The Lawyers Council is preparing to file a lawsuit in the case of the ‘Black-chinned Tilapia’ in 2 courts on August 16.

Bangkok, The Lawyers Council is preparing to file a lawsuit over the spread of black-chinned tilapia in Thailand, suing both the importing company and the state agency overseeing it. It will file a complaint with the Civil Court's Environmental Division and the Administrative Court by August 16. Mr. Wichian Chubthaisong, President of the Lawyers Council under Royal Patronage, Mr. Sanyaphatchara Samart, Vice President for Operations, Mr. Sunthorn Phayak, Secretary-General of the Lawyers Council, Mr. Weerasak Chotiwanich, Vice President for Technology and Information, Public Relations Committee and Deputy Secretary-General, Mr. Paiboon Yaem-em, Vice President for Welfare and Benefits, Lt. Somchai Amin, Chairman of the Environmental Subcommittee for Litigation and Operations, Mr. Pramet Daendongying, Vice Chairman of the Administrative Litigation Committee, Mr. Phuthai Klinjun, Vice Chairman of the Administrative Litigation Subcommittee, and Mr. Chaiyuth Rattanapanthi, Vice Chairman of the Administrative Litig ation Committee jointly held a press conference on the enforcement of the law on the outbreak of the black-chinned tilapia in Thailand. The president of the Lawyers Council revealed that the Lawyers Council under Royal Patronage, by the Environmental Committee, received a complaint letter from villagers in Tambon Yi San, Tambon Phraek Nam Daeng, Amphoe Amphawa, Samut Songkhram Province, stating that they had suffered damage from the outbreak of black-chinned tilapia found in natural water sources and in the shrimp and fish ponds of the villagers. The Lawyers Council has appointed the presidents of the provincial lawyers' councils of 16 provinces as representatives of the Lawyers Council to provide legal assistance, with many people requesting assistance. The Environmental Committee of the Lawyers Council has considered enforcing the law against those who cause or are the cause of the outbreak of invasive aquatic animals. In this case, the Lawyers Council, through the Environmental Committee, registered as a n environmental private organization in 2002 and is a member of the Assembly of Environmental Private Organizations. It can provide legal assistance to people who have been harmed or damaged by pollution caused by leakage or spread of pollution, including acting as a representative in lawsuits filed in court to claim compensation or damages for those who have been harmed or damaged, in accordance with the National Environmental Quality Promotion and Conservation Act B.E. 2535. From the fact-finding investigation by the Lawyers Council working group, it was found that the black-chinned tilapia, which is an alien aquatic animal that has been permitted by the Fisheries Department to be imported for experimental studies and research and development of aquatic animal species, was imported by a business operator for study and experimentation in 2010 at the company's aquatic animal breeding research center in Samut Songkhram Province. Later in 2017, an outbreak of the black-chinned tilapia was found, with the first outbreak in Tambon Yi San and Tambon Phraek Nam Daeng, Amphoe Amphawa, Samut Songkhram Province. The study found that the outbreak strain of the black-chinned tilapia came from the same common source. The Environmental Committee of the Lawyers Council and the Administrative Court Office have therefore set out two guidelines for providing legal assistance to the public: 1) Civil lawsuit against those who cause the outbreak of black chin tilapia in Thailand by taking a class action lawsuit to claim damages for the loss of income of fishermen and damages for the destruction of natural resources according to the principle of "the polluter pays" by filing a complaint with the Civil Court, Environmental Division. 2) Administrative proceedings against the licensing agency that neglected or failed to perform its duties as prescribed by law, causing the spread of the black chin tilapia to be an administrative violation, and requiring the licensing agency to eliminate the spread and restore the lost natural resource s by demanding the cost of the action from the person who caused the spread of the black chin tilapia, including compensation for damages from the loss of natural resources and biodiversity. The Lawyers Council is confident in the information and laws that have been considered, including the National Environmental Quality Promotion and Conservation Act, the Fisheries Act, and the Tort Liability Act of Government Officials and Agencies. They are ready to file a lawsuit with the court by August 16, 2024. In the meantime, the Lawyers Council of 16 provincial lawyers, namely Chanthaburi, Rayong, Chachoengsao, Samut Prakan, Bangkok, Samut Sakhon, Samut Songkhram, Ratchaburi, Phetchaburi, Prachuap Khiri Khan, Chumphon, Surat Thani, Nakhon Ratchasima, Songkhla, Trat, and Chonburi, have compiled the damages of farmers who raise aquatic animals and local fishermen to compile the case. The latest report is that an outbreak has been found in the 17th province, Nonthaburi Province, in which those affected can also repor t to the Lawyers Council of Provincial Lawyers. Previously, the company that requested permission to import would explain that it had destroyed the fish and sent all samples to the Fisheries Department. This contradicts the statement of the Director-General of the Fisheries Department that he had not received any fish samples, even though the import conditions required the delivery of both fin samples and whole fish samples when the research was canceled or ended. In addition, the Director-General of the Fisheries Department also said that the current Fisheries Act, which came into effect in 2015, could not be held liable. However, the Lawyers Council is confident in the facts, which must be linked to the events related to the outbreak of the black-chinned tilapia, to determine who or which agency is responsible for the damages that occurred. The press conference was attended by representatives of aquaculture farmers and local fishermen. They were all happy to receive legal assistance, but the court hearing would take a long time. Initially, they wanted to receive compensation for the impact on their careers. They wanted the area where the outbreak of black chinned tilapia was found to be declared a disaster area to alleviate their suffering urgently. Source: Thai News Agency