Legal Measures for the Prevention and Suppression of Illegal Importation of Invasive Alien Aquatic Species

Abstract

This research consists purposes were 1. to study the concepts and theories related to legal measures for the prevention and suppression of the illegal importation of invasive alien aquatic species 2. to compare Thai and foreign laws related to legal measures for the prevention and suppression of the illegal importation of invasive alien aquatic species, including the limitations in the enforcement of Thai and foreign laws and 3. to analyze current legal problems in Thailand related to legal measures for the prevention and suppression of the illegal importation of invasive alien aquatic species and 4. to suggest guidelines for amending, improving and developing legal measures for the prevention and suppression of the illegal importation of invasive alien aquatic species. This study is documentary research, examining relevant principles, concepts and theories and comparing Thai and foreign laws before analysis. The findings indicate that 1) From the perspective of the Convention on Biological Diversity, fundamental principles have been established for managing the problem of invasive alien aquatic species by recognizing the sovereign rights of states over their biological resources 2) At present, Thailand’s legal measures concerning the management of invasive alien aquatic species consist merely of the enforcement of provisions under various laws administered by different governmental agencies with distinct powers and responsibilities, such as the Department of Fisheries, the Customs Department and the Marine Department. Consequently, law enforcement lacks efficiency and unity 3) The problem of illegal importation of invasive alien aquatic species, which are subsequently released into natural water sources and spread throughout aquatic ecosystems, such as sucker fish, cherry snails and blackchin tilapia, has caused adverse impacts on ecosystems and biodiversity, including competition for food resources, predation and destruction of native aquatic species and the extinction of aquatic animals and 4) It is therefore recommended that Sections 65 and 144 of the Royal Ordinance on Fisheries B.E. 2558 (2015) be amended, and that ministerial notifications of the Ministry of Agriculture and Cooperatives be issued to expand the definitions so as to cover the prevention and suppression of importation. In addition, aquatic species lists should be expanded to enable the classification of species that may adversely affect ecosystems, in order to ensure legal provisions correspond directly to liabilities arising from the illegal importation of invasive alien aquatic species.