7317, of 30 October 1992, are hereby amended. The texts are as follows:
"Article 1.- The purpose of this law is to establish regulations on wildlife. Wildlife is comprised of the set of organisms that live in natural conditions, temporarily or permanently, in the national territory, both in the continental and insular territory, in the territorial sea, inland waters, the exclusive economic zone, and jurisdictional waters, and that do not require human care for their survival. Exotic organisms declared as wild by their country of origin, organisms cultivated or bred and born in captivity originating from wild specimens, their parts, products, and derivatives are considered wildlife and regulated by law. Wildlife may only be subject to private appropriation and trade through the provisions contained in public treaties, international conventions, this law, and its regulations.
The State shall have as an essential and priority function the application and enforcement of this law; likewise, it shall guarantee that the promotion and productive activities related to the management and reproduction of wildlife are carried out in a sustainable manner.
This law shall not apply to the conservation, sustainable management, protection, and adequate administration of wildlife resulting from traditional non-profit practices, uses, and customs of indigenous peoples within their territories.
This law shall not apply to species of fishing or aquaculture interest, whose specific regulation is established in Law No. 7384, of 16 March 1994, and Law No. 8436, of 1 March 2005, and whose competence as the executing entity corresponds to Incopesca; likewise, it shall not apply to forest species, nurseries (viveros), reforestation processes, forest management and conservation, and agroforestry systems, whose specific regulation is established in the Forest Law (Ley Forestal), No. 7575, of 13 February 1996, and its amendments.
Any activity related to the use of and access to genetic and biochemical information of wildlife shall be governed by the provisions of the Convention on Biological Diversity and its Annexes, Law No. 7416, of 30 June 1994, the Biodiversity Law (Ley de Biodiversidad), No. 7788, of 30 April 1998, and the concordant norms of the Costa Rican legal system. The powers attributed to Senasa, by its law of creation, No. 8495, of 6 April 2006, are hereby reserved." "Article 2.- For the purposes of this law, the following definitions apply:
Aquarium (Acuario): management site that keeps wildlife associated with aquatic ecosystems in captivity (cautiverio), which may be for commercial or non-commercial purposes, under the direction of a technical team of professionals that guarantees them adequate living conditions in an attractive and didactic manner for the public. Its principal objectives are the conservation, education, research, reproduction, exhibition, and preservation of organisms in a scientific manner.
Official areas for the conservation of wild flora and fauna: wild areas protected under any management category, water resource protection areas, and any other land that forms part of the State's forest heritage.
Duly authorized private areas: private lands subject to the forestry regime, to programs for payment for environmental services (pago de servicios ambientales), to ecological easements (servidumbres ecológicas), or to any other conservation regime agreed upon by their owners.
Captivity (Cautiverio): deprivation of liberty of wild animals from the aquatic and terrestrial environment that live under human care.
Hunting (Caza): action, for any purpose, of wounding, seizing, capturing, or killing wild animals.
Rescue center (Centro de rescate): wildlife management site (sitio de manejo de vida silvestre) whose objective is to rehabilitate wildlife that has been rescued, confiscated, or voluntarily surrendered, for its recovery and reinsertion into the natural environment when warranted. Those organisms whose condition does not permit their reinsertion into the natural environment shall be placed in wildlife management sites defined in this law. They are not for profit and are not open to the public.
Collection (Colecta): action of gathering, cutting, capturing, or separating wild organisms, their products, and parts from their environments.
Wildlife trade (Comercio de vida silvestre): any act of transferring ownership—offering, buying, selling, trading, soliciting, engaging in barter, or any lucrative activity—of organisms, parts, products, and derivatives of wildlife. It also includes activities of export, re-export, import, or introduction from abroad.
Continent (Continente): each of the large land extensions separated by the oceans.
Water body (Cuerpo de agua): any spring (naciente), river, stream, permanent brook, aquifer, lake, lagoon, marsh, wetland, natural or artificial reservoir (embalse), estuary, mangrove swamp, peat bog, swamp, fresh, brackish, or salt water.
Reservoir (Embalse): accumulation of water resulting from its retention by humans, generally for its greater utilization.
Invasive exotic species (Especie exótica invasora): one that, when introduced into sites outside its natural geographical distribution range, colonizes ecosystems and its population becomes abundant, thus becoming a competitor, predator, parasite, or pathogen of native wild species. It becomes an agent of habitat change and has a negative effect on biological diversity. Those exotic species whose populations become abundant and cause damage to human activities or human health are also considered invasive.
