" in order to pass the exam rather than to think creatively. Thus, many Thais lack environmental awareness; they were taught that the value of the natural environment lies in its economic potential. They also fail to understand that environmental cost is actually "paid" (albeit gradually) by every single person on earth.
6.0 ONGOING AND PLANNED ACTIVITIES RELEVANT TO THE IDENTIFIED ISSUES
6.1 SURFACE FRESHWATER QUANTITY AND QUALITY MANAGEMENT
6.1.1 National Policy for 1997-2000 concerning freshwater resources in Thailand
In the past, Thailand did not have a national water policy. Previous Governments emphasized water development to meet the increasing water demand. National water resources management therefore was broadly proposed in the NESD plan. In 1996, the water resources policy was a part of the long-term policy and plan for enhancement and conservation of national environmental quality (1997-2016) which aimed at the systematic development, conservation and rehabilitation of surface water and groundwater resources in all watersheds in order to maintain an adequate quantity and suitable quality for sustainable use. The National Policy for 1997-2000 aimed to:
(a) Enhance raw water production; (b) Coordinate between government and private sectors to manage and maintain existing water resources especially for agriculture; (c) Encourage the private sector to invest in tap water production; (d) Enhance the efficiency of water resources management to reduce the uncontrolled runoff by at least 25 per cent; (e) Modify water fees to be based on the real production value and production yield; (f) Enhance water use efficiency in all sectors; (g) Create a central agency for water resources development, policy and management.
Water Resources Management Guideline
(a) Implement organization and mechanisms for water resources development at national and watershed levels; (b) Implement a water allocation system based on priority and fairness;
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(c) Improve water transport efficiency and reduce loss; (d) Realize the value of water.
Water quality
(a) Reduce and control water pollution from agriculture and industry; (b) Set up approach and emergency plans for pollution dispersion; (c) Support wastewater treatment. The important issues indicated in the eighth NESD plan (1997-2001) are:
1. To enhance social stability for family and community 1.1 To provide and improve basic infrastructure including wastewater treatment
2. To effectively plan land use 2.1 To provide areas for runoff management
3. To expand agricultural areas for sustainable agriculture 3.1 To modify to a natural agricultural structure, using organic materials and promoting the use organic matter instead of chemical fertilizers by farmers 3.2 To support water resources allocation for small agriculture areas
4. To develop water resources 4.1 To develop raw water in many levels 4.2 To coordinate with the government and private sectors in order to manage and maintain the existing water resources, especially for agriculture 4.3 To support the private sector for tap water investment 4.4 To enhance efficiency in water resources management to reduce the losses to less than 25 per cent 4.5 To modify the water fees by determining the ratio of the production value and use 4.6 To coordinate the government and private sectors for more efficient water use 4.7 To create a central agency responsible for water resources development in formulating policy coordination and management
5. To monitor water quality so it does not deteriorate below surface water quality standards 5.1 To reduce and control water pollution from agricultural and industrial activities 5.2 To set the approach and emergency plan for pollution dispersion 5.3 To support wastewater treatment 5.4 To promote long-term investment in wastewater implementation in economic centres
6. To set up guidelines for systematic water resources management especially at the watershed level 6.1 To implement organization and mechanisms for water resources development in natural and watershed levels for accuracy in the work of each organization 6.2 To implement suitable allocation systems at all levels among all types of users according to priorities and fairness 6.3 To collect the raw water fee from industries, farmers and household users 6.4 To improve the transport and location system to the farmers and the households to minimize the loss of the water as quickly as possible 6.5 To realize the water value
Important legislative instruments for environmental protection
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(a) The Environmental Fund; (b) Conservation and environmental protected areas; (c) Pollution control areas; (d) Environmental impact assessments; (e) Polluter Pays Principle; (f) Duty reduction for pollution control equipment.
The Thai Government has provided a large budget for water resources development, not less than two hundred million US dollars a year. At least 30 agencies under eight ministries are assigned responsibility directly and indirectly. Generally, the mandate of water resources management has been identified according to the political area not at the watershed level. Most of the policies and plans are under the responsibility of many ministries. Currently, water management organization at all levels is under crisis.
6.1.2 Overlapping mandates
Mandates in water resources management overlap. At the national level, there are three committees: the NESD Committee, the National Environmental Committee, and the Natural Resource Management Committee. Following is a list of the organizations under six ministries relating to water resources management:
1. Ministry of Agriculture and Cooperatives: The Royal Irrigation Department, The Royal Forestry Department, The Land Development Department, Department of Fisheries, Office of Agricultural Economics, The Agricultural Land Reform Office, Department of Agricultural Extension; 2. Ministry of Transport and Communications: The Harbour Department; 3. Ministry of Industry: Department of Mineral Resources, Department of Industrial Works; 4. Ministry of Interior: Department of Town and Country Planning, Public Works Department, Office of Accelerated Rural Development, Department of Lands; 5. Ministry of Public Health: Department of Health; 6. Ministry of Science, Technology and Environment: Department of Environmental Quality Promotion, Pollution Control Department, Department of Energy Affairs, Office of Environmental Policy and Planning.
At the regional level, the organizations at provincial, district and local levels are Office of Provincial Administration, Office of District Administration, Provincial Administration Organization, municipality, sanitary, and chamber.
At the implementation level, important issues indicated in the five-year environmental plan of MOSTE (1997-2001), are the 25 watershed management plans, 2000 small-scale projects, investment in 8000 natural water resources rehabilitation projects, and underground and surface water resources management mechanisms to reflect water true value. The plan only indicates adjustment of the water fee in the non-agricultural sectors to meet the changing situation.
Below are some of the important agencies involved in water resources management in Thailand:
(a) NESDB is responsible for setting the direction and framework of the natural resources and environmental development. The framework sets the criteria for budget allocation and investment for all development projects in Thailand.
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(b) NEB is formulated under the ECNEQ Act (B.E. 2535) in which the Prime Minister is the chairman. In 1996, NEB proposed the long-term policy and plan for enhancement and conservation of national environmental quality (1997-2016) and also established a subcommittee and working group to screen the projects. The mandate and direction of the NEB are varied according to the Prime Minister and Ministerial Cabinet of each Government. Therefore, attempts to improve water management organization depend on the understanding and communication with the administrators from the election.
(c) The National Hydrological Committee has been established since 1993 but was reformulated in 1997.
(d) The Natural Water Resource Committee was established in 1989 according to the Prime Minister’s Regulation (B.E. 2532). The Committee is comprised of 19 agencies and 5 experts with the Deputy Prime Minster as chairman. This Committee is under the Office of the Prime Minister. It has the following duties:
1. To collect general data on water resources in Thailand and other countries; 2. To submit natural resource development and conservation policy, action plans and measures to the cabinet for approval; 3. To propose plans relating to the conservation of water resources; 4. To supervise construction plans or water resources development of other agencies; 5. To study problems and barriers to government work; 6. To consider and propose water allocation and control priorities; 7. To monitor, assess and make summary reports of construction work or water resource development; 8. To consider and propose amendments to the law relating to the improvement and conservation of natural water resources; 9. To propose public relations campaigns and disseminate information on administrative and problem solutions; 10. To coordinate the assistance and support of education and research activities; 11. To be the focal point to cooperate and propose measures for such problems as water shortage and flooding.
While the committee has broad and important duties, it was formulated under the Prime Minister Regulation (B.E. 2532) not by any law or act. In addition, there is no direct budget to support the continuity of any activities. Committee members are only representatives from involved ministries. The Committee lacks academic and political experts. At present, they are in the process of recruitment to establish the organization and are waiting for the announcement of the National Water Resource Act which is being drafted by NRC.
(e) The Royal Irrigation Department (RID)
RID is responsible for obtaining water to store, control, transport, drain or allocate for agriculture, energy, public utilities or industry including protection against damage from water and water transportation within the irrigation areas. In the past, the Operation and Maintenance Division under RID was responsible for flood and drought problems. The drought crisis in 1993 resulted in the formulation of a special task committee in February 1997 to resolve water problems. It consisted of 19 members with the Prime Minister as chairman. The special task centre is located in the Office of the Secretary to the Minister. The duty and responsibility of the committee was to propose policies,
56 National Report of Thailand Page 57 plans and measures concerning water problems to the Cabinet, including consideration and modification of any water plans and projects.
(f) Songkhla Lake Development Committee was set up by the Cabinet, chaired by the Permanent Secretary of MOSTE. The responsibilities of this committee are:
1. To establish and cooperate on the policy of natural resources and environment rehabilitation in the Songkhla Lake watershed; 2. To consider and recommend the Songkhla Lake watershed rehabilitation guidelines set by the Prince of Songkhla University (PSU); 3. To solve conflicts of natural resource and environment utilization.
(g) Water Resources Management Subcommittee set by NEB and chaired by the Secretary General of OEPP. The responsibilities of this subcommittee are as follows:
1. To make recommendations on natural resource management in the watershed area; 2. To coordinate and recommend on the management plan and its implementation in the local agencies.
(h) The Pollution Control Department was established on 4 June 1992 under the Royal Decree on the Organizational Division of Pollution Control Department, MOSTE B.E. 2535(1992), which resulted from the ECNEQ Act, B.E. 2535 (1992).
Under the new legislation, the Pollution Control Department has the following functions: 1. To implement the water quality provisions of the ECNEQ Act; 2. To develop regulations and standards for implementation of the Act, and assist in its enforcement; 3. To serve as the focal point of the Government for all matters concerned with water quality management.
6.1.3 Existing laws and regulations on water quality management
In Thailand laws concerning water pollution are fragmented. There are more than 20 addressing issues relating to the utilization, management and conservation of water, including the treatment of wastewater. However, only a few regard the prevention of pollution as their primary goal. These are as follows:
Enhancement and Conservation of National Environmental Quality Act B.E. 2535
This Act was amended in B.E. 2521 (1978) and led to the creation of the NEB and the ONEB. NEB develops environmental policy and coordinates issues relating to the environment and quality standards between government agencies. NEB issues Ministerial regulations, oversees what development projects must submit an EIA report prior to approval before operations commence and establishes committees to assess and recommend standards on air quality, water quality and toxic substances. Below are some sections under this Act that aim to provide a better measure to regulate water quality effectively and efficiently:
(a) Section 55 authorizes the Minister of MOSTE with the advice of the PCD and with the approval of the NEB to publish in the Government Gazette emission or effluent standards to control the discharge or emission of wastewater, polluted air, waste and other
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pollutants from point sources to the environment in order to meet the environment quality standards as specified in the ECNEQ Act, B.E. 2535.
(b) In cases of overlapping authority between relevant government bodies, the ECNEQ Act, B.E. 2535, section 56 provides that if emission or effluent standards set up under other laws are not less stringent than those set up by this Act, the former standards shall continue to apply. If less stringent, such standards shall be modified to meet those provided for in this Act. In cases where such modification is difficult, the NEB shall decide and such relevant government bodies shall comply therewith. In the absence of emission or effluent standards as required by other laws, the Minister of MOSTE with the advice of the PCC and with approval from the NEB shall have the power to publish in the Government Gazette such emission or effluent standards.
(c) For water pollution control, Section 69 of the same Act authorizes the Minister of MOSTE with the advice of the PCC to publish in the Government Gazette the types of pollution sources that discharge wastewater or waste outside their location. Upon publication in the Government Gazette, the owner or possessor of pollution sources must install or arrange for wastewater treatment or waste disposal systems as specified by the pollution control official. The owner or possessor of pollution sources which had a treatment system prior to the publication shall notify the pollution control official for inspection. If the official considers that such a system could not treat wastewater or waste effectively, the owner or possessor shall modify the system as specified by the official under Section 70.
(d) Where pollution sources are located in the Pollution Control Area or the locality where the central wastewater treatment system disposal facility is provided for by a government authority and the owner or possessors of such sources have not yet installed their own wastewater treatment system or waste disposal facility, or do not wish to do so, such owners or possessors shall undertake to have their wastewater or waste treated at the central wastewater treatment system or waste disposal facility for a service fee as specified under Section 71.
(e) The owners or possessors of pollution sources other those than those under Section 72 shall also have the duty to have their wastewater and waste treated at the central wastewater treatment system or waste disposal facility for a service fee unless they already have their own wastewater treatment system or waste disposal facility in compliance with the specified standard. According to the ECNEQ Act, pollution control officials have the power to inspect and control wastewater treatment or waste disposal.
If any particular project or activity is required to obtain permission from the government authorities prior to its construction or operation, the environmental impact assessment must be submitted both to the competent authorities under other laws and to the OEPP. Such other competent authorities are required to suspend their decisions until they are notified by the OEPP of its decision on such a report.
The OEPP only has the power of preliminary consideration of the report. The final decision is vested with the Board of Experts for each particular report. The Board is able to render a relatively neutral opinion since it comprises experts from various fields, not only those from the OEPP but also from the government authorities responsible for the issuance of permission as well as from the private sector. The Board of Experts or its designee also has the power to inspect the project or activities
58 National Report of Thailand Page 59 submitting the report in order to verify the report. This is a new concept adopted by the ECNEQ Act, B.E. 2535.
The Environmental Fund
The Environmental Fund is one of the new supportive resources which have been established by the new Environmental Act. Initially the funding came from the government budget and Fuel Fund. However, other sources such as grants and soft loans should be added. The policy of this fund emphasizes water pollution and solid waste management projects both for the private sector and local governments.
Conservation and Environmental Protected Areas
Conservation areas are designated by ministerial regulation as environmentally protected areas if they are characterized by unique natural ecosystems which are sensitive and vulnerable to human activities.
Pollution Control Areas
If any locality is affected by pollution and if such problems may aggravate public health hazards or adversely impact environmental quality, NEB will designate such areas as pollution control areas in order to control, reduce and eliminate pollution. After the notification is published in the Government Gazette, the local official in the designated pollution control area must prepare an action plan to reduce and improve environmental quality in that area. NEB notified the following coastal areas as pollution control areas: Pattaya (Chonburi province), 1992; Phuket and Phi Phi Island (Phuket and Krabi provinces), 1992; Had Yai and Songkhla (Songkhla province), 1992 and Samutprakarn province, 1993.
Environmental Impact Assessment
To promote and conserve environmental quality, the Minister has, with the approval of the National Environment Board, the power to specify, by notification published in the Government Gazette, the types and sizes of projects or activities of any government agency, state enterprise or private person which are likely to have environmental impacts and which consequently need to prepare reports on environmental assessment in accordance with Section III.C.2, III.C.3, and III.C.4 (Section 46). If any particular project or activity is required to obtain permission from the government authorities prior to its construction or operation, the environmental impact assessment must be submitted both to the competent authorities under other laws and to the OEPP. Such other competent authorities are required to suspend their decisions until they are notified by the OEPP of its decision on such a report.
Polluter Pays Principle
If leakage or contamination caused by or originating from any point source of pollution is the cause of death, bodily harm or health injury of any person or has caused damage in any manner to the property of any private person or of the State, the owner or possessor of such point source shall be liable to pay compensation or damages. This occurs regardless of whether such leakage or contamination is the result of a willful or negligent act of the owner or possessor. Exceptions are made when it can be proved that such pollution leakage or contamination is the result of force majeure or war, an act done in compliance with the order of the Government or State authorities, and
59 National Report of Thailand Page 60 an act or failure to act of the person who sustains injury or damage, or of any third party who is directly or indirectly responsible for the leakage or contamination. The compensation or damages to which the owner or possessor of the point source of pollution shall be liable includes all the expenses actually incurred by the government service for the clean-up of pollution arising from such leakage or contamination (Section 96).
