Executive Summary Marine Protected Area Database of

1. Introduction

Thailand’s marine and coastal resources are abundant and beautiful. The resources play the important roles in Thailand’s tourism industry, fisheries and other relevant activities that can make more national income. However, these resources have been deteriorated by overusing and lacking of effective planning and management.

Department of Coastal and Marine Resources (DMCR) is an important government agency for managing marine and coastal resources. Thus, it is necessary to collect, study legislations and other mitigations related to marine protected ares of Thailand for building the management of information system that able to integrate the information for appropriate management, study the strength and weakness of law enforcement effectiveness of the marine protected area and the gaps particularly affecting in socio- conomic and opportunity in area development to recommend the sustainment management of marine and coastal resources for Thailand in the future.

DMCR has employed the consulting firm, TESCO Co, Ltd, to conduct this project, Contract No. Sor Tor Chor.8/2554 dated on May 3rd, B.E. 2554. The scopes of study are to gather information of marine and coastal resources and detailed study in the demonstration sites to draft the notification/regulation of the marine and coastal protected area, and to develop the management information system for marine protected area. Objectives of the project are: 1. To provide the qualitative and quantitative information of coastal and marine resources status included fertility and deterioration 2. To provide information of socioeconomic and geo-social and weakness of being the representative of ecosystem protection and management of marine protected area 3. To recommend the guideline and process for preparation draft ministerial notifications /regulations including map for marine protected area of the demonstration sites 4. To provide database system of marine protected area for relevant agencies and others using network system

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2. Summary of Marine and Coastal Resources Study

2.1 Coastal Feature of Thailand

Coastal area of Thailand composes of land and marine parts. Land part is boundary of Tambon area located close to the sea and the area covering with mangroves including the area which is the coastal area management of DMCR. Marine part includes internal waters, territorial sea, continuous zone, exclusive economic zones and Malaysia-Thailand joint development. As mentioned, Thailand has a total coastal area of 350,682.86 square kilometers: 35,834.80 km2 for land area and 314,845.21 km2 for marine area. The total coastline of Thailand is 3,148.23 kilometers with 2055.18 kilometers along the Gulf of Thailand covering 17 provinces and 1093.04 kilometers along the covering 6 provinces.

Coastal area has been eroded along the eastern and western parts of the Gulf of Thailand at the tidal flood and mangrove areas. The severely erosion rate, more than 5 meters per year, is found at 12 provinces, Chanthaburi, Rayong, Chachoengsao, Samut Prakarn, Bangkok, Pethchaburi, Prachuab Khiri Khan, Surat Thani, Nakhon Si Thammarat, Songkhla, Pattani and Narathiwat with 180.9 kilometers long or 10.9% of total coastline length. In addition, the medium erosion rate, 1.0-5.0 meters per year, is found at 14 provinces, Trat, Chanthaburi, Rayong, Samut Sakhon, Samut Songkhram, Petchaburi, Prachuab Khiri Khan, Chumporn, Surat Thani Nakhon Si Thammarat, Songkhla, Pattani and Narathiwat with 305.1 kilometers long or 18.4% of total coastline length. The coastal area around the upper part of the Gulf of Thailand from Bangpakong River Mouth, Chachoengsao Province till Tha Chin River Mouth, Samut Sakhon Province are the sensitive area for erosion which some area has a severely erosion, more than 25 meters per year. Coastal erosion of the Andaman Sea occur less than the Gulf of Thailand that have a severely erosion rate at 5 provinces, Ranong, Phuket, Krabi, Trang and Satun with 90.5 kilometers long or 9.5% of total coastline length. Erosion mostly occurs at the sandy beach.

Changing in coastal morphology is from both natural process and anthropogenic that not only causes coastal erosion in some area but also sedimentation. It is found the sedimentation in the Gulf of Thailand with 127.3 kilometers or 7.49% of total coastline length and 35 kilometers or 3.7% of total coastline length in the Andaman Sea. Sedimentation will affect the navigation if it occurs in the channel.

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Land use of 24 provinces along the coastal area is mostly used for perennial plant 21.14% followed by rice field, 12.27% and evergreen forest, 11.32% of the total study area. In addition, there are some field crop, aquaculture pond, mangrove, swamp residential area and buildings (Table 2.1-1 and Figure 2.1-1).

2.2 Marine and Coastal Resources

Marine and coastal resources of Thailand enrich of many marine ecosystems including mangroves, coral reefs, seagrass beds, sandy beach, muddy shore and rocky shore. Mangroves, coral reefs and seagrass beds are the most important ecosystems in the coastal area, they provide foods and shelters for many marine organisms as feeding ground or nursery ground particularly for the economic important species. These three ecosystems are found along the Gulf of Thailand and the Andaman Sea, particularly in Phangnga, Krabi, Trang and Satun provinces (Table 2.2-1).

Due to the marine protected areas compose of both land and sea which some area would have varieties of natural resources. Reporting the status of natural resources will focus on the most important coastal ecosystems that are mangroves, coral reefs, seagrass beds and marine faunas including the coastal water quality in some areas. Some marine protected area abundant and unique, as such it could be announced as protected area more than 1 type such as national and international protected area. Therefore, reporting the status of natural resources of the protected area will not cover the overlapped area among them (more than 1 types of announced protected area). Marine protected areas of Thailand compose of 26 marine nation parks, 9 non hunting area, 6 environment protected area, 9 Ramsar sites and 1 biosphere. Size of the most important coastal ecosystems located in the marine protected areas was detaied in Table 2.2-2.

2.3 Marine Endangered Species Marine Turtles

Total of 8 species of marine turtles exist worldwide, Leatherback turtle (Dermochelys coriacea), Green turtle (Chelonia mydas), Flatback turtle (Chelonia depressa), Hawksbill turtle (Erethmochelys imbricata), Loggerhead turtle (Caretta caretta), Olive Ridley turtle (Lepidochelys olivacea), Atlantic Ridley turtle (Lepidochelys kempii) and Pacific Green turtle (Chelonia agassizii). There are 5 species found in Thailand, Leatherback turtle, Green turtle, Hawksbill turtle, Loggerhead turtle and Olive Ridley turtle. Particularly, the Loggerhead turtle have never found its nesting since 20 years ago but it is found living in Thai waters at Ko Man, Rayong province and Ko Maew, Songkhla Province. (Department

3 Executive Summary Marine Protected Area Database of Thailand of Marine and Coastal Resources, B.E. 2554). DMCR reported that Green turtle was frequently found along the Gulf of Thailand and the Andaman Sea during B.E. 2552-2554, while the Leatherback turtle and Olive Ridley turtle are found in the Andaman Sea and Hawksbill turtle is found in the Gulf of Thailand only.

