Fisheries Law

This activity shall be subject to the international treaties and agreements that the country has signed regarding fishing, aquaculture, water resources, and ecological matters, as well as the national laws on these subjects, the present law, and its regulatory provisions.

Tuna purse seine fishing activity by foreign vessels within the exclusive economic zone, but outside the territorial sea, will be subject to the international treaties and agreements to which Costa Rica is a party, as well as the special laws created. for the effect.

Article 36 bis of the Fisheries Law creates the Marine Coastal Ecosystem Services Payment Fund, to be managed by the Ministry of Environment and Energy. The purpose of the Fund is to promote the conservation, sustainable use, and restoration of ecosystems located within the territorial sea, as well as its exclusive economic zone, through economic incentives. The beneficiaries of this Fund will include artisanal fishers; associations, cooperatives, and small businesses of artisanal fishers; mollusk harvesters; associations of athletes involved in sea-related activities; local tourism associations and chambers; sport and recreational fishing tourism operators; and organized groups in coastal communities engaged in activities related to restoration, conservation, and sustainable use of marine resources. The activities eligible for economic compensation include: e) Collection and recovery of abandoned, lost, or discarded fishing gear.

Article 38 - The executing authority of this Law shall determine the prohibited fishing methods, techniques, equipment, and gear. In the jurisdictional waters of the Costa Rican State, the following are prohibited: a) Using or carrying on board a vessel fishing gear not authorized by the executing authority. b) Using explosives of any kind for fishing activities. c) Employing acoustic equipment as fishing gear and toxic substances on vessels. d) Obstructing the natural migration of fish. e) Intercepting fish in watercourses through installations, shortcuts, or other procedures that harm aquatic flora and fauna. f) Introducing live species declared harmful to fishing resources by the State. g) Dumping, directly or indirectly, into surface, underground, or territorial marine waters, any liquid, solid, gaseous, radioactive, or non-radioactive waste, sewage, fuels in any state, hydrocarbons, toxic waste, biological waste derived from plant extracts used to blind fish and other aquatic organisms, chemical substances, or any substances that alter the physical, chemical, and biological characteristics of the water, making it dangerous for human health, terrestrial and aquatic fauna and flora, or rendering it unsuitable for domestic, agricultural, industrial, or recreational use. h) Capturing specimens of species smaller than the authorized size. i) Using unauthorized dimensions and materials for nets, hooks, fishing lines, and gear, which, based on the type of vessel, fishing method, or species, do not comply with the standards set for fishing. j) Using gillnets and pelagic trawl nets at high altitudes. k) Engaging in any practice that threatens the sustainability of fishery resources. l) Using vessels without an up-to-date fishing license or vessels that are not properly identified with their name, flag, and registration number displayed on both sides of the bow.

prohibits the following practices in Costa Rican waters: a) using or carrying unauthorized fishing gear on board a vessel; b) using explosives of any kind for fishing purposes; c) employing acoustic equipment as fishing gear or using toxic substances on vessels; d) obstructing the natural migration of fish; e) blocking fish in watercourses with installations, shortcuts, or other procedures harmful to aquatic flora and fauna; g) discharging directly or indirectly into surface, underground, or territorial marine waters any liquid, solid, gaseous, radioactive or non-radioactive waste, sewage, fuels, hydrocarbons, toxic waste, biological waste from plant extracts used to blind fish, or other substances that alter the physical, chemical, or biological properties of water, making it hazardous to human health, terrestrial and aquatic fauna and flora, or unfit for domestic, agricultural, industrial, or recreational use; i) using unauthorized dimensions and materials for meshes, hooks, nets, and other fishing gear based on the vessel type, fishing technique, or species targeted; j) using gillnets and high-seas pelagic trawl nets.

Article 142 - A fine ranging from twenty to sixty base salaries, as defined in Article 2 of Law No. 7337, dated May 5, 1993, shall be imposed on anyone who, with or without a fishing permit, license, or authorization, uses prohibited or illegal fishing gear while carrying out fishing activities in inland waters, continental waters, territorial seas, or the exclusive economic zone.

fine of 60 to 80 base salaries, and cancellation of the respective license in the case of use of poisonous, dangerous, toxic or substances of any nature, explosive or poisonous materials that damage or endanger marine or aquatic ecosystems, or human life.

prohibits maritime hunting, the capture of cetaceans, pinnipeds and chelonians, as well as the use of their breeding places, except as established in international conventions or treaties duly ratified by Costa Rica.

establishes a prison sentence of one to three years will be for anyone who pursues, captures, wounds, kills, transfers or trades chelonians, marine mammals or aquatic species declared in danger of extinction protected by international conventions applicable to Costa Rica, in the territorial sea.

