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    Regulatory Updates

    Marine Vessel and Fishing Licensing in Thailand

    Thailand's Marine Department and Department of Fisheries regulate vessel registration, captain licensing, and commercial fishing. Foreign-owned fishing operations are heavily restricted; yacht and pleasure-craft registration follows separate rules. This guide covers both regimes and the post-IUU reform landscape.

    5/17/202610 min read read
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    fishing
    Marine-Department
    Department-of-Fisheries
    IUU
    yacht-registration

    TL;DR

    Marine activity in Thailand splits into two regulatory tracks: vessel registration and seafarer licensing under the Marine Department (กรมเจ้าท่า) and the Thai Vessels Act B.E. 2481 (1938); and commercial fishing under the Department of Fisheries (กรมประมง) and the Royal Ordinance on Fisheries B.E. 2558 (2015). Foreign-owned fishing operations are prohibited under the Foreign Business Act B.E. 2542 (1999), and Thailand's IUU (Illegal, Unreported, Unregulated) fishing reforms following the 2015 EU yellow card created a strict commercial-fishing compliance regime including PIPO (Port In Port Out) reporting and vessel monitoring. The yellow card was lifted in 2019.

    The Marine Department (กรมเจ้าท่า)

    The Marine Department (กรมเจ้าท่า), under the Ministry of Transport, regulates vessel registration, navigation, ports, and seafarer licensing. Principal statutes:

    • Thai Vessels Act B.E. 2481 (1938) — vessel registration, ownership, mortgage.
    • Navigation in Thai Waters Act B.E. 2456 (1913) — navigation rules, ports, pilotage, traffic.
    • Promotion of Maritime Transport Act B.E. 2521 (1978) — promotion of Thai-flagged shipping.
    • Seafarer Act B.E. 2562 (2019) — modern seafarer welfare and licensing framework consistent with the Maritime Labour Convention 2006.

    Vessel Registration — Thai-flagged vs Foreign-flagged

    The Thai Vessels Act B.E. 2481 (1938) governs Thai-flag registration. Two ownership categories:

    CategoryOwnership requirementUse
    Thai-flagged commercial vesselOwner must be Thai citizen or Thai-majority company (70% Thai for commercial fishing under the Fisheries Ordinance)Commercial transport, fishing, tour boats
    Thai-flagged pleasure craft (yacht/private)Thai citizen or Thai-majority company; foreigners may register via Thai company structurePrivate yachts, leisure boats
    Foreign-flagged vessel in Thai watersRegistered under foreign flag; subject to Port State ControlInternational transit; foreign-owned yachts visiting Thai waters

    For foreign owners of yachts and pleasure craft, the typical structures are: (a) Thai-majority company holding the vessel, with foreign beneficial owner; (b) foreign-flagged registration (e.g., Cayman, BVI, Marshall Islands) with temporary import/cruising permits for stays in Thai waters; (c) for charter operations, the BOI's marine-tourism categories permit certain promotions.

    Captain and Seafarer Licensing

    The Seafarer Act B.E. 2562 (2019) implements Thailand's commitments under the Maritime Labour Convention 2006 (MLC 2006) and the STCW Convention (Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended). Seafarer competency certificates are issued by the Marine Department after training and examination at Marine Department-approved institutions. Categories include:

    • Master (Captain) — at various tonnage and trade-area levels.
    • Deck officer — Chief Officer, Second Officer, Third Officer.
    • Engineer officer — Chief Engineer, Second Engineer, etc.
    • Rating (deckhand, ordinary seaman, AB).
    • Specialist endorsements — tanker, passenger ship, etc.

    For pleasure-craft operation, smaller boats may be operated without full STCW certification; the Marine Department issues simpler pleasure-craft operator certificates for boats below defined tonnage and within coastal limits.

    The Department of Fisheries (กรมประมง) and Commercial Fishing

    The Department of Fisheries (กรมประมง) under the Ministry of Agriculture and Cooperatives regulates commercial and recreational fishing. Principal statute is the Royal Ordinance on Fisheries B.E. 2558 (2015), replacing the older Fisheries Act B.E. 2490 (1947). The Ordinance was issued in response to the EU's 2015 yellow card on Thai fishing and modernised the regime substantially. Key features:

    • Vessel licensing — commercial fishing vessels must be Thai-flagged (70% Thai ownership minimum), licensed for specific fishing zones, gear types, and target species.
    • Vessel Monitoring System (VMS) — mandatory for commercial vessels above 30 gross tonnes; tracks position and alerts authorities to unauthorised activity.
    • PIPO (Port In Port Out) reporting — commercial vessels must report at designated PIPO centres before departure and on return, providing crew lists, catch records, and fishing logs.
    • Crew management — strict rules on crew composition, including limits on foreign crew and requirements for documented employment (responding to historic forced-labour concerns).
    • Catch certification — required for export, particularly to the EU and US markets.

