This Decreto Ejecutivo takes effect upon its publication in the Official Journal La Gaceta.
Given in the province of Guanacaste, on the eleventh day of December of the year two thousand twenty.
(Thus modified in its numbering by Article 2° of Decreto Ejecutivo N° 45743 of February 25, 2026, which transferred it from the former Article 6° to Article 10)
ANNEXES "General guide for the assessment of environmental impacts generated by the activity of Mariculture and forms by category" General Information 1. The General Guide for the elaboration of Environmental Impact Assessment instruments (EIA Guide) is a basic reference orientation for the consulting team responsible for preparing the Environmental Impact Assessment (EIA) instrument to be developed. This is because the characteristics of the geographic space and the project, work, or activity to be developed will determine the applicability of the EIA Guide topics and the depth required by the environmental impact assessment instrument to be prepared. This same principle is also used by SETENA to evaluate the EIA Instruments.
2. The consulting group that prepares the environmental impact assessment instrument in question must designate a coordinating professional, who will be the one listed first in the list of authors. The co-author professionals will be responsible for the thematic content of their specific discipline and the general assessment terms related to said disciplines. The coordinator of the EIA Instrument will be the main person responsible for the thematic content on general aspects, not attributable to a particular discipline.
3. In accordance with the mandate of the Organic Law of the Environment N° 7554, the developer, the environmental consultants, and those who approved the EIA instrument are directly and jointly responsible for the environmental damage that may occur when developing the activity, work, or project. For this reason, the EIA instrument must harmonize the environmental impact with the productive processes.
4. The guide is aimed at all those cultures carried out directly in the sea; it does not include continental coastal aquaculture such as the case of shrimp farms in lagoons or seed production laboratories, since their characteristics differ significantly from marine farms.
(Thus amended the previous point by Article 3° of Decreto Ejecutivo N° 45743 of February 25, 2026)
5. The approach applied to the proposed instruments must address mariculture from the context of sustainable development considering its four basic pillars: society, economy, culture, and environment.
6. In Costa Rica, currently in the marine zone, for commercial purposes, the spotted snapper Lutjanus guttatus, the oyster Crassostrea gigas, the white shrimp Litopenaeus vannamei, and the mussel Mytella sp. are cultivated. Considering that culture technologies vary among species and in anticipation of greater diversification of the activity, it has been deemed appropriate that scales be established according to each group of species (finfish, bivalve mollusks, and marine shrimp).
7. It has been considered necessary, for the purposes of requesting an environmental viability (viabilidad ambiental) from SETENA, to establish four scales based on the annual production of each group of species and based on production ranges that allow economic profitability according to the characteristics and conditions of each project and culture site. Productions lower than the recommended range could limit the profitability and development of the activity, making smaller-range scales inoperative. Each scale suggests the spatial location in relation to protected wild areas as established in the Sistema Nacional de Áreas de Conservación SINAC (Figure 1).
The proposed scales for processing environmental viability (viabilidad ambiental) are:
1. Social-Family Aquaculture:
Represents cultures of marine aquatic organisms carried out by a family nucleus solely for subsistence, self-consumption, or for commercial purposes to generate their own employment, as well as cultures of marine aquatic organisms carried out by associations, cooperatives, or other organized groups supported and accompanied for at least the first two years by at least two State institutions, whose main objective is the generation of employment in the country's marine-coastal zones. They are characterized by being activities with low potential environmental impact even if located in protected marine areas whose legal constitution permits this type of activity, according to the Sistema Nacional de Áreas de Conservación SINAC. They are Projects considered for registration (D5-SF).
The production limits will depend on each group of species as shown in table 1 and the requirements for registration in table 2.
(Thus amended the previous point by Article 1° of Decreto Ejecutivo N° 45743 of February 25, 2026)
2. Small Scale:
Culture of marine aquatic organisms with low production in kilograms per year. Considered projects of low potential environmental impact. Projects of this scale cannot be carried out within the limits of protected marine areas, unless the viability of this activity is established in the General Management Plans (Planes Generales de Manejo) and permitted by its category according to the Sistema Nacional de Áreas de Conservación SINAC; likewise, they must maintain a minimum distance of 100 meters from their floating infrastructure to the boundary of any protected wild area and may not affect the sustainability of coral reefs and/or seagrass beds and/or mangrove ecosystems, regardless of their location, inside or outside protected wild areas. They are Projects submitted with a Sworn Declaration of Environmental Commitments (D5 PE). The production limits at this scale will depend on each group of species according to table 1 and the requirements to qualify for the environmental endorsement in table 3.
3. Medium Scale:
Culture of marine aquatic organisms with a medium production in kilograms per year. Considered projects of Moderate Potential Environmental Impact. Projects of this scale cannot be carried out within the limits of protected marine areas according to the Sistema Nacional de Áreas de Conservación SINAC and may not affect the sustainability of coral reefs and/or seagrass beds, and/or mangrove ecosystems, regardless of their location, inside or outside protected wild areas; likewise, they must maintain a minimum distance of 500 meters from their limit of the area of impact on the seabed to the boundary of any protected wild area. They must be evaluated according to the requirements (D5-ME). The production limits at this scale will depend on each group of species in table 1 and the requirements to qualify for the environmental endorsement in table 4.