Duty Reduction for Pollution Control Equipment
In 1983, the Finance Ministry announced a duty reduction on imported machinery, materials and equipment for the purposes of energy saving and environmental conservation.
The NEB has the power to formulate water quality standards in rivers, canals, swamps, lagoons, lakes, reservoirs and other public water sources on the basis of water use in each river basin (Section 32 (1)). Such standards are prescribed by ministerial regulations. At present, there are many ministerial regulations under the ECNEQ Act such as Notification of the National Environmental Board, No. 8, B.E. 2537 (Surface water), Notification of the MOSTE, No. 4, B.E. 2539 (Effluent), and Notification of NEB, No. 7, B.E. 2537 (Coastal water).
Public Health Act B.E. 2535
Local authorities are permitted to issue by-laws that cover areas ranging from disposal of rubbish and dirt to the control of operations by a commercial entity that affects an individual’s health. Violation of this Act can result in fines not exceeding 100 baht. This Act also provides for the control of pollution which is detrimental to health or causes a nuisance. In such cases, the public health officials or local authorities have the power to order offenders to stop or rectify the cause of pollution. Failure on their part will allow such officials or authorities to act on the offenders’ behalf at their expense under Sections 26-29. Although this Act does not have a provision directly authorizing the officials or authorities to set up effluent standards, pollution control could be carried out through Section 31 which empowers the local authorities to specify certain types of business needing permission for their operation. This Act also provides power to order a polluter of water sources to restore such water sources. Failure to do so will allow the local authority to take action to mitigate any further adverse effects to such water sources at the expense of the polluter. This type of power can also be found in the ECNEQ Act, B.E. 2535 and the Factory Act B.E. 2535.
Cleanliness and Tidiness of the Country Act B.E. 2503 (1960)
Section 37 of this Act regulates and controls dangerous and unsightly offences to the environment. The Act specifically prohibits the dumping of waste and waste by-products into any body of water.
Factory Act B.E. 2535 (1992)
This Act empowers the Ministry of Industry to issue regulations imposing limits on the level of discharged effluents by a factory and restricting concentration levels of chemical and/or metal pollutants within defined parametres. However, government-owned factories and other facilities are exempt from the provisions of this Act. This Act empowers the Industry Minister to prescribe Ministerial Regulations according to Section 8(4), (5) setting up effluent standards for wastewater from factories of all sizes including those whose construction does not need permission to comply with such standards and which are subject to control and monitoring by officials.
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The Navigation in Thai Waterways (Vol.14) Act B. E. 2535
This Act bans the throwing of any pollutants and/or harmful substances into any source of water. Permission to put anything, from stones to chemical products, into canals, rivers, lakes or ocean bodies must be obtained from the Harbour Department.
Announcement No. 286 of the Revolutionary Council B.E. 2515
This Announcement is for the purpose of controlling commercial housing developments. The Housing Development Committee can issue regulations regarding the sanitation of commercial housing developments. In essence it can mandate the construction of sewerage and sewage treatment plans. It also controls household discharge into public waterways without treatment while authorizing the Land Allocation Board to prescribe ordinances regarding water drainage and treatment of developed villages.
Ordinance of Land Allocation B.E.2535 Section 36
This prescribes that wastewater from each household in the developed area must be treated before being discharged and its quality must not be lower than the effluent standards set by the Office of the former NEB or other local applicable laws.
Building Control Act B.E.2522
Local authorities are permitted by Section 8 and 9 to establish rules and guidelines as to the number and type of toilets a building should have, as well as requesting infrastructure to provide for storm and wastewater drainage. This Act authorizes Ministerial Regulation No.33 to formulate methods of treatment for large buildings or buildings higher than 23 metres. Its Section 33 requires wastewater from such buildings to be treated before being discharged to the catcher and its quality must meet effluent standards set up by the NEB. It should be noted that the discharge of wastewater from small buildings is not subject to this Ministerial Regulation.
Poisonous Substance Act B.E. 2510 (Amended B.E. 2516)
Under this Act, the Ministry of Agriculture, the Ministry of Industry and the Ministry of Public Health are empowered to control the handling of poisonous substances.
The Minerals Act B.E. 2510
Section 67, 68 and 69 requires the concessionaire to treat the effluent so that it does not pose any environmental threat to the public waterways or the well-being of people and property.
The Fisheries Act B.E. 2490
Section 19 prohibits the use of toxic chemicals in catching fish. . Private Irrigation Act B.E. 2482 (Amended B.E. 2521)
Royal Irrigation Act B.E. 2485 (Amended B.E. 2518)
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This Act stipulates that the dumping of solid waste or nightsoil into irrigation systems is prohibited.
The Public Irrigation Act, B.E. 2485
Industrial use of water is also subject to this Act if water is abstracted within the irrigation area. If water is used for mining, such use will be regulated by the Mining Act, B.E. 2510 which prohibits the use of water from public waterways and controls mining activities harmful to public roads or waterways. The Public Irrigation Act, B.E. 2485 also assigns the RID to construct dams and to maintain water levels for energy production and agricultural use.
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Maintenance of Canal Act B.E. 2446
This Act prohibits the dumping of solid waste into canals or water-courses or trench flowing into canals.
The Penal Code B.E. 2499
The Penal Code prohibits the pollution of public water courses and the disposed of where such sites are specifically provided. (meaning??)
The Municipal Cleanliness and Orderliness Act B.E.2535
Coordination problems arise with the Act as different ministries are affected. As a result, joint resolutions for water pollution control are sometimes not implemented. A solution to this problem will focus on a single government body responsible for the control of water use and pollution. In the opinion of the present research team, a ministry of water resources should be established.
Mischief and Penalty in Accordance with the BMA Ordinance for Sanitation and Orderliness in the Bangkok Metropolis B.E. 2523
This ordinance prohibits the discarding of refuse on lawns and the discharge of human waste in the public drainage or public water systems.
The Provincial Authority Act, Municipal Government Act, Sanitary District Act, City of Pattaya Act and Bangkok Metropolitan Act
Under these Acts, local governments are assigned compulsory functions, such as providing public utilities.
Petroleum Act B.E. 2514
This defines legal standards on pollution prevention. Ministry Notification Number 5 (B.E. 2514), which was issued under this Act, states that to prevent damage to property or other people, the concessionaires must apply the necessary precautions to prevent any petroleum, saltwater, drilling mud or other waste to contaminate natural groundwater.
Industrial Estate Act B.E. 2522
The Civil and Commercial Code Section 355 allows industries to access the surface water which flows through their land as necessary.
Port Authority of Thailand Act B.E. 2494
This Act empowers owners of the harbours or jetties to dredge for channel maintenance in order to control harbour activities and navigation in the jurisdiction of the Port Authority of Thailand.
The Electricity Generating Authority of Thailand Act B.E. 2511
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This Act allows the Electricity Generating Authority of Thailand to construct, operate and maintain dams within its jurisdiction and to cooperate with the RID in setting up rules for restoring or releasing water from such dams. Water Hyacinth Eradication Act B.E. 2456 Canal Dredging Act B.E. 2505 Metropolitan Waterworks Act B.E. 2510 The Groundwater Act B.E. 2520 Regional Water Works Act B.E. 2522 Raw Water Supply Canal Act B.E. 2526
The National Water Resource Act (draft)
Since there has been a serious shortage of water resources in the last decade in many parts of Thailand, a water law to manage and control water resources in the country has become necessary. National and local organizations will plan and supervise the proper use of water. Fines and punishment for physical and chemical damage to water resources are also stated in the act.
The Water Resource Act focuses on water pollution in headwaters, empowering the Minister to pass Ministerial Regulations determining the headwater areas. These regulations may set up conditions for land use, transit and any activity including other protective measures. In addition, they may prohibit occupation of land and the deterioration of its soil and water quality. This proposed principle is reasonably sound but it is not necessary to introduce new provisions since the headwater areas could be protected through the proclamation of Protected Area under the ECNEQ Act, B.E.2535.
Moreover, the draft also authorizes the Minister to issue Ministerial Regulations to control the use of public water sources and other activities possibly causing damaging impacts. However, the State already has this power in the ECNEQ Act B.E.2535. In case of emergencies, this Act empowers the Prime Minister to render an order under Section 9.
The draft does not adopt severe penalties for deterrence. Besides, offences in the draft would also be used as a tool for effective water resources management, development and conservation. Therefore, anyone who violated the provisions of the draft would not be considered a criminal but rather another member of community who has to use and share water resources with the rest of the community. Thus, punishment would be a tool to make offenders recognize that they should also have a common duty to conserve and manage water resources.
Penalties in the draft are not as severe as those in the ECNEQ Act B.E.2535 and the Factory Act B.E.2535 except for the offence of unauthorized use of water from a prohibited area which imposes six years’ imprisonment and 600,000 baht or both upon an offender. Since the minimum rate of penalty for this offence is not proposed, the court could adjust the penalty to suit the offender’s action. This judicial adjustment is relatively limited in the draft which adopts maximum imprisonment of fifteen years and a minimum penalty (Section 78).
The draft Administrative Fines has been proposed as a State mechanism to control water users which by-pass the court. The draft empowers the administrative official to fix the fine for offenders, not to exceed a maximum rate in each offence, by taking into consideration the type and severity of action. If the official gives an order to fine and the offenders do not pay within the specified period of time, they would be required to pay 20 per cent interest. To execute a fine, the official could sue an
64 National Report of Thailand Page 65 offender in the civil court with a summary trial. If offenders does not accept the administrative official decision, they could file a motion against the official to the court within 30 days.
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The reason for the adoption of administrative fines is that the offence in the draft is not a crime per se but rather an administrative offence. Thus, the aim of the draft may not be achieved if the police use administrative fines because the police might not be aware of administrative necessity or concern. In addition, it would waste of time and money if such a case were to go through the formal justice system. Moreover, it would make the court overcrowded with unnecessary cases. The process of checks and balances of the official decision would be done by the court.
The draft also empowers river basin commissions to issue, for example, a licence to an applicant for water uses (Section 62(2), a licence to construct reservoirs (Section 42) or a licence for interbasin diversion (Section 43). Suspension of such a licence may occur in cases of violation of rules or conditions for the issuance of the licence (Section 26). When a licensee no longer qualifies as a licensee, causes pollution, nuisance or harm to the public or changes the type of water use or intentionally violates any regulation, rule, announcement, ministerial regulation or official order, his or her licence may be revoked. Revocation could be made only after the hearing of testimony (Section 27).
At the present (January 1998), the draft is waiting for Cabinet approval.
6.1.4 Activities undertaken by the Government
Some activities by the Government regarding aquatic environmental quality in Thailand are described below.
RIVERWATCH
For the environmental monitoring and management of freshwater resources in Thailand, the Oceanographic Company of Norway (OCEANOR) and the Pollution Control Department (PCD) proposed the implementation of certain applications of RIVERWATCH. It is an environmental monitoring, forecasting and information system for inland waters with several applications. This could be the availability of water, conflicting interests in the multipurpose use of inland waters, pollution control, the intelligent and sustainable exploitation of living and non-living resources, the monitoring of agricultural runoff and other pollution levels, forecasting and warning of floods and other disasters. The present project will focus on pollution control and the forecast of algal blooms.
The long-term objective is to improve the social and economic welfare of the country through the provision of processed and analysed water quality data for use by decision makers in the development and management of national water resources. In general, all those living and working in the area and who use the river for water supply, irrigation, hydropower production, aquaculture, fishing or as a recipient will benefit from the proposed project. A special concern is given to the shrimp and bivalve industry depending on the water quality in the Gulf of Thailand.
SEAWATCH
SEAWATCH, THAILAND is a complete marine environmental monitoring and forecasting system which integrates data collection, data analysis, environmental modelling and forecasting with an advanced computerized system for the distribution of marine information and forecasts to interested operators and/or authorities. This project is being implemented under close cooperation with the National Research Council of Thailand (NRCT), OCEANOR, the oceanographic company of Norway, and other involved parties, including the Harbour Department, the Meteorological Department, Port Authority of Thailand, Naval Hydrographic Department, Department of Fisheries,
66 National Report of Thailand Page 67 the Petroleum Authority of Thailand, Marine Police Division, Chulalongkorn University, Prince of Songkla University, and Burapha University.
This programme is being established through the networking of data collection buoys. The observed data can be integrated with data from other sources or used as input to various numerical models. Results from the models can be further combined with marine environmental data and forecasts in a PC based system that would allow users to log on and retrieve the information directly.
Survey and Database Preparation of Pollution Sources and Development of an Action Plan to Improve the Marine Water Quality in the Gulf of Thailand and the Andaman Sea
Owing to the rapid economic growth and population expansion in Thailand in the last few decades, the rivers, seas and coastlines and natural resources are under increasing risk of aquatic pollution from industrial, agricultural and domestic wastewater sources. In order to establish the extent of this threat, and to develop an integrated and comprehensive approach to water quality improvement, the Pollution Control Department have initiated various projects to investigate water quality problems and devise appropriate management solutions. Water quality management planning has been initiated in several inland rivers and catchments including those in the eastern, central and southern regions of Thailand and the Pollution Control Zones (PCZs) at Pattaya, Phuket, Phi Phi Island, Hat Yai/Songkhla and Samut Prakarn.
Nationwide Watershed Water Quality Management Plan
The Pollution Control Department has initiated a major, more organized water quality management project for the nation with the aid of state-of-the-art computer technology. The main objective of the project is to produce integrated master and action plans for the entire nation. Major rivers in the basins are modelled to simulate the current and future hydrodynamic and water quality conditions. All relevant pollution sources such as domestic, industrial, agricultural and non-point sources as well as all construction or development planned for those watersheds which could impact water quality are taken into account. Short-term, intermediate term and long-term plans can be prioritized to meet the needs for areas predicted as most critical by the model. Pollution sources and watershed information are recorded on the geographic information system (GIS) database. These are the areas which are most critical to maintaining the nation’s water quality.
The national watershed area is first divided into five regional river basins: central, eastern, north-eastern, southern and northern. In each regional river basin, there are several individual watersheds. Existing data concerning each watershed, such as water quality, hydrology, topography, meteorology, names, addresses and locations of all identifiable pollution sources, wastewater flow rates and characteristics from all identified pollution sources, population, land use, social and economic conditions, water use and wastewater treatment methods employed are gathered and compiled into a GIS database. Mathematical modelling is done for the major rivers in each regional river basin using the MIKE 11 model. Data contained in the GIS is used by MIKE 11 to make its water quality predictions in the study. Several future scenarios or alternatives for water quality rehabilitation projects can be tested by the models, namely, do nothing, short-term measures in 5 years, intermediate-term measures in 10 years, long-term measures in 20 years. The results of the predicted water quality can be compared with target water quality and cost/ benefit analysis carried out to find the most beneficial and economical solution to the water pollution problem in the watershed.
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Finally, a master plan can be set up to achieve the target water quality objectives in the 20 year planning horizon. Action plans will provide details of the most suitable wastewater treatment scheme for municipalities/ sanitary districts within the river basin. Recommendations for the organization and legal framework to implement and monitor the selected water quality management plan are also proposed.
Water Quality Standard
In order to minimize the pollution loads in the waterways and the sea, the quantity of waste from pollution sources must be specified. The Pollution Control Department has already declared many standards for effluents and for the ambient environment. At the moment, the Pollution Control Department are preparing information for more effluent standards to control other potential pollution sources as follows:
(a) Draft on effluent standards for swine farming
Wastewater from swine farms is a main source of toxic substances, especially in the provinces of Nakhon Pathom, Ratchaburi and Chachoengsao where a large number of swine are raised. Because pig-farming is practised as an industry, the amount and intensity of pollution and environmental damage is greater. For these reasons, the Pollution Control Department has proposed water quality standards to control wastewater from swine farms.
