ACT TO PROTECT AND CONSERVE
THE ELEPHANTS OF THAILAND
B.E. 2545 (2002)
______________
BHUMIBOL ADULYADEJ, REX.
Given on the __ Day of __ B.E. 2545;
Being the 57th Year of the Present Reign;
His Majesty King Bhumibol Adulyadej is
graciously pleased to proclaim that:
Whereas it is expedient to have a law to protect and conserve the elephants
of Thailand;
Be it, therefore, enacted by the King, by and with the advice and consent of
the National Legislative Assembly, acting as the National Assembly, as follows:
Section 1. This Act is called the Act to Protect and Conserve the Elephants of Thailand, B.E. 2545.
Section 2. This Act shall come into force on the day following the date of its publication in the Government Gazette.
Section 3. All other laws, by-laws, regulations, resolutions of the Council of Ministers, and other orders, insofar as they deal with matters provided herein or are contrary hereto or inconsistent herewith, shall be replaced by this Act.
Section 4. The Prime Minister and the Minister of Agriculture and Cooperatives shall have charge and control, as set forth herein, of the execution of this Act and shall have the power to issue Ministerial Regulations for the execution of this Act.
CHAPTER I
Definitions
Section 5. In this Act:
"Elephant" means a member of the species Elephas maximus.
"Government" means the Kingdom of Thailand.
"Person" means an individual corporation or human being.
"Residence" means the location where an elephant is held and maintained
or used on a daily basis.
"Take" means to harass, harm, pursue, hunt, shoot, wound, kill, or
capture or to attempt to engage in any such conduct.
CHAPTER II
Registration and Inspection
Section 6. Each person who owns or possesses an elephant shall register such ownership or possession with the Minister of Agriculture and Cooperatives by [INSERT DATE] or within seven (7) days after acquiring ownership or possession, whichever date is earlier. Registration information shall include the following: (1) Name and permanent address of the owner; (2) Name and permanent address of the mahout; (3) Name, date of birth, and province of birth of the elephant; (4) Address of the primary and all secondary residences of the elephant; and (5) Photographs of each ear of the elephant.
Section 7. Each person who owns or possesses an elephant shall update the registration information for such elephant with the Minister of Agriculture and Cooperatives as follows: (1) Elephants who are pregnant shall be registered as such within the first year of each pregnancy. (2) Elephants who are born in captivity shall be registered within seven (7) days of birth. (3) The Minister of Agriculture and Cooperatives shall be notified within 48 hours of the death of an elephant. Notification shall include a certificate of death from a licensed veterinarian stating the date and cause of death.
Section 8. The Minister of Agriculture and Cooperatives shall provide access by the public to registration information during regular business hours and shall post such information on the World Wide Web in both Thai and English. Registration information shall be available to the public within seven (7) days after submission of such information to the Minister of Agriculture and Cooperatives by the person who owns or possesses the elephant.
Section 9. Each person who owns or possesses an elephant shall be subject to unannounced inspections of such elephant and the elephant's residence(s). The Minister of Agriculture and Cooperatives shall appoint enforcement officers who shall be authorized to conduct such inspections.
Section 10. Failure to abide by the registration and inspection requirements in this chapter or the falsification of information in the registration or inspection process by any person shall result in a fine of not more than 40,000 baht, denial or forfeiture of registration, and seizure of the elephant.
CHAPTER III
Standards of Care
Section 11. No person shall remove a female elephant from her mother at any time, except on a temporary basis as necessary for the purpose of veterinary care. No person shall remove a male elephant less than 10 years of age from his mother at any time, except on a temporary basis as necessary for the purpose of veterinary care.
Section 12. No person shall deprive an elephant of necessary and appropriate food, water, shelter, rest, or veterinary care.
Section 13. No person shall maintain the residence of an elephant in an unsanitary, unhealthy, or dangerous condition.
Section 14. No person shall tether or otherwise bind an elephant by the neck, the leg, the tail, or any other part of the body in a manner that restrains the animal except on a temporary basis as necessary for the purpose of veterinary care or in the event of an emergency.
Section 15. No person shall confine an elephant to a cage. All elephants must have unrestricted access to pens or other fenced areas that provide a minimum of 5,000 square meters per five elephants.
Section 16. No person shall maim, mutilate,
torture, wound, beat, strike, harass, overwork, overload, or otherwise mistreat
an elephant or use painful techniques or devices that may cause physical injury,
pain, or suffering to an elephant, including, but not limited to ankuses, sticks,
knives, nails, and electric prods. In addition, such devices shall not be inserted
into any bodily orifice of an elephant. Procedures performed by a licensed veterinarian
and recognized as accepted veterinary practices are not prohibited by this section.
Section 17. Elephants shall not be killed except when necessitated by injury
or illness, as determined by a licensed veterinarian, and must be euthanized
in accordance with accepted veterinary practice.
Section 18. No stimulants or painkillers shall be used to make an elephant work, and no drugs shall be administered to an elephant other than those prescribed by a licensed veterinarian and administered as a component of an accepted veterinary treatment program or practice.
Section 19. Every person who violates a provision of Chapter III is guilty of an offense punishable by imprisonment of not more than five years or by a fine of not more than 250,000 baht, or by both imprisonment and fine.
CHAPTER IV
Conservation
Section 20. No person shall use an elephant for commercial or entertainment purposes, including, but not limited to elephant rides, photo opportunities, begging, elephant polo, or performances of any kind.
Section 21. No person shall take an elephant in the wild, except on a temporary basis as necessary for the purpose of veterinary care.
Section 22. No person shall possess, purchase, sell, trade, barter, give away, or consume any part of an elephant, including but not limited to hair, bone, ivory, hide, and flesh.
Section 23. Every person who violates a provision of Chapter IV is guilty of an offense punishable by imprisonment of not more than five years or by a fine of not more than 250,000 baht, or by both imprisonment and a fine.
Section 24. The Minister of Agriculture and Cooperatives shall set aside 32 square kilometers, adding more land as needed, as a national refuge for elephants held in captivity who have been relinquished to the government or confiscated by the Minister of Agriculture and Cooperatives as set forth in this Act. This refuge shall be of an adequate size and type to accommodate the natural behaviors of the elephants residing therein.
CHAPTER V
Funds
Section 25. The Minister of Agriculture and Cooperatives shall establish a fee schedule and fines to defray the expenses of the administration and full enforcement of this Act. The government shall appropriate all additional funds necessary to ensure implementation of this Act.
Countersigned by:
Prime Minister
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