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  1. Profile
    1. Basic legislation
    2. Legal definition
    3. Guidelines and codes of conduct
    4. International arrangements
  2. Planning
    1. Authorization system
    2. Access to land and water
    3. EIA
  3. Operation
    1. Water and wastewater
    2. Fish movement
    3. Disease control
    4. Drugs
    5. Feed
  4. Food safety
    1. Miscellaneous
      1. References
        1. Legislation
        2. Related resources
      2. Related links
        Profile
        Basic legislation
        The Fisheries Law (Ley de Pesca) (1992, as amended in 2001) and the Regulation to the Fisheries Law (Reglamento de la Ley de Pesca) (1999, as amended in 2004) are the main legislative documents governing the conservation, preservation, exploitation and management of all aquatic flora and fauna. The Fisheries Law has been amended in 2001 and the Regulation has been amended in 2004. In addition, various Official Mexican Standards (Normas Oficiales Mexicanas, NOMs) facilitate the implementation of the Fisheries Law by detailing requirements as to the conduct of activities within and development of fisheries and aquaculture. Generally, NOMs are specific measures and standards required by law, which are proposed by the various administrative Secretariats in their corresponding area of jurisdiction and issued by the Federal Executive.

        Since 2001, the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food (Secretaría de Agricultura, Ganadaría, Desarrollo Rural, Pesca y Alimentación, SAGARPA) is in charge of administering the fisheries and aquaculture legislation. According to the Law, tasks and responsibilities of SAGARPA include - inter alia - the designation of areas suitable for aquaculture, regulation of the introduction of species and the promotion of aquaculture development (see also Reglamento, Título tercero, Capítulo I). SAGARPA consists of numerous offices and administrative entities. An overview of its structure can be found in its by-laws (Reglamento Interior de la Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación).

        The National Commission on Aquaculture and Fisheries (Comisión Nacional de Acuacultura y Pesca, CONAPESCA), being an administrative entity of SAGARPA, was created in 2001 and is responsible for management, coordination and policy development regarding the sustainable use and exploitation of fisheries and aquatic resources. The Commission has the support of the National Fisheries Institute (Instituto Nacional de Pesca, INP), also being an administrative entity of SAGARPA, which conducts scientific and technological investigations and gives advice on the preservation, restocking, promotion, cultivation and developing of aquatic species. Through the INP, a new instrument for fisheries management has been developed, the National Fisheries Chart (Carta Nacional Pesquera), which is an annually updated inventory and summary of all fisheries resources in federal water bodies.

        SAGARPA has developed the Sectoral Program for Agriculture, Livestock, Rural Development, Fisheries and Food 2001-2006 (Programa Sectorial de Agricultura, Ganadería, Desarrollo Rural Pesca y Alimentación), which addresses - inter alia - the sustainable exploitation of fishery and aquaculture resources and the promotion of profitability, both in economic and social terms, of the fishery and aquaculture sector. The program also seeks to update and promote the legal measures applicable to fish and aquaculture activities.
        Legal definition
        The Regulation to the Fisheries Law defines aquaculture as "el cultivo de especies de la fauna y flora acuáticas mediante el empleo de métodos y técnicas para su desarrollo controlado en todo estadio biológico y ambiente acuático".
        Guidelines and codes of conduct
        There are no guidelines or codes of conduct on aquaculture.
        International arrangements
        Mexico is a member of:
        • World Trade Organization (WTO).
        • North American Free Trade Agreement (NAFTA).
        • Free Trade Area of the Americas (FTAA).
        Mexico is a party to both the Convention on Biological Diversity (CBD) and the Biosafety Protocol. Mexico is also a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
        Planning
        Authorization system
        The setting up of an aquaculture facility in federal water bodies is managed and controlled by a system of concessions, permits and authorizations, depending on the type of aquaculture, to be issued by CONAPESCA. According to the Fisheries Law, the public interest and the availability and conservation of resources should be taken into account when granting concessions and permits. In addition, according to the General Law of Ecological Balance and Environmental Protection (Ley General de Equilibrio Ecologico y Protección Ambiental) (1988, as amended) (hereinafter: Environmental Law), the protection of aquatic ecosystems and their ecological balance must be taken into account when granting concessions for aquaculture activities.

