- a)Of fishing by the Semi-Industrial Shrimp Trawl Fleet:
The Semi-Industrial Shrimp Trawl Fleet is prohibited from operating during the months of May, June, and October of each year, in the area between an imaginary straight line running from Punta Torres, known as Peñón (84°43'52" West Longitude, 09°53'31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49'14" North Latitude) and from there to Punta Cuchillo (84°52'23" West Longitude, 09°49'39" North Latitude), from that imaginary line, inward waters to the mouth of the Tempisque River.
- b)The Semi-Industrial Shrimp Trawl Fleet may not carry out its activity at any time of the year in the zone comprised between an imaginary straight line running from the Cruise Ship Dock of Puntarenas (84°49'51" West Longitude, 9°58'26" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49' 14" North Latitude) and from there to Punta Cuchillo (84°52'23" West Longitude, 09°49'39" North Latitude), from this imaginary line, inward waters to the mouth of the Tempisque River.
- c)Of fishing by the Small-Scale Artisanal Fleet.
c-1) Fishing with gillnets or trammel nets:
During the months of May, June, and October of each year, the use of gillnets or trammel nets of any mesh size is prohibited in the area comprised between an imaginary straight line running from the Cruise Ship Dock of Puntarenas (84°49'51" West Longitude, 9°58'26" North Latitude) to Punta Gigante (84°54'50" Longitude, 09°54'15" Latitude), from that imaginary line, inward waters to the mouth of the Tempisque River.
c-2) Fishing with Taiwanese line:
During the period between the months of May, June, and October of each year, the use of the Taiwanese line is prohibited in the area comprised between an imaginary straight line running from Punta Torres, known as Peñón (84°43'52" West Longitude, 09°53'31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49'14" North Latitude) and from there to Punta Cuchillo (84°52'23" West Longitude, 09°49'39" North Latitude), from that imaginary line, inward waters to the mouth of the Tempisque River.
c-3) Fishing with handlines:
During the period between May, June, and October of each year, any permit holder with a Commercial Fishing License for the inner part of the Gulf of Nicoya may use, at any time of day, handlines with a No. 6 hook, in the area comprised between an imaginary straight line running from Punta Torres, known as Peñón (84°43' 52" West Longitude, 09°53 '31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49'14" North Latitude) and from there to Punta Cuchillo (84°52'23" West Longitude, 09°49'39" North Latitude), from that imaginary line, inward waters to the mouth of the Tempisque River, and may catch their own bait using a beach seine (chinchoso de barrer playa) and/or a cast net (red bolichera). Those who opt for this alternative must notify the Department of Protection and Registration.
c-4) Fishing with longline (línea plañera) in the inward waters zone of the Gulf of Nicoya:
During the period between the months of May, June, and October of each year, any permit holder with a Commercial Fishing License for the inner part of the Gulf of Nicoya may use, at any time of day, one longline (línea plañera) per vessel with a maximum length of 500 meters and also a maximum of 300 No. 6 hooks, in the area comprised between an imaginary straight line running from Punta Torres, known as Peñón (84°43'52" West Longitude, 09°53'31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49'14" North Latitude) and from there to Punta Cuchillo (84°52'23" West Longitude, 09°49'39" North Latitude), from that imaginary line, inward waters to the mouth of the Tempisque River. Those who opt for this alternative must notify the Department of Protection and Registration.
c-5) Fishing with longline (línea plañera) in the outward waters zone of the Gulf of Nicoya:
During the period between the months of May, June, and October of each year, any permit holder with a Commercial Fishing License for the inner part of the Gulf of Nicoya may use one longline (línea plañera) per vessel with a maximum length of 500 meters and a maximum of 300 No. 6 hooks, in the area comprised between an imaginary straight line running from Punta Torres, known as Peñón (84°43'52" West Longitude, 09°53'31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49'14" North Latitude) and from there to Punta Cuchillo (84°52'23" West Longitude, 09°49'39" North Latitude), from that line outward waters of the Gulf of Nicoya. Those who opt for this alternative must notify the Department of Protection and Registration.
- d)Of sardine fishing by the Semi-Industrial Sardine Fleet with purse seine:
During the period between the months of May, June, and October of each year, sardine fishing with purse seine will be permitted during the days Monday, Tuesday, and Wednesday of each week in the inner zone comprised between an imaginary straight line running from Punta Torres, known as Peñón (84°43'52" West Longitude, 09°53'31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49'14" North Latitude) and from there, in an imaginary straight line running to the Cruise Ship Dock in the City of Puntarenas (84°49'51" West Longitude, 09°58'26" North Latitude).
Those permit holders who engage in this type of fishing will provide their vessels so that officials of INCOPESCA can remain on board and obtain from them information on their catches.
Likewise, they will be obligated to report the place, time, and date of each of their landings to the Department of Protection and Registration, so that officials of the Department of Research and Development or of that same Unit may supervise said landings in situ. If the permit holder fails to comply with what is stipulated in this article, the agreed authorization will be terminated. During the 4 remaining days of the week of this closed season, this fleet may fish in the outward waters of the imaginary straight line from Punta Torres, known as Peñón (84°43'52" West Longitude, 09°53'31" North Latitude) to the Lighthouse of the Negritos Afuera Islands (84°49'35" West Longitude, 09°49' 14" North Latitude), and from there to Punta Cuchillo.
- e)Of fishing for swimming crab (jaiva) with traps:
During the period between the months of May, June, and October of each year, fishing for the swimming crab (jaiva) with traps will be permitted, only to any permit holder with a current Commercial Fishing License for this type of fishing and in the authorized zone(s).
- f)Of the granting of the subsidy to fishers during the present closed season. For the purpose of granting this benefit to permit holders and their respective crew members, INCOPESCA will organize a training program that must be completed by the fishers as a requirement to opt for the subsidy.
(Thus reformed the previous sub-paragraph by agreement AJDIP/167 of April 25, 2008) g) Of the presentation of the List of fishers eligible for the subsidy.
The General Technical Directorate must take the pertinent actions so that, within a period not exceeding 30 calendar days counted from the publication of this regulation, it presents to the administrative and competent bodies of IMAS the preliminary list of fishers subject to the closed season restrictions and conditions for the Gulf of Nicoya, so that they are granted the corresponding economic subsidy, which IMAS will grant as determined by that entity.
Based on what is established in Law 8436, only those duly legalized fishers whose work is affected by the closed season will enjoy that benefit. Those fishers who carry out fishing activities according to the conditions permitted and authorized through this regulation will be beneficiaries of the pertinent economic subsidy from IMAS. INCOPESCA will limit itself to providing IMAS only the list of fishers duly registered in its records and who work in the Gulf of Nicoya. The provision of these lists does not in any way create any type of obligation on the part of INCOPESCA, nor does it generate any type of employer-employee relationship between INCOPESCA and the fishers who qualify to receive the economic aid provided by IMAS.