36043-MAG-SP-MS, Permanent regulations for the implementation of temporary assistance for circumstantial poverty in the Costa Rican fishing sector due to closure declarations, of May 13, 2010, are hereby reformed to read as follows:
"Article 2°-Once a closure zone and season (zona y época de veda) is defined, during which the conditions, limits, restrictions, or prohibition on carrying out fishing activity actions are set and the recognition by IMAS of some temporary assistance for the fishers and helpers materializes, their full acceptance of the regulations of this Decree shall be understood. " "Article 3º-Incopesca must certify before IMAS the fishing persons affected by the closure (veda) and their helpers when applicable and insofar as it is determined that the per capita income is reduced to an amount equal to or less than the poverty line defined by the National Institute of Statistics and Censuses, IMAS shall grant them temporary economic assistance for reasons of unemployment and circumstantial poverty, whose maximum monthly amount may be equivalent to 40% of the current legal minimum wage of an unskilled worker, in accordance with the real situation of said Sector and in adherence to the requirements and conditions established for these purposes.
[ . .}" "Article 4°-To receive the economic assistance granted by IMAS, the affected fishing persons and helpers, whether they carry out fishing activities or not, must submit to a Community Work Service Program, which shall consist of the participation of the beneficiaries in: programs, projects, and activities that favor the personal and social development of the person and contribute to the solution of Institutional and Community problems, always under the protection of an insurance policy against accidents paid for by the administration as an indispensable condition for performing the community work.
For the purpose of developing community work service programs, the Joint Institute for Social Assistance may enter into cooperation agreements with Municipal Corporations and other public institutions that have a presence in the cantons affected by the closure (veda), and thereby execute the initiatives proposed by them, without prejudice to those proposed by IMAS itself.
Likewise, the involved institutions may receive proposals from fishers' organizations with the community work service projects to be executed by their members during the established closure period (período de veda). " "Article 6º-The condition of fishers and their helpers affected by closure declarations (declaratorias de veda) who hold a valid Commercial Fishing License or Authorization as of the declaration date is hereby declared to be in a situation of circumstantial poverty, subject to the restrictions and conditions established through agreements issued by the Board of Directors of Incopesca, published in the Official Gazette La Gaceta, and whose per capita income is reduced to an amount equal to or less than the poverty line defined by the National Institute of Statistics and Censuses. " "Article 9º-IMAS shall proceed to assist these persons based on the duly reasoned resolution approved by the respective Regional Directorate, which determines compliance with the requirements established in this Decree, in accordance with the list sent to IMAS by Incopesca." "Article 10.-The temporary assistance will be processed by the IMAS Regional Areas of Social Development. IMAS officials must verify in the National System of Information and Unified Registry of State Beneficiaries (SINIRUBE) that the potential beneficiaries do not have other income different from fishing, coming from salaries, remunerated activities, rent, or other sources that exceed the poverty line defined by the NATIONAL INSTITUTE OF STATISTICS AND CENSUSES (INEC), in which case IMAS shall deny the granting of the benefit. IMAS shall send Incopesca the lists of accepted and denied cases, with the supporting information, after the end of the closures (vedas)." "Article 13. -In the event of detecting non-compliance with any of the requirements of this decree, the following procedure shall be followed:
- a)Actions contrary to the closure declaration (declaratoria de veda): In the event that Incopesca detects that a licensed fisher or helpers are performing tasks that contravene the closure declaration, the following procedure shall be followed:
1. IMAS shall be notified so that it revokes the benefit in accordance with due process.
2. If it involves a fisher with a license or authorization, Incopesca shall deduct the equivalent amount of the authorized fuel at a competitive price to which said fisher is entitled, in accordance with the regulations established by INCOPESCA.
3. If it involves a helper, IMAS shall proceed to execute the collection actions to recover the money that had been disbursed.
- b)Beneficiary outside the condition of poverty: In the event of detecting that the fisher or helper is not in a condition of poverty, action shall be taken in accordance with the following rules:
1. IMAS shall immediately suspend the benefit and follow due process to revoke the benefit.
2. If it involves a licensed fisher, the provisions of subsection a) sub-subsection 2) of this article shall apply.
3. If it involves a helper, the procedure shall be in accordance with subsection a) sub-subsection 3) of this article. "