        Concession: Commercial aquaculture (acuacultura comercial), carried out with the aim of obtaining economic benefits, requires a concession, which may be granted to Mexican nationals and foreigners, or to Mexican entities (Reglamento, Título tercero, Capítulo II). The Concession may be granted for a maximum period of 50 years. The application for a concession should contain a technical and economic study, which should provide information regarding:
        • Technical-biological indicators.
        • Biological aspects of the species to be cultivated.
        • Location, including the geographical coordinates of the production area.
        • Site selection criteria.
        • Requirements and programs regarding the supply of aquatic organisms.
        • Description of the technologies to be applied in each phase of cultivation, except for harvesting.
        • Health measures and operation techniques.
        • Distribution and description of infrastructure.
        • Amount and distribution of investment.
        • Financial analysis of the project.
        • Employment to be generated.
        In addition, the application should be accompanied by an environmental impact assessment, preventive report or authorization obtained from the competent authority (see below).

        Generally, the concession should be issued within a period of 45 days. The Law and the Regulations address in detail the procedures to be followed when an extension of the concession is required. The concession may be transferred and the holder may be substituted after authorization of CONAPESCA.

        The concession holder has the following obligations:
        • Cultivate exclusively the authorized species or group of species in the areas established in the concession.
        • Present during the first two months of the year the status of the technical and economic status of the project objective of the concession.
        • Present information on harvesting and production data.
        • Present information on harvesting and production within 72 hours; the report must be filled in and signed immediately after harvesting and production.
        • Comply with the technical an economic conditions for the exploitation of the species, group of species or areas established in the concession.
        • Assist in the preservation of the environment and the conservation and reproduction of species, including repopulation programs.
        • Inform the competent authorities on findings, investigations, studies and new projects in relation to aquaculture, within the applicable legal terms, and taking into account intellectual property rights, if any; SAGARPA has a duty to treat this information as confidential.
        • Comply with norms and measures of aquatic health.
        • Maintain in good condition land-based establishments and permanent or temporary cultivation equipment in water bodies, and remove such establishments and equipment when requested by the competent authority.
        • Permit and facilitate personnel of SAGARPA to carry out inspections.
        • Admit observers designated by SAGARPA to collect scientific or technological information.
        • Collaborate with SAGARPA on its aquatic programs.
        • To keep a register containing the entries and exits of aquatic organisms, measures of prevention and control, as well as information on diseases.

        Permit: A permit is required for exploratory aquaculture (acuacultura de fomento), which is carried out with the aim of study, scientific research, experimentation and exploration, and which is oriented at the development of biotechnology or any other type of innovative technology in any phase of cultivation of species of aquatic flora and fauna (Reglamento, Título tercero, Capítulo III). A permit may be granted to Mexican and foreign scientists, technical experts and research institutes. A permit may be granted to persons or establishments that cultivate, market or process aquaculture products as long as they fulfil the requirements established for research institutes. In addition, the permit may establish limitations and conditions to the sale of the aquaculture products. The Regulation requires a minimum of 5 percent of the profits to be used for the development of research activities. Permits can be granted for a maximum period of four years.

        Applicants are required to demonstrate and prove their scientific and technical ability. The application for a permit should be accompanied by a program or project of study or scientific research, which should provide information regarding:
        • Names of the responsible person and the technical experts of the project.
        • Objectives.
        • Practical application of the results.
        • Common and scientific name of the species of study or research.
        • Location at macro-level (at local, municipal and state level).
        • Location at micro-level, including geographical coordinates, as well as an indication of the necessary surface.
        • Justification of the selected site.
        • Description of the infrastructure.
        • System and technique of cultivation, excluding harvesting.
        • Origin and quantity of organisms.
        • Preventive measures for sanitary control and diagnosis.
        • Marketing.
        The permit should be issued within a period of 45 days. The permit may be transferred and the holder may be substituted after authorization of CONAPESCA. The permit holder has the same obligations as the concession holder (see above), with the exception of presenting status reports related to the technical and economic projects. Instead, the permit holder has the obligation to present the results of the project of study or research in the form as prescribed in the permit.

