MEXICAN FISKEKY LEGISLATIOK 



In accordance vdth Mexican theory, the agencies empowered to enforce the fishery 

 regiil^tions also as a rule have greater ponvers than do similar agencies in the United 

 States, Ihe authority for enforcing the above cited Article 7 is delegated to the 

 mrnistry in chai'ge of fisheries and according to Article 29 of the Law of August 31, 

 1932 (Appendix I) the same agency shall decide all penalties for violations of the 

 fishery laws. No provision is made for court trial with the exception of the instances 

 wherein a boat may be found fistiing without permit (Appendix II, Arts. 119 and 120). 



Mexico has various balances and counterbalances amongst several ministries in con- 

 nection with the fisheries. For example, both the Ministry of Marine and the Ministry 

 of Communications and Public Itorics must approve fishing enterprises (Appendix I, Art. 8 

 and Appendix VII, Art. 8). Similarly the Ministry of Treasury and Public Credit collects 

 taxes and supendses fishing activities for fiscal purposes in foreign and local ports 

 (Appendix III, Art. 11). 



OPEPJITION OF FOREIGN BOATS 



Inasmuch as the people of Mexico have not entered into fishing enterprises to any 

 great extent except in recent years the Government, as a means of obtaining revenue, has 

 allowed foreign boats (these boats have been almost exclusively American) to fish within 

 the territorial waters of Mexico. The American shrimp boats recently working Mexican 

 waters in the Gulf of Mexico were not paj'ing any revenue to the federal Govemioent and 

 this v;as one of the primary^ reasons for prohibiting these boats from operating. Peculiar- 

 ly enough, because shrimp are reserved for cooperative fishermen and because these fishermen 

 have special privileges there is no way at present whereby foreign boats can be permitted to 

 catch shrimp and still pay the revenue the Government believes her due. To overcome this 

 anomaly new legislation will have to be enacted. 



The continuance of foreign fishing boats in Mexican waters is permitted merely by 

 sufferance. Aiiiicle 193 of the Law of General Ways of Cammunication (Appendix VII) reads: 



"Although the pri'vileges mentioned in this article constitute an exclusive 

 prerogative for Mexican mercl-iants ships, foreign ships with the peraiission of the 

 Ministry of Communications, as long as the latter deems it advisable, may: 



IV. Effect fishing services in national waters 



It was on the basis of this article that all foreign boats were recently excluded 

 from fishing in Mexican waters, with the exception of those specifically provided for 

 under the December 26, 1938 Law. As the 193B Law covers only the West Coast of Mexico, 

 all fishing by foreign boats in Mexican waters of the Gulf of Mexico has been suspended. 



Tuna 



The Law of Deceufcer 26, 1938 (Appendix III) was created to cover the special case of 

 boats hailing from Cadifronia ports, fishing in Mexican waters, eind discharging their pro- 

 ducts in California ports. It was designed primarily for the tima fleet although market 

 boats were also taken into consideration. The market boats generally sail from San Diego, 

 California to nearby Mexican waters for fish for the fresh-maricet trade. 



Boats operating under this act must coniply with all its provisions and in addition 

 with those of any other act in force (Appendix III, Art. 2-IV, and Art. 15). Such boats 

 consequently must have permits from both the Ministry of Communications and the Ministry of 

 Marine. 



Hie species of fishes which can be tsiken are limited by Article 1 to: 



" species which can be packed and all those which do not require a special 



authorization." 



