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Bangkok Post March 15, 1998. Anglin



Bangkok Post March 15, 1998. Angling for an agreement

FISHING DISPUTE: Army chief Gen Chettha Thanajaro holds the key to the 
Andaman Sea, where joint Thai-Burmese fishing ventures will resume if 
talks between the two sides are successful.
SUPRADIT KANWANICH

Even today, Thai eyes do not exactly sparkle with pleasure when speaking 
of matters Burmese. Apart from historical reasons, current headlines 
spotlight the activities of illegal Burmese workers, unauthorised 
logging and the like, as well as conflicts related to fishing. Army 
Commander-in-Chief Gen Chettha Thanajaro is trying to reopen the 
lucrative Thai fishing industry in Burmese waters. However, Gen Chettha 
must deal with the long-running love-hate relationship between the two 
countries. He must consider lessons from the past, but his minions may 
be overwhelmed by today's cultural, political, and economic pressures 
(see "Stormy Seas" on page 3).

Burmese waters are very attractive to Thai fishermen: 2,832 kilometres 
of coastline, 486,000 square kilometres of Exclusive Economic Zone and a 
continental shelf measuring 228,781 square kilometres. Thai fishermen 
say that they can triple their catch in Burmese waters compared with 
Thai waters.

The reopening of joint fishery ventures between Burma and Thailand is 
the key item in the agenda of forthcoming talks between Gen Chettha and 
the officers of Burma's State Peace and Development Council (SPDC).

The general is well aware of many of the painful incidents that marred 
the joint fishery ventures of the past, such as fishermen being 
incarcerated for encroachment, businessmen jailed for breach of 
contract, crewmen indicted for murder, stolen fishing trawlers, 
confiscated boats and machinery, piracy, and seajacking.

His Burmese counterparts also have their own versions of these 
experiences. However, the past is past, and a team of experts and 
government officials in Gen Chettha's team have gathered much 
information on the topic.

They have only one goal: to get the stagnant Thai fishing industry 
moving once more.

Solutions for past pains: "First of all," Gen Chettha said, discussions 
would consider "fundamental elements of justice and fairness."

"Any agreement has to be honoured by both parties so we can share in 
long-lasting benefits . . . Profits will be fairly divided and there 
will be negotiation on a government-to-goverment basis for better 
control."

Gen Chettha said any violation should be considered an "individual or 
personal offence" and punishment will be harsh.

Gen Boonsak Kamhaengrithirong, secretary-general of the National 
Security Council, suggested that regulations for Thai and Burmese waters 
and fishing procedures should be updated.

According to Wanchai Saengsuk-iam, chairman of the Thai Overseas 
Fisheries Association (TOFA), Burmese waters are full of marine 
resources. Many favour the revival of Thai-Burmese fishery ventures.

The term "fishing rights" refers to the fee that owners of Thai trawlers 
must pay to Burmese authorities. This fee is for a permit; the amount is 
based on a trawler's gross and the length of time fishing is permitted.

The payment of fishing rights requires control and supervision, 
essential for lasting fishery ventures between the two countries.

Ranong Fisheries Association chairman Arun Thaveephan said demarcation 
of the Thai and Burmese nautical border should be well-marked.

Several Thai trawlers have been captured in the overlapping zones off 
Thai and Burmese shores.

"The governments of both countries should handle the joint fishery 
ventures," Mr Arun said, "rather than allow broker companies who charge 
a brokerage fee of up to 40,000 baht a month for each trawler to do 
this."

He said the fishing rights should be paid in Thai currency and paid to 
Burmese authorities through letters of credit.

"This will prevent poaching. Boat owners can afford to pay royalties in 
Thai currency," he said.

Suggestions from a joint commission: At a recent meeting of the 
Thai-Burma Joint Commission in Bangkok, Mrs Arphon Manasvanich, deputy 
director of the Thai Foreign Ministry's East Asia Department, said, 
"Burma has been informed that, in the event of joint ventures in 
fisheries, Thai fishing companies should have large fishing fleets. Most 
of Thai fishing trawlers are either medium or small."

She also recommended the reorganisation of the regulations pertaining to 
Thai trawlers.

"The demarcation problem remains around Larm, Khan and Khi Nok islands 
off Ranong," Mrs Arphon said.

Mr Thammarong Prakobboon, director-general of the Fisheries Department, 
said that private groups want to enter into joint fishery agreements 
with Burma. "I recommend that trawlers in the venture be registered in 
Thailand.

"I also recommend that concession areas be clealy indicated. The crews 
should be 20 percent Thai. I also recommend that Burmese permits be 
honoured in either country."

Dr Plodprasop Suraswadi, secretary-general of the Agricultural Land 
Reform Office and former fishery chief, suggested a new joint fishing 
venture structure. His suggestions have been adopted by a company formed 
by the Fish Marketing Organisation (FMO), which focuses on private and 
government sectors.

However, the Border Fishery Coordinating Centre in Thai-Burmese Waters 
(BFCC) reported that Burmese authorities charged concession fees in US 
dollars. The negotiations to renew the joint fishery venture should be 
made at government levels.

