Institutional and Policy Perspectives in the Management of Fisheries and Coastal Resources in Thailand

Ayut Nissapa, Awae Masae and Somsak Boromthanarat Faculty of Natural Resources and Coastal Resources Institute (CORIN), Prince of Songkla University, Thailand.

Vichot Jungrungrot Southern Development Center in Songkla-Office of the National Economic and Social Development Board (NESDB), Thailand.

ABSTRACT

Important fishery and coastal resources in Thailand are already being degraded or threatened by various anthropogenic factors. These factors include a rapidly growing coastal population, bureaucratic or administrative problems, overexploitation and pollution. This chapter shows how the government at the national and local levels addresses the problem. Laws, policies and plans are laid out both to counter resource degradation and to manage the resources. Yet, the problems are still around and success appears hard to come by due to implementation problems, lack of necessary financial resources to imple- ment programs and projects, and inherent weakness of the laws, policies and plans, to name a few.

While the situation appears to be bleak, significant inroads in certain areas are made by local communities and their local authorities to manage the resources within the local context. Various laws and policies provided opportunities for the involvement of local communities and the local authorities in resources management. For example, significant recognition of the role of local communities in the management of resources and the environment is found in the 1997 Constitution. On local administration, there are, among others, the Public Administration Act of 1991, Sub-district Council and Sub-district Adminis- tration Organization Act of 1994 and the Provincial Administration Organization Act of 1997.

This paper further discusses the intricate linkage and cyclical relationship of policies and plans at the three different levels of administration—local, national and regional—in Thailand. It is hoped that this will lead to better understanding of the institutional issues associated with fishery and coastal resources management in the country.

INTRODUCTION provinces (including Bangkok) are considered coastal provinces or highly dependent on the With more than 2 600 km of coastline, about coastal area. Development along the coast has 70% of Thailand’s population is concentrated in damaged mangrove forests, swamps, and intertidal and around the coastal area. Twenty-four of 76 zones. At present, there are no formal fisheries and

143 coastal resources management laws in Thailand. 1. Demand-side resources (DSR). The classifi- However, there exist informal forms of fisheries and cation DSR is based on resource components coastal area management where traditional practices that require people to obtain supply-side are common. The recent decentralization of the Thai resources (SSR) for their livelihood or public administration and its subsequent laws has pleasure. At a point when SSR are ex- lead to expectations for effective and participatory hausted, they may turn into DSR. Therefore, management of the fisheries and coastal resources. In both DSR and SSR are interchangeable. addition, international involvement has played an Examples of DSR are several groups of increasing role as Thailand has committed itself to human activities that demand fisheries and the world community in terms of legal, social, coastal resources for the fulfillment of their economic and environmental cooperation. This local objectives, and the natural resources that and international involvement can have enormous require rehabilitation and inputs for their influence on the national policies for the effective recovery after being exploited by DSR. management of fisheries, coastal resources and 2. Supply-side resources (SSR). SSR are re- coastal environment in Thailand. In light of the sources which exist to fulfill requirements of current status of fisheries and coastal resource law, the DSR. Examples of SSR are fishery existing national policies, local initiatives and products, mangrove resources, seabed and traditional management practices, a research has coastal minerals, tourism resources such as been carried out to investigate the management water, beaches, coral reefs, ports and infra- processes related to the historical evolution of public structure, and cultural heritage. These administration, laws and policies; to demonstrate the SSR are interchangeable with DSR, and at relationships of local, national and international one point in time when SSR are used involvement in designing effective fisheries and beyond their maximum point, they become coastal resource management plans; and to suggest a DSR. desirable management practice that takes into consideration Figure 5.1 A Demand-Supply Paradigm. synthesized findings on the institutional, legal and policy 100 Supply-side resources Quantity framework. (SSR) demanded and supplied METHODOLOGY

50 A Supply and Demand Paradigm Mismanaged situation Managed situation A simple economic paradigm of supply and demand can be Demand-side resources (DSR) adapted for resource management 0 First Second Time purposes when all resources are Sub-district Market equilibrium equilibrium classified into supply and demand economy economy Managed sides. Even though the supply and Demand-side and demand sides of fisheries and Supply-side resources coastal resources cannot be entirely distinguished from each other, such clear distinction is assumed for analytical As shown in Figure 5.1, there is a dynamic convenience. Resources have their own value when between DSR and SSR. Under a mismanaged analyzed in the supply and demand framework, but situation, DSR remain constant during a subsistence the prices of these resources may not be evaluated economy and they are expected to rise during a with precision, especially when the resources involve market economy. They are influenced by several social and environmental aspects. factors including population growth, changes in

144 social values, changes in consumption and modern Table 5.1. The Thai Political Economy (Thanapornpun 1995). technologies. Authoritarian Democracy

On the other hand, SSR are increasingly ex- Patron-Client Authoritarian- Democracy- ploited as the DSR change from subsistence to market Relationship patron-client system patron-client system economies. At the first equilibrium point, DSR and SSR are equal. However, this point does not remain Capitalism Authoritarian- Democracy- capitalism system capitalism system fixed for long as DSR exponentially increase. The gap between DSR and SSR grows and at some point SSR change to become DSR which further widens the gap. However, the time period of these movements is Under a managed situation, the management arrange- uncertain (Thanapornpun 1995). The democratic ments are expected to change both DSR and SSR revolution in 1932 changed the face of Thailand forms so that the DSR and SSR increase at a slower through several revolutions in order to attain democ- rate and in the long run adjust themselves to a more racy, with the King as the symbolic representation of sustained equilibrium. unity. Along the path to a democratic-capitalist system, the Thai political economy is still in a stage In conclusion, the ultimate objective of fisheries of flux and if not managed well, could result in the and coastal resource management using the supply dramatic exploitation of resources including fisheries and demand paradigm is that desirable management and coastal resources. There is some evidence that strategies are able to bring together supply and the Thai political economic system is in a transitional demand to the point where they approach an equilib- period. This claim comes in the form of intrusion by rium and remain there as long as possible. politically influential investors into the commons such as mangroves and terrestrial forest reserves or The Thai Political Economy System marine national parks.

The historical development of the Thai economy A Matrix Approach from absolute to constitutional monarchy has im- pacted the social and economic structures of the A matrix approach is used to analyze the data. It country. The social and economic pattern is a result of is based on the idea that fisheries and coastal re- the changing relationship from a patron-client source management are multidisciplinary in nature. relationship to a capitalist system. This patron-client There are several issues of conflicting uses of fisheries relationship created extensive group divisions and and coastal resources that the matrix method is able remains, to some extent, the basis of Thai politics. to handle. The main feature of the matrix method is that it is able to relate the effects of the fisheries and The capitalist system believes in productive coastal resources sectors on themselves and on other capability. Competitiveness in the production of sectors. Such effects are explained by the use of goods and services is the main driving force that leads multipliers if the quantitative data are available. to maximum social benefit. Inevitably, such competi- tiveness generates an individualistic culture in which Logical Framework Approach (LFA) private property rights are greatly respected. The democratic revolution in 1932 created a mixture of The LFA can be used to organize and analyze the Thai political and economic systems (see Table fisheries and coastal resource management problems 5.1). The political economy of a country evolves in a systematic way so that problems can be arranged through time. With increasing international involve- in terms of cause and effect relationships. An analysis ment, Thailand’s political and economic systems have of the relationship results in the identification of evolved to a democratic capitalist system. The patron- problems, issues, and priorities in relation to fisheries client system is moving toward a democratic-capitalist and coastal resource management. These techniques system, while the authoritarian-capitalist system and are common and widely used in similar research in the democratic-patron-client system acted as transi- this field. tional systems.

145 Data Collection RESOURCE STATUS AND ISSUES

This research employs desk studies, consultative Demand-side Fisheries and Coastal meetings, interviews and case studies. The desk study Resources (DSFCR) involves compilation of relevant laws and regulations, administrative arrangements and policies and plans DSFCR are resources that need supply-side on fisheries, coastal resources and coastal environ- resources. Human activities and natural resources ment protection. It also includes a review of litera- and their functions are major examples of DSFCR. ture. With respect to human activities, the demands are highly influenced by population growth, changes in The consultative meetings involve coordination social and economic values, changes in consumption with other relevant organizations and stakeholders patterns and commitments to regional and interna- through group discussions and small participatory tional regimes. These human needs for fisheries and workshops that employ the LFA to build problem coastal resources have made the management of relationships and analysis of problem trees. DSFCR a truly difficult task. Despite attempts through formal legislation, the fisheries and coastal Interviews resources are still being degraded at an alarming rate. In the interview, the research team met with key informants and stakeholders. Both personal and With respect to natural resources, demands are structural interviews were held. Personal interviews influenced by conditions of the resources. If the were used in situations where the group interview resources are used beyond their maximum carrying resulted in false or distorted information. capacity, they can turn out to be highly aggressive DSFCR. Therefore, the use of the resources and the Several case studies representing different key ability of these resources to support and assimilate issues are analyzed based on the DSR and SSR matrix changes in their conditions are the major influential analysis. Four case studies with different analytical factors. themes were selected to reflect the overall framework of the research. Human Demand

Case study 1 illustrates the enforcement of In Thailand, there are about 46 851 marine laws, policies and plans in Laem Talumpuk fishery households, 16 501 coastal aquaculture in Pak Phanang District, Nakhon Si households, and 1 552 households doing both Thammarat Province; marine fishery and coastal aquaculture. Most of these Case study 2 illustrates wastewater manage- households are considered small-scale whose main ment from shrimp aquaculture in Ban livelihoods depend largely on the abundance of fish Kwian Huk in Khlung District, Chantaburi and coastal resources. Legislation to control the use Province; of these resources can have enormous effects on their Case study 3 illustrates local initiatives in livelihoods. On the other hand, if the resources are Ban Laem Makham in Sikao District, Trang degraded by these households or other large-scale Province; and investors, this can have similar impacts on their way Case study 4 illustrates international involve- of life. Though some supply-side fisheries and coastal ment in Tarutao Marine National Park resources such as tourism can provide alternative (TMNP) in Muang Satun District, Satun sources of income, the scale of tourism resources are Province. yet to be determined. In many instances, local initiatives for fisheries and coastal resources manage- ment have shown some favorable signs that are

146 expected to be a role model for other communities. The export values do not show the real losses that However, external forces together with changes in the community and the environment have to social values, conspicuous consumption, loopholes absorb. in laws and regulations, insufficient knowledge and information, and insufficient law enforcement have The positive side of these DSFCR is in the been major threats to local management. quality of human resources. Measures through formal legislation and informal rules have been put An example is the Ko Samet National Park in into effect. Thailand has to manage its own DSR Rayong Province on the east coast where the local and to control and monitor the SSR and external people would like to expand tourism for employ- forces so that the fisheries and coastal resources ment and income. This initiative, if managed management strategies can be brought to a point of properly, should be supported as it is in the balance between DSFCR and SSFCR. While de- people’s interest. However, the state saw it differ- mands and pressures on natural resources continue ently and refused the expansion citing environmen- to increase, Thailand’s effort to control population tal damage already done by existing establishments. growth are making some headway. Changes in It went on to say that any new tourism operation consumption patterns have tremendous effects on would worsen the already degraded environment in natural resources exploitation offsetting the human the National Park. From another perspective, if this demands as a result of population growth. local initiative had sufficient scientific and engi- neering back-up, productive consultation with park Natural Resources Demand officials, and public participation, then the Ko Samet National Park would have been a role model Natural resources provide for human needs. for coastal tourism. However, as demand increases, natural resources are used up. Expenditure to bring degraded natural The DSFCR management strategies in Thailand resources back to their original condition would be are not implemented in a way that resource owners costly. The supply-demand paradigm in Chapter 1 are guaranteed their ownership rights. Further explains clearly the management and mismanage- analysis suggests that the national legislation system ment scenarios. has focused its attention on the exploitation of fisheries and coastal resources for macroeconomic There are issues relevant to the natural re- growth rather than for the improved well-being of sources demand as follows: individuals.