4. Large Scale:
Culture of marine aquatic organisms with a high production in kilograms per year. Considered projects of Moderate to higher Potential Environmental Impact. Projects of this scale cannot be carried out in protected marine areas according to the Sistema Nacional de Áreas de Conservación SINAC and may not affect the sustainability of coral reefs and/or seagrass beds and/or mangrove ecosystems, regardless of their location, inside or outside protected wild areas; likewise, they must maintain a minimum distance of 1000 meters from their limit of the area of impact on the seabed to the boundary of any protected wild area. They must be evaluated according to the requirements (D5-GE). The production limits at this scale will depend on each group of species in table 1 and the requirements to qualify for the environmental endorsement in table 5.
Table 1. Mariculture culture scales according to type of marine organisms (Instructive for the assessment of environmental impacts) | --- | --- | --- | --- | | | Social-Family (kg/year) | Small Scale (kg/year) | Medium Scale (kg/year) | Large Scale (kg/year) | | Marine finfish | ≤ 2,000 | 2,001 - 40,000 | 40,001 - 200,000 | > 200,000 | | Bivalve mollusks | ≤ 2,000 | 2,001 - 20,000 | 20,001 - 80,000 | > 80,000 | | Marine shrimp | ≤ 1,500 | 1,501 - 30,000 | 30,001 - 120,000 | > 120,000 | In the case of new invertebrate species not yet cultivated, such as non-bivalve mollusks, echinoderms, macroalgae, among other species, the same category as Bivalve Mollusks will be used.
The production (Kg/year) is established for headless whole shrimp, gutted fish, and whole oysters with both shells.
Environmental viability (viabilidad ambiental) for integrated multi-trophic aquaculture (see definitions) will be permitted and encouraged for its environmental sustainability benefits at the different production scales (social/family, small, medium, and large scale). The category to be applied according to the type of organism (table 1) will depend on the species that exceeds 60% of production. For example, if 60% finfish and 40% mollusks are cultivated, the Marine Finfish category will be used.
The area for small, medium, and large-scale projects will be applied proportionally to the defined production. The project profile must clearly establish the maximum area to be used, and this must be consistent with the production and the project's comprehensive plan.
In the event that an area is requested that does not correspond to the technical description of the project, with the intent of encompassing more area than necessary, the viability could be rejected, or an endorsement may be granted for a smaller area consistent with the actual production of the project and its technology.
If the production of a culture project increases to reach the levels of the next higher scale, the project manager must submit the remaining requirements for the new scale.
For the granting of environmental viability (viabilidad ambiental), the distance between the boundaries of each culture area requested for concession must be respected, as established in the following table:
Table 2. Minimum distance in meters between the boundary of a culture area requested for concession and other scales
Forms for the activity of Mariculture by type of instrument Table 3: Registration Form (D5: SOCIAL/FAMILY) Table 3: REGISTRATION FORM (D5: SOCIAL/FAMILY)"
| General Information about the Activity, Work, or Project (AOP) | | | |
|---|
| 1. Name of the Activity: | - | | |
| 2. Owner's Name or Corporate Name (Natural or Legal Person): | - | | |
| 3. Identification Document: | - | 4. Identification Number: | - |
| 5. Fiscal Address (Street, Avenue, name and number): | - | | |
| 6. Other Details: | - | 7. Telephone n°: | - |
| 8. Primary Means for receiving notifications (email): | - | | |
| 9. P.O. Box and Postal Code: | - | | |
| 10. Alternative Means for receiving notifications (email): | - | | |
| On the Administrative and Geographic Location of the Activity, Work, or Project | | | | |
|---|
| 11. Province: | - | 12. Canton: | 13. District: | - |
| 14. Other details and coordinates: | - | | | |
| Information and Status of the Legal Representative | | | | |
| 15. Surnames and Name of the Legal Representative: | - | | | |
| 16. Marital Status: | - | | | |
| 17. Identification Document: | - | 18. Identification Number: | - | |
| 19. Profession or Trade: | - | 20. Telephone: | - | |
| 21. Domicile: | - | | | |
| 22. Other Details: | - | 23. Email: | - | |
| Information on the Activity, Work, or Project | | | | |
| 24. Description of the project, work, or activity: Must include: Description of the cultivation site, distance to the nearest continent or islands, construction, type of anchoring system, specify whether the infrastructure is floating or fixed, type, dimensions, and volume of each cultivation enclosure (cage, lantern, other), type, kilograms of expected production per year. | - | | | |
| Current basic environmental characterization of the area of influence of the activity, work, or project | | | | |