The report also mentioned that Burmese minorities demanded protection 
fees from Thai fishing boats and trawlers.

Burmese authorities have divided concession areas into four regions (see 
map):

1. The Tennesserim area: under the jurisdiction of the Southern region 
military commander, to which the Burmese Fisheries Department has 
granted permits to 200 fishing trawlers.

2. The Mon area: in the upper south of Burma.

3. The Rangoon or Irrawaddy region: in which the Burmese authorities do 
not control the number of fishing trawlers.

4. The Arakan region: under the Northwestern region military commander, 
in which 100 foreign fishing trawlers have been permitted five miles 
offshore.

At the joint commission meeting, Mrs Suphis Bussayarath, a 
representative of Thai fishing companies in Burma, said Burmese 
authorities have softened their formerly strict stance on fishing 
controls. However, they remain lax in the enforcement of the size of the 
mesh in fishing nets.

"Fines have been decreased to US$3,000 for fishing outside permited 
areas," she said, "and the fishing crews should have a maximum of five 
Thais.

"Boats that have been screened by the BFCC may raise the Thai flag," she 
added, impling that unauthorised boats raising the Thai flag may face 
legal punishment.

Mrs Suphis raised the issues of financial loss incurred as a result of 
the current exchange rates, such as when royalty fees have to be paid in 
US dollars. She also underscored the threats of Burmese minorities, the 
problem of falsified documents such as "seaman's books" (the ID booklet 
that each crew member is required to carry), and how to control over 300 
Thai fishing trawlers registered in both countries.

Working committee: Finally, a working committee to study joint 
Thai-Burmese fishery ventures was set up with repesentatives from the 
TOFA, fishing companies in Burma, the Thai Fisheries Department, the 
BFCC, the Royal Thai Navy, the FMO and the Thai Foreign Ministry.

In two weeks, the committee will submit recommendations on the direction 
of the fishery business in Burma to Gen Chettha and the Cabinet.

To ensure total coordination Thailand is to organise a central 
organisation composed of the FMO, the TOFA and the Thai private sector. 
This group will be the principal and sole agency involved in fishing 
negotiations with Burma.

Thailand suggested that Burma set up a similar organisation.

Thailand agreed to provide cooperation and support in the development of 
fishery technology. Thailand is also in favour of joint marine patrols 
by Thai-Burmese naval forces, with regular contact and coordination.

Thai officials will prepare a manual for fishing in Burmese waters, 
including "do's and don'ts" for Thai fishermen.

When joint fishery ventures between Burma and Thailand commence, the 
Ranong Fisheries Association says that its members would rather pay 
concessions fees in Thai currency than dollars, and they would like to 
be able to trade their catch inside Burma.

The association said that Thai trawlers weighing less than 70 tons gross 
(or those carrying up to 350 100-litre barrels) had been charged $8,500 
for a one-year conncession fee at a rate of 55 baht to the dollar. This 
is supposed to stop unofficial joint ventures.

They want the fee to be lowered, or to be charged at an exchange rate of 
30 baht to the dollar.

Owners of about 150 small Thai fishing trawlers in Ranong are at their 
wits end, their businesses almost in the red. They want authorities to 
negotiate with Burmese authorities for a lower concession fee.

Border demarcation: Thai and Burmese authorities are equally concerned 
about the demarcation disputes over a strip of 45 nautical miles near 
Surin Island off Ranong, which in the past has been the source of 
disputes between Burmese authorities and Thai fishermen.

Regulations must be fine-tuned to control fishing trawlers which go to 
Ranong then into Burmese waters where illegal fishing occurs most often.

A report by the Thai Overseas Fisheries Association highlighted the 
Burmese officials' sluggish handling of entry and exit documents of Thai 
fishing trawlers and crewmen.

"When a number of boats must be checked by an insufficient number of 
officials, and the procedures involve several Burmese authorities and 
offices in various locations, the process becomes complicated," the 
report said.

"When problems arise, officials wait for instructions from higher ups 
for days before making decisions," it added.

The various regulations in Burma confuse trawler operators and owners. 
Some have been charged with violating Burmese law. Others have been 
stopped and their fishing nets confiscated.

Thai fishermen also complain of extortion by Burmese officials, whether 
on land or in water. Inspection officers grab consumables, essentials, 
and even money, wristwatches and gold ornaments from crewmen. Resisting 
crewmen are physically assaulted, they say.

Suggestions from the fisheries department: The Fisheries Department has 
proposed an expansion of the permitted fishing area. If violations 
persist, it said, the penalty should be hefty fines, temporary 
suspension of fishing or revocation of the fishing licence.

Loading and unloading of the marine catch to and from the trawlers and 
the supply ships cannot be carried out until the Burmese authorities are 
notified of the date and location, it said.

In addition, trawlers will have to notify Burmese authorities of their 
entry into and exit from Burmese waters. Violators will be punished.

Thai and Burmese governments will be required to screen broker 
companies, fishermen and businessmen.



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