Though equilibrium is ideal, there are ways In 1997, tourists visiting coastal provinces to manage the natural resources to fluctuate generated high profits. However, more than 70 around the equilibrium point; and percent of spending was in larger cities like Monitoring of fisheries and coastal re- Bangkok, Phuket and Chantaburi. The largest share sources conditions is necessary. of earnings were by a few large entrepreneurs while individuals, whose livelihoods depend on tourism Coastal Aquaculture resources, got a smaller share. In addition, the aesthetic value of the unspoiled islands and towns Coastal aquaculture, which includes the culture that the local residence once enjoyed has been of fish, crab, prawn and shellfish, are increasingly degraded as a result of quick and poorly planned important alternatives to the declining marine construction. capture fisheries. Among all species cultured, tiger prawn (Penaeus monodon) is the most popular and Similarly, as in the case of coastal aquaculture, occupies a large area of coastal zone. Foreign the export demands from wealthier countries have exchange earnings, employment and associated influenced the extraction of coastal resources while industrial development have expanded during the social and environmental costs are left for the locals. past 10 years. The positive contribution of tiger

147 prawn aquaculture has complemented the impressive Marine capture fisheries in the EEZ involve economic growth of Thailand. However, negative different types of fishing gear, different boat sizes, consequences of tiger prawn aquaculture have also different species caught and all other fishing activity been noted. Environmental costs are not considered. within the national boundary as provided for by This is misleading but the substantial foreign UNCLOS. In it, Thailand gained 60 percent more exchange earnings have prompted the Thai govern- in sovereign waters but lost about 300 000 square ment to encourage the tiger prawn aquaculture miles on the high seas after it was declared part of industry. the neighboring countries’ EEZ.

The present slowdown of tiger prawn aquacul- Even though the sovereign waters of Thailand ture is largely due to the use of unsuitable land (rice increased, fishery abundance is questionable, as fields, fruit orchards, rubber plantations), infesta- most of the Thai waters have been heavily exploited. tions of pests, disease, and water pollution, man- There has been visible evidence indicating that the grove deforestation, increased prices of inputs (feed, quantity and quality of Thailand’s fisheries have fingerling, labor, chemicals), and scarcity of tiger been degraded to the point close to or exceeding prawn parent stocks. It is also believed that the the estimated maximum carrying capacities. In slowdown in this industry was one of the contribut- addition, the catch of high priced fish has de- ing causes of overall macroeconomic downturn and creased resulting in additional efforts to compensate the financial crisis that hit Thailand in 1997. for higher fishing costs. Consequently, incidents of Thai fishing boats caught encroaching the waters of A case study in Khlung District, Chantaburi neighboring countries are increasingly being Province, illustrates that the major problem facing reported. Within Thailand, trawlers intrude into the the industry has been the changing coastal environ- prohibited 3 000 m zone which is preserved for ment. This resulted from pollution, improper small-scale coastal fishers and into protected areas. wastewater treatment, improper sludge disposal, uncontrolled industry expansion and weak enforce- Recently, there was a proposal for an expansion ment of laws and regulations. Apart from environ- of the conservation zone in Phangnga Bay, which mental problems, the tiger prawn industry is now would take in waters off Phuket, Krabi and Ranong. facing international interventions such as trade Inshore fishers demanded that the Fisheries Depart- restrictions, quality assurance and environmental ment extend the conservation zone from 259 square policy controls by importing countries. miles to 773 square miles to allow a greater area for the rehabilitation of fish stocks. The Phuket Fishery SUPPLY-SIDE FISHERIES AND COASTAL Association representing commercial trawlers RESOURCES (SSFCR) initially proposed the conservation area be ex- panded to 401 square miles but the meeting opted The SSFCR are marine capture fisheries, deep- for 649 square miles as suggested by fishery biolo- sea fishery, mangrove resources, seabed and coastal gists. minerals, and coastal tourism resources. The follow- ing subsections present analyses of SSFCR status An agreement of sorts was reached. A committee and identify predominant issues associated with the was set up to study the appropriate area and report SSFCR. within three months. It agreed that the current protected area is the basis for further discussion but Marine Capture Fisheries enforcement would only continue in the original 259 square miles zone for the time being. There are Marine capture fisheries are fishing activities in several issues associated with the marine capture the sea starting from the mangroves and intertidal fisheries as follows: zones to Thailand’s 200-mile EEZ. Deep-sea fisher-

ies in international waters will be considered in the The qualitative and quantitative abundance following subsections. of fishery resources has decreased;

148 Increasing competition to enter protected ences have been indicated; zones; Modern fishing gear and technologies and Attempts to reach agreements on joint supporting storage facilities are needed. ventures with neighboring countries; These involve high initial investments; Attempts by the government and concerned Supporting onshore facilities have been institutions to enforce existing laws and developed along with the air transportation regulations and issue new regulations; of fish catch to markets, mainly to Japan; Attempts by small-scale fishers to protect fish and spawning grounds and to extend current Joint-venture development is necessary. areas under conservation; and The private sector has expressed its desire to Mangroves fish in international waters. Mangrove timber and wood products are in high Deep-Sea Fisheries demand. Mangroves are cut for charcoal, while hardwood from several remote islands has been The deep-sea fisheries open a new frontier for the heavily logged for timber. During the period 1961 to Thai fishing industry as a result of the Chulabhorn 1993, mangrove forests have been reduced by more research conducted jointly with Burma during than 54 percent. However, in 1996, the mangrove November 1989 to January 1990. The amount of area gained 13% due to the proposed ban on man- catch and the costs involved appear to entice boat grove concessions and a 1996 cabinet resolution that operators. However, the deep-sea fishery in Thailand prohibits all new mangrove concessions. The ban was is still at an initial stage of research on feasibility, triggered by problems in the tiger prawn industry preparation for equipment and modern fishing and a relative loss of international competitiveness of technology, legal and policy perspectives and joint- Thai prawns to neighboring countries. Other reasons venture possibility. Countries like Japan, Taiwan and that contributed to this ban are the changing atti- China have had much experience in deep-sea fisher- tudes of the population toward mangrove conserva- ies, from which Thai fishers can learn. Joint fishery tion, the roles of the non-government organizations’ ventures seem to be the best alternative to move (NGOs) mangrove rehabilitation programs and the Thailand’s stagnant fishing industry forward. How- natural regeneration of mangrove forests. ever, joint-venture deals sometimes involve unfair benefit distribution and breaking of the joint-venture Increased mangrove cover is both a quantitative rules and regulations. All parties involved in joint and quality consideration. Mangrove quality refers to fishery ventures have to play an appropriate role to the composition of mangrove tree species, its aquatic implement the agreements; otherwise benefits will not life and the local community which it supports. accrue to all. There are several issues identified in the According to reports and observations, biodiversity of present research as follows: mangrove forests has changed. Many mangrove forest species have been lost forever. Some of the main There is deep-sea fishery potential on the factors responsible for this reduction in quality are western coast of Phuket and around the 90 activities such as direct use of mangrove timber, East Ridge. Some attempts by the Department wastewater drainage and sludge from shrimp farming of Fisheries in conjunction with Phuket and global climate change. The local communities Fisheries Association and Burma have shown living in and around the mangrove forests are also favorable economic returns; affected due to the loss of their means of livelihood. There are a few fish species such as yellow-fin Their economic, social and cultural characteristics tuna (Thunnus albacares), tuna (Thunnus have been altered to the point that some areas of tonggol), eastern little tuna (Euthynnus affinise), indigenous knowledge has quickly disappeared. and skipjack (Katsuwonus pelamis) to be caught Issues concerning the management and use of for commercial purposes; mangroves are: Need for training to enhance fishers’ experi-

149 Mangrove resources are highly dependent on Some disputed areas are under joint devel- domestic and international forces such as opment; and government policies to encourage group The transportation of petroleum products management of shrimp farm operation in by pipeline is controversial as their construc- line with mangrove existence and shrimp tion requires cutting trees as well as disrupt- prices in the international market. These ing local communities and historic sites. factors have dramatic effects on both man- grove quantity and quality; Coastal Tourism Although there is a positive trend in man- grove management, there is still uncertainty Coastal tourism resources include 3S-1C (sun, whether this trend can be maintained; sand, sea, and culture). Thailand is fortunate to have The recovery rate of natural or rehabilitated sunshine throughout the year with monsoons mangroves is slower than the use rate; and affecting both sides of the coast alternately every six Mangrove forests can be educational sites months. Tourism is favorable year round. Clean where eco-tourism can be promoted. beaches, white sands and appropriate beach slopes are the main attractions. In Thailand, sand mining Coastal Minerals is a new phenomenon. Sand is sold for beach nourishment and used for landfill and road con- Minerals found in the coastal zone have been struction. The sea is another important component heavily mined. For example, there are no longer any involving clear and clean water, colorful and un- tin deposits which can be commercially mined. Sand spoiled coral reefs and fish, moderate wave move- mining is another issue which has received much ment free from stinging jellyfish. Again, Thailand is public attention. There are domestic and regional considered fortunate to have these qualities on both demands for white sand either for house and road coasts (i.e., Phuket, Krabi, Trang on the west coast, construction or for beach nourishment. Exploration and Chanthaburi, Prachubkirikhan, Chumphon, of mineral deposits along the coastline is more Surathani, Songkhla on the east coast). difficult. During the survey and exploration for minerals, it is inevitable that mangrove trees are cut. These three components of coastal tourism are attributes of nature which, if left untouched, are Other important seabed minerals are petroleum dependent only on natural functions. However, products such as crude oil, condensate and natural activities such as marine capture fisheries, coastal gas that are found scattered in the Gulf of Thailand, aquaculture, tourism, infrastructure development, the Andaman Sea and in some disputed areas near industrial waste and household sewage and other Cambodia and Malaysia. Oil and gas exploration is activities are also competing with these resources well developed in the Gulf of Thailand while the used for tourism. These activities can be considered feasibility for similar development in the Andaman as a form of culture, which can degrade and/or Sea is still being studied. In terms of sand, seabed enhance the quality of coastal tourism resources. and coastal minerals, several issues have been Culture includes tradition, art forms, architecture, identified: infrastructure, transportation, communication, laws and regulations. These are major components of Many mineral deposits in Thailand, espe- culture that are significant for the existence of cially tin, have been mined to exhaustion; tourism resources in the natural system. There are Sand mining is being practiced despite several issues related to coastal tourism resources: being illegal. This is a dangerous practice as several negative consequences follow such as Coastal tourism sites have been developed coastal erosion and loss of esthetic values; following similar development patterns; Petroleum exploration in the Gulf of Several coastal developments have benefited Thailand is well developed, while the a few large developers while the local people Andaman Sea is still at an early stage of get a smaller share; development; The traditional way of life in communities

150 continues to change, even in remote areas; capacity building of the shrimp farmers as partners

Fisheries and coastal resources continue to with the local government officials in the develop- be degraded because of exploitation from ment of a local community-based action plan. A both sea-based and land-based activities need for education was clearly identified and including wastes; addressed through a series of training courses,

Some coastal tourism sites are learning from education campaigns, cross-site visits, seminars and past mistakes. They are moving toward more workshops led by the shrimp farmers and local local participation and environment-friendly officials. The steps in the formulation of the co- approaches; and management approach, using the present wastewater

Increasing competition to access new tourist problem and sludge disposal as starting point, are sites such as marine national parks. as follows:

