Law Federal Del Mar

Original Language Title: Ley Federal del Mar

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Federal Law of the Sea

FEDERAL LAW OF THE SEA

Official Journal of the Federation January 8, 1986

DOF-DOF Fe on January 09, 1986

On the sidelines a seal with the National Shield, which says: United Mexican States. -Presidency of the Republic.

MIGUEL DE LA MADRID H., Constitutional President of the United Mexican States, to its inhabitants, known:

That the H. Congress of the Union has been used to address the following

DECREE

" The Congress of the United Mexican States, decrees:

FEDERAL SEA LAW

TITLE FIRST

General Provisions

CHAPTER I

Of Law Enforcement Environments

ARTICLE 1o.- This Law is a regulation of the Fourth, Fifth, Sixth and Eighth paragraphs of Article 27 of the Political Constitution of the United Mexican States, in the on the Mexican marine areas.

ARTICLE 2o.- This Law is of federal jurisdiction, governs in the marine areas that form part of the national territory and, as applicable, beyond this in the marine areas where the Nation exercises rights of sovereignty, jurisdictions and other rights. Its provisions are of public order, within the framework of the national system of democratic planning.

ARTICLE 3o.- The Mexican marine areas are:

a) The Territorial Sea

b) Inland Sea Waters

c) The Contiguous Zone

d) The Exclusive Economic Zone

e) The Continental Platform and the Island Platforms and

f) Any other permitted by international law.

ARTICLE 4.- In the areas listed in the previous Article, the Nation shall exercise the powers, rights, jurisdictions and powers that this same Law establishes, in accordance with with the Political Constitution of the United Mexican States and with international law.

ARTICLE 5o.- Foreign States and their nationals, when carrying out activities in the marine areas listed in Article 3o., shall observe the provisions for each of the They establish this Law, with the rights and obligations consequent.

ARTICLE 6o.- The sovereignty of the Nation and its rights of sovereignty, jurisdiction and jurisdiction within the limits of the respective marine zones, in accordance with this Law, shall be exercised in accordance with the provisions of the Political Constitution of the United Mexican States, international law and applicable national law, with respect to:

I.- The works, artificial islands, installations and marine structures;

II.- The regime applicable to living marine resources, including their conservation and use;

III.- The regime applicable to non-living marine resources, including their conservation and use;

IV.- The economic exploitation of the sea, including the use of dissolved minerals in its waters, the production of electrical or thermal energy derived from the same, from the currents and from the winds, the capture of solar energy in the sea, the development of the coastal zone, mariculture, the establishment of national marine parks, the promotion of recreation and tourism and the establishment of fishing communities;

V.- The protection and preservation of the marine environment, including the prevention of pollution; and

VI.- The conduct of marine scientific research activities.

ARTICLE 7o.- It is for the Federal Executive Branch to apply this Law, through the different dependencies of the Federal Public Administration, which, according to the Organic Law of this and other legal provisions in force, are competent national authorities according to the attributions that confer to each one of them.

ARTICLE 8.- The Federal Executive Branch will be able to negotiate agreements with neighboring states, for the delimitation of the dividing lines between the Mexican marine zones and the corresponding areas of national marine jurisdiction for each of them, in cases where there is an overlap between them, in accordance with international law.

ARTICLE 9o.- Mexico's marine zones will not be extended beyond a midline, whose points are equidistant from the nearest points of the baselines from which measure the width of the Territorial Sea of a neighbouring State, unless otherwise agreed with that State.

The Federal Executive Branch will not recognize the unilateral extension of the marine zones of a neighboring state, beyond a middle line, whose points are equidistant from the most important points. from the base lines from which the width of the Mexican Territorial Sea is measured. In these cases, the Federal Executive Branch will seek negotiation with the neighboring State in question, in order to agree on a mutually acceptable solution.