Marine Turtles of the Andaman Sea During B.E. 2513-2515, Olive Ridley turtle and Leatherback turtle laid eggs on Haad Thai Mueang, Phangnga Province more than 400 nests per year but the number of nests was extremely decreased, 20-40 nests during B.E. 2533-2535. From the aerial survey of Adulyanukosol et al. (B.E. 2540) at 8 sites of the Andaman Sea (Phangna, Trang and Krabi Provinces), Green turtles are found at Ban Thalane, Kraibi Province and Ko Sarai, Satun Province while only one Hawksbill turtle is found at Ban Thalane. DMCR reported that 120 fertile adult turtles were found in B.E. 2550 at their nesting areas, Ko Similan, Ko Surin, Haad Thai Mueang, Phangnga Province and around Ko Phuket. The most dominant species is Green turtle as same as the Gulf of Thailand and the others are Leatherback and Olive Ridley turtles while the Hawksbill turtle was not found. Recently, DMCR has studied the turtle population calculated from the number of nests, their nests decreased from 115 in B.E. 2552 to 101 in B.E. 2553, suggesting the declining trend of turtle population

Marine Turtles of the Gulf of Thailand DMCR (B.E. 2550.) found 400 fertile adult turtles around their nesting area, Ko Khram, Chonburi Province and the most dominant is Green turtle as same as the Andaman Sea following by Hawksbill turtle which this species was not found at the Andaman Sea in B.E. 2552-2553. In addition, the Leatherback and Olive Ridley turtles have never been found in the Gulf of Thailand. The survey of DMCR (B.E. 2552) at Ko Khram, Chonburi Province found 550 female Green and Hawksbill turtles approximately and some of them repeated laying eggs at the same place for 5 times within 10-12 days. In B.E. 2552, a total of 387 nests were found which this year also found the additional nesting areas at Prachuab Khiri Khan, Chumporn and Surat Thani Provinces In B.E. 2553, Green and Hawksbill turtles laid their eggs at some beaches of Chonburi Province included Na Chomtien, Banglamung, Ko Khram, Ban Sarei and Samaesarn, particularly, only 10 nests of were found at Ko Khram (DMCR, B.E. 2553).

DMCR (B.E. 2552) studied the causes of turtle mortality and found that 96 and 57 turtles aground dead at the Andaman Sea and the Gulf of Thailand, respectively. Human is also the important threat to the turtle population such as some fishing-nets and garbage (plastic bags and Styrofoam food box) which will danger when they have eaten. As of now, there is several government agencies, Royal Thai Navy and DMCR recognize to

4 Executive Summary Marine Protected Area Database of Thailand conserve the marine turtles for the future. They hatch and take care of turtles, and set them free to the nature such as Haad Thai Mueang, Phangnga Province, Ko Sarai, Satun Province, Ko Chang, Trat Province, Aow Khung Kraben, Chanthaburi Province and Ko Mun, Rayong Province, in order to increase the turtle population in the Thai waters.

Dugongs There is only one species of Dugongs (Dugong dugon) found in Thai waters. Dugongs distribute along the Gulf of Thailand (Trat, Chantaburi, Rayong, Chonburi, Prachuab Khiri Khan, Chumporn, Surat Thani, Nakhon Si Thammarat, Sonkhla, till Pattani or Narathiwat Provinces) and the Andaman Sea (Ranong, Phangnga, Phuket, Krabi, Trang and Satun Province) and mostle found at Ko Libong and Ko Muk, . Amount of dugong population in Thailand has decreased due to its long life cycle and increasing population rate is low, 5% per year only, (in the optimum environment and enrichment of foods). Thailand’s dugong is now under threats from accidentally fishery such as gillnet and trawler resulting in decreasing of dugong population rapidly. In addition, the dugongs are also aground dead. In B.E. 2552, 12 and 2 dugongs were found aground dead in the Andaman Sea and Gulf of Thailand, respectively (DMCR, B.E. 2553 ).

Andaman Sea The aerial survey technique was use to survey the dugong firstly at Trang Province by Suwan et al (B.E. 2536) followed by Adulyanukosol et al (B.E. 2540 and B.E. 2542) and Hines and Adulyanukosol (2001) that estimated the dugong population of Trang province in B.E. 2544 was 123 dugongs while the small groups, 1-18 dugong, were found at Ranong to Satun Provinces. In B.E. 2552, DMCR estimated the population of marine endangered species, which 200 dugongs were found. Phuket Marine Biological Center (PMBC) surveyed and monitored the population of dugong in B.E. 2553, the most abundant dugongs were found at Ko Libong and Ko Muk, 42-129 dugongs.

Gulf of Thailand There are evidences that dugongs are found at the east of the Gulf of Thailand from Chonburi, Rayong, Chanthaburi and Trat Province, and the west of the Gulf of Thailand, Chumporn, Surat Thani, Nakhon Si Thammarat and Pattani Provinces. DMCR collected the data of the dugongs during B.E. 2522-2546 and found the dead dugong remains caused by gillnet at all provinces and mostly found at Rayong Province (16%) and followed by Trat Province (9%). In January, B.E 2546-2547, the dugongs were found at Aow Makham Pom, Rayong Province and Ban Sapan Hin-Ban Mai Rood, Trat Province. DMCR estimated population of marine endangered species, only 35 dugongs were found. 20 dugongs were found at the east of the Gulf of Thailand, 10 dugongs were found at

5 Executive Summary Marine Protected Area Database of Thailand the central of the Gulf of Thailand and 5 dugongs were found at the lower part of the Gulf of Thailand. Recently, PMBC has found the dugong at Aow Makham Pom, Rayong Province in B.E 2553.

Dolphins and Whales The number of dolphins and whales are decreasing from the past resulting from hunting for consumption and other product processing. As of now these marine mammals are interested globally and assigned as protected animal registered in Convention International Trade Endangered Species (CITES). Thailand is also the member of this convention. However, there are poor information of dolphins and whales in Thailand because dolphins and whales are the migratory species and have a vast feeding area which it is difficult to monitor their life and have to track continuously. In addition, the highly catches in fishery industries are being criticized as the main cause of impact of marine animal population that would affect an international trading. It is necessary to study the marine mammals seriously in order to get the completely and precisely information for analysis of problem and impact of fisheries or other industries. A total of 25 species dolphins and whales belonging to 6 families are found in Thailand. Previously, 23 species were reported which the other 2 species are new records in Thailand, Omura whale and Humpback Whale (DMCR, B.E. 2552).

Andaman Sea A total of 22 species from 25 species are found along the Andaman Sea. Aduyanukosol (B.E.2540) conducted the aerial survey and found Irrawaddy Dolphin at Ko Sarai and Bottlenose Dolphin at Ko Muk, Satun Province. In B.E. 2552, DMCR found 308 dolphins and whales in the Andaman Sea and the most dominant are Bottlenose, Indo- Pacific hump-backed, Rough-toothed, Spinner and Spotted Dolphins. In B.E. 2553, population of dolphins and whales were not quite change, but at Trang Province, population was decreased due to they were caught for aquarium show (Dolphin Zoo). There were 252 dolphins and whales and the most dominant were Spinner, Rough-toothed, Spotted, Indo-Pacific hump-backed Dolphins and Finless Porpoise.

