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Mexico

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Mexico 12 mi (1969) - 200 mi (1986)


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
MEXICO LEGISLATION
Fees for tuna:
-Permit fee = US$65/vessel/trip (up to 60 days)
-Plus, exploitation fee (amount varies according to exchange rate) per n.r.t. per trip (up to 60 days)
Fees for other species:
-2 000 Pesos per n.r.t. (up to one year)
(Federal Law on Fees 1989)
LEGISLATION
Foreign access to fishing resources surplus in EEZ must be authorized, as an exceptional measure, by Secretariat of Fisheries; such arrangements may be on reciprocal basis and comply with requirements and conditions set for each case. (Art. 14)
(Fisheries Law of 9 June 1992)
Mercantile corporations, part of whose equity is held by foreign investors will be subjected to the provisions of the Law to promote Mexican investment and regulate foreign investment. (Art. 21)
(Fisheries Regulations of 17 July 1992)
LEGISLATION
Local fishing vessel defined as vessel owned by nationals or cooperatives to statutory corporations or commercial companies constituted and registered under local law, in which at least 51% of the share capital with voting rights is held by nationals or by Mexican companies whose charters exclude foreigners and establish that a majority of the administrators must be designated by Mexican shareholders and that persons so designated must be Mexican.
(Federal Law on Fisheries of 27 November 1986, art. 26. Vll. as amended by Decree of 30 December 1989)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.
Logbook, and reporting requirements foreign fishing
MEXICO LEGISLATION
-Fishing permit allowed to foreign vessels shall be non-transferable and be subject to applicable international agreement.
-Foreign fishing permit granted on prior fill in up of an application and compliance with regulations in force. (Art. 14)
(Fisheries Law of 9 June 1992)
-Commercial fishing by foreign vessels in EEZ waters requires permit granted by the Secretariat. (Art. 6)
-Developmental fishing permits shall be issued by the Secretariat to foreign scientists, technical and scientific research institutions. (Art. 10)
-Foreign applicant for developmental fishing permit shall produce specified documents regarding his technical and scientific capabilities, objectives of the study or program intended, and other dates concerning the vessel, fishing operations and results. (Arts. 9-17)
-Permits issued to foreign commercial fishing vessels where national interests are concerned, and after determination of the surplus of allowable catch in the EEZ.
-Individuals and corporate entities of foreign nationality must fill in application and fulfil the following conditions:
- submit reliable proof of the legal availability of the vessels and fishing gear;
- prove their experience and technical capability to the satisfaction of the Secretariat;
- provide the guarantees prescribed by the Secretariat;
- provide information on vessel and fishing gear characteristics, intended fishing program, volume and destination of catch;
- respect the period of validity of the permit;
- ensure that information on technology used during fishing operations is available;
- inform of data obtained through fishing programs;
- comply with the provisions of applicable laws and regulations. (Art. 36)
-Foreign fishing permit issued for time and fishing seasons determined by the Secretariat. (Art. 37)
(Fisheries Regulations of 1992)
-Foreign tuna fishing operations must maintain accredited representative in Mexico. (Source: NMPS. IFR/81/69)
LEGISLATION
-Fishing permit to commercial foreign vessels shall specify fishing information to be provided by the holder. (Art. 37)
-Permit holder shall maintain on board and on a daily basis a fishing log that contains:
- name of permit holder;
- number and date of the relevant document;
- name of the vessel;
- date and place of departure and arrival;
- geographic position, depth of catch, number and duration of fisheries operations;
- fishing gear used and results obtained by species, amount and quality. (Art. 102)
(Fisheries Regulations of 1992)


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
MEXICO   X X               X                   X XD XR      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
MEXICO From 2 000 up to 20 000 times the minimum wage, doubled on second offence NO Vessel, gear and catch: seized (admin. priced.), eventual concurrence of penalties with fines.

 


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