ARTICLE 10.- The enjoyment of the rights that this Law has in favor of foreign vessels, depends on the existence of reciprocity, with the State whose flag they fly, in favor of the national vessels, and provided that it is within the provisions of the Political Constitution of the United Mexican States and international law.

ARTICLE 11.- The Federal Executive Branch will ensure that maritime relations with other States are carried out under the principle of international reciprocity, apply both to the Mexican marine areas and those established by those States, with respect to any activity carried out by them or their nationals with strict adherence to international law.

ARTICLE 12.- The recognition of the Nation to the acts of delimitation of the marine zones of other States, will be done strictly in accordance with the norms of international law and on the basis of reciprocity.

ARTICLE 13.- The Federal Executive Branch shall ensure that the competent national authorities observe the applicable international standards that recognize the right of the landlocked countries to fly a flag.

CHAPTER II

From Maritime Facilities

ARTICLE 14.- The artificial islands, facilities and structures do not have its own Territorial Sea and its presence does not affect the delimitation of the Territorial Sea, of the Economic Zone Exclusive or the Continental Shelf.

ARTICLE 15.- The Nation has exclusive jurisdiction over the artificial islands, facilities and structures in the Exclusive Economic Zone and the Continental Shelf and in the Island Platforms, including jurisdiction in customs, tax, health, security and immigration regulations.

ARTICLE 16.- The Nation has exclusive rights in Mexican marine areas, to build, as well as to authorize and regulate the construction, operation and use of islands. artificial, plant and structure, in accordance with this Law, the General Law of National Goods, the Public Works Law and other applicable provisions in force.

ARTICLE 17.- The construction, installation, preservation, maintenance, repair and demolition of real estate dedicated to exploration, location, drilling, Extraction and development of marine resources, or destined for a public service or for common use in Mexican marine areas, must be made by observing the legal provisions in force in this field.

CHAPTER III

Sea Resources and Economic Use

ARTICLE 18.- The application of this Law shall be carried out in strict observance of the legislation on fishing, the provisions emanating from it and other applicable, in the conservation and use measures by nationals or foreigners of living resources in the Mexican marine areas.

ARTICLE 19.- The exploration, exploitation, profit, exploitation, refining, transportation, storage, distribution and sale of the subsea hydrocarbons and minerals, in the Mexican marine areas, is governed by the Regulations of the Article 27 Constitutional in the Ramo of the Petroleum and in the Mining Matter and their respective Regulations, as well as by the applicable provisions of this Law.

ARTICLE 20.- Any activity involving the exploitation, use and economic exploitation of Mexican marine areas, other than those provided for in the two Articles This Title is governed by the provisions of the fourth, fifth and sixth paragraphs of Article 27 of the Political Constitution of the United Mexican States, as well as by this Law and other laws and regulations. applicable.

CHAPTER IV

Marine Environment Protection and Preservation and Marine Science Research

ARTICLE 21.- In the exercise of the powers, rights, jurisdictions and powers of the Nation within the Mexican marine zones, the Federal Law of Protection shall apply. Environment, the General Health Law, and their respective Regulations, the Federal Water Act and other applicable laws and regulations in force or to be adopted, including this Law, their regulations and the relevant rules of international law for to prevent, reduce and control pollution of the marine environment.

ARTICLE 22.- In carrying out scientific research activities in the Mexican marine areas, the following principles will apply:

I.- They will be exclusively for peaceful purposes.

II.- They shall be carried out with appropriate scientific methods and means, compatible with this Law and other applicable laws and with international law.

III.- They shall not interfere unjustifiably with other legitimate uses of the sea compatible with this Law and with international law.

IV.- All laws and regulations relevant to the protection and preservation of the marine environment shall be respected.

V.- They shall not constitute a legal basis for any claim on any part of the marine environment or its resources.

VI.- When in accordance with this Law they are permitted to be carried out by foreigners, the highest possible degree of national participation will be ensured, and

VII.- In the case of the previous fraction, the nation will ensure that the results of the investigation are provided and, if requested, the necessary assistance for its interpretation and evaluation.

