Thai
The case concerns legality of the Notification of the Minister of Agriculture and Cooperatives prohibiting the use of certain types of fishing instruments in a certain period to conserve aquatic animals.
The Court found that the Notification imposed a necessary measure in order to fulfill the objectives of the conservation of aquatic animals for sustainable utilization for which public interests from such measure outweighed the damage caused to the Plaintiffs, who were fishermen in the affected areas. The Court further determined that the measure did not affect an essential element of the performance of the Plaintiffs’ occupations since it did not prohibit the use of all fishing instruments and was not without a limited period. The Court therefore held that the Notification was lawful