Gulf of Thailand A total of 19 species from 25 species are found. DMCR (B.E. 2552) reported that were mostly found at lower Gulf of the Thailand from Nakhon Si Thammarat to Narathiwat Provinces, 146 dolphins and whales and the most dominant were Indo-Pacific hump-backed Dolphin and Irrawaddy Dolphin. The following was central Gulf of Thailand from Prachuab Khiri Khan to Surat Thani Provinces that 140 dolphins and whales were found with the

6 Executive Summary Marine Protected Area Database of Thailand dominant were Indo-Pacific hump-backed Dolphin and Finless Porpoise. 135 dolphins and whales were found at the upper Gulf of Thailand from Petchaburi to Samut Prakarn Provinces, and mostly were Irrawaddy dolphin and Finless Porpoise. The lowest number, 100 dolphins and whales, was at the east of the Gulf of Thailand from Chonburi to Trat Provinces and mostly was Irrawaddy dolphin. In B.E. 2553, DMCR surveyed the distribution of dolphins along the upper gulf and found about 100 Irrawaddy Dolphins at Bangpakong River Mouth, Chachoengsao Province, Tha Chin River Mouth, Samut Sakhon Province, Mae Klong River Mouth, Samut Songkhram Province and Bang Taboon River Mouth, Petchaburi Province. 1-2 Indo-Pacific hump-backed Dolphins were also found with the school of Irrawaddy Dolphins and Finless Porpoise. Lakana et al (มปป.) reported that 4 dolphins and whales died aground in B.E. 2553 (2 Bryde’s Whales and 2 Risso’s dolphins) and found 3 dead remains of dolphins and whales that were False Killer whale, Bryde’s Whale and Bottlenose Dolphin.

3. Building Geographic Information System (GIS) of the Marine Protected Area

Building GIS of the marine protected area and other relevant information cover Thai waters and coastal areas composes of Tambon boundary that close to the marine and cover with mangrove declared by cabinet’s resolution which has validate on UTM grid base on WGS 1984 international standard and presently. Several relevant agencies have studied the information of coastal marine resources and marine protected areas and kept in various form such as statistical data, reports maps and other database. In order to collect all information as mentioned, to be as data base system for maximum uses of public and relevant agencies, GIS is the appropriate for information management.

Concept of building GIS of this project is to provide the completed and précised information both of number of data layers and attribute data of each layer for getting the spatial data appropriately.

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3.1 Data Layers

Data layers of this project are 43 layers which are useful for applying and supporting effectively management of natural resources and environment in the marine protected areas. Data layers will be divided into 3 groups based on their characteristic and suitable for application.

Basic Data There are 10 data layers including boundary of the Thailand territory, Tambon, Amphoe, etc. Name, type, characteristic and sources of data Marine Protected Area Data Layer There are 12 data layers which are within the scope of marine protected area according to the Thailand’s law. Name, type and characteristic and sources of data

Marine Natural Resources and Other Relevant Data Layer There are 21 data layers such as coastal morphology, marine endangered species habitat, Koh, etc. Name, type, characteristic and sources of data

3.2 Developing Technique Procedure

Linking the database system for Minnesota MapServer software must use PostGIS software set which PostGIS will support and allow the Minnesota MapServer enable to link with the database PostgreSQL server. PostgreSQL is an object Relational Database Management System (RDBMS) that able to connect through network protocol. Reading- writing, updating and retrieval will be the transaction characteristic making high efficiency in data storage and management such as updating data on the same layer from several users simultaneously. Linking Minnesota MapServer can configure the data layers storage in PostgreSQL as same as the data in the server. While the geographic information storage in PostgreSQL and PostGIS will have the utility to read the shapefile and then create table, arrange the relation among the tables and import data into the table using the command in SQL. PostGIS use the standard of OpenGIS Consortium, namely Simple Feature Specification for SQL which is the standard to define the table and its relation. The procedure of building GIS of resources of marine protected area is showed in Figure 3-1. Map presenting in this system will choose the platform of Microsoft, Microsoft Silverlight which is the Rich Inter Application (RIA).

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Internet database system is an applying capability of data transmission technology together with map data layer. User will work at the client and send the command to the server then will process the data and send the output back to the client. User will able to use web application through web browser such as Internet Explorer.

Ability of database system using internet and web application on the client in the is the former technique. Application development, client-server, will use a small web browser to transmit data from client to server which has more efficiency. Client is just display the result in the HTML or XML. If the website has more functions and larger size, interactive with the user will run through the server. Web browser must be overloaded that not only just data processing and transmission but looks attractively also, resulting in slowly interactive with the user. Therefore, new technology is developed to solve this problem, namely, Rich Internet Application (RIA), to make the website function performance the same as user is working on the program installing on computer. RIA will help resource utilization effectively and increasing potential of network system by decreasing transmission rate and request-response between client and server. Therefore, development of application program using Microsoft Silverlight which support program to search the website is modified to use with tool box of Microsoft visual studio and also support some dot net framework that able to use for developing web program similar to the program used on computer (RIA) or general business program (Line of business Application).

In addition, the most important for mapping system is base map such as information from satellite and aerial photographs that able to use as spatial reference but it is highly cost. If the government agency needs to provide specific information for public and their affiliated, they can use the map provided on the internet which has no any cost and will save their budget. The providers will update their satellite map by themselves. • Bing Maps, base map is the satellite photograph showing political boundary and transportation network, etc. provided by Microsoft.

Relational Database Management System (RDBMS) is designed to be the connector between user and database to manage and control the validity, redundancy and the relationship among the data using SQL language (Structured Query Language) which is the standard language linking with the relational database. SQL Server 2008 is the stable software database and data processing speed suit for large database or large

9 Executive Summary Marine Protected Area Database of Thailand organization. SQL Server Express 2008 is free but it had characteristic of relational database that able to storage geographic information and also support web application.

3.3 Data Layer Display Online Network

Designing database for display the data of marine and coastal resources and marine protected area will select data layer suitable with the efficiency of display through online system. There are 3 types of data layers: 1) basic data; 2) marine and coastal resource data; and 3) marine protected area data.

Basic data: boundary maritime zone; subdistrict; district; province; municipal; and village.

Marine and coastal resources data: coastal morphology; boundary of Ko (island); location of beach; depth contour; boundary of mangrove declared by minister cabinet resolution; dugong shelter; turtle nesting area; dolphin shelter; whale shelter; marine mineral deposit; concession area; erosion area; coastal protection structure; important sea port; coastal land use; area to be declare as marine protected area; infraction on law related with marine and coastal resources (subdistrict level); and location of network of DMCR.

Marine protected data: marine sanctuary; no hunting area; marine national park; mangroves; coral reefs; seagrasses; managed fishery area; archeological protected area; Environmental protected area; ramsar site; biosphere; and Asean heritage area.

3.4 Structure of the System

Structure and relational database are analyzed to design displaying information through network system. Structure operation system will use application program to retrieve information from relational database using internet through website of DMCR. When link to enter the database system of marine protected area is clicked, then the window the operation system will be appeared which will refer to the right of the user. Structure and process of the system are as follows.

Due to the database system is able to easily access through internet web browser at any places which has the internet system. Therefore, to manage database system efficiently, the right of user in database system must be defined by user

10 Executive Summary Marine Protected Area Database of Thailand management system. This will help the administrator to monitor the data from the system and information of the user. User groups will be divided into 3 groups as follows. • General user group. This group is able to see the map without member registration. The user can use some basic functions only. • Member group. User must register as a member before accessing to the system. User can use more basic functions and able to print the map and create the report. • Administrator group. User can use all functions of the system, and monitor the accuracy of data and report the information into the system.

3.5 Function Abilities

Function abilities of the marine protected area database system are as follows. 1) Define the right of users in each group. 2) Able to input, edit and modify the information of the marine protected area currently through networking system or internet. 3) Able to retrieve data of marine protected area following the conditions of the user through networking system or internet. 4) Able to display and present the several layers into the map from GIS. User can identify the geographical coordinates or other conditions through networking system or internet. 5) Able to present in the form of report and table through networking system or internet and also print the report, table and map as user requested. 6) Able to display the result of area and distance calculation from spatial data.