(b) Draft on effluent standards for small ports (less than 500 tons gross) and fish piers
Wastewater discharged from fish markets and fishery ports is composed of high organic matter. This has caused deterioration in the receiving water. The Pollution Control Department monitored effluent water discharged from Bangkok, Samut Sakorn and Samut Prakan fish market and found that BOD, oil and grease and TKN were in the range of 5,710-6,280 mg/l, 110-750 mg/l and 46-145 mg/l respectively. Thongchai studied the wastewater management of the Bangkok fish market and founded that BOD loading from fish preparing and cleaning activities was 287.5 kg/day. At the moment, the Pollution Control Department has prepared information to formulate the effluent standards for the fish market/fishery port to solve these problems.
(c) Effluent standards for oil cargo and gas stations
It was found that a large amount of oil had contaminated the waterways, partly because of the waste discharged from gas stations. Even though oil cargo had wastewater treatment, the waste still had high COD when compared with industrial effluent standards. Therefore, the Pollution Control Department is in the process of formulating effluent standards for oil cargo and gas stations in order to minimize the amount of petroleum contaminating the water and the sea.
Environmental Fund
The Environmental Fund was established under the Enhancement and Conservation of National Environmental Quality Act (1992). The policy of this fund emphasizes water pollution and solid waste management projects for both the private sector and local government. In 1992-1997, most of the Environmental Fund budget (5,030 baht) supported 12 projects of wastewater treatment plants. On the other hand, projects on environmental conservation and protection used only 3,370 million baht.
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Clean technology
Technological innovation and diffusion will be critical determinants of the pace and character of future economic development and environmental management. Hence, governments have become concerned to identify policy options to promote cost-effective A cleaner (pollution-preventing) technologies designed to conserve raw materials and energy, reduce wastes and emissions in industrial operations, and reduce hazards and waste in the use and disposal of products. Cleaner technologies are thus defined as production processes and products which minimize energy, resource consumption and hazards over the product life cycle. This life cycle includes the design, extraction, transport, processing, use and disposal of a product or material.
At present, there are several foreign assistance organizations giving support to pollution prevention and cleaner production, both in terms of funding and technicians, for example, assistance from the Japanese Government through JICA, assistance from the German Government through GTZ, assistance from the Danish Government through DANCED, assistance from the Asian Development Bank, and from UNEB. Some of these organizations have provided assistance to Thailand for many years.
Currently, many organizations are working on pollution prevention and cleaner production, be they the public sector, the private sector and non-governmental organizations. For instance, the Department of Industrial Works is organizing the Cleaner Technology Working Group to motivate and encourage the public sector and the private sector to adopt cleaner technology, Chiang Mai University is studying the reduction of pollution in small-scale metal plating factories within the northern region of Thailand, the Thailand Environment Institute and the Federation of Thai Industries are implementing the Promotion of Use of Clean Technology in Thai Industries Project. This monitors the operations of medium and small-scale industries in the collection of data and information for use as reference and for the creation of a clean technology information centre.
Projects focusing upon pollution prevention and cleaner production are as follows:
1.1 Department of Environmental Quality Promotion, MOSTE (a) Environmental auditing: in process (b) Creation of AEETC which will be a centre for the transfer of environmental technology: assisted by the European Union 1.2 Department of Vocational Education, Ministry of Education (a) Inclusion of the subject A Development of Human Resources and Conservation of Natural Resources in all branches of the high vocational certificate curriculum to promote knowledge, understanding and awareness of students (b) Collaboration with Mahidol University to increase the number of graduates with a Master of Environment degree 1.3 Department of Curriculum and Instruction Development, Ministry of Education (a) Development of an environmental curriculum for primary and secondary education which encourages children to learn about ecology, which allows the system to exist naturally without introducing any foreign substances or synthetics, and which encourages learning about the outcome; a school in Nakhorn Sawan is the starting point 1.4 Agricultural Toxic Substances Division, Department of Agriculture (a) Reduction in the use of pesticides in the agricultural sector (b) Study in the production of chemical-free agricultural products (c) The granting of certificates to certify non-toxic vegetables
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(d) Pilot project on the development and transfer of chemical-free vegetables and fruit production technologies (e) Research and development of pesticide substitutes projects 1.5 Waste Utilization Subdivision, Toxic Substance and Solid Waste Management Division, Pollution Control Department (a) `The recycling of community waste project 1.6 Office of Thai Industrial Standards Institute, Ministry of Industry (a) Provision of the service to certify ISO 14000 standard; 19 applications are under consideration. (b) Training in various industrial standards, especially ISO 14000 (c) Green label project implemented in collaboration with the Thailand Environmental Institute (d) Pilot project on industrial environment management systems 1.7 Department of Health, Ministry of Public Health (a) Training of entrepreneurs in industrial pollution prevention (b) Studying the impacts on the health of industrial workers and people in the vicinity 1.8 Department of Chemical Engineering, Faculty of Engineering, Kasetsart University (a) Curriculum improvement in the pollution prevention and control subject to change the original concept of the maximization of conversion of raw materials to production to the minimization of pollution from raw material conversion (b) Collaboration with the New Hampshire University in training programmes for faculty members and students in clean technology (c) Collaboration with the National Science and Technology Development Agency in promoting and publicizing the clean technology concept (d) Collaboration with the Thailand Environment Institute and DANCED in projects concerning clean technology promotion 1.9 Kenan Institute Asia (question if Kenan is the right spelling) (a) Support for training in sludge recycling ( b) Support for reprocessing oil residue from tankers at Map Ta Put 1.10 Thailand Institute of Scientific and Technological Research (a) Thailand Programme on Cleaner Production in Pulp and Paper Mills. (b) Training in cleaner production in paper and pulp factories, 19-21 March 1997 1.11 The Federation of Thai Industries (a) Industrial Environmental Management Programme (IEM): the main activity is the promotion of clean technology and effective environmental management in industries 1.12 The Industrial Estate Authority of Thailand (a) Establishment of the Environmental Enhancement Centre (EEC) as a centre for technology transfer and training in pollution prevention and cleaner production (b) Collaboration with the New Hampshire University and other organizations in the Road to Sustainable and Clean Growth in Thailand Project.
6.2 GROUNDWATER
The Department of Mineral Resources first proposed a law to control groundwater use in 1964, but the Groundwater Act B.E. 2520 eventually came into force in 1977. The Act was amended in 1992 (B.E. 2535). The major principles of this act are that:
(a) An interdepartmental committee, called the Groundwater Committee, chaired by the Director General of the Department of Mineral Resources be set up;
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(b) Activities related to groundwater must obtain permission from the local groundwater officer in each groundwater zone. There are three kinds of permission: (1) to drill a well, (2) to pump the water, and (3) to dispose of any water into the well; (c) The responsibilities of those granted permission are defined; (d) The authorities of the enforcing officers are laid down; (e) Permission withdrawal criteria are defined; (f) The punishment of violators is prescribed.
As a consequence of this act, the Ministry of Industry issued several regulations and notifications, the major ones are:
Regulation Number 6 (B.E. 2537) sets a fee of 3.50 baht (US$ 0.14) per cubic meter that the users must pay to the Department of Mineral Resources Notification Number 1 (B.E. 2521) on the Groundwater Zone in Bangkok and its vicinity with a definition of groundwater depth
Notification Number 2 (B.E. 2521) on Principles and Standards for Well Drilling and Termination controls the methods, location, drilling equipment, well size, soil and rock sampling, well depth, well lining, filters, gravel pack, well plug and seal, well development, pressure testing, water sampling, reporting and drilling termination
Notification Number 3 (B.E. 2521) on Principles and Standards for Conservative Groundwater Extraction defines the type and rate of pump, groundwater quantity and quality monitoring
Notification Number 4 (B.E. 2521) on Principles and Standards for Hygienic and Groundwater Pollution Protection includes the protection of wells from surface water contamination, groundwater quality standard (table 6.1), sterilization methods, hygienic standards, and well abandonment procedures
Notification Number 5 (B.E. 2521) on Principles and Standards for Water Disposal in Wells covers the quality of disposed water (table xx), geological structure of allowable wells, observation well, disposal rate, well modification and reporting
Notification Number 6 (B.E. 2528) on Principles and Standards for Well Drilling and Termination to amend Notification Number 2
Notification Number 7 (B.E. 2528) on Principles and Standards for Conservative Groundwater Extraction to amend Notification Number 4
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Table 6.1 Standard for potable groundwater quality according to the Ministry of Industry Notification No. 4 (BE 2521)
Physical properties Range Acceptable level Colour 5 (platinum cobalt unit) 50 (platinum cobalt unit) Turbidity 5 (turbidity unit) 20 (turbidity unit) PH 7.0 - 8.5 6.5 - 9.2 Chemical properties (ppm) (ppm) Fe <0.5 <1.0 Mn <0.3 <0.5 Cu <1.0 <1.5 Zn <5.0 <15.0 SO4 <200 <250 Cl <200 <600 F <1.0 <1.5 NO3 <45 <45 Total Hardness (as CaCO3) <300 <500 Non-carbonate Hardness (as <200 <250 CaCO3) Total Solids <750 <1500
Table 6.2 Standard of water allowed to be disposed in wells according to the Ministry of Industry Notification No. 5 (BE 2521)
Property Maximum allowable (ppm) Color 50 (Platinum-Cobalt Unit) Turbidity 50 (Turbidity Unit) pH 5.0 - 9.2 Total solids 2,000 BOD 40 Oil and grease 5.0 Free chlorine 5.0 Cu 1.5 Zn 15.0 Cr 2.0 As 0.05 CN 0.2 Hg 0.002 Pb 0.1 Cd 0.1 Ba 1.0
Furthermore in order to solve the problems of salt water intrusion and land subsidence in Bangkok and its vicinities because of excessive groundwater extraction, the cabinet on 15 March 1983 approved a proposal by the National Environmental Board to set up a multi-department project to prevent and regulate the groundwater crisis and land subsidence in Bangkok and its vicinities.
An accomplishment of groundwater management in Thailand is the reduction in the groundwater demand by the Metropolitan Water Works Authority. In 1954 about 3 million cubic 72 National Report of Thailand Page 73 metres of groundwater was used to make tap water in Bangkok and the rate increased to a peak in 1979 when 176 million cubic metres was used per year. After that the rate declined and in 1987 MWWA used only 67 million cubic metres of groundwater as its raw water. The proportion of groundwater used to make tap water in Bangkok and its vicinities decreased from 51.1 per cent in 1961 to only 8 per cent at present.
Most interventions from the Government, especially the Department of Mineral Resources, are primarily aimed at minimizing land subsidence especially in the Bangkok area. Mathematical models are being experimented with for prediction purposes. For the other parts of the country, potential groundwater has been evaluated since 1994 for management purposes. Pollution and contamination studies and monitoring are also carried out by various agencies such as the Department of Mineral Resources, the Pollution Control Department and local municipalities.
6.3 MARINE/COASTAL HABITAT/ECOSYSTEM DESTRUCTION
6.3.1 Mangrove ecosystem
Thailand was the first country in the world to establish a national agency on mangroves, the National Mangrove Resource Committee being set up on 5 January 1977. The activities of this committee over the past years have been summarized by Thanasukarn (1995):
(a) The committee has the authority to approve or reject all applications for any activities in mangrove areas. Out of 291 applicants (28,223 hectares), 121 have been approved (16,343 hectares); (b) The Committee proposed to the Government a zoning system which was approved and became effective in 1987; (c) The Committee resolved the problem of encroachment on the Gulf east coast; (d) The Committee proposed that Ko Surin should be a National Park; this was approved in 1981; (e) The Committee proposed that the Sixth National Economic and Social Development Plan and subsequent ones should include mangrove resources; (f) The Committee promotes research, funding about 40 research projects; (g) The Committee coordinated several international/bilateral research programmes; (h) The Committee supported the participation of Thai scientists in international meetings, study tours, and postgraduate studies abroad; (i) The Committee established a research centre in Ranong; (j) The Committee established a mangrove data centre at the National Research Council; (k) The Committee organizes a National Mangrove Symposium every three years, with occasional training and workshops; (l) The Committee has promoted public awareness of mangroves.
Influence by the National Mangrove Committee, the Government issued about 12 cabinet resolutions concerning mangroves between 1978 and 1996. Among those, probably the most significant one is that of 15 December 1987 that divided all public mangroves (372,390 hectares) into three zones according to their condition and degree of utilization at that time:
The Conservation Zone (42,620 hectares or 11.46 per cent) where all utilization and disturbances are prohibited; this includes: (a) Areas for preservation of economic plants and animals; (b) Nursing grounds for plant and animals; (c) Areas susceptible to damage and erosion;
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(d) Historic areas; (e) Area with local uniqueness; (f) National parks, tourist areas, wildlife sanctuaries, non-hunting areas; (g) Wind shield areas; (h) Area significant for research; (i) Area significant for environmental and ecological preservation; (j) Areas more than 20 metres from natural rivers or streams, or more than 70 metres from the sea coast.
Economic Zone A in which only sustainable uses of mangrove trees are permitted (199,690 hectares or 53.61 per cent); this includes: (a) Concession areas; (b) Community forests; (c) Mangrove plantations.
Economic Zone B for degraded mangroves in which other land uses and developments are allowed but which must consider the environment (130,080 hectares or 34.93 per cent); this includes: (a) Agriculture (cash crops, husbandry, fisheries, salt farms); (b) Industry (mining, factories); (c) Urban areas; (d) Trading and commercial areas; (e) Piers and harbours; (f) Others.
According to this cabinet resolution, shrimp farms will be allowed only in Economic Zone B and by renting or concession from the Government only. However, as of 23 July 1991 the cabinet issued another resolution to prohibit any new concessions of any kind in any mangrove zone.
Another cabinet resolution on 4 June 1991 outlined the following urgent measures to manage mangrove resources:
Provincial mangrove management plans to be drawn up; Local conditions and requirements in each plan to be taken into account; Mangrove areas to be defined and marked; Remote sensing techniques to be applied; Ground surveys and marking to be conducted every two years; Seed production to be encouraged through replanting; Disturbed forests to be restored and replanted; Privately owned mangrove plantations to be supported; Seed source areas in conservation forests and plantations to be developed; Encroachment to be reduced; Patrolling to be intensified and public awareness built up; Support from the navy to be requested and certain navy officers assigned as additional forestry officers according to the Forestry Act; Intensive aquaculture to be promoted outside mangrove areas; Programme evaluations to be conducted by inspectors from the Prime Minister’s Office; The necessary budget to be allocated from the Budget Bureau.
As far as shrimp farming is concerned, the national policies on mangrove management and conservation were summarized by Prakobboon (1997) as:
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(a) The suspension of all charcoal concessions in Economic Zone A; (b) The replanting of mangrove trees and establishment of seed production centres at Trad, Phangnga, Nakorn Sri Thammarat and Satun provinces. The goal was to replant 8,000 hectares annually between 1992 -1996; (c) The establishment of a buffer zone around conservation areas; (d) The introduction of environmental friendly shrimp farming techniques and techniques to increase the number of shrimps per unit area instead of acquiring more land. The shrimp farming area was set at 80,000 hectares; (e) The restriction of shrimp farms to the back of mangrove forests. The Department of Fisheries will develop seawater irrigation systems and the central treatment of wastes from ponds. Some examples can be seen at Pak Panang, Nakorn Sri Thammarat and Ranode, Songkhla; (f) The registration of tiger prawn farmers. Every year farmers must register and present land right documents or rental contracts at the district fisheries office. Farmers are also obligated to protect the environment by: (i) Not disposing saltwater into freshwater canals or agricultural areas; (ii) Not disposing dredged mud into canals or public areas. Each farm must set aside at least 10 per cent of the land to store dredged muds; (iii) Controlling the BOD level of wastewater so as to be under 10 mg/l before release into public waterways.