Case Study: Shrimp Wastewater Co- Step 1: Define the problems and opportunities, Management in Ban Kwian Huk, existing policies and work plans of the Chantaburi Province government at both national and provincial levels. The conflicting Ban Kwian Huk is managed under the Kwian policies and plans are identified and Huk Sub-district Administration Organization, will be updated. A planning team Khlung District, Chantaburi Province (see map in composed of shrimp farmers and the Figure 5.2). The coastal area has been used for public is created to work to identify shrimp aquaculture for some time. Chantaburi was management and sustainable develop- one of the pioneers of the shrimp farming industry. ment options and to decide on the Coastal resource problems occurred as shrimp farms planning approach. became increasingly susceptible to diseases. The Step 2: Some necessary data are identified and infestation resulted in the collapse of the shrimp collected by a collaborative team of industry in this province. One of the main causes shrimp farmers and government offi- was the improper management of wastewater and cials. The team analyzes the current sludge drained from shrimp farms into common situation and considers options includ- waterways. This polluted wastewater and sludge was ing zoning of land and water use. later pumped into the ponds unintentionally or Step 3: Plans and options are prepared and unknowingly. presented for public discussions. They are then revised taking into account the The implementation of measures to regulate plans of the government and budget. shrimp production and control wastewater quality Step 4: Formulation of actions for implementa- requires the development of an effective management tion are undertaken to include as much plan. Techniques such as co-management can be cooperation as possible from concerned used to overcome environmental problems caused by institutions. Some training may be contaminated water supplies, shrimp diseases and required with major emphasis on the open-access nature of the resources used for project proposal development. It is shrimp aquaculture. The rationale for co-manage- important that in many stages of ment employed within the Integrated Coastal Zone developing the project proposal as Management (ICZM) framework is a process for identified in Step 3, the Kwian Huk producing effective management plans based on an Sub-district Administration Organiza- ecosystem approach and local community participa- tion has to involve concerned govern- tion. ment agencies so that the proposed budget will be approved. The projects This case study focuses on identifying the and action programs should be moni- stakeholders in Ban Kwian Huk. The stakeholders in tored and evaluated to adjust to chang- turn identify key issues to be addressed. Through ing environments. this process, the community has focused its effort on

151 Figure 5.2 Location of Case Study Sites.

Ban Kwian Huk, Klung, Chantaburi Province

GULF OF THAILAND ANDAMAN SEA

Pak Phanang, Nakhon Si Thammarat Province

Ban Laem Makham, Sikao, Trang Province

Tarutao National Marine Park, Satun Province

152 The integrated coastal area management (ICAM) Rationale: approach resulted in the formation of a local Shrimp Farmers Group. This was later transformed into the Sludge from shrimp farms is a major source of newly decentralized organization, the Kwian Huk pollution. Elimination of this pollution is the first Sub-District Administration Organization. This step in improving water quality in the water chan- planning process enhances the shrimp farmers nels. This involves including as many shrimp capability to identify problems, explore solutions, farmers as possible in the Shrimp Farmers Group. and formulate action plans to integrate them into the Farmers are strongly urged to begin considering provincial integrated master plan. The experience innovative ways to use portions of their pond area demonstrated that sustainable farm development can for use as a water reservoir and develop separate be initiated by a process of organized management intakes and outlets. arrangements at the local level under the ICZM framework. It has shown that shrimp farmers, who Objective: were once blamed for much of the degradation, can be effective coastal zone managers. To identify all existing sources of sludge and sediment entering the water channels and to de- Co-management Approaches for the Manage- velop procedures to deal with pollution. ment of Shrimp Wastes Action: Co-management strategies are described in this section to provide opportunities for the Shrimp 1. Identify where sludge and sediment enter the Farmers Group to improve production through water channels; minimized self-pollution problems and other poor 2. Identify seasonality of sludge and sediment production factors, including outbreaks of disease. entry; The rationale for co-management practices employ- 3. Identify methods to be used to eliminate sludge ing the Integrated Coastal Management (ICM) and sediment sources; and framework for the promotion of shrimp production 4. Collect baseline water and soil data from several and wastewater management is a promising model. locations from the main water channels. The model is expected to adjust the DSR (aquacul- ture operations) and the SSR (natural function) to Strategy Two: equilibrium by having the stakeholders and support- ing institutions working together. The local shrimp Legislate rules to prevent sludge and sediment farmers expressed their eagerness to form a group in from entering water channels. order to create collective power for management, seek government support and request external funds. Rationale: Initially, the group has to encourage the local com- munity to become active participants. The Govern- Once the Shrimp Farmers Group is able to ment officials have the academic knowledge whereas eliminate pollution from farms, the Group must the shrimp farmers have their extensive experience. establish rules to prevent the same problems from Working in cooperation will eventually generate reoccurring. It is important for non-members to benefits to all parties. realize the importance of group action against common problems. The co-management strategies of farm water supply in shrimp farming are presented as follows: Objective:

Strategy One: To develop rules to control sludge and sediment disposal into common water channels and to seek Prepare procedures to eliminate existing sources agreement with non-members to discuss future of sludge, sediment and other pollutants entering protocols. the water channels.

153 Action: materials draining into the water channels and help remove excess dissolved nutrients from the routine 1. Identify methods and community rules to control release of water. future sludge and sediment sources and their entry into the water channels; Objective: 2. Identify how sludge and sediment from non- member sources will be prevented from entering To initiate the use of mangrove trees as a natural the water channels; method of water quality improvement in the canals 3. Identify how the Shrimp Farmers Group rules and water channels. will be monitored and enforced; and 4. Prepare protocols to be discussed with the non- Action: members. 1. Identify locations for mangrove tree planting; Strategy Three: 2. Mangrove planting at demonstration sites near the Shrimp Farmers Group farms; Conduct problem/solution workshops to identify 3. Use Shrimp Farmers Group farm locations for long-term solutions. water quality sampling and testing; and 4. Use planting activities as a participation tool for Rationale: neighboring shrimp farmers, students, local scholars, and the public. It is important to circulate the Shrimp Farmers Group findings and activities to a wider audience. Strategy Five: This will facilitate future cooperation. Experiences from other stakeholders in the same or different areas Conduct farm production trials. are beneficial to the Shrimp Farmers Group to learn and design management strategies. Rationale:

Objective: The Shrimp Farmers Group members partici- pate in farm production trials. These farms have to To seek other people’s knowledge and experi- demonstrate current financial viability and agree to ence for mutual benefits. It is also a public relations use a reservoir for preconditioning water and follow campaign to increase the credibility of the Group. recommended farm management procedures for at least two crop cycles. Action: Objective: 1. Prepare relevant documents and locate resource people to conduct the workshop; To demonstrate that implementation of sustain- 2. Identify participants; able production measures using improved water 3. Review information; and supply strategies and renewed operating practices 4. Formulate solutions based on the results of the improve profitability. workshop. Action: Strategy Four: 1. Select five to ten Shrimp Farmers Group mem- Plant mangroves along the inner edges of the bers who are willing to participate in the farm water channels. production trials; 2. Monitor and evaluate all stages of production; Rationale: and 3. Provide production guidance to participating Mangrove trees play an important role in water farms. quality control. They aid in the reduction of organic

154 Strategy Six: paternal governments who were dependent on the government in the capital city. Remove sludge. In the Ayutthaya period (1350-1767), the status Rationale: of the King changed from a father figure to a presumed god. This affected the public administra- The existing accumulated sludge should be tion system, changing it from a paternal government physically removed. The physical removal of sludge to absolute monarchy. Administration was based on and its preventive control are beneficial to shrimp the Four Pillars Ministerial System which was farming success. derived from the Khmer and Indian civilizations. These were the four main ministries necessary for Objective: the government to control and promote the prosper- ity of the state and the people. These were: interior, To prevent pollution from entering the shrimp palace, finance and agriculture, which dealt with ponds, exhibiting one of the important factors for governance led by the King, taxation and revenue successful shrimp farming. for the King and government officials, and food production. The structure of the public administra- Action: tion system was not complicated compared with later developments. It was considered sufficient, as the 1. Undertake the development of sludge removal supply of resources was still abundant. This structure plans including the sourcing of equipment, was practiced until the reign of King Rama V of the materials, and techniques; and Rattanakosin era (1868-1910). The laws were 2. Provide labor and operating costs for sludge classified into three categories: laws enabling the removal programs for exhibition farms. King to have absolute power and maintain the morals of the King; laws prescribing the regulation NATIONAL POLICIES, PLANS, LAWS AND for civil servants, land laws and social status of the INSTITUTIONS governed civilians and other laws addressing other governance issues. It can be seen that prosperity and Historical Development of Policies, Plans, peace relied heavily on the morals of the King. Laws and Institutions Administration was aimed at the well-being of the King and his monarchy, while the well-being of the When the Thai script was invented in 1283 by people depended on the King’s morals in relation to King Ramkhamhaeng written laws were based on religious beliefs. Hindu scriptures. Important policies of the period included free trade, irrigation systems development During the reign of King Rama V, Thailand and water supply systems. As the social and economic increased its international involvement, as there arrangements were based on an agrarian system, the were trading affairs with many western countries, so policies were largely related to agricultural produc- the public administration, laws and policy become tion. There was no direct policy, plan, law and more internationalized. In this era, the King’s power institution aimed at managing the fisheries and was reduced by the establishment of central, provin- coastal resources, and coastal environment as abun- cial and local administrations. The first laws con- dant supply made this unnecessary. cerning fisheries appeared in the era of King Rama III in the form of water revenue laws. These laws During the Sukhothai period (1235-1350), a were revised later during the reign of King Rama V paternal government existed. The state was a large and called the Water Revenue Act (Rattanakosin Year family comprised of parents and children. The head 120), which described the revenue that was collected of the family, who was often the father, had an from water usage, especially from the fishers. absolute authority to govern the family. The family represents the capital city and other inner-ringed The main policies during the reign of King cities. The public administration was decentralized Rama stressed on five main aspects: so that the outer-ringed cities have their own

155 Figure 5.3 A Demand-Supply Paradigm with Historical Development in Thailand.

100

SSR Quantity demanded and supplied Index

King Rama IX to present period

50

- Modern technology DSR - Political advancement - Social and economic development - Increased environmental concerns - Regional cooperation International Intervention King Rama V period Ayutthaya to Sukhothai Early Rattana- period kosin period 0

Mismanaged situation Free trade Explicit - Production technology policy trades - Advanced communication Managed situation - Improved transportation - Increased foreign trades - Distribution of the King’s authority

Uniting Thailand through control over all the same as in the reign of King Rama V. Only some states; new local organizations were allowed to be estab-

Strengthening the public administration lished. There still existed a top-down administration system to prevent colonization from the west; that enabled the central administration to pool

Facilitating improved livelihood opportuni- authorities and resources within its hands. ties for civilians so that the tax collected could be used for infrastructure improve- From the graphical representation of DSR and ment as well as avoid western colonization. SSR movements shown in Figure 5.3, the Sukhothai

Central administration has controls over period shows a constant demand as a subsistence outer-ringed cities; and economy prevailed. Increased foreign trade is

Fair treatment for all under-governed evidenced during the Ayutthaya to early civilians. Rattanakosin periods, and dramatic increases during the reign of King Rama V when production, commu- A dramatic change in Thailand’s political system nication, transportation and foreign trade were took place during the reign of King Rama VII (1932) improved. During the reign of King Rama IX, when absolute monarchy was superseded by demo- Thailand opened its economy to international cratic reforms and the status of the King was trans- markets and associated Thailand with the interna- formed from being a presumed god to a symbolic tional community. leader. The public administration system remained

156 Figure 5.4 Policy Formulation and Planning Processes at Different Levels of Administration.

National National Economic and Specific Development Social Development Plans Government Policies Plans and Policies

Ministry Development Plans at Ministerial Levels

Development Plans at Department Departmental Levels

Provincial Provincial Development Provincial Environmental Plan Action Plan

Amphur Development Plan

Provincial Municipal Tambon Pattaya City Administration Local Development Administration Development Organization Plan Development Plan Plan Development Plan