INCOPESCA will oversee both national and foreign vessels engaged in shark fishing and may coordinate with competent authorities to conduct operations. Shark fishing is permitted only when the sharks are landed at designated unloading sites with their fins naturally attached to the body. Landing sites for shark fishing will be supervised by INCOPESCA. Authorities from the Ministry of Public Security, the National Coast Guard Service, and Secretariat of the Environment, may also be present at these unloading sites. Additionally, INCOPESCA will exercise control within territorial waters and the exclusive economic zone to ensure that sharks caught by national or foreign vessels retain their fins attached. The Executive Branch, in coordination with INCOPESCA, will determine, through regulations under this law, which shark species lack commercial value and establish their use for other fishing purposes.

Article 139 - A penalty of six months to two years of imprisonment shall be imposed on anyone who allows, orders, or authorizes the unloading of shark fins without the corresponding body or trunk at the locations where such resources are unloaded, with the intent to sell or commercialize these fins.

When these violations are committed by the person responsible for or the owner of a foreign vessel operating in the exclusive economic zone or territorial waters, they shall be penalized with a fine equivalent to forty to sixty base salaries, in accordance with Article 2 of Law No. 7337, and the cancellation of the fishing license.

Additionally, operations may be carried out on tuna purse-seine vessels to ensure they carry and maintain in proper working order the satellite monitoring equipment. INCOPESCA may coordinate such operations with the Ministry of Public Security and the National Coast Guard Service.

exploratory fishing conducted by individuals or legal entities, whether Costa Rican or foreign, or by international organizations using national or foreign-flagged vessels, will require a permit issued by the executing authority. The executing authority must designate a representative, with the role of observer, for foreign-flagged vessels and, at its discretion, for national-flagged vessels, to monitor the research work and ensure it complies with the conditions and limits set by INCOPESCA.

INCOPESCA will recommend and review, every year, the fisheries management plan for the exclusive economic zone, based on technical and scientific criteria according to social, economic, and environmental parameters, guiding the competitive development of fishing under the authorized modalities. This plan must consider the technological state of the fleets and their requirements for optimal execution, and will include, among other things, the determination of permitted fishing effort; monitoring, control, and surveillance measures, such as logs, physical or electronic systems, observers on board, as appropriate; mechanisms for reducing incidental catch, and any other technical aspect necessary for the proper performance of responsible fishing.

every tuna purse-seine vessel authorized to fish in Costa Rica's jurisdictional waters, in areas designated for this type of purse-seine fishing, under tuna licenses or with fishing capacity granted to operate in the eastern Pacific Ocean, must carry an observer on board to ensure the collection of scientific information and compliance with national fishing regulations. The observer’s presence will be required on all fishing trips for the period granted by the license or the period of the fish hold capacity concession. For these purposes, INCOPESCA must ensure the suitability of the observer for performing the assigned functions. These observers must be Costa Rican citizens, residents, or foreign nationals with work permits for national or foreign-flagged tuna vessels, in accordance with the provisions of the Inter-American Tropical Tuna Commission (IATTC). INCOPESCA will begin its own observer program for tuna purse-seine vessels, which must be properly regulated, considering the parameters, protocols, and requirements established by the corresponding RRFMO measures. The cost of the On-Board Observer Program for purse-seine tuna vessels will be financed by a fee per cubic meter of the hold capacity assigned within the catch quotas granted to the country. Additionally, these vessels must provide access to the captain’s logbook, detailing all relevant catch information, and share the signal from their satellite monitoring system for control on the INCOPESCA satellite monitoring platform, as an essential condition for granting the license.

imposes a fine ranging from five to fifteen base salaries on those who transship or unload fishery products in national territory, within their jurisdiction, without the authorization of INCOPESCA, or at a site not explicitly authorized by the institution, unless it is a case of force majeure or an unavoidable event that has been properly proven.