The Department of Fisheries will regularly monitor water quality in the aquaculture area.
6.3.2 Forest laws and regulations
Laws and regulations affecting mangrove forests are:
(1) Acts, such as the Forest Acts and the National Forest Reserved Acts; (2) Rules and regulations issued for the special use of mangrove forests as well as to facilitate the supervision and control of the use of mangrove forests by field officials; (3) Terms and conditions specified in the concession agreement.
Forest Acts
Laws and regulations concerning mangrove resources management can be categorized into forest laws and regulations, mining regulations under the Department of Mineral Resources and Cabinet resolutions.
Forest Act
This Act was enacted in 1941 and the latest revision was in 1975. It regulates the use of timber and forest products in national forests. It provides guidelines for the Royal Forest Department in supervising the exploitation of the forest as well as in supervising various activities concerning timber forest products, from the time of harvesting to the sale of the final products. The main use of mangrove forests has been the harvesting of wood for charcoal production.
National Forest Reserved Act
The National Forest Reserved Act was enacted in 1964. All mangrove forests are declared reserved forests under this Act.
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Rules and regulations
In mangrove forests there are two types of standard set by the Royal Forest Department: (1) Standard procedures for field officials administering concessions; (2) Standard procedures for the use of mangrove forest for other purposes.
In administering mangrove concessions, mangrove management units have been created to supervise the work of the concessionaire. There are 34 mangrove management units all over the coastal provinces. The main functions of the mangrove management units include: supervising logging in the concession area; measuring firewood for royalty assessment; controlling charcoal production by concessionaires and measuring charcoal output for issuance of transit forms; calculating annual yield route and log pond siting; selecting the site for replanting; and estimating the cost of such planting. There are two major uses of mangrove forest for other purposes, namely for mining and for shrimp culture farming.
The Forest Act B.E. 2484 (1941) and 2503 (1960) is mainly geared to exploitation rather than conservation. The Act controls the exploitation of forest products through a permit system (involving government royalties) and also regulates road and river transport and the processing of forest products. Under the Forest Act, mangrove forests have been treated and managed as national forests. The zoning of mangrove forest has been made to allocate the development, conservation and preservation zones.
The National Parks Act B.E. 2504 (1961), representing a specific area policy, covers all natural resources in identified areas called national parks. All natural resources, including mangrove forest, seashore land, tin, fishery, coral reefs and coastal sea water in the national park are to be strictly conserved.
The National Forest Reserves Act B.E. 2507 (1964), was promulgated when it was realized that Thailand's forests were not being adequately protected under the Forest Act. As the title implies, the Act provides for the establishment of forest reserve areas including parks (by means of ministerial decrees). Within such areas it is prohibited to hold or own land, clear land, burn the forest, fell timber, gather forest products or commit any other act detrimental to the nature of the forest except with special permits to work timber, for temporary dwelling, mining, or research.
The Wild Animals Reservation and Protection Act B.E. 2507 (1964) is designed not only to protect wildlife by outlawing hunting, setting up trade controls (applicable throughout the country) and protecting wildlife reserves and non-hunting areas, but also within reserve areas, it prevents specifically prohibited persons from possessing or holding land, cutting, felling, destroying or burning trees or other vegetation, digging for minerals, pasturing animals, and diverting or otherwise affecting watercourses. The legislation, therefore, affects the management of mangrove forest, seashore land and tin resources, especially within the reserve areas.
The Town Planning Act B.E. 2518 (1975) provides for the designation of selected urban and rural areas to be the subject of either general plans or specific plans. As the terms imply, a general plan is to be used for guidance in the development and maintenance of the resources in designated area while a specific plan provides the actual details for such development and maintenance in a portion of the area. The Town Planning Act, therefore, covers natural resources in the planned area, including mangrove forest, seashore land and tin.
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The National Forest Policy (3 December 1985) proposed by the National Forest Policy Committee aims to control the management of forest and other natural resources and to preserve not less than 40 per cent of the total affected area as national forests reserved for economic purposes. Thus, the National Forest Policy includes the management of mangrove forest, seashore land and tin resources within forest reservations.
The Cabinet Resolution (28 May 1985) proposed by the National Environment Board identifies river basins made up of five classes. This cabinet resolution, therefore, regulates the management of several natural resources, especially mangrove forest, seashore land and tin.
The Cabinet Resolution (28 May 1985), National Forest Reserves Act B.E. 2507 (1964), Wild Animals Reservation and Protection Act B.E. 2504 (1961) and Town Planning Act B.E. 2518 (1975), reflect specific area policies on mangrove forests, seashore land, and tin resources. Since 1978, there have been many Cabinet resolutions regarding the preservation and use of mangrove areas. In 1987, mangrove areas were divided into three zones: Conservation, Economic Zone A, and Economic Zone B. Cabinet decrees prohibiting the locating of development projects in certain mangrove areas were utilized up to 1991.
6.4 DECLINE IN FISHERIES RESOURCES
Marine capture fisheries has been recognized as a major food source for the country since the launching of the First National Economic and Social Development Plan in 1961. Yet the contribution of fisheries to GDP has declined steadily since the period of the First Plan (1961-1966) and at present represents only about 2 per cent of GDP. The most recent and very comprehensive analyses of government fishery policy; laws and regulations; fisheries management authorities; mechanisms, programmes and projects in support of fisheries management; international cooperation; problems and constraints in fisheries management; and resolution of problems and constraints in fisheries management were carried out by Menasveta (1997) and will be summarized here. In the same report Menasveta (1997) also analysed the marine capture fisheries status and policy in Cambodia, Malaysia and Viet Nam. This report is strongly recommended for anyone wishing to understand the fisheries problem in this region.
6.4.1 Government policy with respect to the fisheries sector
The important contribution of the fisheries sector to the economy and food security of Thailand has been recognized by the Government. Since the launching in 1961 of the first five-year National Economic and Social Development Plan (1961-66), fisheries development has been an integral part of the National Economic and Social Development Plan of the country.
Phasuk (1993, 1996 and 1997) gives an analysis of the objectives, policies and strategies for fisheries development since the implementation of the First National Economic and Social Development Plan. His analysis is summarized below.
Under the first two National Economic and Social Development Plans (1961-1971), the overall objective was to increase fisheries production for domestic consumption to ensure food security. The policy direction was to promote the exploitation of untapped marine fisheries resources, i.e., demersal fish resources in Thai waters through the development of trawl fisheries. The strategy was to give concessions to those investors who were interested in investing in trawl fisheries, including soft loans, a grace period for taxation, and the reduction of import and export duties. This
77 National Report of Thailand Page 78 strategy resulted in the increase of marine fishery production from approximately 200,000 tons in 1961 to 1.5 million tons at the end of the Second Plan in 1971. Under the Third National Economic and Social Development Plan (1972-76), the objective of increasing foreign currency income through the export of fish and fishery products was added. Under this Plan, the policy was to give primary attention to coastal aquaculture development with an emphasis on shrimp culture. While the physical target set for the fisheries production increase of 7 per cent by the end of the Third Plan was achieved, the target for increasing production from coastal aquaculture was not achieved. The objectives of the Fourth National Economic and Social Development Plan (1977-1981) were the same as those of the Third Plan. While accelerated coastal aquaculture development was the main policy, another important policy appeared for the first time, i.e., the conservation of marine fishery resources and their habitats. The strategies under this Plan included continued support for accelerated coastal aquaculture development and the strengthening of the country’s fisheries management framework including the issuance of various governmental regulations for the conservation and management of marine fishery resources. At the end of this Plan, marine fishery production reached a level of two million metric tons, mainly owing to the rapid expansion of trawl fisheries into adjacent waters. However, the abundance of demersal fishery resources in the Gulf of Thailand decreased drastically as indicated by the decline of the index of abundance of these resources from 297.6 kg/hr trawling in 1961 to 49.8 kg/hr in 1981.
The objectives of fisheries development under the Fifth and Sixth National Economic and Social Development Plans (1982-1991) were basically the same as those of the Third and Fourth Plans, namely to increase fisheries production for both domestic consumption and for export, but the policies and strategies emphasized the promotion of fishing activities of the Thai fleets outside the Thai exclusive economic zone (EEZ) through joint ventures; and the development of culture-based fisheries in freshwater areas of the country to reinforce food security for the rural population. Fisheries production continued to increase to 2.8 million tons in 1990. Of this total, the contribution from the aquaculture subsector increased to about 10.4 per cent. The contribution of the inland capture fisheries was only about 4.6 per cent. Overfishing became evident in the Gulf of Thailand with a drastic decline in the abundance of demersal fishery resources and about one million tons of low value species and juveniles of commercial species (trash fish) caught by trawlers annually.
Although the overall objectives for fisheries development under the Seventh National Economic and Social Development Plan (1992-96) were similar to those of the Fifth and Sixth Plans, increased attention was given to the rehabilitation of the fishery resources and fish habitats in the Thai EEZ through more effective fisheries and environmental management measures. The physical target was to maintain the marine fishery production at not less than 1.7 million tons annually in the Thai EEZ. Outside Thai waters, the policy was to support fisheries under fishing or joint venture agreements with neighbouring countries and to manage the Thai fleets in strict compliance with these agreements with a view to obtaining at least 1.8 million tons accelerated aquaculture development in inland and marine waters and the attainment of high standards for Thai fish and fishery products in response to the requirements of foreign markets.
During this Seventh Plan, the strategies covered the reinforcement of various marine fisheries management measures, including the construction of artificial reefs in many coastal areas; fishery resources conservation; and the setting up of pilot projects on coastal area management with more active participation from small-scale fishing communities in the management of the fishery resources in waters adjacent to their villages to ensure their sustainable yields. Other priorities included the strengthening of the country’s monitoring, control and surveillance system and the establishment of regulations for those vessels fishing outside Thai waters under joint ventures or fishing agreements. The Government also set up a national fisheries policy committee, a standing committee chaired by
78 National Report of Thailand Page 79 the Deputy Prime Minister. The committee includes members of both the government and private sectors.
Under this Plan, the Thai marine fisheries production was estimated at 3 million metric tons in 1993 of which approximately 10 per cent was contributed by coastal aquaculture. The development of deep sea fisheries, for example, tuna fisheries, did not achieve the anticipated target. Total marine production was short of the target by about 500,000 tons because of conflicts in the pursuance of joint ventures. Coastal mariculture was higher than the anticipated target, resulting in significant foreign currency gains from the export of prime aquaculture products such as shrimps.
As directed by the National Fisheries Policy Committee mentioned earlier, fisheries development under the current Eighth National Economic and Social Development Plan (1997-2001) has four policy directives:
(a) In Thai internal waters and EEZ: To endeavour to attain fisheries sustainability by maintaining at least 1.58 million tons of marine fishery production a year during the current Plan, with the rehabilitation of the fishery resources and environment and a reduction in by-catch and low-value catch by about 100,000 tons a year.
(b) Outside Thai waters: To implement regulations governing the conduct of the Thai fleets in compliance with fishing or joint venture agreements with other coastal States. The target is to make available approximately 3,500 fishing vessels of more than 18 million tons annually outside Thai waters.
(c) Aquaculture development: To accelerate coastal aquaculture development with the diversification of cultivable species; and the prevention and control of environmental degradation from aquaculture development. The target is to increase the aquaculture production by about 5 per cent annually.
(d) Post-harvest technology development: To improve the quality assurance and control of the Thai fish and fishery products to enable them to compete in foreign markets; and to resolve fish marketing and export problems. The target is to produce for export at least one million tons annually.
In order to implement the above policies the following strategies have been proposed by the Thai Department of Fisheries for consideration by the National Fisheries Policy Committee and the National Economic and Social Development Board:
Fisheries in Thai waters
Stressing the importance of fisheries management as a means of conserving and rehabilitating the depleted marine fishery resources in Thai waters, the Government will strengthen fisheries management measures, including reducing the number of fishing vessels, especially trawlers and push netters commensurate with the capacity of the demersal fishery resources. Other conventional management measures such as the closure of fishing grounds and seasons as well as the regulation of types of fishing gear will also be implemented as appropriate. New measures including the granting of fishing and aquaculture rights to coastal fishing communities will be tried on an experimental basis. The strengthening of the monitoring, control and surveillance system will be carried out by enhancing the capacities of the agencies concerned.
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Environmental protection and the rehabilitation of fish habitats will be another important strategy in this overall endeavour. Efforts will be made to enhance the standards for fishing operations of boat crews with a view to bringing them closer to international standards.
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Efforts will also be made to familiarize fishermen with the current rules and regulations for the sustainable development of the fisheries through THE enhancement of mass media communication.
Fisheries outside Thai waters
The strategies include the promotion and support of negotiations for fishing and joint venture agreements with other coastal States; promotion of deep sea fishing such as the provision of credit facilities for investment in such endeavours; enhancement of closer cooperation between government agencies, private sector and non-governmental organizations; protection of and assistance to the Thai fleets fishing in other waters and the high seas; and the provision of international rules and regulations governing fishing in international waters.
Coastal and marine aquaculture
The strategy is to enhance the efficiency and productivity of various aquaculture systems; the prevention and control of environmental degradation caused by aquaculture activities, such as the management of saltwater irrigation in brackish water shrimp culture; and the procurement and support of basic prerequisites for accelerated aquaculture development.
Post-harvest technology development
The strategy includes the identification of the sources of supply and procurement of raw materials such as fresh or frozen tuna for the manufacturing industry; fish marketing and fish product development; strengthened quality assurance and control of manufactured fish and fishery products for export; and the prevention and control of environmental degradation resulting from the manufacturing industry.
6.4.2 Laws and regulations
Laws governing fishing activities in Thailand (with primary attention to inland waters) are believed to have been in force for more than 160 years. However, the first fisheries law, the Water Tax Act R.S. 120, was enacted on 14 March 1901. This law contained 22 articles, empowering the Minister of the Interior and the Minister of the City (Bangkok) to be responsible for its implementation. The Act contained legal provisions for the conservation of aquatic resources; the collection of water tax (fishing activities); and punitive measures. Because of the many inherent problems relating to the implementation of fishery resources conservation under this Act, the Government in 1921 decided to reassign the responsibilities for technical matters relating to the aquaculture and capture fisheries (mainly inland fisheries) to the Ministry of Agriculture and for the protection of fishing areas and tax collection of the fisheries to the Ministry of Finance.
The Government enacted a new fisheries law, the Fisheries Act, B.E. 2490 on 14 June 1947 to cope with the rapid development of fisheries after the second world war. Two amendments have since been made to this Act in 1953 and 1985 with a view to improving various measures, notably those for the effective conservation and management of aquatic resources, especially marine fishery security. The Fisheries Act comprises six chapters with 73 articles that cover fisheries management; fishery resources conservation; aquaculture; registration and application for permission; and collection of revenue from fishing activities.
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It is generally agreed by the officials concerned that the Fisheries Act B.E. 2490 can accommodate the important provisions of major international instruments and initiatives which are concerned with the sustainable development of fisheries and environmental protection. Among several important articles in the Fisheries Act, Article 32 empowered the Minister of Agriculture and Cooperatives or provincial governors with the consent of the Minister to issue regulations for the management of fisheries and conservation of fishery resources as appropriate. The ministerial and/or provincial regulations concerning fisheries management which are currently in force can be classified broadly as follows:
(a) Limitation of entry to fisheries through fishing licenses; (b) Prohibition of the use of certain types of fishing gear during the spawning and breeding seasons of some commercially important species; (c) Prohibition of certain types and sizes of fishing boats and gear in some areas; (d) Declaration of protected areas; (e) Protection of endangered and threatened species; (f) Prohibition of the use of poisons, stupefying chemicals, explosives and electric stunning.