        Authorization: An authorization is required for aquaculture for educational purposes (acuacultura didáctica), the aims of which are training and instruction of those engaged in aquaculture (Reglamento, Título tercero, Capítulo IV). Authorizations may be granted only to Mexican nationals and entities. The holder of an authorization is allowed to sell the obtained aquaculture products, as long as the profits are principally used for the development of training and instruction activities. The Law and the Regulation do not specify a maximum period for which an authorization can be issued.

        The application for an authorization should be accompanied by a detailed description of the educational programme, including the logistics, and should provide information regarding:
        • Names of the responsible person and the technical experts of the project.
        • Objectives.
        • Practical application of the results.
        • Common and scientific name of the cultivated species.
        The authorization should be issued within a period of 21 days and is not transferable. The holder of the authorization has the same obligations as the holder of a concession (see above), with the exception of presenting status reports related to technical and economic projects and with the exception of keeping a register.

        The collection of reproductive species, larva, post larva, juveniles, eggs, seeds or fingerlings for the purpose of aquaculture or research requires an authorization, too. (Reglamento, Título segundo, Capítulo II, Sección quinta). Again, an authorization may be granted only to Mexican nationals and entities. The application for an authorization should provide information regarding:
        • Common name, scientific name, state of biological development and number of species to be collected.
        • Area of collection.
        • Description of equipment to be used for collection, preservation and transport.
        • Timetable.
        • Landing site.
        • Specific characteristics that determine the capacity of the aquatic establishments for acclimatization of the organisms.
        • Number of ponds or surfaces to be sowed.
        • Cultivation system.
        In addition, the applicant should furnish documentation demonstrating his financial ability. In case of collection for aquaculture purposes, the applicant should show a contract with the farm or hatchery to be supplied (or mention the name and location of the farm when the collection is for its own use) as well as the number and date of the concession.

        In addition, the applicant should furnish documentation demonstrating his financial ability. In case of collection for aquaculture purposes, the applicant should also mention the name and location of the fish farm and, where applicable, the number and date of the concession.

        The authorization should be issued within a period of 21 days and is not transferable. The holder of the authorization may have a duty to undertake repopulation activities according to the terms and conditions established by CONAPESCA. The issuance of the authorization depends on the information furnished by the National Fisheries Institute regarding the number of species, zones and periods for collection. No authorization will be issued when there is a conservation risk. In case of collection of living aquatic organisms coming from natural populations for the purpose of aquaculture, the Regulations stipulates that the applicable rules on collection, acclimatization, preservation, transport and seed should be observed.

        Generally, all concessions, permits and authorizations are registered in the National Fishery Registry (Registro Nacional de Pesca), kept by CONAPESCA. Concessions, permits and authorizations end through expiry, revocation, being void or termination in the cases specified by the Law and the Regulation. The Law and the Regulation also establish detailed provisions on inspection, offences and sanctions. The latter include the imposition of fines, seizure of aquaculture products, suspension or revocation of concessions, permits and authorizations and the permanent or temporary closure of facilities that violate certain provisions. Appeals may be filed according to the Law on Administrative Procedure (Ley Federal de Procedimiento Administrativo) (1994).
        Access to land and water
        Land legislation in Mexico is complex, voluminous and fragmented among numerous enactments. Article 27 of the Mexican Constitution establishes the government's original ownership over the nation's lands and waters and the right to transfer its title to private persons, thereby creating private property. There are two types of private land tenure in Mexico: private property and social or common property. The latter category includes ejidos and comunidades  , which are most often in control of areas that are well suited for aquaculture. Since 1992, ownership of common ejido lands may be transferred to business associations in which the ejido or its members participate. Ejido lands may also be contracted out temporarily to third parties. As a result, over the last decade different kinds of agreements have been reached between ejidos and private aquaculture producers. Generally, the ejidos allow access to the land as their contribution to the enterprise. However, opening the possibility for private producers to start aquaculture operations has created problems over property rights. Private, ejido and federal lands (see below) all exist side by side, and in some cases, several parties claim to own the same parcels of land.