3.6 Updating

There are 2 ways for updating the database as follows.

- Adding data through web application which focus on posting the message, information and announcement. - Adding data through relational database which are minor change and large size.

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4. Evaluation effectiveness as a tool for demonstration sites

4.1 Development of indicators

Study further in details for two demonstrations as sites to analyze physical, social and economic characteristics as well as area problems and preparation draft ministerial notification or ministerial regulation for marine protection as the case study. Details of two demonstration sites are as follows: • Samui- Pha Ngan -Tao Islands are selected as representatives for the Gulf of Thailand with their attractiveness as follows: (a) physical, social-economic, nature’s benefit characters (b) potential to develop socio-economic policy (C) these areas have not been declared as protected areas, rather they have potentially for study, analyze and preparation “draft ministerial notification or ministerial regulation” to highly promote managing on marine and coastal resources. • Thai Muang - Prathong Islands, represents the Andaman Coast with the following attractiveness: (a) physical, marine and coastal resources, and biodiversity characters (b) population and culture identity (c) protection of areas according to the law (d) situation and problems subjected to their managing natural resources (e) declaration as marine national park and in between declaration as marine national park.

Evaluation effectiveness of protected areas in this project is built around IUCN- WCPA corresponding to sustainability framework which balances among ecology, social and economic aspects. Evaluation framework used in this study helping us to identify the constraints and gaps for working in each issue and also providing appropriate management intervention for successful.

Evaluation effectiveness of protected areas in this project is built around a questionnaire, which follows the IUCN-WCPA effectiveness framework comprising of 6 elements including context, planning, input, processes, output and outcomes. We developed 44 indicators / questions, with a varying number of indicators /questions relating to each element of the framework: Context – 5 indicators/ questions Planning - 7 indicators/ questions Inputs – 8 indicators/ questions Processes – 14 indicators/ questions Outputs – 5 indicators/ questions Outcomes – 5 indicators/ questions

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4.2 Summary of evaluation effectiveness for managing marine resources (coral resources) Ko Toa, Surat Thani Province

Evaluation effectiveness for managing marine resources (coral resources) Ko Toa, Surat Thani Province was summarized in Table 4.2-1. A summary of the assessment for coral management of Ko Tao is set out below.

Table 4.2-1 Results of evaluation effectiveness for managing marine resources (coral resources) Ko Toa, Surat Thani Province (Percentage of scores for implementation)

Context Planning Inputs Processes Outputs Outcomes Average 60.00 44.44 41.67 66.67 - 16.67 50.67 Consideration Criteria: 80-100 %: very good 60-79 %: Good 40-59 %: Fair 20-39 %: Pass low level < 20 %: Fail to pass low level

Context Ko Toa is located in Ko Pha Ngan District, Surat Thani Province. Ko Toa is a popular tourist place with beautiful scenery especially underwater scene, clear seawater as a remote island with less sedimentation from the shore resulting in well coral condition, causing Ko Toa as the most beautiful site for scuba diving in the Gulf of Thailand attracted a large numbers of tourists especially foreigners. This brings community incomes, as well as causing adverse impact to Ko Toa’s natural resources and environment. Recently, Ko Toa has been proposed as one of environmental protected areas (together with Ko Samui and Ko Pha Ngan).

Ko Toa has not been declared as any protected area; therefore, protection on coral resources is under the Department of Marine and Coastal Resources (DMCR)’s responsibility. Office of Marine and Coastal Resources Conservation (under DMCR) and a number of academic institutions have continuous studied on Ko Toa’s coral resources and disseminated to the publics via community meetings, country and international platforms. Recognizing Ko Toa’s value, context and threats to damage coral giving us that many coral around Koa Toa are degraded according to the following activities: • Step on coral from tourists • Anchoring on coral reef by not using mooring buoys • Dumping litters on coral reef • Release waste water directly to the sea

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• Land use changing and expansion of tourist accommodations without control as well as construction such lodgings over the slope areas, resulting in eroding high amount of sedimentation to the shore

DMCR, tourist operators and conservation group in Ko Toa have made an effort to campaign and resolve such problems consecutively. Obviously, substantial resolving on waste management and land use change have not been operated, as Ko Toa does not have neither wastewater treatment system nor efficient system for land use controlling.

In addition, climate change has made coral to bleaching widely; a platform hosted by DMCR together with academician to searching for intervention for minimizing coral damage has been conducted. Building artificial reef to increase additional scuba diving sites helps to descend risk from divers and providing chance for coral to revive itself.

Stakeholders such as tourist operators, conservation group and local community understand to value, status and threats to coral reef. They go along well for coral reef management by participate in planning and conducting a number of activities for coral conservation such as mooring buoys and artificial reefs installation as well as cleaning up underwater litters.

Planning Office of Marine and Coastal Resources Conservation has made strategic and action plan for managing coral reef in B.E. 2553, which is a national strategy including related threats to coral reef such as sedimentation, tourism in the area of coral reef, fisheries, crown of thorn star fish outbreak, and coral bleaching. In addition, Office of Marine and Coastal Resources Conservation also provides artificial reef strategy to restore coral reef and minimize diving impact.

No specific plans for managing Ko Toa coral reef exist, at present just managing following national strategy. It is therefore necessary to develop a system and integrated management plan for Ko Toa coral reef, covering short and long term periods, defining explicitly strategy, plans, goal/objectives. Subject to the management coral reef of Ko Toa, current related legislations according to the Fishery Act are describes below: • Notification by Ministry of Agricultural and Cooperatives “Defining fishery restriction around Ko Toa and Ko Hang Toa, Surat Thani Province, restriction to fish on coral or coral rock and restriction to use any fishing gears in the

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distance of 3000 m. from the shore (except for long line, gill net, trap)” ( 13 January B.E. 2519) • Notification by Ministry of Agricultural and Cooperatives “Defining Laem Had RinBay, Mae Had Ko Ma, Ko Toa and Ko Nang Yuan to be aquatic animals areas specific type for preserve coral as well as habitat and nursery ground for juveniles, not allowable for fisheries and aquaculture” (16 January B.E.2539) • Notification by Ministry of Agricultural and Cooperatives “Restriction for surrounding nets or Japanese net around coral reel or coral rock or artificial reef” (10 February B.E. 2540) • Notification by Ministry of Agricultural and Cooperatives “ Defining prohibition of some fishing gears to protection during spawning seasons of fish (fish spawners and larvae) in the area of Prachuab Kirikhan, Chumporn and Surat Thani provinces, 15 February –15 May of every year (24 January B.E. 2550)

It is noted that coral reef management plan of Ko Toa must be conform to coral threat, appropriate to responsible agencies and satisfy to the need of local community. Stakeholder participation during planning, implementation, monitoring and evaluation is required for the whole process, which results in stakeholders’ recognition and provides transparency management mechanism.

Input Without specific management plan, performing to coral conservation activities for Ko Toa’s coral reef has been conducted by DMCR with good cooperation from private agencies, non-government organization and conservation group. However, such activities have not been conducted consecutively, due to uncertain budget and personnel.

Subject to current management legislation, performance of the competent official in the area of Ko Toa, obviously restriction was reported by shortage of personnel and budgeting.