| 25. Cultivation Area: | - | 26. Type of Cultivation (Common and scientific name): | - | |
| 27. Fish Production in Kg (? 15,000Kg): | - | 28. Shrimp and Mollusk Production in Kg (? 10,000Kg): | - | |
| 29. Does your project have potable water? | Yes?, No ?, NA ? | | | |
| 30. Does your project have electricity? | Yes?, No ?, NA ? | | | |
| 31. Does your project have waste collection or an authorized sanitary landfill (relleno sanitario)? | Yes?, No ?, NA ? | | | |
| 32. Is there a similar activity within 500 meters (in the AID)? | Yes?, No ?, NA ? | | | |
| 33. Nearest Population Center: | - | | | |
| 34. Nearest human activities: | - | | | |
| On the location of the activity, work, or project | | | | |
| 35. Will the cultivation be located in a marine protected area, responsible fishing area, or other category? | Yes?, No ?, NA ? Specify here | | |
|---|
| On the specific regulations for the activity, work, or project | | | |
| 36. Are there specific environmental or sanitary regulations for your activity? | - | | |
| Relevant Environmental Aspects | | | |
| Aspect | Components | Effect | Response |
| 37. Consumption | Energy | Does the development of the activity require electrical energy? | Yes?, No ?, NA ? |
| Will you use a self-generation power source? Specify here | Yes?, No ?, NA ? | | |
| Is the estimated energy consumption greater than 240 MW h/year (typical consumption of a house)? | Yes?, No ?, NA ? | | |
| Air | Does your activity, work, or project emit gases or particles, due to the use of vehicles or other machinery? | Yes?, No ?, NA ? | |
| Will your activity, work, or project produce immissions (strong odors) from organic waste and others as a consequence of its production process? | Yes?, No ?, NA ? | | |
| Will your activity, work, or project produce noise that is bothersome to immediate or adjoining neighbors? | Yes?, No ?, NA ? | | |
| Water | Will the wastewater (aguas servidas) (which comes from bathrooms, washbasins, sinks, laundry tubs, washing machines, toilets, urinals) from the activity, work, or project be treated by a septic tank, according to specific regulation? | Yes?, No ?, NA ? | |
| Will the wastewater (aguas servidas) (which comes from bathrooms, washbasins, sinks, laundry tubs, washing machines, toilets, urinals) from the activity, work, or project be treated in an on-site treatment plant, according to specific regulation? | Yes?, No ?, NA ? | | |
| | Will the wastewater (aguas servidas) (which comes from bathrooms, washbasins, sinks, laundry tubs, washing machines, toilets, urinals) from the activity, work, or project be disposed of in an authorized sanitary sewer system? | Yes?, No ?, NA ? |
|---|
| Will the residual water (aguas residuales) from the activity, work, or project (not including black water) be treated in an on-site treatment plant, according to specific regulation? | Yes?, No ?, NA ? | | |
| Soil | Will the ordinary trash produced during the construction and operation of the activity, work, or project be disposed of in an authorized sanitary landfill (relleno sanitario)? | Yes?, No ?, NA ? | |
| During the construction and operation of the activity, work, or project, are special wastes produced, such as: wood, cable, paint cans, solvent, and other similar items, and will the specific regulation be complied with? | Yes?, No ?, NA ? | | |
| Cultural | The activity, work, or project will affect the scientific, cultural, architectural, or archaeological heritage. | Yes?, No ?, NA ? | |
| 38. Other Risks | During the operation of the activity, work, or project, hydrocarbons such as: gasoline, kerosene, diesel, LPG gas, natural gas will be stored and consumed in a minimum quantity of 1000 liters per month. | Yes?, No ?, NA ? | |
| Document signed and sealed by each directorate of the institutional units (at least two Institutions) that endorse the project, advise, and accompany the producer associations or cooperatives. Valid only for Costa Rican Public Institutions with objectives related to the activity. | Yes?, No ?, NA ? | | |
NA: Not applicable FUNDAMENTAL ENVIRONMENTAL COMMITMENT CLAUSE (CLAUSULA DE COMPROMISO AMBIENTAL FUNDAMENTAL): This environmental registration (registro ambiental) is granted on the understanding that the developer of the project, work, or activity will fully and completely comply with all regulations and technical, legal, and environmental standards in force in the country and to be executed before other authorities of the Costa Rican State. The breach of this clause by the developer will not only make them subject to the sanctions implied by the failure to comply with said regulation, but also, upon constituting the same, a part of the fundamental basis on which the environmental registration (registro ambiental) is sustained, will cause said registration to be automatically annulled with the technical, administrative, and legal consequences that this entails for the activity, work, or project and for its developer, in particular with respect to the scope of the application of Article 99 of the Organic Environmental Law (Ley Orgánica del Ambiente).
