The procedure for the effective application of the regulations contained herein is as follows:
Initial stage. The captain must notify the shipowner of the estimated time of arrival (TEA) and the estimated shark catch, so that the latter, or through the Legal Representative of the company or a Customs Agency, presents or sends to the INCOPESCA office closest to the product landing site, the Inspection Request form provided for this purpose, indicating the place where the inspection should be carried out, the start time, the landing date, and the other information.
In all cases, the notification must be made in writing in person or via fax to INCOPESCA, except for those landings that must begin during non-working hours or days, including holidays or days of rest, in which case the notification must be made in writing in person or via fax to the CBCR, who in turn will notify INCOPESCA by the same means on the next working day for the purposes of the corresponding record.
In both circumstances, the notification must be made at least one calendar day in advance of the arrival date of each vessel to port, and each time the interested party needs to reschedule the inspection, they must proceed in the manner indicated above, at least 5 hours in advance of the scheduled time for the start of the landing.
The foregoing is so that the corresponding inspection is carried out in situ by the authorities of INCOPESCA or by the Fisheries Superintendents (Regentes Pesqueros), as applicable.
Designation of the Fisheries Superintendent (Regente Pesquero) by the CBCR. Once the Inspection Request is received and notified to the CBCR, it shall proceed with the designation of the professional who will be assigned the inspection, who will be provided with a photocopy of the received notification.
The CBCR will be responsible for the operation of the system contemplated in Article 3, subsection b) and/or subsection a) as contemplated in this Regulation, and for all purposes, the work performed by biology professionals will be under the category of fisheries superintendents (regentes pesqueros), for which they will be governed by the rules set forth by that Colegio for these purposes, except regarding the documentation to be used, which in this case will be the Forms mentioned in this Regulation.
The CBCR will also be responsible for the appropriate designation of the corresponding superintendent (regente), and if necessary, for replacing them in time to avoid delays to the shipowner.
Designation of the INCOPESCA inspector. Once the INCOPESCA office closest to the product landing port receives the notification of the expected arrival date and indication of the place and start time of the landing, the head of the office will designate the inspector who will be assigned the case, who will be provided with a copy of the received notification and an Authorization Slip, through which the interested party may verify that said official is the person designated to carry out the respective inspection. INCOPESCA will be responsible for the operation of the system contemplated in subsection a) of Article 3 of this Regulation, and must use the Forms mentioned below.
Forms. The work to be carried out by INCOPESCA inspectors and the Fisheries Superintendents (Regentes Pesqueros) will be based on the actions described in this provision, with their results materializing in the following forms:
4.1. Vessel Registration and Fishing Set Data Form (FRDE-DL). This must be presented to the inspector or the fisheries superintendent (regente pesquero) at the start of the inspection. This form will be required by INCOPESCA for all boats that depart from Costa Rican ports and will be delivered by INCOPESCA or the CBCR.
Additionally, both INCOPESCA inspectors and Fisheries Superintendents (Regentes Pesqueros) will have the power to exercise cross-control between this document and the Captain's Logbook; which must be requested at the same time as the FRDE-DL form.
4.2. Vessel Inspection Form (FORE). This form must be completed by the INCOPESCA inspector or by the Fisheries Superintendent (Regente Pesquero) once the inspection carried out on the boat is concluded, both before and after unloading. Any discrepancies identified between the FRDE-DL and the Captain's Logbook must also be recorded in this document.
These discrepancies must also be reported in writing to INCOPESCA, through its offices or the General Technical Directorate.
4.3. Landing Form (FODE). This form allows the count of the number of shark bodies, the body weight, number of fins, and weight of the fins. The relationship between the weight of the fins and the weight of the bodies must be indicated. There will be two types of this form, one will be used for sharks with separated fins and the other for sharks with fins attached to the body.
4.4. FOCE Certification Form. Through this document, it is certified that the landing complies with the provisions of this Regulation and, therefore, will serve as a guide, so that both the Head of the Protection and Registration Department, and the Regional Heads and Directors of INCOPESCA at the place where the product landing took place, through the respective seal, signature, date, and time, formalize the commercialization of the product so that the Head of the INCOPESCA Marketing Department can recommend, when applicable, the The Head of the INCOPESCA Marketing Department, or whoever replaces them for any reason, will be the only one at the national level who can authorize the The originals of the previous forms must be duly signed by the INCOPESCA inspector or by the Fisheries Superintendent (Regente Pesquero) designated for the inspection, who must also legibly record the date on which it was carried out and must deliver copies of these forms to the shipowner, the CBCR, and INCOPESCA; except for the FRDE-DL.
All information recorded in the aforementioned forms is the exclusive property of INCOPESCA, as is the use of the same, for the corresponding purposes.
Inspection. The INCOPESCA inspector or the Fisheries Superintendent (Regente Pesquero) must appear at least half an hour before the Estimated Time of Arrival (TEA) before the shipowner, their Legal Representative, or the person in charge, as identified in the notification that was received. Care should be taken that the shipowner, their Legal Representative, or the person in charge has an acceptable understanding of the Spanish language (castellano/español) or, failing that, they must have a translator for any queries.
5.1. Inspection site. The inspection site will be the landing place, as established in the aforementioned notification. Prior to carrying out the inspection, the INCOPESCA inspector or the Fisheries Superintendent (Regente Pesquero) will verbally inform on the procedure to follow and answer any additional queries.
They will also verify compliance with the requirements established in Article 6 of this Regulation and record that data on the FODE form.
5.2. Inspection time. The inspection must be carried out at the scheduled time, to begin and in the presence of the shipowner or the Legal Representative; otherwise, the shipowner will assume the responsibilities and expenses incurred due to the delay.
The shipowner or the Legal Representative will not assume responsibilities or delay expenses in situations of force majeure, acts of God, or due to actions or omissions that are not attributable to them.
5.3. Area to be inspected. The INCOPESCA inspector or the Fisheries Superintendent (Regente Pesquero) will be facilitated, at all times and places, access to inspect the entire boat without any restriction, before and after unloading, and the result of this work must be recorded on the corresponding forms.
5.4. Completion of the inspection. The INCOPESCA inspector or the Fisheries Superintendent (Regente Pesquero) must inform the shipowner, their Legal Representative, or their person in charge, of the completion time of the inspection and indicate the total number of hours worked. They must record this on the FODE form.
5.5. Issuance of the certification. In the event that the INCOPESCA inspector. or the Fisheries Superintendent (Regente Pesquero) determine that the shipment complies with these regulations, they will immediately proceed to extend the corresponding certification, which will be recorded on the FOCE form.
The FOCE form may be delivered to the shipowner, the Legal Representative, or the person in charge designated in the initial notification or in another that was subsequently sent to INCOPESCA or the CBCR, no later than one hour after completion of the inspection. The delivery site will be defined by mutual agreement, but will always be outside the site where the inspection was carried out.
In the event that the product of the vessel fails to comply with the regulations established herein, the INCOPESCA inspector or the Fisheries Superintendent (Regente Pesquero) must report it on a priority basis to the competent authorities, so that steps are taken to prevent the commercialization of the product, as well as to the shipowner, their Legal Representative, or their person in charge.