TITLE SECOND

From Mexican Marine Zones

CHAPTER I

The Territorial Sea

ARTICLE 23.- The Nation exercises sovereignty in a strip of the sea, called the Territorial Sea, adjacent to both the national, continental or island coasts, and to the waters Interior navies.

ARTICLE 24.- The sovereignty of the Nation extends to the airspace over the Territorial Sea, the bed and the subsoil of that Sea.

ARTICLE 25.- The width of the Mexican Territorial Sea, is 12 nautical miles (22,224 meters), measures in accordance with the provisions of this Law and its Regulations.

ARTICLE 26.- The boundaries of the Territorial Sea are measured from baselines, whether normal or straight, or a combination thereof, determined according to the provisions of the Regulation of this Law.

ARTICLE 27.- The outer boundary of the Territorial Sea is the line each of whose points is at a distance of 12 nautical miles (22,224 meters), from the nearest point of the lines which constitute their internal limit, determined in accordance with Article 26 of this Law and with the relevant provisions of their Rules of Procedure.

ARTICLE 28.- Any slave who enters the Territorial Sea on a foreign vessel will, for that fact, reach his freedom and the protection of the laws, in the words Article 2 of the Political Constitution of the United Mexican States.

ARTICLE 29.- The vessels of all States, whether coastal or landlocked, enjoy the right of innocent passage through the Mexican Territorial Sea.

ARTICLE 30.- When a foreign warship does not comply with the rules of this Law, its Regulations and other national legal provisions relating to the passage through the Sea Territorial, and do not abide by the invitation that you will be made to fulfill them, you may be required to leave immediately from the Mexican Territorial Sea.

ARTICLE 31.- The Federal Executive Branch will demand the responsibility of the flag State for any loss or damage to the Nation as a result of non-compliance by a war craft or other craft intended for non-commercial purposes, national laws and regulations relating to the passage through the Territorial Sea or the provisions of this Law, its Regulations and other applicable rules of law "

Fe de errata to article DOF 09-01-1986

ARTICLE 32.- With the exceptions provided for in the provisions of this Title, no provision of this Law shall affect the immunities to which vessels are entitled foreign war and other vessels of State for non-commercial purposes, for being subject only to the jurisdiction of the State of its flag and, on the basis of reciprocity to vessels of State destined for commercial purposes.

ARTICLE 33.- The overflight of foreign aircraft in the Territorial Sea is subject to national laws, in accordance with the international obligations of the States. United Mexicans in the matter and its inspection, surveillance and control are subject exclusively to the jurisdiction and competence of the Federal Executive Branch, in the terms of the Law of General Roads of Communication and other legal provisions in force.

CHAPTER II

Of Inland Marine Waters

ARTICLE 34.- The Nation exercises sovereignty in the areas of the sea known as the Inland Marine Waters, between the national coasts, both continental and island, and the Mexican Territorial Sea.

ARTICLE 35.- The sovereignty of the Nation extends to the airspace over the Inland Marine Waters, the bed and the subsoil of these waters.

ARTICLE 36.- It is inland marine waters that are between the coast and the baselines, normal or straight, from which the Territorial Sea is measured, compliance with the relevant provisions of the Regulation of this Law and including:

I.- The northern part of the Gulf of California;

II.- Those of the internal bays;

III.- The ports of the ports;

IV.- The inner reefs; and

V.- Those of the mouths or deltas of rivers, lagoons and estuaries communicated permanently or intermittently with the sea.

ARTICLE 37.- The internal boundary of the Inland Marine Waters coincides with the bottom line along the coast, when this line is not taken as a basis for measuring the Territorial Sea according to the provisions in the Regulation of this Law, as it appears in the large-scale letters officially recognized by the United Mexican States.

