A. ARESEP: Public Services Regulatory Authority.
B. Victualling (Avituallamiento): Action and effect of supplying oneself with provisions and other necessary inputs to carry out the fishing task.
C. Competent Authority (Autoridad Competente): ARESEP, MINAE, FISCAL POLICE (POLICÍA FISCAL), RECOPE, National Coast Guard Service (Servicio Nacional de Guardacostas), Delegates of the Public Force (Fuerza Pública), Port Captaincies (Capitanías de Puerto) of the General Directorate of Maritime Transport (Dirección General de Transporte Marítimo) of the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes, MOPT), SCAC, Regional Directorates and Offices of INCOPESCA.
D. Beneficiary (Beneficiario): Natural or legal person with a valid commercial fishing license, who requests fuel at a preferential price personally or through third parties, according to the provisions of this Regulation, and for whom the entirety of the catch from the fishing trips is unloaded in national territory.
E. Catch (Captura): Quantity of hydrobiological resources that fishers unload on each fishing trip, carried out on board a specific vessel.
F. Fuel (Combustible): Refers to diesel, regular gasoline, or biofuels that are used in vessels with a valid fishing license, for the execution of non-sport commercial fishing tasks.
G. Conciliation (Conciliación): Equating balances of the liters of fuel authorized at a preferential price by INCOPESCA through purchase orders, with those liters sold by RECOPE for the same period.
H. Contracts (Contratos): Documents in which the different clauses are recorded, where the conditions to which the beneficiaries, the Fishing Organizations, and INCOPESCA are bound in relation to the fuel that is granted at a preferential price, are expressed.
I.Days of absence (Días de ausencia): The days elapsed from the departure of the vessel from any port, until its arrival at another port after finishing its fishing trip.
J. Conversion factor (Factor de conversión): Corresponds to the value required to convert horsepower (Hp) to kilowatts of force (kW) of both outboard and inboard engines. Said conversion factor is equal to 0.7453 (FAO, 1988).
K. National Fishing Fleet (Flota Pesquera Nacional): Set of national vessels registered in the Public Registry of Property (Registro Público de la Propiedad) and used for the types of fishing established in the Fisheries and Aquaculture Law No. 8436.
L. Gulf of Nicoya (Golfo de Nicoya): Area comprised between an imaginary straight line that goes from Cabo Blanco to Punta Herradura and from there inland waters to the mouth of the Tempisque River.
M. INCOPESCA: Costa Rican Institute of Fisheries and Aquaculture.
N. MINAE-DGTCC: Ministry of Environment and Energy-General Directorate of Transport and Commercialization of Fuels (Dirección General de Transporte y Comercialización de Combustibles).
Ñ. Fishing Organizations (Organizaciones Pesqueras): entities made up of fishers and related activities, such as associations, cooperatives, and unions, with current legal personality (personería jurídica) and duly accredited before INCOPESCA.
O. Fishing Skipper (Patrón de Pesca) or Captain (capitán): Person on board the vessel responsible for directing the fishing tasks and navigation.
P. Artisanal fishing (Pesca artesanal): Fishing activity carried out in an artisanal manner by natural persons, with the use of a vessel, in continental waters or in the coastal zone and with an autonomy to fish, up to a maximum of five nautical miles from the littoral, carried out for commercial purposes.
Q. Commercial fishing (Pesca comercial): commercial fishing is carried out to obtain economic benefits and is classified as follows:
- a)Small scale (Pequeña escala): Fishing carried out personally by natural persons, without the use of a vessel, in continental waters or in the coastal zone, or that practiced on board a vessel with an autonomy to fish up to a maximum of three nautical miles from the Costa Rican territorial sea.
- b)Medium scale (Mediana escala): Fishing carried out by natural or legal persons, on board a vessel with autonomy to fish up to a maximum of forty miles.
- c)Advanced (Avanzada): Fishing carried out, by mechanical means, by natural persons or legal entities, on board a vessel with autonomy to fish exceeding forty nautical miles, oriented to the capture of pelagic species with longline and other species of commercial importance.
- d)Semi-Industrial (Semi-Industrial): Fishing carried out by natural or legal persons, on board vessels oriented to the extraction of shrimp with trawl nets, of sardine and of tuna with purse seine nets.
- e)Industrial (Industrial): Fishing and industrialization carried out by natural persons or legal entities, with vessels capable of carrying out on board the tasks of fishing, freezing, packaging, and industrialization of their catches.
R. Port (Puerto): place of departure or arrival of fishing vessels.
S. Port base of operation (Puerto base de operación): Port chosen by the permit holder (permisionario) to regularly victual their vessel.
T. RECOPE: Costa Rican Petroleum Refinery (Refinadora Costarricense de Petróleo) S.A.
U. Fuel Control and Administration Section (Sección de Control y Administración de Combustible, SCAC): Dependency of INCOPESCA in charge of the Administration, Oversight (Fiscalización) and Control of the efficient use of fuel recommended at a preferential price.
V. THIRD PERSONS (TERCERAS PERSONAS)
natural and legal persons duly authorized by the beneficiary to carry out on their behalf, the processing of fuel at a preferential price in accordance with the provisions of this regulation.
In the case of natural persons who authorize their spouse or family members up to the third degree of consanguinity, demonstrated through a notarial affidavit (declaración jurada notarial) or from the Public Registry (Registro Público).
That in accordance with the rules contemplated in the current Civil Code, they are accepted for the processing of fuel at a preferential price for the medium-scale, advanced, and semi-industrial artisanal fleet, by special agents (apoderados especiales), who must have a special power of attorney (poder especial) duly granted before a notary public and on which the legal stamps (timbre de Ley) must appear.