Thailand has moved ahead with a proposed rollback of its fisheries reforms, with a drafting committee in the country expected to approve the changes on 23 June and enforcement likely to follow the next month.
Several organizations have warned the move may allow illegal, unreported, and unregulated (IUU) fishing to proliferate and may negatively affect trade between Thailand and its major trading partners.
Thailand originally instituted changes to its fisheries system after the U.S. Department of State downgraded Thailand to Tier 3 – the lowest rating – in its 2014 Trafficking in Persons (TIP) report. The following year, the European Commission issued a yellow card warning to Thailand, indicating shortcomings in combating IUU fishing.
Due to measures Thailand swiftly put in place to rectify problems, the E.C. lifted its yellow card warning in January 2019. The U.S. State Department upgraded Thailand to the Tier 2 Watchlist in its TIP report in 2016, with ratings fluctuating between Tier 2 and Tier 2 Watchlist since then.
However, Thai fishing groups, particularly the National Fisheries Association of Thailand (NFAT), have contended it's no longer profitable to operate in the country's seafood industry. The changes imposed excessive financial and bureaucratic burdens and the penalties for IUU fishing are both overly harsh and ineffective, NFAT said.
Eight drafts of amendments to the country’s Fisheries Act have been submitted by the Cabinet of Thailand following input from several political parties. Thai Parliament unanimously passed the drafts during their first reading in February 2024, reflecting bipartisan support for the rollbacks.
According to the Environmental Justice Foundation (EJF), several concerning articles across the eight drafts would undermine transparency, sustainability, and labor protection achievements made over the past eight years.
The Move Forward Party’s (MFP) draft is considered the “most extreme,” according to the EJF, containing such actions as reauthorizing at-sea crew transfers, relaxing regulations on catching protected marine animals, and eliminating requirements for seaman books that log the whereabouts of migrant fishers.
Concerning measures in other drafts include reauthorizing at-sea transshipments and removing the requirement for real-time vessel-monitoring system locations, according to the NGO.
Apart from the proposed rollbacks, Thai governmental offices have already issued a number of subordinate regulations (SRs) – legally binding regulations which become effective immediately upon signing.
Since the start of 2024, Thailand’s Ministry of Agriculture and Cooperatives, in collaboration with the Thailand Department of Fisheries, have signed 15 SRs into law, ranging from the removal of restrictions on using destructive and previously banned fishing gears to eliminating the requirement for fishing vessels to be marked while at port or not engaged in fishing activities; reducing vessel-monitoring systems’ reporting frequency; relaxing logbook reporting regulations; shifting from real-time requirements to daily reporting within a 24-hour period; raising the number of permitted fishing days for all vessel groups; and permitting previously blacklisted or locked vessels to re-register and resume operations.
“The sheer number of SRs enacted which degrade transparency or relax regulations designed to inhibit IUU fishing draw into question Thailand’s existing commitments to ensure Thai fisheries’ management protocols adhere to international traceability regulations,” EJF said. “Several of the SRs also conflict with the procurement or traceability requirements of leading seafood conglomerates and associations.”
In a recent analysis, EJF warned that within four years of Thailand’s upcoming rollback of fisheries reforms, its seafood trade to five countries, as well as the E.U. bloc, is likely to face increasing regulations aimed at screening and potentially preventing market access.
As of 2022, the U.S. was the largest destination for seafood from Thailand, buying THB 46.1 billion (USD 1.3 billion, EUR 1.2 billion) worth of seafood, followed by Japan at THB 38.7 billion (USD 1.1 billion, EUR 975 million), China at THB 17.9 billion (USD 490 million, EUR 450 million), Australia at THB 12 billion (USD 327.9 million, EUR 301.3 million), the E.U. at THB 8.4 billion (USD 231.3 million, EUR 212.5 million), and Canada at THB 8.2 billion (USD 224 million, EUR 205.9 million).
Together, seafood exports from Thailand to these markets were worth nearly USD 3.6 billion (EUR 3.3 billion) in 2022.
The changes also potentially reopen the door to systemic IUU fishing and human rights abuses within the Thai fleet, thereby impacting the entire value chain, EJF said in an open letter after a recent meeting held between EJF, Oceana, Europêche, and others.
The EJF specifically warned about the rollback’s potential impacts on negotiations for a free trade agreement (FTA) between Thailand and the E.U.
In March, Thai Prime Minister Srettha Thavisin Thailand said his country hoped to finalize negotiations regarding the FTA with the E.U. in 2025, the Bangkok Post reported.
In response, the Market Advisory Council (MAC) – an E.U. organization that provides recommendations to the European Commission and E.U. member nations on matters relevant to the market regarding fishery and aquaculture products – warned the deal may be put at risk due to the growing differences between the E.U. and Thailand in regard to social, economic, and environmental sustainability standards.
The MAC advised the commission to more heavily scrutinize Thai fishery products, such as tuna, and potentially exclude these products from trade negotiations.
Additionally, the council urged the E.U. to apply strict rules of origin and emphasized the critical importance of ensuring a level playing field and policy consistency for domestic producers.
“In the face of this possible regressive and damaging step from the Thai authorities, the [E.U.] must remain vigilant and ensure that the E.U.’s trade aspirations strengthen, rather than undermine, its anti-IUU fishing policies, nor provide trade facilities to Thailand under these circumstances,” EJF said.
EJF Regional Director Dominic Thomson said his organization has also raised concerns about Thailand’s proposed rollback of fisheries reforms to the U.N. Human Rights Council and that it will continue to engage with Thai authorities to delay the approval process of the proposed fisheries reforms.
Thomson said EJF is working to alert global seafood processors and importers to the significance of the changes being made by Thailand.