Article 28 of the Fisheries Act deals with the licensing of fishing gear. In the amended Fisheries Act B.E. 2538, Article 28 states that the owner of a fishing vessel fishing illegally in foreign waters is responsible for paying all expenses for the return of the boat and crew to Thailand if such a vessel is arrested for illegal activities.
A number of articles under the current Fisheries Act would facilitate the enactment of rules and regulations for the implementation of a community-based fisheries management system of fishing rights in the country. These include Article 6 which categorizes the types of fisheries; Article 7 which empowers a provincial governor, with the approval of the Minister of Agriculture, to make notification about the types of fisheries within his/her province; Article 12 which defines a reserved area for a person or an entity who is permitted to fish or to cultivate aquatic animals (licensee); Article 13 which prohibits any person other than the licensee to fish in the reserved fisheries area; and finally Article 52, which empowers a provincial governor, with the consent of the Minister of Agriculture, to forbid any person other than the licensee to enter any reserved fisheries area unless permission has been obtained from the licensee or a competent official.
In addition to the Fisheries Act, other fisheries-related laws include the Act Governing the Right to Fish in Thai Fisheries Water B.E. 2482 (1939) and the Thai Navigation Act for which the Harbour Department, Ministry of Transport and Communications, is responsible. Reference should be made to the Wildlife Reservation and Protection Act, B.E. 2535 (1992) which empowers the Department of Fisheries to protect all aquatic animals listed as reserved and protected, including marine mammals, turtles, corals and several endangered or rare fish species. This Act also has provisions for the control of international trade of endangered species in compliance with CITES.
As regards environmental protection prior to 1974, responsibility for the control of marine pollution from both sea-based and land-based sources in Thailand was discharged by several governmental agencies. In 1975, the Enhancement and Conservation of National Environment Quality Act was promulgated by the Government, under which the Office of the National Environmental Board was established within the Office of the Prime Minister. This environment act was subsequently strengthened and in 1992 the amended Enhancement and Conservation of National Environmental Quality Act came into force with the Office of the National Environment Board being transferred to the Ministry of Science, Technology and Energy and upgraded. This Office develops
82 National Report of Thailand Page 83 policy for the control of environmental matters but the policy is implemented by various operating agencies. There are a number of laws concerning environmental matters in Thailand, including water management; the control of animal and plant introduction; wildlife conservation; forest protection; and the creation of national parks and reserves. Thailand also has legislation on environmental impact assessments for development projects and the control of pollution and toxic chemicals. However, there is no general legislation governing all aspects of the environment. Thus, the problem is not the lack of legislation, but coordination among the authorities in administering the laws and regulations.
6.4.3 Fisheries management authorities
Under the current Eighth National Economic and Social Development Plan, it is expected that general policy guidance will come from the Standing Committee for the Policy and the Restoration of the Thai Seas, chaired by the Prime Minister, and more specific fisheries policy from the National Fisheries Policy Committee, chaired by the Deputy Prime Minister (this committee has the participation of the private sector). As indicated earlier, the Ministry of Agriculture and Cooperatives is the responsible agency for enforcing the Fisheries Act, while the Ministry of Transport and Communications is responsible for the Thai Navigation Act.
The principal governmental agency which is directly responsible for fisheries management is the Department of Fisheries under the Ministry of Agriculture and Cooperatives, in particular the Fishery Resources Conservation Division, and at the provincial level, the Provincial Fisheries Offices and the District Royal Thai Navy; the Royal Customs Department; the Police Department; the Office of the National Environmental Board and the Harbour Department. At times, problems arise but no concerted action is taken as several agencies claim that such problems are outside their jurisdiction. There is definitely a lack of close coordination among these agencies.
6.4.4 Mechanisms, programmes and projects in support of fisheries management
As programmes and projects in support of marine fisheries management involve the work of several divisions and research units within the Department of Fisheries, a Standing Committee for Considering Management Measures Required for Aquatic Resources Conservation was established in 1991 by the Director-General of the Department of Fisheries to coordinate the work of these various units.
The strategies and action plans for a more effective fisheries management regime which will be implemented during the Eighth National Economic and Social Development Plan have already been mentioned. They are highlighted below:
Commercial marine fisheries Accelerated action required to amend the relevant laws and regulations, particularly disparate regulations concerning the control of fishing activities and fishing fleets Promotion of fishermen's associations Reinforcement of regulatory management measures Improvement in fisheries information and statistical systems as well as communication through the mass media to familiarize the public with the need for sustainable development of fishery resources Limitation in the number of fishing vessels and regulation of mesh size Installation of artificial reefs in coastal areas Strengthening of research relevant to the conservation of fishery resources and fisheries management Formulation of area/community-based master plans for fisheries management at the local level
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Promotion of closer cooperation among researchers, resources managers and fishermen in the endeavour to restore resource productivity At the regional level, promotion of cooperative research especially on commonly exploited or transboundary fish stocks.
Small-scale fisheries Implementation of pilot projects on integrated coastal area management Construction of more artificial reefs along the coast Declaration of more marine reserves
Overseas fisheries Promotion of joint ventures in fisheries Promotion of deep sea fisheries with a special emphasis on tuna fisheries Amendments to the regulations under the Fisheries Act with a view to ensuring more compatibility with relevant international instruments and initiatives concerning fisheries in the high seas Promotion of the development and rational management of straddling or transboundary fish stocks in the Thai EEZ.
Monitoring, control and surveillance system (MCS)
The Department of Fisheries has endeavoured, especially during the past decade, to strengthen the fisheries management capability of the Fishery Resources Conservation Division, the Offices of the Provincial Fisheries Officers and District Fisheries Officers by increasing their budgets and providing more facilities. More than 40 patrol vessels are now in operation for enforcing various fisheries management measures. However, there is a need to strengthen further the monitoring and surveillance systems, especially the possible deployment of satellite communication to ascertain the position of fishing vessels, in particular those fishing outside the Thai EEZ, and the strengthening of information technology for rapid communication. There is also a need to harmonize the systems employed among the countries in the region to facilitate better assistance to those fishermen who have complied with the rules and regulations and to reduce the incidence of illegal activities.
Fisheries information and statistical database
During the past two decades, there has been a remarkable improvement of marine fisheries statistics, thanks to the attempts made some thirty years ago to improve the marine fisheries statistics of the country, employing periodic marine fisheries census and sampling techniques. The Department of Fisheries now computerizes fisheries data and maintains a fairly good fisheries statistical database. However, there is still a need to continue to improve catch and effort statistics, especially in the fishing grounds outside Thai waters. The Department of Fisheries has also recognized the need to strengthen socio-economic information which may be of value in setting up improved fisheries management measures.
Fisheries information has also been improved in the past two decades. Unfortunately the fisheries information has a limited distribution as it is written mostly in Thai. Attempts should be made to publish information, at least a resume, in English to facilitate better communications with neighbouring countries. There is a need to improve the fisheries information database so that up-to-date information can be readily disseminated to the private sector, fishermen, industries and abroad.
Fishery research
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Fishery research of relevance to marine fisheries management is conducted primarily by the Marine Fisheries Division and its various centres, such as the Marine Fisheries Development Centre for the Upper Part of the Gulf of Thailand (Bangkok, formerly the Marine Fisheries Laboratory); Marine Fisheries Development Centre for the Eastern Part of the Gulf of Thailand (Rayong); Marine Fisheries Development Centre for the Lower Part of the Gulf of Thailand (Songkhla); and Marine Fisheries Development Centre for the Andaman Sea (Phuket).
While satisfactory progress has been made especially on the assessment of the state of the fish stocks in Thai waters, there is a need to update the assessment of their abundance and the rate of removal by fisheries on a regular basis. More importantly, information regarding the abundance of the fishery resources exploited by Thai fleets in fishing grounds outside the Thai EEZ must be acquired without delay, for example from the fishing logs of the Thai vessels fishing in those waters.
6.4.5 International cooperation problems and constraints in fisheries management
Thailand has been an active member of several international and regional organizations concerned with fisheries conservation and management as well as marine affairs, including the Asia -Pacific Fishery Commission (APFIC) and its subsidiary bodies and the Southeast Asian Fisheries Development Centre (SEAFDEC) which have a broad mandate for fisheries management and rational development.
Thailand has expressed interest in a number of international and regional fisheries forums concerned with cooperative research to ascertain the economic viability of new fishing grounds within the ASEAN waters and to conduct biological and ecological studies on straddling and highly migratory fish stocks as well as on shared, transboundary fish stocks in South-East Asian waters, with a view to ensuring the sustainability of fisheries in the ASEAN region. The Government has also expressed its willingness to negotiate at the bilateral or multilateral level for joint management of shared stocks in South-East Asian waters. The feasibility of cooperative research, development and management of transboundary fish stocks inhabiting the eastern part of the Gulf of Thailand has been recently discussed with Cambodia and Viet Nam.
The Government has approved Thailand’s membership in the recently established Indian Ocean Tuna Commission (IOTC). In its Eighth National Economic and Social Development Plan, the Government will promote investment in deep sea tuna fishing in the Indian Ocean. The Agreement for the Implementation of the Provisions of the United Nations Conference on the Law of the Sea of 10 December 1982 in relation to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks is being studied by the responsible agencies of the Government with a view to ratifying it in due course.
Fisheries policy in Thailand is governed by two basic acts: the Act Governing the Right to Fish in Thai Waters of 1939 and the Fisheries Act of 1947. They administer fisheries resources to maximize benefits from the utilization of these resources rather than to reserve them for future natural wealth. There are several other related acts and regulations concerning navigation (1913) , fish markets (1953) , fish processing factories (1963), fish exports (1980) and fishermen’s cooperatives (proposed).
The Thai Waters Act of 1939 defines the Thai fishery waters as the territorial waters of 12 miles from shore and any other waters in which Thailand is entitled to exercise fishing rights. According to this act all fishing vessels in Thai territorial waters are required to hold a fishing licence.
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Fishing licences are to be issued only to Thai nationals or to partnerships and companies in which 70 per cent of the capital is owned by Thai nationals. Foreign vessels are not allowed to fish in Thai fishery waters except where there is an agreement with foreign countries. The authorities are empowered to seize any vessel operating in violation of the Act, to confiscate its catch and to prosecute the individuals or companies involved.
The Fisheries Act of 1947 deals with fishing areas, licences, fishery statistics and fisheries control and prosecution of offenders as well as fish culture. This Act classifies fishing areas into: (a) sanctuaries where fishing is prohibited; (b) leasable and reserved areas both of which are reserved for individual licence holders, but the former permit unlicensed fishing with certain gear for home consumption as well; and (c) public areas for which no license is specified but fishing is subject to compliance with conditions imposed by the Minister of Agriculture and Cooperatives.
The Act covers reptiles, aquatic mammals and molluscs, as well as fish. The Act also empowers the Ministry to issue regulations on fishery matters such as the closing of fishing areas or the establishment of seasons, the issuance of special fishing rights and the collection of fishery revenues, and the protection for endangered species such as marine turtles, dolphins and dugong, as well as the prohibition of certain fishing practices (for example, a prohibition to catch mackerel during the spawning season from 15 February until 15 May in Prachuab Kiri Khan, Chumpon, Surat Thani and Nakhon Si Thammarat, and also during the period from May to October when the leaf mackerel fry are maturing). Coral reefs are also covered by this act because coral are included as water animals.
In addition to these two acts, the Thai Vessels Act of 1939 requires all mechanically propelled fishing vessels of any size and non-mechanized boat of 6 GT or over to be registered with the Harbour Department to ensure compliance with construction, seaworthiness and equipment standards. In 1983, the Government introduced a new licensing system which aims to freeze the number of trawl fishing vessels at the current level and to reduce it thereafter. According to this new system the construction of new trawl vessels is prohibited and no new trawl licences will be issued, existing licences are made non-transferable except by inheritance, and obsolete vessels cannot be replaced.
In response to the need to raise the income levels of small-scale fishermen and to resolve their conflict with the large-scale fishery, push netting and trawling are prohibited within three kilometres from the shoreline. Efforts are also being made to develop alternative or supplementary employment opportunities such as fish farming, tourism and cottage industries.
6.5 DETERIORATION OF SEAWATER AND MARINE SEDIMENT QUALITY
Inappropriate land use in coastal and sea beds affects the degradation of coastal resources. Rock and sand beaches and mud plains were developed as wharves, recreation areas, and settlements. Waste generated from these activities was released into coastal environments over carrying capacity, resulting in an inability to be rehabilitated, polluting water quality in coastal areas, and affecting coastal seawater and sediment. High risk land use practices in sea beds are impacting on sensitive environments, particularly land fills for land expansion and the construction of sea walls ; that cause an accretion of sand deposits along wave barriers, while causing a loss of sand deposits and coastal erosion from tides and wind, that affects coastal ecosystems.
These problems tend to be intensifying in line with economic development that does not take into proper consideration the resulting environmental impacts. Release of waste is not adequately controlled. There is no management of coastal aquaculture; no coastal rehabilitation programs that are
86 National Report of Thailand Page 87 suitable for sustainable development. Laws and regulations are not enforced strictly against encroachers of coastal resources. Also, importantly, there is a lack of conservation awareness among concerned individuals.
The national policy for 1997-2016 concerning seawater and sediment quality are
Ø Promote development and control land use in coastal areas based on its carrying capacity, including establishing development free areas that are important to maintaining environmental quality. Ø Formulate regulations and control development and expansion of communities in coastal areas throughout the country, including beaches; and provide proper solid waste and wastewater treatments in all areas; with continuous monitoring and evaluation of the implementation of these measures. Ø Formulate measures to prevent the degradation of seawater quality resulting from government and private sector sponsored development projects. Ø Protect and conserve seawater quality in 23 coastal provinces based on water quality standards. Ø Formulate short, medium, and long-term measures for strict protection, control, and suppression of destructive coastal encroachment. Ø Prohibit landfills at beaches, along coastlines a off-shore, and in public areas, except for government projects of national economic, security, and environmental importance, after approval of the Cabinet and of an environmental impact assessment process. Ø Establish zones for the mining industry in coastal areas, on the continental shelf, and in deep sea areas as appropriate, and prepare management plans for all areas, taking into consideration environmental impacts.
In order to implement national policy, these legislative “Instruments” for environmental protection have been developed
¨ The environmental Fund ¨ Conservation and environmental protected areas ¨ Pollution control areas ¨ Environmental impact assessment ¨ Polluter pay principal ¨ Duty reduction for pollution control equipment
To enforce policy and laws relating to seawater quality management the following organizations were assigned with responsibility and authority
Ø Department of Agriculture and Cooperatives: Department of Fisheries Ø Ministry of Transport and Communications: The Harbor Department Ø Ministry of Science, Technology and Environment: Department of Environmental Quality Promotion, Pollution Control Department, Office of Environmental Policy and Planning, and The National Research Council of Thailand Ø Ministry of Defense: Royal Thai Navy Ø Office of the Prime Minister: Office of the National Economic and social Development Board Ø Ministry of Interior: Provincial Administration office Ø Ministry of Pubic Health: Department of Health Ø Ministry of Industry: Department of Industrial Works, Department of Resources and The Industrial Estate Authority of Thailand
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More specifically, Pollution Control Department which is a main implementation agency of the national policy, operates under the following policy, target and measures.
