8, of January 13, 2009, which shall read as follows:
"Article 1º-Directed fishing for sailfish, using surface longline (palangre de superficie) adapted for that purpose and with live bait as fishing gear (arte de pesca), is prohibited in all Costa Rican jurisdictional marine waters for the non-tourist-sport commercial fleet. The fishing operations of the national fishing fleet, using longline, especially regarding zones and dates, shall be subject to the regulations of this agreement." "Article 2º-This agreement establishes provisions or regulations of a technical nature, of mandatory compliance. The infractions or non-observances of this agreement shall be sanctioned in accordance with the provisions of the Ley de Pesca y Acuicultura." "Article 4º-Establish a prohibition zone for the fishing and storage of live bait in nurseries, for the non- tourist-sport commercial fleet, according to the following demarcation and characteristics:
a. In Golfo Dulce from an imaginary line drawn between Cabo Matapalo and Punta Banco, and from this line inland to the end of Golfo Dulce (towards Rincón de Osa), for vessels that do not have the respective valid fishing permits for such purpose.
b. In the Golfo de Nicoya from an imaginary line drawn between Punta Peñón and Isla Negritos, and from this line inland up to the mouth of the Río Tempisque, for those vessels that do not have the respective valid fishing permits for such purpose. In the Golfo de Papagayo from an imaginary line drawn between Cabo Velas and Punta Blanca, and from this line inland, for those vessels that do not have the respective valid fishing permits for such purpose." "Article 5º-From the Costa Rican Pacific Coast and the imaginary lines established in subsections a, b, and c, of article 4; up to 30 miles offshore, a permanent prohibition zone is established, delimited by an imaginary line perpendicular to the coast, for the exercise of non- tourist commercial fishing using surface longline (long line) with live bait as fishing gear, as it will be considered directed fishing for the capture of sailfish.
Additionally, and under the same prohibition, a straight imaginary line is established from Punta Burica (08° 02' North Latitude and 82° 54' West Longitude) thirty nautical miles over the demarcation line of the maritime border between Costa Rica and Panama to the position 07° 28' North Latitude and 83° 10' West Longitude and another straight imaginary line from Punta Quepos (09° 24' North Latitude and 84° 11' West Longitude) thirty nautical miles to the position 09° 00' North Latitude and 84° 28' West Longitude.
Between these two imaginary lines indicated above, an area of thirty nautical miles perpendicular to the coast is established, in which, during the months of January to May of each year, in the first twelve miles, fishing with surface longline without live bait is allowed for the national small-scale fleet; from twelve miles to thirty miles, fishing with longline without live bait is allowed for the national medium- scale fleet; and beyond thirty miles, fishing with longline without live bait is allowed for the national advanced fleet." "Article 8º-In the event of incidental catch of sailfish during non-tourist commercial fishing activity, without it having been possible to return the specimen to the sea while still alive, the commercialization of the product fresh or frozen for human consumption shall be permitted exclusively in the national market. For the purposes of the above, the incidental catch may not exceed 15% (gutted weight) of the total catch of the vessel per each non-tourist commercial fishing trip carried out.
Incopesca shall not issue recommendations for the export of Sailfish, in accordance with the preceding paragraph of this article eight, a measure that shall be reviewed annually after this provision takes effect, to assess the impact of the results produced and determine whether to recommend export again.
The Board of Directors shall form a commission that will quarterly follow up on the information that the Dirección General Técnica will mandatorily provide on the impact of this measure on the national market. Constituted by three members of the Board of Directors from the coastal provinces, two members of the Tourist-Sport Fishing Organizations, and two members of the non-tourist commercial fishing sector, who are to be submitted in the respective shortlists." "Article 10.-For the landing of incidental catches of Sailfish, vessels shall be obliged to request prior inspection in port, following for this the procedures established by Incopesca.
When, during the landing of the product, sailfish is detected that exceeds or goes over the 15% of the total catch permitted as incidental catch, without it constituting, due to the quantities close to the percentage, directed fishing for sailfish, the Incopesca official in charge of the inspection shall not authorize the commercialization of said surplus, and the interested party must proceed to authorize its donation to charitable institutions or, otherwise, dispose of it in accordance with the applicable legal provisions." "Article 12.-(Repealed by agreement A.J.D.I.P.081-2014 of March 26, 2014).