Processes Although Ko Toa has no direct specific management plan for coral reef, stakeholders including tourist operators, local community and conservation group have highly readiness to participating in diminishing threats to coral reefs around Ko Toa. Obviously, they participated in a number of activities such as collecting sea litters, mooring buoys installation, closely watching illegal fishing which may damage the coral, and promote and support housing for having primary wastewater treatment system.

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However, neither activity to control eroding sedimentation according to land construction nor central wastewater treatment system construction was reported. It seems, during the evaluation of this project, intensive data on coral ecology was documented by a number of universities including Chulalongkorn, Prince of Songkhla, Mahidol, and Kasetsart universities and DMCR itself, while socio-economic information was very limited. We need to research more on socio-economic linking to coral ecology, which will be benefit to considering on strength and weakness of coral reef management, resulting in proper coral reef management.

In addition, no existing public relation plan, disclosure information on value, importance and proper utilization of coral reef to tourist operators, general publics and tourists is still limited.

Outputs As no existing management plan for Ko Toa’s coral reef, DMCR and the Department of Fisheries are the main operating organizations, with good cooperation from private and non-government organizations and Ko Toa community, conducting coral conservation activities (artificial reef installation, mooring buoys installation, sea litters collection and etc.).

Outcomes Overall situation or coral situation varied from degraded to good condition, resulting from tourist diving. Coastal water quality was suitable for recreation (national coastal water quality type 4), still high total fecal bacteria was recorded. This was explained by the fact that Ko Toa has no central wastewater treatment system, wastewater were directly released to the sea. In addition, high amount of waste (3-5 ton/day), limited area of waste dumping together with no sanitary landfill would also causing garbage pollution in the future.

Increasing trend of tourists over Ko Toa, while management scheme on resources of such area was unclear, still operating mainly problems at hand, this causes low management effectiveness. And also overall threats seem to be more severe including expansion of accommodations, high amount of wastewater and garbage, interruption on coral reef according to tourist diving and etc.

Recommendations 1. Although related stakeholders and the publics do understand coral reef’s value and status, no specific management plan for Ko Toa’s coral reef. The main

16 Executive Summary Marine Protected Area Database of Thailand responsible agency of Department of marine and coastal resources should make a management plan for Ko Toa’s coral reef, defining strategy and goals or direction covering short and long term periods. 2. An integrated management plan for coral reef is required. As threats to Ko Toa’s coral reef were derived from land and sea, related to many agencies and stakeholders, and varieties of knowledge. 3. Department of Marine and Coastal Resources should set up a committee comprising of related stakeholders including Department of Fisheries, Treasury Department, Office of Natural resources and Environment Surat Thani Province, local administrative, Operators, conservation groups, local people, related academic institutions and etc. to preparation on coral reef management plan. 4. Department of Marine and Coastal Resources should consider to establish a center to co-managing with other related agencies and stakeholders in the area. This center can also contribute for tourists service or disclose information. 5. Adapting a number of frameworks; Pressure-State-Response (PSR), Driver- Pressure-State-Impact-Response (DRPSIR), Problem Root Analysis (Causal Chain Analysis) and Gap Analysis for making coral reef management plan. 6. Using related information such as socio-economic of local community (livelihood, economic receiving from coral reef to community), as this will help to analyze strength and weakness regarding coral reef management and also can be used for socio-economic monitoring. 7. Coral reef management plan should comprise of reducing threat and restoration as the minimum. Threats to coral reefs can be reduced as follows: • Defining coral use zoning to provide guideline for appropriate and sustain using of coral reef • Public relation and disclose knowledge to stakeholders, local people, and tourists via pamphlets, sign board, and etc. (both Thai and English version). Suggested information includes value and importance of coral reef, sustainable utilization of coral reef, building awareness for coral conservation, impact of climate change to coral bleaching. • Defining measures to control waste dumping either garbage or wastewater, reducing amount of garbage, garbage separation, promote and support operators and housing to install primary wastewater treatment system, providing area for managing garbage and wastewater in the future • Controlling eroded sedimentation regarding land construction • Implementing related legislation including Fishery Act B.E. 2490 and Building Control Act B.E. 2522 or stakeholders and related agencies may

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define regulations to control utilization either on the land or sea causing no impact to natural resources and environment through the process of public participation • Monitor changes on coral resources and related environmental factors continuously

Activities to rehabilitate coral reef are suggested as follows: • Construction artificial reef for alternative tourist areas and also help to reduce tourists’ disturbance on natural coral reef. • Promote and support researches on coral reef as fundamental knowledge for management and also investigate knowledge to reverse coral reef degradation, which were damaged from varieties of threats and coral bleaching 8. Management plan must include monitoring and evaluation elements covering both efficiency and effectiveness regularly, using the results to improve progress. 9. Department of Marine and Coastal resources must attempt to provide funding and capable personnel to conduct activities following the management plan, also seeks for supporting from private agencies, or non-government organizations. 10. Promote and support stakeholders to involve for the whole process since planning through evaluation, as well as implementation and supporting supply for management as appropriate 11. In addition to preparation integrated management plan for coral reef, consideration to declare Ko Toa as protected areas with necessary measures may be another alternative. Or perhaps adding protection marine resources measures to draft measures of environmental protected areas of Ko Samui, Pha Ngan and Toa (recently, it has been coordinated by the Office of Natural Resources and Environmental Policy and Planning responsibility) for having strong coral reef protection and related other natural resources and environment.

4.3 Summary of evaluation effectiveness for managing marine resources (sea turtles) Khao Lampi Hat Thai Muang, Phangnga Province

Evaluation effectiveness for managing marine resources (sea turtles) Khao Lampi Hat Thai Muang, Phangnga Province was summarized in Table 4.3-1. A summary of the assessment for sea turtle management of sea turtle is set out below.

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Table 4.3-1 Results of evaluation effectiveness for managing marine resources (sea turtles) Khao Lampi Hat Thai Muang, Phangnga Province (Percentage of scores for implementation)

Context Planning Inputs Processes Outputs Outcomes Average 66.67 57.14 37.50 51.28 - 22.22 49.52 Consideration Criteria: 80-100 %: very good 60-79 %: Good 40-59 %: Fair 20-39 %: Pass low level < 20 %: Fail to pass low level

Context Hat Thai Muang is located in Khao Lampi Hat Thai Muang National Park, was declared as National Park since 14 April B.E. 2529 and also has been under the environmental protected areas according to Notification of Ministry of natural Resources and Environment (26 March B.E. 2550). The importance and value of Hat Thai Muang were well recognized, plant communities on sandbars/beach at this place is a unique heritage of South-east Asia on the Andaman Coast. In addition, Hat Thai Muang baeach was the area for sea turles nesting (Leatherback turtle, Hawksbil turtle, Green turtle, and Olive ridley turtle) during October–March of every year. The national park has defined Hat Thai Muang baeach as a restricted area for sea turtles nesting. However, at present, a declining of sea turtles laying eggs was dropping from 17 times in B.E. 2532 to 2-3 times during B.E. 2551-2553. Increasing threats to sea turtles was evident. A number of threats were summarized as follows: (1) habitat degradation (land use change from agricultural area to residential or tourist accommodation, residential construction too close to the beach, beach exposed to more lighting due to forest beach clearance, construction sea wall hindering sea turtles nesting, degradation of sea turtles food), and (2) accidental caught by some fishing gears. Another diminishing factor related to direct take of sea turtles and their eggs, which was consumed locally but at present are very rare. Mostly, impact of climate change has not received much attention. Stakeholders and local community understand importance of sea turtles and threats that impact to their nesting and status. Actually they cooperate to help for sea turtles conservation in some ways such as informing to the national park when finding sea turtles nesting. After that, the national park will translocate and artificial incubate sea turtles eggs, however, hatching success of their eggs was still low.

