A tool kit for Protecting the environment and natural resources in Kuraburi, Phang Nga

Writers Ryan Knight, Kate Watson, Jennifer Dill, Patricia Moore and Katie Miller Compliers Radda Larpnun and Somsak Soonthornnawaphat

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Citation Knight,R., Watson,K., Dill J., et al (2010). A toolkit for protecting the environment and natural resources in Kuraburi. Bangkok, Thailand: IUCN Thailand Programme and IUCN Regional Environmental Law Programme, Asia.

Compliers Radda Larpnun and Somsak Soonthornnawaphat Cover photos © IUCN/ Pecthrung SUKPONG ISBN 978-2-8317-1267-3 Layout by Siriporn Pornsiritived Produced by IUCN Thailand Programme and IUCN Regional Environmental Law Programme, Asia Available from IUCN Asia Regional Office 63 Sukhumvit Soi 39 Sukhumvit Road, Wattana, Bangkok 10110 Tel. +66 2 662 4029 Fax. +66 2 662 4387 www.iucn.org/thailand A tool kit for Protecting the environment and natural resources in Kuraburi, Phang Nga

Writers Ryan Knight, Kate Watson, Jennifer Dill, Patricia Moore and Katie Miller Compliers Radda Larpnun and Somsak Soonthornnawaphat A TOOLKIT FOR PROTECTING THE ENVIRONMENT AND NATURAL RESOURCES IN KURABURI, PHANG NGA

6 Government and Law in Thailand 14 Public Participation in Environmental and Natural Resource Management 15 Environmental and Natural Resource Management in Kuraburi 29 Fisheries 35 Aquaculture 37 Water Pollution and Water Quality 40 Wild Animals and Plants 44 Community Rules 49 Taking Action Introduction

he people of Kuraburi in Phang Nga Province Thailand face many environmental and natural resources problems that are impacting their environment Tand livelihoods. Some of the problems relate to land use conflicts, unsustainable fishing and aquaculture practices, water pollution, and wildlife extinction. Increasing populations and limited available land means that, for some people, the only way to maintain their livelihood is to encroach on land that is not theirs. Local, small-scale fishermen complain of declining fish stocks and conflicts with the commercial fishing industry. Declining water quality resulting from water pollution is also a growing problem, as is the loss of rare plants and animals that are important to maintain a healthy environment.

This booklet provides a basic summary of the most impor- Environmental tant laws and regulations that solutions start govern these kinds of issues. The law is not always clear, with us. and government bodies may have conflicting and overlapping responsibilities. However, local communities and government agencies can use this information as a stepping stone to understand how they can better manage their natural resources, while working together to protect both the environment and their communities.

Laws and rules create structures for managing natural resources. Only by understanding these rules will communities know their rights, know their responsibilities, and know how best to engage the government to create sustainable solutions. Map 1 Government and Law in Thailand To understand how the laws and rules shows the ecology, for natural resource and environmental some land use, and management operate in Kuraburi, it is important to first understand the government boundaries structure of government and types of in Kuraburi, as well as laws and other rules in Thailand. some of the human Thailand is a constitutional monarchy. activities taking place The King is the head of state and the there like shrimp farms Prime Minister is the head of govern- ment, presiding over a Cabinet of and agriculture. Ministers.

6 / Table 1 sets out the levels of government in Thailand.

LEVEL ADMINISTRATION GOVERNMENT

Cabinet, Ministries & National National Government Departments

Provincial Administrative Province Provincial Governor Organization

District Chief District Officer

Sub- Sub-District (Tambon) Sub-District Head District Administrative Organization

Village Village Head

or more than 10 years, the national government has been progressively decentralizing power to the provincial and local levels, including those related Fto environmental and natural resource management, under the Tambon Administrative Organization Act 1994 and the Provincial Administration Act 1997.

The Cabinet may make Cabinet Resolutions in relation to any issue, including environmental issues. Cabinet Resolutions are orders from the Cabinet to do something; they may not always be legally enforceable. Ministries and their agencies make policies to establish the government’s goals for specific issues. Plans are like roadmaps that the government uses to help achieve the goals set out in policies. Policies and plans are not legally enforceable the way an act, regulation, or notification is. Royal decrees are issued by the King under the Constitution, an act, or in an emergency.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 7 The National Assembly is the supreme body that makes laws to implement government policies. The court system interprets and enforces these laws. In addition to laws, or Acts, there are other types of legally-binding rules in Thailand, and it is important to understand the different types and their importance.

Table 2 sets out the hierarchy of laws and other rules.

CONSTITUTION supreme law of the land, and source of authority for all other laws

ACTS ACTS passed by the National Assembly and accredited by the King

ROYAL DECREE

ROYAL DECREE REGULATIONS & proposed by Ministries and NOTIFICATIONS accredited by the King as specific passed by Ministries as specific rules to implement an Act or in an rules to implement an Act emergency situation

8 / ational Environmental and Natural N Resource Management Law in Thailand In Thailand, there are many acts governing natural resource and environmental management and many of these laws apply in Kuraburi. More specific regulations and notifications can be made under each act. The most important national law that deals with the environment is the framework Enhancement and Conservation of National Environmental Quality Act 1992 (NEQA). This act provides for environmental planning and standards, pollution controls, environmental impact assessments, funding for environmental projects, and conservation in declared Environmentally Protected Areas. Under this act, the Ministry of Road erosion of Natural Resources and Environment (MoNRE) has Na Yon canal at developed, and is now implementing: Bann Bang Soi: canal ecosystem • Policy and Prospective Plan for Enhancement and changed by human Conservation of National Environmental Quality 1997- activities © IUCN/ Somsak 2016 (National Environmental Quality Policy and Plan) SOONTORN- (approved by Cabinet 30 Jan 2006) which establishes NAWAPATH long-term environmental goals focused on sustainable development, better administration and community involvement. It also identifies specific environmental management objectives in relation to soil, wildlife, pollution, forests, mangroves and coastal resources.