Scientific study (Estudio científico): any research that applies the scientific method (observation, hypothesis formulation, testing of hypotheses, hypothesis review, communication of results, conclusions, and recommendations).
Equipment (Equipo): all instruments, tools, apparatus, means of transport, vehicles, vessels, implements, weapons, utensils, and devices used for the extraction, collection, hunting, and fishing of wildlife.
Euthanasia (Eutanasia): act of causing death without physical suffering to a wild organism for technically proven reasons of viability and quality of life.
Exhibition (Exhibición): display of wildlife open to the public, with or without commercial purposes, on a temporary or permanent basis, fixed, mobile, or itinerant.
Wildlife extraction (Extracción de vida silvestre): action of extracting or removing wildlife, its parts, products, or derivatives, in natural or altered environments.
Ex situ: outside its natural environment.
Wild fauna (Fauna silvestre): wild fauna is constituted by vertebrate and invertebrate animals, resident or migratory, that live in natural conditions or that have been extracted from their natural environments or reproduced ex situ for any purpose in the national territory, be it continental or insular, in the territorial sea, in inland waters, the exclusive economic zone, or jurisdictional waters, and that do not require human care for their survival; as well as those exotic animals, vertebrates and invertebrates, declared as wild by their country of origin; it also includes animals bred and born in captivity originating from wild specimens. The taxonomic classification of species shall be established in the regulations to this law.
Wild flora (Flora silvestre): wild flora is constituted by the set of vascular and non-vascular plants, algae, and fungi existing in the national territory, continental or insular, in the territorial sea, inland waters, the exclusive economic zone, or jurisdictional waters, that live in natural conditions or that have been extracted from their natural environment or reproduced ex situ for any purpose, which shall be indicated in the regulations to this law; as well as those exotic vascular and non-vascular plants, algae, and fungi declared as wild by their country of origin; it also includes vascular and non-vascular plants, algae, and fungi that have been cultivated in captivity originating from wild specimens. Excluded from this set are vascular plants that correspond to the concept of "forest tree" and plants, fungi, and algae for agricultural use, according to the definition given by the law or the regulations governing this matter.
In situ: within its natural environment.
Import (Importar): action of introducing into the country any organism or set of wildlife organisms, their products, parts, or derivatives.
Lakes (Lagos): large permanent body of water deposited in depressions in the terrain.
Wildlife management (Manejo de vida silvestre): application of knowledge obtained through research of the environment and its wild populations, for conservation and sustainable use purposes, in situ and ex situ.
Pet-ification (Mascotización): process by which a wild animal is removed from its natural environment to be kept as a pet, in permanent contact with humans, which causes variations in its diet and environment, stimulates the loss of instinctive behaviors inherent to its nature, deteriorates its social behavior, its health, and harms its quality of life.
Aquarium fish (Peces de acuario): those reproduced in tanks or other means in which humans intervene. These fish are destined to live in artificial environments, for scientific or commercial purposes or for exhibition.
Wildlife fishing (Pesca de vida silvestre): act consisting of capturing, hunting, and extracting aquatic wildlife by methods or procedures approved by the competent authority.
Parental stock (Plantel parental): group of individuals of one or several species, obtained to implement a wildlife management site that does not involve access to genetic and biochemical elements and resources of biodiversity.
Continental shelf of Costa Rica (Plataforma continental de Costa Rica): marine zone extending from the coastline permanently covered by the sea to the continental slope.
Product (Producto): anything that comes directly from wildlife.
Regency (Regencia): professional responsibility in the matter of wildlife management, exercised through a set of techniques applied for the implementation of different categories of wildlife management, which must be exercised by a professional with proven training, experience, and suitability in wildlife management.
Wildlife management site (Sitio de manejo de vida silvestre): place or space that provides different degrees of management and protection to wildlife. It includes the following categories: zoo (zoológico), breeding center (zoocriadero), rescue center, nursery (vivero), aquarium (acuario), botanical garden, herbarium, natural museums, germplasm bank, exhibitions, and other delimited areas for ex situ management, with or without commercial purposes, with the objective of conservation, education, research, reproduction, reintroduction, restoration, and exhibition; domestic and decorative gardens are excluded.
Taxidermy (Taxidermia): art of dissecting animals to preserve them with a lifelike appearance.
Possession (Tenencia): action of possessing one or several wildlife organisms confined and outside their natural environment.
Transport or movement (Transporte o trasiego): action of transferring, carrying, conveying, or moving wildlife, its products, parts, and derivatives, from one place to another.
