LEGAL MEASURES FOR THE PROTECTION OF NESTING AREAS OF LEATHERBACK TURTLES IN THAILAND

Abstract

           Habitat is a critical factor for the survival and continuity of species, particularly for migratory wildlife such as the Leatherback turtles (Dermochelys coriacea). As one of the seven sea turtle species worldwide and one of the five found in Thailand, the Leatherback  turtles faces a dire situation. Current data indicates that fewer than ten nesting females visit Thai shores annually. Furthermore, records from the Department of Marine and Coastal Resources (DMCR) reveal that during the 2024–2025 period, only three nests were recorded on Thai beaches. The species is currently on the brink of extinction due to several factors: the use of fine-mesh fishing nets, disturbances from marine activities, increasing marine debris, global warming, and the degradation of suitable coastal nesting habitats.

          Consequently, this article aims to examine whether existing legal mechanisms and measures are appropriate and sufficient to protect Leatherback turtles nesting grounds, specifically those located on beaches outside of designated protected or conservation areas. At present, the majority of Leatherback turtles nesting grounds in Thailand fall outside these protected areas. This study explores potential legal frameworks to establish adequate protection for such areas if current measures are found lacking.

          The methodology involves a comprehensive analysis of existing conservation measures both within and outside protected areas as prescribed under Thai law, including the National Park Act B.E. 2019, the Wild Animal Conservation and Protection Act B.E. 2019, the Royal Enactment on Fisheries B.E. 2015, and the Promotion of Marine and Coastal Resources Management Act B.E. 2015. Furthermore, the study integrates environmental theories and current state policies to propose flexible and appropriate legal measures for the protection of these nesting grounds.

          The findings suggest that current legal mechanisms are insufficient to protect Leatherback turtles nesting grounds, particularly on beaches outside protected areas. Therefore, this article proposes urgent conservation measures: the Director-General of the DMCR should exercise authority under Sections 3, 17, and 27 of the Promotion of Marine and Coastal Resources Management Act B.E. 2015 to issue departmental orders establishing specific protection measures for nesting grounds outside protected areas. Additionally, powers under Sections 22 and 23 should be invoked to seek Cabinet approval for broader marine resource protection measures. For long-term solutions, the author recommends designating these nesting grounds as Other Effective Area-Based Conservation Measures (OECMs). Such a designation would ensure the efficiency of nesting ground conservation while fostering sustainable coexistence with local stakeholders in the affected areas.