ARTICLE 38.- For the effects of the interior boundary of the Inland Marine Waters, the bottom line is the line of greatest ebb and flow where the marine waters arrive in a the time given along the continental or island coasts of the Nation.

ARTICLE 39.- The outer boundary of the Inland Marine Waters identically coincides with the baselines from which the Territorial Sea is measured, as it appears in the large-scale letters officially recognized by the United Mexican States.

ARTICLE 40.- The delimitation of Inland Marine Waters in zones of colindance with marine zones of national jurisdiction of neighboring States shall be considered to be a delimitation that is fixed or agreed for the dividing line between the Mexican Territorial Sea and the Territorial Sea or other marine areas of national jurisdiction of those neighbouring States, in accordance with Articles 8 or 8. and 9o. of this Law and the relevant provisions of its regulation.

ARTICLE 41.- The foreign vessels that sail in the Inland Marine Waters are subject to compliance with this Law, their Regulations and the other applicable legal provisions of the Republic.

CHAPTER III

From The Contiguan Zone

ARTICLE 42.- The Nation has in an area adjacent to its Territorial Sea, designated by the name of Zona Contigua, competition to take the necessary control measures with the object of:

I.- Prevent breaches of the applicable rules of this Law, its Regulations and customs, tax, immigration or health laws and regulations that may be committed in the territory, in the Inland Marine Waters or in the Sea Territorial Mexicans; and

II.- Punish the violations of those applicable rules of this Law, of its Regulations and of those laws and regulations committed in the territory, in the Inland Marine Waters or in the Territorial Sea.

ARTICLE 43.- The Contigua Zone of Mexico extends to 24 nautical miles (44,448 meters), counted from the base lines from which, pursuant to Article 26 of this Law, and with the relevant provisions of its Regulation, the width of the Mexican Territorial Sea is measured.

ARTICLE 44.- The lower boundary of the Contigua Zone identically coincides with the outer boundary of the Territorial Sea, determined by the latter in accordance with Article 27 of the This Law and the relevant provisions of its Rules of Procedure and which appear in the letters officially recognized by the United Mexican States.

ARTICLE 45.- The outer boundary of the Mexican Contigua Zone, is the line each of whose points is, from the nearest point of the determined Territorial Sea baselines Article 26 of this Law, at a distance of 24 nautical miles (44,448 meters).

CHAPTER IV

From The Exclusive Economic Zone

ARTICLE 46.- The Nation exercises in an Exclusive Economic Zone located outside the Territorial Sea and adjacent to it:

I.- Rights of sovereignty for the purposes of exploration and exploitation, conservation and management of natural resources, both living and non-living, whether renewable or non-renewable, of the bed and subsoil of the sea and of the suprayacent waters; and with respect to other activities with a view to the economic exploration and exploitation of the Zone, such as the production of energy derived from water, currents and winds;

II.- Jurisdiction, in relation to the relevant provisions of this Law, its Regulations and international law, with respect to:

1.- The establishment and use of artificial islands, facilities and structures;

2.- To marine scientific research; and

3.- For the protection and preservation of the marine environment; and

III.- Other rights and duties to be set by this Law, its Rules of Procedure and international law.

ARTICLE 47.- The Federal Executive Branch will ensure that, in the exercise of rights and jurisdictions and in the fulfillment of the duties of the Nation in the Economic Zone The rights and duties of other States shall be duly taken into account and acted in a manner compatible with international law.

ARTICLE 48.- The Federal Executive Branch shall respect the enjoyment of foreign States, in the Exclusive Economic Zone, of the freedom of navigation, of overflight and of the freedom to tender undersea cables and pipes, as well as other internationally legitimate uses of the sea relating to such freedoms, such as those linked to the operation of vessels, aircraft, and submarine cables and pipes, and which are compatible with international law.

ARTICLE 49.- The Federal Executive Branch will monitor that, when exercising foreign states, their rights and their duties in the Mexican Exclusive Economic Zone, they have duly in due regard to the rights, jurisdictions and duties of the Nation and comply with this Law, its Regulations and other national regulations adopted in accordance with the Constitution and applicable rules of international law.