Public Administration Systems and addition, globalization requires a less centralized National Policies form of administration. The New 1997 Constitution and other laws revolutionized how Thailand is National policies are formulated by the central governed especially in resource and environmental administration and then given to the provincial and management. local administration for implementation. The public administration structure involving central, provincial As shown in Figure 5.5, there are at least seven and local administration is shown in Figure 5.4. This measures supported by the New Constitution to process has been under heavy criticism as it has enable a more transparent, efficient and effective created many undesirable consequences resulting in political and bureaucratic system for the management the degradation of fisheries, coastal resources and of fisheries, coastal resources and coastal environ- the coastal environment. The general public does not ments. have true participation in managing their resources. Majority of the benefits generated from this form of National Policies administration fall into the hands of politicians, their clients, capitalists and high-ranking government Centralized public administration prevails in officials. For the past 15-20 years, there has been most resource management policies in Thailand. some movement among intellectuals, white-collar This includes fishery and coastal resources. A major- workers, non-government organizations and ity of national policies shows unclear roles and grassroots organizations to push for political and responsibilities of the concerned institutions. bureaucratic changes and local management. In Current government policies emphasize the sustain-

157 Figure 5.5 Measures to Enable Government to Become More Transparent, Efficient and Effective.

Rights to inspect government offices/civil servants

Rights to access information and explanation from government offices/ civil servants

Rights for NGOs and education institutes to assess impacts from development projects

Rights for 50,000 voters to inspect Government Transparent, efficient and effective politicians, judges and civil servants bureaucracy government bureaucracy

Reduce vote-buying

Imposition of measure to prevent corruption

Increase monitoring and control mechanism for all relevant aspects

able use of the fisheries and coastal resources. Some Though well intentioned, the policies are not key policies are the National Forest Reserves policy fully implemented. Among the reasons are insuffi- (1964), the Non-Hunting Area policy (1984), and the cient decentralization, unclear boundaries of man- Fishery Protection Zone (1972). These policies are grove forest reserves, imposed boundary overlaps considered appropriate for the physical characteris- with private lands as well as the inefficiency and tics and sustainable use of the fisheries and coastal ineffectiveness of the relevant institutions. Flexible resources. approaches in solving conflicts concerning settle- ment in protected forest reserves is another reason. Many coastal zones are covered by mangrove This problem is intractable due to frequent changes forests. They act as buffers preventing coastal erosion in government and the tendency of politicians to use and are nurseries for aquatic animals. The preserva- the Land Code as a bargaining chip to maintain tion policy is expected to conserve this intricate and their position as land right is the most crucial issue interdependent ecosystem. A fertile mangrove forest in Thai politics. supports fisheries, recreation and tourism. Land increasingly becomes a major factor in Settlement in the coastal zone should be avoided government planning because of previous policies on as it is susceptible to natural calamities such as promoting population growth, agricultural export- typhoons, coastal erosion and floods. However, there oriented policies, and policies on unlimited land have been several cases of encroachment of mangrove holdings. The first two policies have created demand forests, beaches and saltwater swamps for settlement. for land. Consequently, people encroach the national forest reserves, converting them into settlements and The objective of the fish protection zone is to farms for their livelihood. The last policy has conserve the fertile spawning and nursing grounds of resulted in a few landlords with large landholdings, aquatic animals. In addition, it protects the small- many small landholders and numerous landless scale fishers from the destructive fishing practices of people. large-scale commercial fishing operations.

158 At present, the population growth policy has overlap, confused lines of command and been effectively replaced by population control while insufficient coordination. the agriculture export orientation and unlimited landholding policies are still in effect. There have Apart from these plans, there are other plans at been serious efforts put into community forestry the ministry, department, provincial, district, sub- policies to solve the problem of encroachment in district and local levels. Most deal with the well- national forest reserves. The rationale is that man and being of the people and treat the environment as a forest can coexist. This policy has been well received separate concern. Many plans continue to focus on by the public. It is still at the stage of public hearings construction of facilities, which generally involve and undergoing formal procedures. high capital investment and often are not fully and efficiently used for the designed purposes. National Plans National Laws, Regulations, and In Thailand, relevant national plans for fisheries Institutions and coastal resources management can be classified into two main groups, the National Economic and National laws, regulations and institutions are Social Development Plans and Specific Development closely related in that the government’s institutions Plans. implement and enforce laws and regulations with the primary purpose of peace and order. In a market The National Economic and Social Develop- economy, the national laws and regulations attempt ment Plans. These plans play a crucial role to control the exploitation of scarce natural re- in the development direction of Thailand. sources. Institutions involve attempts to implement There have been seven plans so far and at laws and regulations and maintain the integrity of present, the eighth plan is in effect. The the natural resources. former plans focused mainly on infrastruc- ture development, exports and a rush to There are direct laws regarding coastal resources become an industrialized country ignoring and coastal environmental management and laws environmental protection. However, the similar to those that originated during the reigns of eighth plan focuses on human resource King Rama III and King Rama V in the form of the development and public participation in Water Revenue Act. Today, there are at least 37 designing the development direction. With related laws, among them: regard to fisheries and coastal resources management, the contents of the plan Forest Act, 1941; involve: Forest Reserves Act, 1992; Local Administration Act, 1914; 1. rehabilitation of the fisheries and coastal Public Administration Act, 1991; resources by promoting alternative use; Fisheries Act, 1947 amended in 1985; and Wild Animal Protection and Reserves Act, 2. participation of communities in plan- 1992; ning and implementing the use of these Provincial Administration Organization Act, resources and the importance of informa- 1997; tion for decision-making and planning. Sub-district Council and Sub-district Admin- istration Organization Act, 1994; Specific Development Plans. These plans Enhancement and Conservation of National aim at developing a specific area, topic or Environmental Quality Act, 1992; target population. These are extensive and Land Code, 1954; involve many aspects. There are many Civil and Commercial Code; committees nominated or elected to imple- Navigation in Thai Waters Act, 1913; and ment the plans. The many plans and The 1997 Constitution of the Kingdom of committees have created problems of Thailand.

159 There are also several cabinet resolutions and grove forests so that it will protect the village from ministerial notifications allowing sufficient flexibility strong winds, storms and typhoons while others want in the implementation and enforcement of these laws this land for future development such as shrimp and regulations. farming.

There are a considerable number of laws and The main livelihood of the people in Laem regulations concerning natural resource management, Talumpuk is fishing. However, the sea is increasingly but several problems hindering such activities exist. being subjected to exploitation by large trawlers These include: encroaching the protected zone. Mangrove forests are converted into shrimp ponds or lose their character-

Loopholes; istics by sedimentation and dry-out. The local people

Light penalties; are exercising their resource use rights with limited

Repetition and conflicting content; support from legal instruments and insufficient

Difficulties in implementation and enforce- attention from concerned institutions. However, the ment; and establishment of the Sub-district Administration

Centralized and complicated procedures for Organization in 1994, and with strong local leaders, law enforcement. has encouraged the local people to attempt to protect their rights and to request for more local government The following matrix (Table 5.3) shows the support. These initiatives appear to work but there relationship between roles and responsibilities of are still loopholes wherein the local people and the concerned institutions for fisheries and coastal resources are further exploited. resource management. With relatively weak village cohesion and limited Case Study: Law Enforcement in Fish- attention from the local government, Laem Talumpuk eries and Coastal Resources in Laem continues to be an area of conflict and intensive Talumpuk competition for resource use among stakeholders. Problem issues identified in the present research are Laem Talumpuk (see map in Figure 5.2) is a outlined as follows: classic case study of insufficient laws and poor

enforcement of regulations. It represents conflicting Trawlers and large-scale push netters en- uses of resources, such as marine fisheries and croach the prohibited 3 000 m zone displac- mangroves. In addition, shrimp aquaculture has been ing small-scale fishers from their traditional developed in vast areas and encroaches into the fishing grounds;

mangrove forests where local people derive their Mangrove forest destruction and illegal livelihoods. The problems occurring in this area are claims on mangrove lands brought about by complex and are affecting the local people and the open access regime of property rights in institutions. mangroves;

Susceptibility to natural disasters such as Geographically, Laem Talumpuk is situated in an heavy monsoons and tropical typhoons elongated hook of Pak Phanang Bay surrounded by which limits tourism development and mangrove forests. The hook serves as a catchment capital investment;

causing the sediments to deposit. This has resulted in Insufficient local government attention to the extension of the Pak Phanang Bay shoreline help the local people exercise their rights to creating shallows, which allow mangrove forests to use and protect the fisheries and coastal colonize. The newly formed mudplain is a natural resources;

phenomenon creating new un-owned land that The local people have weak cohesion and government instruments are unable to manage. There attachment to their local organization have been disputes between the local people and brought about by the seasonal migration of urban areas whose interests are conflicting. The local fishers in search of better fishing grounds; people want the new land to be covered with man- and

160 Table 5.2 Interrelationship Matrix Between Roles and Responsibilities of Fisheries and Coastal Resources Management Institution. Soil Management Management Water Fishery Agriculture Land Use and Planning Industrial Natural Disaster Management Transport & Communication Transport Tourism Aquaculture Forestry Environmental Management Mining Urban Development 1. Office of the Prime Minister 1.1 Office of the National RFM RFM RFM RFM RFM RFM RFM RFM RFM RFM RFM RFM RFM RFM Economic and Social Development Board 1.2 The Bureau of Budget BM BM BM BM BM BM BM BM BM BM BM BM BM BM 1.3 The Tourism Authority of ------S RP - S S Thailand 2. Ministry of Finance 2.1 Bank for Agriculture and - - B B B B ------Agricultural Cooperatives 3. Ministry of Agriculture and Cooperatives 3.1 Department of Fisheries - RP RPE RP - S - S ------3.2 Royal Forest Department - - - E - RPE - S - - S - S RPE 3.3 Land Development RP S - - S ------S S Department 3.4 The Royal Irrigation - RPE - - S ------S Department 3.5 Department of Agriculture - - S - P S ------S - Extension 3.6 Agricultural Land Reform PE S S S S - S ------PE Office 3.7 The Cooperatives Promotion S - S - S ------Department 3.8 Department of Agriculture R R - S R ------3.9 The Forestry Industry - - - - - S - RP - - S - - - Organization 3.10 Fishery Marketing - - S - - - - S ------Organization 4. Ministry of Science, Technology and Environment 4.1 Office of Environmental Policy FM FM ------FM - and Planning 4.2 Department of Environment P P ------P - Quality Promotion 4.3 Pollution Control Department PE PE ------PE - 4.4 The National Research R R R R - R R R R R R R R R Council of Thailand 4.5 Wastewater Control - - P - R ------Organization

161 Table 5.3 Interrelationship Matrix Between Roles and Responsibilities of Fisheries and Coastal Resources Management Institutions. (continued) Soil Management Management Water Aquaculture Fishery Agriculture Forestry Industrial Mining Urban Development Tourism Environmental Management Land Use and Planning Natural Disaster Management Transport & Communication Transport 5. Ministry of Public Health 5.1 Office of the Permanent - S ------S S - Secretary for Public Health 5.2 Department of Health - S ------S S - 5.3 Department of Medical - S ------S - Services 5.4 The Food and Drug - S ------SE - Administration 6. Ministry of Interior 6.1 Department of Land PE ------PE 6.2 Public Works Department - P - - - - P - - P S P P - 6.3 Department of Town and ------S S - PE - - S PE Country Planning 6.4. Department of Local E P S SE S SE - - P S S P E - Administration 6.5 The Royal Thai Police E E E E E E E E E - S S E E Department 6.6 The Community - - S S - - - S - - S - S - Development Department 6.7 The Office of Accelerated - P S S - - P - - - S - - - Rural Development Agricultural Cooperatives 7. Ministry of Industry 7.1 Office of the Permanent - S - - - - - PE - - - - E - Secretary for Industry 7.2 Department of Industrial - S - - - - - PE - - - - E - Works 7.3 Department of Mineral - S ------PE - - - E - Resources 7.4 Offshore Mining ------P - - - - - Organization - - - - - S - P ------7.5 Petroleum Authority of Thailand 8. Ministry of Transport and Communications 8.1 The Harbor Department ------P S - - S - P - 8.2 The Meteorological - S - S S - S - - - - S - - Department 8.3 Port Authority of Thailand - - - S - - P ------9. Ministry of Defense 9.1 Royal Thai Navy - S S - S S - S S - S S S - 10. Ministry of University Affairs R R R R R R R R R R R R R R

Note: B=Budget; R=Research; F=Plan Formulation; M=Monitoring; I=Implementation; P=F+I+M=Planning; E=Enforcement; S=Supplement.