        Article 27 of the Constitution also establishes inalienable government ownership over lands, waters and natural resources that make up federal public property. These include - inter alia - the federal maritime zone (coastal zone), rivers, currents, lakes and lagoons. The General Law of National Property (Ley General de Bienes Nacionales) (1982) establishes a general regime for granting land use rights over public lands. The management and development of the coastal zone, which extends 20 meters from the high tide line, is regulated in the Regulation for the use and exploitation of the territorial sea, navigable waters, beaches, federal maritime zones and lands gained from the sea (Reglamento para el uso y aprovechamiento del mar territorial, vías navegables, playas, zona federal marítimo terrestre y terrenos ganados al mar) (1991). All use, development and exploitation of the federal coastal zone and beaches, other than for the enjoyment of the general public and the carrying out of specifically permitted temporary operations must be authorized. Concession and permit holders who have been granted rights to use federal coastlands are registered in a national registry. According to the Regulation, a permit or concession is not required for the establishment of canals and pipelines for the transport of water by cooperatives, ejidos, comunidades and private persons carrying out aquaculture activities. The establishment of such canals and pipelines, however, may not obstruct the free passage to the coastal zone.

        The National Water Law (Ley Nacional de Aguas) (1992) establishes a comprehensive legal regime for the planning, development and management of surface and groundwater resources. The Law is administered by the National Water Commission (Comisión Nacional del Agua, CNA), which is an autonomous entity falling under the Secretariat of Environment and Natural Resources (Secretaría del Medio Ambiente y Recursos Naturales, SEMARNAT), being the responsible authority for all environmental issues under federal jurisdiction. The Law specifies fish farming as a production activity for which water resources may be used after a concession has been obtained from the CNA. Concessions can be granted for periods up to 50 years. According to the Law, water concessions are not required for farming operations using floating systems. The Law provides for a Public Registry of Water Rights (Registro Publico de Derechos del Agua), kept by the CNA, which contains an overview of all issued water concessions (and discharge permits, see below). The Law stipulates that the CNA, in cooperation with SAGARPA, should facilitate the development of farming and the issuance of the necessary water concessions. It should also support, at the request of interested parties, the use of federal water infrastructure for farming provided it is compatible with other uses, provided watercourses are not diverted and provided that water quality, navigation, other permissible uses, and the rights of third parties are not affected. The Law is implemented by the Regulation to the National Water Law (Reglamento de la Ley de Aguas Nacionales) (1994, as amended in 1997).

        Finally, the Environmental Law provides for the development of ecological zoning plans (ordenamientos ecológicos). There are four types of ecological zoning plans: national, regional, local and marine. The national ecological zoning plan is issued by SEMARNAT, while regional and local ecological zoning plans are issued respectively by state governments and municipal authorities. Marine ecological zoning plans are also issued by SEMARNAT and must be consistent with the national, regional and local zoning plans. The marine ecological zoning plans should determine the activities that may be carried out in the designated areas, as well as guidelines, strategies and other provisions for the preservation, protection and sustainable exploitation of natural resources.
        EIA
        The Environmental Law requires an EIA in the case of works and activities that may cause ecological imbalances or surpass the limits and conditions established in the applicable provisions to protect the environment and preserve and restore ecosystems. The Law spells out the works and activities that require prior authorization of SEMARNAT on environmental impact, including - inter alia - fishing and aquatic activities endangering the preservation of one or more species or causing damage to the ecosystems. The activities are further defined in the Regulation to the General Law of Ecological Equilibrium and Environmental Protection Regarding Environmental Impact Assessment   (Reglamento de la Ley General del Equilibrio Ecológico y la Protección al Ambiente en Materia de Evaluación del Impacto Ambiental) (2000). They include the construction and operation of farms, ponds and aquatic production parks, the production of postlarves and seed, the hatching of exotic species, hybrids and transgenetic variations, and the construction of artificial reefs.