ARTICLE 50.- The Mexican Exclusive Economic Zone extends to 200 nautical miles (370,400 meters) counted from the baselines from which, pursuant to Article 26 of this Law, the Width of the Territorial Sea.

ARTICLE 51.- The islands enjoy exclusive economic zone but not the rocks unfit to maintain human habitation or economic life of their own.

ARTICLE 52.- The internal limit of the Exclusive Economic Zone identically coincides with the outer boundary of the Territorial Sea, determined in accordance with Article 26 of the this Law, and with the relevant provisions of its Rules of Procedure, and which appears in the letters officially recognized by the United Mexican States.

ARTICLE 53.- The outer boundary of the Mexican Exclusive Economic Zone is the line each of whose points are from the nearest point of the base lines of the Territorial Sea determined in Article 26 of this Law, at a distance of 200 nautical miles (370,400 meters).

ARTICLE 54.- The outer boundary of the Exclusive Economic Zone, consequently, is constituted by a series of arches that unite the points whose geographical coordinates were published by Decree in the Official Journal of the Federation, on 7 June 1976, and which appear in the letters officially recognized by the United Mexican States.

ARTICLE 55.- The Federal Executive Branch shall ensure that, subject to the relevant provisions of this Law, its Rules of Procedure and international law, the freedom of navigation and overflight, in the Mexican Exclusive Economic Zone by vessels and aircraft of all States, whether they are coastal or landlocked.

ARTICLE 56.- The Federal Executive Branch will dictate appropriate management and conservation measures so that living resources are not threatened by excessive exploitation, determine the permissible capture of living resources in the Exclusive Economic Zone and, without prejudice to the foregoing, promote the optimal use of these resources. When the total allowable catch of a species is greater than the capacity to fish and hunt for national vessels, the Federal Executive Branch will give access to foreign vessels to the surplus of the allowable catch in the national interest and under the conditions laid down by Mexican fisheries legislation.

CHAPTER V

From the Continental or Insular Platform

ARTICLE 57.- The Nation exercises sovereignty rights over the Continental Shelf and Island Platforms for the purposes of its exploration and exploitation of its resources. natural.

ARTICLE 58.- The sovereignty rights of the Nation referred to in the previous Article are exclusive, in the sense that if Mexico does not explore the Continental Shelf and the Island platforms or do not exploit their natural resources, no one can undertake these activities without the express consent of the competent national authorities.

ARTICLE 59.- The sovereignty rights of the Nation referred to in Article 57 are independent of the actual or fictitious occupation of the Continental Shelf and the Island Platforms.

ARTICLE 60.- The Rights of the Nation on the Continental Shelf and the Island Platforms do not affect the legal status of the suprayacent waters, nor that of the space air situated on such waters.

ARTICLE 61.- The exercise of the Nation's rights on the Continental Shelf and the Island Platforms shall not affect the navigation and other rights and freedoms of the the other States, provided for in this Law, in their Rules of Procedure and under international law, or having as a result unjustified interference in them.

ARTICLE 62.- The Continental Shelf and the Mexican Island Platforms, comprise the bed and subsoil of the underwater areas that extend beyond the sea. territorial, and all along the natural extension of the national territory to the outer edge of the continental margin, or up to a distance of 200 nautical miles counted from the base lines from which the width is measured of the territorial sea, in cases where the outer edge of the continental margin does not reach that distance, in accordance with the provisions of international law. The above definition includes the platform of islands, cays and reefs that form part of the national territory.

Fe de errata to article DOF 09-01-1986

ARTICLE 63.- The islands enjoy Insular Platform, but not the rocks unfit to maintain human habitation or own economic life.