• National Environmental Quality Management Plan [2007-2011] which is a more detailed plan used to implement the National Environmental Quality Policy and Plan.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 9 t the provincial level, provincial MoNRE offices must prepare Provincial Action Plans for A Environmental Quality Management. The purpose of these plans is to achieve integrated environmental quality management in accordance with the guidelines in the National Environmental Quality Management Plan and to implement that plan where:

• an Environmentally Protected Area has been designated in the province by ministerial regulation, as advised by the National Environment Board;

10 / • the National Environment Board has designated a Pollution Control Area in the province, by notification in the Government Gazette. When this is done, the Provincial Environmental Action Plan for Environmental Quality Management must incorporate an action plan prepared by the relevant local authority to mitigate and eliminate pollution in the designated Pollution Control Area;

• the province has identified a need to enhance and conserve environmental quality within the province.

fter the tsunami in December 2004, MoNRE designated the province of Phang Nga, including A Kuraburi District, to be an Environmentally Protected Area from 2007 until 2011, by ministerial regulation under the National Environmental Quality Act. The Phang Nga Action Plan for Environmental Quality Management 2007- 2011 applies in Kuraburi and is being implemented by the Phang Nga Provincial MoNRE Office. Further details of how this plan applies in Kuraburi are provided in the sections below. The designation of the Environmentally Protected Area has been extended until 2016 and the Provincial MoNRE Office is drafting a new Phang Nga Environmental Action Plan which will apply from 2011 to Coastal 2016. aquaculture © IUCN

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 11 aws, regulations, and notifications are administered by different government ministries and departments, L depending on the particular law and issue. The primary areas of responsibilities for different government agencies on environment and natural resource management issues are set out in Table 3. Their responsibilities under the laws often overlap, however, which often makes management complicated and confusing.

Commercial fishing boat © IUCN

12 / Table 3

MANAGEMENT OF NATURAL RESOURCES AND THE ENVIRONMENT Government Agency Area of Environmental Responsibility Ministry of Natural Resources & Environment (MoNRE) • Office of Natural Resources and Overall planning and coordination of Environmental Policy and Planning natural resources and environmental (ONEP) management • National Park, Wildlife and Plant Protected areas and wildlife Conservation Department (DNP) conservation • Royal Forest Department (RFD) Forestry • Department of Marine and Coastal Marine and coastal ecosystem Resources (DMCR) protection • Department of Mineral Resources (DMR) Mineral resources • Department of Environmental Quality Environmental education and Promotion (DEQP) communications • Pollution Control Department (PCD) Pollution and pollution standards • Department of Water Resources (DWR) Surface waters • Department of Groundwater Groundwater and aquifers Resources (DGR) • State Land Encroachment Committee Land encroachment conflicts Ministry of Agriculture & Cooperatives (MoAC) • Department of Fisheries Fisheries and aquaculture • Land Development Department Agricultural practices • Agricultural Land Reform Office Land reform areas (sor por kors) Ministry of Industry (MoI) • Department of Industrial Works Industrial and factory pollution • Committee on Hazardous Substances Hazardous substance pollution Ministry of Transportation and Communications (MoTC) • Marine Department Boat licensing and all activities in waterways Ministry of Interior (MoI) • Provincial Planning Office Zoning and land use • Provincial Land Office Property ownership and title • Provincial Administration Office (PAO) Various • Tambon (Sub-district) Administration Office Various (TAO) Ministry of Culture (MoC) • Department of Fine Arts Areas or objects of historical significance

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 13 ublic While the government is directly P responsible for implementing and Participation in enforcing environmental laws, individual citizens and communities have rights Environmental to participate in environmental management under both the and Natural Constitution and the Environmental Quality Act. Local governments also Resource have certain rights to manage natural resources under the Tambon Management Administrative Organization Act 1994 and the Provincial Administration Act 1997. These rights are listed in Box 1.

Box 1

RIGHTS TO ENVIRONMENTAL PARTICIPATION

Constitution • Right to access public information • Right to participate in decisionmaking • Right to participate in environmental stewardship • Right to pursue different kinds of legal action

Environmental Quality Act • Right to participate in environmental management • Right to information about environmental issues • Right to take legal action against those who violate environmental laws

14 / nvironmental and Natural Resource E Management in Kuraburi

Land Use

In Kuraburi, land encroachment is a serious issue. Farmers or property squatters have encroached onto government and protected lands and other areas where they are not allowed. People that encroach may be trying to get ownership rights over the land, or simply to use the land for their own purposes. This has become a significant problem. For example, rubber planters sometimes encroach into a national park and cut down the native forest along the hillsides. This creates erosion. When it rains, dirt and soil will flow down into local rivers and streams. Fertilizers and pesticides used to help rubber trees grow will do the same. The polluted waters may harm fish, crab, and shrimp populations as the water flows The government’s out to the mangroves and the sea. It might even harm canal dredging coral reefs that are far off shore, impacting fishermen all project entirely along the coast. destroys the canal ecosystem Other land use issues arise when people that own their © IUCN/ Somsak SOONTHORN- own land try to do things on it that are not allowed. For NAWAPHAT example, a landowner may attempt to build a hotel and resort on his own private land in an area where zoning prohibits tourism development in the area in order to protect other activities like fishing, farming, or forestry. The government manages land use in different ways, either by area-specific zoning that creates zones for different uses, such as conservation, regardless of who owns the land, or by controlling a specified activity such as forestry or agriculture.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 15 Zoning The Phang Nga Environmental Action Plan that applies in Kuraburi establishes a zoning system that includes environmentally controlled areas. Within this, there are general rules – for example, a duty to restore and maintain mangroves – and zone-specific rules. The zone-specific rules are set out in Table 4 and shown on Map 2.