Trafficking (Tráfico): movement, transit, or movement of wildlife, its products, parts, and derivatives, to trade or deal with them.
Wildlife (Vida silvestre): set of organisms that live in natural conditions, temporarily or permanently, in the national territory, both in the continental and insular territory, in the territorial sea, inland waters, the exclusive economic zone, and jurisdictional waters, and that do not require human care for their survival. Exotic organisms declared as wild by their country of origin, organisms cultivated or bred and born in captivity originating from wild specimens, their parts, products, and derivatives are considered wildlife and regulated by law.
Nursery (Vivero): physical facilities intended to create ideal conditions for planting, germinating, and maturing plants.
Artisanal commercial nursery (Vivero artesanal comercial): a nursery with no more than five hundred wild plants originating from the natural propagation of the parental stock. The primary purpose shall be the commercialization of these with the corresponding permit from SINAC.
Breeding center (Zoocriadero): site that may or may not have commercial purposes, in which wildlife is propagated or reproduced, with knowledge of species management, outside their natural habitat, and where human control is involved in the selection process and choice of organisms to be reproduced.
Artisanal breeding center with restricted management (Zoocriadero artesanal con manejo restringido): management site that reproduces wildlife whose populations are not reduced or in danger of extinction. The main purposes are the supply of parental stock for other breeding centers, family consumption, environmental education, and ecosystem restoration. Supervision shall be carried out by the technical personnel of the respective conservation area.
Zoo (Zoológico): management site that keeps wildlife in captivity, which may be for commercial or non-commercial purposes, under the direction of a body of professionals that guarantees them adequate living conditions in an attractive and didactic manner for the public. Its principal objectives are the conservation, education, research, and exhibition of wild fauna in a scientific manner." "Article 7.- The National System of Conservation Areas of the Ministry of Environment and Energy has the following functions in the exercise of its competence:
- a)Establish the technical measures to be followed for the sound management, conservation, and administration of wild flora and fauna, subject to this law and the respective international conventions and treaties ratified by Costa Rica.
- b)Establish and administer national wildlife refuges.
- c)Promote the establishment of national wildlife refuges on mixed or private property.
- d)Promote and execute education and research programs on the additional use of the country's renewable natural resources, in the field of wildlife under its purview, in accordance with this law.
- e)Promote and execute research in the field of wildlife, except those referring to genetic and biochemical resources regulated by the Biodiversity Law (Ley de Biodiversidad).
- f)Issue, deny, or cancel control hunting, extraction, research, scientific and academic collection permits, and any permit to import or export wildlife, its parts, products, and derivatives, as well as approve, reject, or modify management plans and operating permits for the different wildlife management establishments, wildlife refuges, and for those wildlife management activities that require them.
- g)Finance theses or research that allow for better knowledge of wildlife.
- h)Protect, supervise, and administer wetlands with an ecosystem approach, as well as determine their classification of national or international importance.
- i)Create and manage management, control, surveillance, and research programs on wildlife.
- j)Support the formal and informal education programs of the Inter-institutional Commission for Biodiversity Education and Public Awareness and Research (Ciecopi).
- k)Coordinate with other competent entities in the prevention, mitigation, attention, and follow-up of damage to wildlife.
- l)Promote the responsible participation of individuals, individually or collectively, in the preservation and restoration of ecological balance and the protection of the environment.
- m)Promote the conservation of natural ecosystems.
- n)Establish contingency plans for the protection of wildlife in the event of natural disasters.
- ñ)Coordinate actions with public or private, national or international institutions for the conservation and sustainable management of wildlife.
The delimitation of wetlands shall be done by executive decree, according to technical criteria." "Article 11.- [...]
- b)The amounts received for permits, services, prices, inscriptions, registrations, licenses, concessions, regencies (regencias), and use permits in wildlife refuges, publications, and certifications, all these shall be established and updated via executive decree.
[...]" "CHAPTER IV Conservation and management of wildlife" "Article 14.- The State, through SINAC and other competent authorities, shall regulate the following activities:
- a)Hunting (Caza) The hunting of wildlife is prohibited except in cases where, based on technical-scientific studies, such practice is required for the control of species with high population densities that threaten their own species, other wild species, or the very stability of the ecosystem that supports them. Sport hunting is totally prohibited; only control hunting and subsistence hunting shall be permitted.
