- a)Special representative (Apoderado especial): natural or legal person authorized by the beneficiary, through a legal document, to carry out on their behalf the request, processing, and withdrawal of the fuel purchase order at a competitive international price.
- b)Provisioning (Avituallamiento): Action and effect of supplying oneself with provisions and other necessary inputs to carry out the fishing task.
- c)Competent authority (Autoridad competente): Regulatory Authority of Public Services (ARESEP), General Directorate of Transport and Fuel Commercialization of the Ministry of Environment, Energy, and Telecommunications (MINAET), FISCAL POLICE, Costa Rican Oil Refinery (RECOPE), Costa Rican Tourism Institute (ICT), National Coast Guard Service, Delegates of the Public Force, Port Captaincies of the General Directorate of Maritime Transport of the Ministry of Public Works and Transport, SCAC, Directorates, Regional Offices and Sub-Regional Offices of INCOPESCA.
- d)Base of operation (Base de operación): Beneficiary's place of preference for carrying out the procedures to obtain fuel at a competitive price.
- e)Beneficiary (Beneficiario): Natural or legal person with a current commercial fishing license, who requests, personally or through duly authorized third parties, fuel at a competitive price, as established by this Regulation.
- f)Catch (Captura): Quantity of hydrobiological resources fully landed in the national territory.
- g)Taxed fuel (Combustible gravado): Refers to regular gasoline and diesel.
- h)Fuel at a competitive international price (Combustible a precio competitivo a nivel internacional): It is the fuel, gasoline, regular and diesel, used in vessels with a current fishing license, for the execution of tourist or non-sport commercial fishing tasks.
- i)Fuel Committee (Comité de Combustible): Working group created to implement the system for the control and administration of fuel at a competitive price, as well as to supervise and stipulate the necessary changes in the fuel regulation, and to prepare the manuals and instructions for its correct application.
- j)Reconciliation (Conciliación): Comparing balances of liters of fuel authorized at a competitive price by INCOPESCA through purchase orders, with those liters sold by RECOPE for the same period.
- k)Agreements (Convenios): Documents containing the different clauses expressing the conditions that the beneficiaries, the Fishing Organizations, the special representatives, and INCOPESCA must comply with, concerning the fuel granted at a competitive price.
(As amended the previous paragraph by agreement A.J.D.I.P./151-2010 of May 11, 2010) l) Days of absence (Días de ausencia): Period of time dedicated to the fishing journey from the departure of the vessel from any port, until its arrival at the same or another port after finishing its fishing trip.
- m)Conversion factor (Factor de conversión): Corresponds to the value required to convert horsepower (Hp) to kilowatts (Kw), of the vessels' engines. Which is equal to 0.7457.
- n)Multiplication factor (Factor de multiplicación): It is the established numerical value by which the defined power range must be multiplied.
- o)National fishing fleet (Flota pesquera nacional): Set of national vessels registered in the Public Property Registry and with a current fishing license.
- p)Gulf of Nicoya (Golfo de Nicoya): For the effects of this Regulation, it is defined as:
Internal Zone: Area comprised between the imaginary straight line extending from the westernmost end of the city of Puntarenas, to the easternmost end of Punta Gigante on the Nicoya Peninsula, and from this line, inland waters bordering the coast on both sides of the gulf, until reaching the imaginary straight line extending between Puerto Níspero and Puerto Moreno at the mouth of the Tempisque River.
External Zone: Area comprised between the imaginary straight line extending from the westernmost end of the city of Puntarenas, to the easternmost end of Punta Gigante on the Nicoya Peninsula, and from this line, outward waters bordering the coast on both sides of the gulf, until reaching the imaginary straight line extending between Cabo Blanco and Punta Herradura.
- q)INCOPESCA: Costa Rican Institute of Fisheries and Aquaculture.
- r)Fishing Organization (Organización Pesquera): Those groups of fishermen legally organized for scientific purposes, for the promotion of fishing activity, for environmental protection, charitable, recreational purposes, and any other lawful purposes that do not have profit or gain as their sole and exclusive objective. It also includes, in addition to the specific Associations determined by the Associations Law, guilds, mutual aid associations, provident and patronage associations, and cooperative associations with limited liability. Which possess legal personality and legal ID. Excluded from this concept are the commercial companies determined by the Commercial Code.
- s)Fishing skipper or captain (Patrón de pesca o capitán): Person on board the vessel responsible for directing the fishing tasks and navigation.
- t)Artisanal fishing (Pesca artesanal): Fishing activity carried out in an artisanal manner by natural or legal persons when dealing with associations, cooperatives, or others of a similar nature, using a vessel, in continental waters or the coastal zone, and with autonomy to operate in accordance with current legislation.
- u)Commercial fishing (Pesca comercial): Commercial fishing is carried out to obtain economic benefits and is classified into:
u.1. Small scale (Pequeña escala): Fishing carried out personally by natural persons, without the use of a vessel, in continental waters or the coastal zone, or that practiced on board a vessel with an autonomy to operate up to a maximum of three nautical miles of the Costa Rican territorial sea.
u.2. Medium scale (Mediana escala): Fishing carried out by natural or legal persons, on board a vessel with an autonomy to operate up to a maximum of forty miles.
u.3. Advanced (Avanzada): Fishing carried out, by mechanical means, by natural or legal persons, on board a vessel with an autonomy to operate exceeding forty nautical miles, oriented to the capture of pelagic species with longline and other species of commercial importance.
u.4. Semi-industrial (Semi-industrial): Fishing carried out by natural or legal persons, on board vessels aimed at the extraction of shrimp with trawl nets, sardines, and tuna with purse seine nets.
u.5. Industrial (Industrial): Fishing and industrialization carried out by natural or legal persons, with vessels equipped to carry out on board tasks of fishing, freezing, packaging, and industrialization of their catches.
u.6. Tourist (Turística): Fishing activity carried out by national or foreign natural persons, with the aim of capturing, with appropriate personal fishing gear for this purpose, fishery aquatic resources in continental, jurisdictional waters, or in the Exclusive Economic Zone, for commercial purposes and exclusively tourist purposes, carried out on a permanent basis.
- v)Special power of attorney (Poder especial): Notarized document, through which the beneficiary authorizes a natural or legal person to carry out on their behalf the request, processing, and withdrawal of the fuel purchase order at a competitive price.
- w)Port (Puerto): Place of departure or arrival of fishing vessels in the national territory.
- x)RECOPE: Costa Rican Oil Refinery S. A.
- y)Signature registry (Registro de firmas): Suitable document where the signatures of the beneficiary, natural or legal person, and the special representatives are recorded in accordance with the special powers of attorney granted.
- z)Fuel Control and Administration Section (Sección de Control y Administración de Combustible, SCAC): Dependency of INCOPESCA in charge of the Administration, Supervision, and Control of the efficient use of the recommended fuel at a competitive price.
Attributions, obligations, and responsibilities of the Fuel Control and Administration Section (Sección de Control y Administración de Combustible, SCAC)