Table 4

PHANG NGA ENVIRONMENTAL ACTION PLAN Zone Prohibited Activities • Waterway trespass except for fishing • Polluting 1. Sea Grass and • Activities that harm coral reefs Coral Reef • Jet skis, water skis, and water scooters Conservation Area • Capturing ornamental fish • Collecting or damaging relics • Mining 2. Natural Resources • Land reclamation (filling) and Mangrove • Polluting Conservation Area • New shrimp farming (existing shrimp farming is permitted) 3. Sea Turtle Egg • Digging, filling, or altering beach areas Laying Protection • Anything affecting sea turtle egg-laying areas Area • Anything harmful to sea turtles and their • Land reclamation • Waterway trespassing • Disposing waste into ocean 4. Sea and Coastal • Commercial shrimp farming (except for licensed Areas Where Filling floating basket operations registered with Royal is Prohibited (NB: Fishery Department) Does not apply to • Setting up signs Kuraburi) • Changing of beach landscape • Driving on the beach • Collecting or destroying archaeological items

• Waterway trespass 5. Sustainable • Disposing waste into ocean Tourism Area • Setting up signs (NB: Does not apply • Changing of beach landscape to Kuraburi) • Driving on the beach

16 / Zone Prohibited Activities • Land reclamation (filling) • Waterway trespass except for fishing 6. Area Outside Areas • Polluting 1-5 • Setting up signs • Collecting or damaging relics

Each province, including Phang Nga, also has a zoning code under the City Planning Act 1975. The zoning code in Phang Nga, called the Comprehensive Plan of Phang Nga Province, creates seven different zoning areas. Each area has special rules for the type of activities and construction allowed. The rules apply regardless of who owns the land. The Phang Nga Provincial Planning Office administers all the local zoning rules. The permitted activities in each of the zones are set out in Table 5.

Table 5

COMPREHENSIVE PLAN OF PHANG NGA PROVINCE Zone Permitted Activities commercial, agricultural, public sector, education, 1. Community Area religion, and infrastructure purposes

2. Industrial Area industry

3. Urban and Agricultural agriculture, tourism, public sector, education, Area religion, and infrastructure

4. Conservation, Urban, for agriculture, public sector, education, religion, and Agricultural Area infrastructure, and environmental protection

5. Environmental tourism, commercial, living, agriculture, public Conservation Area for sector, education, religion, and tourism Tourism infrastructure 6. Protection of environmental protection, fisheries, tourism, and Environmental Quality public benefit and Fisheries Area

protection of the forest, wildlife, water sources, 7. Conservation Forest and other natural systems; land owners can use Area the area for agriculture and single homes, but not for land allocation

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 17 Map 2 Protected Areas Zoning Rules in Kuraburi There are more than twenty laws on forest and land management in Thailand which are implemented by Some of the rules under the Phang several different government agencies. Nga Environmental Action Plan conflict Under these laws the government can with the Phang Nga Comprehensive create protected lands as well as areas Plan. Map 2 shows zones of both the for resource and economic use like Comprehensive Plan for the Phang forestry, agriculture, and commercial Nga and the Phang Nga Environmental plantations. Action Plan and how they overlap.

18 / Different laws create the following types of protected areas: • National Parks created by the National Park, Wildlife and Plant Conservation Department under the National Park Act 1961,

• Wildlife Sanctuaries or No-Hunting Zones created by the National Park, Wildlife and Plant Conservation Department under the Wildlife Preservation and Protection Act 1992, or

• Conservation Zones within National reserved forests created by the Royal Forest Department under the National Reserved Forest Act 1964. National forest reserves may be zoned for other purposes as well. Conservation zones may also be created by plans:

• Comprehensive Zoning Plans created by the Land Planning Office under the City Planning Act 1975,or

Canal and • Provincial Action Plans for Environmental Quality mangrove forest Management created by Provincial MoNRE Offices © IUCN under the Environmental Quality Act.

any protected areas exist in and around Kuraburi, including Sri Phang Nga National Park, MLaem Son National Park, Surin Islands National Park, several conservation zones within national reserved forests, and conservation zones created under the Comprehensive Zoning Plan and Phang Nga Environmental Action Plan. A national park is also proposed for Phra Thong Island and surrounding areas. Other protected areas in nearby districts and provinces include Khlong Naca Wildlife Sanctuary in Ranong Province which borders Sri Phang Nga National Park in northern Kuraburi.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 19 Many laws apply to the management of protected areas, prohibiting various activities. Some of these prohibited activities are noted in Table 6.

Table 6.

ACTIVITIES PROHIBITED IN PROTECTED AREAS National National Parks & Reserve Forest Wildlife Sanctuaries Conservation Zones • Occupying, • Occupying or • Altering possessing, possessing land waterways exploiting, or • Building on land • Removing forest living on land • Clearing or products, includ- • Clearing or burning land ing soil and rock burning land • Hunting or • Allowing • Collecting of endangering domestic animals forest products wildlife • Using guns or • Damaging forest making noise disturbances • Littering or polluting

Penalties for breaking these rules range from imprisonment from six months up to five years and fines from Baht 5,000 up to Baht 50,000, or combinations of these penalties. Conservation and environmental management in protected areas is complicated where the different types of protected areas overlap. Conservation in national parks and wildlife sanctuaries must be consistent with the National Environmental Quality Management Plan. Where a national park and national reserved forest have been declared over the same land, the Department of National Parks and the Royal Forest Department may both prosecute for violations of the rules they administer. If you are concerned about activities in a national park which is also a national reserved forest, you should first contact the Department of National Parks.

