Vessel Tracking

Fisheries Law

Does the law/regulation require or exempt fishing vessels to report using VMS, or is there no provision?

  • Article 59

    Translated text:

    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.

INCOPESCA Board of Directors Agreement AJDIP/077-2020

Does the law/regulation require or exempt fishing vessels to report using VMS, or is there no provision?

  • Article 3

    Translated text:

    Scope of Application of the Regulation: mandatory for all national vessels in the medium-scale commercial fleet, advanced commercial fleet, semi-industrial fleet, and foreign vessels with a valid fishing license that engage in fishing activities in the national jurisdiction waters of the Pacific Ocean and Caribbean Sea, within the Exclusive Economic Zone or in international waters accessible to Costa Rica in accordance with international agreements. It is also mandatory for all foreign vessels requesting authorization to unload fishery products, authorization for transshipment of fishery products, use of national ports, or those with a carrying capacity quota assigned by Costa Rica. This is without prejudice to future agreements by the Board of Directors to include other fleet categories.

Regulation for the monitoring, control, and surveillance of fishing vessels of the national and foreign fleets

Does law/regulation require or exempt fishing vessels to report using AIS, or is there no provision?

  • Article 32

    Translated text:

    Article 32 - Foreign vessels engaged in fishing that do not hold a Costa Rican fishing license and wish to unload at authorized national ports must have an SLSC installed that is compatible with the vessel tracking platform of the Costa Rican Fisheries and Aquaculture Institute (INCOPESCA).
    They must transmit their signal at least 72 hours before entering Costa Rica's Exclusive Economic Zone (EEZ) and for up to 72 hours after leaving Costa Rican waters, once the unloading is completed. The data transmission frequency will be via a device compatible with INCOPESCA's vessel tracking platform and with the requirements set for national vessels.

  • Article 33

    Translated text:

    Article 33 -Vessels referred to in Article 32 must submit a certificate to the Costa Rican Fisheries and Aquaculture Institute (INCOPESCA) issued by the provider of the tracking service, which must include the following information:

    1. Name of the vessel.
    2. Registration number.
    3. Vessel flag.
    4. Device ID number and type.
    5. Automatic Identification System (AIS) number.
    6. Search and Rescue (SAR) transmitter number, when applicable.
    7. Service validity period.
      In cases where the tracking service provider uses a platform different from that of INCOPESCA, the certificate must additionally state that the service will not incur any cost to INCOPESCA.
      During the time the vessels are connected and transmitting signals to INCOPESCA, they must comply with the same requirements.

Regulation for the withdrawal of the semi-industrial shrimp fishing fleet for fishing operations, AJDIP-158-2017

Does the law/regulation require or exempt fishing vessels to report using VMS, or is there no provision?

  • Article 3

    Translated text:

    all vessels in the semi-industrial shrimp fishing fleet must install a compatible satellite control device linked to the satellite control systems used by INCOPESCA, and operate it in accordance with the applicable technical and regulatory provisions

Regulations to the Fisheries Law

Does the law/regulation require or exempt fishing vessels to report using VMS, or is there no provision?

  • Article 149

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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.