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Author: Subject: Boat Seizues B.C.S
bancoduo
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[*] posted on 12-7-2006 at 03:32 PM


Some of you get tough on gringos guys should look in a mirror. This new enforcement mode might come back and bite you in the ass. :fire:
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[*] posted on 12-7-2006 at 04:30 PM


Quote:
Originally posted by El Comadante Loco

Five PORFEPA agents in a 25ft panga boarded their boats about 8 miles west of isla del Carmen.


Whoa......! I've been reading some of the other threads about fake policemen stopping cars and then robbing the occupants. I'm not sure I would let a panga load of guys who said they were from PORFEPA aboard my boat, for any reason, even if the did show me "credentials." I don't let anyone aboard my boat unless it is obviously the Mexican Navy. I would follow the "PORFEPA" guys wherever they told me to follow, but I would not let them aboard.....only in port with lots of people around. I am very leery about the situation and violence in Mexico today. The cardinal rule is don't let anyone aboard your boat in an isolated spot especially if you are outnumbered.
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[*] posted on 12-7-2006 at 04:44 PM


Quote:
Originally posted by oxxo
Quote:
Originally posted by El Comadante Loco

Five PORFEPA agents in a 25ft panga boarded their boats about 8 miles west of isla del Carmen.


Whoa......! I've been reading some of the other threads about fake policemen stopping cars and then robbing the occupants. I'm not sure I would let a panga load of guys who said they were from PORFEPA aboard my boat, for any reason, even if the did show me "credentials." I don't let anyone aboard my boat unless it is obviously the Mexican Navy. I would follow the "PORFEPA" guys wherever they told me to follow, but I would not let them aboard.....only in port with lots of people around. I am very leery about the situation and violence in Mexico today. The cardinal rule is don't let anyone aboard your boat in an isolated spot especially if you are outnumbered.


Oxxo-- How would you stop them if you are outnumbered?
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[*] posted on 12-7-2006 at 04:47 PM


Quote:
Originally posted by Bruce R Leech
thank you howat no one can plead ignorant on this the laws have been in effect for many years and every one knows that sooner or later they will be unforced. allot of these Mexican bureaucracy's are out trying to make examples of some people who are operating in illegal fashion right now we have the radio guys here now and they are going to catch someone on 2 meters or some other frequency with out a license and they are going to throw the book at them soothers will get legal. also the immigration dept. is getting ready to make some sweeps. it is encouraging to see this hapening.


Bruce- Would you elaborate about "the immigration dept. is getting ready to make some sweeps."? Is this connected with boats? What are they looking for?
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[*] posted on 12-7-2006 at 04:54 PM


If these guys were in the wrong then they deserve what they get. It is illegal to collect shells alone, let alone shell fish. I guess they figure that those shells might have had occupants home when you found them. I would never sign anything that I did not understand what it said, even if that ment a few days in the hoowskow.

oxxo, I would love to see you try to stop any Mexican official from doing an inspection on your boat. If that were to happen you had better just hope for the best. Or, do you carry the firepower on board to back up your words?


I often fish with Mexican Nationals on my boat. They claim that they don't need a license. Does that apply if they are on a boat owned by a foreigner?:lol::lol:




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[*] posted on 12-7-2006 at 05:15 PM


If Profepa officials, just like Fish and Game wardens in the US, want to board and inspect your catch, seems to me you have to let them. If that's a really big problem due to security concerns, I guess all you can do is go see the local Profepa guys on shore, see what they look like so you'll recognize them if they later want to board your vessel. Otherwise, I see a big mess happening.

As for these guys, I can't really pass judgement without better, more reliable information. So while I have little (if any) sympathy for poachers, I believe the law will allow the siezure of your boat or car for possession of a few empty sea shells, in a park being decimated by gill netting in accordance with their "management plan." That's the law, and something about that seems just a little fishy.:biggrin:

As for ignorance of the law being no excuse...I don't know the answer to Minnow's question: Does a Mexican national need a license on an American boat? (The regulations say everyone on board). What are the boat owners responsibilities and liabilities? I do fish with a Mexican national, and will when I get a boat in the spring.
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[*] posted on 12-7-2006 at 05:22 PM


Quote:
Originally posted by Minnow

oxxo, I would love to see you try to stop any Mexican official from doing an inspection on your boat. If that were to happen you had better just hope for the best. Or, do you carry the firepower on board to back up your words?


That is a fair question. I do not carry any firearms aboard, other than a flare gun, but I would have to feel VERY threathened before I would even consider using that.

My boat has high gunnels and no swim platform, so it takes some effort and assistance from aboard for someone to get aboard from a panga. If they didn't have guns, they could be repelled by someone aboard. If they have guns, then not much can be done.

I have no problem with a Mexican official inspecting my boat. I have a problem with 5 guys in a panga, claiming they are Mexican officials coming aboard my boat. It is indeed a dilemma considering the recent attacks directed at Americans in Baja. If all the guys were in uniform and the boat had some sort of official logo on the side, I would feel more comfortable (is that too much to expect?). Much of the problem has to do with people of various nationalities either ignoring or unaware of Mexican Maritime Law with regards to spearguns, fishing seasons, collecting shellfish/crustaceans, etc.

I would like to hear some suggestions from this group about boardings when the individuals look suspicious.....no uniforms and no markings on the boat even though they say they are Mexican officials. What should you do?
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[*] posted on 12-7-2006 at 05:26 PM


RUUUUUNNNNNNNN! And hope they don't have guns. Didn't and american crusing couple get killed by some pirates jsut north of La Paz several years ago? I wonder what their MO was.