    Foreign Ownership Restrictions in Fishing

    Commercial fishing is one of the most restricted sectors for foreign investment:

    • Foreign Business Act B.E. 2542 (1999), List 1 — fishing is reserved for Thai nationals (List 1 is the strictest category — absolute prohibition on foreign business activity).
    • Royal Ordinance on Fisheries B.E. 2558 (2015) — commercial fishing vessels must be at least 70% Thai-owned; foreign nationals cannot be the master of a Thai-flagged commercial fishing vessel.
    • BOI promotion — generally not available for fishing operations themselves; downstream activities (processing, aquaculture, R&D) may be BOI-promotable but capture fishing is not.

    This regime effectively excludes foreign investors from primary fishing operations. Foreign investment in the fisheries sector concentrates on aquaculture (farmed seafood, separate licensing), seafood processing (food licensing, FDA), and trading/export.

    Yacht and Pleasure-Craft Registration

    Yacht and pleasure-craft registration follows separate rules under the Thai Vessels Act and Marine Department regulations:

    • Thai-registered yacht — Thai citizen or Thai-majority company ownership. Common structure for foreigners.
    • Foreign-flagged yacht visiting Thailand — temporary import permission under Customs Department procedures; Thai cruising permits issued by the Marine Department.
    • Charter operations — chartering pleasure craft commercially requires commercial vessel registration, captain licensing, and possibly a Tourism Authority of Thailand (TAT) tourism business licence under the Tourism Business and Guide Act B.E. 2551 (2008).
    • Marina berthing — separate marina licensing; some marinas in Phuket and the eastern seaboard operate as bonded zones simplifying foreign-yacht stays.

    The IUU Reform — EU Yellow Card to Lift

    In April 2015, the European Commission issued Thailand a yellow card under the EU IUU Regulation (Council Regulation (EC) No 1005/2008), citing inadequate control of illegal, unreported, and unregulated fishing. The yellow card threatened EU market access for Thai seafood. Thailand responded with the Royal Ordinance on Fisheries B.E. 2558 (2015), the establishment of the Command Centre for Combating Illegal Fishing (CCCIF), the PIPO system, VMS mandates, and labour-rights reforms. The European Commission lifted the yellow card in January 2019, recognising Thailand's substantial reform. Compliance obligations remain in force and are actively enforced by the Department of Fisheries and the Marine Department.

    Common Mistakes

    Avoid these traps:
    • Foreign-owned company attempting to register a fishing vessel. The 70% Thai ownership rule under the Fisheries Ordinance and List 1 of the FBA make this a non-starter; nominee structures are increasingly prosecuted.
    • Operating a yacht charter without commercial registration. Private-use registration does not permit paid charter; commercial registration, captain licensing, and TAT tourism licence required.
    • Failing PIPO reporting. Commercial fishing vessels missing PIPO check-ins face heavy fines, licence suspension, and VMS-triggered enforcement.
    • Confusing aquaculture with fishing. Aquaculture has different licensing under the Fisheries Ordinance and Department of Fisheries; foreign investment is more accessible.
    • Operating foreign-flagged vessel in Thai waters past the temporary import limit. Customs and Marine Department enforcement is active; overstays trigger seizure risk.

    FAQs

    1. Can a foreigner own a Thai-flagged commercial fishing vessel?

    No. The Royal Ordinance on Fisheries B.E. 2558 (2015) requires at least 70% Thai ownership; the FBA List 1 reserves fishing for Thai nationals. Nominee structures are illegal and increasingly prosecuted.

    2. Can a foreigner register a Thai-flagged yacht?

    Not directly, but via a Thai-majority company. The company can be 49% foreign / 51% Thai; the company owns the vessel. Alternatively, foreigners often register yachts under foreign flags (Cayman, BVI, Marshall Islands) and obtain Thai cruising permits for visits.

    3. What is PIPO?

    Port In Port Out — a system requiring commercial fishing vessels to report at designated PIPO centres before departure and on return. Records include crew lists, fishing logs, catch records. Failures trigger fines and suspensions.

    4. Can a foreigner captain a commercial fishing vessel in Thailand?

    No. The master of a Thai-flagged commercial fishing vessel must be a Thai citizen under the Royal Ordinance on Fisheries B.E. 2558 (2015) and Marine Department licensing rules.

    5. What charter licences do I need for a tourist boat operation?

    Commercial vessel registration under the Thai Vessels Act B.E. 2481 (1938); captain certification by the Marine Department; tourism business licence from the Tourism Authority of Thailand under the Tourism Business and Guide Act B.E. 2551 (2008); insurance per current Ministry of Transport requirements.

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