162 Illegal and ecologically unsustainable Law Enforcement Strategies for the activities are increasingly evident in the Fisheries and Coastal Resource Man- coastal zone such as sand mining, shrimp agement wastewater discharge, sludge drained into the mangrove forests, cutting of mangroves, There are at least 37 laws and regulations regard- hunting of protected animals and intrusion ing fisheries and coastal resources management in into the mangrove forests for settlement. Thailand. Enforcement of laws and regulations differs from one locality to another depending on govern- It has been shown that fisheries and coastal ment policies, local activities and their environmental resources use conflict is mainly due to poor law impacts, and local administrative structure. enforcement. Hence, the following are suggested steps for effective fisheries and coastal resources Laws and regulations which regulate the policies management in Laem Talumpuk: on local fisheries and coastal resources are as follows: Step 1: Use of information technology such as Geographical Information System (GIS) Forest Reserves Act, 1992; to establish clear boundary for mangrove Wild Animals Protection and Reserves Act, forest reserves encompassing the newly 1992; and formed mudplain. This boundary has to Ministry of Agriculture and Agricultural be made known to all stakeholders. Cooperative (MAAC) Notification on 2 July, Step 2: Revision of land right titles in many 1972 prohibiting the use of push nets and previous land regulations under the trawls within 3 000 m of the coastline. Land Code of Thailand. The priority for such revision is to ensure that local Laws and regulations that regulate human benefits are protected. It is important to activity and their environmental impacts are: encourage all stakeholders to participate in the revision. Fishery Act, 1947; Step 3: Local government institutions and the Land Code of Thailand, 1954; Sub-District Administrative Organization Navigation in Thai Waters Act , 1913; should work together to enforce laws and Civil and Commercial Code of Thailand, regulations concerning the national 1935; forest reserves, fisheries resources and Town Cleanliness and Tidiness Act, 1992; shoreline. Clear responsibilities should and be established with the aim of strength- Enhancement and Conservation of National ening the Sub-district Administration Environmental Quality Act, 1992. Organization. Step 4: Enhancement of management skills of Laws and regulations on local administration are the local people and stakeholders. It is as follows: important to enhance awareness of the local people, public and responsible Sub-district Council and Sub-district Admin- government officials to wisely use the istration Organization Act, 1994; resources as well as to prohibit exploita- Provincial Administration Organization Act, tion. 1997; Step 5: Establishment of local surveillance units Local Administration Act, 1914; to monitor compliance of the law. These Public Administration Act, 1991; and units are to be independent of political Constitution of the Kingdom of Thailand, influence. Representatives from all 1997. stakeholders are to be included. Table 5.3 shows certain activities that have violated laws and regulations in Laem Talumpuk.

163 In a legal perspective, violations of the existing waters. Local officials were unable to negotiate, laws and regulations are subject to fine and punish- which led the Agriculture Minister to intervene. The ment. However, in reality these activities still exist in Minister finally approved the Department of Fisher- Laem Talumpuk. Persistent violations are caused by ies’ proposal to impose a ban on anchovy boats and a variety of factors such as: those using gill nets from fishing in Songkhla waters.

Fines and punishments are less severe compared with returns from the violation; Strategy One:

Loopholes in laws and regulations allowing violators to go unpunished; Support cooperation among stakeholders.

Centralized law enforcement with insuffi- cient cooperation among law enforcement Rationale: agencies;

Lack of dedicated personnel, budget and The centralization of Thailand’s public adminis- equipment; tration system is inefficient in enforcing laws and

Cohesion among violators forcing officials regulations. It has also created confusion through a to back down; and complicated hierarchy and lines of authority that in

Government policies are relaxed to avoid turn lead to insufficient cooperation among local protests. and central institutions. The local people and institutions are not considered sufficiently qualified A recent example of community efforts to to manage their fisheries and coastal resources. enforce the law occurred on 26 July 1998 when 300 small-scale fishers blocked Songkhla Bay in order to Objective: prevent cargo ships leaving port. The protesting fishers demanded the authorities prohibit large To encourage local stakeholders and administra- anchovy purse seines from fishing in provincial tion to identify, plan and cooperate in the manage-

Table 5.3 Violations of Laws and Regulations in Laem Talumpuk Arising from Human Activities. Land Code, Civil and Forest Wild Animal MAAC Enhancement 1954 Commercial Reserves Act, Protection and Notification and Code 1992 Reserves Act, on 2 July 1972 Conservation 1992 Act, 1992 1. Drainage of sludge Violation of from prawn Articles 54 and 57 aquaculture into non- hunting areas 2. Prawn farms in the Violation of mangrove forests Articles 14 and 31 under forest reserves 3. Mangrove timber Violation of harvesting Articles 14 and 31 4. Hunting protected Violation of animals in mangrove Articles 16 and 47 forests 5. Sand mining in public beaches 6. Sand mining in private Violation of beaches Articles 9108 and 108 7. Human settlement in Violation of mangrove reserves Article 1337 8. Trawling within Violation of Violation 3 000 m from the Articles 14 and 31 coastline

164 ment of their inherited resources. in Thailand’s political economic system. This has resulted in a passive local administration which needs Action: to be revised. Supervision will help reduce patron- client relationships. Efficiency and effectiveness of 1. Identify local fisheries and coastal resources; the public administration system is expected to 2. Identify local stakeholders; improve. 3. Draft management plans; 4. Conduct public hearings, obtain consensus; and Objective: 5. Specify roles and responsibilities. To enable proper supervision of government Strategy Two: officials by the people.

Provide information on resource status, policies, Action: plans, laws and regulations and make them available to the public. 1. Design a process of mutual supervision that is accepted by government officials and the public, Rationale: and 2. Integrate the process in the daily work by means The 1997 Constitution of the Kingdom of of reports, group discussions and collective Thailand has guaranteed rights to the public to decisions. access to information. The information can be used for making local management plans and revising the Strategy Four: plans when resource status changes. Accelerate the process of issuing legislation in Objective: accordance with the New Constitution of the King- dom of Thailand. To provide information as a necessary component for publicly accountable decisions. Each decision Rationale: made should be accepted by the majority of the people. There are several measures in the New Constitu- tion that support local administration. The Constitu- Action: tion also provides for the rights of the local adminis- tration to issue local legislation. It encourages the 1. Improve people’s knowledge about their constitu- local administration to play a role in conserving its tional rights through the media, distribution of culture and traditions, planning its education system printed materials and local government offices; and managing its natural resources and environment; and otherwise, local people may lose their rights to 2. Establish local networks for disseminating manage their resources under the present laws and information and analyze knowledge via existing regulations. local administrative offices such as Sub-district Councils or Sub-district Administration Organi- Objective: zation. To accelerate the process of issuing legislation in Strategy Three: accordance with the New Constitution

Establish a feedback system. Action:

Rationale: 1. Draft a local master plan; 2. Identify the local resources and their ability to Patron-client relationships are a dominant feature support local prospects; and

165 3. Integrate the local master plans into the national tions play important roles in a later stage of gover- plan to influence national legislation. nance).

LOCAL USE AND MANAGEMENT OF The understanding of ownership rights and FISHERIES AND COASTAL RESOURCES customary rules of coastal communities is important in the analysis of access to the fisheries and coastal Local communities in Thailand’s coastal areas are resources. Various fisheries and coastal resources have dependent on fisheries and coastal resources. There different forms of ownership and resource use rights are some potential conflicts between the state and the and are affected by population pressure and changes local management practices, i.e., the state uses in patterns of resource use over time. This implies centralized laws and regulations while the locals rely that the types of ownership and rights to resources on their indigenous knowledge. There are beliefs and change over time. social cooperation mechanisms which exist among local coastal communities. These factors have played The main economically important coastal a dominant role in some localities where state resources in Thailand are fishery resources aquacul- interventions are supportive. However, most coastal ture resources, mangroves, land, water, coastal communities are still in a confused state of manage- tourism, minerals, and cultural heritage. Consider- ment. There are some positive trends of encouraging able emphasis is given to these resources in the these local beliefs and social cooperation to play analysis here. increasing roles in managing fisheries and coastal resources. These are endorsed in the 1997 New Fishery Resources and Aquaculture Constitution and its subsequent laws and regulations. The decentralization process will take some time to be Marine flora and fauna were considered open adopted formally by local administrators. access resources in earlier times when population and use patterns were still minimal and subsistent. Local Ownership and Resource Use There were no restrictions on access to fishery Rights Regimes resources.

The relationship between local communities and Population growth together with the market and natural resources forms an important subject in cash economy began to affect fishing communities studies related to coastal resources management. This about 30-40 years ago through the introduction of is because, at the local level, communities have always motorized craft, modern gear and ice storage. Types been interacting with their surrounding environment. of ownership and resource use rights took different Such interaction can be viewed in two dimensions. forms. Increased competition for the resources led to One, people live off the resources and the environ- the need for resource reserves for each community. ment by exploiting them to serve their needs. Two, Different degrees of restrictions were introduced in people fear that the surrounding resources and the order to limit access to fishery resources by other environment will be exploited, and will eventually fishing communities. The fisheries have become affect their dependence on the environment in the common property resources which a community future. In the absence of state or outside interven- member could access but subject to the community’s tions, the condition of the environment depends customary rules. By itself, the nature of common largely on the balance between exploitation and property resources is subject to exploitation. The protection levels of future uses. This people-resource situation worsens when outsiders intrude into the interaction forms the main core in the development delineated community boundary. Outsiders usually of local and indigenous use and management have better gear and technologies that allow them to regimes, which differ between communities. These extract more of the common resources. differences occur because of their ability to define ownership rights and use customary rules developed Interactions between local people and outsiders by the communities (the state and outside interven- resulted in the loss of local communities’ absolute

166 sovereignty of their common resources. This in turn agement of mangrove resources involves many led to state intervention. Through the state legisla- stakeholders and the complicated nature of the tion process, zones were imposed but it failed in resources itself. Competition for mangrove resources many fishing communities as the state was unable to is stiff as local communities, state and private enforce the rules effectively. enterprises are uncertain on the level of compro- mise. Mangrove resources were used by local com- Most local communities are confused about how munities for many years before the state imposed to exercise their rights due to the interference of formal laws and regulations. There should be a outsiders and the state into their original rights. mechanism to allow access for the local people, Identification of rights, acknowledgment of local however, this generosity may lead to loopholes that ownership rights, customary rules, and the state’s would allow for further exploitation of these re- formal rules should be shared in order to effectively sources. manage these resources. Aquaculture in a marine water body around coastal communities (cage, raft, Coastal Lands mud plain aquaculture, except prawn aquaculture in ponds) is generally localized for community mem- The Land Law Code of Thailand legally allows bers. Since private property rights do not apply to the use of coastal lands for tourism, aquaculture or any public water bodies in Thailand, the arrange- other infrastructure development. The legal status of ments for aquaculture are based on the customary coastal lands is more complicated than farmlands. rules set by the community or acknowledged by the Many fishing communities are located in mangrove neighbors. This is one case where outsiders are areas and intertidal zones. Access rights are granted minimally involved as aquaculture activities involve by the local committee, despite the illegal nature. low priced species and low export demand. State However, there are cases when the state gives special intervention is in the form of supporting aquaculture permits to the local people to build houses. This technologies. seldom occurs due to the high cost of land in certain situations such as when the land has poten- Mangrove Forests tial for tourism and other industrial development. The ownership rights of coastal lands are site Mangrove forests are considered state property specific and most often local people are refused and are crucial to the coastal ecosystem. As with access to state-owned lands, such as beaches, situated fishery resources, the property rights have changed between privately-owned lands. In some cases, over time. However, state intervention appears to conflicts emerge between local occupants and have had a positive impact on the status of man- influential outsiders as land that has long been groves by issuing laws and regulations concerning settled by local occupants is claimed by outsiders. mangrove forest zones, cancellation of new charcoal Resolving these conflicts is costly and time consum- production, supporting mangrove rehabilitation ing. programs and providing information on mangrove rehabilitation. After the boom and bust of prawn It appears that the local people settling in aquaculture, the public has increasingly realized that mangrove forests and disputed lands are losing their the exploitation of mangrove resources for prawn rights based on formal land laws. High costs and production has resulted in an almost total collapse lengthy rights claims are the main obstacles for the of the prawn industry. This has shown that local local people whose rights are not protected by the management practices proved to be more sustain- state. able. This statement, although arguable, is sup- ported by some non-government organizations and Water Resources local governments. Water resource problems in the coastal area can There have been many studies and reports about be classified into two types: water pollution and the causes of mangrove destruction. However, water shortage. The first problem can be found in practical solutions are still ambiguous as the man- saltwater, brackishwater and freshwater, whereas the