20 / ncient relics and monuments are protected by the Department of Fine Arts and Archeology under the Ancient Monuments, Antiques, Objects of Art Aand National Museums Act 1961. In Kuraburi, ancient relics are found on private land at Ban Trium, Ban Bang Wa, Ban Bang Bak, and Coan Ban Row. Ancient relics have also been reported at Khao Khok, however the Department is yet to investigate this site. It is illegal to dig, alter, remove and sell these relics. Any person who finds a relic is obliged to report it to the local Department of Fine Arts and Archaeology. For Kuraburi, this is the Archaeology Office in Phuket. Failure to report is an offence under the Act, and attracts a penalty of 10 years imprisonment and a maximum fine of Baht 1 million if the offence occurs in a registered archaeological site. If the offence occurs in an archaeological site not yet registered, the penalty is a maximum of seven years imprisonment and Baht 700,000.

The government’s canal dredging project entirely destroys the canal ecosystem © IUCN/ Somsak SOONTHORN- NAWAPHAT

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 21 Map 3 Protected Areas and Relics in Kuraburi

shows the protected areas and areas where ancient relics are found in Kuraburi.

22 / ational reserved forests can also be zoned by the Royal Forest Department for economic or agricultural uses under the National Reserved NForest Act 1964. The Royal Forest Department manages land use within National Reserved Forests by zoning the forests for:

• Conservation Purposes – land protected from human activities; • Economic Purposes– areas reserved for commercial plantations and for distribution to farmers; • Agricultural Purposes – deforested areas deemed suitable for agriculture.

Many other rules apply in national reserved forests, for example:

• People can be ordered to leave the forest, remove items, or fix any damage they caused; • Keeping domestic animals is regulated; • Approximately 160 types of pre- served timber cannot be cut down; • Approximately twenty types of forest products which cannot be taken from forests; • The use of imported chainsaws requires a permit.

Serious penalties may be imposed for breaking these rules, Kuraburi estuary ranging from imprisonment from 6 months up to 5 years area.The picture and fines from Baht 5,000 up to 50,000 or combinations of was taken from the these penalties. Khao Pra Mee Peak © IUCN/ Somsak SOONTHORN- There are also rules for forests outside national reserved NAWAPHAT forests. Under the Forest Act 1941, the Royal Forest Department controls the harvesting of forest products on government-owned land, but not private land, depending

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 23 Forest encroachment for agricultural purpose © IUCN/ Somsak SOONTHORN- NAWAPHAT on the type of trees being harvested. Generally, a license is required for logging, drilling, cutting, or burning timber. The Royal Forest Department can also create Transformed Timber Control Areas, where they closely restrict logging. A special license is required to transport timber and for exclusive logging rights over a certain area. However, no licenses are available for logging preserved timber species, which are protected and can never be cut. There are many different regulations that set out more specific rules for transportation, possessing, trading, collecting fees, and protecting certain trees like teaks.

nder the Commercial Forest Plantation Act 1992, people can apply to the Royal Forest Department to create commercial forest plantations on land Uthat they own under the Land Code or on land where they have permission to do so. You must register your plantation, and the government will check to make sure that creating a plantation will not violate any other laws before giving you a permit. You also have to prove that any of the timber you harvest actually comes from your commercial forest plantation, and not some other area.

24 / Land Title System As mentioned carier, in Kuraburi land encroachment is a serious issue. Where people might encroach onto private land, this creates conflict between neighbors, government bodies that issue land titles, or agencies that distribute land among farmers.

The Land Code 1954 sets up the basic rules for land ownership, including how to obtain documents like land titles that guarantee ownership rights from the Land Title Mangrove forest Office of the Land Department. Any land not owned by a area connected to person is considered to be owned by the government. So, territorial forest and mountainous generally, if you do not have title to land, you do not have ecosystem indicates any rights to use it unless someone else gives you permission the abundance of to do so. If you do have title to land, you might still have ecosystems in to follow some rules about what you can do on your land. Kuraburi © IUCN For example, you would have to follow the zoning code.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 25 ne reason that land ownership laws can be confusing is that there are different ways you can obtain title to land, as well as lose that title. OUnder the Land Code, if you have already have title to land, you can lose the land if you do not use it. Usually, the land would have to be unused for ten years before you would lose title. If you want to get title, there are three ways you can do this under the Land Code. First, someone who already has title could transfer it to you. Usually this is what happens when someone buys land. Second, the government can allocate state lands to people. There are many different rules that control this. And third, you can sometimes get title to land if you have already been using it for a long time, and you ask the government to give you title. Under the Civil and Commercial Code, if you have used land for at least ten years, openly and peacefully, you can acquire title to that land.

Under the Agricultural Land Reform Act 1974, the Agricultural Land Reform Office may declare Agricultural Land Reform Areas (ALRA) over land which is: • Common public land able to be used by the community; • Vacant unused public land; • Degraded forests;

26 / • Government public land which may only be used by the government; or • National Reserved Forest subject to a Cabinet Resolution confirming the land is degraded and no longer suitable to be a National Reserved Forest.

The land which has been declared to be ALRA in Kuraburi is shown on Map 2.

Under Section 30 of the act, anyone can apply to the ALRO for title over land within ALRAs to use the land for agriculture. There are many different rules that the ARLO must follow when granting ALR titles. Land granted under ALR titles may only be used for agriculture, and 20% of the land must be forested.

