Gutting the fisheries law could sink Thai exports and impoverished fishermen, critics warn.

Concern is growing that Thailand's new fisheries law will drag the country backwards, making it more vulnerable to human trafficking and endangering its multibillion-baht seafood export industry.

“If Thailand's ranking in the US State Department's human trafficking rankings [TIP] The report goes to level 3, it is going to be difficult to go back up,” said Thanaporn Sriyakul, director of the Institute of Politics and Policy Analysis.

She expressed her concerns after Parliament approved in principle the proposed amendments to the Fisheries Act 2017 and seven related bills presented by the Cabinet. The proposal, currently being examined by an ad hoc committee, will be sent back to Parliament for deliberation next month.

Key changes

The amendments, if approved, will reduce penalties for violating fishing laws. Under the current Fisheries Act, any trawler operating in a conserved area is liable to a fine ranging from Bt300,000 to Bt35 million, depending on the size and capacity of the vessel. But if passed, the proposals would reduce this fine to Bt50,000-1 million.

The changes would also allow crew lists to be recorded electronically. While the idea fits with the growing digital trend, critics say it could open a legal loophole allowing migrant workers to be employed on fishing boats in slave-like conditions.

The proposal also allows fishing catches to be offloaded offshore with the assistance of another vessel.

Critics point out that if fishing boats don't have to return to port to deliver their catch, their crews won't be able to get proper shore leave. In other words, crew members may be required to work at sea for weeks or even months.

Additionally, the proposed amendments will reduce the size of the inshore fishing zone in certain areas, putting pressure on artisanal fishermen who are already feeling the effects.

The law change would also remove the blanket ban on nets with mesh sizes smaller than 2.5 square centimeters.

The proposal has sparked an outcry among environmentalists, who say small-mesh nets indiscriminately destroy young sea creatures that are the basis of future stocks and the sustainability of the marine ecosystem.

Finally, if successful, the proposal would remove Article 4 on the protection of labor rights from the Fisheries Act.

Human trafficking, economic woes

Thanaporn says Thailand could end up being demoted in the next U.S. TIP report if proposed changes to the fisheries law are passed.

“Once the rating is downgraded, the country will face higher trade barriers,” he explained.

The US State Department moved Thailand from the Tier 2 watch list to Tier 2 in 2022, stating that while the Thai government “does not fully meet minimum standards for the elimination of trafficking, it is deploying significant efforts to achieve this.

Being placed on the Tier 2 Watch List meant Thailand was subject to certain trade barriers.

Estimates suggest that Thai exports of seafood and fishery products were worth more than 200 billion baht in 2022.

According to Adisorn Kerdmongkol of the Migrant Working Group, around 60% of these exports go to countries with serious commitments to labor rights and environmental protection.

“So if Thailand puts labor rights or the environment at risk, its economy will be affected,” he explained.

Amendments to the current Fisheries Act, introduced to combat human trafficking, would significantly increase the risk of labor rights violations, he added.

“If the catch can be delivered to shore via another vessel, each fishing boat will be able to work at sea for 60 to 90 days per trip.

In this case, the right of fishermen to vacation and well-being could be threatened,” he stressed.

The government's point of view

Minister of Agriculture and Cooperatives Thamanat Prompow defended the decision to change fishing laws. He argued that the amendments are necessary to keep pace with the changing context and address the plight of hardworking fishermen.

“Our goal is to fight illegal, unreported and unregulated fraud. [IUU] fishing without endangering artisanal fishing,” he declared.

The proposal, for example, adds the definition of artisanal fishing to the law and aims to remove the ban on artisanal fishermen from moving away from coastal areas.

“We will even allow nets with mesh sizes of less than 2.5 square centimeters,” he confirmed.

Meanwhile, the artisanal fishermen category would only be open to Thai nationals.

The law change would also allow fishermen and fishing boat owners to acquire fishing licenses even if they have violated the fishing law.

Thamanat said any sanctions in such cases would only apply to the vessel involved in the crime, ensuring that fishermen or operators owning more than one vessel could continue to earn a living.

'Caution is necessary'

At a recent academic seminar, Phenpiccha Jankomol of the Migrants Working Group said she had no objection to updating the fisheries law according to the changing context, but was opposed to lowering legal protections for workers.

“The fishing industry is rife with reports of workers unable to access their identification documents, struggling to get their wages and facing physical attacks,” she said.

“These complaints are in addition to work-related accidents and deaths [in fishing].”

Adisorn Promthep, advisor to the Thai Tuna Industry Association, said the proposed amendments would violate the United Nations Convention on the Law of the Sea (UNCLOS) and World Trade Organization (WTO) guidelines. .

“If our country defies WTO guidelines, we could be hit with retaliatory measures,” he said.

Speaking at the same seminar, Pruksa Singahapol of the Environmental Justice Foundation said the amendments, if approved, would be a step backwards for Thailand.

Kritsada Boonchai, a panel member of the Assembly of NGOs for the Protection and Conservation of the Environment and Natural Resources, said the proposal focused on “outdated capitalism” at the expense of sustainability and equity .

“Essentially, this will enable destructive operations that promote commercial fishing while destroying biodiversity and the ecosystem,” he said.

Piya Tedyam, president of the Thai Fishermen's Federation, lamented that the proposal would reduce fish populations and end artisanal fishing.

“We speak loudly, but you don’t seem to be listening,” he said.

By Thai PBS World General Office