167 second type of problems is related to freshwater. The Coastal tourism resource rights classification use of water resources, particularly freshwater, is remains obscure. However, from the local point of highly competitive in coastal areas. Being an open view, safeguards for the coastal resources are vital access resource, the rights of the local people to and initiatives have been undertaken through local control the allocation of the resource and to prevent beliefs and social cooperation. Pressure to share it from being polluted are limited. coastal tourism resources comes from the demand for new tourist sites developed with minimal regard Some coastal communities are reluctant to claim on the importance of such resources to the local their rights to unpolluted water, as they themselves people. Formerly well-defined rights of local people have contributed to the pollution through their have been altered by means of outside involvement household wastes. However, in the case of industrial with a supporting hand from the state legal system. wastewater, it is a right and is guaranteed by legisla- Locals are lured by promises of quick income and tion that the coastal communities should not be disregard the associated social, economic and affected by the wastes that cause high mortality in environmental costs. The rights of the local people fish aquaculture. In theory, the legislation to control are expected to improve with the implementation of and prohibit the effluents from industries seems to the 1997 New Constitution. It will take time before be sufficient. However, in practice, enforcement is a people realize what their rights and responsibilities problem. are provided for in the Constitution.

In the case of water shortage, the local people Coastal Minerals have limited control as water depends largely on natural climatic conditions and on the policy of the Coastal minerals found in the seabed and in central government (dam or water regulatory man- coastal areas include oil and gas, tin, antimony, agement). The normal practice is for urban people manganese, lignite and columbine-tantalite. Mining and industries to be given a higher priority to access these minerals is made through concessions granted the freshwater supply. by the state. Most concessionaires do not come from local communities. Local residents are involved Coastal Tourism mainly as workers. The complication of concession arrangements limits access of the local people to Tourism is a major industry in Thailand gener- these resources which go mainly to urban-based or ating foreign exchange earnings and employment. foreign-based companies. However, tourism also has social and environmental costs. Despite the preponderance of new tourism Cultural Heritage approaches such as nature or eco-tourism, their practical applications are still obscure. Coastal The local cultural heritage is, to a certain tourism in Thailand has inevitably fallen into using extent, promoted through tourism development. this jargon without any clear understanding of Local prices are affected by the artificial demand on definitions and their practical implementation. goods services brought about by tourism rather than by natural supply and demand. Ownership rights of Coastal tourism involves diverse kinds of coastal local people seem to be insufficiently acknowledged resources such as coral reefs, clear water, sandy in an attempt by influential tourism developers to beaches, forests, aquatic organisms, and indigenous seek new tourist attractions. These rights are people and cultural heritage. These resources guaranteed by the New Constitution. If necessary, should be protected due to their significant contri- laws and regulations enabling fair use of the local bution to the whole ecosystem. However, the equilib- people’s cultural resources need to be drafted so rium between supply and demand of these resources that local heritage can be protected and preserved. is still undetermined. One reason is the improper It is Thailand’s most difficult task to identify and determination of prices. Several attempts to solve guarantee the coastal cultural heritage, as these these non-market attributes have been reported, but resources are highly abstract. It depends largely on no satisfactory outcome has been made. the cohesion and knowledge of the local people to

168 perform and protect their cultural heritage so that Disputes between sub-districts or provinces are these are respected by the state and outsiders. more complicated if the conflicting parties do not have close social relations. Local leaders tend to use Local Approaches with State Involve- their personal connections as a first attempt to find ment in Fisheries and Coastal Re- solutions. Formal ways of resolving disputes are less sources Management preferred by locals. Many rural communities in Thailand are highly self-reliant, both in economic The mobile characteristic of certain coastal and political terms. Legal actions against the local resources especially fisheries poses problems in people are usually brought by outsiders when they defining boundaries and rights of access. Most are involved in disputes over fishery and coastal coastal resources are shared by individuals, either resources. Formal laws and regulations are used only within a community or between different communi- when it is unavoidable. ties. The attempts of local people to draw resource use boundaries are limited by their capability to Belief systems also play some roles in natural control the resources. In these cases, disputes and resources management especially as it reflects to conflicts over resource use are inevitable both among social cooperation. The life of the local Thai people members of the same community and between is generally tied to a belief in the supernatural. This different communities. belief is rooted mainly in Buddhism and also to some extent Hinduism, as it was influential prior to When disputes occur between local communities, the arrival of Buddhism. Belief in the supernatural is social institutions play important roles in resolving an important factor behind many customary prac- the problems or requesting involvement by the state. tices. Some practices connected with these types of At the village level, two main institutions affects the belief are applicable for enhancing the protection of social behavior of village members: the formal village coastal resources from exploitation. These include and state influenced committee and the informal the releasing of marine life such as fish and turtles village council. The formal committee is led by an into natural habitats, ordination of trees, and sacred elected village headman and is composed of several sites. Social cooperation is an important aspect of elected members. The village council coexists as an Thai societies, particularly at the community level. informal institution that has a looser organizational The concept of social cooperation is found to apply structure. This village council is generally composed in various activities concerning community self- of a few village elders and other influential figures. reliance and collective actions to solve problems The village council does not have a fixed council facing natural resource management. leader as its leadership may change according to its concern. Case Study: Local Initiatives in Fisheries and Coastal Resource Management in In 1994, the parliament passed a new law Ban Laem Makham, Trang Province enabling the establishment of a new sub-district administrative organization. This is a formal inter- Ban Laem Makham is a fishing village in Khao village institution. It is tasked to deal with sub- Mai Kaew sub-district, Sikao District, Trang Province district development activities. This institution is (map in Figure 5.2). The local management initia- allowed by law to collect its own taxes within the sub- tives are being supported by a local non-government district. Along with this new decentralized sub- organization (the Yadfon Association) and local district administrative institution is an old bureau- government agencies. These initiatives are success- cratic sub-district council which is expected to fully managing fisheries and coastal resources. The dissolve in due time. This institution has the task of people in Ban Laem Makham faced several resources helping resolve disputes and conflicts. Dispute management problems as outlined below: resolution is mainly undertaken through meetings.

Intrusion of large, modern commercial trawlers and push netters whose interest is making profits, whereas small-scale fishers

169 aim for basic livelihoods; strategies. Exploitation of mangrove forests for commer- Step 5: The government is involved particularly cial charcoal production by large outside in dispute resolution by virtue of their concessionaires and by the local people; and authority through laws and regulations. Negligence of local government in protecting Step 6: Establishment of groups associated with the rights of the local people. occupational interests so that the bargain- ing power could be increased and It was the local people who initiated the project to solidified to counterbalance external protect and use their resources as they have the forces. In addition, the groups are able to customary ownership rights over these resources. set customary rules through meetings of members and other stakeholders involved It is an important factor that the local resource in a dispute. owners are able to identify and exercise their own Step 7: Awareness raising through popular media rights to use and protect the resources vital to their to share ideas with other communities, as livelihood. Another feature of their success is the well as open the idea to the public. capability of village leaders (both formal and infor- mal). These two characteristics can be made sustain- There are several key beliefs that are contributing able with the support of government agencies. In Ban factors in successful local management. Religion Laem Makham, the support of a non-governmental (Islam) is a major attribute creating a cohesive bond organization (Yadfon Association) and some con- among the Ban Laem Makham people. The religious cerned private enterprises are necessary. The strategy practices facilitate consultation via meetings and of the Ban Laem Makham community is to symbolize consensus on management strategies. The role of their unique resources (e.g., turtles) and promote their women may be passive in the meeting places but this protection through some powerful media (i.e., TV, role becomes dominant when such management newspaper, radio) so that the population is made affects households and children’s well-being. aware of their importance. The steps of success in Ban Laem Makham are as follows: In summary, the experiences from Ban Laem Makham show the efforts of the local people to Step 1: Local people face problems with resources protect their ownership rights to fisheries and coastal depletion due to aggressive exploitation resources. The strategies taken to implement local by outsiders. The local people asserted initiatives have been through a participatory ap- their rights of ownership over these proach involving many stakeholders. GOs and NGOs resources and the role of the state in have been active and supportive. They enhanced the protecting them. local people’s power to protect their resources for Step 2: Local leaders and people conducted present and future generations. The local communi- several informal meetings to plan strate- ties also employed their beliefs and social coopera- gies to protect their resources and exercise tion as tools to strengthen the power within the their use and ownership rights. The local community while the popular media was enlisted to leaders are farsighted, active and sincere. generate support from the public. The levels of Step 3: Involvement of government organizations integration of several well-defined resource issues and and non-government organizations is stakeholders appear to work. necessary. Local initiatives can be shared by both organizations but efficiency may Co-management Approaches for the be more with NGOs. Management of Fisheries and Resources Step 4: By trial and error, the local communities, Under the Present Decentralization through several formal and informal Process meetings, brainstorming and stakeholder participation, are able to identify unique, Co-management encourages involvement of all achievable and effective management six groups of stakeholders:

170 1. The state; been obtained prior to the operation of such project 2. The media; or activity, as provided by law. 3. NGOs; 4. The local community; The right of a person to sue a State agency, State 5. The private sector; and enterprise, local government organisation or other 6. Academe. State authority to perform the duties as provided by law under paragraph one and paragraph two shall In Thailand, local initiatives have been started be protected. mainly by the NGOs while the state, private sector and other stakeholders act as supporters in terms of Section 290. campaigns, personnel, facilities and funds. The strong point of the NGOs is that they are able to For the purpose of promoting and maintaining cooperate with other stakeholders, especially the the quality of the environment, a local government community and media. They are also independently organisation has powers and duties as provided by administered which allows for quick implementation. law. However, they do have weaknesses such as the lack of financial resources to support long-term projects, The law under paragraph one shall at least contain sensitive responses to criticism and limits to their the following matters as its substance: ability to ensure that other stakeholders cooperate. (1) the management, preservation and exploitation One of the purposes of co-management is to of the natural resources and environment in the coordinate all related parties to work together on an area of the locality; equal footing. The ultimate goal of this management (2) the participation in the preservation of natural approach is to harmoniously use and conserve resources and environment outside the area of precious coastal resources in such a way that they are the locality only in the case where the living of safeguarded for the present and future generations. the inhabitants in the area may be affected; The co-management approach is supported and (3) the participation in considering the initiation encouraged by the Constitution of Thailand through of any project or activity outside the area of the at least two provisions: locality which may affect the quality of the environment, health or sanitary conditions of Section 56. the inhabitant in the area (The Council of State of Thailand 2001). The right of a person to give to the State and communities participation in the preservation and In order to ensure the participation of local exploitation of natural resources and biological communities, as enshrined in the Constitution, diversity and in the protection, promotion and several strategies are in order. These are: preservation of the quality of the environment for usual and consistent survival in the environment Strategy One: which is not hazardous to his or her health and sanitary condition, welfare or quality of life, shall Encourage the adoption and use of local initia- be protected, as provided by law. tives by means of indigenous knowledge and social cooperation. Any project or activity which may seriously affect the quality of the environment shall not be permitted, Rationale: unless its impacts on the quality of the environment have been studied and evaluated and opinions of an Local initiatives based on indigenous knowledge independent organisation, consisting of and social cooperation are vital tools for the manage- representatives from private environmental ment of fisheries and coastal resources as these organisations and from higher education institutions indigenous practices and values have been developed providing studies in the environmental field, have and polished through time. They must be adapted to