        The EIA process starts with submission of a preventive report if there are Official Mexican Standards (NOMs) or other provisions that regulate emissions, discharges, natural resources exploitation and, in general, the environmental impacts caused by the works or activities. A preventive report is also required if the works or activities involved are expressly provided by an urban development partial plan or an ecological zoning plan, or in case of facilities located inside authorized industrial parks. The contents of the preventive report are specified in the Regulation. Upon the preventive report being submitted and analyzed, SEMARNAT determines, within twenty days, whether an Environmental Impact Statement (EIS) is to be submitted or whether the preventive report is sufficient.

        According to the Regulation, an EIS can be regional or particular. A regional EIS is to be filed - inter alia - in the case of industrial and aquaculture parks and aquaculture farms of more than 500 ha. A regional EIS must provide information regarding:
        • Particulars of the project, the applicant and the person responsible for the EIA.
        • Description of the works or undertakings, and, where applicable, of partial development programs or plans.
        • Linkage to applicable planning and zoning laws.
        • Description of the regional environmental system and an indication of the region's trends in development and deterioration.
        • Identification, description and assessment of the cumulative and residual environmental effects of the regional environmental system.
        • Strategies to prevent and mitigate the cumulative and residual environmental effects of the regional environmental system.
        • Regional environmental forecasts, and an assessment of alternatives.
        • Identification of methodological instruments and technical elements that support the results of the EIS.
        In all cases not specifically provided for in the Regulation, a particular EIS must be submitted. A particular EIS must provide information regarding:
        • Particulars of the project, the applicant and the person responsible for the EIA.
        • Description of the project.
        • Linkage to applicable environmental provisions, and, where applicable, to land use regulations.
        • Description of the environmental system and an indication of environmental problems in the project area.
        • Identification, description and assessment of environmental impacts.
        • Preventive and mitigating measures.
        • Environmental forecasts and the identification of alternatives.
        • Identification of methodological instruments and technical elements that support the information provided.
        Where highly hazardous activities are involved, the EIS must include a risk study containing preventive scenarios and measures that arise from the analysis of environmental risks involved in the project, a description of the facilities' protected zones, and an indication of the environmental safety measures.

        In assessing the EIS, SEMARNAT must consider the possible effects of the work or activity on the respective ecosystems, taking into account all the elements therein and not only the resources that may be used or affected. It must also consider the use of natural resources in respect of the functional integrity and load capacities of the ecosystems forming part of the resources for undefined periods, as well as any prevention, mitigation or other measures proposed voluntarily by the applicant to avoid or minimize the negative effects on the environment. Upon assessing the EIS, SEMARNAT may authorize the work or activity, upon conditions or not, or deny the requested authorization. SEMARNAT must issue its ruling within sixty days following the receipt of the EIS. Exceptionally, this period may be extended for up to sixty additional days.

        The Federal Attorney General for Environmental Protection (Procaduría Federal de Protección al Ambiente, PROFEPA), established as an autonomous entity under SEMARNAT, is generally responsible for enforcing environmental laws, regulations and environmental NOMs. The PROFEPA performs audits and inspections and oversees compliance to the rules regarding EIA.

