Notification of Ministry of Agriculture and Cooperative on Advance Request for Port Entry and Designated Ports of Non-Thai Fishing Vessel Wishing for Entry into the Kingdom B.E. 2564 (2021)

Unofficial Translation Notification of Ministry of Agriculture and Cooperative on Advance Request for Port Entry and Designated Ports of Non-Thai Fishing Vessel Wishing for Entry into the Kingdom B.E. 2564 (2021) By virtue of section 95 of Royal Ordinance on Fisheries No. 2 B.E. 2558 revised by the Royal Ordinance on Fisheries (No.2) B.E. 2560, the Minister of Agriculture and Cooperatives, hereby issued the Notification as follows: Clause 1. The following shall be repealed: ;1Ϳ Notification of Ministry of Agriculture and Cooperative on Advance Request for Port Entry and Designated Ports of Non-Thai Fishing Vessel Wishing for Entry into the Kingdom B.E. 2560 dated 9th November 2560. (2) Notification of Ministry of Agriculture and Cooperative on Advance Request for Port Entry and Designated Ports of Non-Thai Fishing Vessel Wishing for Entry into the Kingdom (No. 2) B.E. 2561 dated 23rd November 2561. Clause 2. In this Notification: vNon-Thai fishing vesselw �means the fishing vessel, not registered to be entitled to fly the flag of Thai in accordance with law on Thai vessel, which used for fishing or transshipment ,except for the container carrier. � Clauseǰ3. Any person who wishes to bring a Non -Thai fishing vessel for entering into the Kingdom ,shall provide the information according to a request form for foreign fishing vessel entering port and prior submit documents accompany to a request form to the competent official pursuant to the requirements attached to this Notification as follows: �1� Fishing vessel flying the flag of Cambodia and Malaysia shall provide the information pursuant to a request form for the port entry of foreign fishing vessel and prior submit documents accompany to a request form to the competent official at least 3 hours before time of entry into the Kingdom and in any case, shall in advance request for port entry before entering port. (2) Fishing vessel flying the flag of Myanmar shall provide the information according to a request form for the port entry of foreign fishing vessel and prior submit documents accompany to a request form to the competent official pursuant to the time periods to notify as follows: (a) at least 6 hours before time of the port entry for fishing vessel of 10 gross tonnage and above. (b) at least 2 hours before time of the port entry for fishing vessel less than 10 gross tonnage In any case, must be in advance before the port entry into the Kingdom. (3) Fishing vessel, flying the flag of Indonesia, shall provide the information pursuant to a request form for the port entry and prior submit the documents accompany to a request form to the competent official at least 12 hours before time of port entry into the Kingdom and shall in advance request for the port entry before entering port. (4) Fishing vessel, flying the flag of India, shall provide the information pursuant to a request form for the port entry and prior submit the documents accompany to a request form to the competent official in accordance with the time periods to notify as follows: (a) at least 36 hours before time of the port entry for the departure of vessel from the Andaman and Nicobar Islands. (b) at least 72 hours before time of the port entry for the vessels above (a) (5) Fishing vessel not flying the flag under paragraph (1) (2) (3) and (4) shall provide the information pursuant to a request form for the port entry of foreign fishing at least 72 hours before time of the port entry. In any case, must be in advance before a vessel entering a port. Clause� 4. The competent official shall verify the information provided under clause 3 and notify the master or vessel agent in accordance with the following schedules: (1) within 1 hours after receiving advanced request for the port entry or before time of the port entry into the Kingdom¤ in case of vessel flying the flag of Cambodia and Malaysia whichever is faster. (2) for vessel flying the flag of Myanmar: (a) within 3 hours after receiving notification of the port entry or before time of the port entry into the Kingdom, whichever is faster,�in the case of vessel of 10 gross tannage and above. (b) within 2 hours after receiving notification of the port entry or before time of port entry into the Kingdom, whichever is faster, in the case of vessel less than 10 gross tonnage (3) within 6 hours after receiving notification of the port entry or before time of the port entry into the Kingdom, whichever is faster, in the case of vessel flying the flag of Indonesia. (4) within 24 hours or before the time of port entry into the Kingdom in the case of vessel not flying the flag under (1) (2) and (3) Clause� 5 The fishing vessel granting entry into a port whether or not to import the fish or fish products into the Kingdom, shall enter a port for inspection at the port as prescribed under a list of designed ports attached to this Notification. � In the case of fishing vessel under paragraph one cannot enter port for inspection at the port as prescribed under a list of designed ports attached to this Notification ,due to the restricted of geographic areas or the water level ( rising tide and falling tide), a vessel owner ,a master or ship agent shall