Article 2° – AUTHORITY TO ASSIGN
The Executive Branch, through the Ministry of Agriculture and Livestock (MAG), shall have the authority to assign, in partial volumes, the fishing capacity established in Article 1 of this regulation to tuna purse-seine fishing vessels, ensuring that the assigned capacity does not exceed the limit recognized by the Inter-American Tropical Tuna Commission (IATTC) for the State of Costa Rica.
The capacity assigned to the specific vessel requested may correspond to part or the entirety of the volume of its hold, estimated in cubic meters. In cases of partial assignments, the vessel may only operate with the capacity assigned by the State of Costa Rica and the capacity assigned by its flag state.

The MAG shall reserve a percentage of the capacity to be assigned to:

a) Tuna purse-seine fishing vessels, either under the national flag or foreign flag, that are owned by or associated with tuna processing companies already established and operational in Costa Rica as of the effective date of this Decree, provided they demonstrate credible evidence of their association with such industry to ensure a supply of raw materials.

b) Tuna purse-seine fishing vessels, either under the national flag or foreign flag, that are owned by or associated with new tuna processing companies that demonstrate plans to establish operations in Costa Rica, provided they present credible evidence of their association with these companies.

c) Tuna purse-seine fishing vessels, either under the national flag or foreign flag.

Requests for capacity assignment shall always be submitted by the vessel owner or their legal representative, who must indicate under which of the aforementioned conditions they are requesting the capacity assignment from the Costa Rican State, along with their commitment to comply with all provisions of the Inter-American Tropical Tuna Commission (IATTC) and applicable regulations.

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.

Article 36 – In accordance with the LPA, which establishes that all sharks must have their fins attached to the body, all shark species have commercial value.

Article 37 – The capture, use, commercialization, landing, and any other activity related to sharks of any species, by Costa Rican or foreign vessels engaged in commercial fishing of fishery products, shall be fully subject to: a. Compliance with technical provisions, as defined by the LPA or by science, regarding the prohibition of the practice of finning. b. The regulations established in the LPA. c. This Regulation. d. Acts issued by INCOPESCA in its capacity as the Executing Authority. e. The provisions contained in the FAO Code of Conduct for Responsible Fisheries, endorsed by Costa Rica, primarily regarding the use of the product after capture, discards, and waste. f. The provisions set forth in Executive Decree No. 34928-MAG, dated November 27, 2008, published in La Gaceta No. 241, on December 12, 2008.

Article 38 – Shark fishing and commercialization will only be allowed when it is landed at authorized landing sites, with the respective fins attached to the body. The attachment of the fins, in accordance with Article 40 of the LPA, must be natural, in compliance with the sanitary technical provisions defined by SENASA to ensure the safety and quality of the resource.

Article 39 – The landing of the product mentioned in the previous article will be supervised by INCOPESCA through the mechanisms and procedures it deems appropriate, which must be previously defined and officialized; competent officials from the Ministry of Public Security (MSP), the Ministry of Agriculture and Livestock (MAG), the Ministry of Environment and Energy (MINAET), and the National Coast Guard Service (SNG) may participate in this act, without prejudice to the involvement of other state entities according to special laws. For this purpose, INCOPESCA will make available to the competent authorities requesting it, information related to landing schedules. Likewise, INCOPESCA and the SNG will be responsible for controlling and ensuring compliance with the provisions mentioned above regarding national and foreign vessels, in the exercise of fishing activities conducted in the territorial sea and the exclusive economic zone, except in the marine protected areas indicated in Article 9 of the LPA.