171 fit with the rapidly changing ways of resource use. It Objective: has been widely accepted that local people are entitled to have access rights to use and manage their To share experiences learned from successful and resources with support from the state and civil society. unsuccessful projects. Several strategies to deal with the implementation of local initiatives should be Objective: discussed and revised to fit with the socioeconomic characteristics of the communities and adapted to the To identify several existing forms of local demands of a globalized market economy. initiatives; To document local initiatives in a practical Action: and adaptable form for implementation; and To exhibit local ways of managing their 1. Grassroots institutions provide opportunity for resources. local communities to meet through field visits, demonstration projects, agricultural exhibition Action: fairs; 2. Provide training and education for local people 1. Identify local initiatives through research con- to meet, discuss and adapt lessons learned from ducted by educational institutions, government different management initiatives; and and non-governmental organizations, (i.e. Yadfon 3. When local communities have sufficient cohesion Association, Andaman Project for Participatory with one another, with government agencies, with Restoration of Natural Resources), local and local administration organizations, with NGOs grassroots organizations (i.e., Provincial and sub- and with the private sector, encourage the district administration organizations) in coopera- establishment of a network involving a number of tion with the leaders and the community; local communities working with concerned 2. Identify leaders who can work together to up- institutions. grade the community’s well-being; 3. Identify a resource for management and conser- Strategy Three: vation; and 4. Demonstrate local initiatives leading to improved Disseminate information. economic well-being. Rationale: Strategy Two: There is a lot of information on fisheries and Establish a network to share experiences on coastal resource management collected by the govern- implementing local initiatives to manage fisheries ment and the private sector. This information is and coastal resources. useful for local communities to learn from and adapt to their situations. This knowledge can be a frame- Rationale: work for making decisions, to invest or start new local projects. In addition, local communities should also The successful application of local initiatives know the initiatives of the private sector. Local should be shared so that they can be applied in other communities need details of proposed development similar cases. The local community with support from projects in order to carry out actions to prevent or concerned institutions takes a dominant role in the mitigate possible negative impacts. establishment of a local network.

172 Objective: there are conventions and agreements created in the international arena that affect a countries’ behavior in To support local initiatives by giving local people using the world’s largest common property (interna- information on government policies, plans, laws and tional waters) and in solving possible maritime regulations. conflicts among neighboring countries.

Action: Types of International Involvement

1. Through local administrative organizations, local Thailand is committed to several international people are encouraged and given explicit rights agreements on the conservation and management of to access the requested information with full fisheries and coastal resources. The most important support from concerned institutions; development in the international scene affecting 2. The local people are to be trained to exercise Thailand’s marine fisheries is the proclamation of their rights in a proper manner; 200-mile EEZ by neighboring countries. There are 3. Using the information, the local leaders are able also some projects and joint ventures that have come to write local project proposals as well as manage into effect as a result of this proclamation. Other their own projects; and types of international involvement that directly or 4. Database systems should be made available for indirectly influence Thailand’s fisheries and coastal public access and they should be in both interac- resources management programs are also discussed tive and assisted systems. later in this section.

INTERNATIONAL INVOLVEMENT UNCLOS and the Coastal Zone

Thailand cannot manage its fisheries and coastal The advent of UNCLOS led Thailand to declare resources in isolation. In a global world, countries its EEZ and define its territorial waters. Under the interact on economic, financial, political, social and Convention, Thailand gained 60 percent more in environmental issues. The recent financial crisis, sovereign waters but lost about 300 000 square miles which hit most Asian countries, has shown the of high seas (international waters) to neighboring importance of international involvement. Through countries. Following the depletion of marine re- their international networks, countries in need of sources in the Gulf of Thailand and the enactment financial assistance were able to obtain grants from of the 200-mile EEZ, Thai fishing fleets were forced multilateral funding institutions such as the World to enter the waters of Malaysia, Myanmar, Indone- Bank and the International Monetary Fund (IMF). sia, India, Cambodia, Bangladesh and Australia. The extent of the impact depends to a large degree on the economic development and preparedness of a One of the implications of the 200-mile EEZ is country. In solving a country’s economic crisis or the continued struggle of Thai fishing boats to find other disputes such as genetic patents or intellectual more productive fishing grounds. A joint fishing property rights, all countries need to cooperate. venture arrangement with neighboring countries, ASEAN can perhaps act as an example of such where fishing grounds are still productive, is one of cooperation in the region. the solutions adopted. Occasionally, Thai fishing companies do not enter into joint-venture arrange- Fisheries and coastal resources management ments with other countries. Instead, they poach in schemes are part of the interwoven relationship other countries’ fishing grounds. There have been among countries, especially countries that share several incidents in the past of illegal entry by Thai common maritime borders. Thailand shares its trawlers in the no-fishing zones of Myanmar, Malay- borders with Cambodia, Indonesia, Malaysia and sia, Cambodia, and Vietnam. Many Thai fishing Myanmar. A policy to use the marine resources of boats and crewmen have been detained in these one country inevitably affects others. In addition, countries.

173 While neighboring countries have ratified the Joint Ventures UNCLOS, Thailand is still reluctant. Despite this, Thailand is negotiating joint-venture arrangements Thai-Myanmar joint fishing ventures began and bilateral or multilateral cooperation schemes in almost a quarter century before the establishment of areas including financial support; fishing technolo- the EEZ. According to the Fisheries Department, gies; fish handling and storage facilities; public and Myanmar granted a fishing concession to Thai private investment cooperation; training in terms of companies in 1975 and this ended five years later as technology, partner countries’ cultural and legal both parties had insufficient experiences for such an system knowledge and registration of Thai crewmen operation. In 1989, Myanmar authorities granted a for legal protection of their rights. fishing concession to Thailand once again, and by 1990, the Thai Fisheries Department had set up the Thailand has other obligations under a number Thai-Burma Fisheries Co. Ltd. Fifty percent of the of conventions on fisheries, biodiversity and pollu- total shares were owned by the company, 22.5% by tion. These obligations have existed for some time businessmen and 22.5% by industrialists. Eventually, now. They include: fishing by the Thai private sector in Myanmar ended in 1993. Convention on Wetlands (Ramsar, Iran 1971); In 1995, Myanmar again granted fishing conces- The Convention on Biological Diversity; sions to Thai fishers, this time in the form of joint The Convention of the World Meteorologi- investments. Each Thai company had to invest in cal Organization; supplementary fishery-related businesses in at least The United Nations Framework Convention three out of five alternatives: ice making, fish meal on Climate Change; production, cold storage, fish canning or shrimp The Convention on the Protection of World farming. Unfortunately, six Myanmar crewmen were Culture and Natural Heritage; and killed by Thai crewmen on board a Thai fishing The International Convention for the trawler. This incident prompted Myanmar authorities Prevention of Pollution from Ships to cancel the fishing concessions. It is estimated that (MARPOL 73/78). 500 Thai trawlers are illegally fishing in Myanmar waters, supposedly with unofficial passes from local In addition, there are other recent international Myanmar officers or minorities who oppose the initiatives which establish a legally non-binding regime. principle for the protection and sustainable use of marine resources. The Global Programme of Action In January 1998, the Thai Minister of Agricul- for the Protection of the Marine Environment from ture and Agricultural Cooperatives and the Army Land-based Activities and the UNCED Agenda 21 Commander-in-Chief discussed fishery ventures in are two important ones. Thailand is also involved in Myanmar and other issues involving Thai fishers a number of regional initiatives and programs on detained by Myanmar authorities. Thailand re- coastal and marine issues in cooperation with quested that Thai fishers caught poaching be treated ASEAN members such as: in a humane and friendly manner. After a meeting and a visit of the Thai Army Commander-in-Chief, 1. ASEAN Cooperation Project under Environ- 98 out of more than 100 Thai prisoners were re- mental Programme; and leased. 2. United Nations Environmental Programme - Regional Seas Programme; and The problems with the fishing ventures in 3. Asia Pacific Economic Cooperation (APEC) Myanmar were largely due to Thai fishers working in Marine Resources Conservation Working no fishing zones, breaking promises and contracts, Group. using radio communication gear without permission, and committing violence against Myanmar crewmen. According to a Thai businessman, some countries

174 have a different way of handling the business. Thai in modern fishing vessels and a limited capability for fishing crews are confused by various regulations in deep-sea fishing appear to be the major constraints Myanmar. Some have been charged for violating for Thai fishers to venture into international waters. Myanmar laws while others have been stopped and The Thai government and the private sector in their fishing boats and gear confiscated. Phuket have cooperated to develop the deep-sea fisheries in 900 East Ridge by establishing commer- Some joint-venture deals with Malaysia have cial cooperatives, conducting research, training and suffered a similar fate. Deals were ceased, negotiated conferences to help interested investors. and restarted and so on. However, private sector stakeholders of the two countries have created Regional and International Tourism different kinds of fishing deals such as special permits for Thai-Malaysian registered fishing boats to Thailand receives significant foreign exchange fish in Thai waters off the coast of Satun Province. In annually through regional and international tourism. addition, many small-scale Thai fishing boats prefer Thailand has gained a good tourism reputation to sell their catches to Malaysian markets in Perlis or throughout the world due to its unique culture, well Langkawi as they offer better prices. Many of them developed tourism facilities and beautiful natural offered contractual support. This type of bilateral resources. However, an important issue that needs to agreement has been carried out quite a long time with be considered is at what costs Thailand has incurred minimal interference from institutions from the Thai to achieve this reputation. side. The coastal ecosystem has been depleted to The most successful joint-venture fishery serve the demands of the tourism industry. There is arrangement may be the one with Bangladesh. evidence of stained beaches, unplanned hotel and Nevertheless, there have been reported violations, resort construction, coral reef destruction, pollution arrests of Thai crewmen and other problems but they and loss of culture and local traditions. These costs have been peacefully resolved through the full should be included in national accounting to reflect cooperation of the two countries. The major factors the negative impacts of tourism. The Visit Thailand contributing to the success of these joint-venture Year and the recent Amazing Thailand campaigns arrangements are promises, respect of cultural may be contributing to these undesirable conse- differences and strict implementation of agreed quences of tourism. rules. Thailand’s current policy on tourism focuses on Deep-Sea Fisheries sustainability such as eco-tourism, nature and cultural tourism. However, there has not been a real From November 1989 to January 1990, the or extensive practical application of these tourism Chulabhorn research vessel conducted a joint marine concepts possibly because these forms of tourism, survey with Myanmar in the Andaman Sea off the considered simple and self-sufficient, are contrary to western coast of Thailand. The scientists concluded the large capital investments of conventional tourism. that a sustainable rate of catch in Myanmar waters A recent discussion facilitated by the National would be between 1.39 million and 1.75 million tons Economic and Social Development Board discussed per year. The survey also found that the catch would the development of Phuket as an international city. include 0.9 million tons of high value shrimp. This so-called international city will inevitably Attention has been given to deep-sea fisheries for involve a large investment to cater to all sorts of tuna species in international waters. Several infra- tourist. With Phuket planning for such a large-scale structure facilities have been built such as ports, cold project, the neighboring provinces of Phangnga, storage, transportation systems and air cargo facilities Krabi, Trang and Ranong will also be developed to to serve the Japanese tuna market. High investments serve tourism and affiliated industries.