NON-TRANSFERABILITY CLAUSE (CLAUSULA DE INTRANSFERIBILIDAD): The undersigned commits not to submit another endorsement application for the same purposes while the project for which they requested the approval of the D5 Social Familiar Registration is under development; likewise, they must declare that they will not rent, sell, or transfer to third parties the concession with the environmental endorsement requested through this means.
| Sworn Declaration of Truthfulness of Information | |
|---|
| I state that I am aware of the sanctions with which the law punishes false testimony and declare that all the information provided in this form is true and accurate. | Signature |
(Table 3 thus amended above by Article 1 of Executive Decree No. 45743 of February 25, 2026)
Table 4. D5-SMALL SCALE (PE) SWORN DECLARATION OF ENVIRONMENTAL COMMITMENTS (DJCA)"
| 1. GENERAL INFORMATION | |
|---|
| Project Name | |
| Developer | |
| Name | Identification Number (Individual or Legal Entity) |
| Legal Representative | | | |
|---|
| Name | Identification Number | | |
| Environmental Consultant | | | |
| Name | Identification Number | Consultant Number | |
| Means for notifications: | | | |
| CIIU Activity | | | |
| CIIU Code | Production Scale Classification | | |
| Project Location | | | |
| Province | Canton | District | |
| Longitude | Latitude | | |
| SIGNATURE OF THE DJCA | | | |
| Signature of the Legal Representative | Signature of the Responsible Consultant | | |
| Name | | Name | |
| ID Number | | ID Number | |
| Professionals who participated in the Preparation of the DJCA Instrument | | | |
| Consultant's Signature | | | |
| Name | | | |
| ID Number | | | |
| Consultant Number | | | |
| Profession | | | |
(Table 4 thus amended above by Article 1 of Executive Decree No. 45743 of February 25, 2026)
(*)NON-TRANSFERABILITY CLAUSE (CLAUSULA DE INTRANSFERIBILIDAD): The applicant (including members of the boards of directors of the associations or cooperatives) commits not to submit another endorsement application for the same purposes while the project for which they requested the viability (viabilidad) is under development; likewise, they must declare that they will not rent, sell, or transfer to third parties the concession with the environmental endorsement requested through this means.
Sworn Declaration The undersigned, declare under oath, that all the information provided and contained in this form is truthful, and current, and is provided according to the available technical consent. The foregoing under the penalties that the Law establishes for the crime of perjury and false testimony and aware of the following Environmental Responsibility Clause: "The Environmental Consultant and the Developer who sign the form D5-PE DJCA, will be the directly responsible parties for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, will oversee that the document submitted has complied with the technical guidelines established through the completion guide, and if these are met, it will accept the information presented as true and accurate, as a sworn declaration.
Based on the data provided, SETENA could be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the activity, work, or project proposed, so that in the event that false or erroneous information is provided, the signatories will be responsible not only for this fault, but also for the consequences of the decision that SETENA has incurred from that data." "Likewise, I commit before the Costa Rican State and the National Environmental Technical Secretariat (SETENA) to fully and completely comply with ALL regulations, and technical, legal, and environmental standards in force in Costa Rica, and to be executed before other authorities of the Costa Rican State, and to fully comply with the provisions established in the environmental measures, the Fundamental Environmental Commitment Clause, the recommendations of the technical studies, and the measures proposed in the environmental impact assessment (evaluación de impacto ambiental, EIA) instruments.
Signature
(*)(The above clause thus added by Article 2 of Executive Decree No. 45743 of February 25, 2026)
Table 5. D5-MEDIUM SCALE (ME) ENVIRONMENTAL MANAGEMENT PLAN FORECAST (P-PGA)
| 1. GENERAL INFORMATION |
|---|
| Project Name |
| Developer | | | |
|---|
| Name | Identification Number (Individual or Legal Entity) | | |
| Legal Representative | | | |
| Name | Identification Number | | |
| Environmental Consultant | | | |
| Name | Identification Number | Consultant Number | |
| Means for notifications: | | | |
| CIIU Activity | | | |
| CIIU Code | Production Scale Classification | | |
| Project Location | | | |
| Province | Canton | District | |
| Longitude | Latitude | | |
| Cadastral Plan | | | |
| Property Number | | | |
| SIGNATURE OF THE P-PGA | | | |
| Signature of the Legal Representative | Signature of the Responsible Consultant | | |
| Name | | Name | |
| ID Number | | ID Number | |
| Professionals who participated in the Preparation of the P-PGA | | | |
| Coordinator's Signature | | | |
| Name | | | |
| ID Number | | | |
| Consultant Number | | | |
| Profession | |
|---|
| Consultant's Signature | |
| Name | |
| ID Number | |
| Consultant Number | |
| Profession | |
(Table 5 thus amended above by Article 1 of Executive Decree No. 45743 of February 25, 2026)
(*)NON-TRANSFERABILITY CLAUSE (CLAUSULA DE INTRANSFERIBILIDAD): The applicant (including members of the boards of directors of the associations or cooperatives) commits not to submit another endorsement application for the same purposes while the project for which they requested the viability (viabilidad) is under development; likewise, they must declare that they will not rent, sell, or transfer to third parties the concession with the environmental endorsement requested through this means.
Sworn Declaration The undersigned, declare under oath, that all the information provided and contained in this form is truthful, and current, and is provided according to the available technical consent. The foregoing under the penalties that the Law establishes for the crime of perjury and false testimony and aware of the following Environmental Responsibility Clause: "The Environmental Consultant and the Developer who sign the form D5-PE DJCA, will be the directly responsible parties for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, will oversee that the document submitted has complied with the technical guidelines established through the completion guide, and if these are met, it will accept the information presented as true and accurate, as a sworn declaration.