The Land for Livelihood Act 1968 is similar and allows the Royal Forest Department to issue rights to use land, with the exception that land titled under this Act can be used for purposes besides agriculture. This option has not yet been used much in Kuraburi.

f you move onto land and use it when you do not have title or permission, you are encroaching. The State Land Encroachment Committee was created recently Ito address these kinds of problems. Other government bodies may also enforce laws against people who encroach on a case-by-case basis. (left) villagers collect sea shells The government is currently trying to create new rights during low tide for communities to manage their surrounding forests. The © IUCN Community Forestry Act has not been passed, but a bill (right) villagers sew was approved by one house of the National Assembly in Nypha-one example 2007 after more than a decade of debate. Eventually, on of mangrove forest November 4th 2009, the Constitutional Court judged that utilization the bill was not in accordance with the Royal Thai Consti- © IUCN/ Pecthrung tution and therefore failed. SUKPONG

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 27 nder the bill, a community group must have resided in the forest for at least ten years before the law passes in order to obtain community rights Ufrom the Royal Forest Department. They must also follow strict guidelines for protected forests. Opponents say the new law would not do enough to protect farmers, while others say it is a step in the right direction to more local involvement.

Finally, in addition to laws that create rules for different kinds of lands, some laws are meant to help local farmers by providing knowledge. The local Land Development Office helps farmers manage their land under the Land Development Act 2008. This office helps farmers to improve soil and water quality by holding informational workshops for farmers, providing fertilizers, sharing expertise, helping farmers organize into cooperatives, and declaring control areas contaminated by toxic substances.

28 / Fisheries

Thailand’s territorial waters extend to 12 nautical miles from its coast and its exclusive economic zone extends to 200 nautical miles from its coast. Only Thai citizens can fish in those waters, Commercial fishing with some exceptions, under the Act Governing Rights to boat © IUCN Fish in Thai Waters 1939. Fishermen must register fishing boats with the Marine Department under the Thai Vessel Act 1938. In addition, all boats less than 14m long must also be registered with the Provincial Fisheries Office. According to Royal Decree on the Registration of Fishing Activities, Trading of Aquaculture Products and Aquaculture Industry 2490 BE (versions 2-6), there are an additional five kinds of activities that also must be registered with the Fishery Department:

• anyone who uses shell-dredge with basket rake - anyone who runs an aquaculture station for research and developing shrimp species; • anyone who runs shrimp farm businesses in areas larger than 50 rai; • anyone who uses boats less than 50m long; • anyone who uses trap

Types of fisheries include freshwater fisheries, marine fisheries, and aquaculture. The Department of Fisheries manages these fisheries under the Fisheries Act 1947. Other agencies are involved too, including the Department of Marine and Coastal Resources, Marine Department, Royal Navy, and provincial and local governments. In Kuraburi, there are problems including over-fishing and conflicts of interest between different groups of fishermen. There are three basic legal ways to deal with these problems: rules for certain fishing areas through zoning; rules for the kinds of fishing equipment; and requirements for licenses to fish.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 29 Fisheries Zoning There are four kinds of fisheries under the Fisheries Act: preservation fisheries; leasable fisheries; reserved fisheries; and public fisheries. Each type has different rules. Provincial Councils can create these different kinds of fisheries within their province. If they do not do this, then fishing areas will be treated as public fisheries. In Kuraburi, there are no leasable fisheries, but there are three preservation fisheries around Hin Ri Che Liw, Tachai, and Watt Tum Nung. There is are reserved fisheries around Koh Ra where only pearl farming and harvesting requires a license, but there are no longer any pearl reserves at Koh Ra .The rules for different types of fisheries are set out in Table 7.

Table 7

TYPES OF FISHERIES Type General Rules

Preservation • No fishing or cultivating animals Fisheries • Need permission to build, grow (Sanctuaries) crops, or drain water

• Need a concession to fish or cultivate animals, which excludes everyone Leasable else Fisheries • Need permission to build, grow crops, or drain water

• Anyone can fish or cultivate animals, (Fishing but need a license Concessions) • Need permission to build, grow crops, or drain water

Reserved • Anyone can fish or cultivate animals Fisheries

30 / Type General Rules

• Cannot pollute Public • Cannot use poisons, explosives, or Fisheries electricity to fish All • Cannot build dams or reservoirs that block passage of animals

n addition, under the Phang Nga Provincial Environmental Action Plan 2007-2011, there is a species-specific no fishing zone, where over one Ihundred kinds of fish are protected in an Environmentally Controlled Area (shown on Map 4). Specific species are also protected under the Wildlife Act. No fishing is allowed in national parks or wildlife sanctuaries. All responsibility for enforcing species-specific protections under ministerial regulations issued by the Department of Fisheries under the Fisheries Act has now been transferred to MoNRE by Royal Decree on the Transferring of Responsibility and the Administration System of the Public Authorities 2002.

Coastal fishing © IUCN

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 31 Fishing There are no limits on the number of fish that can be taken. There are, however, many special rules fishermen rules have to follow in all areas, including: and • No fishing of sea turtles, dugongs, porpoises and dolphins, giant clams, or coral reef fancy fish (clown equipment fish, for example) is allowed; • No use of chemicals, explosives, or electric stunning without a permit to use these fishing methods; • No fishing during spawning and breeding seasons; • Controls on certain types of fishing equipment, like mesh sizes, areas where it can be used, and use of lights to lure the catch; • Controls on the size of some fish that can be taken. Local fisherman pushes sergestid There are a range of penalties for breaking these rules shrimp (small including imprisonment for up to six months and a fine of shrimp) © IUCN up to Baht 10,000 or both.

32 / Fisheries Licensing

All fishermen have to get fishing licenses and licenses for certain fishing equipment from the provincial offices of the Department of Fisheries. In Kuraburi this is the Provincial Office in Thai Pramong Jang Wat. Based on these licenses, trawl and push net fishermen are only allowed to fish beyond 3000m from the shoreline, while other fishing methods are limited to areas within 3000m of the shoreline (according to Ministerial Notification 20 1972). Map 4 shows the boundaries between these ‘commercial’ fisheries and ‘local’ areas, according to the type of fishing equipment permitted.