notify the competent official of the Department of Fisheries to designate a suitable anchorage position which must be the port that registered as a fishing port under the Royal Ordinance Fisheries B.E. 2558 and the fishing vessel shall be anchored at the anchorage position as designated by the competent official. When the competent official has already inspected a fishing vessel as prescribed under paragraph one or two, shall perform as follows: �1� In the case of fishing vessel flying the flag of Cambodia, Malaysia, Myanmar and Indian , coming from the Andaman and Nicobar Islands and wishing to bring the fish and fish products into the Kingdom, shall be transshipped at a port that registered as a fishing port under the Royal Ordinance Fisheries B.E. 2558 as notified pursuant to the request form for the port entry of foreign fishing vessel. (2) In the case of fishing vessel, not flying the flag under (1), there shall be transshipped at the port in accordance with a list of designated ports attached to this Notification. (3) In the case of Non-Thai fishing vessel, not bringing the fish and the fish products into the Kingdom, there shall be conducted the activities in accordance with the purposes of port entry at the registered fishing port under the Royal Ordinance of Fisheries, or a business place or� shipyard or vessel beam registered under a responsible agency as notified in accordance with a request form of the port entry for foreign fishing vessel. Clause�6. This Notification shall come into force after the expiration thirty days as from the date of its publication in the Government Gazette. Given on 27th May, B.E. 2564 Chalermchai Sreeon Minister of Agriculture and Cooperatives The Documents accompany to a Request Form for the Port Entry of Foreign Fishing Vessel Category I: Fishing Vessel (except for vessel flying the flag of Cambodia Malaysia or Myanmar of less than 10 gross tonnage) Vessel authorized to fish in the areas of flag States or coastal States or in the high seas or areas of management competence of Regional Fisheries Management Organizations, shall submit the following documents: 1. Copy of a valid certificate registry from the flag State, issued by a government agency. 2. Copy of a valid fishing license from the flag State and/or coastal State. 3. Copy of the stowage plan on board, specified species, quantity of fish and assigned hold number. 4. Copy of the port clearance of the last port call, issued by a competent official, specified GHWDLOV�VXFK�DV�SRUW¶V�QDPH��SRUW�State and departure date. 5. Copy of an identification card of captain or vessel master card and/or a certificate�certified a status of captain or master of such vessel, issued by a responsible agency. 6. Copy of an import permit of the species under CITES appendices, in a case of importing the species under CITES appendices. 7. Any documents requested by flag States, coastal States, port States or relevant Regional Fisheries Management Organizations (if any). Category II: Bulk Cargo Vessel not flying the flag of Cambodia, Malaysia, Myanmar or Indonesia Bulk cargo vessel or transport ship or carrier of fish which transshipped from a catching vessel at sea or at an authorized port or transshipped from a port or refrigerated cargo at sea, shall submit the following documents: 1. Copy of the valid certificate registry from the flag State, issued by a government agency. 2. Copy of a valid transshipment license from the flag State and/or coastal State and/or Regional Fisheries Organizations and/or other relevant organizations which covers areas of transshipment activities. 3. Copy of a transshipment declaration, specified FDUULHU� YHVVHO� ¶V� QDPH�� GRQRU� YHVVHO¶V� QDPH�� VSHFLHV� DQG� TXDQWLW\� RI� ILVK� DQG� WUDQVVKLSPHQW� SHULRG�� LVVXHG� E\� a government agency or agency, which certified by State, responsible for controlling such port or certified by a competent official and/or Regional Fisheries Organizations responsible for controlling such port and in case of transshipment at sea, certified by observer on board. 4. Copy of the stowage plan on board, specified species, quantity of fish, name of donor vessel and assigned hold number. 5. Copy of the port clearance of the last port call, issued by a competent official ZKLFK�VSHFLILHV�WKH�GHWDLOV�VXFK�DV�SRUW¶V�QDPH��SRUW�VWDWH�DQG�GHSDUWXUH�GDWH� 6. Copy of an identification card of captain or vessel master card and/or a certificate� certified the status of captain or master of such vessel, issued by a responsible agency. 7. Copy of an import permit of the species under CITES appendices, in a case of importing the species under CITES appendices. 8. Copy of a valid certificate registry of the donor vessel, issued by a government agency of the flag State. 9. Copy of a valid certificate registry of the donor vessel, issued by the flag State, and/or coastal State which covers areas of harvesting. 