- b)Collection (Colecta) The collection of wildlife is prohibited except when its destination is a legally established management site for reproduction for conservation, research, education, reintroduction, or commercial purposes. SINAC shall determine which species shall be the subject of population studies to establish the parental stock for authorized reproduction centers.
- c)Extraction (Extracción) The extraction of wildlife is prohibited except when its destination is a legally established management site for reproduction for conservation, reintroduction, or commercial purposes. SINAC shall determine which species shall be the subject of population studies to establish the parental stock for authorized reproduction centers.
- d)Possession (Tenencia) The possession in captivity of wildlife is prohibited except when it comes from a legally established management site for reproduction for conservation, reintroduction, or commercial purposes. SINAC shall determine which species shall be the subject of population studies to establish the parental stock for authorized reproduction centers.
To carry out the collection, transport, and commercialization of wildlife, the requirements established in this law and its regulations must be met.
SINAC shall establish, based on technical-scientific criteria and with the technical support of scientific institutions, the official lists of endangered species, species with reduced populations, threatened species, and species authorized for control hunting, as well as other lists for the protection and management of wildlife deemed appropriate.
These lists must be updated at least every two years." "Article 16.- For the faithful fulfillment of the obligations established in this law, wildlife inspectors, forest inspectors, park rangers, and officials of SINAC duly accredited for these purposes and in the performance of their duties are empowered to stop, transit, enter, and carry out inspections within any property and vessel, as well as in the industrial and commercial facilities involved, as well as to confiscate organisms, parts, products, and derivatives of wildlife, together with the equipment used in the commission of a crime or activity prohibited by this law.
In the case of private domiciles, the permission of the competent judicial authority or the owner must be obtained." "Article 18.- The State, through SINAC, shall regulate the trade and trafficking of wildlife, its parts, products, and derivatives, provided that the parts, products, or derivatives are not related to genetic and biochemical resources of wildlife, which shall be regulated by the Biodiversity Law (Ley de Biodiversidad), No. 7788. The export, import, and trafficking of any wildlife species included in SINAC's lists as endangered or with reduced populations is prohibited, except if it comes from an authorized wildlife management site. Those imported organisms that have the permits from the country of origin are exempted." "Article 19.- The National Wildlife Registry (Registro Nacional de Vida Silvestre, RNVS) is hereby created within SINAC.
This Registry shall be public and easily accessible and must be shared with public institutions and with any person who so requests.
The primary function of this Registry shall be the registration and control of wildlife that remains in wildlife management sites, in addition to that which is in the hands of private individuals, including dissected organisms and private or personal collections. In all cases, they shall be obligated by law to report them to said Registry. The types of registries shall be defined via regulations.
Scientific institutions, public or private, as well as private individuals and any natural or legal person dedicated to taxidermy (taxidermia) and other processing of wildlife, its parts, products, or derivatives, must also be registered and comply with the requirements established in the regulations to this law.
The registration, marking, and identification of wildlife, parts, products, and derivatives found in these places shall be carried out according to the procedures established in the regulations to this law." "Article 20.- Private wildlife management sites dedicated to the conservation, education, research, exhibition, reproduction, restoration, and reintroduction of wildlife, with or without commercial purposes, must be registered with SINAC and have an approved management plan.
The price for registration and services to be paid shall be defined via executive decree and shall be deposited into the account of the Wildlife Fund (Fondo de Vida Silvestre)." "Article 21.- All wildlife management sites must have a management plan, approved according to its category, whose content shall be established via regulations, to be prepared by a professional with proven training, suitability, and experience in wildlife management, incorporated into the respective professional association. SINAC shall have a period of sixty days to approve or reject the management plan and shall provide technical justification for its resolution.
The regent (regente) who prepares and executes the management plan for a wildlife management site must be registered with the Registry of Regencies (Registro de Regencias) of SINAC. They must demonstrate proven suitability, experience, and capacity in wildlife management, which shall be recorded in the Registry. Furthermore, they must be duly affiliated with their professional association; likewise, they shall have public faith (fe pública) and shall be responsible for ensuring that the objectives of the management plan are met. For this, they may have the necessary technical support from other professionals. The regent must deposit a satisfactory fidelity bond and shall be liable for their actions in criminal and civil proceedings.