Based on the data provided, SETENA could be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the activity, work, or project proposed, so that in the event that false or erroneous information is provided, the signatories will be responsible not only for this fault, but also for the consequences of the decision that SETENA has incurred from that data." "Likewise, I commit before the Costa Rican State and the National Environmental Technical Secretariat (SETENA) to fully and completely comply with ALL regulations, and technical, legal, and environmental standards in force in Costa Rica, and to be executed before other authorities of the Costa Rican State, and to fully comply with the provisions established in the environmental measures, the Fundamental Environmental Commitment Clause, the recommendations of the technical studies, and the measures proposed in the environmental impact assessment (evaluación de impacto ambiental, EIA) instruments.
Signature
(*)(The above clause thus added by Article 2 of Executive Decree No. 45743 of February 25, 2026)
Table 6. D5-LARGE SCALE (GE) ENVIRONMENTAL IMPACT STUDY (EsIA)
| 1. GENERAL INFORMATION | | |
|---|
| Project Name | | |
| Developer | | |
| Name | Identification Number (Individual or Legal Entity) | |
| Legal Representative | | |
| Name | Identification Number | |
| Environmental Consultant | | |
| Name | Identification Number | Consultant Number |
| Means for notifications: | | |
| CIIU Activity | | |
| CIIU Code | Production Scale Classification | |
| Project Location | | |
| Province | Canton | District |
| Longitude | Latitude | |
| Cadastral Plan | | | |
|---|
| Property Number | | | |
| SIGNATURE OF THE EsIA | | | |
| Signature of the Legal Representative | Signature of the Responsible Consultant | | |
| Name | | Name | |
| ID Number | | ID Number | |
| Professionals who participated in the Preparation of the EsIA | | | |
| Coordinator's Signature | | | |
| Name | | | |
| ID Number | | | |
| Consultant Number | | | |
| Profession | | | |
| Consultant's Signature | | | |
| Name | | | |
| ID Number | | | |
| Consultant Number | | | |
| Profession | | | |
(Table 6 thus amended above by Article 1 of Executive Decree No. 45743 of February 25, 2026)
(*)NON-TRANSFERABILITY CLAUSE (CLAUSULA DE INTRANSFERIBILIDAD): The applicant (including members of the boards of directors of the associations or cooperatives) commits not to submit another endorsement application for the same purposes while the project for which they requested the viability (viabilidad) is under development; likewise, they must declare that they will not rent, sell, or transfer to third parties the concession with the environmental endorsement requested through this means.
Sworn Declaration The undersigned, declare under oath, that all the information provided and contained in this form is truthful, and current, and is provided according to the available technical consent. The foregoing under the penalties that the Law establishes for the crime of perjury and false testimony and aware of the following Environmental Responsibility Clause: "The Environmental Consultant and the Developer who sign the form D5-PE DJCA, will be the directly responsible parties for the technical-scientific information they provide therein. By virtue of this, the National Environmental Technical Secretariat (SETENA), as the environmental authority of the Costa Rican State, will oversee that the document submitted has complied with the technical guidelines established through the completion guide, and if these are met, it will accept the information presented as true and accurate, as a sworn declaration.
Based on the data provided, SETENA could be making decisions regarding the Environmental Viability (Viabilidad Ambiental) of the activity, work, or project proposed, so that in the event that false or erroneous information is provided, the signatories will be responsible not only for this fault, but also for the consequences of the decision that SETENA has incurred from that data." "Likewise, I commit before the Costa Rican State and the National Environmental Technical Secretariat (SETENA) to fully and completely comply with ALL regulations, and technical, legal, and environmental standards in force in Costa Rica, and to be executed before other authorities of the Costa Rican State, and to fully comply with the provisions established in the environmental measures, the Fundamental Environmental Commitment Clause, the recommendations of the technical studies, and the measures proposed in the environmental impact assessment (evaluación de impacto ambiental, EIA) instruments.
Signature
(*)(The above clause thus added by Article 2 of Executive Decree No. 45743 of February 25, 2026)
The requirements contemplated in this Executive Decree are unique and invariable by the parties for obtaining the Registration or the environmental viabilities (viabilidades) in Mariculture according to each scale.