The "operator" or "shipwoner" is the person who, on their own behalf, prepares a vessel for navigation, including provisioning and hiring fishermen. The shipowner may or may not be the owner of the vessel. The fishing master or captain is the person on board the vessel responsible for directing fishing operations and navigation. For all purposes, the captain is considered the highest authority on board and is responsible for ensuring strict compliance with the current fisheries legislation. Failure to comply may result in civil, criminal, and administrative liabilities. In administrative and civil matters, the shipowner, fishing master, and captain will be jointly liable for any violation of fisheries legislation when actual damage is caused.

Article 58 – It is prohibited for tuna purse-seine vessels, both national and foreign, to unload, under any title, fishing products other than those authorized by the corresponding fishing license to meet the supply needs of tuna processing plants, except when such products are to be donated to social welfare institutions, with prior authorization from INCOPESCA.

Failure to comply with this provision will result in the immediate suspension of the fishing license or permit, following due process, during the year of validity of the annual fishing registration. In the case of a repeated violation of this regulation, the granting of the fishing license will be suspended, in accordance with due process, for two calendar years.

Article 59 - INCOPESCA shall establish a satellite monitoring system to supervise and control the fishing activities of tuna purse-seine vessels within the exclusive economic zone.

To carry out such activities, these tuna vessels must carry the satellite equipment required and authorized by INCOPESCA and ensure it is in proper working condition. The fishing license of any individual or legal entity holding or awarded the license that fails to comply with the provisions of this article shall be revoked without any compensation.

The determination of such a satellite system must not be designed in a way that causes arbitrary discrimination regarding the providers or brands of the required equipment.

Article 139 - A penalty of six months to two years of imprisonment shall be imposed on anyone who allows, orders, or authorizes the unloading of shark fins without the corresponding body or trunk at the locations where such resources are unloaded, with the intent to sell or commercialize these fins.

When these violations are committed by the person responsible for or the owner of a foreign vessel operating in the exclusive economic zone or territorial waters, they shall be penalized with a fine equivalent to forty to sixty base salaries, in accordance with Article 2 of Law No. 7337, and the cancellation of the fishing license.

Additionally, operations may be carried out on tuna purse-seine vessels to ensure they carry and maintain in proper working order the satellite monitoring equipment. INCOPESCA may coordinate such operations with the Ministry of Public Security and the National Coast Guard Service.

Article 143 – Anyone who engages in fishing activities in the exclusive economic zone using poisonous, hazardous, toxic, or any other type of substances, as well as explosive or poisonous materials that damage or endanger marine or aquatic ecosystems or human life, shall be sanctioned with a fine of sixty to eighty base salaries, as defined in Article 2 of Law No. 7337, dated May 5, 1993, and the cancellation of the respective license, without prejudice to the penalties established in the legal framework.
If the offense is committed in inland marine waters, continental waters, or territorial seas, a prison sentence of two to ten years shall be imposed.

Article 156 - In the cases provided for in this section, the judge may also impose the following accessory penalties:
a) The cancellation of the license, permit, concession, or authorization to carry out the activity during which the offense was committed.
b) The temporary or permanent closure of the company involved in committing the offense.
c) Failure to pay the fine will result in the seizure of the respective vessel by the Public Registry.

Article 113- Licenses, permits, and authorizations shall be terminated for the following reasons:

a) Expiration of the term, without a legally submitted request for an extension.

b) Impossibility of fulfilling its purpose.

c) Explicit resignation or abandonment by the interested parties.

d) Cancellation of licenses, permits, or authorizations by the competent authorities, respecting due process.

Article 114- The executing authority shall proceed to cancel licenses, concessions, permits, or authorizations, respecting due process, when their holders:

a) Put the ecosystem at imminent risk.

b) Provide information outside the terms and deadlines requested by INCOPESCA or commit any falsehood when submitting it.

c) Deny the authority access to inspect the facilities.

d) Fail, without justified cause, to comply with the general technical conditions for fishing and aquaculture established by INCOPESCA.

e) Transfer these rights without proper authorization or in cases where such rights are non-transferable.

f) Fail to comply with the investment and management plans already established for aquaculture concessions.

g) Fall into bankruptcy, insolvency, receivership, dissolution, or liquidation of assets.

h) Fail to properly install the terminal equipment and sensors forming part of the satellite tracking system on tuna purse-seine vessels within the deadlines established by this Law.

requires the use of a Vessel Monitoring System (VMS) for tuna purse seine vessels operating in the exclusive economic zone. It mandates that these vessels must carry the satellite equipment required and authorized by INCOPESCA and keep it in proper working condition. Failure to comply results in the cancellation of the fishing license without compensation to the license holder.