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Processes Khao Lampi Hat Thai Muang National Park has vision to conserve natural resources and sustainable tourist by participation, stating a conservation policy of sea turtles for some extent, although it was not aimed to reduce sea turtles’ threats. A strategic plan linked to a five year master plan for managing the park areas within B.E. 2548- B.E. 2553, plans for managing the areas were identified as system. In each plan, Program or project for managing sea turtles were provided as follows: 1) Plan for conservation and rehabilitate natural resources: Project to protect and conserve Hat Thai Muang-Khao Na Yak and Ao Kham, Project to conserve sea turtles of Hat Thai Muang 2) Plan for natural resources protection: Project to inspection route at Hat Thai Muang 3) Plan for tourism and recreation: Project to improve and develop sea turtles landscape area. 4) Plan for increasing efficiency for managing national park: Project to develop capability to the park personnel, Project to setting up network committee within district and area level, Project to strengthen and develop cooperation network and participation at all levels. 5) Plan for public participation: Project to publicize information to people, Youth camp project, Project to support community for natural resources and environment conservation activities, Project to strengthen network of participation in the district level. 6) Plan for researches: Project to preparation sea turtles database

However, such plan mainly focused on rehabilitation, conservation activities, personnel capacity building, with no projects aims to reducing diminishing factors or threats that causing damage to sea turtles.

Recently, Khao Lampi Hat Thai Muang National Park did a master plan covering a period of one year, three years and five years through the public participation processes, and will be used for implementation in B.E. 2554. Inputs Primary funding to use for managing parks received from central regular budget and park’s income yearly, which were very limited or unsecure. Therefore implementations were mainly restricted on fundamental activities. Supporting from non- government organization such as WWF was recorded. Limitation of the number of staffs, and law enforcement were also reported. Mostly, Park’s personnel had ability to disclose information, building awareness, resolving natural resources encroaching and providing tourist services. Sign boards were not beautiful, and not attract tourist

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In terms of researches on sea turtles, mainly were focused on biology, while lacking of socio-economic data. Impact of sea turtle interventions (such as restriction of some fishing gears, defining specific time for fishing, fishery prohibition area, and land use changing control) to socio-economic are subjected to further study.

Processes Khao Lampi Hat Thai Muang National Park has coordinated closely with related agencies including Center for Research of Marine National Park and Phuket Marine Biological Center, Phuket Province, supporting for academic knowledge. Processes of building awareness for sea turtles conservation were regularly conducted to the local community, private operators, and tourists through verities of media. In addition, a number of activities were performed including: sea turtle walking, sea turtle releasing, asking collaborate from adjacent private operators and housing to reduce lighting at night during the nesting period, asking collaborate from the locals to inform once they find sea turtle nesting. However, the outcomes of reducing sea turtles threats have not yet achieved, due to the following limitation: length of the beach, budget and personnel.

Outputs During the evaluation period, monitoring reports (yearly reports) of Khao Lampi Hat Thai Muang National Park were not available. As such we decide not to evaluate the outputs elements.

Outcomes Obviously decreasing of sea turtles and their nestings are recorded. This can be explained by the following: (1) habitat degradation (land use change from agricultural area to residential or tourist accommodation, residential construction too close to the beach, beach exposed to more lighting due to forest beach clearance, construction sea wall hindering sea turtles nesting, degradation of sea turtles food), and (2) accidental caught by some fishing gears (trawl, gillnet, longline). However, the parks have performed to build sea turtle conservation awareness for stakeholders, as well as seeking collaboration from adjacent private operators and housing to reduce lighting at night during the nesting period.

Recommendations Important difficulties for managing sea turtles of Khao Lampi Hat Thai Muang National Park were primarily on weakness of planning, limitation of inputs, and processes. Suggested Improvements are as follows:

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1. Clearly define policy and target to reduce sea turtles threats 2. Management plan must identify time frame for implementation, clear boundary, and monitoring plan for implementation, which must suit to Khao Lampi Hat Thai Muang National Park’s capability and resources. 3. Management plan must identify clearly to the importance and necessity to have that plan, influencing policy makers to formal approval and provide budget to secure implementation activities according to such plan. 4. Seeking for other sources of funding (i.e. non-government agencies) to help support continuous managing sea turtles. 5. Restrict law enforcement for offenders, asking collaboration from fishers to avoid fishing during the nesting seasons, also releasing sea turtles if accidental catch. 6. Promote and support researches on sea turtles and collaboration with Center for Research of Marine National Park and Phuket Marine Biological Center, Phuket Province to support academic knowledge. 7. Provide stakeholders and local community’s opportunities to participate for the whole process of management including planning, implementing, through monitoring and evaluation elements. 8. Provide communication and disclose information for building awareness to stakeholders, local community and tourists continuously, also promote and support building network for sea turtles conservation. For a broader picture, considering on area management, protection sea turtles nesting areas must cover Hat Thai Muang linking to Mu Ko Ra –, which will be conformed to the protection nesting zone under the environmental protected areas of Phangnga Province. The highly development area of Kuk Kuk Subdistrict is very crowded tourists, seeking collaboration from tourist operators in terms of noise and lighting especially during nesting period (December – March) is required. Secondly, considering to expand restriction areas of fishing by trawl and push net (with engines) from the distance of 3,000 m. to 6,000 m. from the shoreline. This will help sea turtles nesters stay safely from accidental catch during their nesting behavior, as after first hatching they usually swim around the distance of 5-6 km. from the shore and back to nest their eggs until finish.

5. Summary of implementation on demonstration sites to analyze and preparation ‘draft” notification or regulation to support managing marine and coastal resources

Defining Marine Protected Area (MPA) and Marine and Coastal Protected Area (MCPA) are important tools for managing marine and coastal resources, based on

22 Executive Summary Marine Protected Area Database of Thailand legislation to protect ecosystem and important resources, as well as identified users and using methods. At present, we have a number of legislations to protect marine and coastal resources, covering 6 categories according to the International Union for Conservation of Nature (IUCN). So far, defining protected areas still have been based on separate institutions, lacking of integration, confusion for authorization’s implementation as well as other stakeholders.

Department of Marine and Coastal resources as the agency, which is responsible to look after marine and coastal resources, realize to study and collect information, legislations and measures for Thai marine protected areas into a system. This will help to use information for managing areas on time. In addition, analyzing weakness and strength of law enforcement in the marine protected areas and gaps especially to the socio-economic and area development’s opportunities will provide guidelines and suggestions for sustainable managing marine and coastal resources. 5.1 Framework and processes for defining areas and measures to protect marine and coastal resources of Ko Toa

Defining protected area (PA) is one important tool, that can be used to help protecting and conserving natural resources of specific areas especially for biodiversity. There are many types of protected areas depends on target of areas. PA could be fertile natural resources, not to be disturbed by human activities, or areas where allowing human’s stay by culture. PA could be managed under many agencies covering central government, local authorities and local community. Mostly, PA was set up at the national scale with academic supports from international organizations. International Union for the Conservation of Nature (IUCN) has led role for natural resources conservation based on protected area framework. IUCN developed Protected Area Management Categories System in 1994, which were used in many countries.

