23943-MOPT-MAG of January 5, 1995, which henceforth shall read as follows:
"Article 5º-It shall be the responsibility of the Costa Rican Institute of Fisheries and Aquaculture, referred to in Law No. 7384 of March 16, 1994, by means of the corresponding Office, to grant fishing permits or licenses.
For such purposes, interested parties must comply with the requirements established for that effect by said Institution and submit to it the certificate of net tonnage referred to in article 2 of this decree.
INCOPESCA shall not grant permits to carry out tuna fishing activities to those permit holders who do not comply with the requirements established in Executive Decree No. 19936-MAG of August 24, 1990, published in La Gaceta No. 188 of October 4, 1990.
Likewise, for the processing of the tuna fishing license or permits, the shipowners and captain of the vessel must provide an express statement of knowledge and acceptance regarding the non-use of fish aggregating devices (FADs) (plantados) in carrying out fishing activities or operations in Costa Rican jurisdictional waters, during the entire registration period of the vessel, due to the prohibition in force in Costa Rica against the use of such objects; as well as not carrying out fishing operations that involve encircling vessels of national or international flag that impede their navigation or fishing operations if the latter are already present in the area where the set (lance) is intended to be made by the purse-seine vessel. They must also expressly indicate the acceptance that the Inter-American Tropical Tuna Commission (CIAT) release information to the Costa Rican fishing authorities regarding the form or method that the boat uses and has used in the last calendar year for tuna fishing. In the event of non-compliance with the express commitment, INCOPESCA shall proceed to cancel the license or permit granted in accordance with the provisions of article 164 of Law No. 8436 of March 1, 2005".