ARTICLE 64.- The internal boundary of the Continental Shelf and the Mexican Island Platforms identically coincide with the outer boundary of the soil of the Territorial Sea. determined in accordance with Article 26 of this Law and with the relevant provisions of its Rules of Procedure, and as it appears in the letters officially recognized by the United Mexican States.

ARTICLE 65.- In places where the outer edge of the Continental Shelf and Island Platforms continental margin does not reach 200 nautical miles counted from the baselines from which the Territorial Sea is measured, the outer boundary of the said Platforms will coincide identically with the outer boundary of the soil of the Exclusive Economic Zone, determined according to the provisions of the Article 53 and 54 of this Law, and which appears in the letters officially recognized by The United States of Mexico.

TRANSIENT

ARTICLE FIRST.- This Law shall enter into force on the date of its publication in the Official Journal of the Federation.

ARTICLE SECOND.- This Law repeals the Regulatory Law of the Eighth Paragraph of Article 27 Constitutional, concerning the Exclusive Economic Zone, published in the Official of the Federation on February 13, 1976.

ARTICLE THIRD.- This Law repeals all the legal provisions in force that you are opposed to. The matters not provided for in this Law relating to activities in the marine areas of national jurisdiction shall be governed by the national legislation in force in so far as they are not opposed.

ARTICLE FOURTH.- Violations of the provisions of this Law shall be sanctioned by the competent national authorities in accordance with national laws. applicable to their different materials.

Mexico, D. F., at December 18, 1985.-Sen. Socorro Díaz Palacios, President.-Dip. Fernando Ortiz Arana, President.-Sen. Guillermo Mercado Romero, Secretary.-Dip. Reyes Rodolfo Flores Z., Secretary.-Rubricas.

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States and for their proper publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, on the twentieth day of December of a thousand nine hundred and eighty-five.- Miguel de la Madrid H.-Rubrias.-The Secretary of the Interior, Manuel Bartlett D.-Heading.-The Foreign Secretary, Bernardo Sepulveda Amor.-Heading.-The Secretary of the Navy, Miguel Ángel Gómez Ortega.-Heading.-The Secretary of Communications and Transport, Daniel Díaz Díaz.-Heading.-The Secretary of Tourism, Antonio Enriquez Savignac.- The Secretary of Fisheries, Pedro Ojeda Paulada.-Heading.

Fe de errata to paragraph DOF 09-01-1986


TRANSIENT ITEMS OF REFORM DECREES

Eerrat FE of the Law of the Sea, published on January 8, 1983.

Published in the Official Journal of the Federation on January 9, 1986

On page 6, first column, Article 31, row eighth, says:

"territorial Sea Pass".

You must say:

"step through the Territorial Sea".

On page 8, second column, Article 62; line once, says:

"from the outer edge of the continental margin".

You must say:

"that the outer edge of the continental margin".

On page 9, second column, the second paragraph, tenth to eighteenth row, says:

thousand nine hundred and eighty-five.- Miguel de la Madrid H.-Heading.-The Secretary of the Interior. Manuel Bartlett D.-Heading.-The Secretary of the Navy, Miguel Ángel Gómez Ortega.-Heading.-The Secretary of Communications and Transport, Daniel Díaz Díaz.-Heading.-The Secretary of Tourism, Antonio Enriquez Savignac.- Heading.-The Secretary of Fisheries, Pedro Ojeda Paulada.-Heading.

Must say: one thousand nine hundred and eighty-five.- Miguel de la Madrid H.-Heading.-The Secretary of the Interior, Manuel Bartlett D.-Heading.-The Secretary of Relations Exteriors, Bernardo Sepulveda Amor.-Heading.-The Secretary of the Navy, Miguel Ángel Gómez Ortega.-Heading.-The Secretary of Communications and Transport, Daniel Díaz Díaz.-Heading.-The Secretary of Tourism, Antonio Enriquez Savignac.-Heading.-The Secretary of Fisheries, Pedro Ojeda Paulada.-Heading.