The Problem of Destructive Fishing Practices in Thailand: An Analysis within the Framework of Environmental Law and Resource Management

Abstract

This research article examines the empirical realities and underlying issues of destructive fishing practices in Thailand. Drawing on environmental principles, concepts, and theories, as well as environmental law, the study explains and analyzes this phenomenon as it manifests within Thai society. A qualitative research approach was adopted, employing documentary research methods that draw on relevant literature, including books, textbooks, dissertations, and academic articles from both domestic and international sources. In addition, the researchers conducted focus group discussions with experts and purposively selected participants to gather accurate and relevant data, which were subsequently analyzed using content analysis techniques.

The findings indicate that destructive fishing remains a persistent and unresolved problem in Thai society, one that requires sustainable solutions. Specifically, the current fisheries management system is characterized by a top-down, state-dominated approach, with limited opportunities for community or public participation in resource management. Furthermore, legislative measures have often been expedited to satisfy the requirements of international organizations rather than to address the needs of domestic stakeholders, resulting in inadequate public participation. Although some large corporations have begun to embrace corporate governance principles and the “polluter pays” principle—alongside efforts to adopt more participatory and environmentally sustainable practices—significant concerns persist. In particular, the draft Fisheries Act (B.E. …), proposed by the National Fisheries Association of Thailand in collaboration with the Pheu Thai Party, has drawn critical scrutiny from scholars, who question the extent to which the proposed legislation can effectively address the problem of destructive fishing.