The CSC must issue the non-conformity by means of a duly reasoned resolution with all the corresponding technical arguments and the evidence of the case, when the vessel incurs in the following situations:
a. Departure from a national port without having the DS installed and correctly functioning and transmitting its data to the SLSC of the CSC of INCOPESCA.
b. That the vessel owner (armador) or proprietor, having been notified, fails to heed the alerts issued by the system itself or by the CSC, or it is determined by the CSC that, according to the report prepared by the service provider, there was tampering with the equipment and, consequently, interruption or alteration of the transmissions emitted by the equipment installed on board.
c. That the vessel owner (armador) fails to make the corresponding communications within the timeframes established in this regulation.
d. That the CSC, through an alert, determines that there was tampering, alteration, disconnection and shutdown of the DS.
e. That the justifications for non-transmission are considered not valid to admit their approval.
f. That it fails to inform the CSC, within the timeframes established in this regulation, of the reasons why the vessel's DS is not transmitting.
g. That the vessel stops transmitting and does not return to port in time.
h. That the vessel operates in exclusive economic zones other than Costa Rican ones, national parks, protected areas and zones, national reserves and marine areas of responsible fishing, or unauthorized zones.
i. Arrival at port without possessing the authorization and validation of port use by INCOPESCA.
j. That the positions received at the CSC do not match the voyage and fishing operations control logbooks required by the Fisheries Administration.
k. That it uses a beacon not authorized for the vessel or transfers it to another vessel without prior authorization from Incopesca.
l. The non-conformity issued by the CSC by means of a resolution shall be considered as means of evidence and shall have the probative value determined in the applicable legal provisions.
In case of doubt regarding the interpretation and application of this regulation, as well as situations not contemplated herein, the CSC must request a criterion from the General Technical Directorate, prior to the issuance of the corresponding non-conformity.
In case of controversy, the criterion of the DGT shall prevail.
Transitional Provision II.-For vessels that operate in the Caribbean Sea for medium-scale commercial fishing, this regulation shall be applicable at the same time its application enters into force for medium-scale vessels operating in the Pacific Ocean.
2º-Let it be published. It takes effect upon its approval. Firm agreement.