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[*] posted on 12-7-2006 at 05:52 PM


Does a Mexican national need a license on an American boat?

Yes absolutely there is no deferent set of laws for Mexicans the law is the law and you stand a chance of losing your boat if you let a Mexicano fish with out a license.




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[*] posted on 12-7-2006 at 05:56 PM


Quote:
Originally posted by toneart
Quote:
Originally posted by Bruce R Leech
thank you howat no one can plead ignorant on this the laws have been in effect for many years and every one knows that sooner or later they will be unforced. allot of these Mexican bureaucracy's are out trying to make examples of some people who are operating in illegal fashion right now we have the radio guys here now and they are going to catch someone on 2 meters or some other frequency with out a license and they are going to throw the book at them soothers will get legal. also the immigration dept. is getting ready to make some sweeps. it is encouraging to see this hapening.


Bruce- Would you elaborate about "the immigration dept. is getting ready to make some sweeps."? Is this connected with boats? What are they looking for?


I don't know. when I was in there Office last week they told me only that. and that they knew several people here that don't have proper papers and were going to be checking on them.




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[*] posted on 12-7-2006 at 05:56 PM


Quote:
Originally posted by Diver
Quote:
Originally posted by Bruce R Leech
usually the ones that PROFEPA gets never see water again. just like the cars they go into impound lots and never come out.


So who's brother-in-law has the keys to the impound ??? :lol:
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So true. there are some here that are OLD. I do think however that they should sell them and use the money for new equipment and training etc.




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[*] posted on 12-7-2006 at 05:57 PM


Hummmm? I am leaning more towards agreeing with you Bruce than not. Otherwise, you could just claim the boat was the Mexicans, then I would only need a fishing license and not a boat permit. I am going to call pesca in SD tomorrow and see what they say.

Ever check out some of the boats in the impound at the CERESO south of Sta. Rosalia? Ancient.

[Edited on 8-12-2006 by Minnow]




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[*] posted on 12-7-2006 at 06:29 PM


Quote:
Originally posted by Minnow
Hummmm? I am leaning more towards agreeing with you Bruce than not. Otherwise, you could just claim the boat was the Mexicans, then I would only need a fishing license and not a boat permit. I am going to call pesca in SD tomorrow and see what they say.

Ever check out some of the boats in the impound at the CERESO south of Sta. Rosalia? Ancient.

[Edited on 8-12-2006 by Minnow]


yes I knew some of the ex owners of some of those. they will stay there until they rot.:lol:




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biggrin.gif posted on 12-7-2006 at 06:33 PM
They might, but it ain't legal


Quote:
Originally posted by Bruce R Leech
what they need to watch for now is if they own any thing in Mexico the PROFEPA Will seize it in Lu of the pending fine. also there could be criminal charges filed.


Your home,everything in it and other personal property is off limits unless they could find evidence of a continuing criminal enterprise. They might could seize a vehicle if it was used to tow the boat...Maybe.

If I were concerned I'd run get an Amparo.

They would sooner arrest you. Then you couldn't run.

Right, DOG? ;D
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[*] posted on 12-7-2006 at 06:43 PM


I think Bruce was refering to paying the 25 million peso fine. How far would they go to collect that? I would bet any property would be far game.



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[*] posted on 12-7-2006 at 06:55 PM


Minnow is right and they don't need to wait to get a judgment. they can take possession before the fact and hold the property until hell freezes over.



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[*] posted on 12-7-2006 at 06:58 PM


Quote:
Originally posted by oxxo
I would like to hear some suggestions from this group about boardings when the individuals look suspicious.....no uniforms and no markings on the boat even though they say they are Mexican officials. What should you do?


Then you run. I am not aware of any attempts in the Loreto area to inspect or board boats, except at the marina, or at sea in a clearly marked "Guardparque" boat with officials in agency shirts with identification which they have immediately proffered, as if they are aware of your concerns. I

f they don't take those steps, run, and if you chose wrong, get an attorney, I guess.
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[*] posted on 12-7-2006 at 08:12 PM


Quote:
Originally posted by Don Alley
I am not aware of any attempts in the Loreto area to inspect or board boats, except at the marina, or at sea in a clearly marked "Guardparque" boat with officials in agency shirts with identification which they have immediately proffered, as if they are aware of your concerns.


Good, I don't have a problem with that, they are welcome on my boat anytime, just like the US Coast Guard. I have nothing to hide. I have never encountered these PROFECA folks so I'm glad you were able to give a description of their identification.

It is the 5 unshaven guys in the panga named Pendejo that are going to have a tough time getting aboard my boat without a struggle. I can't out run a panga, so if they have guns, I'm dog food - that's when I get out the flare gun.
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[*] posted on 12-8-2006 at 07:09 AM


if there is any fishing gear on board the boat then everybody on board must have a fishing license. you must have a boat permit. it is illegal to take shells of any kind and of course shell fish, lobster, crab and cabria. spearfishing is legal but not in the protected parks and yes you need a fishing license to do so. fishing from shore does not require a license but i would carry one anyway. my boat can out :coolup:run those pangas and if i cant identify whos comeing at me then thell have to catch me.
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[*] posted on 12-8-2006 at 09:10 AM


When they appear and pay their fine they will have their boats returned to them. If they don't appear, the boats are taken to La Paz and destroyed. They do not usually keep the boats as it is not policy of Profepa. I have found Profepa to be very reasonable. Their big mistake was not following them back to the office in the marina. As mentioned above, we usually get half the story on these things. They have only four guys to patrol the entire Park. The Park service has another five or six.



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