Under the provincial regulations, in some areas the ‘local’ fishing zone is expanded from 3000m to 5400m (in Phuket, Surathani, Trang, Krabi and Prachuab Kiri Kan). In Pattani, the area has been expanded to 8000m. These changes require a referendum in the local communities. In Phang Nga, information has been obtained from the local communities to determine whether to make a similar change, but such a change has not been made yet and the ‘local’ fishing zone remains 3000m.

The Department of Fisheries will usually grant licenses as long as you pay the fees. No license is needed for equipment not covered under the regulations. The equipment listed in Box 2 is prohibited within 3000m. However, different government agencies that patrol and check the licenses might understand the rules differently. Sometimes Box 2 an agency might want you to have a license for fishing equipment that technically Fishing Equipment Prohibited inside does not need a license, but 3000 m is still similar to equipment that does. • Pair trawl with bag and tools • Push net • Push net • Sergestid shrimp push net • Every kind and size of nets used by motorized fishing boats • Shell harrow or similar equipments used with motorized fishing boats

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 33 Map 4 Fisheries and Aquaculture Rules in Kuraburi shows the fisheries and aquaculture rules in Kuraburi, including the 3000mboundary between the use of commercial fishing equipment and local fishing equipment, and species-specific protection zones under the Phang Nga Provincial Environmental Action Plan.

34 / A quaculture The Department of Fisheries directly manages aquaculture through the Fisheries Act. All aquaculture in a public fishery has to meet the following requirements:

• Pens and cages required • Cannot block navigation • Cannot create a public nuisance • Conditions have to be suitable for aquaculture • Local government approval required • Boundaries must be marked and inspections must be allowed • Licensing for a maximum of five years • No Environmental Impact Assessment (EIA) is required Coastal aquaculture Shrimp farms in particular also must obtain from the © IUCN provincial office of the Department of Fisheries Provincial Office in Thai Pramong Jang Wat:

• Specific approval; • Registration of their ponds; • An annual license.

Many people worry about pollution caused by shrimp farms. Shrimp farms larger than 50 rai must:

• Maintain effluent treatment areas or sedimentation ponds not less than 10 percent the total pond area; • Keep effluents within certain limits.

Inland shrimp farming of black tiger prawns is currently banned under the Cabinet Resolution of July 7 1998, and new commercial shrimp farming is also prohibited in

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 35 the Natural Resource and Mangrove Conservation Zone which covers much of western Kuraburi until 2011 under the Phang Nga Environmental Action Plan. Shrimp farming existing before the creation of this plan in 2007 is still permitted.

erious penalties may be imposed for breaking these rules for shrimp farming and other types of aquaculture including imprisonment for up to six Smonths and a fine of up to Baht 10,000 or both. Various other rules apply to shrimp farms under the Drug Act 1967, Animal Feed Control Act 1992, Navigation in Thai Waters Act 1913, the Enhancement and Conservation of National Environmental Quality Act 1992, and the National Forest Reserve Act 1964. Many of these include additional water pollution controls.

Coastal aquaculture © IUCN

36 / Water pollution is a key issue in Water Kuraburi. In particular, water pollution around Kuraburi pier caused by fishing-related activities (for example, Pollution and petrol, sewage and formaldehyde discharge) is seriously impacting the Water Quality nearby sea grass beds and the local dugong communities. Under the regulation of MoNRE dated 10 April 2549, all piers in Thailand used for fishery purposes are a point source of pollution and must be controlled. This regulation is empowered by Section 69 of the National Environmental Shrimp farm ponds Quality Act. The Kuraburi pier has along the coastline been designated a ‘Point Source of © IUCN Pollution’ under this act.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 37 Thailand has water pollution standards that limit the amount and kind of pollution allowed. There are two kinds of standards under the National Environmental Quality Act. They are:

(1) water quality standards that apply to specific kinds of water; and (2) effluent standards that apply to specific kinds of polluters.

Table 8 sets out the types of water for which water quality standards apply and the types of activities for which effluent standards apply.

The Pollution Control Department is in charge of monitoring these, which are important for many water pollution issues in Kuraburi, including pollution caused by fertilizers, pesticides, shrimp farms, wastewater and sewage, and erosion.

Table 8

WATER POLLUTION STANDARDS IN THAILAND

Water Quality Effluent Standards Standards • Drinking Water • Industrial • Coastal Aquaculture • Surface Water • Building • Brackish Aquaculture • Coastal Water • Housing Estates • Inland Aquaculture • Groundwater • Gas Stations • Pig Farms • Water for • Industrial Pollution • Discharges into Irrigation Freshwater Control Facilities Systems Organisms

At the provincial level, provincial MoNRE offices are required to prepare and implement Provincial Action Plans for Environmental Quality Management in accordance with the guidance set out in the Environmental Quality Plan.

38 / hen all the rules and standards are taken together, almost all water pollution is illegal unless it is within limits or there is special Wpermission from the Pollution Control Department. Some other rules that apply include:

• No dumping any waste into water bodies under the Act for the Cleanliness and Orderliness of the Country 1992; • No dumping pollutants, hazardous substances, or oil into waterways under the Navigation in Thai Waterways Act 1913. Under the same act, permission is required to dump or fill anything into a waterway, including simple things like rocks; • Pollution from factories is controlled under the Factories Act 1992; • Nuisances from water pollution, like odors or fumes, are controlled under the Public Health Act 1992; • No dumping garbage and no polluting irrigation canals under the Royal Irrigation Act 1942; • Water pollution from buildings is controlled by the Building Control Act 1979; • No water pollution in national parks or wildlife sanctuaries under the National Park Act 1961 and the Wildlife Preservation and Protection Act 1992; • No marine pollution in certain areas of Kuraburi under a MoNRE notification effective through 2011.