Non-compliance with the obligations of the regent empowers SINAC to exclude the regent from the Registry of Regencies for a period of one to five years, according to the seriousness of the fault, following a procedure that guarantees due process, as well as to file the corresponding complaints, both criminal and civil, with the respective professional association." "Article 22.- Exotic or native wildlife that causes damage to any ecosystem or to agriculture, livestock, and public health may be captured, controlled, harvested, eliminated, or relocated in accordance with the provisions determined in the regulations to this law, upon prior completion of the corresponding technical-scientific studies and economic cost-benefit evaluations. However, in the event of imminent danger to the integrity of persons by a wild specimen, a person may, in self-defense, proceed to capture, control, or, as a last resort, eliminate the threatening specimen, without such action entailing any sanction.
The powers of the National Animal Health Service and the State Phytosanitary Service of the Ministry of Agriculture and Livestock and of the Ministry of Health, in sanitary matters, are hereby reserved. The sacrifice of the organism shall be used as a last resort, using methods that best avoid suffering." "Article 23.- Euthanasia (eutanasia) shall be applied to wildlife when the necessity is demonstrated through the technical-scientific criteria of the veterinarian who will apply the procedure.
This shall be performed by a veterinarian or under their direct supervision. Both the methods for performing euthanasia and the provisions on the final use of the sacrificed animals shall be determined via regulations." "Article 24.- The reinsertion into the natural habitat of wildlife obtained from confiscations, rescues, scientific or academic collection, or that originating from wildlife management sites, may not be carried out without the respective permits from SINAC, for which prior sanitary, ethological, and genetic evaluations of the organism or organisms involved shall be conducted, so as to guarantee that they will not cause damage to the ecosystem in which they will be released. Such evaluations shall be conducted by an interdisciplinary team containing at least a biologist, a veterinarian, and a geneticist.
Exempt from the respective sanitary, ethological, and genetic evaluations are the organism or organisms in cases where the release takes place within seventy-two hours following their capture and in the same place of collection when possible, or within an area that meets the appropriate conditions for the subsistence of the organism or organisms involved, provided that such place is within the species' natural distribution area.
Wildlife reintroduction programs to their habitat must have the necessary space and resources for the establishment and survival of individuals of the population to be released and a management plan whose requirements shall be established via regulations.
Reintroduction programs of species to a new habitat must have the following:
1. Studies on the population dynamics of the species.
2. Studies on population genetics.
3. Studies on the potential introduction of pathogens from animals in captivity to local populations, so as to ensure the well-being of wild species." "Article 25.- SINAC may grant, through this law:
- a)Operating permits for wildlife management sites, businesses selling or trading wildlife. The interested party must previously comply with the other permits included in other laws.
- b)Research permits, except permits for access to genetic and biochemical elements and resources of biodiversity, which shall be regulated by the Biodiversity Law (Ley de Biodiversidad). Basic research permits, bioprospecting, and economic exploitation referring to genetic and biochemical elements and resources of wildlife are regulated by the current Biodiversity Law.
- c)Control hunting licenses for scientific or academic collection, except permits for access to genetic and biochemical elements and resources of biodiversity, which shall be regulated by the Biodiversity Law (Ley de Biodiversidad).
- d)Import and export permits for wildlife organisms, their parts, products, and derivatives, in the case of species included or not in the CITES Appendices, corresponding to Law No. 5605, of 30 October 1974. Permits for access to genetic and biochemical elements and resources of biodiversity, which shall be regulated by the Biodiversity Law (Ley de Biodiversidad), are excepted.
- e)Permits to carry out activities derived from the preservation of community customs and the cultural heritage of local communities that involve traditional lifestyles relevant for the conservation and sustainable use of biodiversity, in order to ensure an adequate balance between wildlife protection policies and the preservation of community customs.
The preceding subsections shall be applied without prejudice to the powers attributed to Senasa by its law of creation No. 8495, of 6 April 2006." "Article 26.- Every application for the permits established in the preceding article must be submitted with an environmental impact assessment (evaluación del impacto ambiental), which, for the purposes of this law, is considered a public document and must include at least the following requirements:
