MEXICAN FISHERY LEGISLATION 



These regulations were created in 1939 but, in general, have not been enforced. 

 Since the shriiUp trawls catch at least as many worthless trash fish as they do shrinqj, the 

 enforcement of the above provisions certainly would interfere considerably with their 

 operations if not entirely stop them. 



Another 1939 rule, not now enforced, provides that 



"This Department (Fisheries) shall supervise the operations of the vessels 

 equipped with trawls or drag nets, for which purpose it will place an inspector 

 aboard each. The companies owning the vessels shall furnish free of charge lodging 

 and meals on board such vessels " (Appendix X, Art. 5) 



Although this would not prohibit shrimp boats from operating, it would increase appreciably 

 their cost of operation. 



Somet*iat along the same order, but probably only of general interest, is another of the 

 1939 promulgations which permits the use of floating packing plants and freezing ships only 

 as auxiliaries to previously established similar shore plants, unless these ships aire of 

 alexican registry (Appendix II, Art. 62), 



Under present regulations only those foreign boats operating along the West Coast of 

 Mexico under the regulations provided by the Law of December 26, 1933 (Appendix III) can 

 fish in Mexican waters. Ihere is no such law covering Mexican waters of the Gulf of Mexico 

 and any foreign boats desiring to fish in these waters must come under Mexican registry and 

 must abide by all the regulations required of Mexican boats. 



Note: Cn July 2, 19^*7, Mexico published a decree in the "Diario Oficial" (Appendix 

 LXXIII) which lists and describes the fees applicable to foreign boats fishing in Mexican 

 territorial waters of the Gulf of Mexico and the Caribbean Sea, With the exception of the 

 waters involved, it is identical in wording to that pertaining to foreign boats operating 

 along the West Coast. (Appendix V). It is too early to know the intentions, application 

 or effects of this new decree, 



American boats can be leased to Mexican fishing organizations but, of course, these boats 

 must operate under Mexican registry. According to a reputable local attorney, a contract can 

 be so drawn that at the expiration of a fixed period the boats so leased will be returned to 

 the owners in good condition. It must be remembered in such instances that all Mexican claims 

 against the boat have priority over any others, and in particular, any claims issuing from 

 the labor laws are of first importance. 



CONTHACT - CO NCESSIONS 



There is considerable confusion of thought amongst many Americans as to the value and 

 significance of a fishing contract-concession. Much of this arises from the erroneous belief 

 that Mexico grants exclusive concessions to individuals over an entire fishery or over a con- 

 siderable extent of water together with almost complete freedom of operation. 



A fishing contract-ccxicession, in reality, is a contract between an individual or a 

 juridical entity and the Government in which the grantee is bound to accon^Jlish certaiin ends 

 and the grantor may or may not allow certain privileges. In substance a contract-concession 

 is, in general, a permit to establish a processing plant and to conduct fishing operations. 

 Certain tax exemptions are given and a reserved fishery zone may or may not be granted. 

 Upon termination of the contract or upon expiration of the allotted time (a maximum of 15 

 years) all material improve.aents, up to a sum specified in the contract, become the property 

 of the Government. 



In as much as many of the provisions regulating permits and permissionnaires also apply 

 to contract-concessions and as the former have been dealt with in some detail no further dis- 

 cussion will be given here. Reference, however is made to Appendix I, Article 18, 22, 23, 