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Policy
1. Reduce and control the water pollution from domestic, agricultural and industrial activities 2. Pollution Pay Principals 3. Promote and enhance private sectors to invest and operate activities for remedying the coastal pollution.
Target
¨ year 2001, at the end of eighth NESD plan
Coastal seawater quality around important tourist area and inner Gulf will meet the National Coastal Water Quality Standard.
¨ year 2006, at the end of ninth NESD plan
All coastal seawater will meet the “National Coastal Water Quality Standard”.
Measures ¨ Set up the action plan to control the coastal pollution, which target to be really in the year 2006. The action plan include : - provide area priority for investment of coastal wastewater treatment plant - coastal water quality and prediction - database for pollution sources - guideline to reduce waste load from important source ¨ Set up the emergency response plan for prevention and minimizing the pollutant, which impact to coastal environment. ¨ Continuously monitor and assess the coastal water with systematic data. ¨ Coordinate with other agencies for controlling the pollution sources ¨ Responsible agencies (e.g. Harbor Department, provincial officials) should define the coastline for strictly coastal land use control. ¨ Produce the wastewater treatment system in the coastal municipalities ¨ Set up and revise the coastal classification for the beneficial use ¨ Set up and revise the effluent standards from point sources along coastlines ¨ To enhance efficiency of measures in EIA process to be more practical and include local participation ¨ To enhance building capacity of organizations to facilitate for point source controlling by using social and economical measures and legal measures ¨ To support and develop human resources and budget for pollution control ¨ To support and promote private sectors and various organizations for public awareness to understand and responsible for coastal water management ¨ To provide the water pollution issue into all academic level ¨ To support research and study to develop appropriate technology in the tropical environment ¨ To develop mechanisms and equipment to enhance the water quality management and waste control strictly and continuously including GIS, MIS and mathematical model
On-going Implementation plan to control land-based sources of pollution into seas and marine–based sources by Pollution Control Department are:
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¨ enforcement of domestic effluent standards ¨ set-up effluent standards to reduce waste loads from various activities, which discharged into coastal areas such as standards from shrimp farm, from fishing piers. ¨ revise coastal water quality standards for whole coast of Thailand for better management ¨ improve the penalty for any person who commits an unlawful act and other laws that concern about water environment protection such as laws of violation, Acts of public health, etc. ¨ improve rules, principles and control procedures for construction and land use along coastline ¨ increase degree of penalty for any person who dump waste illegally into water resources ¨ do not permit possessors to dump solid waste, wastewater, and nightsoil as well as chemicals substances into the sea ¨ set up priorities of coastal municipalities and major communities for wastewater treatment plant to reduce the waste loads into the coastal areas. ¨ construct wastewater treatment plant to remove waste loads from land-based sources of pollution ¨ construct treatment plant for solid waste that generate from communities and hospitals ¨ develop inventory and GIS (Geographic Information System) for pollution coastal management ¨ set up priorities of coastal municipalities for wastewater treatment ¨ provide monitoring program for coastal water, sediment and marine organism for 2-3 times/year ¨ revise the National Oil Spill Response Plan for better combating the oil spill in the Thai waters ¨ set up the Emergency response plan for chemical spill in some particular areas ¨ set up recovery plan for natural resources by oil pollution ¨ build up the coastal sensitivity mapping in the GIS system for pollution surveillance and contingency planning ¨ promote private sectors to conduct industrial estate for facilitate the pollution control ¨ promote private sectors to invest and service the central wastewater treatment plant ¨ monitor the water quality for detect the increase of phytoplankton for Red Tide phenomena and also aerial survey for Red Tide
Existing laws and regulation on water quality management
· Enhancement and Conservation of National Environmental Quality Act B.E. 2535 · Public Health Act B.E. 2535 · Factory Act B.E. 2535 · The Navigation in Thai Waterways (Vol. 14) Act B.E. 2535 · Poisonous Substance Act B.E. 2510 (Amended B.E. 2516) · The Mineral Act B.E. 2510 · The Fisheries Act B.E. 2490 · Petroleum Act B.E. 2514 · Port Authority of Thailand Act B.E. 2494
Some highlight activities by the government regarding aquatic environment quality in Thailand
SEAWATCH
SEAWATCH, THAILAND is a complete marine environmental monitoring and forecasting system, which integrates data collection, data analysis, environmental modeling and forecasting with an advanced computerized system for distribution marine information and forecasts to interested operators and/or authorities. This project is being implemented under closed cooperation between the 90 National Report of Thailand Page 91
National Research Council of Thailand (NRCT), OCEANOR, the oceanographic company of Norway, and other involving parties, including the Harbor Department, the Meteorological Department, Port Authority of Thailand, Naval Hydrographic Department, Department of Fisheries, the Petroleum Authority of Thailand, Marine Police Division, Chulalongkorn University, Prince of Songkla University, Burapha University, etc.
This program is being established through networking of data collection buoys. The observed data can be integrated with data from other sources or used as an input to various numerical models. Results from the models can be further combined with marine environmental data and forecasts are a PC based system that would allow users to log on and retrieve the information directly.
Survey and Database Preparation of Pollution Sources and Development of An Action Plan to Improve the Marine Water Quality in the Gulf of Thailand and the Andaman Sea. Due to the rapid economic growth and population expansion in Thailand in the last few decades, the rivers, seas and coastlines and natural resources are under increasing risk of aquatic pollution from industrial, agricultural and domestic wastewater sources. In order to establish the extent of this threat, and to develop an integrated and comprehensive approach to water quality improvement, the Pollution Control Department (PCD) have initiated various projects to investigate water quality problems and devise appropriate management solutions. Water Quality Management Planning has been initiated in several inland rivers and catchments including those on the Eastern, Central and Southern Regions of Thailand and the declaration of Pollution Control Zones (PCZ’S) at Pattaya, Phuket, PhiPhi Island, Hat Yai/Songkhla and Samut Prakarn.
Coastal Sensitivity Mapping Project with its Application for Pollution Surveillance and Contingency Planning. To use mote sensing and GIS as tools for effective collection, compilation of environment data. Transfer of knowledge to the officials through the training. Also, to apply appropriate remote sensing techniques using satellite born systems supplemented with aerial photographs for coastal inventories and the future surveillance. The output of the project will be a database that integrates of the coastal information and setting up the sensitivity index for the whole coastline and also the aerial surveillance system for pollution Control in specific area.
Water Quality Standard
In order to minimize the pollution loads in the waterways and the sea, quantity of waste from pollution sources are needed. PCD has already declared many standards for effluent and for ambient environment. At the moment, PCD are preparing information for more effluent standards to control other potential pollution sources such as discharged water from small ports and fish landings, and effluent standard for oil cargo and gas station.
7.0 SPECIFIC ACTION PROPOSED FOR EACH IDENTIFIED ISSUE
Policy formulation and management of marine resources and environment will be the main focus of the action plan for the country. This policy formulation is a complicated task and require cooperation and integration among agencies of government, non-government and communities
7.1 ISSUES/PROBLEMS
From the transboundary diagnostic analysis of national information, it can be seen that the transboundary issues in relation to the South China Sea stem from these major problems:
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1. Overfishing by Thai vessels, both in Thai waters and the territorial waters and EEZ of other countries; 2. Land-based pollution, from domestic, industrial and agriculture (aquaculture) sources; 3. Inability to manage, control and predict the dispersion of large-scale and offshore pollution, mainly oil and other contaminants. 4. Lack of appropriate and effective laws and other legal instuments that empower government agencies to contral and manage the environment and natural resources in the EEZ and continental shelf outside territorial water of Thailand (i.e., 12 miles) 5. Insufficient inputs and participation by local communities and stake holders, mainly due to the lack of awareness and technology know-how
7.2 OVERALL OBJECTIVES
1. To designate strategic management and utilization policy and planning in national waters, EEZs, and international waters of the South China Sea 2. To reduce conflicts among sectors, individuals, communities, countries regarding marine resource utilization 3. To draft a laws concerning management and control of environment and resources in the EEZ and continental shelf that conform with the UN Convention on Laws of the Sea 4. To generate practice guidelines related to marine environmental and resource management.
7.3 ACTIONS/ACTIVITIES
7.3.1 Development of a sea classification system
Conflicts related to marine resource utilization in the past were almost entirely due to the lack of a clear, well-accepted and fair classification of resources and areas. It is therefore necessary to have such a system to which all sectors involved agree.
Some participating agencies
Office of the National Economic and Social Development Board Office of Environmental Policy and Planning
Activities GEF National* · Data compilation and analysis 500k · Meetings, experts/consulting and other project 100k 60k coordination * National figures indicate estimated in-kind and in-cash contribution
7.3.2 Network of marine geographical information system for resource and environmental management
Geographic Information Syatm (GIS) has been introduced for environmental and resource management in Thailand for quite sometimes and several types of data are now in this format. Yey, the lack of coordination among agencies cause reduncancies, duplication, and incompatibility among datasets. To facilitate a more efficient uses of these existing information resources, it require an effective network as well as appropriate linkages between scientist and policy makers.
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Some participating agencies
Department of Fisheries Department of Land Development Department of Forestry Pollution Control Department National Research Council of Thailand Office of the National Economic and Social Development Board Office of Environmental Policy and Planning
Activities GEF National* · Coastal aquaculture data 200k 200k · Coastal land information 125k 100k · Other information systems, such as pollution sources, 100k >5,000k coastal ecosystem etc · National sensitive mapping 60k · Networking, meetings, expert/consulting and other 100k 50k project coordination * National figures indicate estimated in-kind and in-cash contribution
7.3.3 Formulation of national policy, action plans and strategy
In Thailand, nine issues related to marine resources need to have clear policy, effective action plans and practicable strategy. These issues are: living resources, non-living resources, environment, navigation and transportation, tourism, law and regulation, human and institutional capacity/technology, financial and monetary measures, and public awareness/participation. To accomplish these tasks experience from pilot sites, new technology and realistic recommendations from academicians and communities must be integrated and discussed. National policy concerning marine resources must be transparent at both the national and regional level, and it needs to bring in considerations from other countries in the region.
Some participating agencies
Office of the National Economic and Social Development Board Office of Environmental Policy and Planning
Activities GEF National* · International experts/consulting 300k · Meetings 200k 50k · Publication production 50k · Coordinating activities 100k 50k * National figures indicate estimated in-kind and in-cash contribution
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7.3.4 Drafting of the EEZ and Continental Shelf Laws for Thailand
Under the international law of the sea all coastal States have an entitlement to a 200 mile exclusive economic zone (EEZ), measured from the baseline of its territorial sea and to a continental shelf, beyond EEZ limits if applicable, up to a distance determined by the formula provided in Article 76 of the 1982 United Nations Convention on the Law of the Sea. It is acknowledged that these entitlements, such as the right to a 12-mile territorial sea, exist under general or customary international law, independent of the Convention.
In 1973 Thailand defined its continental shelf in the Gulf of Thailand and Andaman Sea, and in 1981 its EEZ. However, to date Thailand, unlike many other countries including some of its neighbours, has not yet enacted its own legislation for these areas under its jurisdiction. Without specific national legislation the authority of Thai enforcement officers remains uncertain, making it difficult for them to respond effectively to violations of international law in these waters. The need for Thailand to enact legislation, an EEZ and Continental Shelf Act (or two separate statutes), has become urgent not only for the sake of Thais but also for the benefit of foreigners using these areas.
Since it is important that Thai legislation of this kind should be compatible with that of its neighbours and of other countries around the world, it will have to be framed around the relevant provisions of the 1982 Convention, to which Thailand has not yet become a party: principally the provisions of Part V on the EEZ (Articles 55-75) and of Part VI on the continental shelf (Articles 76- 85). But since the new legislation will have to be explained to Thai fishermen, oil industry workers, and others who will be affected by it, the drafting exercise is also seen as an educational process whereby consultation between the drafters and interest groups can be conducted and perhaps some insights elicited that might influence the precise wording to be adopted.
Some participating agencies
Thailand Institute of Marine Affairs Development Department of Treaties and Legal Affairs Harbour Department Royal Thai Navy Pollution Control Department National Security Council Supreme Attorney-General Office Fisheries Association of Thailand The Southeast Asian Programme in Ocean Law, Policy and Management Office of the National Economic and Social Development Board Office of Environmental Policy and Planning
Activities GEF National* · Drafting 150k 100k · Public hearing 100k 20k · National plenary conference 150k 50k · Project administration 50k · Deliberation and legislative processes 100k * National figures indicate estimated in-kind and in-cash contribution
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7.3.5 New Technology Research and Development
Technologies in environmental protection and conservation from developed countries in other parts of the world will have to be modified to suit the conditions and requirements of countries in the South China Sea region. One of the most important issues commonly encountered in this region is the massive expansion of coastal aquaculture (mainly for marine shrimps) which causes the uncontrolled release of high nitrogen wastes (water and sludge) into coastal waters as well as the unmanaged encroachment into mangrove forest and coastal wetlands. International concern about the impacts of coastal aquaculture can be clearly seen from the recent movement by some countries, such as the United States, to ban products that cannot be proven to have been produced by environmental technology. It is foreseen that if appropriate technology to reduce threats from coastal aquaculture can not be developed shortly, this multi-billion industry of the South China Sea countries will certainly encounter a major set back very soon.
In addition to aquaculture, tourism development also increase pressure to marine and coastal environmental. It is timely now that appropriate technology to cope with wastes and impact for tourisms has to be developed and implemented.
Some participating agencies
Pollution Control Department Tourism Authority of Thailand Irrigation Department Fisheries Department Naval Operation Department Office of Environmental Policy and Planning
Activities GEF National* · Appropriate waste treatment technology for coastal 300k aquaculture · Methodologies for damage assessment system for natural 500k resource · Water treatment system in some tourism areas 500k · Solid waste management and treatment in some tourism 250k areas · Database for tourism management and access control 500k · Hydrological control system for coastal wetlands 1,800k · Survey, planing and policy development for new marine 200k protected areas * National figures indicate estimated in-kind and in-cash contribution
7.3.6 Institutional capacity enhancement
Several agencies in Thailand are now responsible for regional environmental issues that cover the South China Sea, such as offshore oil spill patrolling and clean-up by the navy and regional meteorological forecasting by the Meteorological Department. However, even with responsibilities delegated to them, these agencies have not been provided with sufficient equipment, technology and know-how to do the job efficiently.
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Some participating agencies
Naval Operation Department Habour Department Meteorology Department
Activities GEF National* · Offshore oil spill clean-up capability 1,000k 10,000k · Long-term meteorological forecasting 150k 500k * National figures indicate estimated in-kind and in-cash contribution
7.3.7 Demonstration Program and Technical Support for Local Community Management and Conservation Programme
The failure of central Government in the past to conserve and manage coastal resources and ecosystems by ignoring local communities clearly indicates the inappropriateness of the approach. The new constitution of Thailand clearly states that community involvement is now necessary for all resource management programmes. However owing to the lack of previous experience such community involvement will have to be developed and modified to suit the local conditions, constraints and requirements.
