MEXICAN FISHERY LEGISUnON 



It is this quoted provision, together with the cash bond requirement, that creates 

 the pennissionnaires , 



Any one of the owners of the larger tuna boats, if he desired to operate in Mexico on 

 his own would have to pay this 2,500,00 peso annual fee in addition to depositing a cash 

 bond of up to 50,000.00 pesos. There is no point whatsoever in one individual carrying 

 this burden if it can be shared amongst a group. 



As has been stated, the permissionnaire is responsible to the fisherman for obtaining 

 the letter's permit to fish in lueiican waters and^e is also responsible to the Ifexican 

 Government for the compliance by the fishermen with all Mexican regulations. The Mexican 

 fishery and treasury offices in California are for the purpose of issxiing the necessaiT' 

 permits, seeing that the Btexican regulatiais are complied with, and collecting the revenue 

 due the Mexican Government. 



The general permits of the permissionnaires, including the depositing of bond, must be 

 obtained fro.ii Mexico City (Appendix II, Art. 21). Frcm this point on, the local Mexican 

 offices in San Diego and Ssui Pedro are in charge. On the basis of the generzil permit to the 

 permissionnaire the local offices issue the Individual boat general permit, the use of 

 foreign boat registration, the annual registry of vessels, the annual registry of nets, the 

 fishermen's identification cards and the "Via la pesca" clearances. 



The local offices are supposed to check: the net tonnages of the boats each year or 

 whenever a modification occurs, the dimensions of the nets used for taking bait or fish, 

 and, according to Article 30 of the 1933 Regulation (Appendix II), must inspect the caa-go 

 prior to unloading. 



All fees and charges are collected by Mexican representatives of the Ministry of 

 Treasury and Public Credit. These fees and charges are clearly defined in Appendix V and 

 will not be repeated here. All of them are armual charges, the permits for which are valid 

 for one year ft-om the date of issuance, with the exception of the "Via la pesca" clearances. 

 The fees for "Via la pesca" clearances are based on the net storage capacity of the boats 

 and are charged for each trip, which cannot exceed 70 days. If the pennits are taken out 

 in the United States there is an additional cliarge of 2^% for anj"- and all of the above- 

 laentioned charges and fees. Appendix XL gives an idea of the Mexican procedure in handling 

 the various foims involved. 



According to Article 12 of the 193B law (Appendix III), species taken under "Via la 

 pesca" clearances are not subject to export tax. Although no specific statement is made 

 excluding the exploitation tax, it has generally been conceded that this tax is covered by 

 the "Via la pesca" fee. 



The only violation requiring mandatory court action is that of foreign boats carrying 

 out fishing activities in Mexican waters. Article 14 of the Law of December 26, 193S, 

 (Appendix III) provides: 



"Vessels which, without fulfilling the requirements established in this Law 



are discovered in territorial waters operating with fishery products, the trans- 



portaticai thereof or any other activity derived from those above, sliall be obliged to 

 appear before the proper authorities in the nearest port in order that the caise may be 

 investigated and the responsibility thereof may be exacted." (Appendix III) 



The wording of this article is broad and likewise the interpretation also has been 

 broad. 



Article 30 of the 1933 Regulation (Appendix II) states: 



"Holders of concessions or permits may not unload products captured, in the case 

 of those destined for export, except in the port indicated in their authorization, 

 nor ivithout the cargo having been inspected by employees of the fishing office " 