Marine Protected Area (MPA) was defined by IUCN and Marine and Coastal Protected Area (MCPA) was defined under the CBD Convention in 2004. Adding “coastal” from CBD to define boundary of MPA include connections between land and sea. Such areas include estuaries and marine salt marsh.

Thailand does not have formal definition of marine protected areas, as such we will focus on IUCN and CBD’s definition. Declaration and areas as marine protected areas usually belong to existing legislation such as National Park Act, and Fishery Act. For consistency, term “Marine Protected Areas” will be used for this study.

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5.2 Related legislations to marine protected areas of Thailand

Legislations are tool for help managing marine resources efficiently. There are a number of legislations conformed to marine resources of Thailand. Some of them may not conform to legal provision of the United Nations Convention on the Law of the Sea (UNCLOS) 1982, which are master sea law of the world. At present, Thailand has many legislations related to marine resources, we must consider on independence of physical, and ecological characteristics and coastal development. Important appearance for using sea resources include Inland, Coastal Upland, Shoreland, Intertridal, Continental Shelf, Continental Island, Barrier Island and Abyssal Plain (ONEP, 2552)

5.3 Concept to develop legislation for marine and coastal resources protection

To protect and look after marine and coastal resources, as such DMCR has a concept to issue Marine and Coastal Resources Promotion Act (at present it is under amendment). At present, managing marine and coastal resources has no unity, lacking of integration and public participation, and supplement with intrusion or extremely use of marine and coastal resources, adversely affect to such resources. In addition, existing legislation does not cover to protect marine and coastal resources in some areas. As such, it is necessary to have direct legislation to managing, preserving, conserving, and rehabilitating marine and coastal resources, through the process of public participation. It is likely that some sections of this Marine and Coastal Resources Promotion Act may contain a number of sections regarding person right and freedom (sections 29, 33, 41 and 43) under the Thai Constitution.

(Draft) Marine and Coastal Resources Promotion Act B.E..... is under amendment. It has legal provision to protect areas with having wealth marine and coastal resources. Important main pionts are summarized as follows:

1) Must have a national committee for approval policy and plan for managing marine and coastal resources, with the DMCR’s director as the member and secretary 2) To promote public participation and support local communities in the coastal areas or islands for managing, maintain, conservation, rehabilitation and utilization on marine and coastal resources, DMCR may consider to support on the following: (1) Support community to participate during preparation process of national policy and management plan for marine and coastal resources (2) Provide consultation to communities for managing, maintain, conservation, rehabilitation and utilization on marine an coastal resources.

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Also helping and supporting project implementation or community activity for such matter. (3) Disclose knowledge or information related to managing, maintain, conservation, rehabilitation and utilization on marine and coastal resources. 3) In case person cause severe impact to marine and coastal resources, provide authority to DMCR’s director or representative command that person restrain such performance that bring about adverse impact to marine and coastal resources for temporary as appropriate 4) For the benefit of preservation, conservation, and rehabilitation on mangrove forests to maintain their natures and prolific ecosystem, provide authority to the Minister with committee’s approval to issue ministerial regulation defining mangrove area in specific area as “Conservation mangrove areas” with the following condition: (1) Not in the national park area according to National Park Act or wildlife sanctuary area or wildlife non hunting area under Wildlife Preservation Act (2) Not under ownership or possessory right subject to the Land Act 5) The Minister with committee’s approval to issue ministerial regulation defining area that was not declared as conservation areas to be “Marine and Coastal Areas” with the following condition: (1) Area with healthy marine and coastal resources and necessary to preserve their natures (2) Areas that are habitat for fauna and flora (3) Areas that have important ecological marine and coasts, and worth to conserve

Under “Draft” of such Act, defining measures to protect marine and coastal resources or measures to protect conservation mangrove areas, any one or more of the following measures shall be prescribed: (1) Prohibition of any activities or acts that may be harmful or adversely affect or change the pristine state of marine and coastal resources (2) Defining measures to preservation, conservation, rehabilitation and utilization on marine and coastal resources suitable to the conditions of such area (3) Land use prescriptions for preserving the natural conditions of such area (4) Defining of any protective measures which are deemed proper and suitable to the conditions of such area

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Considering to defining areas as environmental protected areas under the National Environmental Quality Act B.E. 2535, this has been declared in many places. By doing this, two ways can be implemented; first by the local or second by collaboration between the central and the local. Main points to define measures, must follow section 44 under the NEQA B.E. 2535 as follows: (1) Land use prescriptions for preserving the natural conditions of such area or for preventing its natural ecosystems or its aesthetic values or amenities from being adversely impacted (2) Prohibition of any act or activities that may be harmful or adversely affect or change the pristine state of the ecosystems of such area (3) Specifying types and sizes of projects or activities to be constructed or operated in such area and undertaken by government agencies, state enterprises or private entities, which such entity has the legal duty to submit reports of environmental impact assessment (4) Determination of management approach and method specific to the management of such area, including the scope of functions and responsibilities of relevant government agencies for the purpose of cooperation and coordination that are conducive to efficient performance of work towards the preservation of natural conditions or ecosystems or aesthetic values and amenities in such area (5) Prescriptions of any other protective measures, which are deemed proper and suitable to the conditions of such area

5.4 Processes and steps for declaration marine and coastal protected area

Two steps for declaration marine and coastal protected areas are as follows:

1) Defining areas and measures First option: Considering area boundary and protective measures by institution, people, and local administrative in the area with collaboration from the Ministry of Natural Resources and Environment. Second option: Ministry of Natural Resources and Environment by the Department of Marine and Coastal Resources to define policy as appropriate and propose area and protective measures to co-consider with institution, people, and local administrative. Any option must consider the following points: • Importance, problems and areas boundary to be defined as marine and coastal protected areas

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• Consider to define protective measures for marine and coastal resources or protective measures for conservation mangrove forests, with one or more as appropriate • Open for public participation • Ministry of Natural Resources and Environment by the Department of Marine and Coastal Resources provide ministerial regulation “Defining areas and protective measures for marine and coastal resources” or draft ministerial regulation that were prepared through the public participation process, deliver to the national committee for approval policy and plan for managing marine and coastal resources for further consideration

2. Legislation steps (1) Propose approved draft regulation from the national committee for approval policy and plan for managing marine and coastal resources to the cabinet for further consideration (2) The cabinet submit such draft regulation to the Office of the Juridical Council (3) Office of the Juridical Council examine and consider on such draft regulation with involvement from other related agencies in the central, regional and local levels (4) Office of the Juridical Council submit pass draft regulation to the cabinet for further consideration (5) Office of the cabinet secretary submit approval draft regulation from the cabinet to the Minister of Natural Resources and Environment for autograph (6) Ministry of Natural Resources and Environment deliver ministerial regulation to Office of the Juridical Council to publish on Government Gazette and come into legally force 5.5 Draft ministerial regulation defining protective measures for marine and coastal resources of Ko Toa

Main points for consideration from the demonstration site are as follows: 1) There is no protection measures for the distance outside 3,000 m from the shoreline around Ko Toa and Ko Pha Ngan 2) There is beautiful rock and coral reef located about 20-30 km from Ko Toa, which is popular for tourism and scuba diving exercise, but no single organization to look after. To protection such natural resources is also another important point to consider for marine and coastal protected areas.