Some participating agencies
Department Environmental Quality Promotion Federation of Thai Industry Tourism Authority of Thailand Department of Fisheries Forestry Department Office of Environmental Policy and Planning Naval Operation Department
Activities GEF National* · "Coastal Detective" network for protection of coastal 120k resources · "Green Industry" program for clean technology 1,000k promotion · Marine ecotourim 250k · "Green Hotel" Program 120k · Sustainable fisheries programme for coastal villages (20 1,000k village) · Sustainable linkage between community and community 320k mangrove · Seagrass and subtidal conservation by local communities 65k · Upland island ecosystem 50k · Marine turtle conservation 100k * National figures indicate estimated in-kind and in-cash contribution
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7.4 APPENDIX TO CHAPTER 7--PROPOSED ACTION SUMMARY/BRIEF
Action Zoning for coastal aquaculture Agencies Marine Shrimp Research and Development Institute, Department of Fisheries Contact person Mr. Siri Tookwinas, Tel (662) 5793682, 5792421, Fax (662) 5610786 Objectives/goals 1. A complete GIS for coastal aquaculture in Thailand Activities 1. Mapping of different types of coastal aquaculture 2. Water quality and oceanography of coastal aquaculture areas 3. Zoning and planning for future expansion of coastal aquaculture Specific areas 22 coastal provinces Time frame 3 years Budget 27.508 million baht
Action Community-based fisheries management Agencies Marine Fisheries Division, Department of Fisheries Contact person Mr. Rangsan Chayakul, Tel (662) 2123441, Fax (662) 5620543 Objectives/goals 1. To reduce inefficient resource harvesting by at least 100,000 tons per year 2. To maintain fisheries production in Thai waters at 1.7 million tons per year Activities 1. Data collection for fisheries management 2. Monitoring of spawning grounds 3. Construction of artificial habitats for fisheries 4. Elimination and conversion of destruction/non-selective fishing methods Specific areas Gulf of Thailand and Andaman Sea Time frame 5 years Budget 158.885 millions baht Action Restructuring of destructive fishing gear in the Gulf of Thailand Agencies Marine Fisheries Division, Department of Fisheries Contact person Mr. Rangsan Chayakul, Tel (662) 2123441, Fax (662) 5620543 Objectives/goals 1. To eliminate all push net? and replace by more selective gear Activities 1. Specific areas Gulf of Thailand Time frame Budget
Action Establishment of a conservation area in the Gulf of Thailand Agencies Marine Fisheries Division, Department of Fisheries Contact person Mr. Rangsan Chayakul, Tel (662) 2123441, Fax (662) 5620543 Objectives/goals 1. Activities 1. Specific areas Gulf of Thailand Time frame Budget
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Action Management and conservation of seagrass in Thailand by local communities Agencies Office of Environment Policy and Planning Contact person Mr. Rames Sookpoom, Tel (662) 2795202, Fax (662) 2713226, 2718088 Objectives/goals 1. Activities 1. Establishment of community-based organizations to manage and use seagrass beds 2. Seminar/workshops among stakeholders 3. Public education 4. Public campaigns 5. Conversion of fishing practices Specific areas Khung Kraben Bay, Chantaburi (Gulf of Thailand, East Coast) Time frame 1 year Budget 2.5 million baht
Action Public awareness and public participation in the protection of coastal resources Agencies Department of Environmental Quality Promotion Contact person Ms Savitree Srisuk, Tel (662) 2723020 ext 706, Fax 2794791 Objectives/goals 1. A network of “coastal detectives” 2. A manual to test the environmental quality for volunteers 3. Capacity-building for “coastal detectives” 4. Data/information networking Activities 1. Seminars/workshops 2. Manual preparation, testing 3. Newsletter Specific areas Songkhla, Western Coast of the Gulf of Thailand Time frame 3 years Budget 4.03 million baht
Action Water regulation system for the Sam Roi Yod coastal wetland (a CITES site?) Agencies Royal Irrigation Department Contact person Mr. Niwat Chankul, Tel/Fax (662) 2414421 Objectives/goals 1. A sustainable coastal wetland? Activities 1. Feasibility study 2. Design of a water regulation system 3. Construction of a water regulation system Specific areas Sam Roi Yod, Prachuab Kirikhan (Western Coast of the Gulf of Thailand) Time frame Budget 71.5 million baht
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Action Replantation of mangrove forests Agencies Royal Forestry Department Naval Operation Department Contact person Mr. Chalermchai Chotimas, Tel (662) 2798236, (662) 5797583 Capt. Bancherd Sriphraram RTN, Tel (662) 4754537, Fax (662) 4180413 Objectives/goals 1. Replantation of mangrove forest for a total area of 220 ha (by NOD) and ???ha (by RFD) Activities 1. Replantation of mangrove trees 2. Maintenance of replanted forest 3. Seed production Specific areas Samut Prakarn, Nahorn Sri Thammarat, Trad, Rayong (Gulf of Thailand) Time frame 5 years Budget 12.9 (RFD) + ??? (NOD) million baht
Action Underwater parks Agencies Naval Operation Department Contact person: Capt. Bancherd Sriphraram RTN, Tel (662) 4754537, Fax (662) 4180413 Objectives/goals 1. Three underwater parks Activities 1. Specific areas Cholburi, Chumporn, Ang Thong Islands (Gulf of Thailand) Time frame Budget
Action Conservation of island biodiversity Agencies Naval Operation Department Contact person Capt. Bancherd Sriphraram RTN, Tel (662) 4754537, Fax (662) 4180413 Objectives/goals 1. An island biodiversity conservation area 2. Education centre Activities 1. Construction of infrastructure 2. Informal education programmes Specific areas Samae Sarn Island (Cholburi, Gulf of Thailand) Time frame 5 years Budget
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Action Sea turtle conservation Agencies Naval Operation Department Contact person Capt. Bancherd Sriphraram RTN, Tel (662) 4754537, Fax (662) 4180413 Objectives/goals 1. To increase the natural population of sea turtles Activities 1. To collect turtle eggs from the natural laying site and incubate/hatch at a naval protected location 2. To release adolescent turtles back into the sea Specific areas Cholburi (Gulf of Thailand) Time frame Budget
Action Capacity-building for offshore oil spill clean-up Agencies Naval Operation Department Contact person Capt. Bancherd Sriphraram RTN, Tel (662) 4754537, Fax (662) 4180413 Objectives/goals 1. To enhance the capacity of the existing oil spill clean-up units to operate more offshore and handle larger scale oil spills Activities 1. Acquiring more equipment to be located at naval stations in the Gulf of Thailand 2. Training of personnel 3. Public education Specific areas Gulf of Thailand Time frame Budget 40 million baht
Action Damage assessment system for natural resources Agencies Pollution Control Department Contact person Dr Pornsook Chongprasith, Tel (662) 6192312, Fax (662) 6192210 Objectives/goals 1. Manual for field damage assessment 2. Damage calculation and valuation system Activities 1. Specific areas Time frame Budget 20 million baht
Action Water treatment system for marine shrimp culture Agencies Pollution Control Department Contact person Dr Pornsook Chongprasith, Tel (662) 6192312, Fax (662) 6192210 Objectives/goals 1. Appropriate water treatment system for individual ponds 2. Central water treatment system Activities 1. Research and development 2. Engineering design 3. Code of practice for waste from shrimp farming Specific areas Time frame
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Budget 15 million baht
Action Monitoring of bilge water from international ships Agencies Pollution Control Department Contact person Dr Pornsook Chongprasith, Tel (662) 6192312, Fax (662) 6192210 Objectives/goals 1. Activities 1. Specific areas Time frame Budget
Action Drafting of the EEZ and Continental Shelf Laws for Thailand Agencies Thailand Institute of Marine Affairs Development/SEAPOL Contact person Objectives/goals To draft the first laws that control and manage environment and resource of Thailand's EEZ and continental shelf Activities Specific areas Time frame 2 years Budget 5 million Baht
Action Medium and long-term weather forecasting Agencies Meteorology Department Contact person Mrs. Wanida Sooksuwan, Tel (662) 3989929, Fax (662) 3838824 Objectives/goals 1. To enable the department to make weather forecasts beyond the current three days Activities 1. Acquiring a new numerical model Specific areas Time frame Budget 5 million baht
Action Green Factory Award: Promotion of Clean Technology in Thailand Agencies The Industrial Environment Institute, The Federation of Thai Industries Contact person Mr. Pongsatorn Arthornturasuk, Tel (662) 2294930-4 Fax (662) 2294940 Objectives/goals 1. To reduce industrial waste by ??? 2. To build institutional and human capacity on clean technology 3. To increase awareness Activities 1. Technical support to industries 2. Training and other forms of capacity-building 3. Green Factory Award Specific areas Time frame
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Budget 40 million baht
Action Coastal resources management Agencies Office of Coastal Land Development, Department of Land Development Contact person Mr. Kamron Saifah, Tel/Fax (662) 5796658 Objectives/goals 1. Database for coastal resources Activities 1. Data conversion into digital format (soil, land use, socio- economic) 2. Data analysis for potential land use, integrated land use, and land and coastal resources development Specific areas 17 provinces of the Gulf of Thailand (3,200,000 ha) Time frame Budget 5 million baht
Action Sea classification Agencies National Economic and Social Development Board Contact person Mrs. Chuleeporn Boonyamalik, Tel (662) 2814059, 2820838 Fax (662) 2817268 Objectives/goals 1. Sensitivity maps 2. To reduce conflicts between sectors 3. To reduce conflicts with neighbouring countries Activities 1. Implementation of sea classification 2. GIS for pollution sources, natural resources and sensitivity Specific areas Time frame Budget 2.4 million baht
Action Promotion and development of marine ecotourism Agencies Tourism Authority of Thailand Contact person Ms Yuwadee Nirattrakul, Tel (662) 6941222 ext 1855, Fax (662) 6941392 Objectives/goals 1. Activities 1. Specific areas Time frame Budget 10 million baht
Action Mooring buoys for tourist boats at coral reefs Agencies Tourism Authority of Thailand Contact person Ms Yuwadee Nirattrakul, Tel (662) 6941222 ext 1855, Fax (662) 6941392 Objectives/goals 1. Activities 1.
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Specific areas Time frame Budget 15 million baht
Action Database for tourism management and tourist control Agencies Tourism Authority of Thailand Contact person Ms Yuwadee Nirattrakul, Tel (662) 6941222 ext 1855, Fax (662) 6941392 Objectives/goals 1. Activities 1. Specific areas Time frame Budget 20 million baht
Action Green Hotel Award Agencies Tourism Authority of Thailand Contact person Ms Yuwadee Nirattrakul, Tel (662) 6941222 ext 1855, Fax (662) 6941392 Objectives/goals 1. Activities 1. Specific areas Time frame Budget 5 million baht
Action Water treatment system in some tourism areas Agencies Tourism Authority of Thailand Contact person Ms. Yuwadee Nirattrakul, Tel (662) 6941222 ext 1855, Fax (662) 6941392 Objectives/goals 1. Activities 1. Specific areas Time frame Budget 20 million baht
Action Solid waste management and treatment in some tourism areas Agencies Tourism Authority of Thailand Contact person Ms Yuwadee Nirattrakul, Tel (662) 6941222 ext 1855, Fax (662) 6941392 Objectives/goals 1. Activities 1. Specific areas Time frame Budget 10 million baht
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Project proposal
Topic: Drafting of the EEZ and Continental Shelf Acts of Thailand
1. Background
Under the international law of the sea all coastal States have an entitlement to a 200 mile exclusive economic zone (EEZ), measured from the baseline of its territorial sea and to a continental shelf, beyond EEZ limits if applicable, up to a distance determined by the formula provided in Article 76 of the 1982 United Nations Convention on the Law of the Sea. It is acknowledged that these entitlements, such as the right to a 12-mile territorial sea, exist under general or customary international law, independent of the Convention.
In 1973 Thailand defined its continental shelf in the Gulf of Thailand and Andaman Sea, and in 1981 its EEZ. However, to date Thailand, unlike many other countries including some of its neighbours, has not yet enacted its own legislation for these areas under its jurisdiction. Without specific national legislation the authority of Thai enforcement officers remains uncertain, making it difficult for them to respond effectively to violations of international law in these waters. The need for Thailand to enact legislation, an EEZ and Continental Shelf Act (or two separate statutes), has become urgent not only for the sake of Thais but also for the benefit of foreigners using these areas.
Since it is important that Thai legislation of this kind should be compatible with that of its neighbours and of other countries around the world, it will have to be framed around the relevant provisions of the 1982 Convention, to which Thailand has not yet become a party: principally the provisions of Part V on the EEZ (Articles 55-75) and of Part VI on the continental shelf (Articles 76- 85). But since the new legislation will have to be explained to Thai fishermen, oil industry workers, and others who will be affected by it, the drafting exercise is also seen as an educational process whereby consultation between the drafters and interest groups can be conducted and perhaps some insights elicited that might influence the precise wording to be adopted.
2. Responsible institution
This project will be carried out under the supervisory authority of the Thailand Institute of Marine Affairs Development (Director: Dr Phiphat Tangsubkul). In its implementation he will have the assistance of:
Dr Chumporn Pachusanond, Faculty of Law, Chulalongkorn University Dr Virachai Plasai, Counsellor, Dept of Treaties and Legal Affairs, Ministry of Foreign Affairs Capt. Siriwat Thanapate, Director, Judge Advocate Division Administration Dept., Royal Thai Navy
3. Time frame
This project will be completed within two years, beginning preferably before the end of 1998.
4. Advisor y Committee
The Institute will establish an Advisory Committee consisting of representatives of the following departments and other bodies:
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Department of Treaties and Legal Affairs, Ministry of Foreign Affairs Harbour Department, Ministry of Transport and Communication Naval Chief of Staff, Royal Thai Navy Secretariat of the National Security Council, Office of the Prime Minister Naval Hydrographic Department, Royal Thai Navy Supreme Attorney-General Office Fisheries Association of Thailand The Southeast Asian Programme in Ocean Law, Policy and Management Dr Arun Panupong, Director, International Studies Centre, Ministry of Foreign Affairs Admiral Thanom Charoenlaph, Consultant to the Royal Thai Navy on maritime boundary matters
5. Working Group
The Institute will appoint a Working Group, consisting of the best qualified experts from government, the academic community and the corporate sector, to (i) study all aspects of the problem of implementation of the above provisions in light of similar national legislation enacted elsewhere; (ii) participate in public hearings; (iii) draft a report including the proposed legislation ; (iv) report to a national plenary conference; and (v) submit the final revised report to the Standing Committee of Parliament for enactment.
6. Public Hearings
On behalf of the Institute the Working Group will organize public hearings in various regions of Thailand for discussion of the relevant issues that pertain to:
(i) Living resources; (ii) Non-living resources; (iii) Protection of the marine environment; (iv) Navigational rights; (v) Boundary delineation; (vi) Marine scientific research; (vii) Enforcement.
7. National Plenary Conference
On completion of its draft report, the Working Group will convene a national plenary conference of up to 500 persons to discuss the text and suggest revisions. Participants will be invited from the Standing Committees of the Government, Advisory Boards, the relevant Ministries, the various sectors of the ocean industry, and the academic community.
8. Benefits
Thailand has not yet ratified the 1982 United Nations Convention on the Law of the Sea, but its policy is to continue the process of implementation in conformity with the spirit, and as far as practicable the letter, of that important instrument. It is of operational importance to Thailand that the relevant rights and duties set out in Parts V and VI of the 1982 Convention should be clearly reflected in its national legislation, as they are in the national legislation of many other countries around the world. The proposed legislation will form the legal basis for law enforcement in Thailand's EEZ and continental shelf, and ensure its compliance with international law in the sustainable use of natural
105 National Report of Thailand Page 106 resources, protection of the marine environment, regulation of shipping, marine scientific research, and suppression of any activities harmful to the interests of Thailand and its neighbours. Thus, the drafting of this legislation will clarify the remaining boundary issues in these waters and hopefully facilitate the negotiation of transboundary arrangements between Thailand and neighbouring countries in such contexts as transboundary pollution and the management of straddling and migratory stocks and scientific research. The project is seen as an important contribution to the avoidance of conflicts that tend to arise from legal uncertainty or obscurity. For example, it will help to reduce piracy, drug and arms smuggling and oil thefts, which are all serious problems in the transboundary seas around Thailand.