Article 40 - The procedure for the landing of sharks by national or foreign fishing vessels in national territory will be as follows: a. Landing is only allowed in national territory, regardless of the flag flown by the respective fishing vessel, for those sharks that have their respective fins naturally attached to the body. The landing of sharks in national territory may also be allowed when the technique of evisceration and head removal has been used, allowing for efficient bleeding, ensuring the safety and quality of the meat. b. All shark landings made by national or foreign vessels, without prejudice to the competences of other authorities, must take place in the presence of INCOPESCA inspectors, who will maintain strict control over compliance and prevent the landing of pieces that do not meet the criterion of the natural attachment of the fins to the body. c. Once the shark landing process is completed, the inspectors designated in each case will prepare a report, which will constitute an official document of legal traceability for the product, and will inform their superiors of any incident contrary to the compliance with current regulations, in order to take the appropriate legal actions, including filing a report for the possible commission of a crime. d. If the inspector detects the presence of fins detached from the shark body before, during, or after the landing, they will proceed to prepare the corresponding report. If the vessel is a foreign-flagged vessel, the landing and commercialization of fins and bodies that are not properly attached according to national legislation will be prohibited in national territory. In all cases, the SNG will be notified, and the corresponding complaint will be submitted to the Public Prosecutor's Office.

establishes that during the commercialization process, hydrobiological resources will be subject to the following controls: (...) c) Verification of compliance with legitimacy standards, in accordance with current regulations. h) Ensuring that, for each species, at a minimum, information is provided on the origin, freshness category, size grading, commercial name, method of capture, and mode of presentation and processing.

Summary: First-Time License Requirements

1. Approval Needed: INCOPESCA's Board must authorize new licenses.
2. Key Documents: completed application form; valid ID /residency proof; vessel registered in the National Ship Registry; valid seaworthiness certificate; current fishing card.
3. Other Obligations: Submit vessel photos (with name, registration, and flag visible); be up to date with social security payments; pay the required license fee. License Renewal Requirements 1.Key Documents: completed renewal form; valid ID or residency proof; proof of vessel registration and seaworthiness; current fishing card (especially for small-scale artisanal fishers).
4. Other Obligations: Stay up to date with social security payments; pay the renewal fee. For Companies, additional requirements include proof of legal registration and representation for both new licenses and renewals. Reasons for Denial • Missing or invalid documentation. • Failure to stay current with social security payments. • Nonpayment of required fees.

Here’s a plainspoken summary of Title V, Chapter III of the Fisheries Law: Termination of Licenses, Permits, and Authorizations (especially Articles 113 & 114) Causes for Termination

1. Expiration: the term ends without a proper renewal request.
2. Impossibility: the intended activity becomes impossible to carry out.
3. Voluntary Surrender: the holder formally renounces or abandons the license or permit.
4. Revocation: competent authorities cancel the license, following due legal process. Authorities may revoke licenses, permits, or authorizations if the holder:
5. Puts the ecosystem at imminent risk.
6. False or Late Information: the holder fails to provide information on time, provides false information, or violates reporting requirements set by INCOPESCA.
7. Inspection Obstruction: the holder denies entry to inspectors for facility inspections.
8. Failure to Comply: the holder violates technical conditions for fishing or aquaculture without justified reason.
9. Unauthorized Transfers: the holder transfers rights without proper authorization or when transfer is prohibited.
10. Financial Insolvency: the holder declares bankruptcy, insolvency, liquidation, or dissolution.
11. Equipment Noncompliance: Fails to install satellite tracking equipment and sensors on tuna fishing vessels within the deadlines established by law. According to Article 104 of the Fisheries Law, fishing licenses are transferable, subject to prior review and approval by INCOPESCA. The same requirements for the original granting of licenses apply to their transfer. Licenses are issued for a six-year term and may be renewed for periods equal to the original term. In summary: licenses, permits, and authorizations for fishing or aquaculture can end due to natural expiration, voluntary surrender, or inability to fulfill their purpose. Authorities may also cancel them if holders harm ecosystems, fail to follow regulations, obstruct inspections, or violate specific legal or technical requirements.

Article 122 - For the cancellation of licenses, concessions, permits, and authorizations, the Board of Directors of the Executing Authority shall designate the Secretary of the Collegiate Body as the Director of an Administrative Procedure, who must ensure the due process is followed for the application of the causes provided in Article 114, and subsection d) of Article 113 of the LPA, as well as any of the sanctions established in Title X of said Law.

The final resolution of the cases shall correspond to the Board of Directors of INCOPESCA, in accordance with the ordinary procedure established in the General Law of Public Administration, Second Book, First Title, Single Chapter.

This is without prejudice to what may be resolved by the competent judicial authority.