(Paragraph above thus amended by Article 1 of Executive Decree No. 45743 of February 25, 2026)
Table 7: SOCIAL/FAMILIAR (D5-SF). Registration REQUIREMENTS DETAILS
| 1 | Submission of the registration form | a) Complete and signed by the individual in the case of a family cultivation, or legal representative of the association or cooperative in the case of groups supported by the State. The signature must be digital in the case of digital submission of the form, or if the form is signed physically, it must be authenticated by a notary with a digital signature. |
|---|
| 2 | Submission of the proof of payment deposit (BNCR Account) | b) Transfer receipt issued by the Bank. |
| 3 | Obligations before State Institutions | c) Must be up to date with the employer-worker obligations of the CCSS, in compliance with Article 74 of the Constitutive Law of the CCSS |
| 4 | Location map | d) Applications such as Google Earth can be used. The location must be provided, geographic coordinates in the official projection system (CRTM05) and political-administrative reference. |
| 5 | Project description | e) Must include a clear summary of the environment and the seabed, construction, type of anchoring system, floating or fixed infrastructure, type, dimensions and volume of each cultivation enclosure, expected planting and harvest densities, expected growth and mortality, type of feed and feed conversion ratio, expected total biomass production (according to the technology and installed capacity and the harvest and sale process). |
| 6 | Design of the work or project | f) Provide a clear plan or sketch, all its parts and dimensions must be included. |
| 7 | Institutional endorsement and commitment (only in social projects) | g) Document signed and sealed by each directorate of the institutional units, officially representing at least two Institutions. Must indicate that they endorse the project, advise, and accompany the producer associations or cooperatives. Valid only for Costa Rican Public Institutions with objectives related to the activity. Public Universities, INCOPESCA, IMAS, Parque Marino del Pacífico, INDER, INAMU, SBD, MAG, MTSS, MINAE, INA. |
| 8 | Solid and liquid waste management plan (Plan de manejo de desechos sólidos y líquidos) | h) Document signed by the responsible professional of the accompanying institution, which clearly describes how the management of waste from cultivation and human activities for its development will be handled (Trash, Residual Water, Black Water, |
Animal by-product, Hydrocarbons, Disinfectants, Antibiotics) and that these will not cause a detriment to the surrounding ecosystems.
(Table 7 thus amended above by Article 1 of Executive Decree No. 45743 of February 25, 2026) Table 8: SMALL SCALE (D5-PE). DJCA
| REQUIREMENTS | DETAILS |
|---|
| 1 | Submission of the form | a) Complete and signed by the individual in the case of a family cultivation, or legal representative of the association or cooperative in the case of groups supported by the State. The signature must be digital in the case of digital submission of the form, or if the form is signed physically, it must be authenticated by a notary with a digital signature. |
| 2 | Submission of the proof of payment deposit (BNCR Account) | b) Transfer receipt issued by the Bank. |
| 3 | Obligations before State Institutions | c) Must be up to date with the employer-worker obligations of the CCSS, in compliance with Article 74 of the Constitutive Law of the CCSS |
| 4 | Location map | d) Applications such as Google Earth can be used. The location must be provided, geographic coordinates in the official projection system (CRTM05) and political-administrative reference. |
| 5 | Project description | e) Must include a clear summary of the environment and the seabed, construction, type of anchoring system, floating or fixed infrastructure, type, dimensions and volume of each cultivation enclosure, expected planting and harvest densities, expected growth and mortality, type of feed and feed conversion ratio, expected total biomass production (according to the technology and installed capacity and the harvest and sale process). |
| 6 | Design of the work or project | f) It can be a clear plan or sketch; all its parts and dimensions must be included. |
| 7 | Solid and Liquid Waste Management Plan (PMDSL) | g) Document prepared by the environmental consultant, duly signed, which clearly describes how the management of waste from cultivation and human activities for its development will be handled (Trash, Residual Water, Black Water, Animal by-product, Hydrocarbons, Disinfectants, Antibiotics), and that these will not cause a detriment to the surrounding ecosystems. |
|---|
| 8 | Rapid Ecological Assessment (EER) | h) By means of immersion (diving) and through transects, the types and distribution of the main plant and animal taxonomic groups present, both in the water column and on the seabed, must be characterized. The EER must be carried out and signed by a certified marine biologist; photographs of said work must be provided. This work does not imply study of the benthos. |
| 9 | Diagnosis and Risk Assessment | i) Based on the technical characteristics of each marine aquaculture project, the PMDSL, and the EER, the environmental manager (regente ambiental) must provide a diagnosis of project elements as possible generators of environmental impacts (negative and positive) as well as the environmental factors susceptible to being impacted. In this, they must recommend the Prevention, Mitigation, and Compensation Measures that establish the viability (viabilidad) or not of the project. |
| 10 | Environmental Management (Regencia Ambiental) | j) The Environmental Management (Regencia Ambiental) must describe: a. Monitoring Methodology b. Execution Schedule c. Costs of environmental management |
(Table 8 thus amended above by Article 1 of Executive Decree No. 45743 of February 25, 2026) Table 9: MEDIUM SCALE (D5-ME) P-PGA CONTENTS FOR FORECAST - ENVIRONMENTAL MANAGEMENT PLAN
| Item | Topic |
|---|
| 1 | General Index |
| 2 | Introduction and detailed description of the project |
| 2.1 | Project Summary: Must include a clear summary of the environment and the seabed, construction, |