        Finally, all Mexican states have enacted their own environmental legislation and enacted an entity charged with the administration of such laws. According to the Environmental Law, states have the responsibility - inter alia - to assess the environmental impact of those works and activities, in coordination with corresponding municipalities that are not expressly reserved to the federal government.
        Operation
        Water and wastewater
        The legal framework governing water pollution is set forth in two laws. The Environmental Law establishes general provisions pertaining to the prevention and control of water pollution that apply generally to all aquatic ecosystems (including marine waters). The National Water Law provides for a comprehensive legal regime that supports these provisions. Besides, Official Mexican Standards (NOMs) have been issued setting out water quality and wastewater discharge standards, sampling and monitoring procedures, and other requirements. NOM-001-SEMARNAT-1996  (updated in 1997) sets out the maximum contaminant limits for wastewater discharges into national waters (including marine waters).

        Individuals and legal entities, including aquaculture facilities, must obtain a discharge permit from the National Water Commission (CNA) for any continuous, intermittent or unforeseen wastewater discharges into receiving water bodies (including marine waters). In addition to the standards in the applicable NOMs, the CNA may spell out specific discharge standards. In doing so, the CNA is required to take into account the applicable NOMs, its own water classification system, third party rights to develop or use the receiving body of water, the restrictions imposed under the National Water Plan (Plan Nacional de Aguas) and other public interest or general health related issues.

        According to the Regulation, the permit holder has the following obligations:
        • Treat all wastewater so that the conditions set forth in the NOMs and the permit are complied with.
        • Pay fees for discharging wastewater into receiving bodies.
        • Install and keep the monitoring equipment in good working condition.
        • Inform the CNA of any process changes that entail changes in the volume or characteristics of wastewater discharges.
        • Notify CNA of all pollutants present in wastewater discharges that were not originally considered in the permit application.
        • Operate and keep all the equipment needed for the handling and treatment of wastewater in good working condition to ensure that the quality of wastewater, prior to its discharge, abides by the NOMs and the permit conditions.
        • Cooperate with CNA inspection and enforcement actions.
        • Conduct wastewater quality monitoring and sampling in accordance with the sampling standards provided for in the NOMs.
        • Keep sampling records for at least three years.
        • Comply with any other regulatory or permit requirements.
        The Law and the Regulation include detailed provisions on inspection, offences and sanctions. The latter include the imposition of fines, suspension or revocation of discharge permits and the permanent or temporary closure of facilities that violate certain provisions.
        Fish movement
        According to the Fisheries Law and in particular its Regulation, the introduction of living species in federal water bodies requires an authorization (Reglamento, Título tercero, Capítulo V), to be issued by CONAPESCA. The authorization may be granted only to Mexican nationals and entities. The application should provide the following information:
        • Scientific and common name of the species, specifying if the species is wild or cultivated.
        • Stage of development.
        • Quantity and origin, indicating the name and place of the zone or reservoir of capture or, in case of cultivation, the name and place of the establishment.
        • Name and place of the zone or reservoir where the species are supposed to be introduced.
        In addition, the applicant should present an aquatic health certificate (see below) and inform whether it has been verified if the genome of the species to be introduced will not alter the genome of other species. In the case of imported species, a study needs to be included containing disease records in the area of origin as well as records concerning the genetic history. In the case of species that do not exist in their natural form in the national waters, a technical study needs to be included addressing the biology and habits of the species to be introduced. Finally, in the case of exotic species, a description needs to be included of the possible effects on native flora and fauna, in particular protected species. Generally, the authorization should be issued within a period of 21 days and is not transferable.

        The National Commission for the Knowledge and Use of Biodiversity (Comisión Nacional para el Conocimiento y Uso de la Biodiversidad, CONABIO) is an inter-secretarial commission, created in 1992, made up of representatives from - inter alia - SAGARPA and SEMARNAT. CONABIO generally coordinates the actions and studies related to the knowledge and preservation of biological species and promotes and develops scientific research activities for the exploration, study, protection, and use of biological resources.