1. Objectives of the introduction.
2. Real demand for the resource in the country of origin.
3. Feasibility study.
4. Status of the species at the global level.
5. Life cycle of the species in its original environment.
6. Behavior.
7. Reproductive potential.
8. Movement and activity patterns.
9. Diseases, pests, and parasites.
10. Potential of the species as a predator.
11. Potential of the species as a pest.
12. Potential of the species as a competitor for resources or space with native species.
13. Potential for hybridization with native species.
14. Potential for dispersal from the introduction site.
15. Population control methods for the species.
16. Criterion for selecting and capturing vigorous animals.
17. Optimal number and sex ratio of individuals to be introduced.
18. Appropriate animal transport system.
19. Experiences of introduction of the species in other countries.
SINAC will have one month, from the date of submission, to study and resolve the submitted request. The permit holder must pay in advance the price for granting the import permit, as applicable. The amount of said price shall be established via executive decree." "Article 27.- The temporary or permanent exhibition of native or exotic wildlife in circus shows throughout the national territory is prohibited, as well as the importation of wildlife that is part of circuses, traveling public shows, and similar entities into the national territory, when its purpose is the public exhibition of these organisms." "Article 28.- In order to regulate the exercise of hunting, it is classified as follows:
- a)Control hunting: shall be permitted when, for some reason, wild populations exceed population limits to the detriment of their own species, other wild species, or the very stability of the ecosystem that supports them. This category of hunting shall include those native or exotic species that are causing damage to artificial and natural ecosystems and that have been declared an invasive species or designated as harmful in accordance with article 22 of this law.
This hunting category is applied based on the results of technical-scientific studies in accordance with the parameters established in this law to determine the species, the affected areas, and the extraction or control quotas.
- b)Subsistence hunting: shall be permitted when the prey is for personal or family consumption and not for commercial purposes, according to the rules set forth in the regulation of this law. Wildlife with reduced, threatened, or endangered populations is excluded from this hunting. Subsistence hunting shall not be permitted in protected wilderness areas." "Article 29.- For the purposes of the preceding article, only Costa Ricans and resident foreigners, over eighteen years of age, who are duly registered on the official lists of SINAC, who carry the corresponding license, and who comply with the provisions of this law and its regulation, may practice control hunting. The wildlife that may be utilized shall be determined through technical-scientific studies, as established in this law.
Control hunting may be carried out on public lands or in protected wilderness areas when it is determined through a technical-scientific study that a wildlife species is causing damage to the ecosystem; on private farms, permission from the owner shall be required. In both cases, this activity is subject to the restrictions established in this law and its regulation." "Article 30.- Hunting licenses shall be issued by SINAC, upon prior compliance with the requirements established in this law and its regulation.
The price for granting licenses, as well as the validity of control hunting licenses for nationals and resident foreigners, shall be established via decree, and the resulting amount shall be deposited into the account of the Wildlife Fund (Fondo de Vida Silvestre)." "Article 31.- Hunting licenses for nationals and resident foreigners shall be valid for one year. The validity of the license for non-resident foreigners shall be established in the regulation. In both cases, the license may be renewed for equal periods, upon prior payment of the corresponding price." "Article 33.- Hunters and associations must register with SINAC; for this, they must provide the requirements established in the regulation of this law." "Article 35.- The hunting of wildlife by methods not approved by this law and its regulation is prohibited.
Hunting thereof shall be permitted when it is intended to stabilize overpopulations that endanger other species and economic activities, for scientific subsistence reasons, or populations subject to sanitary control. In this case, the hunting permits granted by the bodies indicated in this law must be obtained. Likewise, hunting shall be permitted for sanitary reasons duly established by the Ministry of Health or the National Animal Health Service (Servicio Nacional de Salud Animal) and not subject to any permit due to its risk to public and animal health." "CHAPTER VI
Exercise of Wildlife Collection" "Article 36.- For the exercise of the collection of wildlife, its parts, products, or derivatives, the permits issued by SINAC must be obtained, once the requirements established in this law and its regulation for the corresponding modality have been met.
In order to regulate wildlife collection, it is classified as:
Scientific research: when carried out for scientific study purposes or based on scientific studies for the management of wild populations for conservation purposes.
Academic: when carried out for educational purposes and under the auspices of a course or educational program, from an educational institution duly recognized by the Ministry of Education or the National Council of Rectors (Consejo Nacional de Rectores, CONARE), the collection permit must be authorized by the competent authority.
Parental stock (plantel parental): when carried out for the establishment of a wildlife management site in accordance with articles 14 and 36 bis of this law, which does not involve access to genetic and biochemical elements and resources of biodiversity.
Subsistence: when carried out to meet food or medicinal needs of persons with limited economic resources, verified according to the rules set forth in the regulation of this law. Wildlife with reduced, threatened, or endangered populations is excluded from this collection. When any of these types of collection involves access to genetic and biochemical elements and resources of wildlife, they shall be regulated by the Biodiversity Law No. 7788 (Ley de Biodiversidad N.º 7788).