| type of anchoring system, floating or fixed infrastructure, type, dimensions and volume of each cultivation enclosure, expected planting and harvest densities, expected growth and mortality, type of feed and feed conversion ratio, expected total biomass production (according to the technology and installed capacity and the harvest and sale process). |
|---|
| 2.2 | Development phases |
| 2.3 | Flowchart of activities |
| 2.4 | Location map: Shapefile with coordinates in the official projection system (CRTM05) and a map of the AP and the Areas of Influence (AI) |
| 2.5 | Design of the work or project: A general plan signed by a professional (Engineer or Naval Constructor) must be provided. Must include all its parts and dimensions |
| 2.6 | Equipment to be used |
| 2.7 | Raw material to be used |
| 2.8 | Basic services |
| 3 | Physical environment |
| 3.1 | Study of current direction and speed: Methodology: k) Its execution during a spring tide (full moon or new moon phase). l) Samplings must be carried out every two hours in each phase (flood and ebb), 6 data collections. m) Data collection must be done at the 4 cardinal points at an adequate distance (depending on the cultivation area) from the central point where the enclosures will be located. n) Samplings must be done at the surface, at the bottom of the production enclosure, and on the seabed. In the event that the depth from the enclosure to the seabed exceeds 10 meters, a measurement must be taken every additional 10 meters. o) The study and analysis must have the endorsement (signature) of a marine biologist or oceanographer duly registered with the corresponding professional association |
| 3.2 | Area of influence and expected impact of the distribution of uneaten feed and nitrogenous waste excreted by organisms (suspended solids hereafter): Methodology: . Present an analysis of the transport of suspended solids by currents. Must indicate the expected percentages of uneaten feed. . Present a scheme (sketch) showing the surface (cultivation enclosures), water column influenced by the cultivation, dispersion flow of dissolved solids, and seabed area where dissolved solids could arrive due to currents. . Provide an ecological description of the general characteristics of the water column and the area |
| of the seafloor defined in the previous point. In the column describe the taxonomic groups present and approximate quantity per group. On the bottom, lists of taxonomic groups present, approximate quantity per group, area of coverage in approximate square meters, and habitat percentage of each group in the total area must be included. . Estimate the potential impact of excreta and food on the taxonomic groups in the area of influence. The study and analysis must have the endorsement (signature) of a marine biologist duly registered with the corresponding professional association. |
|---|
| 3.3 | Basic physicochemical composition of the water at the surface, bottom of the enclosures, and area of influence on the bottom. Describe the following parameters at the central coordinate of the potential cultivation site: . Dissolved oxygen . Temperature . pH . Turbidity (surface) . Salinity . BOD |
| 3.4 | Rapid Ecological Assessment (EER): By means of immersion (diving) and through transects, the types and distribution of the main plant and animal taxonomic groups present, both in the water column and on the seafloor, must be characterized. The EER must be carried out and signed solely by a licensed marine biologist; photographs of said work must be provided showing the clear participation of the marine biologist, as well as the diving license or its respective certified copy. Does not include analysis of the benthos. |
| 4 | Socioeconomic Environment |
| - | Regarding the socioeconomic environment, the following must be described: . Marine activities carried out in the area of influence (such as fishing and tourism). . Characteristics of the nearest population that uses or transits the site chosen for cultivation. Demographic, Cultural, Social, and economic. Indicate the possible interactions between the cultivation and the population (e.g.: Market, supply of products and services). . Local perception |
| 5 | Environmental diagnosis |
| - | Diagnosis of potential environmental impacts: Prevention, mitigation, and compensation measures for potential environmental impacts: Based on the technical characteristics of each marine aquaculture project, the SWMP, and the EER, the environmental consultant must provide a diagnosis of project elements as potential generators of environmental impacts (positive and negative) as well as the Environmental factors susceptible |
| to being impacted. |
|---|
| 6 | Environmental Management Plan (PGA): |
| 6.1 | Based on the diagnosis of potential environmental impacts, the Environmental Consultant must indicate the prevention, mitigation, and compensation measures that will be applied during the development of the cultivation, as well as the contingency plan and summary of environmental commitments. This must include the solid and liquid waste management plan (SWMP) (Garbage, Wastewater, Blackwater, Animal by-product, Hydrocarbons, Disinfectants, Antibiotics), which must ensure that no detriment is caused to the surrounding ecosystems. |
| 6.2 | Environmental Management Plan Chart: |
| 6.3 | Monitoring and Supervision |
| 6.4 | Contingency Plan (PC) |
| 6.5 | Total Investment Amount (including cost of equipment and infrastructure). |
| 7 | Professional team that should prepare the PGA |
| 7.1 | The environmental consultants who participate in the Mariculture evaluation processes must be duly registered in the SETENA Registry of Consultants. This does not apply to professionals who prepare and are contracted for the preparation of specific studies according to the instrument. The studies and recommendations included will be the specific responsibility of each professional who signs them, with the administration being responsible for reviewing them, in accordance with the contents established in this proposed Regulation. |
| 8 | Other terms |
| 8.1 | Presentation of proof of payment deposit (BNCR Account): Transfer receipt issued by the Bank. |
(Thus amended the preceding Table 9) by Article 1 of Executive Decree No. 45743 of February 25, 2026) Table 10: LARGE SCALE (D5-GE). EsIA TERMS OF REFERENCE FORM FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT STUDY (EsIA)
| Item | Topic |
|---|
| 1 | General index |
| 2 | Environmental Impact Declaration (DIA) |