        The Intersecretarial Commission on Biosafety and GMOs (Comisión Intersecretarial de Bioseguridad y Organismos Genéticamente Modificados, CIBIOGEM), created in 2002, is also made up of representatives from - inter alia - SAGARPA and SEMARNAT. CIBIOGEM aims to coordinate federal policies regarding biosafety and the production, import, export, movement, propagation, liberation, consumption and use of GMOs. Reportedly, CIBIOGEM has developed a list of priority issues, which includes the genetic transformation of fish.
        Disease control
        Disease control is regulated in the Federal Animal Health Law (Ley Federal de Sanidad Animal) (1993), which is applicable to aquatic animals, and the Fisheries Law, in particular its implementing Regulation, which contains detailed provisions on aquatic health (Reglamento, Título tercero, Capítulo VI). The Servicio Nacional de Sanidad, Inocuidad e Calidad Agroalimentara, SENASICA), being a federal organ under SAGARPA, has the power to:
        • Issue directly, or through accredited laboratories, health certificates for living aquatic organisms and aquatic establishments.
        • Establish - in cooperation with the concerning authorities - the drugs, feeds, hormones and other ingredients that may be used in aquaculture.
        • Promote the exchange of information with international organizations.
        • Regulate quarantine issues, operation of quarantine establishments, genetic management, prevention campaigns and measures, and diagnostic and sanitary control measures in order to protect fishery resources.
        • Prohibit the introduction of living aquatic species for sanitary reasons.
        A health certificate is required when living aquatic organisms are farmed in farms on the national territory and the organisms are moved from one farm to another, introduced in another water body under federal jurisdiction (see above) or destined for export. Similarly, a health certificate is required if natural populations are captured for aquaculture purposes. A special health certificate is required for the import of living aquatic organisms, in which case the applicant should present - inter alia - a health certificate of the country of origin. The Regulation prescribes in detail the requirements and the procedures to be followed for the issuance of health certificates.

        In addition, the Regulation addresses the certification and registration of quarantine establishments. It prescribes in detail the application procedure to be followed. The authorization to operate a quarantine establishment should be issued within a period of 21 days.

        The following NOMs, which can be complex and may be subject to frequent revision, have been issued on aquatic health:
        • NOM-010-PESC-1993 establishes health requirements for the import of living aquatic organisms for aquaculture purposes; it contains a list of organisms that may be imported for aquaculture.
        • NOM-011-PESC-1993 regulates the application of quarantine in order to prevent the introduction and spread of diseases, as well as the import of living aquatic organisms for aquaculture purposes; it contains lists of diseases requiring certification and diseases requiring notification.
        • NOM-030-PESC-2000 establishes requirements to determine the presence of viral diseases of living and dead crustaceans, their products and sub-products.
        • NOM-EM-006-PESC-2004 establishes aquatic health requirements for the production of living and dead crustaceans, their products and sub-products; it also regulates the introduction of living and dead crustaceans into the national territory, which requires an authorization of CONAPESCA; it specifies the information that should be provided in the application and the requirements at the point of entry into the country.
        Drugs
        Generally, chemical substances are governed by a number of overlapping laws and regulations that fall under the jurisdiction of several different agencies. Chemical substances are grouped into three categories: pesticides, fertilizers and toxic substances. The most important piece of legislation governing chemical substances is the General Health Law (Ley General de Salud) (1984, as amended), administered by the Secretariat of Health (Secretaría de Salud, SSA), which spells out the definition of pesticides, fertilizers and toxic substances. In addition, the Environmental Law provides general standards pertaining to chemical substances, as part of its soil pollution prevention and control provisions.

        Due to the number of laws and agencies that regulate chemical substances, an Inter-Secretarial Commission for the Control of the Processing and Use of Pesticides, Fertilizers and Toxic Substances (Comisión Intersecretarial para el Control del Proceso y Uso de Plaguicidas, Fertilizantes y Sustancias Tóxicas, CICOPLAFEST) was created in 1987. CICOPLAFEST, which is made up of representatives from - inter alia - SAGARPA, SEMARNAT and SSA, administers among other things a uniform procedure for all licensing, registration and permitting of any use, development, manufacture, distribution, storage, commercialization, export or import of chemical substances.