175 Indonesia-Malaysia-Thailand Growth developments in Tarutao. The building of a new road Triangle (IMT-GT) Development linking Satun and Bukit Puteh in Kuala Perlis, Project Malaysia would be the latest gateway to Tarutao and Langkawi. The Satun Provincial Governor has also Due to stiff global economic competition and expressed his eagerness to develop Satun and its increasing trade protectionism, three of the ten tourist attractions (Tarutao, Adang, Rawi and Lepe member countries of ASEAN have proposed special islands, and other nearby islands and national parks) cooperation areas encompassing Northern Sumatra aiming for an estimated income of 50 million baht province of Indonesia, the four northwestern states of per month during the Amazing Thailand years Malaysia (Perak, Penang, Kedah and Perlis) and five (1998-1999). The development needed for these provinces of Southern Thailand (Narathiwas, Pattani, tourist destinations is mainly infrastructure develop- Yala, Songkhla and Satun). ment (i.e., port development and road construction). The province, with support of 40 million baht from Located between Sumatra and Langkawi in the Tourism Authority of Thailand (TAT), will Malaysia, TMNP is likely to become a regional develop a road linking Pantai Melaka to Taloh Wow strategic area for an IMT-GT development project, Bay on the Tarutao Island, a distance of 12 km. It is especially in the tourism aspects of economic coopera- expected to be completed by the end of 1998. For tion. The project also intends to confer preferential long-term tourism development, the province is domestic status on any investors from the member expected to obtain some 400 million baht from TAT, countries seeking to invest anywhere in the Triangle. Royal Forestry Department and Southern Border The most important forces, which will influence the Province Administrative Center (Sor-Or-Bor-Tor) for realization of a regional economic cooperation within the period of four years until the year 2001. the IMT-GT, are a shared common race, religion and culture. Joint Development Area (JDA)

The objectives of the IMT-GT development There are some concerns about the oil and gas projects are to increase trilateral trade cooperation joint exploration project in Thailand-Malaysia JDA. and minimize trade barriers such as tariffs, taxes, and The agreement was reached between the two coun- trade regulations. It also emphasizes investment tries’ Prime Ministers in May 1998. On the Thai side, promotion, human resource development, technology environmental impact assessments of pipeline routes transfer and relaxation of labor migration among the are underway. It is expected there will be disputes member countries. In terms of agriculture and over benefits. However, the project will be go ahead fisheries, it promotes joint fishery ventures, agricul- and problems will be solved as various sectors realize ture production and agro-industrial development. the importance of oil and gas development for the Regarding tourism, the joint investment on communi- progress of the Southern Seaboard Program. cation and transportation networks on land, water and air will connect tourist destinations. Another impor- On the upper Gulf of Thailand, there is also a tant aspect is the joint protection and management of Thailand-Cambodia JDA for oil and gas exploration. the environment, especially in the Straits of Malacca The oil and gas will primarily serve the Eastern where Tarutao, Langkawi and Northern Sumatra are Seaboard Program. There has been a proposal to located. explore oil and gas deposits in the Andaman Sea within Thai waters. It is reported that the exploration Recently, Malaysia proposed a custom office in and development of any oil and gas network would Tarutao so that tourists from Malaysia’s Langkawi need minimally affect fisheries and coastal resources. not undergo customs processing in the mainland of However, when the proposal is implemented some Satun. Tourists need to travel only 4.5 km from negative consequences may occur. At this stage, a Langkawi directly to Tarutao instead of some 25 km to majority of the fishers and the public has a positive Satun and then 22 km to Tarutao. The Langkawi reaction to this development as they expect to share Development Authority (LADA) realized that the benefits. Langkawi is ideally located to take advantage of future

176 World Trade Organization (WTO) and Some advanced tourist destinations such as Trade Restrictions Pattaya and Phuket require comprehensive development plans to deal with increasing There are several forms of trade restrictions environmental problems. imposed by developed nations. For example, Thai Deep sea fisheries are to be promoted to prawn exports have been restricted by the United encourage Thai fishing vessels to fish in States for environmental reasons. Quotas and a international waters as fish stocks in General System of Preferences (GSP) on Thai export nearshore areas are already depleted beyond products have been considered (and reconsidered) maximum sustainable yield. for lifting. Many times, trade restrictions are imposed Infrastructures for a deep-sea fishery have based on claims to protect the global environment. been developed. These trade restrictions are a barrier to entry thus There are internal and external forces discouraging free trade. This type of restriction raises affecting fisheries and coastal resources the cost of Thai export products which consequently management policies and plans. In addition, has an enormous effect on attempts to extract more of local plans are increasingly accepted. the existing resources. Fisheries and coastal resources With local domestic and regional self- are unavoidably being subjected to further exploita- sufficiency, new concepts of economic tion. development have become a popular approach to solve the current financial and The WTO plays a major role in free trade policy. economic crisis. Thailand has attempted to find a solution to the Integrated fisheries and coastal resources Thai prawn trade with the United States but long management should be promoted. court processes and indecisive judgments are discouraging. Case Study: International Involvement in Fisheries and Coastal Resources Manage- There are many international regimes that ment in Tarutao Marine National directly or indirectly affect fisheries and coastal Park, Satun Province resources management in Thailand. In summary, some important issues relevant to international TMNP has a water area of 1 264 km2 and is regimes are: located in the Andaman Sea off the southwest coast of Satun Province (map Figure 5.2). The park is International regimes forces Thailand to administered by the Royal Forestry Department in limit its capability to independently manage Bangkok. The department is the sole proprietor of its fisheries and coastal resources. the park and has full authority to manage the park Use of fisheries and coastal resources is in such a way that it fulfills the Department’s intensified due to a rush to extract these objectives. Apart from the Royal Forestry Depart- resources to fulfill requirements imposed by ment offices and stations on Tarutao and Adang international organizations and interna- Islands, the TMNP is occupied by local indigenous tional markets. people, Chao Ley or Sea Gypsies, on Lepe and Regionalization will be further developed to Adang islands. The livelihood of the Chao Ley counterbalance international interventions depends largely on the marine resources of the in the region especially in terms of eco- TMNP and their contracts with middlemen from nomic and legal cooperation. Satun and Perlis. Cooperation is sought by neighboring countries requesting a share of Thailand’s Suggested steps for successful management of the fisheries and coastal resources such as the TMNP are: National Marine Park needs to relax its rules to facilitate private investments (both Step 1: Identification of existing TMNP re- domestic and foreign) for regional and sources and stakeholders using both international tourists. ground survey and remote sensing. It is

177 important to identify all related parties TMNP. Fish caught is sold mainly in Phuket or and their existing problems. Malaysian markets. However, fish caught by small- Step 2: Through the Royal Forestry Department scale fishers, or the Chao Ley, is sold mainly in and Provincial and Sub-district Admin- Perlis market as they have special contracts. As istration Organizations, the information discussed, there is evidence that TMNP is being and problems obtained in Step 1 are increasingly subjected to overexploitation, despite circulated. The LFA can be used to its legal status as a national park. Despite many organize the meeting. legal barriers, illegal fishing is still rampant. Step 3: The private sector, in cooperation with Langkawi Development Authority and Strategy One: Perlis government, is encouraged to form joint development projects. Collect and compile all existing information Similar moves have been made in from several ongoing projects and international Northern Sumatra, Indonesia. cooperation. Step 4: Multilateral cooperation among Thai- land-Malaysia-Indonesia and the Rationale: private sector from these countries is initiated under the umbrella of the The status of resources, their stakeholders and IMT-Growth Triangle Development ongoing resource use are important if the policies Project. and plans are to be implemented in the TMNP. Step 5: On the Thai side, preparation of There are many legal and illegal activities happen- infrastructure, personnel and budget is ing, therefore a clear understanding of the re- initiated in a transparent and participa- sources is crucial. The stakeholders include all local tory process. Special attention should and domestic individuals or groups and also those be made for the involvement of the from neighboring countries. indigenous Chao Ley people. Objective: Management Approach for Tarutao Marine National Park To understand the resource status of the TMNP, its stakeholders and ongoing resource use. A primary consideration of the synthesis made here is not to suggest dramatic changes to the Action: current management schemes of the Royal Forestry Department. The TMNP is under pressure from 1. Use ground survey, GIS and remote sensing national, regional, local and international stake- techniques to identify resources status, TMNP holders. The TMNP may be considered as the last stakeholders and resource use activities; and resource rich area in the west coast of Thailand. 2. Compile information about physical, socioeco- Based on the problem tree (Figure 5.6) developed nomic and cultural inheritance of the joint from the workshop with TMNP stakeholders, several counterparts. strategies are attempted in this research to suggest a sustainable method of fishery and coastal resources Strategy Two: management with international involvement. The TMNP is situated near the island of Langkawi in Strengthen the local administration to be able Malaysia. There has been an attempt by the Malay- to work with central line agencies in Thailand and sian authorities to establish an immigration and the Malaysian local government. custom checkpoint in Tarutao. The request is pending as the TMNP development is not focused Rationale: on tourism, especially international tourism. Capture fisheries in TMNP is illegal under fishery Thailand is going through a decentralization and forestry legislations. Thai-Malaysian registered process. The local administrative organizations are fishing boats fish mainly in the Thai waters of the to handle all the administration and resource

178 Figure 5.6 Problem Tree of the TMNP’ s Fisheries and Coastal Management.

179 management concerns. The ability of these organiza- TOWARDS BETTER MANAGEMENT OF tions to deal with a highly competitive world is FISHERIES AND COASTAL RESOURCES crucial. Although the fisheries and coastal resources in Objective: Thailand have been heavily exploited by domestic and international stakeholders, their condition can To manage negotiations and monitor business be improved through better management programs. deals with other organizations both inside and Under the New Constitution of the Kingdom of outside Thailand. Thailand, management policies and plans are going to work through a more decentralized structure. The Action: Constitution guarantees resource use rights for those who are directly using the resources. Capacity 1. Conduct a preliminary study on training needs of building of the local administrative organizations the local administrative organizations; and and the local people is an important step in manage- 2. Through training, coordinate officials from the ment initiatives. concerned institutions, especially those from the Royal Forestry Department, to jointly develop In Thailand, there are different levels of na- good working cooperation. tional, regional and local administration. Conven- tional policy formulation and planning processes are Strategy Three: handed down from the national level to be imple- mented at the regional and local levels. This has Design a joint development plan for the short, gradually changed since 1994 when decentralization medium and long terms. began. At present, the policy formulation and planning process still take both forms. However, the Rationale: level of compromise is still uncertain. As shown in Figure 5.7, this process of formulation and planning The TMNP will have to be developed to cater consists of three cycles. The smallest element in the for the needs of its various stakeholders. The most cycle are management issues composed of strategies important consideration will be the development with identified issues, stakeholders, objectives and direction and benefits distribution. Appropriate and actions. well-accepted joint development plans are needed. Figure 5.8 shows detailed examples of policies Objective: and plans of fisheries and coastal resource manage- ment at the local level. The figure depicts how the To use public participation to design joint strategies formulated using several case studies can be development plans for various timeframes. related in the framework of administration. It is important to note, however, that this recommenda- Action: tion is based on selected case studies only.

1. Through existing agreements (i.e., IMT-GT, JDA, joint-venture deals and others), draft a joint development plan within the framework; 2. Establish a committee to deal with the joint development plan and possible conflicts; and 3. Member parties sign a memorandum on agree- ments and implementation of the joint develop- ment plan.

180 Figure 5.7 Diagram of Interwoven Cyclical Relationships of Policies and Plans Concerning Fisheries and Coastal Resources Management at Three Levels of Administration (1998).

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181 Figure 5.8 Detailed Diagram of Policies and Plans on Fisheries and Coastal Resources at the Local Level (1998).

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