SINAC must keep an updated registry of the licenses granted for scientific, academic, and parental stock collection related to wildlife, as well as the scientific research permits related to wildlife that it has granted. This registry shall be public and easily accessible." "Article 38.- Licenses for collection for scientific research and academic purposes shall be issued for a maximum period of one year to nationals or resident foreigners and for up to six months to other foreigners. In both cases, they may be canceled by SINAC when the holder contravenes national regulations or when the use is considered inconvenient for national interests.
For the exercise of collection for parental stock, the license granted by SINAC is required, which shall be valid for a maximum of one year and shall be renewable for equal periods; for these purposes and as applicable, consultations must be made with the respective authorities and scientific entities, in accordance with the procedures established by the regulation of this law. Every beneficiary is obliged to submit a report to SINAC on the results of the collection; failure to do so shall result in SINAC denying the license for future collections." "Article 39.- Wildlife collection may only be carried out using the appropriate methods to be determined by SINAC and which shall be established via executive decree, after prior consultation with the respective authorities." "Section II Exercise of Research" "Article 40.- To conduct scientific research, the permits issued by SINAC must be obtained, once the requirements established in this law and its regulation have been met.
When the research involves access to and use of the genetic and biochemical elements and resources of wildlife, it shall be regulated by the Biodiversity Law, No. 7788 (Ley de Biodiversidad, N.º 7788)." "Article 41.- Every scientist, researcher, or scientific-academic institution that, personally or on behalf of an entity with scientific purposes, wishes to conduct research on wildlife in Costa Rican territory, must comply with the submission of the requirements established in this law and its regulation, to obtain the respective permit, which must conform to the management plan of the protected wilderness area in question.
The research permit shall be granted by SINAC for a maximum period of one year to nationals or resident foreigners and for up to six months to other foreigners. Said permit may be canceled by SINAC when the holder contravenes this law or its regulation, or when the use is considered inconvenient for national interests.
Permit holders, whether independent researchers, universities, public or private institutions and bodies, national or foreign, must deliver two copies to the National Library (Biblioteca Nacional) and two other copies to SINAC of the reports and publications generated from the research conducted in Costa Rica. Failure to do so may result in SINAC denying the permit for future research.
Whoever requests the research permit must pay its price, which shall be established via executive decree and deposited into the account of the Wildlife Fund (Fondo de Vida Silvestre). Excepted from this obligation are the entities established in article 4, and subsequent and concordant articles, of the Biodiversity Law (Ley de Biodiversidad)." "Article 43.- Wildlife research may be conducted in protected wilderness areas with the written authorization of the administration of the protected wilderness area, and on private property, with the written authorization of whoever is legally authorized to grant it.
Scientific or cultural collection may only be carried out in accordance with the methods and conditions stipulated in the regulation of this law." "Article 44.- The export permit for unique or rare specimens, obtained through scientific or academic collection, may be granted after prior consultation with specialists in the field, who, once cataloged, shall determine whether the specimen or specimens leave freely or on loan, in accordance with the public interest." "Article 46.- When specimens obtained through scientific or academic collection are destined for foreign entities, SINAC shall require, before granting the export permit for scientific or academic purposes, the delivery of identical specimens to the National Museum (Museo Nacional) and the University of Costa Rica (Universidad de Costa Rica) (Law No. 4594, of July 1, 1970).
When the specimens have been accessed through an access permit granted by Conagebio and are not species included in the CITES lists, an export permit shall not be required from SINAC.
"Article 49.- Failure to comply with any of these obligations shall be sanctioned by SINAC, with the impossibility, for the scientist or researcher personally or for the institution they represent, of obtaining new authorizations for studies or research within the national territory, for a period of up to five years. The foregoing is stipulated without prejudice to any corresponding legal actions." "Article 53.- The amount of the price for extraction and collection licenses for flora shall be established via executive decree. The establishment of the amount to be paid shall be carried out in accordance with the respective technical and legal analysis that justifies the amount to be charged." "Article 55.- SINAC is empowered to grant export permits for species reproduced in wildlife management sites, registered in accordance with this law; the permit holders must also process the sanitary certificates and other requirements specified by related laws and international conventions.
