©2006-2010 Tsunami Fishing Systems

Private Boating in Mexico?

Hablamos la Pesca

San Martin Island Skiff fishermen
San Martin Island Skiff Fishermen

If you are headed into Mexican waters with your own boat, be aware of the rules and regulations covering your trip. The following are some general guidelines that are current as of June, 2009, but are subject to change at any time, especially given the current problems with terrorism.

Mexican Paperwork:

  • You must have a Mexican fishing license for everyone on board, even if they are not fishing, no matter what their age (toddlers and infants included).

  • As of January 2008, Mexican boat permits are no longer required.

  • Fishing licenses can be purchased directly from the Mexican Ministry of Fisheries (CONAPESCA, see below), or from various local tackle shops in Southern California. Be aware that the tackle shops are allowed to charge whatever markup they want for the licenses, so it is worth calling around and doing a little comparison shopping.

US Paperwork:

  • If you will also be fishing in California waters, you willl need a current California fishing license

  • If you will be keeping fish caught in Mexico, you will need a California fish and game import form (see below).

  • If you leave from a US Port, and your boat does not make landfall at any Mexican port, and you do not contact any hovering vessel in Mexican waters, US Customs and Border Protection does not consider you to have left US waters. Therefore, you do not need to check in with CBP when you return, you do not need any special ID, nor do you need any special licensing or permits for your radio.

  • If your boat makes landfall at a Mexican port, or you contact a hovering vessel in Mexican waters, there are a number of restrictions:
    • You must check in with CBP when you return. Passengers that are not US citizens must have their passports or Permanent Resident IDs with them. If you are a US citizen, you must have a drivers license and original birth certificate, or a valid passport.

    • If you have a VHF radio, you must have the radio registered with the FCC, and you must obtain a Restricted VHF Radio Operators Permit from the FCC (see below).

Fish & Game Laws:

CA DFG Logo
  • Mexico has different regulations than California. This includes bag and size limits, rules on cleaning fish at sea (not allowed in Mexico), the number of fishing rods allowed per person (10 maximum per angler), how many lines can be in the water at one time (1 per angler), etc. For more detailed information, see the Mexican National Aquaculture and Fishing Commission (CONAPESCA) website. For more info on California regulations, see the California Department of Fish and Game's website.

  • If you decide to keep a fish, how would a Game Warden (Mexican or Californian) know whether you caught the fish in Mexican or US waters? So far, the rules have been: if you're in Mexican waters, the Mexican authorities will assume you caught the fish in Mexican waters. If you're in US waters, if you have fish fillets in the boat, they will be considered California fish, since you can't clean Mexican fish at sea.

  • California requires that if you do keep Mexican fish, you must submit a Fish & Game import form to the DFG. The form can be downloaded from their website. We keep a few copies on-board in the boat's logbook all the time.

Boating Issues:

  • Review your marine insurance policies, and make sure it covers you if something happens in Mexican waters.

  • If you have towing insurance, make sure your towing company will come into Mexican waters to bring you back

US Customs and Border Protection:

US Homeland Security Logo
  • As mentioned above:

    I    f your vessel leaves from a US port, travels into international or foreign waters, but you never make landfall, and you never contact a vessel hovering in foreign waters, you are NOT considered to have left the US. You are NOT required to stop for inspection with US Customs and Border Protection when you return.

  • If you do make landfall, or have contact with a vessel hovering in foreign waters, you MUST report in to the USCBP and stop for inspection when you return to port.

    "Stop for inspection" means docking at the appropriate location, calling USCBP, and having a customs agent inspect your vessel. For the exact protocol, contact numbers, and restrictions on vessel docking, see the USCBP website: http://www.cbp.gov/xp/cgov/travel/pleasure_boats/boats/pleasure_locations/sandiego.xml

    In San Diego Harbor, the customs dock for private boats is located at the Shelter Island Police Docks. In Mission Bay, it is located at Dana Landing. According to USCBP staff, turnaround time at Shelter Island should take no more than 15 minutes.

    Do you really need to stop? Many people do not. However, be advised that you can be fined up to $5,000 if you don't stop. It is entirely YOUR DECISION, but we recommend following the USCBP requirements.

    As mentioned earlier, if you travel into Mexico, and are not a US citizen, be sure to take your passport or Permanent Resident ID with you. You should also check with USCBP to see if there are any issues with your visa. If you are a US citizen, make sure you carry a passport or your drivers license and your original birth certificate with you, if you want to get back into the US.

FCC Licensing:

FCC Logo

As per FCC and US Coast Guard staff, if the USCBP does not consider you to have left US waters (see above), you do not need any special licensing to use your VHF radio.

On the other hand, if you use your VHF radio to contact Mexican authorities or Mexican vessels while in Mexican waters, you must register your radio with the FCC (which gives you a call sign), and you must obtain a Restricted Radio Operator's Permit. This is required for you to be in compliance with international treaties on marine band VHF. See this FCC web page for more information: http://wireless.fcc.gov/marine/fctsht14.html#SEC2. Both of these items can be obtained over the Internet from the FCC's Universal Licensing System (ULS) website.

Do you really need to get these licenses? The formal answer is "yes". It is clear from the legal perspective that if you intend to use your radio outside of the US, you must get these licenses. However, in practice, many people do not. Many people are not even aware of the Restricted Radio Operator's Permit.

The Mexican authorities rarely ask for the radio paperwork, as they are focused more on boat permits and fishing licenses (things which result in revenue to Mexico). However, there have been cases in the past where the Mexican Navy detained US boaters for not having these documents. Our philosophy is "better safe than sorry", especially when all it takes is a few dollars and filling out a form.

Summary:

PLEASE NOTE: All of this information is subject to change at any time, and Beyond The Breakwater / Tsunami Fishing Systems takes no responsibility for changes that may have occurred since the latest updates to this article in June 2009. For the latest information, check these websites: