Regulations to the Fisheries Law

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.

Article 20 - INCOPESCA will maintain a Registry of Observers, who must possess the professional qualifications and experience necessary to fulfill the technical counterpart functions in investigations authorized to be carried out on foreign vessels, according to the profiles developed by the Executing Authority for these purposes. These observers may be INCOPESCA officials or private individuals. The economic cost of the observers' work will be borne by the vessel's owner when they are private individuals, as in the case of officials, this cost is included in the license. In the case of investigations on national vessels, an observer will be required for fishery prospecting (exploratory fisheries), and all provisions of the previous paragraph will apply to them.

For all relevant legal purposes, shipowners must be duly registered in the Public Fisheries Registry. Otherwise, the vessel's owner will be presumed to be the shipowner.

Article 118 – It shall be the responsibility of INCOPESCA’s Board of Directors to establish the requirements, conditions, and timeframes concerning authorizations for activities not expressly specified in this Regulation, which must be duly published in the Official Gazette (La Gaceta).

Article 119 - The authorization for the substitution of fishing licenses does not exempt the obligation to pay the annual fee for the cost of the fishing license.

Article 120 – The Executing Authority shall declare ex officio the termination of licenses, permits, and authorizations in cases outlined in Article 113 of the LPA, subsections a), b), and c), in instances of abandonment. The termination of the license must be notified to the interested party.
Only in situations of force majeure or unforeseeable circumstances, duly verified, may the Executing Authority, through the Board of Directors, authorize the reactivation or renewal of such licenses.

Article 121 – In the case of Article 113 of the LPA, subsection c), regarding the cause of express resignation, the Executing Authority shall proceed upon request from the interested party.

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.

Article 149 - The implementation of the Satellite Monitoring System is established as a mandatory requirement for the exercise of fishing activities by purse-seine tuna vessels, in the terms of this Regulation.

Article 150 – INCOPESCA, in coordination with the corresponding public institutions based on their jurisdiction over the control and surveillance of purse-seine tuna fishing activities, will proceed with the management, installation, and operation of a comprehensive platform for the Satellite Monitoring System, subject to the relevant technical standards, international guidelines, and the country's expectations regarding the use of technology that promotes and develops sustainable fishing, in partnership with the work of monitoring and control in an automatic, practical, and effective manner. During the implementation process, INCOPESCA will use administrative contracting procedures for the purchase and acquisition of the equipment and goods necessary for the proper operation of the system, its installation, and training in its use.

Article 151- The granting of fishing licenses to purse-seine tuna vessels listed in Article 53 of the LPA is conditioned on the effective operation of a satellite monitoring system on board, compatible with the objectives of the Costa Rican Satellite Monitoring System.

Article 152 - The Satellite Tracking System must be suitable to achieve the intended objectives and be duly verified, ensuring general compatibility with the Vessel Tracking Satellite Platform to be implemented in the country. The characteristics and technical specifications of the Implementation Platform, which includes the installation of the Monitoring Center, software, computer hardware, transmitters, and information receivers, will be defined based on the recommendations issued by the Technical Departments of the relevant government entities as a result of the coordination processes carried out by the Executing Authority.

Article 153 - The Satellite Tracking System to be established will ensure that national authorities receive the necessary data and frequency, technically deemed appropriate, to determine the activities of the vessel with greater accuracy, as well as the necessary safeguards regarding the integrity and reliability of the data, through mechanisms and controls that are technically endorsed.

Article 154 - The Executing Authority will define the profile of the satellite positioning equipment to be installed on the vessels, for which it must consider the technical recommendations and the corresponding cost-benefit analysis.

Article 155 - The expenses required for the acquisition of the Satellite Tracking equipment to be installed on fishing vessels will be borne by each vessel owner or operator and will be considered a requirement for the granting or authorization of the fishing license and other benefits authorized by INCOPESCA for the Fishing Sector, such as fuel at competitive prices. In the case of national-flag vessels, INCOPESCA will seek to ensure that the implementation of the System receives logistical and financial support from other State institutions, considering the State's responsibility to ensure proper control of its fleet in accordance with the responsibilities established for the Flag State.

Article 156 - Any vessel that is required to use satellite tracking devices must carry the equipment in good condition and proper working order throughout the validity of the Fishing License granted by INCOPESCA, in such a way that it allows for satellite tracking of its fishing activities.

Article 157 - In the event that satellite transmission is interrupted due to equipment malfunction, the owner or their representative must inform INCOPESCA within the next forty-eight hours, swearing to provide the reasons for the malfunction, operational conditions, position, course, and other elements determined by INCOPESCA. In such cases, the owner, their representatives, technicians, or crew members must refrain from manipulating the security seals of the respective beacon, which must remain intact, and the vessel must undergo an inspection at the next port arrival, all at the owner's cost and carried out by officials accredited by INCOPESCA. In these cases, the owner must follow the instructions given by INCOPESCA. Failure to follow INCOPESCA’s instructions, failure to report malfunctions, failure to carry the equipment that allows satellite tracking, manipulating the equipment in a way that disrupts or alters the transmissions sent by the installed equipment, lack of reasonable evidence of justification, or any other circumstance of malfunction deemed unacceptable or invalid by the Executive Authority, after due process, will result in the consequences determined by the LPA for non-compliance with the general technical conditions for the exercise of fishing activity. In the case of foreign-flagged purse seine tuna vessels operating under a Costa Rican fishing license, the report of malfunctions or failures must occur within the following 24 hours after the incident. In any case of irregularities described in the previous paragraph, in addition to the provisions of Article 152, paragraph e) of the LPA, as applicable, it will result in the cancellation of the fishing license without any compensation, with an immediate report to the competent authorities of the Flag State for their action, in addition to other responsibilities and sanctions determined by the LPA.

Article 158 - Fishing vessels that have already installed a Satellite Tracking Equipment may continue using such equipment, provided that it is compatible with the system defined as a result of state coordination and that its data is sent to the Monitoring Center that will be established for these purposes.

Article 159 – In the case of the vessels referred to in Article 59 of the Fieheries Law (LPA), when a shipowner or their representative requests a Fishing License according to Article 53 of the LPA, they must demonstrate, at the time of requesting the respective license, that the corresponding vessel has an active satellite tracking system authorized by the Flag State of the vessel. Additionally, they must provide confirmation from the satellite tracking service provider that, at their own cost, they have irrevocably instructed the provider to transmit to the INCOPESCA information related to the satellite tracking of the vessel's operations in accordance with the national platform defined, for the duration of the fishing license granted by Costa Rica, and to comply with any information requests made by the INCOPESCA.

Article 160 – The information generated by the satellite tracking system and electronically collected at the Monitoring and Satellite Tracking Center that is established, will constitute valid evidence in cases of violations of fishing regulations, within the processes related to the operation of vessels subject to this system.

Article 161 – The information obtained from the satellite tracking system, corresponding to the operation of each vessel, will be safeguarded by INCOPESCA at the necessary level of confidentiality to ensure that it will not be disclosed to third parties not related to the competent administrative or judicial authorities responsible for the surveillance and control of fishing and navigation activities, thus protecting the business secrecy implicit in that information. The Executive President of INCOPESCA is authorized to establish the formats for tabulating relevant information, which may be made available to the public for statistical purposes, in accordance with this confidentiality guarantee. A breach of confidentiality will be considered a serious offense, with corresponding legal consequences for the violator.

Article 162 – INCOPESCA will strive to ensure that after the implementation of the satellite tracking system, in conjunction with other technological efforts, the public information generated will help provide the national fishing fleet with scientific information to improve the practice of fishing activities.

Article 163 – INCOPESCA will implement the necessary records to ensure the existence, operability, and constant evaluation of the Satellite Tracking System for the vessels subject to this system.