The price for granting the export permit shall be established via executive decree and deposited into the account of the Wildlife Fund (Fondo de Vida Silvestre). The granted export permits shall not be transferred to third parties without prior authorization from SINAC." "Article 56.- SINAC may grant the export permit for wildlife not included in the CITES appendices for commercial purposes, upon prior payment of the respective permit amount, which shall be established via executive decree." "Article 64.- The price to be paid for the sport fishing license, continental or insular, shall be established via executive decree." "Article 68.- Fishing is prohibited in the bodies of water, up to their mouths, defined in this law, when explosives, gunpowder, pyrotechnics, poisons, lime, spearguns (arbaletas), cast nets (atarrayas), trammel nets (trasmayos), seine nets (chinchorros), multiple fishing lines, and any other method not authorized by this law and its regulation are used." "CHAPTER IX Import, Export, and Transit of Wild Species Included in CITES" "Article 71.- The National System of Conservation Areas (Sistema Nacional de Áreas de Conservación) shall be the administrative authority, in accordance with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), whose main function shall be to fulfill the objectives of the Convention and to grant or deny, as appropriate, the export and import permits and certificates of origin." "Article 73.- The Administrative Authority shall prepare a written report, in the first quarter of each year, it must send a copy thereof to the Secretariat of the International Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES). The content of this report shall be established in the regulation of this law, under the parameters stipulated by the Secretariat of the Convention." "Article 74.- The Executive Branch shall appoint one or several scientific authorities, whose function shall be to advise SINAC on technical-scientific matters of wildlife organisms related to international trade, for the fulfillment of the objectives of the Convention and of this law." "Article 75.- The import or export of the fauna or flora included in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall not be permitted when the scientific authority verifies that such import or export is carried out to the detriment of national wild flora and fauna. Export permits shall only be issued for species included in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), provided they are artificially reproduced animals or plants or are for scientific or cultural purposes.
The export permit shall be valid for three months from the date of its issuance.
Specimens of species included in Appendix I of CITES, born from captive breeding programs duly registered with the Secretariat, in accordance with the provisions of article 14 bis, shall be considered Appendix II species as established by said Convention and, therefore, may be exported with the respective permits from the Administrative Authority as established in the preceding article." "Article 77.- When animals or plants are confiscated that have been handled in contravention of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), these shall be returned to the country of origin; in the event that the country of origin shows no interest in repatriating said specimen, it must be transferred to a rescue center duly authorized by SINAC." "Article 79. The export, import, or traffic of fauna and flora, their products, parts, or derivatives, included in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with countries that apply measures equal to or equivalent to those established by the Convention, is prohibited." "Article 80.- The State may not enter any reservation whatsoever with respect to one or several species of animals or plants included in the appendices in international trade, in accordance with what is established in this regard by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)." "Article 81.- The amount of the price for the granting of each export permit of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall be established via executive decree. This shall be deposited into the account of the Wildlife Fund (Fondo de Vida Silvestre) and the resources shall be used for the operation of the local structure of that Convention." "Article 82.- National wildlife refuges are those that the Executive Branch declares or has declared as such, for the conservation, management, and protection of wildlife, especially those that are endangered. For classification purposes, there are three classes of national wildlife refuges:
[.]" "Article 93.- Whoever hunts wild fauna or destroys its nests, without authorization from the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación), shall be sanctioned as follows:
[.]
- c)With a fine of one to five base salaries (salarios base) or a prison sentence of two to four months, and the confiscation (comiso) of the weapons and the pieces that constitute the product of the infraction, when dealing with species not indicated in the preceding subsections that are subject to a closed season (veda).
[.]" "Article 107.- Whoever hunts wildlife fauna without the corresponding license in accordance with this law shall be sanctioned with a fine of fifty percent (50%) up to two base salaries (salarios base), with the loss of the corresponding weapons, and the confiscation (comiso) of the pieces that constitute the product of the infraction." "Article 109.- Whoever, being authorized to exercise control hunting or fishing, exceeds the limits established by the regulation regarding the number of pieces, sizes, species, and authorized zones, shall be sanctioned with a fine of fifty percent (50%) to three base salaries (salarios base), the confiscation (comiso) of the pieces or derivatives that constitute the product of the infraction, and the loss of the equipment or material used that constitute the product of the infraction; the owner of the equipment used in the crime shall have civil liability.
The same penalty shall be imposed on whoever, having obtained permits for subsistence or control hunting or for scientific collection, uses the pieces obtained for purposes other than those established in this law and its regulation." "Article 110.- Whoever keeps wild animals in danger of extinction or with reduced populations in captivity or as pets, without authorization from the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación), shall be sanctioned with a fine of two to four base salaries (salarios base), and with a fine of fifty percent (50%) of one base salary (salario base) to two base salaries, when dealing with wild animals that are not in danger of extinction nor have reduced populations. In both cases, the confiscation (comiso) of the animals shall be decreed."