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3) Diving sites around Ko Toa are so popular around the world, together with accommodations beauty, diving schools, and exercise diving test resulting in massive utilization and tourists. We should consider having interventions and concrete institutions. 4) This study revealed that there is a unification on a number of agencies (within Ko Toa and outsiders) collaboration as a network with aims to sustain utilization Ko Toa nature by execute activities on nature conservation, environmental management, and environmentally friendly development. Base on this strength, and concept to protect marine and coastal resources by providing draft regulation or others by means of public participation would be parts to strengthen power to marine and coastal resources protection 5) Reviewing on draft notification and measures of Ko Samui, Ko Pha Ngan, Ko Toa and Ko Tan, which have been proposed as environmental protected area (EPA) by the Office of the National Resources and Environmental Policy and Planning, we discovered a number of points that could be benefit to this study as follows: • Such draft notification subjected to the National Environmental Quality Act B.E., based on areas that have been previously designated by other laws (master town and country plan area, conservation area, building control area, pollution control area), by adding protective measures in the distance boundary of 3,000 m from the shoreline only • Protective measures in such draft notification EPA, mostly focused on building control and prohibition activities on mainland, having very few protective measures for marine and coastal resources • Protective measures in such draft notification EPA are subjected to government agencies as the main body, while implementation or supporting local community and local people was not much focusing. This would cause low achievement as the EPA similar to other EPAs in Thailand. • Such draft notification EPA is still under consideration 6) All related stakeholders with enthusiastic and interested to protect Ko Toa nature always involved in the project meetings, and agreed that guidelines from this study would support their existing networks to be more substantial. 7) Ko Toa is a highly fertile tourist place, it’s nature should have been immediately look after

5.6 Draft ministerial regulation

Draft ministerial of Ko Toa areas based on the following considerations:

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1) Define target to protect marine and coastal resources Target to protect marine and costal resources of Ko Toa considered on the importance and status of nature, and existing utilization, then prioritized the authorities as details below: (1) Coral reef and coral rock either in the shallow and deep water (2) Coastal areas of Ko Toa, Ko Nang Yuan and Ko Hang Toa (3) Fishery resources and marine fauna around the area (4) Navigable water between Ko Toa and Kong Hin Chumporn Prioritized activities are as follow: (1) Diving around the areas of coral reef and coral rock either in the shallow and deep water (2) Fisheries (3) Utilization activities at coastal areas

2) Define area boundary: Scope of the boundary was designed to protect and control impact from main activities as mentioned before. We proposed primary areas of 1,000 m. around Ko Toa and tourisms utilization range of Ko Toa-Kong Kin Chumporn, considering risk from transportation, boat anchoring, and pollution distance that may affect to living organisms. Ring around the areas are: Point ๑ X ๕๘๓๙๗๘ Y ๑๑๒๔๔๑๐ Point ๒ X ๕๘๕๖๓๙ Y ๑๑๒๕๗๙๗ Point ๓ X ๕๙๙๕๖๔ Y ๑๑๑๕๐๕๕ Point ๔ X ๕๘๙๕๐๖ Y ๑๑๐๙๖๐๗

3) Consider on other related legislation To define area for protection marine and coastal resources must not be in conflict with other legislations. • Define areas could cover areas whether they have been designated to protection according to other legislations or both. Actually we should focus on fishery and ecosystem connection as the priority and to support using protective measures as protected areas, where usually based on existing legislations. We suggested that defining areas must not be in the national park (National Park Act) or in the preservation wildlife or wildlife sanctuary areas (Preservation and Protection Wildlife Act) where already have strictly enforcement.

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• In case of environmental protected areas subject to Ministerial notification (Ministry of Natural Resources and Environment) which has almost similar goals to marine and costal protected areas protection, we should consider and combine marine and coastal resources situation and protective measures together. In case protective measures as stated in EPA may not cover to protect marine and costal resources, or have difficulties for implementation in practice, we may define areas for marine and coastal resources overlapped to the EPA boundary and define more efficient protective measures. • In case areas, where are under designated as EPA, or national park (National Park Act) or in the preservation wildlife or wildlife sanctuary areas (Preservation and Protection Wildlife Act), we should set up a collaboration committee to considering area boundary and integrated measures avoiding duplications. • In case of legislation subject to the Fishery Act, areas where defining fisheries measures and preservation floras, considering necessary measures to combine with

4) Define sub-areas and protective measures (1) Give importance to marine and coastal resources data base, utilization, socio-economic and results of public participation (2) Define areas and measures under legislative mandate of organization as importance for successful enforcement (3) Define measures should also integrate other related regulations in the areas, to completeness and clarity for implementation (4) Define measures should include the following: 1) Prohibition of and acts or activities that may be harmful or adversely affect to marine and coastal resources 2) Preservation, conservation, rehabilitation and utilization on marine and coastal resources as suitable to such area. 3) land use prescription for preserving the natural conditions of such area or preventing it’s natural ecosystem 4) Promote public participation and support coastal communities located in the coastal areas or islands for preservation, conservation, rehabilitation and utilization on marine and coastal resources 5) Prescription of any other protective measures which are deemed proper and suitable to the condition and marine and coastal resources of such area

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(5) Define rules and restriction according to law enforcement (6) Define legislation must have no terminate duration, to have continue conservation and rehabilitation on marine and coastal resources and progressive outcomes. Process of designation of such area must put importance to analyze, define area and measures based on academic knowledge and conducting through local public participation and related agencies. (7) Protection marine and coastal resources must be accepted that “such legislation as collaborative tool for sustainably managing marine and coastal resources, not legislation that adversely affect to local’s way of life and quality of life”

6. Activities of participation of this project

The project was operated through public participation by means of meetings, workshops, in-depth interviews and focus group meetings in the demonstration sites. Meeting to explore user requirement, and training for DMCR personnel. Meeting to present results of the study and open for public participation at the end of the study. Overall, 6 groups of meetings with the total participants of 334 and were detailed in Table 6-1.

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Table 6-1 Summary of participation activities under this project

จํานวน Number Activity Date Place (คน) 1 Workshop to select demonstration 22 June B.E. 2554 Lum Pan Meeting Room 42 sites 9 floor Department of Marine and Coastal Resources 2. Meeting to explore User 22 June B.E. 2554 Lum Pan Meeting Room 12 Requirement 9 floor Department of Marine and Coastal Resources 3 Disclosure information, listening to 23 September B.E. Ko Toa public health station 38 public opinions, in-depth interview 2554 Surat Thani Province and focus group meeting in the 24 September B.E. Ko Pha Ngan Disrict Office 36 areas of the Gulf of Thailand 2554 Surat Thani Province 8 – 11 January B.E. Office of interviewee 16 2555 4 Disclosure information, listening to 26 – 28 December Office of interviewee 14 public opinions, in-depth interview B.E. 2554 and focus group meeting in the 28 December B.E. Andaman Hall Room 27 areas of the Andaman Sea 2554 The Andamna Buri Resort Phangnga Province 16-18 January B.E. Office of interviewee 9 2555 31 January B.E. Marine and Coastal Resources 2 2555 Research Center, lower part of the Andaman 5 Trainings database system of Marine 13-14 February B.E. Department of Marine and 62 Protected areas 2555 Coastal Resources 6 Meeting to present results of the 27 February B.E. Ball Room C 86 study and open for public 2555 Ma Ruay Hotel participation Total 334

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