For the purposes of this regulation, the following shall be understood as:
1. Observation activity for tourism purposes: those activities that due to their recreational or leisure nature, and for being related to tourism, have as their purpose the sale of services to tourists, for profit.
2. Administrative Authority: according to the CITES convention, means a national administrative authority competent to grant permits or certificates, on behalf of the country party to the Convention, for trade in wildlife species. Attached to MINAE.
3. Survival Capabilities: series of innate and learned behaviors, not modified by humans, that allow each individual of a wild species to seek and capture its food efficiently in form and quantity, seek a mate and mate successfully, give birth and raise offspring, and defend itself against predators.
4. Cetacean: any marine mammal (mamífero marino) with nasal orifices (blowhole) on the top of the head and not on the front part of the snout, with homodont teeth (conical or not) or with filtering baleen instead of teeth, without "whiskers" (vibrissae) or hair, fins without external signs of fingers, claws, or hooves, caudal fins ("tail") clearly bifurcated in a "V" shape and in a horizontal position. The skull is telescoped, that is, maxillary and premaxillary bones are elongated or very elongated, representing 35% or more of the total length of the skull.
5. CITES: Convention on International Trade in Endangered Species.
6. CONAGEBIO: National Commission for Biodiversity Management.
Attached to MINAE.
7. Conservation (conservación): protection mechanisms and use strategies that allow for the least impact on the continuity of the biological processes of the species.
8. Vessel (embarcación): any aquatic vehicle with a motor that is legally within the territorial waters of Costa Rica, registered or not in the National Registry, as well as those legally authorized for navigation in national waters. In this regulation, the following are considered:
A. Vessel for cetacean research: any one that flies a yellow flag and carries on-site the respective research permits (original or signed copy).
B. Observation vessel: any private vessel that non-commercially transits in territorial waters for sport fishing, recreation, or education purposes.
C. Vessel for observation activities for tourism purposes: that commercial vessel that transports passengers for cetacean observation activities for profit.
9. Professional underwater photography and filming: any activity carried out underwater, using photographic and filming equipment for educational, informational, or commercial purposes and that is not carried out by an amateur.
10. ICT: Costa Rican Tourism Institute.
11. INA: National Learning Institute.
12. INCOPESCA: Costa Rican Institute of Fisheries and Aquaculture.
13. Scientific Research (investigación científica): any action, systematized or not and preferably with statistical significance, that generates biological, physical, geological, chemical, social, or human information about the environment, its ecosystems, and organisms, facilitating their conservation, management, and rational use by human beings.
14. Marine Mammal: any mammal whose limbs have been transformed into flippers, which externally may or may not present signs of fingers, hooves, or claws. They depend on marine and coastal resources and environments for their feeding, reproduction, and survival in general.
15. MINAE: Ministry of Environment and Energy.
16. MSP: Ministry of Public Security.
17. MOPT: Ministry of Public Works and Transport.
18. Cetacean observation (observación de cetáceos): non-extractive use that consists of approaching cetaceans from vessels registered with the Movable Property Section of the National Registry, with the purpose of facilitating visual contact with these species in their natural environment, for purposes of:
18.1. Recreation: when its purpose is recreation or leisure.
18.2. Education or advertising: when its purpose is field workshops and training activities directed at the general public, as well as to obtain information or film and recording material.
19. Tourism operators (operadores de turismo): for the effects of this regulation, it is understood as any company, individual, or legal entity engaged in providing observation activities for lucrative tourism purposes.
20. Possession (posesión): any action or attempt of harassment (acoso), capture (captura), killing, pursuit, interference or breaking up of groups, feeding, swimming, or contact in observation and tourism activities of marine mammals, particularly cetaceans, and that do not correspond to scientific research or animal rescue and rehabilitation (rehabilitación) activities. These activities are clearly defined and differentiated in this regulation.
21. Rehabilitation (rehabilitación): Any medical-veterinary act of examination, administration of medications, rest, repose, behavioral recovery, or training carried out with the aim of returning a marine mammal to its natural habitat in normal anatomical, physiological, and behavioral conditions and in the shortest possible time. It may be carried out in shallow, marine, or fluvial waters, on the beach, or in facilities such as pools, ponds, and others, established for that purpose or circumstantially used for that purpose.
22. Rescue (rescate): Any action of holding, handling, moving, lifting, or transferring a stranded, entangled, or injured marine mammal in order to facilitate its return to the sea or, if the need has been determined, to subject it to rehabilitation (rehabilitación).
23. Signs of disturbance (señales de alteración): any behavior of one or several cetaceans that differs from the behavior they were manifesting at the moment of being sighted for the first time or that is unusual in the behavior of these animals. The following signs are included: tail slaps on the water, jumps out of the water occurring outside feeding and socializing contexts, prolonged dives without feeding, spyhopping (raising only the head and spinning on its own axis or looking directly at the vessel), very compact grouping (-5m between individuals) of the members of a group, excessive spacing (+100m between individuals) among the members of a group, evident acceleration in the speed of the group members moving away from the vessel, vocalizations in the majority of the members of a group, or several animals swimming at the bow of the boat at a greater speed than it, and others that competent and recognized scientific authorities determine.
24. SINAC: National System of Conservation Areas, a dependency of MINAE.
25. Aerial vehicle (vehículo aéreo): Any single-engine aircraft, twin-engine aircraft, or helicopter used for observation, research, or filming of cetaceans and that has the respective flight and cetacean observation permits.