Having clear the principles delimited by the General Public Administration Law and the Fisheries and Aquaculture Law, regarding scientific activity, the following definitions are deemed appropriate for the purpose of facilitating the applicability, legal hermeneutics, and integration of the present regulations:
3.a. Administrative Authority. It is the institution of the Public Administration designated in accordance with Article IX of the Convention and in conformity with Executive Decree No. 40379-MINAE-MAG, duly published in the Official Gazette La Gaceta, in its Scope No. 96, of Thursday, May 4, 2017.
3.b. Scientific Authority. It is the scientific institution designated by Executive Decree No. 40379-MINAE-MAG, duly published in the Official Gazette La Gaceta, in its Scope No. 96, of Thursday, May 4, 2017, all in accordance with Article IX of the Convention, solely in relation to those species of fishery and aquaculture interest, which are found in Appendices I, II and III of the Convention.
3.c. Appendix I. That which includes all species threatened with extinction that are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation so as not to further endanger their survival and shall be authorized only under exceptional circumstances.
3.d. Appendix II. That which includes: a) All species which, although not necessarily threatened with extinction at present, could become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and, b) Those other species not affected by trade, which must also be subject to regulation in order to permit effective control of trade in the species referred to in subparagraph a) of this paragraph.
3.e. Appendix III. That which includes all species that any Party declares to be subject to regulation within its jurisdiction for the purpose of preventing or restricting their exploitation, and that need the cooperation of other Parties in the control of their trade.
3.f. Convention. "Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)", held in Washington, D.C. on March 3, 1973.
3.g. International trade. Any export, re-export, import, and introduction from the sea, contemplated in foreign trade or customs legislation as such.
3.h. National Trade. Any commercial activity, including among others, sale, purchase, manufacturing, and transportation within the national territory.
3.i. Conference of the Parties. The Conference of the Parties as defined by Article XI of CITES.
3.j. Control at the time of introduction, export, re-export, and transit. The verification of the permits or certificates provided for, including the examination of specimens and, if pertinent, the taking of samples for analysis or a detailed examination.
3.k. Species. For the Scientific Authority of INCOPESCA, a concept referring solely to those species of fishery and aquaculture interest, which are found in Appendices I, II and III of the Convention.
3.l. Specimen. Any animal, living or dead, of a species included in Appendices I, II and III, or any readily identifiable part or derivative.
3.ll. Issuance/Processing. Consists of carrying out all necessary procedures for the preparation, validation, and delivery of a permit or certificate to the applicant.
3.m. Export. Act consisting of removing a specimen from the territory subject to national jurisdiction.
3.n. Primarily Commercial Purposes. Any purpose whose commercial aspects are clearly predominant.
3.ñ. Import. Act consisting of landing, entering, or introducing into any place subject to the jurisdiction of the State, any species included in Appendices I, II and III of the Convention, which has not been caught in national waters, under any customs procedure other than transit and transshipment.
3.o. Introduction from the sea. The transportation into a State of specimens of any species caught in the marine environment outside the jurisdiction of any State, to another State (Resolution Conf. 14.6 (Rev. CoP16)).
3.p. Permit or certificate. Official document used to authorize the import, specimens of species listed in any of the Appendices of the Convention; it shall adhere to the requirements of CITES and the resolutions of the Conference of the Parties. Otherwise, it shall be considered invalid.
3.q. Re-export. The export of any species that has been previously imported.
3.r. CITES Secretariat. The CITES Secretariat as defined in Article XII of the Convention.
3.s. Transit. The transit procedures as defined in current national customs legislation.