"Article 1º-Directed fishing for sailfish (pez vela), using surface longline (palangre de superficie) adapted for that purpose and with live bait (carnada viva) 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, are hereby subjected 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 (carnada viva) in nurseries (viveros), for the non-tourist-sport commercial fleet, according to the following demarcation and characteristics:
a. In Golfo Dulce from an imaginary line between Cabo Matapalo and Punta Banco, and from this line inward to the end of Golfo Dulce (toward 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 between Punta Peñón and Isla Negritos, and from this line inward 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 between Cabo Velas to Punta Blanca, and from this line inward, 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, an imaginary line perpendicular to the coast is established that delimits a permanent prohibition zone for non-tourist commercial fishing using surface longline (palangre de superficie, long line) with live bait (carnada viva) as fishing gear (arte de pesca) since it will be considered as directed fishing for sailfish (pez vela).
Additionally and under the same prohibition, an imaginary straight line is established that runs from Punta Burica (08° 02' North Latitude and 82° 54' West Longitude) thirty nautical miles along the line demarcating the marine border between Costa Rica and Panama to position 07° 28' North Latitude and 83° 10' West Longitude and another imaginary straight line that runs from Punta Quepos (09° 24' North Latitude and 84° 11' West Longitude) thirty nautical miles to 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 permitted for the small-scale national fleet; from twelve miles to thirty miles, fishing with longline without live bait is permitted for the medium-scale national fleet; and beyond thirty miles, fishing with longline without live bait is permitted for the advanced national fleet." "Article 8º-In the event of bycatch (pesca incidental) of sailfish (pez vela) in non-tourist commercial fishing activity, where it was not possible to return the still-living specimen to the sea, the commercialization of the product in a fresh or frozen state for exclusive human consumption in the domestic market shall be permitted. For the purposes of the foregoing, the bycatch (pesca incidental) may not exceed 15% (gutted weight) of the vessel's total catch per each non-tourist commercial fishing trip carried out.
Incopesca shall not issue recommendations for the export of Sailfish (Pez Vela), in accordance with the provisions of the preceding paragraph of this article eight, a measure that shall be reviewed annually, after this provision enters into force, to assess the impact of the results produced and determine whether to recommend export again.
The Board of Directors (Junta Directiva) shall form a commission that shall quarterly monitor the information that the Dirección General Técnica shall mandatorily provide on the impact of this measure on the domestic market. Composed of 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, submitted through the respective shortlists." "Article 10.-For the unloading of bycatch (capturas incidentales) of Sailfish (Pez Vela), vessels shall be obligated to previously request the respective in-port inspection, following for this purpose the procedures established by Incopesca.
When sailfish (pez vela) is detected in the unloading of the product that exceeds or surpasses the 15% of the total catch permitted as bycatch (pesca incidental), without the same constituting, due to the quantities close to the percentage, directed fishing for sailfish (pez vela), the Incopesca official in charge of the inspection shall not authorize the commercialization of that excess, and the interested party must proceed to authorize its donation to charitable institutions or, otherwise, to 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).