2- In accordance with Executive Decree No. 34681-MAGMINAE regarding the "Management Plan for the exploitation of tuna and related species in the Costa Rican Pacific exclusive economic zone," published in La Gaceta No. 213 of November 5, 2014, its Article 11 establishes that vessels of the medium-scale commercial fishing fleet and the advanced commercial fishing fleet that carry out fishing activities or operations for tuna and related species within the areas established in Article 2, subsections a), b), c), and d) of said Decree must obligatorily carry a fishing logbook and record all the information on fishing operations requested therein: the objective of the fishing trip, the gear and preparation of the vessel at the time of departure, a record by set stating the dates, the positions of the fishing sets, including the start and end of each one, the quantity of catches and the type of species caught per fishing set, a record of transshipments during the fishing trip conducted to ascertain the destination given to the catch and the quantities transshipped by species at the port of arrival, the name of the captain and crew, and any other important information about the fishing trip. Therefore, the information on their fishing operations must be reflected and detailed in the books called the Fishing Operations Logbook, the Set-by-Set Logbook, and the Transshipment Logbook.
(Thus amended the preceding considering clause by Agreement No. AJDIP/407-2017 of September 29, 2017)
- 3That Articles 41, 105, and 152 of the Fisheries and Aquaculture Law state that those holding a license, authorization, permit, or concession must keep an operations logbook for their activity; in this regard, the Fishing Operations Logbook, the Set-by-Set Logbook, and the Transshipment Logbook must be kept on board with complete and correct information.
(Thus amended the preceding considering clause by Agreement No. AJDIP/407-2017 of September 29, 2017)
4.- That Executive Decree No. 36782-MINAET-MAG-MOPT-TUR-SP-S-MTSS, related to the Regulations to the Fisheries and Aquaculture Law No. 8436, in Article 114 establishes the obligation to carry the Fishing Operations Logbook, indicated in Article 105 of the LPA, on board the fishing vessel at all times, which must be duly legalized beforehand by the Executing Authority, through its Legal Department.
5.- That the Tariff Commission proposes a fee of ¢-10,000.00 for the Fishing Operations Logbook (pad of 50 sheets), a fee of ¢-5,000.00 for the Set Form (pad of 25 forms), and a fee of ¢-5,000.00 for the Transshipment Form (pad of 50 forms), based on the process cost model involving elements of time, human resources, and materials.
6.- Having read the official letter in question, and having analyzed the fee definition process, the Board of Directors agrees to its implementation. Therefore; THE BOARD OF DIRECTORS OF INCOPESCA AGREES:
1- To establish the obligation to carry at all times, for vessels with medium-scale commercial and advanced commercial licenses, the Fishing Operations Logbook, the Set-by-Set Logbook, and the Transshipment during Fishing Trip Logbook, without prejudice to the obligation to carry the ordinary logbook issued by the Ministry of Public Works and Transport; indicated in Articles 41 and 105, 102 of the Fisheries and Aquaculture Law, as well as in Article 114 of Executive Decree No. 36782-MINAET-MAG-MOPT-TUR-SPS-MTSS and Articles 11 and 2 of Executive Decree No. 34681-MAGMINAE.
(Thus amended the point above by Agreement No. AJDIP/407-2017 of September 29, 2017)
2.- A fee of ¢-10,000.00 is approved for the Fishing Operations Logbook (pad of 50 sheets), a fee of ¢-5,000.00 for each set form (pad of 25 forms), and a fee of ¢-5,000.00 for each transshipment form (pad of 50 forms); according to the proposal submitted by the Tariff Commission of INCOPESCA.
3.- To request the Executive Presidency to undertake all necessary administrative procedures for the due implementation of this agreement.
4. The aforementioned books must be renewed annually together with the fee for their license; otherwise, immediate suspension of the services and benefits derived from the license, permit, or authorization will occur, and administrative proceedings will follow due process leading to the penalty established in Article 152 of the Fisheries and Aquaculture Law.
(Thus added the point above by Agreement No. AJDIP/407-2017 of September 29, 2017)
5. The mandatory compliance with the use and carrying of these books is established as a provision or regulation of a technical nature for conducting fishing operations or tasks, and the non-observance or non-compliance thereof incurs penal liability in accordance with Article 148 of the Fisheries and Aquaculture Law and administrative and civil liability in accordance with Article 116 of the Fisheries and Aquaculture Law.
(Thus added the point above by Agreement No. AJDIP/407-2017 of September 29, 2017)
6.- Agreement is final. It takes effect upon its publication.
(The numbering of the point above was shifted by Agreement No. AJDIP/407-2017 of September 29, 2017, moving it from point 4) to 6))