MEXICAN FISHERY LB3ISUTI0N 



This provision coupled with the office hours of the inspectors has been the cause of 

 many complaints from American fishermen, as it is sometimes difficult to locate the inspector. 



The administration of the 70 day limit on "Via la pesca" clearances is another frequent 

 cause for complaint (Appendix III, Arts. 9 and 10). Article 10 of the 193B Law provides that 

 these clearances must be returned at the end of the voyage and: 



"Failure to comply with the provisions establishes the legal presumpticm 



which vdll admit no proof to the contrary, that other trips were effected under the 

 permit granted "Via la pesca", each trip to be calculated at a rate of two days or 

 fraction thereof following the one on which the corresponding statement should have 



been presented, and the sum shall immediately be deducted from the amount of 



the guarantee which was posted to cover the permit, without this preventing the 

 exactixi, of the corresponding responsibilities when this is applicable '" 



On occasions, bait boats will enter Mexican waters only for bait, thence preceding to 

 fishing grounds south of Mexico for tuna. In accordance with the above-cited regulation 

 they are required to unload in the United States within 70 days. This prevents them from 

 fishing out of Puntarenas, Costa Rica, or around the Galapagos Islands, for more than a 

 brief period. There are both a freezing plant and a tuna cannery in Puntarenas. The 

 puipose of Article 10 is, of course, to prevent the boats from making more than one trip with 

 each "Via la pesca" chearance. 



Because of Article 2, Section Ill-b of the 1938 Law (Appendix III), purse-seine boats 

 have, on occjisions, been prevented from operating in i\Iexican waters. This paragraph states; 



" purse seines, lampara or ring nets may be used only in the places 



authorized therefor by the Bcecutive " 



At present these types of gear are provisionally authorized to be operated in Uexican 

 waters of the Pacific Ocean and the Gulf of Calif omia (Appendix IX). At any time, upon 

 the issuance of an Eicecutive Order, persons using these gear may be refused permits or the 

 areas in which they may operate can be definitely restricted. 



Transitory Article 5 of the 1938 Law (Appendix III) gives the Federal Executive the 

 power to increase or decrease, as he sees fit, the tariffs and penalties applicable to 

 foreign boats. 



The Law of General Ways of Communication provides in Article 19/4 (Appendix VII) that 

 foreign boats operating in Mexican waters must "meet equal or better conditions than the 

 Uexican boats." this is rather broad and could most probably be interpreted in several 

 ways. 



Shrimp 



In addition to the above-cited regulations irtiich apply specifically to foreign tuna 

 boats operating along the Mexican West Coast, there are several provisions of the general 

 regulations which apply specifically to shrimp fishing. 



In the first place, 



"Fishery products other than shrimp, which are captured by the use of trawls 



shall be wholly utilized or disposed of in the domestic market or national 



industry," (Appendix II, Art. 8^ bis). 



This same provision also occurs in Article U of the Resolution of April 15, 1939 (Appendix 

 X). Similarly Section II of Article 59 of the 1933 Regulation (Appendix II) provides that 

 it is unlawful 



"to throw into marine or fluvial waters fishery products and their waste 



matter " 