9. Budget
A. Research personnel B. Travel (within Thailand) C. Data acquisition D. Public hearings E. National conference F. Communications G. Office supplies H. Other administrative services
8.0 IMPLICATIONS OF THE PROPOSED ACTIONS BY SECTOR
8.1 FINANCE
Finance is the key driving factor for all action proposed in Chapter 7. In this analysis, the implication by the following 3 sub-sectors will be discussed.
8.1.1 Government
The government, through its financial arms such as Ministry of Finance and Budget Bureau should allocate a certain portion of the annual budget to support activities of government and non government agencies and groups concerning regional and transboundary environmental issues. The size of the appropriation should be based on the economic and social values that the country receives benefit from transboundary resource and environment. An accurate assessment and valuation of transboundary resource will be an important information leading to this national financial policy.
The government, when possible, must continue to give support to non-government organizations involving in community development and public awareness, since community involvement is the key for sustainable management of natural resource and protection of environment.
8.1.2 Donors
During the economic crisis period, funding from donor agencies will be very crucial for maintaining several environmental and resource conservation and management programs in Thailand, while the government support to those activities is substantially decreased. Donation may come in the forms of unconditional gift or low interest loan. These donations will also very important for research & development, capacity building and demonstration activities concerning transboundary resource and environment.
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8.1.3 Private and business sub-sectors
Private and business sector usually has certain interests. However with recent concern on environment and international trade barrier, environment and resource conservation is now a significant coast of production of bout industrial and agricultural products. In Thailand several private and business establishments are now willing to invest money for research and development concerning natural resource and environment. However, there are still no clear practical guideline exist at this moment.
Banks and other types of financial institution should also play more active roles in environmental conservation by providing financial supports to capacity building and R&D projects. Moreover, support such as no interest loan to certain local community can facilitate public participation and harmony existence between human and natural resources.
8.2 NATIONAL SOCIAL AND ECONOMIC DEVELOPMENT POLICY
Economic and social development policy and actions in Thailand are layout by the National Economic and Social Development Board (NESDB). The board, which comprises of members from government, business and independent scholars, is one the most influential policy making body of the country. In its eighth Plan (1997 - 2001), which is also the country's policy, emphasis is on the coping with both the positive and negative impacts of globalization and to devise a new economic and social order upon which to base national development. Yet in this plan, which is quite similar to the 7 previous one, little is mentioned about the role of the country in the regional and transboundary resource and environmental management beside the last sentence that says "Thailand should also play a greater role in international resource management at both regional and global levels" but without any policy or strategy to achieve this goal.
Because the social and economic situation of the country are highly dynamic, NESDB also has an implementation strategy to monitor and readjust the national policy according to the present situation. This flexibility is therefor provide channel that policy adjustment to reflect transboundary issues is possible, providing that accurate and convincing information are shown to the board.
The National Committee for Restoration of the Sea which is under the NESDB Secretariat will also need to play a much more proactive role than previous. National master plan and policy on resource and environment in the national waters and EEZ must be drafted and adopted. In addition, the committee should also improve its coordinating role by encourage participation and input from expand to the non-government agencies and local communities.
Good policy and good operational strategy require accurate and up-to-date data and information. Different types and formats of data and information archived in various databases inside and outside of Thailand must be linked via some kind of networking, preferable electronically but may be replaced by a more appropriate alternative. Because much of the information are spatial data, comprehensive tools such as geographic information system and maps are appropriate visualization that can convey technical information to support decision making.
8.3 FISHERIES
Fisheries sector involved in almost every issue outlined in Chapter 7, and will play active operational role in several actions proposed in that chapter. Roles and implementations by sub-sectors will be discussed.
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8.3.1 Governmental and intergovernmental
Department of Fisheries, in particular, has to lead several activities related to fisheries, namely to do research and development on sustainable fisheries; to promote and encourage sustainable fishing practices; to issue policy and regulation on sustainable fishing; to collect, update and disseminate data/information on fisheries and management; and to enforce all relevant laws and regulation. In these regards the navy and marine police force must provide support fisheries officers especially in offshore area where the capability of fishery patrol vessels are limited. Regional organizations, such as Southeast Asian Fisheries Development Center and FAO, through their active programs in the region, should render additional technical support as well as facilitate information networking and regional cooperation.
The country needs more conservation zone especially spawning grounds of major species must be protected. Research survey must be conducted by Department of Fisheries. Conservation guideline and regulation for each specific area must be drafted with input from various sectors. Centralized regulation must be kept minimum while involvement from local communities must be encouraged.
8.3.2 Large and small scale fishing fleets and fishing cooperatives
These non-government groups will be an important link between national policy/regulation and the actual fishing operators. These agencies should on the one hand make inputs and comment concerning R&D and policy making by the government, on the other hand convey new technology and understanding to fishing community. Environmental awareness and sustainability fisheries should always be promoted among fishermen of all scales.
8.3.3 Education
Both formal education and public education programs must be tailored made to match the audience of different backgrounds. Education institutes from all level, especially those in each local community, are strongly encouraged to provide different forms of education. Other agencies such as Department of Environmental Quality Promotion, Department of Public Relations, and public media, must participate in the nationwide campaign on sustainable fisheries. Technical information for making teaching and campaign materials could be made or synthesized by various organization inside and outside of the country.
8.3.4 Independent Think-Tank
In Thailand and Southeast Asia, there are several "Think-Tank" organizations that independent from government and business, such as the Thailand Development Research Institute, Thailand Environmental Institute, and Thailand Institute for Marine Affairs Development. These organizations have an objective to conduct research and make neutral recommendation for issues related to fisheries and living resources. The country should utilize these existing academic resource to compliment with suggestion made by government and fishery unions.
8.4 AGRICULTURE (COASTAL AQUACULTURE)
A sub-sector in agriculture that has most direct implications with the actions proposed in Chapter 7 would be the aquaculture, especially coastal aquaculture.
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8.4.1 Government
Zoning of coastal area as well as inland areas where intensive aquaculture is allowed must be clearly defined based on scientific and socioeconomic information. Government offices, especially Fisheries Department and universities, must do research for aquaculture practice most friendly to the environment while yield most profit to farmers. Appropriate waste and sludge treatment method for each area must be developed and promoted.
The government sector also need to initiate some incentive programs, such as award or tax reduction, for good practice farmers or cooperatives.
8.4.2 Farmers
Large scale farms must have research and development unit to search for farming techniques that cause least harm to the environment. Small farms may have to join together and form cooperatives that will support technology to members as well as representing them in the negotiation with other sectors. Farmers must also establish an internal monitoring program to detect and punish violators so that to protect the other good practitioners.
8.4.3 Educational
All level of formal education institutes need to emphasize with environmental friendly aquaculture practice. More education programs on environmental friendly aquaculture must be developed in local university and colleges, with technical help initially from universities with established such a program.
8.4.4 Independent Think-Tank
Because aquaculture in Thailand is a very large business involving wide ranges of interested groups, it is a good practice to have independent opinions from groups of experts.
8.5 FORESTRY
8.5.1 Government
Both inland forests and coastal mangrove and swamps have been greatly reduced during the last few decades due to the failure of centralized government regulation system that excluded inputs and involvement from local community. The present idea of forestry management would be encouraging more involvement from stakeholders while central government must remain maintain the national framework for management through laws and regulation.
Zoning system based on accurate information must be developed and regularly updated. Research and development for conservation must be done by government sector with close relation with each local community. The research on resource valuation must be included as a major mechanism for supporting decision making by all levels of administration.
Network of citizen patrol is another approach to protect natural resource and environment. Government agencies such as Department of Environmental Quality Promotion is now having a plan for "coastal detective" program that can fit with this concept.
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8.5.2 Community
Community will play a vital role in the management of forestry resource of the country. The concept of community forest, where man and forest live harmoniously must be promoted. Control for central government must be kept minimum. Technology transfer from research institute will be used. Local elected administration especially at Tambon level must be given more authority to manage forestry resource within its jurisdiction.
8.5.3 Education
Education program on community forestry must be established especially in local universities and colleges, though existing networks of colleges such as Rajapat and Rajamongkol where more than 30 nodes exist throughout the country.
Courses on community forestry and conservation must be included in all level of schools. Informal and public education will be another important mechanism for promoting community involvement and thus counter balance with influence from local influential people.
8.6 MANUFACTURING
Pollution and overuse of natural resource by manufacturing must be reduced by combined efforts of following sub-sectors.
8.6.1 Government
Roles of government must include research and development for new technology for minimize wasting of all natural resource and energy. Laws and regulation concerning impacts to the environment must be carefully issued and reviewed to make sure they are within the possibility that factories can conform to. The concept of ISO14000 must be followed.
The government should keep update information about international environmental issues. All issues must be carefully analyzed and separate between trade barrier and actual environmental issues. All steps in the government system must be transparent and fully accessible by general public (e.g. good governance system).
8.6.2 Industrial
Small factories that can not developed and maintain technology individually must be supported by the Federation of Thai Industry (FTI) research and development facilities. In addition, incentive program such as the "Green Factory Award" and other kinds of incentives must be promoted.
8.6.3 Independent Think-Tanks
Independent institutions such TDRI and TEI should be consulted for conducting independent studies on issues related to manufacturing and transboundary environment. Institutes at regional level would also provide good pictures of transboundary international situation to support national programs and projects to minimize transboundary issues.
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8.7 SERVICE
Service sector especially those related to tourism which is a very important source of hard currency for the country must have a common goal in sustainable management of natural resource.
8.7.1 Government
Tourism Authority of Thailand (TAT) should have an efficient system to collect and update information about tourism. These information will be distributed to all relevant agencies, government and non-government, to support decision and policy issued.
Zoning of natural ecosystem with respected to tourism and visitors must be made and enforced. Holding capacity of each zone must be quantified. Effective monitoring program is also important for maintaining sustainability of the tourism industry.
Incentive program such as the "Green Hotel" as well as other kinds of incentives will encourage operator to concern more with the environment. TAT should also provide alternative technology for ecotourism that have been proven to be appropriate for situation and condition in Thailand.
Research on ecotourism and adaptation of such concept to different ecosystem in Thailand must be supported by government. It may be necessary to have a national committee or working group on ecotourism to be a consultant to the government on issues related to tourism and natural resources.
8.7.2 Operation
Hotels must be operated in an environmental friendly fashion. Self regulation through the Thai Hotel Association and other cooperatives would be a more effective way than the government in controlling all hotels especially small resorts in remote areas.
Tour operations in natural area and wilderness must strictly follow the regulation issued by government and local authorities. All operators must also help by observe and report any violations.
8.7.3 Education
The concept and approach for ecotourism must be promoted in all level of education. It is also important that operators in tourism industry understand and aware of the importance of environment and natural resources in their industry.
Education centers on different types of ecosystem will be an effective means of public education. These education centers could be cooperated by government, non-government and local community sector.
8.8 LEGISLATIVE
Laws are at least equally important to money in terms of environmental and resource management. Without suitable laws, effective enforcement can not be achieved.
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Local laws and regulations on environment should consider and encourage more involvement by local authority and community in the management of resources. In addition, a law concerning the exclusive economic zone and continental shelf must be issued as soon as possible to equip the enforcement agencies with a legal tool to combat with activities causing transboundary environmental problems.
To issue a good law or regulation, all parties involved, which are the Senate and House of Representatives on the legislative side and the Council of State on the government side, must be informed on all situation and condition, including state-of-the-art technology concerning marine environment. Inputs from enforcing agencies, business, and community make be taken into consideration. Public hearing is an effective approach to obtain such inputs.
9.0 REFERENCES AND SOURCES OF INFORMATION
9.1 REFERENCES QUOTED IN TEXT
Department of Mineral Resources.1996. Petroleum and Coal Activities in Thailand. Mineral Fuels Division, Annual report SEAFDEC (Southeast Asian Fisheries Development Center) 1997. 25 Years Anniversary Report. Saikliang, P. 1997. In; SEAFDEC 25 Years Anniversary Report. Harbour Department 1995. Annual Report 1994. Sudara, S. and others 1989. Coral Communities along the West Coast of the Gulf of Thailand. Final Report Submitted to the National Research Council of Thailand. Sudara, S., and others 1992a. The impact of Typhoon Gay on corals communities of Koh Tao, Gulf of Thailand. Third Asean Science and Technology Week Conference Proceeding Vol.6, Marine Science : Living Coastal Resources : 69-76 Sirirattanachai, S. 1994. Stability of coral reef communities in the eastern seaboards Thailand. ASEAN-AUSTRALIA Cooperative Program on Marine Science Project II Living Resource in Coastal areas with Emphasis on Mangrove and Coral Reef Ecosystem. Report of the consultative forum Third ASEAN-Australia Symposium on Living Coastal Resources Bangkok ,Thailand. Sudara, S. and others 1991. Siriratanachai, S. and Manthachitra, V. 1992. Charuppat, T. and Ongsomwang, S. 1995. Standard Data and Map of Mangrove Forest. The Ninth National Seminar on Mangrove Ecology "Mangrove Conservation for Thai Society in the Next Decade". 6-9 September 1995. Phuket Merlin Hotel, Phuket Thailand. Boonpragob, K. 1996. Linking Local Solutions to Global Needs : Thailand is Environment Agenda in the 21st century. Climate Change Local Solutions for Global Problems “ Thailand’s Role in a Global Context” Paper in Thailand Environment Institute 1996. Annual Conference. Kamlang-ek. A. 1995 The Financial Possibility on Converting Degraded Tiger Prawn Farm Area into Mangrove Forest. The Ninth National Seminar on Mangrove Ecology "Mangrove Conservation for Thai Society in the Next Decade". 6-9 September 1995. Phuket Merlin Hotel, Phuket Thailand. Watanyoo, P. 1995. The Study on The Effect of Changing in Land Use for Paddy to Giant Prawn in Amphoe Ranod, Changwat Songkhla. The Ninth National Seminar on Mangrove Ecology "Mangrove Conservation for Thai Society in the Next Decade". 6-9 September 1995. Phuket Merlin Hotel, Phuket Thailand. Havanond, S. 1995. Strategies of Mangrove Re-afforestation for coastal Ecosystem Development. The Ninth National Seminar on Mangrove Ecology "Mangrove Conservation for Thai Society in the Next Decade". 6-9 September 1995. Phuket Merlin Hotel, Phuket Thailand.
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Office of Environmental Policy and Planing. 1997. Final Report for the National Sea Grass Mapping, Management Plan and Action Plan.
Lewmanomomt, K. and Ogawa, H. 1995. Taxonomy and distribution of seagrass in Thailand. Proceeding of the NRCT-JSPS joint seminar on Marine Science, December 2-3, 1993 NESDB (National Economic and Social Development Board), RID (Royal Irrigation Department) and PCD (Pollution Control Department) 1997. Strategic Plan for Water Resource in Chao Phraya Basin. Thanasookarn, P. 1995. The Ninth National Seminar on Mangrove Ecology "Mangrove Conservation for Thai Society in the Next Decade". 6-9 September 1995. Phuket Merlin Hotel, Phuket Thailand. Prakobboon, T. 1997. Thai Fisheries Garzett. Menasveta, D. 1997. Paper present at the First SEAPOL Gulf of Thailand Meeting of Expert, Hua Hin, Thailand. Phasuk, B. 1993 Phasuk, B. 1996 Phasuk, B. 1997
9.2 MATERIALS CONSULTED DURING THE PREPARATION OF THIS NATIONAL REPORT BUT THEY WERE NOT SPECIFICALLY CITED
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