        As to aquaculture, as mentioned above, SAGARPA has the authority to establish the drugs, feeds, hormones and other ingredients that may be used. NOM-EM-006-PESC-2004 regulates the use and application of antibiotics, including the establishment of minimum and maximum limits, for the prevention and control of diseases of crustaceans. It stipulates that new pharmaceuticals have to be approved by CONAPESCA and describes the procedure to be followed.
        Feed
        There are few provisions on the use of feed. As mentioned above, SAGARPA has the authority to establish the feeds that may be used in aquaculture. NOM-EM-006-PESC-2004 specifies that feed producers should inform SAGARPA on a monthly basis of types and doses of pharmaceuticals that are added to feed used in shrimp culture. In addition, it stipulates that in shrimp farming the use of feed based on fresh crustaceans remains prohibited, except for artemia (Artemia spp).
        Food safety
        The safety of food products sold to the public is generally regulated under the General Health Law. All fish and seafood products, whether fresh, frozen or preserved, must meet food safety regulations (NOMs), administered by the Secretariat of Health (SSA). The following NOMs, which can be complex and may be subject to frequent revision, have been issued on the safety of fishery and aquaculture products:
        • NOM-027-SSA1-1993 establishes sanitary rules for fresh, cooled and frozen fish.
        • NOM-028-SSA1-1993 establishes sanitary rules for preserved fish.
        • NOM-029-SSA1-1993 establishes sanitary rules for fresh, cooled and frozen crustaceans.
        • NOM-030-SSA1-1993 establishes sanitary rules for preserved crustaceans.
        • NOM-031-SSA1-1993 establishes sanitary rules for fresh, cooled and frozen bivalve molluscs.
        • NOM-032-SSA1-1993 establishes sanitary rules for preserved bivalve molluscs.
        • NOM-128-SSA1-1994 regulates the establishment of the HACCP system in the fish processing industry.
        • NOM-129-SSA1-1995 establishes sanitary rules for dried, salted and smoked fish products, as well as fresh, cooled and frozen cephalopod and gastropod molluscs.
        Miscellaneous
        Aquaculture investment 
        The Foreign Investment Law (Ley de Inversión Extranjera) (1993, as amended), implemented by the Regulations to the Foreign Investment Law and to the National Foreign Investment Registry (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiónes Extranjeras) (1998), allows up to 100 percent foreign ownership of aquaculture production, processing and marketing facilities. In general, foreigners are prohibited from acquiring direct dominion over lands or waters in restricted zones (which includes the coastal zone). However, the Law and the Regulation allow foreign ownership in restricted zones, provided a trust is set up for a period not to exceed 50 years. The Law and the Regulation are administered by the General Office of Foreign Investment (Dirección General de Inversión Extranjera, DGIE), falling under the Secretariat of Economy (Secretaría de Economia) and the National Commission of Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE). The CNIE is an intersecretarial administrative entity with responsibility for establishing policy guidelines and criteria for the application of the legal and regulatory provisions in the area of foreign investment. More information on investment in Mexico can be obtained at http://www.economia.gob.mx.
        References
        Legislation
        Related resources
        DeWalt, B.R., J.R. Ramírez Zavala, L. Noriega and R.E. González. 2002. Shrimp Aquaculture, the People and the Environment in Coastal Mexico. Report prepared under the World Bank, NACA, WWF and FAO Consortium Program on Shrimp Farming and the Environment.
        Intersecretarial Commission on Biosafety and Genetic Modified Organisms (Comisión Intersecretarial de Bioseguridad y Organismos Genéticamente Modificados) (CIBIOGEM)
        SEMARNAP. Camaronicultura sustentable. In: FAO.1999. Papers presented at the Bangkok FAO Technical Consultation on Policies for Sustainable Shrimp Culture. Bangkok, Thailand, 8-11 December 1997. FAO Fisheries Report No. 572 (Supplement).
        Related links
        Country profiles: Mexico
         
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