Construction activities along waterways that might cause erosion are regulated by the Marine Department under the Navigation in Thai Waterways Act 1913 through local Tambon councils. Tambons also control dredging activities in local waterways, and protection for the banks of waterways like building walls along riverbanks. These activities directly affect water quality since they can cause sedimentation.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 39 Wild Animals and Plants

The Wildlife Preservation and Protection Act 1992 Water Onion flower (Wildlife Act) provides for wildlife conservation law in © IUCN/ Pecthrung Thailand and allows the National Parks, Wildlife and Plant SUKPONG Conservation Department to create protected areas for wildlife called wildlife sanctuaries, and to protect specific kinds of animals.

Protection in Protected Areas

There are several rules inside wildlife sanctuaries, including: • No hunting • No disturbing animal nests • No disturbing wildlife in any way • No occupying land • No cutting trees or clearing plants • No mining or excavating • No changing or damming waterways • No entry without permission

The penalties for breaking these rules include imprisonment for up to three years and fines of up to Baht 30,000 or both.

40 / Wildlife is similarly protected in all national parks, whether they be on land or out at sea. Sri Phang Nga National Park and Surin Islands National Marine Park are in Kuraburi, while Laem Son National Park, Khao Sok National Park, Klong Na Ka Wildlife Sanctuary and Klong Seang Wildlife Sanctuary are nearby.

ertain wildlife rules also apply in national forest reserves under the National Reserved Forest Act 1964. In these areas, no one may take forest Cproducts out of national forest reserves without a license. These include plant products like leaves, flowers, and many different kinds of plants like orchids, grasses, sedges, Water Onion flower reeds, and floating ferns, and animal products like carcasses, from underwater eggs, skins, horns, tusks, bones, hair, feathers, nests, and © IUCN/ Pecthrung droppings. SUKPONG

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 41 Species -specific Protection

Some plants and animals are even protected outside of wildlife sanctuaries and national parks. One of the ways this is done is through hunting rules. No one can shoot wildlife when it is dark, no one can hunt animals near monasteries or temples, and the government can set up special no-hunting areas. Another way this is done is by protecting particular kinds of wildlife. Under the Wildlife Act, there are two lists of animals that are protected by certain rules: preserved species and protected species. No one can hunt, propagate, possess, or trade these animals unless they have special permission from MoNRE. Key endangered species in Kuraburi include the hornbill, dugongs, sea turtles, and nearly two hundred other species. There are a range of Terrestrial tortoises serious penalties for breaking any of these rules including at Khao Mae Nang up to four years imprisonment and/or fines of up to Baht Khao 40,000. Other notifications and regulations provide even © IUCN/ Somsak more protections for wildlife. There are special Department SOONTHORN- NAWAPHAT of Fisheries regulations that protect sea turtles, dugongs, dolphins, and many different kinds of fish. There are also special MoNRE rules that protect certain fish and protect certain beaches for sea turtles. People cannot change the beaches in any way that might affect sea turtles negatively, nor can they harm sea turtles or their eggs. Map 5 shows the areas in Kuraburi where there are special rules to protect animals and plants.

42 / Wildlife and Plant Protection Map 5 Rules in Kuraburi

Thailand regulates the international trade, import, and export of wildlife and wildlife products under the Conventional on the International Trade in Endangered Species of Wild Fauna and Flora (CITES). This is an international agreement that gives certain protections to certain kinds of species, depending on how rare they are in the wild. The less common they are, the stricter the laws protecting them. Thousands of different plants and animals are protected under CITES, including a number of rare orchids found in Kuraburi. Thailand became a party to CITES in 1973, and has since passed two key acts to implement the convention: the Wildlife Preservation and Protection Act 1992 and the Plant Species Act 1992. These acts amend earlier acts to include provisions that incorporate CITES appendices into the legislation.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 43 Community Rules

Several villages in Kuraburi use community rules to manage their own natural resource and environmental issues. These are rules created at the local level by agreement or tradition. They do not carry the authority of the government. Instead, people decide to follow them voluntarily because the rules will benefit the whole community. In Kuraburi, many local communities use community rules. They have rules about fishing, forests, hunting, and pollution. In many cases, the rules that communities use are very similar or identical to government laws and rules and are used where the government does not enforce its own rules.

In Kuraburi, the communities that have formed community conservation groups with community rules to manage their environment and natural resources include: Bang Lah, Bang Thip, Thung Dab, Thung Ma Deur, Thung Nang Dam, and Thung Rak, Bang Wah. These community conservation groups are working with the Department of Marine and Coastal Resources in coastal resource management issues.

Several of these communities have formed the Kuraburi Environmental Network. The Network is currently working to create rules that all the member communities will follow. While the agreement has not been finalized, some of the communities that Water Onion are part of the monitoring and network are survey by the already following youth group the proposed © MFF/ Minna rules. EPPS

44 / Box 3 Box 4

The Kuraburi Rules of ommunities in Kuraburi Environmental Network Environmental Network

Member Communities • No pushnets or trawls • Bang Lah • Nets cannot be placed across the • Thung Ma Deur entire width of mangrove canals • Thung Nang Dam • No dynamite fishing, cyanide fishing, • Bang Wa or other harmful fishing methods • Thung Rak • No fishing methods that use sound • Bang Thip to scare fish are allowed • Marine animals cannot be harvested Communities which intend to in their breeding seasons, especially become network members October through December • Ban Thung Dap • No dumping garbage into mangroves • No dumping chemicals, oil, or other pollution

Ban Bang Lah already follows the rules of the Kuraburi Environmental Network, and works with the Department of Marine and Coastal Resources to sponsor local patrols.