10. In the case where submission not accompanied by documents under clause 8 and 9, there shall be accompanied by documents that verified fish on board, specified name of transshipment and fishing vessel, certificate registry, fishing license, fishing ground, fishing period, species, quantity of fish of each donor vessel, issued by a responsible government agency or agency that certified by State, such as catch certificate, etc. 11. Any documents requested by the flag States, coastal States, port States or relevant Regional Fisheries Management Organizations (if any). Category III: All sizes of transshipment vessel or transport ship/carrier of fish of 10 gross tonnage and above, flying the flag of Cambodia, Malaysia, Myanmar or Indonesia. All sizes of transshipment vessel or transport ship/carrier of fish of 10 gross tonnage and above under Cambodia, Malaysia, Myanmar or Indonesia flag, which receiving fish from the donor vessel of the same flag State and harvesting in the flag State waters, or under the authorization of other coastal States or in the high seas or areas of management competency of Regional Fisheries Management Organizations, shall submit the following documents: 1. Copy of a certificate registry of transshipment vessel, transport ship/carrier of fish issued by a government agency. 2. Copy of a valid transshipment license, transport ship/carrier of fish, issued by the flag State¶V agencies (if any). 3. Copy of a type of documents as follows: 3.1) documents that verified fish on board, specified transshipment, YHVVHO¶V� QDPH��WUDQVSRUW�VKLS�FDUULHU�RI�ILVK�DQG�ILVKLQJ�YHVVHO¶V�QDPH��certificate registry, fishing license, fishing ground, species and quantity of fish of each donor vessel, issued by a responsible government agency or agency that certified by State. 3.2) copy of a transshipment declaration or transport/carrier of fish , specified FDUULHU�YHVVHO� ¶V�QDPH��GRQRU�YHVVHO¶V�QDPH��DUHDV�RI� WUDQVVKLSPHQW�WUDQVSRUW� VSHFLHV� and quantity of fish, transshipment transport/carrier of fish period, issued by a government agency or agency which certified by State, responsible for controlling such port and in case of transshipment at sea, certified by observer on board and copy of certificate registry and copy of valid fishing license of all donor vessel issued by a government agency.. 4. Copy of the stowage plan on board, specified species, quantity of fish, name of donor vessel and assigned hold number. 5. Copy of the port clearance of the last port call, issued by the competent official, specified GHWDLOV�VXFK�DV�SRUW¶V�QDPH��SRUW�States and departure date. 6. Copy of an identification card of captain or vessel master card and/or a certificate� certified the status of captain or master of such vessel, issued by a responsible agency. 7. Copy of an import permit of the species under CITES appendices, in a case of importing the species under CITES appendices. 8. Any documents requested by the flag States, coastal States, port States or relevant Regional Fisheries Management Organizations (if any). Category IV transport/ fish carrier less than 10 gross tonnage, flying the flag of Cambodia, Malaysia Myanmar or Indonesia A vessel, that not used for fishing or transshipment of less than 10 gross tonnage, flying the flag of Cambodia, Malaysia, Myanmar and Indonesia, which transporting the fish that sorted packed and weighed from the country of consignment, from a port under the same flag State, shall submit the following documents: 1. Copy of a valid certificate registry from the flag State, issued by a government agency. 2. Documents certified fish on board: 2.1) In case of fish coming from fishing in the high seas: any documents, specified FDUULHU¶V�QDPH�DQG�ILVKLQJ�YHVVHO¶V�QDPH��certificate registry, fishing license, species, quantity of fish, fishing ground, time period of each donor vessel, issued by a responsible government agency or agency that certified by State. 2.2) In case of fish not coming from fishing under subparagraph 2.1: copy of notification to get the goods from a place of origin or copy of export entry or certificate for export fish and fish products issued by a government agency 3. Copy of documents authorized for the port clearance of the last port call, issued by a competent official having a responsibility for control a port. 4. Copy of an import permit of species under the CITES appendices, in a case of importing the species under CITES appendices. 5. Any documents requested by the flag States, coastal States, port States or relevant Regional Fisheries Management Organizations (if any). Category V Fishing Vessel that does not wish to import or transit the fish and fish products into the Kingdom. Non - Thai Fishing vessel, not wishing to import the fish and fish products into the kingdom but enter a port for other purposes, such as for vessel repairs, refueling, resupply of food and ice, shall submit the following documents 1. Copy of a valid certificate registry from flag State, issued by a government agency. 2. Copy of documents authorized for the port clearance of the last port call, issued by a competent official having a responsibility to control a port. 3. Copy of an identification card of captain or vessel master card and/or a certificate�certified a status of captain or master of such vessel, issued by a responsible agency. 4. Fixing plan that specified details of port, category of fixing, time period (in the case of fixing the hulls, engines, communication radio or any equipment on board) 5. Any documents requested by the flag States, coastal States, port States or relevant Regional Fisheries Management Organizations (if any). DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE DEPARTMENT OF FISHERES SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXTS AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE