Decreto 40548 — Regulation to Wildlife Conservation Law No. 7317

in the entirety of the text - Complete Text of Regulation 40548 Regulation to the Wildlife Conservation Law No. 7317 Complete Text record: 1196F9 No. 40548-MINAE THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ENVIRONMENT AND ENERGY Based on the powers conferred by subsections 3 and 18 of article 140 and article 146 of the Political Constitution; the Law of Ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora No. 5605 of October 30, 1974; article 12 of the Wildlife Conservation Law No. 7317 of October 30, 1992; article 22 of the Biodiversity Law No. 7788 of April 30, 1998; articles 6 subsection d), 27 subsection 1) of the General Law of Public Administration No. 6227 of May 2, 1978; and the Animal Welfare Law No. 7451 of November 16, 1994.

I.That Costa Rica ratified the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through Law No. 5605 of October 30, 1974.

II.That article 50 of the Political Constitution recognizes the right to a healthy and ecologically balanced environment, and this right includes the conservation, use, and sustainable management of biodiversity and the fair and equitable distribution of the benefits derived from it, ensuring the broadest participation of all citizens. Wildlife being an element of biodiversity, which is a priority and substantive matter, its importance is unquestionable, for its intrinsic value and its contributions to achieving a healthy and ecologically balanced environment, as well as its fundamental role in the economy and the development of this country.

III.That article 89 of the Political Constitution establishes as cultural purposes of the Republic the protection of natural beauties, conservation and development of the Nation's historical and artistic heritage, and support for private initiatives for scientific and artistic progress.

IV.That article 140 of the Political Constitution establishes that it falls to the President and the respective Minister to regulate the laws, execute them, and ensure their exact compliance.

V.That article 16 of the General Law of Public Administration establishes that the acts of the Administration must be issued adhering to the univocal rules of science, technique, and elementary principles of justice, logic, or convenience. No. 40548 - MINAE

VI.That the Wildlife Conservation Law of October 30, 1992, aims to establish regulations on wildlife, governing its conservation and management. Article 3 declares the public domain of wild fauna, and article 4 declares the production, management, extraction, and commercialization, industrialization, and use of the genetic material of wild flora and fauna, their parts, products, and by-products, to be of public interest and national heritage, subject to state regulation. This represents a milestone implying that all Costa Ricans have the duty to protect and manage it adequately, ensuring its enjoyment for present and future generations.

VII.That article 12 of the Wildlife Conservation Law empowers the Executive Branch to establish, through the Regulation of this Law, the procedures and requirements necessary for the conservation of continental or insular, aquatic or terrestrial, wildlife throughout the national territory.

VIII. That on March 10, 2005, Executive Decree 32633 was issued, named Regulation to the Wildlife Conservation Law

IX.That through Law 9106 of December 20, 2012, the Wildlife Conservation Law was significantly reformed. This reform was promoted by popular initiative, integrating significant changes in the vision and paradigm of the country regarding wildlife.

X.That due to the significant reform of the Wildlife Conservation Law, it is the obligation of the State and the mandate of the legislator to reform the Regulation indicated above, to adjust it to the new vision and paradigm that the country defined.

XI.That article 2 of the Organic Law of the Ministry of Environment and Energy establishes that the functions of this Ministry are to formulate, plan, and execute the natural resource, energy, mining, and environmental protection policies of the Government of the Republic, as well as the direction, control, oversight, promotion, and development in the mentioned fields.

XII.That article 22 of the Biodiversity Law creates the National System of Conservation Areas (hereinafter SINAC) as a deconcentrated and participatory body that integrates the competencies in forestry, wildlife, protected wild areas, and conservation of the use of hydrographic basins and water systems, with the purpose of dictating policies, planning, and executing processes directed at achieving the sustainability of natural resources.

XIII.That the obligations derived from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified through Law 5605 of October 30, 1974, are exercised by SINAC as the administrative authority, in accordance with article 71 of the Wildlife Conservation Law (LCVS).

XIV.That through resolution 68/205 of December 20, 2013, the UN General Assembly determined to proclaim March 3 as World Wildlife Day, with the objective of raising awareness about the value of wild fauna and flora.

XV.That through resolution 1327-2016, the First Chamber of the Supreme Court of Justice developed the concept of wild fauna as a public domain asset: "Public things are those that, by law, are destined permanently for any service of general utility, and those that everyone can take advantage of because they are delivered for public use. All other things are private and objects of particular property, even if they belong to the State or the Municipalities, who in this case, as civil persons, are no different from any other person." As extracted, the definition of private goods is made in a residual manner, that is, all those that do not present any of the characteristics indicated for public domain assets belong to this category. The constitutional jurisprudence, taking into account what is stipulated by the cited norm, has referred to the goods that make up the public domain in the following terms: "they are those that have a nature and legal regime diverse from private goods—which are governed by property rights under the terms of article 45 of the Political Constitution—insofar as, by express will of the legislator, they are affected by a special purpose of serving the community, that is, the public interest, and for that reason, they cannot be the object of private property, so that they are outside the commerce of men, for which reason, they cannot belong individually to private individuals, nor to the State, in a strict sense, since the latter limits itself to their administration and guardianship. [.] Thus, these are goods whose ownership the State holds in its condition as administrator; it must be understood that these are goods that belong (sic) to the "Nation," with which they form part of the public heritage."

XVI.That in accordance with the Regulation to the Law for the Protection of the Citizen from the Excess of Requirements and Administrative Procedures, Executive Decree No. 37045-MP-MEIC and its reforms, the present proposal complies with the principles of regulatory improvement according to the positive report DMR-DAR-INF-087-17 of July 3, 2017, issued by the Regulatory Analysis Department of the Regulatory Improvement Directorate of MEIC.

THEY DECREE:

"REGULATION TO THE WILDLIFE CONSERVATION LAW NO. 7317, OF OCTOBER 30, 1992, REFORM OF EXECUTIVE DECREE NO. 36515 OF JANUARY 28, 2011, AND OF EXECUTIVE DECREE NO. 32633-MINAE OF MARCH 10, 2005, AND DEROGATION OF EXECUTIVE DECREES NO. 10- MIRENEM OF APRIL 16, 1993 AND NO. 35463-MINAE-MEP OF JUNE 4, 2009"

GENERAL PROVISIONS

Considering:

Therefore,

CHAPTER I

This regulation governs the sustainable use, management, and conservation of wildlife in general, as established in the Wildlife Conservation Law.

Excluded from the scope of this regulation are the exercise of continental and insular fishing and the regulations on Wildlife Refuges, which will be governed as established in Executive Decree 32633-MIINAE. Also excluded are aspects related to the management and conservation of species of fishing or aquaculture interest as established in the LCVS.

This regulation will not apply to forestry species, forest nurseries, reforestation processes, the management and conservation of forests, and agroforestry systems, whose specific regulation is established in the Forest Law No. 7575.

Individuals of exotic ornamental species are excluded from the application of the LCVS and this regulation because they are companion, decorative, or domestic species. The lists of exotic ornamental species will be prepared by SINAC, SENASA, and SFE, and will be publicly accessible through the corresponding institutional websites.

Management sites such as herbaria, natural museums, germplasm banks, strain collections (ceparios), and other ex situ collections, due to the current or potential access to genetic resources, will be regulated by the Biodiversity Law and its regulations.

In this regulation, the following acronyms with their respective meanings will be used:

ASP: Protected wild areas (Áreas silvestres protegidas) CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora CCSS: Costa Rican Social Security Fund (Caja Costarricense del Seguro Social) CMS: Convention on the Conservation of Migratory Species of Wild Animals (acronym for its name in English) CONAC: National Council of Conservation Areas (Consejo Nacional de Áreas de Conservación) CONAGEBIO: National Commission for the Management of Biodiversity (Comisión Nacional para la Gestión de la Biodiversidad) CONARE: National Council of Rectors (Consejo Nacional de Rectores) CONAVIS: National Wildlife Commission (Comisión Nacional de Vida Silvestre) EIA: Environmental Impact Assessment (Evaluación de Impacto Ambiental) IATA: International Air Transport Association (acronym according to its name in English) IMAS: Joint Institute of Social Assistance (Instituto Mixto de Ayuda Social) INDER: National Institute of Rural Development (Instituto Nacional de Desarrollo Rural) LCVS: Wildlife Conservation Law (Ley de Conservación de Vida Silvestre) MAG: Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería) MINAE: Ministry of Environment and Energy RNVS: National Wildlife Refuge (Refugio Nacional de Vida Silvestre) SENASA: National Animal Health Service (Servicio Nacional de Salud Animal) SETENA: National Environmental Technical Secretariat (Secretaría Técnica Nacional Ambiental) SFE: State Phytosanitary Service (Servicio Fitosanitario del Estado) SICERE: Centralized Collection System (Sistema Centralizado de Recaudación) SINAC: National System of Conservation Areas UICN: International Union for Conservation of Nature

The State will guarantee the conservation and sustainable use of wild fauna and flora as part of the natural heritage, with the participation of private individuals and promoting inter-institutional and intersectoral coordination. Public and academic institutions, the private sector, and civil society will participate in the conservation and sustainable use of wildlife, in adherence to current legislation.

Wildlife management will be carried out based on technical and scientific knowledge, and in application of the preventive, precautionary, or in dubio pro natura criteria, and intra- and intergenerational equity. The traditional knowledge associated with the management, sustainable use, and conservation of wildlife will be integrated into decision-making to conserve and protect the knowledge, practices, and social, cultural, and spiritual uses of indigenous peoples.

Any use of wildlife will respect its nature, wild condition, and its welfare, and will avoid its humanization and pet-ification (mascotización).

For the purposes of the application of the LCVS and this regulation, in addition to the definitions contained in articles 1, 2, and 5 of the LCVS, the following shall be understood:

1. Environmental enrichment (Ambientación): process to improve the care of animals in captivity conditions taking into account their biology and natural behavior; it is applied to enclosures in order to provide animals with conditions similar to those of their natural habitat, taking into account size, shape of the enclosure, substrate, accessories, vegetation, among other things. It seeks to improve their quality of life, stimulating their exploratory behavior, natural instincts, and their social life.

2. River mouth (Boca de río): Geographical feature where a river discharges its water flow into another river or another freshwater, brackish, or saltwater body.

3. Falconry (Cetrería): Techniques applied in the management of birds of prey to breed, domesticate, and train these animals to perform activities related to hunting or similar.

The animals are kept in captivity, in direct contact with the human being.

4. Conservation (Conservación): management, use, and preservation of wildlife for present and future generations. This can be ex situ or in situ. It also includes the maintenance and recovery of viable populations of species in their natural environments.

5. Ex situ conservation: Maintenance of wildlife outside of its natural habitat, including collections of biological material.

6. In situ conservation: Maintenance of wildlife within natural ecosystems and habitats. It also includes the maintenance and recovery of viable populations of species in their natural environments; in the case of domesticated or cultivated species, in the environments where they have developed their specific properties.

7. Contaminant (Contaminante): Any substance or material that modifies the physical and chemical characteristics of water, air, or soil.

8. Leather (Cuero): Processed skin of an animal, with added value from tanning, dyeing, and finishing.

9. Derivative (Derivado): Product coming from any part of a wildlife specimen that is obtained through one or several transformations.

10. River outlet (Desembocadura): Site where a river, an estuary (estero), or lagoon flows into the sea or ocean, and whose area of aquatic influence extends to a semicircle with a radius of one kilometer from the center of said mouth.

11. Ecosystem (Ecosistema): Dynamic complex of communities of plants, animals, fungi, microorganisms, and their physical environment, interacting as a functional unit.

12. Rare specimen (Ejemplar raro): individuals of species with very reduced or little-known populations.

13. Unique specimen (Ejemplar único): Any individual of a species of which only the existence of that specimen is known.

14. Enrichment (Enriquecimiento): Process of continuous and dynamic improvement of the environment and care of animals in captivity, according to their behavior and natural history, stimulating the manifestation of natural behaviors typical of the species and increasing their welfare. Enrichment must be designed for each animal or group of animals that coexist in an enclosure.

15. Surrender of a wild animal (Entrega de animal silvestre): action by which a private individual who possesses a wild fauna specimen cedes the animal to the care of another person or authority.

16. Threatened species or species with reduced populations (Especie amenazadas o con poblaciones reducidas): Species or subspecies of wild fauna or flora, or their populations, that are likely to become an endangered species in the foreseeable future, in all of their distribution areas or part of them, if the factors causing their numerical decrease or the degradation of their habitat continue to occur, or very disseminated in wider distribution areas, and are in real or potential possibilities of being subject to a decrease and possible danger of extinction.

17. Domesticated flora species (Especies de flora domesticadas): species of flora in whose evolutionary process humans have influenced to satisfy their own needs.

18. Species of agricultural use (Especies de uso agrario): Domesticated flora species or varieties used in agriculture for food, medicine, or ornament, which are managed as a crop by the human being.

19. Endangered species or species with endangered status (Especie en vías o peligro de extinción): Species of wild fauna or flora with populations reduced to a critical level or whose habitat has been reduced to such a point that it affects their long-term genetic viability, which has been included in the list made official by MINAE or through an administrative resolution (resolución) based on technical criteria, in international red lists, or in international conventions.

20. Exotic species (Especie exótica): Wildlife species whose natural area of geographic dispersal does not correspond to the national territory, and has been introduced into the country as a product of human activities, voluntary or not, as well as by the dispersal activity of the species itself. Exotic ornamental species and exotic species declared as wild by their country of origin are included.

21. Exotic species declared as wild by its country of origin: included within this category are all species included in the CITES Appendices, the species covered by international conventions, and non-ornamental, non-invasive exotic species.

22. Exotic ornamental species (Especie exótica ornamental): exotic species bred or cultivated to keep it under human care for its value and use directed towards the companionship of the human being or the beautification of their environment. Its final destinations are solely exhibition, commercialization, or research.

23. Specimens (Especímenes): organisms, live or dead, their easily identifiable parts or derivatives.

24. Pond or pool (Estanque o pileta): Artificial water deposit of low volume used to simulate natural conditions in the management and maintenance of wildlife in captivity.

25. Estuary (Estero): Land immediate to the riverbank, close to its entrance into the sea and up to where the tidal waters reach. It includes secondary channels, generally surrounded by marshes, natural vegetation such as mangrove, grasses, sedges, and other plants that grow in flooded areas.

26. F1: First generation of specimens born in captivity as a product of the reproduction of organisms originating from the natural environment.

27. F2: Second generation of specimens born in captivity coming from the reproduction in captivity of organisms from the F1.

28. F3: Third generation of specimens born in captivity coming from the reproduction in captivity of organisms from the F2.

29. Reinforcement (Fortalecimiento): release of wild specimens in places where individuals of the same species still inhabit, with the purpose of improving the genetic diversity of populations.

30. Habitat (Hábitat): Place or environment where a specimen or a population naturally exists, in which it can satisfy its requirements.

31. Hybrid (Híbrido): Organism produced by the crossing of two different genera or species.

32. Exotic individuals with native populations (Individuos exóticos con poblaciones nativas): individuals of species that have wild populations within our country, but come from wild or captive populations of other countries.

33. Scientific institutions (Instituciones científicas): Public or private institutions and organizations dedicated to the research and conservation of wildlife, which due to their knowledge can advise SINAC-MINAE in decision-making.

34. Introduction (Introducción): Release of wildlife outside its natural distribution area.

35. Botanical gardens (Jardines botánicos): Flora management site that maintains scientifically systematized, documented, and labeled collections. It may be open to the public for recreational, cultural, educational, and research purposes.

36. Lagoon (Laguna): Natural water deposit, of smaller size and depth than a lake. Its waters can be fresh, brackish, or saltwater. It can be seasonal in character.

37. License (Licencia): Administrative act through which SINAC authorizes an individual or legal entity to carry out a specific activity.

38. Mangrove (Manglar): Ecosystem dominated by groups of pantropical plant species and typically arboreal, shrubby, and associated vegetation, which have morphological, physiological, and reproductive adaptations that allow them to colonize areas subject to tidal exchange.

39. Pet (Mascota): wild fauna specimen, as established in articles 1, 2, and 5 of the LCVS, that has been subjected to a process of pet-ification (mascotización) and domestication by humans. The animal is kept, temporarily or permanently, outside its natural habitat as a species, or it is stimulated to abandon it temporarily. It is in permanent or recurrent contact with humans, depends partially or totally on this relationship for its survival, presents an attitude of closeness towards people with affectionate behaviors, and is treated as an object of affection, companionship, assistance, or recreation. As a consequence of these actions, the animal may present or come to present variations in its diet, behavior, and natural needs, and temporary or permanent loss of behaviors typical of its species.

40. Genetic material (Material genético): Any material from wildlife organisms that contains functional units of heredity.

41. Part (Parte): Portion that comes from a wildlife specimen.

42. Skin (Piel): Unprocessed epidermal tissue obtained from an animal, whose normal treatment is salting, piercing, or similar.

43. Collection plan (Plan de colección): Consists of a list of specimens and species of wildlife at a management site, taking into account their age, sex, reproduction plans, educational objectives, destination of the born specimens, surpluses, and acquisition needs.

44. Management plan (Plan de manejo): Document prepared by a professional in Wildlife Management, which contains the norms, procedures, and protocols that will determine and regulate the actions to be executed at the wildlife management sites according to the objectives of their category established in this regulation.

45. Processing (Procesamiento): Transformation of a wildlife product or by-product for utilization purposes.

46. Re-exportation (Reexportación): exportation of a wildlife specimen or specimens of species included in the CITES appendices, product(s), or by-product(s) that has/have been previously imported.

47. Regent (Regente): Professional with training, experience, and suitability in wildlife management, responsible for the fulfillment of the objectives of the management plan, who will have public faith. They must be registered in the SINAC Regent Registry (Registro de Regencias) and be duly incorporated into the respective professional association, which will give proof of the professional's suitability, experience, and training in wildlife management.

48. Wildlife rescue (Rescate de fauna silvestre): addressing the needs of wild animals whose welfare and survival have been compromised, requiring immediate human intervention to survive.

49. Reinsertion (Reinserción): release into the environment of rescued, confiscated (decomisada), or collected fauna for scientific or academic purposes.

50. Reintroduction (Reintroducción): release of individuals of wild species with the purpose of re-establishing a viable population in an area that was part of its historical geographic distribution but from which they disappeared for various reasons.

51. Non-postage stamp (Sello sin valor postal): Stamp, postage stamp, or the impression of a stamp, without any postal value, issued by SINAC in accordance with article 127 of the LCVS.

52. By-product (Subproducto): That which is derived from a wildlife product.

53. Custody transfer (Traslado de custodia): transferring the legal custody of a wild animal from one management site to another.

54. Translocation (Traslocación): human action of moving wildlife from its natural habitat of origin to another natural habitat similar to the one of origin, under situations of proven risk for the organisms.

55. Botanical varieties (Variedades botánicas): Forms, races, or taxonomic subunits of a plant species.

56. Closed season (Veda): Defined period of time and geographic space in which forms of as a management mechanism that guarantees the conservation of the same.

57. Commercial nursery (Vivero con fines comerciales): Wild flora management sites whose main objective is the reproduction, possession, and sale of plants at a national or international level, maintaining the ideal conditions for planting, germinating, and maturing the plants.

58. Non-commercial nursery (Vivero sin fines comerciales): Wild flora management sites whose main objective is the reproduction, possession, and exhibition of wild flora for self-consumption, recreation, and enjoyment of their owners, maintaining the ideal conditions for planting, germinating, and maturing plants.

59. Commercial zoo (Zoológico con fines comerciales): Fauna management site that complies with what is established in the LCVS for zoos; they will be authorized to legally acquire wild animals for exhibition, provided these are contemplated in the collection plan.

They will not be authorized for reproduction, in accordance with the regulations established by the LCVS and this regulation.

60. Non-commercial sanctuary-type zoos (Zoológicos no comerciales tipo santuarios). Fauna management site that complies with what is established in the LCVS for zoos; they will be authorized to exhibit wild animals that cannot be released due to physical or behavioral problems caused by direct or indirect human actions. They will not be authorized to buy, sell, reproduce, or exchange wild animals.

For the purposes of the LCVS and this Regulation, wildlife is constituted by all species of organisms from all biological kingdoms found in a wild form in terrestrial, aquatic, and marine environments throughout the national territory, in addition to exotic organisms declared as wild by their country of origin. This list may be updated through an Executive Decree.

The taxonomic groups include the following:

| Kingdoms: Eubacteria, Protista, Chromista | | | --- | --- | | Taxonomic Group | Common Name | | Bacteria | Bacteria | | Cyanobacteria | Blue-green algae | | Glaucophyta | Glaucophytes | | Alveolata | Dinoflagellates, sporozoans, ciliates, paramecia | | Excavata | Euglenas, metamonads | | Rhizaria | Radiolarians, foraminiferans, cercozoans | | Amoebozoa | Amoebas | | Choanozoa | Choanozoans | | Haptophyta | Haptophytes | | Ochrophyta | Diatoms, brown algae, chrysophytes, xanthophytes, golden algae | | Cryptophyta | Cryptophytes | | Oomycota | Blights, downy mildews | | Kingdom Plantae | | | Chlorophyta | Green algae | | Rhodophyta | Red algae | | Bryophyta | Non-vascular plants (mosses and liverworts) | | Tracheophyta | Vascular plants (ferns and allies [reproduction by spores] and seed plants [angiosperms and gymnosperms]) | | Kingdom Fungi | | | Chytridiomycota | Fungi | | Zygomycota | Molds | | Ascomycota | Fungi, mushrooms | | Basidiomycota | Fungi, rusts, mushrooms | | Kingdom Animalia | | | Porifera | Sponges | | Cnidaria | Corals, anemones, jellyfish | | Ctenophora | Ctenophores, comb jellies | | Platyhelminthes | Flatworms | | Rotifera | Rotifers | | Nematoda | Roundworms | | Mollusca | Octopuses, squids, shells | | Annelida | Segmented worms | | Arthropoda | Insects, spiders, crustaceans | | Echinodermata | Starfish and sea urchins | | Chordata | Fish, birds, mammals, reptiles, amphibians | Excluded from the set of vascular plants are those that correspond to the concept of "forest tree" and the plants, fungi, and algae of agricultural use, in accordance with what is established in the LCVS.

For the purposes of article 14 of the LCVS and this Regulation, considered wildlife species in danger of extinction, with reduced or threatened populations, are those included in the taxa that will be made official via administrative resolution (resolución administrativa), which will be reviewed by SINAC every four years. Likewise, SINAC, with the support of CONAVIS, will establish the Protocol with the mechanisms and procedures for the review of the lists.

Considered part of these lists are the individuals of those species that are found within the limits of the Costa Rican State and that are included in the CITES appendices, the CMS, and the IUCN Red List. Also those that are incorporated by SINAC-MINAE through an administrative resolution (resolución administrativa) based on technical criteria, which will be published in the Official Gazette (Diario Oficial La Gaceta).

All species of wild fauna are under a permanent closed season (veda) for the exercise of hunting. Only control or subsistence hunting may be authorized in compliance with what is established in the LCVS and this Regulation.

ADMINISTRATIVE ORGANIZATION

CHAPTER II

March 3 of each year is declared a national celebration of World Wildlife Day. Civil society organizations, public and private institutions are urged to carry out awareness-raising activities on the conservation and sustainable use of wildlife, as part of the natural heritage of the country.

For the purposes of the Law and this Regulation, SINAC will have the following functions:

1. Prepare and update the National Wildlife Plan, in accordance with the policies established in the National Biodiversity Policy and its Strategy, the National Development Plan, and institutional planning instruments.

2. Grant the licenses, permits, or authorizations indicated by the LCVS and this regulation.

3. Ensure the correct application and fulfillment of the current legal framework on wildlife.

4. Prepare regulations for control and subsistence hunting, conservation, and sustainable use of wild flora and fauna when applicable.

5. Serve as the country's focal point (administrative authority) before CITES and ensure its correct application and compliance, as established in the LCVS and the scope of this regulation.

6. Prepare and keep updated the National Wildlife Information System.

7. Prepare and review the Protocols established in this regulation.

8. Convene and coordinate the work of the National Wildlife Commission.

9. Prepare educational material that publicizes SINAC's mission, objectives, and programs regarding the conservation and sustainable use of wildlife.

10. Others assigned by CONAC or the Minister of Environment and Energy.

For the purposes of the Law and this Regulation, the Conservation Areas shall have the following functions:

1. Participate in the preparation of institutional programs and projects, and execute them in accordance with established procedures and provisions.

2. Coordinate the execution of activities with other competent agencies.

3. Inform and coordinate with the Executive Secretariat of SINAC regarding the execution of regional-level programs and projects related to wildlife.

4. Grant and supervise use permits and administrative resolutions for the operation of management sites, as well as the issuance of control hunting licenses, wildlife use with or without commercial purposes, and other acts inherent to their management.

5. Participate in rapid ecological assessments and population status assessments of wildlife species and issue corresponding recommendations, in coordination with the Executive Secretariat of SINAC.

6. Order management measures aimed at the protection and sustainable use of endangered species, and promote research on these species in coordination with the Executive Secretariat of SINAC.

7. Review, evaluate, and approve or reject management plans for management sites, and ensure their effective compliance.

8. Promote scientific research on wildlife and the publication of technical-scientific documents, ensuring compliance with national legislation. Research shall be promoted with special emphasis on species requiring appropriate technical management to foster coexistence with human activities, and on population management methods for wildlife with abnormal growth or specific problematic issues, in coordination with the Executive Secretariat of SINAC.

9. Analyze and evaluate the impacts caused by individual specimens of wild fauna on agricultural activities.

10. Carry out formal and non-formal environmental education programs to raise awareness in communities about the appropriate management of wild flora and fauna, in accordance with institutional priorities.

11. Keep the National Wildlife Information System updated, based on the procedures they carry out.

12. Carry out prevention, control, and protection activities, and attend to complaints as appropriate.

13. Ensure the correct compliance with wildlife legislation.

14. Support the Executive Secretariat in corresponding processes.

15. Others assigned by current legislation, the Executive Director of SINAC, CONAC, or the Minister of Environment and Energy.

SINAC must include in its budget, for both the Executive Secretariat and the conservation areas, the necessary amounts for the exercise and effective compliance with the LCVS and this Regulation, including the purchase of wildlife management equipment, feeding of wild animals in its temporary custody, emergency veterinary care, payment for euthanasia application, fuel and per diem for transfers and inspections, specialized training, among others.

For compliance with the provisions of the LCVS, SINAC shall quarterly request from the Wildlife Foundation the necessary quantity of stamps without postal value. This stamp without postal value consists of an embossed white stamp issued by the Wildlife Foundation, with denominations as established in Article 127 of Law No. 7317.

For the purposes of Article 15 of the LCVS, SINAC officials appointed as technicians 1, 2, and 3 and officers 2 according to the Civil Service Manual shall be wildlife inspectors. Additionally, MINAE may appoint ad honorem environmental inspectors and natural resource surveillance committees (comités de vigilancia de los recursos naturales, COVIRENAS) to assist in the application of the law and its regulation, which shall be governed by the provisions of Executive Decree 39833-MINAE.

(As amended by Article 1 of Executive Decree No. 41126 of February 14, 2018)

PROCESSING OF APPLICATIONS AND PERMITS

CHAPTER III

Any application submitted to SINAC must contain:

a. Application form or officially established process for that purpose, with a signature authenticated by a Notary Public, except when the application is submitted in person, in which case the official shall compare the signature with the applicant's identification document and certify this on the document receipt form.

b. If there is no officially established form, the interested party may submit an application document that includes:

1. Indication of the office to which it is addressed.

2. Date and place of the application.

3. If the applicant is a natural person, they must indicate full name, qualifications, identification number, domicile.

4. If the applicant is a legal entity, they must indicate the corporate name, identification number, domicile, full name of the legal representative, qualifications, their identification number, and domicile.

5. Exact location of the property on which the requested activity is intended to be carried out (when applicable).

6. Clear and express indication of what is intended or requested.

7. Indicate the documents accompanying the application.

8. Means for receiving notifications.

c. If the applicant is a foreigner without national identification, they must present a certified copy of their valid passport, or the copy and original to the receiving official, who shall compare the documents upon receipt.

d. If the applicant is a legal entity, they must present a certification of legal status issued no more than three months prior.

e. In the case of recognized occupants of lands under INDER administration, the application must include the final agreement of the Institute's Board of Directors, authorizing the applicant to carry out the activity intended to be developed.

f. When the activity is intended to be carried out by a person other than the property owner, a legally valid document must be submitted demonstrating that the applicant has the express authorization of the owner or sufficient powers to carry out the intended activity, such as a lease contract or a mandate with sufficient power of attorney.

g. Be up-to-date on their obligations as an employer or a certification of non-employer status issued by the CCSS in accordance with Article 74 of the Constitutive Law of the CCSS, No. 17. The SINAC official shall generate the SICERE Certification.

h. Technical document (management plan, population study, technical study, or the applicable one) required for each of the permits, licenses, or authorizations processed before SINAC under the LCVS, when applicable.

i. Original proof of payment for the fees, licenses, permits, concessions, certifications, registrations, or others requested as established in Article 11 of the LCVS, when applicable.

Requests for authorization of subsistence hunting are exempt from submitting these requirements, which shall be governed by Article 41 of this regulation.

SINAC shall resolve applications for obtaining permits and licenses according to their order of receipt and in accordance with Article 296 of the General Public Administration Law.

If the application does not meet the corresponding requirements, the applicant shall be required, only once, to correct the noted defects within a period of ten business days, with the warning that, if they fail to do so, they shall be deemed to have withdrawn their petition, and its immediate filing shall be notified. Any subsequent procedure on the same matter must be processed as a new procedure.

If necessary and only once, the applicant may be required in writing, with stated reasons, to submit those data or supplementary documents that are in their possession or whose obtaining is within their reach and that are essential for processing and responding to the application, within the same period of ten business days indicated above. This requirement shall suspend the period for resolving the application until what is required is completed.

SINAC shall have a maximum period of thirty days to resolve, unless this regulation indicates a different period.

Against the resolution that resolves the rejection or filing of the application, the ordinary appeals for revocation before the same office that issued the act, and for appeal before CONAC, may be filed within a term of 3 business days counted from the moment of its notification.

The permits, licenses, authorizations, or concessions granted under the LCVS and this regulation shall not be transferable. Likewise, they may be reviewed and canceled when it is proven through due process that the LCVS, this regulation, the granted conditions, or the satisfaction of public interest have been breached. Cancellation shall be carried out without any liability to the State.

As it is a public domain asset, and in adherence to the principle of legality, the Administration may authorize only those uses of wild fauna that are expressly regulated by current regulations. The use of wild fauna must be sustainable and satisfy public interest.

For applications for permits, licenses, authorizations, or concessions granted under the LCVS and this regulation, positive silence shall not apply.

SINAC, through the corresponding Conservation Area, may grant concessions for the production, management, extraction, commercialization, and industrialization of wild flora and fauna; their parts, products, and by-products, using the legal procedures established in Articles 4 and 17 of the LCVS, which shall be governed by the provisions in force on this matter, as well as by the following provisions:

a. The concessionaire must annually submit technical reports on the activity being carried out; or within a shorter period when SINAC so requests.

b. The concessionaire shall allow free access to their projects for public officials responsible for enforcing the LCVS and other environmental regulations.

c. SINAC may request the deposit of an economic guarantee by mutual agreement between the parties to ensure compliance with the terms of the concession.

d. If the concessionaire breaches the terms of the concession, or violates the legal framework governing the matter, the concession shall be canceled; in addition, the performance guarantee shall be executed, and the corresponding procedure shall be initiated to collect the damages suffered by the State due to such non-compliance.

e. The awarding of bids shall always be subject to considering the impact on ecosystems, guaranteeing a real and evident economic benefit for the State, and a fair and equitable distribution of the derived benefits.

For the use of genetic material, the provisions of the Biodiversity Law must be complied with.

SINAC shall have up to one month to resolve the application. If the application is rejected, the interested party shall have 15 business days to complete the requested technical recommendations; after this time, the file shall be archived.

NATIONAL WILDLIFE COMMISSION (CONAVIS)

CHAPTER IV

CONAVIS is established with the objective of technically supporting and advising MINAE and SINAC in the conservation and sustainable use of wildlife, as well as for the fair and equitable distribution of the benefits derived from it.

It shall be composed of the following entities:

a. From SINAC, the Wildlife Coordinator and their respective alternate.

b. Two principal representatives and two alternates designated by CONARE.

c. One principal representative and one alternate from the Colegio de Biólogos de Costa Rica.

d. One principal representative and one alternate from the Colegio de Ingenieros Agrónomos.

e. Two principal representatives and two alternates from non-profit non-governmental organizations, with proven experience in wildlife conservation and sustainable use, which shall be elected through a participatory process led by MINAE/SINAC.

The coordination of the Commission shall be under the responsibility of SINAC's Wildlife Coordinator. The support provided by these institutions and organizations to the Costa Rican State shall be on an ad honorem basis.

SINAC shall request in writing the designation of wildlife specialists from the institutions that will form part of the Commission.

For the representatives of non-governmental organizations, SINAC shall issue a call through an announcement on its official website www.sinac.go.cr to invite all those wishing to participate, with 10 business days' notice prior to the meeting date and the necessary details that the candidates must submit. The call shall have the sole purpose of electing their representatives within the Commission.

The appointment of the Commission shall be made via administrative resolution and shall be valid for three years, eligible for reelection for equal periods.

The members of CONAVIS, both principals and alternates, must be professionals with proven experience in wildlife management and conservation, with scientific publications relevant to the subject and a minimum degree of licenciatura. Furthermore, they must not have incompatibilities related to the liberal practice of the profession or conflicts of interest in the matters under analysis by the commission.

CONAVIS shall advise and provide support in the following matters:

a. Identification and application of technical measures necessary for compliance with current national and international wildlife regulations.

b. Technical analysis of positive and negative interactions related to the development of productive activities and wildlife conservation in the country.

c. Identification and application of technical measures for the implementation of the National Biodiversity Policy and Strategy.

d. Preparation of planning, regulatory, or technical instruments for the conservation and sustainable use of wildlife.

e. Application and construction of the necessary methodologies for defining national lists of native species with reduced populations and in danger of extinction.

In addition to the above, CONAVIS shall provide support on those topics for which MINAE/SINAC requests its technical opinion.

CONAVIS shall appoint two permanent working subcommissions, one on fauna and another on flora. It may also appoint temporary subcommissions or working groups to support decisions or processes deemed necessary to achieve the management and conservation of wildlife in the country.

The Fauna Subcommission shall include, in addition to the members of CONAVIS, one principal representative and their respective alternate from the following institutions or organizations:

a. SENASA.

b. Hospital de Especies Menores y Silvestres of the Universidad Nacional.

c. Colegio de Médicos Veterinarios de Costa Rica.

The Flora Subcommission shall include, in addition to the members of CONAVIS, one principal representative and their respective alternate from the following institutions or organizations:

a. State Plant Health Service.

b. Jardín Botánico Lankester.

SINAC shall request in writing the designation of wildlife specialists from the institutions that will form part of the Commission.

IN SITU CONSERVATION AND MANAGEMENT OF WILD FAUNA

INTERACTION AND COEXISTENCE BETWEEN HUMAN ACTIVITIES AND WILD FAUNA

CHAPTER V

SECTION I

SINAC shall develop and promote the preparation of guides, protocols, research, educational campaigns, among others, necessary to foster an appropriate balance between human activities and wild fauna. It may coordinate with institutions, organizations, and individuals in the development of awareness processes on ecological aspects associated with the presence of wild animals in urban or rural areas with productive activities, among others.

SINAC may authorize the management of one or more individuals of wild fauna or exotic species declared as wild by their country of origin that cause proven damage, in accordance with the measures established in Article 22 of the LCVS. To authorize the corresponding management, action shall be taken as established in this Regulation and SINAC's official protocols for this purpose.

For the application of the measures established in Article 22 of the LCVS, an individual affected by alleged damage caused by wild fauna must submit their application in accordance with Article 14, subsections a) to d) of this regulation, as applicable, to the relevant SINAC office. Once the submitted documentation is analyzed, SINAC shall conduct an initial assessment visit according to the procedures established in the Protocol for addressing situations of interaction and coexistence between human activities and wild fauna.

For the verification of damages caused by wild fauna, SINAC's Protocol for addressing situations of interaction and coexistence between human activities and wild fauna shall be applied.

If the application of the Protocol for addressing situations of interaction and coexistence between human activities and wild fauna determines the need for the elimination of the individual or individuals, the interested party or parties must develop the technical-scientific study and an economic cost-benefit evaluation, as established in SINAC's Protocol for the assessment and technical studies of wild fauna populations that cause proven damage.

When involving different interested parties related to the same productive activity, these studies and protocol compliance may be submitted jointly.

The technical-scientific study must be prepared and signed by a professional with training in wildlife management and registered with the respective professional body. The economic cost-benefit evaluation shall be carried out by a professional with training in the field.

SINAC shall analyze the study and relevant population details, with support from the National Wildlife Commission.

Once the requirements are met and the technical analysis indicated above is carried out, SINAC shall issue an administrative resolution accepting or rejecting the request for elimination of the individual or individuals. If this measure is authorized, the resolution shall detail the specific conditions of the permit. The resolution shall be notified to the applicant at the address indicated for such purposes.

For an exotic species to be declared as invasive, SINAC shall conduct a technical-scientific analysis of the species' situation, which shall contain:

a. Status of the species worldwide.

b. Life cycle of the species in its original environment.

c. Behavior.

d. Reproductive potential and abundance of the species at the site where the population invasion is detected.

e. Movement and activity patterns.

f. Potential of the species as a predator, parasite, or pathogen of native species.

g. Potential of the species as a competitor for resources or space with wild species.

h. Potential for hybridization with native wild species.

i. Potential for dispersal from the site of population detection.

j. Possible population control methods for the species.

k. Management experiences of the species in other countries.

l. Potential risk of the species to ecosystems or native wild species.

m. Potential damage to human activities or public health.

SINAC shall determine if there is an imminent or potential risk to ecosystems or native wild species, and shall proceed to issue the declaration of an invasive exotic species via administrative resolution. Once declared as an invasive exotic species, SINAC shall develop an action plan for its technical management based on the protocol for the management of invasive exotic species.

This action plan must be sent for consultation to INCOPESCA, SENASA, or any other institution deemed pertinent, for a period of 15 business days for them to provide their technical observations.

POPULATION CONTROL THROUGH CONTROL HUNTING

SECTION II

SINAC may authorize control hunting when there is technical certainty that wild populations exceed population limits to the detriment of their own species, other wild species, or the stability of the ecosystem that supports them. Control hunting shall only be permitted when it is technically determined that it is the only viable option available.

The interested party in the application of control hunting must submit the corresponding application or form in accordance with the provisions of Article 14 of this Regulation. Additionally, they must present the corresponding technical-scientific study, which must contain the requirements established in the following article.

The technical-scientific study to verify that populations exceed population limits to the detriment of their own species, other wild species, or the stability of the ecosystem that supports them, must be prepared and signed by a professional with training in wildlife management and registered with the professional body.

The costs associated with carrying out the study must be borne by the interested party (ies). The study must contain:

a. A justification for the need for control hunting compared to other control methods.

b. Background of the problem.

c. Study area (political-administrative and cartographic location, type of life zone).

d. Estimates of the population size of the species in question in the affected area.

e. Dimension of the problem (affected area, behavior, biological characteristics, reproductive cycles, migration periods of the species) and the population condition of the species at national, regional, and international levels, interrelationships, the impact the species is causing to the ecosystem or other populations, probable causes of the overpopulation presented by the species in question.

f. Specific comparative data demonstrating overpopulation. This data shall be the basis for determining the problem, management options, and the number of individuals that could be managed.

g. Specific details of the affected area, the wild populations of other impacted species, and damage to the ecosystem must also be included.

h. Proposal for the number of individuals to hunt, hunting methods, time of year where control is most ecologically beneficial, sex, age, methodology to be used for hunting, among others.

i. Work schedule and population monitoring method after control hunting.

SINAC shall analyze the study and relevant population details with support from CONAVIS.

SINAC may request the collaboration of academic institutions for research related to the specific situation of the species.

This study shall be considered the evaluation indicated in Article 26 of the LCVS.

Once the requirements indicated above are met and the provided documentation has been analyzed, SINAC shall issue an administrative resolution accepting or rejecting the opening of control hunting, which must be notified to the applicant at the address indicated for receiving notifications. The resolution shall be substantiated according to technical criteria and current legislation.

The administrative resolution shall contain the specifications or limitations on methods, including the specific conditions authorized, the number of specimens to hunt, authorized weapons for that particular case, authorized dates, permitted sites, hunting methods, number of authorized hunters (who must be registered in accordance with Article 29 of the LCVS), among others.

If the technical results allow for general management of the measure, SINAC shall publish the technical decision made in the official gazette.

For the registration of hunters in the control hunting registry in accordance with Article 29 of the LCVS, the interested party must submit to the respective Conservation Area the requirements established in Article 14 of this regulation, in addition to the following:

a. Two passport-sized photographs of the applicant.

b. Copy of the current firearm carry permit, when applicable.

c. Original proof of payment for the hunter registration fees, deposited in the Wildlife Fund.

Once the requirements are met, SINAC shall have a period of 10 days to register the hunter in the control hunting registry, assigning a unique identification number.

The interested party may carry out the registration process at any time.

Once control hunting is approved through the administrative resolution indicated in Article 35 of this regulation, the interested parties must submit to the respective Conservation Area the requirements established in Article 14 of this regulation, in addition to the following:

a. Original proof of payment for the hunter license fees, deposited in the Wildlife Fund.

b. A pocket notebook with each page numbered, which must be officially stamped by SINAC with the respective seal and shall be used as a logbook for the authorized activity. The date and site of capture, species, number of individuals captured, capture method used, and any other additional information deemed pertinent shall be recorded in the logbook, in order to keep track of the number of individuals captured, according to the corresponding resolution.

Once the interested party meets the established requirements, SINAC shall have 15 days to issue the license, which shall be valid only for the indicated activity.

The license shall contain the authorized hunter's name, identity card number, photograph, validity period, place, date, and authorized species.

The licenses will be issued in accordance with the number of hunters authorized in the administrative resolution, and according to the order of submission of complete applications.

In case of loss of the license, the interested party must submit an affidavit before a Notary Public indicating the loss, request the replacement in writing, and present the original proof of payment of the amount corresponding to its value. SINAC shall have 15 days to issue the new license.

SINAC shall authorize the following methods for control hunting:

a. Firearms: 12 and 16 gauge shotguns, manually operated .22 caliber rifles, and firearms of a caliber greater than 6 millimeters or its equivalence in other measures. Firearms that constitute material for war use under the terms defined by the current Ley de Armas may not be used.

b. Other methods may be authorized when the need is technically determined.

The registration and carrying of firearms shall be governed by the current Ley de Armas and related regulations.

SUBSISTENCE HUNTING

SECTION III

SINAC shall evaluate any application related to subsistence hunting, when the exclusive objective is personal or family consumption to satisfy the food needs of persons in such a socioeconomic condition that they have no access to another source of protein, with commerce being excluded. This authorization shall be granted by means of an administrative resolution establishing the authorized hunting methods, the number of pieces per hunter, and the authorized zones, which must be close to the applicant's domicile.

Subsistence hunting of wildlife with reduced, threatened, or endangered populations shall not be authorized. Subsistence hunting shall not be permitted in protected wild areas.

To apply for authorization to carry out subsistence hunting, the interested party must only submit:

a)Registration form made official by SINAC or submit a written request, with a brief justification of the need to carry out subsistence hunting.
b)A certification issued by IMAS describing the applicant's socioeconomic condition, demonstrating that they have no access to another source of protein.
c)Two passport-sized photographs of the applicant.
d)In the event that subsistence hunting is intended to be carried out on real estate properties belonging to a third party, written permission signed by the registered owner must be obtained.
e)Being up to date on their obligations as an employer or a certification of non-employer issued by the CCSS in accordance with Article 74 of the Ley Constitutiva de la CCSS, No. 17. The SINAC official shall generate the SICERE Certification.

SINAC shall have 15 days to resolve the application by means of an administrative resolution and issuing the corresponding license. The license shall contain the name of the authorized hunter, identification number, photograph, validity period, place, date, and authorized species.

The license shall be issued for a maximum period of one year.

SINAC shall authorize the following methods for subsistence hunting:

b. Other methods may be authorized when the need is technically determined.

The registration and carrying of firearms shall be governed by the current Ley de Armas and related regulations.

WILDLIFE COLLECTION

SECTION IV

Permits for wildlife collection of parental stock for breeding centers (zoocriaderos) shall be granted only when it is demonstrated that no individuals of the species of interest exist in captivity at another authorized management site that can be acquired by the interested party.

Before starting the collection application process from the wild, the applicant must have the Management Plan and the corresponding permits approved for the operation of the site where the collected animals will be kept, if applicable. In addition, the management plan must include the possible needs for new collections of species for the parental stock.

The interested party in carrying out the collection must submit the corresponding application in accordance with the provisions of Article 14 of this Regulation. Additionally, they must submit the corresponding technical-scientific study, which must contain the requirements established in the following article.

Together with the form established by SINAC for these purposes or the written application, the interested party must submit a population study of the species intended to be collected to determine the impact of the collection on the population of the species at the location. The study must be prepared and signed by a professional with training in wildlife management and incorporated into the respective professional association. The cost of the study must be assumed by the interested party.

This study must contain:

a. Introduction b. General and specific objectives c. Justification for the need for wildlife collection.

d. Background of the need for collection e. Study Area (political-administrative and cartographic location, type of life zone) f. Estimates of the population size of the species of interest, in the area where the collection will take place g. Ecological aspects (behavior, biological characteristics, reproductive cycles, migration periods, among others) and the population condition of the species at the national, regional, and international level, interrelationships.

h. Possible impacts of the collection on the ecosystem or other populations i. Mitigation measures for possible impacts.

j. Number of individuals to collect, capture methods, migration periods, time of year when collection is most ecologically beneficial, sex, age, methodology to be used, among others.

k. Work schedule l. Population monitoring method after collection.

m. Recommendations n. Bibliographic references relevant to the species and proposed management.

The respective Conservation Area (Área de Conservación) shall analyze the study and all population details it deems appropriate to authorize or reject the collection by means of an administrative resolution. If it is determined that the population will be put at risk by the collection, the application shall be denied.

If it is determined that the population requires conservation actions involving ex situ reproduction, specific measures coordinated by the State shall be taken.

When the collection is intended to be carried out on endangered species or species with reduced populations, SINAC shall analyze the study with support from CONAVIS, considering eventual relationships with the application and compliance of CITES.

This study shall be considered as the evaluation indicated in Article 26 of the LCVS.

Once the technical study has been analyzed, SINAC shall issue the resolution approving or denying the application for wildlife collection as parental stock for a wildlife management site.

If the application is approved, the resolution shall instruct the interested party that within a ten-day period, they must submit for the issuance of the licenses:

a. Full name, identification number, and two passport-sized photographs of the persons for whom the collection license will be prepared, according to the authorization resolution and the form developed for this purpose.

b. Proof of payment for the wildlife collection license fees as parental stock into the Fondo de Vida Silvestre.

c. Full name of the regent of the management site that will house the parental stock, who shall be responsible for the collection.

d. Submit a schedule with the date or dates of the authorized activity, in order to follow up on the actions implemented for the control or management of wildlife species.

Once the interested party has provided the indicated information, SINAC shall, within a period of 15 days, proceed to issue the collection license. The licenses shall indicate the full name and identification number of the persons who will carry out the collection, as well as the location, period, species, and number of authorized specimens.

Under no circumstances may the collection be carried out within protected areas.

EX SITU CONSERVATION AND MANAGEMENT OF WILDLIFE

USE OF WILDLIFE

CHAPTER VI

SECTION I

Specimens of wildlife may not be subject to rental under any circumstances.

Falconry and similar techniques that involve the captivity and training of wild animals to be used for hunting purposes, shows, or other similar activities shall not be permitted in our country.

For the use of wildlife in advertising campaigns, documentaries, reports, shoots, filming, and other similar activities, the Protocol prepared by SINAC for these purposes must be followed.

Efforts must be made to ensure that the images and messages communicated with the audiovisual materials strengthen respect for wildlife, its needs, and natural behaviors, as well as respect for current regulations and the non-promotion of mascotization and illegal captivity practices.

All audiovisual productions that use wildlife must include the following legend legibly in the credits: "Wildlife must remain in its natural habitat and conditions. Films made in Costa Rica encourage respect for and conservation of wild flora and fauna." The use of images or videos showing people in direct contact with wildlife shall be permitted only in veterinary or technical-scientific procedures necessary for the conservation and well-being of the wild animal, and may only be carried out by qualified technical personnel from the management site. Handling of wildlife by visitors, volunteers, tourists, and the like shall not be permitted. Access to stay and pre-release cages shall be restricted and authorized only to technical personnel.

In the event that it is intended to transport wild specimens outside the management site that holds them in custody to be used in audiovisual activities, the interested party must submit a written permit application to the Conservation Area (Área de Conservación) where the management site that keeps the wild animals in captivity is located. The application must include the transport date, quantity and type of animals, objectives of the audiovisual activity, veterinarian and biologist responsible for management, transport and handling conditions, equipment for handling, time the animal will be away from the management site, among other specifications detailed in the corresponding protocol.

SINAC shall evaluate the application and decide via administrative resolution whether to approve or reject the transport and handling of the animals for the specific activity. Only the transport outside the management site of non-releasable animals of some species from the taxonomic groups birds, reptiles, and amphibians may be authorized, analyzing each case specifically. The granted conditions shall be indicated in the administrative resolution.

The Conservation Area (Área de Conservación) shall have 15 days to resolve the application.

If the permit is granted, the interested party must make the payment of the corresponding amount and present the original proof of payment to the respective Conservation Area (Área de Conservación).

Audiovisual material made by amateurs whose sole purpose is the preservation of a memory and therefore does not pursue commercial or profit-making ends is exempt from the procedure established in this article, although they must respect wildlife, its needs, and natural behaviors, current regulations, and shall not engage in mascotization behaviors.

WILDLIFE EXHIBITIONS

SECTION II

The exhibition of live wildlife is permitted only in zoos or artisanal breeding centers (zoocriaderos artesanales) with restricted management that possess the respective permits.

SINAC may authorize mobile or itinerant exhibitions of taxidermied wild animals, their parts, products, and by-products, with the sole objective of providing environmental education in educational centers of the national educational system. The collection must be registered in the Sistema Nacional de Información sobre Vida Silvestre.

For the authorization of this type of exhibition, the interested party must submit the application in accordance with the provisions of Article 14 of this regulation, together with a proposal for mobile or itinerant exhibitions that includes the following: objective, target group(s), description of thematic axes, type of activity during the exhibition, specimens to be exhibited and unique identification number, design or sketch of the exhibition.

The authorization granted by SINAC is given without prejudice to other requirements that the interested party must fulfill for the holding of the exhibition event before other public or private entities.

The administrative resolution shall determine the specific conditions for holding the exhibition during the events, and shall be granted for a maximum term of three years, extendable for equal periods. The resolution shall authorize the transport of the collection.

REINSERTION OF WILDLIFE

SECTION III

The reinsertion of wildlife may only be carried out by authorized rescue centers. They may also carry out reinsertion of fauna from scientific and academic collection when it is carried out immediately upon capture.

For the reinsertion of wildlife, the respective health and ethological evaluations of the organism or organisms involved shall be requirements, the cost of which must be assumed by the rescue center in charge. Additionally, the transport guide must be requested when the transfer of individuals outside the rescue center's facilities is necessary, in accordance with the provisions of Article 78 of this Regulation.

For the purposes of the provisions of Article 24 of the LCVS, the management plan of the rescue center that carries out reinsertions must contain a release program and a specific action plan by taxonomic group. In addition, it must comply with the official management protocols of SINAC for these sites.

The provisions included in this article shall apply to animals originating from wildlife with more than 72 hours of capture.

For the release of wild animals from their natural habitat with 72 hours or less of capture, health, ethological, and genetic assessments shall not be carried out before their release, unless the animal presents serious injuries or symptoms of illness and requires specialized attention.

The release of animals must be done at a point near the site where the animal was found or within the natural distribution range of the species, which meets the necessary conditions for the survival of the individuals.

The rescue center in charge of the reinsertion shall verify through veterinary certificates that the animals to be released underwent complete physical and laboratory examinations, with the objective of ruling out the presence of potential pathogens that could infect wild populations. These examinations shall be carried out in accordance with the protocols that SINAC establishes for these purposes, shall be recorded in the files maintained by the rescue center, and must be reported to SINAC in the quarterly regency reports.

SINAC, with support from CONAVIS, shall develop national criteria on the genetic status of populations of wild species according to the different taxonomic groups. These indicators shall be considered for decision-making when appropriate.

Based on a substantiated criterion issued by the regent of the site, the rescue center shall verify that the candidates for release come from populations native to the national territory. The specimens must be released in areas of their natural distribution range, which meet all the necessary characteristics for the survival of the individuals. The criterion shall be recorded in the files maintained by the rescue center and must be reported to SINAC in the quarterly regency reports.

SINAC, with the support of CONAVIS, shall develop official protocols by taxonomic groups for carrying out the minimum ethological evaluations.

When a wildlife rescue is conducted by SINAC officials, the risk factors that affected the individual shall be analyzed. In the event of a repetitive situation, SINAC shall coordinate the appropriate preventive measures to avoid new cases.

As these are conservation activities, SINAC may authorize rescue centers the location of pre-release enclosures (recintos de pre-liberación) and release activities, as well as the design of trails for equipment transport and personnel movement in areas under forest cover (cobertura boscosa), causing the least possible impact.

All expenses incurred in these activities must be assumed by the rescue center in charge of the reinsertion. SINAC may enter into cooperation agreements with rescue centers when they support the conservation of priority, threatened, or species with particular interest for management and conservation by the State.

REINTRODUCTION OF WILDLIFE

SECTION IV

For the purposes of the provisions of Article 24 of the LCVS, the reintroduction of wildlife may only be carried out by rescue centers or non-commercial breeding centers (zoocriaderos no comerciales). To this end, the approved management plan must contain a reintroduction program, which must be prepared according to the format established in the official protocols of SINAC. The reintroduction program must contain specific management actions by species, guarantee monitoring, follow-up, and contain indicators to evaluate its success. A technical analysis of the project must be developed using the most recent version of the document "Guidelines for Reintroductions and Other Conservation Translocations" of the IUCN.

The management site in charge of the release shall verify through veterinary certificates that the animals to be released underwent complete physical and laboratory examinations, with the objective of ruling out the presence of potential pathogens that could infect wild populations. These examinations shall be carried out in accordance with the protocols that SINAC establishes for these purposes, shall be recorded in the files maintained by the rescue center, and must be reported to SINAC in the quarterly regency reports.

Based on a substantiated criterion issued by the regent, the management site shall verify that the candidates for release come from populations native to the national territory. The specimens must be released in areas of their natural distribution range, which meet all the necessary characteristics for the survival of the individuals. The criterion shall be recorded in the files maintained by the rescue center, and the reintroduction must be reported to SINAC in the quarterly regency reports.

Once the viable population of the focal species is established, the management site must analyze the success indicators of the project, which will show the results of monitoring, reproduction, among others.

MITIGATION TRANSLOCATIONS AND REINSERTIONS

SECTION V

Within the environmental impact assessment (estudio de impacto ambiental), a wildlife mitigation rescue, translocation, and reinsertion plan shall be included. SETENA shall forward the environmental impact assessment (estudio de impacto ambiental) to SINAC so that it can provide its opinion within a period of one month.

The developer must apply pertinent measures to minimize the impact caused to the populations and individuals of the affected species. The specific procedures at the site of the activity, work, or project shall be carried out by the professionals in wildlife management and veterinary medicine contracted by the permitholder developer for this purpose. The professionals must possess experience in wildlife management and be registered in their respective professional associations.

Mitigation translocations and reinsertions must be coordinated with an authorized rescue center that shall advise on the rescue and release actions for wildlife.

Wild animals that cannot be released immediately must be delivered to the authorized rescue center that is advising the project, for their recovery or rearing. The costs incurred by the authorized rescue center in the management and care of these animals up to post-release follow-up must be agreed upon with the developer.

EUTHANASIA OF WILD ANIMALS

SECTION VI

According to the provisions of Article 23 of the LCVS, euthanasia may only be performed by a veterinary doctor, who must be an active member of the Colegio de Médicos Veterinarios de Costa Rica, or under their direct supervision.

The methods for applying euthanasia must respect the principles of animal welfare, causing the least suffering to the individual. For the application of euthanasia, the veterinarian who applies it or directly supervises the process must follow the official protocols on euthanasia of SINAC.

Every time euthanasia is applied to a wild animal, a record must be prepared containing the technical justification for performing it, the signature of the responsible veterinary doctor and the regent of the site. In addition, it must be recorded in the management site's logbook, and a copy of the record must be sent to SINAC in the quarterly regency reports.

In the event that euthanasia is applied by SENASA to individuals of native wildlife or exotic species declared as wild by their country of origin, according to the regulations governing it, SENASA shall inform SINAC in writing indicating the circumstances of the case.

The products and by-products derived from a specimen subjected to euthanasia may be used by:

a. Higher education institutions for research or teaching purposes b. State museums c. SINAC, for environmental education programs In the event that no institution requires them, disposal shall proceed via burial or incineration, in accordance with good environmental practices.

Based on the previous article, institutions interested in the use of products or by-products derived from a specimen subjected to euthanasia must submit the corresponding complete form to SINAC for its evaluation. This form shall contain the applicant's data, quantity and number of individuals per species, and other details of interest.

SINAC shall issue a resolution authorizing or rejecting the corresponding use. If accepted, it shall also issue the delivery record and register the products or by-products in the Sistema Nacional sobre Información sobre Vida Silvestre.

SINAC shall have 5 days to resolve the application.

When euthanasia must be applied to a wild animal that is in conditions that seriously compromise the animal's health or life, SINAC may coordinate with veterinary clinics in the area for the application of euthanasia. The veterinarian who applies it must follow the official protocols of SINAC for this purpose.

NON-COMMERCIAL REPRODUCTION FOR CONSERVATION PURPOSES

SECTION VII

SINAC may coordinate reproduction programs for conservation purposes with non-commercial breeding centers (zoocriaderos sin fines comerciales), when it is scientifically determined that the population status of one or more species so requires. The objective of this reproduction shall be the release of animals born in captivity or their maintenance as a gene bank.

Reproduction in captivity of endangered or reduced-population species shall only be authorized when it is scientifically demonstrated that this type of management will support the conservation of these species.

TRANSPORT AND TRANSFER OF WILD ANIMALS

SECTION VIII

All transport of wildlife, its products, or by-products requires the authorization of SINAC, for which official transport guides shall be issued and used nationally for this purpose.

The regent of the management site must complete the official transport guide, go to the corresponding Conservation Area (Área de Conservación) to obtain the seals and signatures of the SINAC authority, a procedure that shall be resolved within a maximum period of one business day. In the event of an urgent transfer outside business hours, the regent shall complete the transport guide and issue a certification indicating the circumstances that justify the need for the immediate transfer, documents that must be submitted to the Conservation Area (Área de Conservación) within the following 3 business days.

When the transport is carried out by a SINAC official from one Conservation Area (Área de Conservación) to another, they must immediately present the delivery record to the management site at the Conservation Area (Área de Conservación) where the animal will be kept.

When individuals of wildlife species, products, or by-products are transported for research purposes, the resolution granting the research permit shall indicate the express authorization for the transport of the specimens, therefore the transport guide shall not be required. The permitholder must carry a copy of the permit resolution during the entire journey.

Turtle eggs from the RNVS Ostional management project shall not require the use of official SINAC transport guides. They shall be transported in the official plastic packaging, bearing the logo of the Asociación de Desarrollo Integral de Ostional (ADIO), and with the original commercial invoice issued by ADIO.

Wild butterfly pupae acquired at a captive breeding center (zoocriadero) for commercial purposes and authorized for commercialization within the national territory shall require, for their transport, the purchase invoice indicating the species, number of pupae, and the resolution number authorizing the operation of the captive breeding center (zoocriadero); therefore, a transport guide shall not be necessary.

In the event that individuals of wildlife species, products, or by-products are found being transported without the corresponding authorization, they shall be seized and a complaint shall be filed for alleged violation of Article 95 of the LCVS. SINAC shall assume the technical management of the seized individuals to guarantee their welfare and transfer to a rescue center, or the adequate disposal of the products and by-products.

To transfer a wild animal from one management site (sitio de manejo) to another, the manager (regente) of the management site (sitio de manejo) where the specimen is located must request in writing from the corresponding Conservation Area (Área de Conservación) the authorization for the transfer, demonstrating that they have the acceptance of the manager (regente) of the management site (sitio de manejo) to which the specimen is being sent.

Before resolving the request, the Conservation Area (Área de Conservación) must verify that the site that will receive the specimen meets the requirements of the LVCS and this regulation for its operation, in addition to containing the species within its management plan. To resolve the request, a resolution shall be issued approving or rejecting the transfer. If approved, the resolution shall expressly authorize the transport of the specimen. SINAC shall have a maximum period of 30 days to issue a decision.

WILDLIFE MANAGEMENT SITES (SITIOS DE MANEJO DE FAUNA SILVESTRE)

SECTION IX

SINAC may only authorize the following categories of wildlife management sites (sitios de manejo de fauna), once compliance with the requirements established in the LCVS and this Regulation has been verified:

a. Non-profit rescue centers.

b. Zoos with or without commercial purposes.

c. Captive breeding center (Zoocriadero) with or without commercial purposes.

d. Artisanal captive breeding center (Zoocriadero artesanal) with restricted management of the species indicated in Article 117 or of arthropods according to Article 118 of this regulation.

e. Aquarium

For the purposes of Article 26 of the LCVS, the management plan shall be considered as the evaluation required in said norm. Additionally, the interested party must comply with the regulations on environmental impact assessment (evaluación de impacto ambiental) concerning SETENA when applicable, and Municipal, Ministry of Health, and SENASA permits.

Anyone requesting the registration and operating permit for a wildlife management site (sitio de manejo de fauna silvestre) for any of the categories indicated in the previous article must comply with the requirements established in Article 14 of this Regulation.

Additionally, they must present:

1. Original printed document and a copy in digital format of the management plan prepared by the managing professional (profesional regente).

2. Indication of the full name, ID number, and profession of the manager (regente).

3. Certificate of land use (uso de suelo) issued by the corresponding Municipality.

4. Comply with the provisions of the Colegio de Médicos Veterinarios de Costa Rica regarding the management and advisory roles in animal health at wildlife management sites (sitios de manejo de fauna silvestre). A copy of the corresponding permits issued by that entity must be provided to SINAC as applicable.

Upon presentation of these requirements, SINAC shall have 20 calendar days to review that the application is complete and meets all the requirements established in the LCVS and this Regulation. If the application is incomplete, SINAC must notify the interested party indicating the missing requirements or the necessary additional information, with the warning that if the information is not presented, their petition will be considered withdrawn. The interested party must present the required information within a maximum period of 10 business days or request a duly justified extension of the deadline.

SINAC shall have 45 days to analyze the merits of the application. During the petition study period, an official from the respective Conservation Area (Área de Conservación) shall conduct a site visit to the location where the management site (sitio de manejo) is intended to be established and shall prepare a written report, which shall be integrated into the respective administrative file. If the analysis of the management plan and the site inspection reveals that technical adjustments must be made, the indicated report shall contain the measures and the deadline for implementing them. The report shall be notified to the interested party so that they adopt the indicated measures. The Conservation Area (Área de Conservación) shall conduct a new inspection to determine compliance with the instructions. Full compliance with these measures shall be essential for the approval of the management plan, and non-compliance within the determined period shall be sufficient cause for its rejection.

If the analysis of the management plan and the site inspection reveals that technical adjustments must be made, the indicated report shall contain the measures and the deadline for implementing them; this shall be communicated in writing to the interested party, who must resolve the inconsistencies or adjust the management plan to continue with the process.

Every wildlife management site (sitio de manejo de vida silvestre) must have a management plan prepared by a professional in wildlife management. The Conservation Area (Área de Conservación) shall request the clarifications, additional information, or modifications required regarding this technical document.

The management plan must contain:

a. Cover Page:

1. Project name, name of the owner(s), location, and other contact information if at least one of the following is available: postal box number, telephone number, fax number, email address.

2. Qualifications of the manager (regente) registered with SINAC, including full name, professional association number, telephone number, fax number, email address.

3. Type of management site (sitio de manejo) requested for authorization.

b. Introduction: including background, general and specific objectives.

c. Technical justification of the activity: must be supported by a minimum of 20 technical-scientific bibliographic references, providing sufficient scientific backing for the proposed management plan. The justification must be based on the document "Guidelines on the Use of Ex situ Management for Species Conservation of the Species Survival Commission" of the IUCN, its revisions, and adaptations for the species of interest.

d. Location of the area:

1. Political and administrative location.

2. Geographic location including a cartographic sheet or image with geographic coordinates.

e. Description of the project area: Project site, surrounding communities, biological environment, climate, land-use capacity (capacidad del uso del suelo), and life zone.

f. Biological and ecological description of the wild species to be managed.

g. Site management:

1. Animal feeding: diets according to species, age, condition of the individual, and site objectives. Water supply for the animals.

2. Animal marking: methods by groups and numbering to be used. If physically possible, the official SINAC wildlife marking protocol must be followed.

3. Animal health program: which must be developed and implemented by a veterinarian with experience in wildlife, according to the category of the site. The animal health program must contain, at least, vaccination, veterinary check-ups, and follow-up of official SINAC protocols, among others as applicable. Sites that only manage arthropods are excluded from this requirement.

4. Environmental education program for zoos must include:

i. Justification ii. Objectives and target group iii. Methodology iv. Annual schedule with the activities to be developed.

v. Program evaluation, impact indicators, description of talks, among others vi. Description of community outreach activities (workshops, fairs, among others).

vii. Guided tours.

5. Environmental education program for artisanal captive breeding centers with restricted management (zoocriadero artesanal con manejo restringido) must include:

i. Justification.

ii. Objectives.

iii. Methodology.

iv. Annual schedule with the activities to be developed.

v. Impact indicators, program evaluation, and talk themes.

vi. Description of Community outreach activities (workshops, fairs).

vii. Description of the themes for guided or self-guided tours.

6. Staff training program: must include training on emergency management, biosecurity, induction for new staff, among others, in accordance with official SINAC protocols. Additionally, the site staff regulations must be included.

7. Volunteer programs: requirements for volunteers (including presentation of medical history, physical clinical examinations, immunizations), profile, minimum stay, permitted activities (environmental education, food preparation, enrichment), volunteer recruitment, economic costs to be borne by volunteers, training in biosecurity, emergencies, and the site regulations for volunteers.

8. Program for the development and maintenance of infrastructure. This shall include all processes of construction of new enclosures, maintenance thereof, trails, and other site infrastructure.

9. Enclosure naturalization and enrichment program: schedules, activities, follow-ups, periodic ethograms.

10. Research programs: If the management site (sitio de manejo) plans to conduct research, it must describe in general terms the thematic areas of the research to be carried out, objectives, and possible responsible parties. Prior to conducting the research, the corresponding research permits must be processed before SINAC or CONAGEBIO, as applicable.

11. Description of the origin of the founding stock: Copy of: stamped invoices, purchase permits, capture, delivery, seizures, per individual.

12. Plan for collections from the wild: must process the corresponding permit and comply with the requirements established in this Regulation for this purpose.

13. Plan for the disposal of dead animals. According to this Regulation and the official SINAC protocols.

14. Individual animal records: there must be a physical or digital file with the history of intake, animal health and welfare, management, and final disposition of each individual. Arthropods are exempt from this requirement.

15. Record forms: for all management processes carried out at the site (intake, medical treatments, euthanasia, transfers, releases, sales as applicable).

16. Collection plan for zoos and non-commercial captive breeding centers (zoocriaderos): An analysis of the specimens and species to be kept at the management site (sitio de manejo), their age, sex. It must be updated annually in the month of November, and a copy must be presented to the Conservation Area (Área de Conservación).

17. Carrying capacity for rescue centers: An analysis of the site's carrying capacity, species of interest to receive for release processes.

18. Individuals of species of interest to receive and carrying capacity for zoos and non-commercial captive breeding centers (zoocriaderos): List of species of interest and the quantity intended to be received for permanent captivity or to be included in breeding programs.

It must be updated annually in the month of November.

19. Reproduction plan for non-commercial captive breeding centers (zoocriaderos): species, objectives and justification thereof, reproduction procedures. Plan to maintain the welfare of the parental stock, detailed description of what will be done with the captive-born specimens, and acquisition needs. Measures for the mitigation of genetic erosion.

20. Reproduction plan for commercial captive breeding centers (zoocriaderos): objectives and justification thereof, reproduction procedures. Plan to maintain the welfare of the parental stock, detailed description of what will be done with the captive-born specimens, and acquisition needs. Measures for the mitigation of genetic erosion, prevention of inbreeding in addition to those considered technically and scientifically appropriate.

21. Commercialization program for commercial captive breeding centers (zoocriaderos): profile of potential clients, sales schedule, approximate number of individuals to be sold.

22. Adaptation and compliance with official SINAC protocols as applicable:

i. Intake ii. Quarantine iii. Reproduction iv. Rehabilitation and Readaptation v. Release and monitoring vi. Euthanasia vii. Animal and human biosecurity viii. Contraception in zoos and rescue centers ix. Contingency plan for emergencies, natural disasters, and animal escapes h. Facilities:

1. Scaled sketch of the facilities: Must include all enclosures, cages, infrastructures on the property, and zoning.

2. Enclosure and cage designs: All wildlife management sites (sitios de manejo de vida silvestre) must include the respective designs of enclosures, cages, number of enclosures, size, construction materials, naturalization, and number of specimens per enclosure. Safety measures for wild animals, staff, and visitors must be included. A contingency plan must be included for unforeseen safety and management situations that necessarily require immediate action to reduce the risk and vulnerability of a situation. The infrastructure designs and the materials used in their construction must consider the ecological and ethological requirements of each species. Enclosures must have sufficient space, resting areas for the animals, shaded areas and protection from sun and rain, hiding places, live plants, sufficient feeders and drinkers, and must also comply with the enclosure sizes and requirements established by SINAC in the corresponding protocol for the different taxonomic groups.

i. Safety barriers: Every wildlife management site (sitio de manejo de vida silvestre) must have at least two safety barriers. The first barrier shall be that of the enclosure, which directly contains the individual or individuals. Zoos and artisanal captive breeding centers with restricted management (zoocriaderos artesanales con manejo restringido) must have a second barrier, at least one meter from the first barrier, with the purpose of keeping visitors from touching the first barrier. Perimeter barrier: every wildlife management site (sitio de manejo de fauna) must have a perimeter fence, which must separate the facilities from neighboring lands, serving as a barrier in case of escapes.

ii. Venomous snake species: In the particular case of zoos with venomous snake species, the infrastructure must consider risk situations such as natural disasters, fires, theft, among others, in a manner that guarantees that the animals do not escape or harm humans, wild and domestic animals. Likewise, three safety barriers must be built between the snakes and the visitors.

iii. Devices at drainage and pipe sites: Enclosures must have devices that prevent the escape of animals through drainage sites and pipes.

iv. Cages or enclosures with glass: in the event that there is glass in the cages or enclosures, this must be special safety glass.

v. Arthropod management sites (Sitios de manejo de artrópodos): must have safety doors that prevent the escape of animals during the entry and exit of visitors to the enclosure, and the corresponding biosecurity measures.

vi. Double door and restriction zone: all enclosures must have safety doors that prevent escape when entering the enclosures. Additionally, a restriction zone to contain the animal when necessary for treatments, enclosure maintenance, or naturalization.

3. Food preparation room: must be used exclusively for the preparation of food for the animals, and must be separated from other areas.

Must include the description of the facilities with furniture and their layout. Sites that only manage arthropods are exempt from this requirement.

4. Veterinary clinic: Description of its furniture and equipment. It must be equipped at least for emergency care. Additionally, a description of where veterinary procedures that cannot be performed on-site due to lack of equipment, such as X-rays, ultrasounds, surgeries, among others, will be carried out. Sites that only manage arthropods are exempt from this requirement.

5. Animal quarantine area: description of the facilities, which must be completely separated from the rest of the facilities, divided by taxonomic groups, and have physical and visual separation barriers from other areas. Its main objective is to prevent disease transmission. Must comply with the provisions of the corresponding protocol.

6. Bioterium, orchard, or host plant area, when applicable: Description of the place, species to be used, and general management.

7. Administrative area: Description of the facilities.

i. Blackwater treatment designs: Approved by the Ministry of Health. Attach the written approval.

j. Waste management: Ministry of Health certification approving the solid waste management plan, including bio-infectious and chemical materials.

k. Project viability and financing: all sites must present a pre-feasibility study and financing plan that guarantees viability and ensures compliance with the site's management plan, according to projections for at least five years. Must include possible sources of financing.

l. Personnel: Present a list of personnel intended to be hired for the project, their academic background, experience, ID number, function, working hours, schedule, and organizational chart.

m. Management (Regencia): profession of the manager (regente) and weekly hours to be worked at the site.

n. Internal and external regulations: for site visitation, biosecurity protocols for visitors and other persons who must enter the site as applicable.

o. Tours (for zoos and artisanal captive breeding centers with restricted management (zoocriaderos artesanales con manejo restringido)): routes must be established (access, evacuation, restricted zones) and trails for the visitor to tour the facilities in an orderly, logical manner in accordance with the objectives of the management site (sitio de manejo) and its environmental education plan.

p. Closure plan. This consists of planning the relocation of existing specimens at the establishment in the event of closure. Must include a section with the costs to be incurred due to closure.

q. Annual evaluation and monitoring plan for the management plan.

Once all aspects of the application have been analyzed, SINAC shall issue the resolution approving or denying the operating permit.

If the application is approved, the resolution shall direct the interested party to, within a period of 15 days, present:

a. Copy of the management contract (contrato de regencia) of the competent professional, indicating the working conditions, taking into account the obligations of the manager (regente) according to the chapter on management (regencias) of this Regulation.

b. Provide a logbook (bitácora) or folioed record book, for its formalization by the corresponding Conservation Area (Área de Conservación).

c. Annual operational plan: Operational plan for the first year of operation. Subsequently, it must be submitted annually.

d. Original proof of payment of the management site (sitios de manejo) registration fees to the Fondo de Vida Silvestre.

The permit holder shall have 180 calendar days from the granting of the permit for the authorized wildlife management site (sitio de manejo de vida silvestre) to begin its operation. Once this period has expired without the authorized wildlife management site (sitio de manejo de vida silvestre) commencing operation, the permit shall expire and the file shall be archived in accordance with the provisions of Article 264 of the Ley General de la Administración Pública, without any liability for the State.

Permits for zoos, rescue centers, and captive breeding centers (zoocriaderos) may be granted for the first time for a maximum term of three years.

Renewal of the permit for zoos, commercial and non-commercial captive breeding centers (zoocriaderos), and rescue centers may be granted for a maximum term of 5 years. Renewal of the permit for artisanal captive breeding centers with restricted management (zoocriaderos artesanales con manejo restringido) may be granted for a maximum term of three years.

Every management site (sitio de manejo) shall have a logbook (bitácora) formalized by SINAC. All non-routine activities and incidents of the site related to the management of wildlife species shall be recorded in it by the manager (regente) and the site administrator, as well as the inspections by SINAC officials, with their technical recommendations and the terms for implementing them.

Once the operation of the management site (sitio de manejo) has commenced, officials from the respective Conservation Area (Área de Conservación) shall visit the site at least once per quarter. For each inspection, a visit report shall be prepared reflecting the state of the premises and the recommendations and observations made.

For the renewal of the management site (sitio de manejo) permit, the interested party must submit to SINAC a written request and a report prepared by the manager (regente) on the fulfillment of the management plan objectives, one month before the permit's expiration date.

The report must include the main achievements and evaluation of the processes carried out. For its review, SINAC shall use the Protocol for evaluating compliance with the management plan objectives for zoos, rescue centers, and captive breeding centers (zoocriaderos).

The Conservation Area (Área de Conservación) shall carry out a comprehensive analysis of the site's operation, including the submitted report and the processes developed, compliance with recommendations, orders, and current regulations, among others. In light of the results of the analysis, SINAC shall determine if an update of the management plan is required due to significant changes in the site's objectives, management of wild animals, changes of location or administration, among others. This shall be recorded in the site's administrative file.

SINAC shall have a period of one month to develop the comprehensive analysis report and issue the resolution approving or rejecting the request for renewal of the site's operating permit.

ON SEIZED, RESCUED, OR SURRENDERED WILD ANIMALS

SECTION X

SINAC shall coordinate rescue actions with other State entities and shall define the necessary mechanisms to guarantee that the management of wildlife is carried out with technical-scientific criteria and by personnel trained in wildlife management.

In those cases where a wild animal is seized, rescued, or surrendered and cannot be immediately transferred to a rescue center, SINAC, through the Conservation Areas (Áreas de Conservación), shall keep the animal in its facilities under temporary custody, providing appropriate management, food, and cages. As soon as possible, always guaranteeing the animal's welfare, the specimen must be transferred to a rescue center.

Wildlife specimens must be completely separated from domestic animals and from the transit of people or vehicles, lights during the night, among others. Access to such areas shall be restricted only to the officials responsible for the animal, who must have the necessary equipment and training for appropriate management of the specimen.

Animals seized, rescued, or surrendered to SINAC officials or other State authorities shall be taken, as soon as possible always guaranteeing the animal's welfare, to rescue centers only. The rescue center shall assess the animal and determine the appropriate destination for the individual, depending on its condition and species. In the event that the animal cannot be released or whose species is not included among those authorized to be received according to the rescue center's intake protocol, SINAC officials, with the support of the rescue center, shall seek the appropriate location for the definitive placement of the animal.

A wildlife management site (sitio de manejo de vida silvestre) that is not registered as a rescue center may only receive wild animals surrendered by private individuals for reasons of proven medical emergency and under a temporary intake status. The site's logbook (bitácora) must record the reception of each specimen received, whether as a result of surrender or rescue. The management site (sitio de manejo) must have an animal reception form that shall include, as a minimum, the date and time of the animal's intake, name, ID number, and telephone number of the person surrendering the animal, reason for surrender, detailed origin of the animal, species, and general condition of the individual, signature of the person surrendering it, and two witnesses.

When its health allows, SINAC shall transfer the wild animal to the rescue center that has the possibility of receiving and attending to it to begin the corresponding assessment.

When dealing with individuals originating from wildlife, juvenile animals, neonates, species categorized as endangered, with reduced populations, included in the CITES appendices, or marine species, the site must inform SINAC of the animal's reception within 24 hours following its temporary intake. In the case of other species, the site shall communicate in writing to SINAC the animal's reception within a maximum of 48 hours after the individual's intake.

The final placement of the wild specimen shall depend on the specimen's own condition, whether it is a candidate for release, a candidate to be included in a breeding program for conservation purposes, environmental education, care for humanitarian reasons, or euthanasia. Should the animal not be able to be released, SINAC shall determine if the site that initially received the animal meets the necessary conditions to keep it in permanent captivity, if it is to be transferred to another site, or if euthanasia is to be applied.

The SINAC official shall apply the official seizure, surrender, or rescue protocol for this purpose.

The surrender of wild animals to SINAC officials or other State authorities, whose possession (tenencia) was not authorized by SINAC, does not exempt the offender from any legal responsibilities that may arise. The SINAC official shall file the corresponding administrative and judicial complaints, according to the chapter on administrative orders, the procedure of this regulation, and the LCVS.

RESCUE CENTERS

SECTION XI

Rescue centers are non-profit management sites (sitios de manejo) specialized in the care and rehabilitation of terrestrial or marine wild animals, as applicable, originating from seizures, rescues, or surrenders, whose health or behavioral conditions require attention from specialized professionals, be it medicine, wildlife management, or both. They shall not be authorized for the exhibition or reproduction of wild animals, nor shall they be open to the public.

Registration of this type of establishment shall only be authorized for non-profit legal entities registered with the Public Registry.

Except as indicated in Article 98, rescue centers shall be the only authorized management sites for the reception of seized, rescued, or surrendered wild animals, and shall collaborate with SINAC in this task. SINAC officials shall coordinate directly with the corresponding rescue center regarding support mechanisms for the reception of the animal or other requirements.

Article sheet

Rescue centers may have release sites for individuals located outside the physical facilities of the rescue center, registered and approved by SINAC. The management of wild animals at the release sites and the information related to them shall be included in the management plan (plan de manejo) of the rescue center, which shall be submitted to the Conservation Area (Área de Conservación) of the latter. In the event that the release sites are located in a Conservation Area different from the one where the rescue center is located, the Conservation Area that approves the management plan must communicate the approval and issuance of the permit to the Conservation Area where the release site is located, so that, by territorial competence, it may supervise its operation. The reports generated from this supervision must be forwarded to the Conservation Area where the authorized rescue center is located, and that Area shall retain the decision-making authority over the file (expediente).

Article sheet

SINAC may designate official rescue centers that will work in coordination with the State for the conservation and management of wildlife (fauna silvestre). These sites must develop good practices and apply international standards in their processes.

To receive this designation, interested rescue centers must:

a. Submit a written request to the Secretariat of SINAC.

b. Comply with all the requirements for the operation of the site and the management of fauna established in the LCVS and this regulation.

c. Demonstrate experience in rescue, rehabilitation, and release of wildlife, and its contribution to the conservation and management of wildlife, through scientific publications and participation in projects of national interest.

d. Demonstrate that they have a multidisciplinary team of persons with relevant professional training, experience, and commitment, capable of caring for wild animals in the best manner.

e. Have at least one cooperation agreement in the field with a duly accredited public university, to strengthen academic rigor and scientific support in the processes executed.

f. Demonstrate that they have their own infrastructure and at least 10 years of experience in the care, rehabilitation, and readaptation of wildlife.

g. Demonstrate that the rescue center holds the international accreditation from the Global Federation of Animal Sanctuaries (GFAS).

h. Be current in their obligations as an employer, in accordance with Article 74 of the Constitutive Law of the CCSS No. 17, a situation that will be verified by consulting SICERE.

The Executive Secretariat shall manage with the respective Conservation Area the construction of the file (expediente) for the designation process.

SINAC shall have 30 days to resolve the request. The designation shall be valid for five years, renewable for equal periods. The renewal of the designation may be granted once compliance with the requirements is verified.

Sites designated as Official Rescue Centers may enter into cooperation agreements with SINAC for the reception of economic, technical, and in-kind resources, and the joint presentation of projects seeking funding at the national and international level. The allocation of these resources shall be subject to the current provisions and regulations.

Article sheet

ZOOS (ZOOLÓGICOS)

SECTION XII

In the event that it is technically determined that a wild animal does not meet the conditions for release into the natural environment and is a candidate for exhibition, its permanence in captivity (cauterio) must be used to inform the public about the problems faced by wild populations and their ecosystems, through educational programs associated with zoos.

Article sheet

Zoos are authorized management sites for the exhibition of wildlife, with or without commercial purposes. They may develop conservation, education, exhibition, and research programs. They are not authorized to carry out rescue, reinsertion (reinserción), reintroduction (reintroducción), or reproduction of fauna tasks. These sites must have a contraception plan for the wild animals they manage in captivity, which shall be contained in the management plan (plan de manejo).

Article sheet

Commercial zoos shall be authorized to legally acquire wild animals for exhibition, provided that these are contemplated in the collection plan (plan de colección). To this end, they must maintain records proving the origin of each specimen and request the permits established in this regulation for import and commercialization. These sites shall not be authorized for reproduction.

Article sheet

Non-commercial sanctuary-type zoos may only exhibit wild animals that cannot be released due to physical or behavioral problems caused by direct or indirect human actions. They shall not be authorized to buy, sell, or exchange wild animals.

Article sheet

The environmental education programs of zoos must support the conservation of the species and ecosystems to which the wild animals kept in captivity belong. They must include, among other aspects, everyday actions that visitors can take to help conserve the wildlife of our country.

Article sheet

CAPTIVE BREEDING FACILITIES (ZOOCRIADEROS)

SECTION XIII

SINAC may authorize the establishment of non-commercial captive breeding facilities (zoocriaderos), which shall be dedicated to the reproduction of threatened species or those that require this type of management for population strengthening or reintroduction. They shall not be authorized to commercialize the reproduced animals under any circumstances. The evaluation of the management plan (plan de manejo) for these sites shall be based on the most recent available versions of the documents "Guidelines on the Use of Ex situ Management for Species Conservation of the Species Survival Commission" and "Guidelines for Reintroductions and Other Conservation Translocations" of the IUCN.

Article sheet

SINAC may authorize the establishment of commercial captive breeding facilities (zoocriaderos), which shall be dedicated to the reproduction of species for commercialization.

Article sheet

Once captive breeding facilities establish or increase the parental stock (plantel parental), the regent (regente) shall communicate the situation in writing to the corresponding Conservation Area (Área de Conservación), providing the receipts that prove the legal origin of the wild animals, including the reference to the granted collection permit or the corresponding stamped invoices.

Article sheet

Commercial captive breeding facilities (zoocriaderos comerciales) shall be the authorized management sites for the reproduction and sale of wildlife for other management sites as parental stock (plantel parental), for exhibition in zoos, export for the international market, and for the sale of products and by-products.

When dealing with species declared in danger of extinction, with reduced populations, or included in Appendix I and II of CITES, commercialization may be carried out starting from the third filial generation (F3), according to the site's approved management plan (plan de manejo).

The regent (regente) shall request in writing from the respective Conservation Area (Área de Conservación), the authorization for commercialization of the specimens of interest, products, or by-products, attaching a reasoned criterion containing the genealogical relationships of the animals that are candidates for sale, demonstrating which generation of captivity they belong to. The Conservation Area shall have 30 days to resolve the request.

Under no circumstances shall the sale of live wildlife to be used as pets within the national territory be authorized.

Article sheet

Once the commercial captive breeding facility (zoocriadero comercial) has the authorization for the sale of fauna reproduced on the site, products, or by-products, it may proceed with commercialization.

The management site must issue stamped invoices for each of the commercialized specimens or groups of products or by-products.

In addition, the regent (regente) must include the quantity of animals born and specimens, products, or by-products commercialized in the quarterly regency reports (informes trimestrales de regencia).

Article sheet

Commercial captive breeding facilities (zoocriaderos comerciales) shall be authorized for the sale of meat from the wild species they reproduce, in accordance with the previous articles. They must also comply with the requirements established in national regulations for the commercialization of wildlife meat.

Article sheet

SINAC may authorize the establishment of commercial captive breeding facilities for arthropods, which must comply with everything established in this Regulation for wildlife management sites and commercialization for sale at the national or international level.

At the national level, commercialization shall be authorized only for the establishment of the parental stock (plantel parental) of other management sites, exhibition in zoos, the production of handicrafts, export, and other productive purposes such as the feeding of domestic or wild animals.

(Thus amended by Article 1 of Executive Decree No. 41126 of February 14, 2018) Article sheet

Commercial captive breeding facilities (zoocriaderos comerciales) authorized for the sale of wildlife shall define the maximum commercialization quotas between the administration of the management site and the respective Conservation Area (Área de Conservación). SINAC must take into account the technical criterion of the regent (regente), the inventories, and the inspection reports, assigning by administrative resolution the quota of specimens authorized for trade.

Article sheet

SINAC may authorize only the following species in artisanal captive breeding facilities (zoocriaderos artesanales) with restricted management:

a. Deer (Odocoileus virginianus) b. Tepezcuintes (Cuniculus paca) c. Guatusas (Dasyprocta punctata), d. Iguanas (Iguana iguana) Artisanal captive breeding facilities with restricted management must comply with the provisions established in this Regulation for wildlife management sites.

These sites shall be authorized to commercialize the animals they reproduce only as a supply of parental stock (plantel parental) for other artisanal captive breeding facilities with restricted management, and may engage in subsistence consumption of the animals reproduced on the site. They shall be authorized to receive visitors, as established in the environmental education program of the authorized management plan (plan de manejo).

In the case of academic institutions that register a captive breeding facility (zoocriadero), they must include within the management plan detailed information on the management of the animals during the academic term and vacation periods.

Article sheet

These sites must comply with everything established in this Regulation for wildlife management sites. They may be authorized to reproduce butterflies and other arthropods of various species, as established in the management plan (plan de manejo). They may be authorized to receive guided or self-guided visits, as established in the environmental education program of the management plan. These sites shall be authorized to commercialize the animals they reproduce only as a supply of parental stock (plantel parental) for other artisanal captive breeding facilities with restricted management.

In the case of academic institutions that register a captive breeding facility (zoocriadero) of this type, they must include within the management plan detailed information on the management of the animals during the academic term and vacation periods.

Article sheet

AQUARIUMS (ACUARIOS)

SECTION XIV

SINAC may authorize the establishment of aquariums, which shall be dedicated to the exhibition of wildlife associated with marine or aquatic ecosystems, education, research, and reproduction. These sites may partner with rescue centers to support the rescue, reinsertion (reinserción), reintroduction (reintroducción), or reproduction of marine or aquatic fauna tasks that these centers carry out.

Article sheet

In the event that it is technically determined that a wild marine or aquatic animal does not meet the conditions for release into the natural environment and is a candidate for exhibition, its permanence in captivity (cauterio) must be used to inform the public about the problems faced by wild populations and marine ecosystems, through the educational programs associated with aquariums.

Article sheet

The environmental education programs of aquariums must support the conservation of the marine or aquatic species and ecosystems to which the wild specimens kept in their programs belong. They must include, among other aspects, everyday actions that visitors can take to help conserve the marine or aquatic wildlife of our country.

Article sheet

MARKING OF WILDLIFE (MARCAJE DE FAUNA SILVESTRE)

SECTION XV

All animals that are in captivity must be marked as established in the Official Protocol for Wildlife Marking (Protocolo oficial de marcaje de vida silvestre) of SINAC.

Article sheet

The following methods of marking and identification of wildlife are authorized:

a. Microchip b. When the application of a microchip is not feasible due to the specific condition of the species, the following may be used: i. Rings ii. Tags (Marbetes) iii. Scale notches iv. Any other new method that is authorized complying with animal welfare standards.

The microchip marks, numbering, and other technical details of fauna marking shall be established in the Official Protocol for Wildlife Marking (Protocolo Oficial de Marcaje de Vida Silvestre).

Article sheet

IN SITU WILD FLORA (FLORA SILVESTRE IN SITU)

USE OF WILD FLORA (APROVECHAMIENTO DE FLORA SILVESTRE)

CHAPTER VII

SECTION I

By virtue of the public interest condition of wild flora, the use (aprovechamiento) of wild flora shall be permitted only with the express authorization of SINAC as established in this Regulation.

The collection (colecta) or extraction (extracción) of flora shall be the authorized mechanisms for the use (aprovechamiento) of wild flora. This collection or extraction may be:

a. For commercial purposes b. For non-commercial purposes or for subsistence c. As parental stock (plantel parental) for flora management sites.

When use (aprovechamiento) is authorized, SINAC shall issue the respective collection licenses (licencias de colecta) as established in this Regulation.

Article sheet

The authorized methods for the extraction and collection (colecta) of wild flora are:

a. Pruning. b. Uprooting. c. Partial or total cutting. d. Separation of structures. e. Collection from the ground and products of fallen trees.

Article sheet

In accordance with Article 52 of the LCVS, SINAC may consult authorities and scientific entities, when it deems pertinent, for their criteria regarding the status of populations or the fragility of the sites where extraction of the species is intended. Furthermore, it shall consider this criterion to approve or deny the request.

Article sheet

Within a period of one year from the publication of this Regulation, SINAC, jointly with public universities and other interested parties, shall coordinate the execution of some baseline technical studies to determine the sustainability of the use (aprovechamiento) of the populations of certain flora species defined as usable.

Article sheet

As established in Articles 51, 52, 53, 58, 59 and 60 of the LCVS, SINAC, prior to the express authorization of the registered owner of the property, may authorize the extraction or collection (colecta) on private lands of the following species:

a. Pasture lana (mosses), except white moss and others declared in danger of extinction or with reduced populations. b. Palm leaves, for the construction of roofs on ranchos and handicrafts, of the following species: 1. Suita (Calyptrogyne sp.) 2. Palma real (Attlalea butyracea). 3. Corozo, palmiche or yolillo (Elaeis oleífera) In this type of use (aprovechamiento), the cutting of leaves shall be authorized, provided that the apex plus five leaves protecting it are conserved to guarantee its survival and adequate management. c. Palma Real (Attlalea butyracea) for the extraction of palm heart (palmito) in pastures and open areas or forests subject to forest management plans (planes de manejo forestal). d. Caña brava (Gynerium sagittatum) for the construction of ranchos. e. Palma Coyol (Acrocomia vinífera) for the production of wine according to cultural uses, in pastures and open areas. f. Raicilla (Psichotria ipecacuana) cultivated within secondary forest. g. Bejuco bateita (Amphilophium paniculatum) for the manufacture of handicrafts and basketry only from plants in pastures, open areas, and secondary growths.

In all cases, the applicant must develop the corresponding technical studies as established in Article 132 of this Regulation. Furthermore, a prior inspection by SINAC officials shall be required before the granting of the permit; they shall issue the technical recommendations to guarantee the sustainability of the species, if the use (aprovechamiento) is approved.

For the use (aprovechamiento) of wild flora originating from forest areas subject to management that involves the removal of forest cover (cobertura boscosa), tree-cutting permits in pastures, among other similar activities, SINAC shall assess whether the technical study is appropriate, communicating the criteria in writing to the interested party.

Article sheet

SINAC may authorize the use (aprovechamiento) of Caña Brava (Gynerium sagittatum) in protection areas (áreas de protección) only under the method of partial cutting of the plant, seeking the least impact on the root system and respecting the natural propagation behavior of the plant and the sustainability of the species.

SINAC may authorize the use (aprovechamiento) of fifty percent of the mature canes from each clump when it presents mixed maturation stages.

When the clumps are composed only of mature canes, SINAC may authorize the cutting of up to one hundred percent in management areas defined in blocks.

The use (aprovechamiento) of tender canes is not permitted, nor shall use be authorized while the plant is in the flowering period.

In sites where caña brava serves as a nesting site for birds, SINAC shall authorize use (aprovechamiento) provided that those species are not endangered.

For the authorization of this type of management, the interested party must submit the application before the respective Conservation Area (Área de Conservación) as established in Article 131 of this Regulation.

Article sheet

Use (aprovechamiento) through the reproduction of Raicilla (Psichotria ipecacuana) shall be permitted in areas outside forests, intervened forests, and properly managed natural clearings. In accordance with the exceptions of Article 19 of the Forest Law (Ley Forestal) No. 7575, SINAC may authorize the establishment of nurseries for this species in intervened forests, under the conditions that the Regulation to the Forest Law (Reglamento a la Ley Forestal) establishes for this purpose.

The interested party must register the activity as a commercial nursery and comply with the provisions of the LCVS and this Regulation.

In the case of export, they must comply with the provisions of the LCVS and this regulation.

Article sheet

To request authorization for flora use (aprovechamiento) for commercial purposes or as parental stock (plantel parental) for flora management sites, the interested party must:

1. Submit the requirements established in Article 14 of this Regulation, as applicable, before the respective Conservation Area (Área de Conservación). 2. Copy of the technical study indicated in Article 132, prepared by a duly accredited professional in wildlife management.

Article sheet

To obtain authorization for wild flora use (aprovechamiento) for commercial purposes or as parental stock (plantel parental), the interested party must submit to SINAC a technical study prepared by a duly accredited professional in wild flora management. In addition, the application must comply with the requirements established in Article 14 of this Regulation.

The technical study must contain:

1. Cover page: name of the owner(s), location and other general information, post office box number, telephone number, fax number, email address. 2. Name of the professional, profession, professional license number, telephone number, fax number, email address. 3. Characteristics of the area in question: current use, hydrology, land-use capacity, flora, associated fauna, protection areas (áreas de protección), limiting aspects for the use (aprovechamiento). 4. Census or population sampling of the species in the area to be used and the methodology to be used. 5. Current use or management of the species. 6. Possible impact of the flora use (aprovechamiento) on its population and other associated species. 7. Proposal for the form of extraction and tools to be used. 8. Mitigation measures, if applicable. 9. Proposed schedule of activities for the sustainable use of the resource for a period of at least three years. 10. If the interested party wishes to carry out use (aprovechamientos) on private lands not their own, they must provide a signed letter from the registered owner authorizing the use. 11. Maps and annexes.

Article sheet

Once the technical study has been analyzed, SINAC shall issue the resolution approving or denying the application for commercial use of wild flora (aprovechamiento comercial de flora silvestre) or as parental stock (plantel parental) for a flora management site.

If the application is approved, the resolution shall warn the interested party that within ten days following notification of the resolution, they must submit the following documents for the issuance of the licenses (licencias):

a. Full name and identification number of the persons for whom the license will be prepared, according to the form developed for this purpose. b. Submit the final schedule with the date or dates of the authorized activity, in order to follow up on the actions implemented for the control or management of the wild flora species. c. Two passport-sized photographs of each of the persons authorized for the collection (colecta). d. Original proof of payment for the flora collection license (licencia de colecta de flora) fees to the Wildlife Fund (Fondo de Vida Silvestre). e. In the case of collection (colecta) for parental stock (plantel parental) of a flora management site, the full name of the regent (regente) of the management site that will house the specimens is required. The regent shall be responsible for the collection for parental stock.

Once the interested party has provided the indicated documents, SINAC, within a period of 15 days, shall proceed to issue the collection license (licencia de colecta) to the persons who will carry out the use (aprovechamiento). The licenses shall indicate the full name and identification number of the persons who will carry out the use, as well as the location, period, and authorized species, the authorization resolution number, and the validity of the license.

The validity period of the license shall be indicated in the authorizing resolution and the corresponding license. In no case shall it exceed December 31 of the year of issuance.

In no case may the use (aprovechamiento) be carried out within protected wild areas (áreas silvestres protegidas), except in National Wildlife Refuges (Refugios Nacionales de Vida Silvestre) when their management plan (plan de manejo) authorizes the use.

Article sheet

If the permit holder wishes to continue the wild flora use (aprovechamiento) for commercial purposes or as parental stock (plantel parental) for a flora management site, they must process the renewal or a new permit based on the technical study 30 days before the expiration of the granted license.

To do this, they must submit the application before the respective Conservation Area (Área de Conservación) as established in Article 14 of this regulation. Depending on the species and the recommendations of specialists, the Conservation Area may request a new technical study as established in Article 132 of this regulation or an update thereof.

Within a period of 15 days, the Conservation Area shall determine by administrative resolution whether the renewal of the granted license based on the same technical study or the issuance of a new license is appropriate. In the event that renewal is appropriate, the administrative resolution shall indicate to the interested party that within a period of 10 days they must pay the amount established for the license renewal and submit the original proof of payment. Once the interested party submits the receipt, the Conservation Area shall have 5 days to issue the license renewal.

In the event that the Conservation Area determines that a new license must be issued, the administrative resolution shall notify the interested party that they must submit a new technical study, which shall be processed in accordance with the provisions of Articles 131, 132 and 133 of this regulation.

Article sheet

SINAC may authorize the extraction or collection (colecta) of wild flora without commercial purposes or for subsistence, when it is to satisfy nutritional, medicinal, and other similar needs of persons with scarce economic resources. The necessary requirements for the authorization of flora use (aprovechamiento) without commercial purposes or for subsistence shall be the following:

a. Submit the requirements established in Article 14 of this Regulation, as applicable, before the respective Conservation Area (Área de Conservación). b. Written request with a brief justification of the need for the subsistence extraction or collection (colecta) of wild flora, duly signed by the applicant and indicating a place for notifications, in addition to the approximate amount of the resource they will use. c. Within mixed or state National Wildlife Refuges (Refugios Nacionales de Vida Silvestre), the Administrators thereof may attest to the socioeconomic conditions of the occupants. d. If use (aprovechamientos) is intended on private lands not one's own, a signed letter from the owner authorizing the use must be provided.

The license shall be valid for one year.

Article sheet

Once the application for wild flora use (aprovechamiento) without commercial purposes or for subsistence and issuance of collection licenses (licencias de colecta) has been analyzed, the Conservation Area (Área de Conservación) shall issue the resolution approving or rejecting the use application.

If the application is approved, the resolution shall warn the interested party so that within ten days following notification, they submit the following documents for the issuance of the licenses:

a. Full name and identification number of the persons for whom the license will be prepared, according to the form developed for this purpose.

b. Submit the definitive schedule with the date or dates of the authorized activity, in order to follow up on the actions implemented for the control or management of the wild flora species.

c. Two passport-size photographs of each of the persons who will be authorized for collection.

Once the interested party has provided the indicated information, the Conservation Area (Área de Conservación), within a period of 15 days, shall proceed to issue the collection license to the persons who will carry out the harvesting (aprovechamiento). The licenses shall indicate the full name and identification number of the persons who will carry out the harvesting, as well as the place, period, and authorized species, the authorization resolution number, and the validity of the license.

Under no circumstances may harvesting be carried out within protected areas, except in National Wildlife Refuges when their management plan authorizes the harvesting.

The respective Conservation Area may authorize the harvesting of wild flora, its products, or byproducts, in areas that have forest harvesting permits. The use of live plants may be authorized exclusively as a parental stock or for reproduction in duly registered wild flora management sites. Under no circumstances shall the commercialization of these specimens be authorized.

The interested party must submit to the Conservation Area the requirements established in Article 14 of this Regulation, as applicable.

Within a period of 15 days, the Conservation Area shall issue the administrative resolution approving or rejecting the application. The Conservation Area shall include in the file a copy of the forest harvesting permit that supports the application.

EX SITU WILD FLORA

MARKING OF FLORA

CHAPTER VIII

SECTION I

All specimens of wild flora kept in management sites must have some type of marking, when materially and technically possible. The authorized methods for marking flora shall be tags, labels, or other authorized methods. The numbering and other technical details for marking flora shall be established in the Official Protocol for Wildlife Marking.

The costs incurred in marking flora shall be covered by the permit holder.

SINAC shall determine, via administrative resolution, the type of packaging and control devices to be applied for the trade of harvested wild flora during each period.

TRANSPORT OF WILD FLORA

SECTION II

In the case of the transfer of wild flora, products, or byproducts from one management site to another, the site's operating resolution shall indicate the express authorization for the transfer of the specimens, and therefore the official transport guide shall not be required. The permit holder must carry a copy of the operating permit during the entire journey.

If this is not indicated in the resolution, the regent of the management site must request the transport guide from the corresponding Conservation Area, which must contain:

a. Approval of the regents of both sites.

b. Approval of the respective Conservation Area.

c. Pertinent details providing sufficient information to any authority requesting it during the transfer.

When specimens of wild flora are detected being transported without the official transport guide or the respective permit, the corresponding confiscation (decomiso) shall proceed as established in the LCVS and this regulation, in addition to the respective complaint when applicable. In turn, SINAC shall carry out the technical management of the confiscated flora species to guarantee an appropriate final disposition.

The transport of wild flora declared in danger of extinction by national lists or by international conventions, their products and byproducts, requires authorization from SINAC, for which official transport guides shall be issued for national use.

The interested party must appear before the respective Conservation Area to complete the official transport guide, obtaining the corresponding seals and signatures from the SINAC authority, a procedure that shall be resolved within a maximum period of one business day. This guide shall indicate the species, quantity of specimens, their final destination, and other pertinent details to ensure the required information is provided to any authority requesting it during the transfer.

When a SINAC official is the one transferring wild plants in danger of extinction from one Conservation Area to another, they must immediately inform the destination Conservation Area by delivering a copy of the corresponding official record.

When plants in danger of extinction, products, or byproducts are transported as part of a research project, the research resolution shall indicate the express authorization for the transfer of the specimens, and therefore the official transport guide shall not be required. The permit holder must carry a copy of the research permit during the entire journey.

When specimens of wild flora in danger of extinction are detected being transported without the official transport guide or the respective permit, the corresponding confiscation and the filing of the respective complaint shall proceed as established in the LCVS and this regulation. In turn, SINAC shall carry out the technical management of the confiscated flora species to guarantee an appropriate final disposition.

In the case of purchasing wild flora specimens from an establishment authorized for commercialization, the buyer shall carry the sales invoice during the journey, which must contain the species, number of individuals of each species, and the resolution number authorizing the sale of the plants.

EXHIBITIONS OF WILD FLORA

SECTION III

Wild flora management sites with permanent exhibitions must comply with the provisions of Articles 20 and 21 of the LCVS, and what is indicated for flora management sites in this Regulation.

1. Address and description of the exhibition site 2. Species and quantity to exhibit (lists to be delivered to the Conservation Area corresponding to the exhibition site on the Thursday before the start of the activity) 3. Duration of the activity 4. Name and operating permit number of the management sites from which the specimens to be exhibited originate.

5. Comply with the regulations of the respective Municipality, the Ministry of Health, and SFE.

6. Original proof of payment of the corresponding amount in favor of the National Wildlife Fund (Fondo Nacional de Vida Silvestre) The Conservation Area corresponding to the exhibition site shall verify that the interested party has the official transport guides or the corresponding resolution authorizing the transfer of the specimens.

The plants authorized for exhibition and commercialization must be duly marked, identified, and established in pots or on trunks.

The administrative resolution authorizing the temporary exhibition shall determine the other specific conditions for holding the exhibition.

COMMERCIALIZATION OF WILD FLORA SPECIMENS REPRODUCED IN AUTHORIZED MANAGEMENT SITES

SECTION IV

The sale of wild flora specimens reproduced in nurseries authorized for this purpose shall be authorized in the site's operating permit.

For each sale, a stamped invoice shall be given to the buyer for the acquired specimen or specimens, which shall serve as proof of the legality of the possession and transport of the plant. This invoice must contain the species, number of individuals of each species, and the resolution number authorizing the management site for the sale of the plants.

POSSESSION OF WILD FLORA IN DANGER OF EXTINCTION

SECTION V

The corresponding Conservation Area may authorize the possession of wild flora plants of species categorized as in danger of extinction, for which it shall authorize individuals who wish to keep wild plants under their care for aesthetic and recreational purposes for personal enjoyment. The authorization and registration of the specimens shall be carried out under the collection modality.

The permit holder shall maintain the plants, providing them with ideal conditions for their survival. The plants cannot be commercialized or exhibited publicly. Their acquisition must be done legally.

As indicated in the previous article, the interested party must register their flora collection with the respective Conservation Area. To do so, they must process their application according to Article 14 of this regulation and also comply with the following requirements:

a. Demonstrate that they obtained the wild plants in accordance with current legislation, by presenting the stamped commercial invoice from the site where they were acquired, indicating the resolution number authorizing the sale, when applicable.

b. Submit an inventory signed by a competent professional for taxonomic classification, indicating the quantity and species of plants.

The registration of the collection shall have a validity period of five years, renewable as established in the following article.

For the renewal of the registration of possession of wild flora in danger of extinction under the collection modality, the interested party must submit the application to the Conservation Area in accordance with Article 14 of this regulation 30 days before the expiration of the registration. In addition, they must submit an inventory signed by a competent professional who shall perform the taxonomic classification, indicating the quantity and species of plants. They must provide documents supporting the origin of the plants acquired after the registration of the collection or the last renewal.

The renewal shall have a maximum validity period of five years.

WILD FLORA MANAGEMENT SITES

SECTION VI

SINAC may authorize the following categories of flora management.

a. Botanical garden with or without commercial purposes.

b. Commercial or non-commercial nursery c. Artisanal commercial nursery All management sites shall maintain plants, guaranteeing ideal conditions for their survival.

Botanical gardens may be open to the public for recreational, cultural, educational, and research purposes. They are not authorized for the commercialization of wild flora.

Plants maintained in commercial nurseries and authorized for national commercialization must be duly marked, identified, and established in pots, trunks, or similar containers.

A stamped invoice must be given to the buyer, which shall serve as proof of the legality of the possession and transport of the plant. The sales invoice must indicate the species, number of individuals of each species, and the resolution number authorizing the sale.

For the export of wild flora, the interested party must comply with the provisions of this regulation and the SFE. When dealing with species included in CITES appendices, compliance with the provisions of the Convention and this regulation is additionally required.

Non-commercial nurseries are not authorized for the commercialization of plants. They may be authorized for the exhibition of plants at fairs, exhibitions, or other duly authorized events.

Artisanal commercial nurseries must maintain no more than five hundred wild plants. Plants reproduced at these sites may be commercialized within the national territory. Each plant must be duly marked, identified, and established in pots, trunks, or similar containers. A stamped invoice must be given to the buyer for the specimen or specimens acquired, which shall serve as proof of the legality of the possession and transport of the plant.

For the purposes of Article 26 of the LCVS, the management plan shall be considered as the assessment required in that rule. Additionally, the interested party must comply with the regulations on environmental impact assessment (evaluación de impacto ambiental) concerning SETENA when applicable, and with Municipal permits, and permits from the Ministry of Health and SFE.

Anyone requesting the registration and operating permit for botanical gardens and nurseries for commercial purposes must submit to the corresponding Conservation Area what is established in Article 14 of this Regulation.

In addition, they must:

a. Provide a printed original and a digital copy of the management plan prepared by the professional regent and according to the format established in this Regulation.

b. Indicate the full name, identification number, and profession of the regent c. Provide the land-use certificate (certificado de uso de suelo) issued by the corresponding Municipality When the site intends to export flora species included in the CITES appendices, compliance with the provisions of that Convention and this regulation is additionally required.

Once the interested party submits the management plan, SINAC shall have 20 calendar days to review whether the application is complete and meets all the requirements established in the LCVS and this Regulation. If the application is incomplete, SINAC must prevent the interested party, indicating the missing requirements or the necessary additional information, with the warning that if the information is not submitted, their petition will be considered withdrawn. The interested party must submit the required information within a maximum period of 10 business days.

SINAC shall have 45 days to approve or reject the permit. During the application study period, an official from the respective Conservation Area shall conduct a site visit to the place where the management site is intended to be established and shall prepare a written report, which shall be integrated into the respective administrative file. If the analysis of the management plan and the on-site inspection reveals that technical adjustments must be made, the indicated report shall contain the measures and the deadline for implementing them. The Conservation Area shall conduct a new inspection to determine compliance with the instructions. Full compliance with these measures shall be indispensable for the approval of the permit, and non-compliance within the determined period shall be sufficient cause for its rejection.

Every wild flora management site must have a management plan prepared by a professional in wildlife management, duly incorporated into their professional association. SINAC shall request any clarifications, additional information, or modifications required.

The management plan for botanical gardens and nurseries for commercial purposes must comply with the following format:

a. Cover page:

1. Project name, owner name(s), location, and other general information, postal address, telephone number, fax number, email address.

2. Name of the regent registered with SINAC, profession, professional association number, telephone number, fax number, email address.

3. Type of management site.

b. Introduction: including background, general and specific objectives.

c. Technical justification of the activity: Must be supported by at least 20 technical-scientific bibliographic references, providing sufficient scientific backing for the proposed management plan. In the case of botanical gardens, the justification must be based on the document "IUCN Species Survival Commission Guidelines on the Use of Ex situ Management for Species Conservation," its revisions, and adaptations for the species of interest.

d. Location of the area.

1. Political and administrative location.

2. Geographic location including a cartographic sheet or image with geographic coordinates.

e. Description of the project zone: Project site, surrounding communities, biological environment, climate, land-use capacity, and life zone.

f. Biological and ecological description of the wild species to be managed.

g. Site management:

1. Management of wild flora at the management site (detailed description of the programs and processes carried out at the site) i. Care according to species or taxonomic group (abiotic requirements) ii. Marking methods by groups and numbering to be used; a general logbook must be kept; the individual marking system to be used for each of the different taxa must be indicated.

iii. Description of the origin of the founding stock (copies of purchase permits, delivery, confiscation, or a valid document attesting to this) as applicable.

iv. Plan for collection from the wild (if collection is required), schedule, indication of the collection permit number (if available), number of individuals, location, as established in this Regulation for collection.

v. Collection plan: A list of the specimens and species, their age, acquisition needs. This must be updated in the month of November each year, and a copy must be sent to the National Wildlife Information System (Sistema Nacional de Información sobre Vida Silvestre).

vi. Reproduction plan: species, objectives thereof, definition of what will be done with the specimens.

vii. Environmental education program: objectives, goals, and methodology. Training for staff and volunteers, if applicable.

viii. Tours: In the case of management sites with wild flora exhibitions, the routes (access, evacuation) and trails must be established for visitors to tour the facilities in an orderly and logical manner according to the management site's objectives.

2. Program for the development and maintenance of infrastructure. This program shall include all construction processes for new enclosures, maintenance of enclosures, trails, and other site infrastructure.

3. Research programs: If the management site plans to conduct research, it must describe in general terms the thematic areas of the research to be conducted, objectives, and possible responsible parties. Permits must be processed with SINAC when applicable.

4. Commercialization program (for nurseries for commercial purposes): profile of potential clients, schedule, approximate number of individuals for sale annually. Market segment, commercialization channels, commercialization countries.

5. Contingency plan: in case of emergencies, natural disasters.

h. Facilities:

1. Designs for gardens, nurseries.

2. Quarantine area: with a description of the facilities. This must be completely separated from the rest of the facilities to prevent disease transmission.

3. Reproduction nursery area: Description of the facilities for commercial nurseries.

4. Administrative area: Description of the facilities.

i. Sewage treatment plan and waste management plan: which must have the approval of the Ministry of Health.

j. Personnel: Present a list of the project's personnel, their academic background, identification number, function, working hours, schedule, organizational chart, and other relevant details.

k. Regent's role (Regencia): profession of the regent, weekly hours they will work at the site.

l. Regulations: internal and for public use.

m. Annual operational plan: The management plan must include the plan for the first year of operation; subsequently, one must be submitted each year.

n. Closure plan. This consists of planning for the relocation of the existing specimens at the establishment if it closes. It must also include a section with the approximate costs incurred for the closure.

o. Reproductive stock: When the nursery for commercial purposes or botanical garden requires establishing a reproductive stock from the natural environment, it must include a population study of the species of interest, in order to demonstrate that the extraction will not be detrimental to the species or the ecosystem.

Once all aspects of the application have been analyzed, SINAC shall issue the resolution approving or rejecting the operating permit for the botanical garden or commercial nursery.

If the application is approved, the resolution shall prevent the interested party so that, within the subsequent period of 15 days, they submit the following documents to the respective Conservation Area:

a. Copy of the regency contract of the competent professional, indicating the working conditions, taking into account the obligations of the regent according to the chapter on regencies of this Regulation and the approved management plan.

b. Present the original and copy of the proof of payment for the fidelity or professional liability insurance policy of the Regent, as indicated in Article 21 of the LCVS, or a professional liability insurance policy covering any improper management causing economic losses to the management site.

c. Provide a logbook (bitácora) or bound record book, for its officialization by the corresponding Conservation Area.

d. Annual operational plan: Operational plan for the first year of operation. Subsequently, it must be submitted annually.

e. Original proof of payment for the registration fees for flora management sites to the Wildlife Fund (Fondo de Vida).

Anyone requesting the registration and operating permit for non-commercial nurseries and artisanal commercial nurseries must submit to the corresponding Conservation Area what is established in Article 14 of this Regulation.

In addition, they must:

a. Provide a printed original and a digital copy of the management plan prepared by the professional regent, according to the format established in this article.

b. Indicate the full name, identification number, and profession of the regent c. Provide the land-use certificate issued by the corresponding Municipality The management plan for non-commercial nurseries and artisanal commercial nurseries must comply with the following format:

1. Project name, owner name(s), location, and other general information, postal address, telephone number, fax number, email address.

2. Name of the regent registered with SINAC, profession, professional association number, telephone number, fax number, email address.

3. Objectives of the management site.

4. Design or sketch of the facilities.

5. Methodology: reproduction and management of mother plants, obtaining of parental stock, phytosanitary programs, fertilization, water supply, nursery design, personnel, solid waste and wastewater management, in accordance with applicable legislation and recommendations issued by competent authorities.

6. Inventory of plants at the start of the activity.

Once all aspects of the application have been analyzed, SINAC shall issue the resolution approving or rejecting the operating permit for the non-commercial or artisanal commercial nursery.

If the application is approved, the resolution shall prevent the interested party so that, within the period of 15 days after notification, they submit the following documents to the respective Conservation Area:

b. A logbook or bound record book, for its officialization by the corresponding Conservation Area.

c. Original proof of payment for the registration fees for flora management sites to the Wildlife Fund (Fondo de Vida Silvestre)

The maximum commercialization quotas for nurseries for commercial and artisanal purposes shall be established between the management site administration and SINAC, taking into account the technical opinion of the regent, the inventories, and the inspection reports, assigning a quota of specimens authorized for trade via administrative resolution.

Permits for wild flora management sites may be granted for a maximum period of 5 years. The renewal of the permit may be granted for equal maximum periods.

Every management site shall have a logbook officialized by SINAC. In it, all non-routine activities and incidents of the site related to the management of wild flora species shall be recorded by the regent and the site administrator, as well as inspections by SINAC officials, with their technical recommendations and the terms for implementing them.

For the renewal of the management site permit, the interested party must submit to SINAC, one month before the expiration of the permit, a written application and a report from the regent on the fulfillment of the management plan objectives, including main achievements and an evaluation of the processes carried out.

The Conservation Area shall conduct a comprehensive analysis of the site's operation, including the submitted report and the processes developed, compliance with recommendations, orders, and current regulations, among others. In light of the results of the analysis, SINAC shall establish whether an update to the management plan is necessary due to significant changes in the site's objectives, such as flora management, change of location, or administrative changes.

The result of the comprehensive analysis shall be incorporated into the resolution approving or rejecting the application for renewal of the site's operating permit, which must be issued within a period of 30 days.

EXOTIC ORNAMENTAL AND EXOTIC SPECIES DECLARED AS WILD BY THEIR COUNTRY OF ORIGIN

CHAPTER IX

The activities of reproduction and exhibition of individuals of exotic ornamental species shall not require registration in the SINAC records.

Exotic species declared as wild by their country of origin include the following categories:

a. Species contained in CITES Appendices and protected by international conventions b. Exotic individuals with native populations c. Invasive exotic species d. Non-invasive exotic species: exotic species that are not ornamental and are not included in the previous categories.

The release into the wild of individuals of exotic species of any type is not authorized. This prohibition includes the release of hybrids of wild species.

In the event that the release of exotic species is carried out, the corresponding sanctions shall be applied according to the LCVS, including the assessment of the environmental damage caused by the release and the expenses associated with the management that must be carried out to resolve the generated problem.

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SINAC, with the support of CONAVIS and the Invasive Species Specialist Group of the Convention on Biological Diversity, shall prepare the official lists of invasive exotic species. These species may not be imported or reproduced in the national territory.

These lists shall be reviewed and updated every three years, and their official version shall be available to the public on the official website of MINAE-SINAC.

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IMPORT, EXPORT, REEXPORT, AND TRANSIT OF WILDLIFE SPECIES

CHAPTER X

SECTION I

To apply for import, export, and reexport permits for specimens of wildlife species, the interested party must comply with the provisions of Article 14 and this chapter, paying in all cases the corresponding amount in favor of the National Wildlife Fund (Fondo Nacional de Vida Silvestre). The procedure must be carried out at the Executive Secretariat of SINAC, unless otherwise indicated in this chapter.

SINAC shall have one month to respond to the application for granting export, import, and transit permits for wild species.

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Wildlife specimens may only enter or leave the country through the Juan Santamaría and Daniel Oduber International Airports, the Limón and Caldera Ports, and the Paso Canoas and Peñas Blancas Border Posts.

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All import or export of live animals by air, sea, or land must comply with the regulations established for this purpose by IATA.

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The import of specimens of species that have been identified as invasive, pests, or that represent any danger that could affect native species, the country's natural ecosystems, or human or animal health shall not be authorized. The entry of specimens included in the lists of invasive exotic species shall also not be authorized.

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The import of wildlife fauna and exotic species declared as wild by their country of origin, for keeping or sale as pets, shall not be authorized.

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The import of venomous species may only be authorized for scientific research purposes in higher education projects. The permit-holding institution must import the corresponding antidote at the same time the animal enters the country, and have it available to the competent authority in case it must be used. Import shall not be permitted when no antidote exists, except in the case of research for its production.

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Once the wild animals have been placed at the management site, SINAC shall supervise that all specimens, products, and by-products that entered the country are adequately marked or identified, if physically possible, in accordance with Article 123 of this Regulation. The details of the wildlife marking process shall be established in the corresponding protocol.

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EXOTIC SPECIES DECLARED AS WILD BY THEIR COUNTRY OF ORIGIN AND NOT INCLUDED IN THE CITES APPENDICES

SECTION II

For the purposes of Articles 25 and 26 of the LCVS, SINAC may only authorize the import of specimens of exotic species declared as wild by their country of origin when it concerns:

a)Specimens born or propagated in captivity at a wildlife management site or that come from scientific research permits, provided they do not pose a risk to the country's natural ecosystems or the human population.
b)Products, by-products, and derivatives of species reproduced in captivity, provided they do not represent a danger to native wildlife.
c)Products and by-products of these species that have the corresponding permits from the Ministry of Health, MAG, or any other competent institution.

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SINAC may authorize the import of exotic wildlife fauna specimens for zoos and commercial captive breeding centers (zoocriaderos) for export, which must have the corresponding site operating permit, and whose approved management plan (plan de manejo) includes the keeping of individuals of this type. Under no circumstances may the import of the species indicated in Article 172 be authorized.

The specimens and their offspring may only be commercialized within the national territory among authorized management sites, either for parental stock purposes or for exhibition, and for export. In all cases, written authorization from SINAC shall be required.

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SINAC may authorize the import of exotic wild flora specimens for authorized commercial nurseries for export and domestic commercialization purposes, provided the corresponding SFE permits are obtained. The nurseries must have the corresponding site operating permit and their management plan (plan de manejo) must include the keeping of specimens of this type.

Under no circumstances may the import of the species indicated in Article 172 of this Regulation be authorized.

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SINAC may authorize the import of exotic wild specimens for research purposes only when the research permit resolution includes authorization to receive and maintain species of this type. To apply for the import permit for these species, the interested party must submit to the Executive Secretariat of SINAC the corresponding application and a management plan (plan de manejo) that includes all the corresponding technical details for the care and management of the specimens, in accordance with the guidelines of this Regulation. SINAC shall issue the corresponding resolution.

Under no circumstances may the import of the species indicated in Article 172 of this Regulation be authorized.

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Those applying for a permit to import individuals of exotic species declared as wild by their country of origin according to Articles 177 and 178 of this Regulation must submit the application to the Executive Secretariat of SINAC, as indicated in Article 14 of this regulation, and comply with the following requirements:

a)Submit the resolution issued by SETENA granting environmental viability (viabilidad ambiental) of the EIA, as provided in Article 26 of the LCVS.
b)Certification from the competent wildlife authority in the country of origin, authorizing the export and specifying the origin of the specimens.
c)Comply with the requirements established by SENASA or the SFE.

In the case of imports of specimens of exotic species declared as wild by their country of origin for research outside management sites, the provisions of Article 179 of this regulation must be submitted.

The Executive Secretariat of SINAC shall request the corresponding Conservation Area (Área de Conservación) to certify that the site is registered, in good standing, and that its management plan (plan de manejo) authorizes the management of the individuals to be imported. This shall be recorded in the administrative file of the process, and it shall also verify compliance with the respective MAG regulations.

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The export of wild flora specimens declared as wild by their country of origin and not included in the CITES appendices shall only be authorized when originating from authorized commercial nurseries. To this end, the interested party must submit the application to the respective Conservation Area (Área de Conservación), as indicated in Article 14 of this regulation, and provide the opinion issued by the site's regent (regente) indicating the captive origin of the specimens to be exported.

The Executive Secretariat of SINAC shall issue the administrative resolution approving or rejecting the application within a period of 15 days. If the export is authorized, the resolution shall include the transport permit.

The transport and handling of the flora must be carried out in accordance with the provisions of MAG.

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To apply for the export permit for wild fauna species born at management sites, the interested party must submit the application to the respective Conservation Area (Área de Conservación), as indicated in Article 14 of this regulation, and provide the current report signed by the professional Regent (Regente) of the wildlife management site, clearly indicating the dates of birth, parents, place of birth, and other technical criteria that prove that the individuals to be exported were born in captivity, as applicable, and a reasoned opinion indicating the captive origin of the specimens to be exported.

The corresponding Conservation Area (Área de Conservación) shall forward the application and its approval to the Executive Secretariat of SINAC, which shall issue the permits for the specimens to leave the country, if appropriate, and shall update the record in the National Wildlife Information System (Sistema Nacional de Información sobre Vida Silvestre). The granted permit shall have a maximum validity of 3 months. If the export is authorized, the resolution shall include the transport permit.

The transport and handling of animals by air must be in accordance with the provisions of MAG and IATA.

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To apply for the export permit for wildlife resulting from a collecting license for scientific and academic research purposes, the interested party must submit the application to the Executive Secretariat of SINAC as established in Article 14 of this regulation, also providing a sworn statement that the specimen to be exported will not be commercialized.

SINAC shall conduct the technical consultation with specialists when the assumptions of Article 44 of the LCVS are confirmed.

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CAPTIVE KEEPING AND SALE OF SPECIMENS OF EXOTIC SPECIES DECLARED AS WILD BY THEIR COUNTRY OF ORIGIN

SECTION III

SINAC may authorize the captive keeping of specimens of exotic fauna species declared as wild by their country of origin only at management sites authorized for such purposes.

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Commercial captive breeding centers (zoocriaderos) for exotic organisms declared as wild by their country of origin shall be the management sites authorized for the sale or trade of this type of organism. These establishments must have the corresponding permits and requirements before SINAC and be registered in the National Wildlife Information System (Sistema Nacional de Información sobre Vida Silvestre).

The commercialization of specimens of exotic organisms declared as wild by their country of origin as pets within the national territory shall not be authorized. The commercialization of exotic fauna declared as wild by their country of origin, carried out by the corresponding captive breeding centers (zoocriaderos), shall be authorized between management sites or for export.

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THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)

SECTION IV

The provisions of Articles 71, 72, 73, 74, and 75 of the LCVS shall be governed by the provisions of Executive Decree N°39489-MINAE.

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The current resolutions of the CITES Conference of the Parties shall be binding for the country, with the objective of complying with the commitments made by the country within the framework of the Convention.

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In order to comply with the provisions of CITES Resolution Conf. 12.3 (Rev. CoP17), customs officials of the Ministry of Finance, SENASA, and SFE who are accredited and stationed at the country's points of entry and exit are designated as CITES Wildlife Inspectors, within the framework of their competencies.

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SINAC may authorize the import of fauna species included in the CITES appendices for zoos or captive breeding centers (zoocriaderos) that are authorized in their operating permit to receive and maintain individuals of species of this type. The site's management plan (plan de manejo) must contain all the corresponding technical details for their care and management.

Captive breeding centers (zoocriaderos) may commercialize individuals born in captivity of those species only under the following circumstances:

a. Within the national territory between management sites, either as parental stock or for exhibition at a management site authorized for that purpose. Written authorization from SINAC shall be required for this.

b. For export. The captive breeding center (zoocriadero) must be registered under the commercial category and comply with all requirements established in CITES, the LCVS, and this Regulation.

In addition, the corresponding export permit must be obtained.

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SINAC may authorize the import of flora species included in the CITES appendices for nurseries that are authorized in their operating permit to receive and maintain individuals of species of this type. The site's management plan (plan de manejo) must contain all the corresponding technical details for their management.

The specimens may be commercialized domestically and exported, complying with all requirements established in CITES, the LCVS, and this Regulation.

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For the purposes of Articles 25 and 26 of the LCVS, SINAC may authorize the import of exotic wildlife specimens when it concerns:

a)Species included in the CITES appendices that were born in captivity at a wildlife management site, or those specimens originating from scientific research permits, when they do not pose a risk to the country's natural ecosystems or the human population.
b)Products, by-products, and derivatives of species included in the CITES appendices that were reproduced in captivity, when they do not represent a danger to wildlife.
c)Parts, products, and by-products of species included in the CITES Appendices that are not included in the previous categories.

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SINAC may authorize the import of wildlife species included in the CITES appendices only when they do not represent a risk to the country's natural ecosystems or the human population. To this end, the interested party must submit the application to the Executive Secretariat of SINAC as established in Article 14 of this regulation. Furthermore, they must comply with the following requirements:

a)Comply with the provisions of Article 26 of the LCVS, regarding the EIA approved by SETENA.
b)Once the provisions of Article 26 of the LCVS are approved, they must present the export permits from the country of origin.
c)Comply with the provisions of CITES.
d)Certification or permit from the respective authority of the country of origin, authorizing the export.

Once these requirements are met, the CITES Administrative Authority shall request the opinion from the corresponding CITES Scientific Authority.

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Every wild specimen of species included in CITES appendices that transits through the national territory must have the corresponding permit issued by the Administrative Authority. To this end, the interested party must submit the application to the Executive Secretariat of SINAC as established in Article 14 and comply with the provisions of the LCVS and this regulation for the import of wildlife, except for the EIA contemplated in Article 26 of the LCVS, from which it shall be exempt. Furthermore, it must have the sanitary certificates issued by MAG, the permits from the General Directorate of Customs, and those issued by the CITES Administrative Authority of the country of origin.

The Administrative Authority shall issue the corresponding permit within a period of 15 days, indicating its validity, which shall be a maximum of one month.

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To apply for the export permit for wildlife species included in the CITES appendices, the interested party must appear before the Executive Secretariat of SINAC as established in Article 14, and comply with the following requirements:

a)Comply with the provisions of Article 26 of the LCVS, regarding the EIA approved by SETENA.
b)When applying for an export permit for species included in CITES Appendix I, a copy of the CITES permit from the country of destination or a note from the CITES Administrative Authority of the country of destination expressing its conformity with the import shall be required. If the specimens originate from a captive breeding center (zoocriadero), the site must be registered with the CITES Secretariat as provided in the Convention.
c)Opinion issued by the Professional Regent (Profesional Regente) of the site, indicating the specimen's date of birth, parents, and other technical criteria demonstrating that the individuals to be exported were born in captivity and to which filial generation they belong.
d)When the specimens originate from an authorized sale as provided in this regulation, a certification indicating the origin must be presented.
e)Comply with the provisions established by CITES for the export of specimens.

Once these requirements are submitted, the Administrative Authority shall request the opinion from the corresponding CITES Scientific Authority.

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All imports of wild specimens intended for reexport within a period of less than one month from entry into the country must have the corresponding permit issued by SINAC.

To this end, the interested party must present the following requirements to the Administrative Authority:

a)Complete the form established by SINAC.
b)Copy of CITES permits demonstrating the legal exit of the specimens, products, or by-products from the country of origin.

The interested party does not need to request environmental viability (viabilidad ambiental) of the EIA from SETENA, as provided in Article 26 of the LCVS.

In addition to the above, the interested party must have the sanitary certificates issued by MAG, the permits from the General Directorate of Customs, and the permits from the Authority of the country of origin, copies of which shall be kept in SINAC's reexport file.

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NATIONAL WILDLIFE INFORMATION SYSTEM

CHAPTER XI

The National Wildlife Information System (Sistema Nacional de Información sobre Vida Silvestre), established in Article 19 of the LCVS as the "National Wildlife Registry", shall be developed as a public virtual platform, easily accessible and updated, which shall contain all information for the registration and control of wildlife and shall be administered by SINAC.

The system shall contain the information of the National Wildlife Registry established in Article 19 of the LCVS.

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It shall be composed of the following types of registries:

a)Wildlife management sites.
b)Registration and control of wildlife in the hands of private individuals.
c)Control hunters (Cazadores de control).
d)Control hunting and fishing licenses.
e)Wildlife extraction and collecting.
f)Taxidermists, hide preparers, and other similar procedures with wildlife.
g)Professional regents (Profesionales regentes).
h)Research permits.
i)Wildlife importers and exporters.
j)Importers and exporters of CITES species.
k)Imports, exports, and reexports of wildlife (including species contained in the CITES appendices).

In all cases, the status of each of the permits or registrations shall be recorded, indicating whether it is active or inactive. The status of each procedure must be kept updated.

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Each Conservation Area (Área de Conservación) and the Executive Secretariat must enter the registries into the National Wildlife Information System (Sistema Nacional de Información sobre Vida Silvestre) for the procedures they carry out, as indicated in the previous article.

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Natural or legal persons, public or private, engaged in taxidermy and the processing of wildlife fauna remains, their products, and by-products, must register with the Executive Secretariat of SINAC, for which they must comply with the following requirements:

a)Corresponding form.
b)Logbook (bitácora) duly foliated to be formalized by SINAC.
c)Original proof of payment for registration. Public universities and state museums are exempt from payment.

The Executive Secretariat of SINAC shall resolve the registration within a period of 15 days.

Registered persons must submit a semi-annual report of all specimens processed or handled during that period to the Executive Secretariat, with information on the origin, description of the specimen, data on the license or permit certifying the origin of the specimen, and the process used.

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REGENCY (REGENCIA)

CHAPTER XII

According to the provisions of Article 21 of the LCVS, all wildlife management sites must have the services of a regent (regente) dedicated to the preparation and execution of the corresponding management plan (plan de manejo), who must comply with the provisions of the LCVS and this Regulation.

Every management site must immediately report the start of work or change of regent (regente) to the respective Conservation Area (Área de Conservación).

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The regent (regente) must have proven training, experience, and suitability in wildlife management in order to practice regency (regencia), aspects that shall be certified before SINAC by the corresponding professional association (Colegio profesional).

Professionals in the fields of biology, wildlife management, natural resource management, forestry, and agronomy may act as regents (regentes) for wildlife management sites.

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The regent (regente) shall have the following functions and responsibilities:

a. Prepare and execute the authorized management plan (plan de manejo) of the site, ensuring full compliance with its objectives.

b. Be responsible for the faithful compliance with the application of the LCVS, this regulation, related laws, and any other legal norm on conservation and sustainable use of wildlife at the management site under their regency (regencia).

c. Ensure faithful compliance with ethical and technical standards in the execution of the management plans (planes de manejo) approved by SINAC.

d. Verify that the establishment complies with the different official SINAC protocols on wildlife matters, in addition to those established in the authorized management plan (plan de manejo).

e. At wildlife fauna management sites, they must support the Veterinary Doctor in the fulfillment of the site's animal health plan and quarantine programs, when applicable.

f. At wildlife flora management sites, they must support the phytosanitary recommendations indicated by the competent professional.

g. Recommend justified modifications required by the approved management plan (plan de manejo), for the purpose of adapting it to new reproduction, propagation (in flora), or management techniques, in addition to the additions or expansions requested, according to the category of the management site.

h. Submit the quarterly technical reports and corresponding certifications or opinions on the operation of the management site, as well as any additional reports requested by SINAC, in the presentation format specified in Article 206 of this Regulation.

i. Must submit an annual report on the fulfillment of the management plan (plan de manejo), which shall be delivered to the respective Conservation Area (Área de Conservación) in January of each year. The report must indicate which objectives have been met and which have not, and state the reasons for non-compliance. Furthermore, it must be consistent with the quarterly regency (regencia) reports submitted to SINAC.

j. Ensure that employees involved in wildlife management are adequately trained, equipped, and vaccinated to prevent zoonosis and accidents with wildlife, when applicable.

k. Issue certifications of origin for specimens born in captivity at the site under their regency (regencia), for trade between management sites or international trade.

l. Immediately report any anomaly occurring at the wildlife management site to the competent judicial or administrative authority. In the event that the report is filed with an institution other than SINAC, the situation must be communicated to the Conservation Area (Área de Conservación). All reported situations and filed reports must be included in the regency (regencia) report and the site's logbook (bitácora).

m. Fill out the establishment's logbook (bitácora), recording the notable events of the site, as well as recommendations for the management of wildlife under their responsibility.

n. Immediately notify in writing the corresponding Conservation Area (Área de Conservación) upon cessation of work at a management site.

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To register as a regent (regente) in wildlife management, the interested party must appear before the Executive Secretariat of SINAC, complying with Article 14 of this regulation and the following requirements:

a. Certificate of completion of the regency (regencia) course for wildlife management sites according to the category of sites intended to be managed, issued by the respective professional association (Colegio profesional).

b. Certification of registration with the corresponding professional association (Colegio Profesional), issued no more than 3 months prior, indicating that they are registered and without limitations for professional practice as a regent (regente).

c. Certification issued by the professional association (Colegio Profesional), issued no more than 3 months prior, accrediting the interested party as having the training, experience, and suitability to practice regency (regencia) in wildlife management.

d. Copy of the satisfactory fidelity or professional liability insurance policy, in accordance with Article 21 of the LCVS.

e. Original proof of payment for the registration fees deposited in the Wildlife Fund (Fondo de Vida Silvestre), for the concept of inclusion in the regents' register.

Every regent must renew their registration annually with the regent registry, for which they must submit:

a. Corresponding application form b. Certification of registration with the respective Professional Association (Colegio Profesional) issued no more than 3 months prior, indicating that they are registered and without limitations for professional practice as a regent.

c. Copy of the satisfactory surety or professional liability insurance policy, in accordance with Article 21 of the LCVS.

d. Proof of payment for the registration fees deposited in the Wildlife Fund (Fondo de Vida Silvestre), for the concept of renewal of registration in the regents' register.

Once the registration has expired, SINAC will proceed to exclude the regent from the registry. The interested party must submit the requirements indicated in the previous article again for their registration.

Any regency relationship that includes schedules and fees shall be freely negotiated between the parties. The corresponding Professional Association (Colegio Profesional) shall establish the minimum fees that its members must charge.

The regency report must be submitted every three months to the respective Conservation Area (Área de Conservación), and must contain:

a. General information: type of establishment, resolution number granting the operating permit, name of the owner or legal representative, identification number or legal identification number as applicable, telephone, fax, email, exact address of the site, name of the regent, profession, association membership number, regency number, email, telephone, quarterly period, dates of the regent's visits.

b. The information must be structured according to what is recorded in the logbook.

c. Facilities and environmental conditions: include current status, improvements made, cleaning, disinfection and maintenance, anomalies that could have affected the proper functioning of the establishment and its activities.

d. Management: number of specimens per species present in the establishment, new individuals admitted from confiscations (decomisos), rescues, or surrenders, individuals released, number of new individuals from births, survival, deaths and commercialization, changes in food supply or diets implemented, management to avoid predators, number of collections made and number of specimens collected, all of the above as applicable to the management site (sitio de manejo).

e. A chapter on the general health status and well-being of the specimens, pest control, diseases, sanitary treatments, disease combat. This must be prepared and signed by the Veterinarian for wildlife management sites (sitios de manejo de fauna silvestre), or by the corresponding professional for wild flora management sites (sitios de manejo de flora silvestre).

f. Recommendations: include here management activities that must be done to improve the conditions of the specimens, treatments for disease or pest controls, infrastructure improvements, diet changes, fertilizers, and others warranted by the type of management site (sitio de manejo).

g. If the management site (sitio de manejo) was authorized for the collection of parental stock during the quarter, the number of collections made, and the number of specimens and species collected must be specified.

The report must be signed by the regent and the owner of the site.

SINAC may request in writing clarifications or amplifications of the regency reports from the regent. The regent must submit the requested information in writing to the corresponding office within a period of 10 business days.

The technical recommendations issued by the site's regent are mandatory for the regented site (sitio regentado). In case of non-compliance with said instructions, the regent must immediately communicate the situation to SINAC. The Conservation Area (Área de Conservación) shall take the pertinent actions to prevent damage to wildlife that is difficult or impossible to repair, in compliance with the precautionary and preventive principles.

The regent shall have public faith in the regency reports, certifications, and other criteria they issue corresponding to the regented management site (sitio de manejo regentado).

Due to the public faith that regents hold, they may not exercise the regency of their own sites, nor incur in situations that may represent a conflict of interest.

For the purposes of certifications and official transport guides, the site's regent must comply with the provisions established in the protocols developed for this purpose by SINAC and this regulation for the transport of flora or fauna, as applicable.

Each act must be signed and stamped by the regent who issues it, indicating their full name, profession, and membership number of the respective Professional Association (Colegio Profesional).

It shall be the obligation of the regent to accompany SINAC officials to conduct joint inspections of the site they regent when so requested, upon prior notification ten calendar days in advance.

In the event that faults in the regent's functions are proven, SINAC, following due process that guarantees the right of defense, shall proceed to apply the corresponding sanctions in accordance with the provisions of Article 21 of the LCVS.

SINAC shall inform the respective Professional Association (Colegio Profesional) of the situation and file the corresponding administrative and judicial complaints, sending a copy thereof to the Professional Association (Colegio Profesional).

In the event that the regent is excluded from the registry, they shall be unable to regent any management site (sitio de manejo) for the duration of the sanction.

The following shall be considered minor faults:

a. Failure to fill out the logbook.

b. Failure to submit the regency reports within the established timeframe.

c. Lack of submission of a closure of activities report for a management site (sitio de manejo).

d. Failure to submit the letter of cessation of duties to SINAC.

In the event that the regent is determined to have incurred a minor fault, the following sanctions shall be applied:

i. First time: written warning.

ii. Second time: suspension from the regent registry for a period of one month.

iii. Third time: suspension from the regent registry for a period of two months.

iv. Fourth time: suspension from the regent registry for a period of one year.

In the case of the situations described in subsections ii), iii), and iv), SINAC shall notify the regented sites (sitios regentados) of the regent's impossibility to exercise the regency for the determined period. Furthermore, if once the suspension is completed the regent has not complied with the submission of what is required, an annotation and copy shall be made in their file and in the regent registry of the situation.

The following shall be considered serious faults:

a. Transfer of wildlife from one site to another without the corresponding permits: shall be sanctioned with suspension from the regent registry for a period of 1 year.

b. Collection of wildlife for the management site (sitio de manejo) without authorization: shall be sanctioned with suspension from the regent registry for a period of 2 years.

c. Reproduction of wildlife in the management site (sitio de manejo) without authorization: shall be sanctioned with suspension as a regent for a period of 1 year.

d. Failure to report anomalies in the compliance with the management plan of the regented site (sitio regentado): shall be sanctioned with suspension from the regent registry for a period of 2 years.

The following shall be considered very serious faults:

a. Having knowledge of cases of animal abuse at the regented site (sitio regentado) and failing to report them (applies to wildlife management sites (sitios de manejo de fauna silvestre)): shall be sanctioned with suspension from the regent registry for a period of 3 years.

b. Recording false information in the regency reports, in documents, or records protected by public faith: shall be sanctioned with suspension from the regent registry for a period of 5 years.

c. Failure to report anomalies in the management of wildlife at the regented site (sitio regentado): shall be sanctioned with suspension as a regent for a period of 4 years.

d. Commercialization, rental of specimens, barter, loan, exchange without authorization: shall be sanctioned with suspension from the regent registry for a period of 5 years.

e. Engaging in activities that are prohibited by the LCVS and this Regulation: shall be sanctioned with suspension from the regent registry for a period of 5 years.

ON RESEARCH

CHAPTER XIII

The scientific research established in Articles 37 and 41 of the LCVS shall be governed by the SINAC Research Regulation.

All scientific and academic collection must have the respective collection permit issued by SINAC, and shall be governed by the Research Regulation indicated in the previous article.

Scientific and academic collection of wildlife may be carried out in state-owned protected wilderness areas, only when the entry authorization from SINAC or from the registered owner immersed within the protected area is available. SINAC shall be directly responsible for the monitoring and supervision of the collection.

Scientific and academic collection of wildlife may be carried out in private property areas upon prior obtainment of the research permit from SINAC and the entry authorization from the registered owner of the property. The applicant must submit to the respective Conservation Area (Área de Conservación) the written authorization signed by the registered owner, indicating the general information of the research, research permit and collection number, and the express consent of the registered owner.

ADMINISTRATIVE ORDERS AND PROCEDURE

CHAPTER XIV

SINAC, in the exercise of its supervision, control, and protection functions, is empowered by law and by the preventive, precautionary, and effective administrative tutelage principles, to issue administrative orders, with the objective of doing or not doing a specific conduct contrary to national or international legislation, or that generates a negative impact on wildlife. The order may consist of halting, preventing, eliminating, performing, omitting, restoring, or correcting.

The orders issued by SINAC must meet the following requirements:

a)Be clear, precise, concrete, feasible, reasonable, and appropriate.
b)Indicate the grounds or reasons for the imposed order (in case of risk or damage). In the case of special measures determined by science and technique, or measures of repair, mitigation or management, it must be based on technical and scientific criteria.
c)Directed to a natural person with the obligation and capacity to comply, identified in the order by full name, identification number, address, and telephone numbers if possible.
d)Communicated or notified in person.
e)With an indication of whether it is for immediate compliance or the period granted for compliance.
f)With the warning that, in case of non-compliance, they will be charged with the crime of disobedience to authority, as contemplated in Article 307 of the Penal Code.
g)The order may be oral or written. In the case of an oral or in situ order, the official shall draw up a record stating the fulfillment of all the requirements mentioned in the previous subsections.
h)Must state the place, time, and date, name, and identification of the official carrying out the procedure.

A copy of the act shall be given to the person to whom the administrative order is directed, and the original shall serve to initiate an administrative file for this purpose. The act of notification must be recorded in both documents. Given a refusal to be notified, a note shall be included in the record in the presence of two witnesses, officials or not, of legal age, who shall sign the respective record together with the official. If possible, the document shall be read to the warned party.

In case of non-compliance with the order, the case shall be referred to the Public Prosecutor's Office for the crime of disobedience to authority and the warning shall be issued again. Each non-compliance shall be subject to a new complaint for this crime.

If wildlife products or by-products are confiscated during the action, a confiscation record (acta de decomiso) shall be drawn up and included in the administrative file that is initiated. In the same way, the additional record stating the destination of the wildlife shall be included, which must be signed by the official carrying out the procedure and two witnesses, as well as providing all evidence deemed pertinent.

If, during the same action, apart from wildlife products or by-products, weapons, equipment, or means of transport are confiscated, the official shall draw up the corresponding records separately, providing a copy for the administrative file.

If the infraction is classified as a crime in the LCVS, within a period of eight business days, the confiscated goods shall be placed at the disposal of the Prosecutor with the respective records and the corresponding report, in compliance with Article 119 of the LCVS.

In the event that the infraction corresponds to a contravention, the confiscated goods with the respective records and the report shall be placed at the order of the Contraventional Judge within the same period.

If it is an administrative infraction, the execution of corrective actions shall be ordered and the action shall be documented in the administrative file. The return of confiscated goods (vehicles or equipment) shall proceed provided they are legal, without the need to present them to the Prosecutor. Confiscated wildlife shall in no case be returned to the infractor.

As for legal weapons confiscated from infractors, a period of five days shall be granted for the presentation of the carry permits, and these shall be returned. If they are not presented within the period, a complaint for illegal carrying of a permitted weapon shall be sent to the Public Prosecutor's Office, along with the confiscated weapons and the respective confiscation record. In the case of illegal weapons, no period shall be granted, and the case shall be immediately referred to the Public Prosecutor's Office for the crime of illegal carrying of prohibited weapons.

Each Conservation Area (Área de Conservación) shall set up a database of the administrative files initiated by the issued orders, containing the name and identification of the warned parties, and the corresponding records for follow-up and control purposes.

These administrative orders shall have the ordinary remedies of revocation and appeal, which must be filed within the same timeframes established in Article 346 of the General Law on Public Administration. The filing of ordinary remedies does not suspend the execution of the order.

Once the goods have been forfeited (comiso) by a firm judge's ruling, SINAC shall use or destroy the forfeited goods (bienes caídos en comiso), in accordance with Law No. 6106 on the Distribution of Confiscated or Forfeited Goods and the following procedure:

a)A record of the procedure carried out with the forfeited goods (bienes caídos en comiso) shall be prepared in the presence of two SINAC officials.
b)When it involves equipment to be used by SINAC, it shall be tagged and registered as State property, complying with the procedures established for this purpose for registering goods.
c)SINAC, in each specific case, shall determine the appropriate method for the destruction of confiscated articles or equipment when applicable, immediately sending a copy of said act to the judicial authority that ordered the forfeiture (comiso).
d)When it involves products or by-products of wild flora and fauna, SINAC may arrange for their custody by the National Museum of Costa Rica, university museums, and other state institutions, complying with the procedures established in the different international conventions.

Perishable products of wild flora and fauna confiscated in the exercise of prohibited activities shall be destroyed, for which a destruction record shall be drawn up, signed by the SINAC official and two witnesses.

When it involves live wild animals that come into the administration's custody through any of the situations of the preceding article and within the timeframe contained in Article 24 of the LCVS and this regulation, they must be released at the same capture site or at a specific site, for which a release record shall be drawn up, signed by the SINAC official and two witnesses.

SINAC shall determine the destination of those animals that, due to their physical or behavioral condition, cannot be released, based on a scientific assessment.

Both the release and the maintenance in captivity must be carried out in accordance with the criteria established in this decree.

The technical personnel in the field of biology or wildlife management of SINAC shall be the competent authority to determine the final destination of wild species, by means of a technical report and based on Article 24 of the LCVS. In the case of wild animals that cannot be released immediately and require rehabilitation, readaptation, or other similar processes, officials shall transfer them to duly authorized rescue centers.

SINAC personnel must plan and execute the following wildlife control and protection activities: patrols, highway checkpoints, various operations, inspections and collection of evidence, preparation of technical reports, apprehensions, relation of facts for the judicial and administrative venues, confiscations of all implements for hunting, fishing, and extraction, as well as wild flora and fauna, their products and by-products; technical disposition of wild flora and fauna, and other necessary technical or police procedures, when activities are carried out that contravene the provisions of the law, in accordance with the powers granted in Article 16 of the LCVS.

For the implementation of technical actions aimed at restoring the state of wetland ecosystems, impacted to the conditions they were in before the commission of the infraction, as regulated in Article 98 of the LCVS, the following procedure shall be followed:

The infractor is obliged by legislation to repair the environmental damage caused, therefore, the payment for environmental damage shall not be considered equivalent to the obligation to restore the state of the impacted ecosystem to the conditions it was in before the infraction.

For the restoration of the wetland ecosystem with the participation of SINAC, it shall be necessary:

a)When carrying out the initial inspection, SINAC must collect the necessary technical data to allow the identification of the damage, the degree of impact on the ecosystem, the probability of repair, the most urgent actions to prevent the damage from increasing or affecting wild populations, as well as an analysis of the benefits of the restoration in relation to the economic cost of the investment and the approximate execution time. This assessment shall be presented to the Prosecutor's Office along with the infraction report.
b)In the same report of facts to the Prosecutor's Office, the Prosecutor shall be requested to warn the accused of the corresponding deposit of the cost of the wetland restoration in the name of SINAC.
c)In the event that the Prosecutor requests the judge as a precautionary measure to order the restoration of the wetland by the infractor, SINAC shall request the Prosecutor that the corresponding sums be transferred for its execution.

FINAL PROVISIONS

CHAPTER XV

The following provisions of Executive Decree No. 32633 of March 10, 2005, are hereby reformed:

1. The title of the Executive Decree, whose text shall read:

Regulation to the Wildlife Conservation Law for Fishing and National Wildlife Refuges 2. Article 10, whose text shall read:

"Article 10.- The Ministry of Environment and Energy, through the National System of Conservation Areas (SINAC), is responsible for carrying out the activities indicated in this regulation." 3. The initial paragraph and subsections 3 and 9 of Article 16, whose text shall read:

"Article 16.- For the purposes of Law 7317, the Executive Secretariat of SINAC shall have the following functions, in addition to those established in the Regulation to the Wildlife Conservation Law:

3)Prepare the annual fishing prohibitions for the best use of wild flora and fauna.
9)Establish programs and operations for fishing control." 4. The initial paragraph and subsections p) and q) of Article 17, whose text shall read:

"Article 17.- For the purposes of Law 7317, and in accordance with the Regulation to the Wildlife Conservation Law, the functions of the Conservation Areas are:

p)Ensure compliance with the permits, licenses, or concessions granted under this regulation.
q)Authorize, issue, and sign fishing licenses, through the subregional offices and the administration offices of state wildlife refuges." 5. The title of Chapter V, whose text shall read:

"On the exercise and licenses of sport fishing" 6. Article 31, whose text shall read:

"Article 31.- The exercise of sport or subsistence fishing may only be carried out in accordance with the corresponding fishing prohibition decree. The fishing of species not included in the species lists in accordance with said decree is prohibited." 7. Article 32, whose text shall read:

"Article 32.- In accordance with the provisions of Articles 12, 17, and 63 of the LCVS, the Conservation Areas, as well as the Administration offices of the National Wildlife Refuges, shall be responsible for authorizing, issuing, and signing the continental sport fishing licenses required for the fulfillment of the purposes provided in this Decree." 8. The initial paragraph of Article 33, whose text shall read:

"Article 33.- The fishing methods authorized by SINAC are the following:" 9. Article 36, whose text shall read:

"Article 36.- Sport fishing shall only be permitted between 6 a.m. and 6 p.m." 10. The initial paragraph and subsection d) of Article 41, whose text shall read:

"Article 41.- The requirements for obtaining sport fishing licenses shall be:

d)If the applicant is a foreigner, a copy of both sides of their passport or residency card" 11. The initial paragraph of Article 44, whose text shall read:

"Article 44.- The requirements necessary for obtaining subsistence fishing licenses are the following:" 12. The initial paragraph and subsection b) of Article 51, whose text shall read:

"Article 51. SINAC shall authorize, through the subregional office of the corresponding Conservation Area, sport fishing activities for organized groups that so request, having to satisfy the following requirements:

b)Up-to-date fishing license for each of the participants." 13. Article 166, whose text shall read:

"Article 166.- The fees shall be governed by Article 123 of the LCVS and must be paid in advance annually, and shall be effective from the date on which the resolution approving the application for a use permit becomes final. The same must be deposited in the single State fund."

The following Executive Decrees are hereby repealed: No. 10 of April 16, 1993, Regulation to the Wildlife Conservation Law, published in Official Gazette La Gaceta No. 72 of April 16, 1993, and No. 35463-MINAE-MEP of June 4, 2009, Repeal of Executive Decree No. 21933-MEP-MIRENEM and Declaration of National Wildlife Day, published in Official Gazette La Gaceta No. 201 of October 16, 2009.

The following provisions of Executive Decree No. 32633 of March 10, 2005, are hereby repealed: subsections 1 to 7, 9 and 10 of Article 1; subsections 1 to 24, 26 to 28, 31 to 33, 35, 36, 38 to 42, 44 to 46 of Article 2; Articles 3 to 9, 11 to 15; subsections 1, 2, 4 to 8, 10 of Article 16; subsections a) to f), h) to o), r) to y) of Article 17; Articles 18, 20 to 30; subsections 1, 2, 3.b of Article 33; Articles 34 and 35, 37 to 40, 43, 45 to 50; subsection d) and the penultimate paragraph of Article 51; 52 to 149 and 167.

The following provisions of Executive Decree No. 36515 of January 28, 2011, are hereby repealed: Articles 2 to 22 and 28 to 33.

SINAC reserves the right to review and cancel the permits, licenses, or authorizations when it is proven through due process that the LCVS, this regulation, or the granted permit has been violated. The cancellation shall be carried out without any liability for the State. Subsequent to the publication of this regulation, no new permits shall be granted for the possession of wild animals in the hands of private individuals outside of a management site (sitio de manejo).

Procedures carried out before the publication of the forms may be performed by written request in accordance with the provisions of Article 14, subsection b).

(As amended by Article 1 of Executive Decree No. 41126 of February 14, 2018)

Until the publication of this Decree, procedures shall be carried out without the collection of these amounts.

(As amended by Article 1 of Executive Decree No. 41126 of February 14, 2018)

On this single occasion, the interested party who does not have the invoice indicated in said article shall be permitted to submit a sworn declaration indicating the origin of the specimens.

For this purpose, the Institute, jointly with SINAC, shall issue the necessary internal regulations to ensure that its academic, productive, and research processes are carried out in compliance with current legislation.

It shall be effective upon its publication in the Official Gazette La Gaceta.

Done at the Presidency of the Republic.—San José, the twelfth of July of the year two thousand seventeen.

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Regulation to Wildlife Conservation Law No. 7317Reglamento a la Ley de Conservación de la Vida Silvestre N° 7317

VIII. That on March 10, 2005, Executive Decree 32633 was issued, named Regulation to the Wildlife Conservation Law

Artículo 1 — Scope of application.

Artículo 2 — Acronyms.

Artículo 3 — General Provisions.

Artículo 4 — Definitions.

Artículo 5 — Taxonomic groups of wildlife.

Artículo 6 — Wildlife species with endangered status or in danger of extinction and with reduced or threatened populations in a closed season.

Artículo 7 — Closed season for wild fauna.

Artículo 8 — Celebration of World Wildlife Day.

Artículo 9 — Functions of SINAC.

Artículo 10 — Functions of the Conservation Areas.

Artículo 11 — Allocation of resources for regulatory compliance.

Artículo 12 — Stamp without postal value.

Artículo 13 — Regarding inspectors.

Artículo 14 — General requirements for any application.

Artículo 15 — Incomplete applications.

Artículo 16 — Appeals against the resolution of the procedure.

Artículo 17 — Regarding permits granted under the LCVS and this regulation.

Artículo 18 — Permits regarding wild fauna granted under the LCVS and this regulation.

Artículo 19 — Non-application of positive silence.

Artículo 20 — Granting of concessions.

Artículo 21 — Composition.

Artículo 22 — Requirements for CONAVIS members.

Artículo 23 — Functions of CONAVIS.

Artículo 24 — Subcommissions.

Artículo 25 — Coexistence of wild fauna with human activities.

Artículo 26 — Management and control of wild species that may cause damage.

Artículo 27 — Filing a complaint and initial assessment visit.

Artículo 28 — Verification of damages caused.

Artículo 29 — Technical-scientific studies.

Artículo 30 — Administrative resolution.

Artículo 31 — Declaration, management, and control of invasive exotic species.

Artículo 32 — Control hunting.

Artículo 33 — Application for control hunting authorization.

Artículo 34 — Technical-scientific study.

Artículo 35 — Administrative resolution for opening control hunting.

Artículo 36 — Requirements for the registration of hunters in the control hunting registry.

Artículo 37 — Requirements for control hunting licenses.

Artículo 38 — Replacement of control hunting license.

Artículo 39 — Authorized methods for control hunting.

Artículo 40 — Subsistence hunting.

Artículo 41 — Requirements to apply for a subsistence hunting license.

Artículo 42 — Authorized methods for exercising subsistence hunting.

Artículo 43 — Wildlife collection for parental stock.

Artículo 44 — Application for authorization of wildlife collection for parental stock.

Artículo 45 — Technical-scientific study for wildlife collection for parental stock.

Artículo 46 — Resolution approving or denying the collection of wildlife as parental stock and issuance of the collection license.

Artículo 47 — Rental of collections or individuals of wildlife.

Artículo 48 — On falconry and similar techniques involving mascotization.

Artículo 49 — Use of wild animals in audiovisual activities.

Artículo 51 — Exhibitions of live wildlife.

Artículo 52 — Mobile or itinerant exhibitions.

Artículo 53 — Reinsertion of wildlife.

Artículo 54 — Release of wild organisms from their natural environment with 72 hours of capture or less.

Artículo 55 — Health evaluations of candidates for release with more than 72 hours of capture.

Artículo 56 — Genetic evaluations of candidates for release.

Artículo 57 — Geographic origin of candidates for release.

Artículo 58 — Ethological evaluations of candidates for release.

Artículo 59 — Risk factors for rescued animals.

Artículo 60 — Pre-release enclosures.

Artículo 61 — Costs of the processes.

Artículo 62 — Reintroduction of wildlife.

Artículo 63 — Veterinary examinations of candidates for release.

Artículo 64 — Origin of candidates for release.

Artículo 65 — Study on the population dynamics of the species.

Artículo 66 — Mitigation rescue, translocation, and reinsertion plan.

Artículo 67 — Responsibility of the developer.

Artículo 68 — Wildlife that cannot be released immediately.

Artículo 69 — Euthanasia.

Artículo 70 — Methods of euthanasia.

Artículo 71 — Technical justification.

Artículo 72 — Euthanasia practiced by SENASA.

Artículo 73 — Products and by-products of fauna subjected to euthanasia.

Artículo 74 — Procedure to request the use of products and by-products of fauna subjected to euthanasia.

Artículo 75 — Euthanasia for humanitarian purposes.

Artículo 76 — Reproduction programs in non-commercial breeding centers (zoocriaderos sin fines comerciales).

Artículo 77 — Reproduction of endangered or reduced-population species.

Artículo 78 — Transport of wild animals.

Artículo 79 — Transport of wildlife for research.