Laws to promote environmental sustainability of oceans and seas

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1 Laws to promote environmental sustainability of oceans and seas Laws regulations and other measures for conservation and sustainable use of living marine resources and biodiversity including those beyond national jurisdiction Dhana Yingcharoen Department of Marine and Coastal Resources Thailand

2 2 Living marine and coastal resources Mangrove Coral Sea grasses Fish Endangered marine organisms

3 3 Laws for conservation of living marine resources 1. National reserved forest act 1964 (38 sections) 2. National parks Act 1961 (30 sections) 3. Wild animal reservation and protection Act 1992 (70 sections) 4. Fisheries Act 2015 (1947) (74 sections) 5. Promotion of marine and coastal resources management act 2015 (30 sections)

4 4 Laws for protection of the environment 1. The enhancement and conservation of the national environmental quality 1992 (115 sections) 2. Hazardous substance act National tourism policy act 2008

5 Area beyond national jurisdiction Allocation of Land for Social Justice Act, 1954 Navigation in Thai Waters Act, 1913 Tourism Act, 1979 Fisheries Act, 1947 Enhancement and Conservation of National Environment Quality Act, 1992 Sanitary District Laws Land Reform for Agriculture Act, 1992 Land for Livelihood Act, 1968 City and Town Planning Use Act, 1914 Land Pattern for Agriculture Use Act, 1975 City and Town Planning Act, 1975 Land Code of Thailand, 1954 The Wild Animals Reservation and Protection Act, 1992 National Forest Reserves Act, 1964 Forest Act, 1941 Land Development Act, 1983 National Park Act, 1983 Minerals Act, 1967 Petroleum Act, 1971 Promotion of Marine and Coastal Resources Management Act, 2015 Sea Foreshore or tidal flat Sand dunes Wetland Land Hinterland

6 6 use of living marine resources The laws are to promote conservation and sustainable use of living marine resources and comply with international convention such as UNCLOS, CBD, MARPOL, SDG, UNEP-GPA CITES etc.

7 7 1. National reserved forest act 1964 (Mangrove) Section 4 Forest means marsh, canal, swamp, waterway, lagoon, Island and sea shore including mangrove in which nobody acquired by law Section 14 Within the national reserved forest, no person shall hold or possess land, make a construction, destruct or burn forest, do logging, collect forest product, or do any matter what so ever with purport to harm or decay a condition of national reserved forest

8 8 1. National reserved forest act 1964 Section 15 A person may do logging or collecting forest product after receiving license from competent officer or by time to time permission of a competent officer of each national reserved forest However, for mangrove forest (1991), logging or collecting forest product is not allowed in any case. Penalty Any person who violates section 14 shall be liable to imprisonment for a term during 6 months to 5 years, and to a fine during 5,000 baht to 50,000 baht

9 9 2. National parks Act 1961 (Endangered Species) Section 16 Within the national park, no person shall: Hold or possess land, destruct or burn forest, do any matter what so ever with purport to harm or decay soil, stone, pebble, or sand, take vehicle in or out, take off or land aircraft without permission of competent officer, take any equipment for animal hunting or catching without permission, shoot the gun, make loud noise, lit garbage etc.

10 10 2. National parks Act 1961 Section No person shall move, damage, or make useless landmark sign post or other signal material provided by competent officer, and shall comply with an order of competent officer Competent officer shall have the power to order a person who violate a provision to leave national park or if the violator build construction or do something that change the national park condition, a competent officer shall have the power to destroy or demolish such building.

11 11 3. Wild animal reservation and protection Act 1992 (Mangrove, coral, sea grasses, fish) Section 4 Wild animal means all kinds of animals either terrestrial or aquatic fowls, insects or arthropods which naturally exist, or things which originated from or are found by nature and able to sustain life in the forest or water and includes insects eggs of all kinds of wild animal but excludes the beasts of burden which have been registered in accordance with the beasts of burden code and its reproduction thereof :

12 12 3. Wild animal reservation and protection Act 1992 Section 16 No person shall hunt or attempt to hunt the preserved or protected wild animal Section 19, 20 No person shall keep in their possession preserved or protected wild animal and their carcasses or carcass products or trade in preserved or protected wild animal and their carcass or collect or keep in their possession nests of preserved and protected wild animal.

13 13 4. Fisheries Act 2015 (1947) Section 4 Aquatic animal means animals that inhabit or have one part of their life cycles in water or inhabit in inundated area such as fish, shrimps, crabs, horseshoe crabs, mollusks, tortoises, turtles, crocodiles, coral coralline etc.

14 14 4. Fisheries Act 2015 (1947) Section 7 Provincial council will be established to make notification determining within their province (preservation fisheries, leasable fisheries, or reserved fisheries) Section 19 No person shall pour, throw away, drain or lay in the fisheries such poisonous substance or do any act that stupefies the aquatic animal.

15 15 5. Promotion of marine and coastal resources management act 2015 Section 3 Marine and coastal resources means things that exist naturally in the marine and coastal area including marsh, coastal wetland, mangrove ditch, lake, river mouth, estuary, as well as the area that influence by sea water such as mangrove, beach forest beach, island, sea grasses, coral, plant, and marine animal

16 16 5. Promotion of marine and coastal resources management act 2015 Section 12 and 16 Establishing provincial councils and coastal communities to have their own action plans. This will give right to the people to protect their own marine and coastal resources The first time that plan can be made from bottom up. Which will also response to the policies and strategies that designed from top down.

17 17 5. Promotion of marine and coastal resources management act 2015 Section 17 Give right to DMCR to protect marine and coastal resources by providing power to order person who cause damage to marine and coastal resources to stop such action temporary and if that action severely damage the resources, DMCR shall makes all attempt to stop the damage and force those who cause the damage pay for cleaning cost.

18 18 5. Promotion of marine and coastal resources management act 2015 Section 18 to 23 Give right to DMCR to declare mangrove conservation area and also to establish marine protected area where it is appropriate to protect and conserve marine and coastal resources that severely damage and in danger for extinction.

19 Thank you