In addition, Ban Bang Lah has established a crab bank. Anyone who catches a crab with eggs has to put it in a protected area. Once the crabs release their eggs, they may be let out of the protected area.

Mangrove trees are protected and may only be cut down for small-scale construction, and only if a new tree is planted. Anyone who wants to remove a mangrove tree must get permission from the community’s Conservation Group. If one tree is removed, five new trees must be planted, preferably immediately. Trees may also be replaced after removal, during community conservation activities.

Ban Bang Lah also has community fishing rules: • no use of chemicals, explosives, or electric stunning guns in any circumstances – no exceptions; • certain controls on type of fishing equipment, like mesh sizes - not in Kuraburi and only in Kumphuan,

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 45 Ranong and Ban Nam Khem, Takuapa; • certain controls on use of lights to lure catch – at Kura, Khao Mae Nang Khao and Koh Prathong.

Ban Bang Tip has been active in community conservation for more than 10 years. It forbids land encroachment into watersheds, protects 6000 rai of mangroves, and already follows the rules of the Kuraburi Environmental Network. A community committee has been formed which is composed of representatives of those with interests in fisheries and forestry. Some of the rules include: • prohibited fishing equipment including push nets, trawling nets, nets with less than two-inch mesh, and poison; • trees may not be cut down in the watershed area; • only certain areas of the mangrove forest may be used – community utilization zones. Anyone who wants to cut down a mangrove tree, must plant 10 trees to replace it.

Ban Thung Rak has created two conservation management areas of. The first is a “no use” zone linked to the Buddhist tradition of aphayathan. Outside of this zone, people must get community permission before they cut down any trees, and the Kuraburi Environmental Network rules apply to the entire community. Thung Rak is also active with the Department of Marine and Coastal Resources in promoting local patrols. Fish floating baskets © IUCN The Thung Dab, Thung Ma Deur and Thung Nang Dam communities also use community rules to manage their natural resources and environment but have not yet joined the Kuraburi Environmental Network.

Ban Thung Dab has created three different protected zones: a preservation zone; a community mangrove zone; and rehabilitation zone. No hunting or fishing is allowed in the preservation zone, the trees there may only be cut

46 / down with permission from the community, and oil pollution is not allowed. The community mangrove zone is more open to use, but with restrictions including: no fishing with poisons; no cutting trees in order to sell the wood; and no fishing with nets in certain areas.The rehabilitation area is an area of mangroves that was destroyed by the tsunami and is which is now being replanted with mangrove seedlings.

Ban Thung Ma Deur has created a mud crab conservation zone in their community. Crabs with eggs that are caught must be placed in the conservation zone where they are protected until they release their eggs. Crabbing in the main crab canals is allowed only during May and June and is closed off for the rest of the year. People may not trawl for shellfish or cut down mangroves, unless the wood is used for small-scale Fish conservation construction in the village. People who cut down mangrove zone sign © IUCN trees must plant new ones either immediately after cutting down a tree or later, during community conservation activities.

Ban Thung Nang Dam has a community conservation zone off the coast. In this area, fishing from boats with engines is prohibited from 1 February through 30 April. Fishing is allowed during the rest of the year as long as fishermen use legal fishing gear. Prohibited fishing equipment includes a fishing lure with small net (bad sai yea ta tee). No one may catch or take rare marine animals and plants. In the nearby mangroves, no one may catch crabs carrying eggs, and no one may use trawling nets.

The areas where these communities are applying their community rules are different from the areas of community forests which are being created by the Royal Forest Department to allow communities to manage their surrounding forests.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 47 Community Rules Map 6 and Community Forests in Kuraburi shows the areas where these communities apply their community rules, the areas where community forests may be created by the Royal Forest Department under the Community Forest Act, and existing national parks and national forest reserves.

48 / TAKING ACTION Who Can Help Me? Different government agencies are responsible for different environmental issues. Sometimes, it can be confusing to know who to contact for help. The answer is not always clear. The best thing to do is to contact the agency you think is responsible for handling your problem. They can either answer your questions, or direct you to a different agency with more expertise Young fishermen in that matter. Your local district or in coastal area provincial government administration © IUCN office should also be able to help.

A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 49 Table 9 gives some starting points

RESOURCES Problem Who to Contact Land Encroachment into National Park Office National Park Land Encroachment into Wildlife Sanctuary Office Wildlife Sanctuary Land Encroachment in a Royal Forest Department or Department of Marine Forest Reserve & Coastal Resources Logging Royal Forest Department, National Park Office, or Wildlife Sanctuary Office Land Titles and Ownership Provincial Land Office Zoning Provincial Planning Office Fisheries Department of Fisheries or Department of Marine & Coastal Resources Water Pollution Pollution Control Department or Department of Marine & Coastal Resources

Activities in Waterways Marine Department Wildlife Wildlife Sanctuary Office, National Park Office, Department of Fisheries, or Department of Marine & Coastal Resources Community Rules Local headman for that community General Environmental Ministry of Natural Resources & Environment Questions

What Else Can I Do?

You can also report environmental violations using the internet. Simply visit the following websites for more information:

• http://petition.mnre.go.th/ePetition/addPetitionWeb Action.do • http://www.1111.go.th/Default.aspx

If you do not have access to a computer, you can also call “Green Call 1310” to have questions answered about environmental problems and to report violations.

50 / Laws and rules create structures for managing natural resources. Only by understanding these rules will communities know their rights, know their responsibilities, and know how best to engage the government to create sustainable solutions. IUCN Asia Regional Office 63 Sukhumvit Soi 39 Sukhumvit Road, Wattana, Bangkok 10110 Tel. +66 2 662 4029 Fax. +66 2 662 4387 www.iucn.org/thailand