| 3 | Introduction and detailed description of the project |
| 3.1 | Project Summary: Must include a clear summary of the environment and the seafloor, construction, type of anchoring system, floating or fixed infrastructure, type, dimensions and volume of each cultivation enclosure, expected stocking and harvest densities, expected growth and mortality, type of food and feed conversion ratio, expected total biomass production (according to the technology and installed capacity and harvest and sale process). |
| 3.1.1 | Location map: Shape file with the official projection system (CRTM05) and a map of the Project Area (AP) and the Areas of Influence (AI) |
| 3.1.2 | Design of the work or project: A general plan signed by a professional (Naval Engineer or Constructor) must be provided. It must include all its parts and dimensions |
| 3.1.3 | Estimated Project Area and areas of influence |
| 3.1.4 | Technical justification of the Project |
| 3.1.5 | Cultivation processes |
| 3.1.5.1 | Construction: p) Present a technical description of how the construction will be carried out, including a map with the location, coordinates, and political-administrative reference. q) Describe the materials, equipment, and supplies to be used. r) Provide a solid and liquid waste management plan during construction that includes organic and inorganic waste), wastewater, ordinary and special water, and hydrocarbons or other chemical agents used in the construction of the activity. s) Indicate the quantity of labor to be employed. t) Describe the process and estimated execution time |
| 3.1.5.2 | Operation: . Describe the materials, equipment, and supplies to be used. . Inventory and management of raw materials and hazardous substances in this phase. Present technical data sheets for all chemical and biological agents used. . Indicate the quantity of labor to be employed. . Describe the process of each production stage and estimated execution time |
Commercialization:
. Describe the packaging, transportation, and commercialization process of the products . Describe the materials, equipment, and supplies to be used . Inventory and management of raw materials and hazardous substances in this phase. Present technical data sheets for all chemical and biological agents used.
. Indicate the quantity of labor to be employed.
. Present a flowchart of the project from construction to commercialization 3.2 Closure phase Description of the proposed activities for closure:
- Application schedule Responsible parties 4 Description of legal regulations - Legal framework 5 Physical Environment Description of the following aspects:
o General physical environment o Extreme events recorded in the area.
o Analysis of the seafloor composition (soil type and benthos fauna).
Methodology:
. Its execution during a spring tide (during a full or new moon phase) 5.1 . Sampling must be carried out every two hours in each phase (flood and ebb), 6 data collections, . Data collection must be done at the 4 cardinal points at an adequate distance (depending on the cultivation area) from the central point where the enclosures will be located.
. Sampling must be done at the surface, at the bottom of the production enclosure, and at the seafloor. In case the depth from the enclosure to the bottom exceeds 10 meters, a measurement must be taken every additional 10 meters.
. The study and analysis must have the endorsement (signature) of a marine biologist or oceanographer duly registered with the corresponding professional association.
Area of influence and expected impact of the distribution of unconsumed food and nitrogenous waste excreted by the organisms (suspended solids hereinafter).
5.2 Methodology:
. Present an analysis of the transport of suspended solids by currents. Must indicate the estimated percentages of unconsumed food expected.
. Present a diagram (sketch) showing the surface (cultivation enclosures), water column influenced by the cultivation, dispersion flow of dissolved solids, and bottom area where dissolved solids could arrive due to currents).
. Make an ecological description of the general characteristics of the water column and the area of the seafloor defined in the previous point. In the column, describe the taxonomic groups present and approximate quantity per group. On the bottom, lists of taxonomic groups present, approximate quantity per group, area of coverage in approximate square meters, and habitat percentage of each group in the total area must be included.
. Estimate the potential impact of excreta and food on the taxonomic groups in the area of influence.
The study and analysis must have the endorsement (signature) of a marine biologist duly registered with the corresponding professional association.
5.3 Basic physicochemical composition of the water at the surface, bottom of the enclosures, and area of influence on the bottom:
Describe the following parameters at the central coordinate of the potential cultivation site:
. Dissolved oxygen . Temperature . pH . Turbidity (surface) . Salinity . BOD Conductivity 5.4 Analysis of the potential impact of cultivation on key species:
They must be officially registered as present in the area of influence determined by the dispersion study of suspended solids and the area of the floating infrastructure. Marine species included in Appendix I of CITES (endangered).
5.5 Ecological Assessment (EER):
By means of immersion (diving) and through transects, the types and distribution of the main plant and animal taxonomic groups present, both in the water column and on the seafloor, must be characterized. The EER must be carried out and signed solely by a licensed marine biologist; photographs of said work must be provided showing the clear participation of the marine biologist, as well as the diving license or its respective certified copy. It must also include a biological analysis of the benthos.
6 Socioeconomic Environment
| - | Regarding the socioeconomic environment, the following must be described: . Marine activities carried out in the area of influence (fishing, tourism, others). . Characteristics of the nearest population that uses or transits the site chosen for cultivation. Demographic, Cultural, Social, and economic. Indicate the possible interactions between the cultivation and the population (e.g.: Market, supply of products and services, others). . Local perception: Through quantitative methodologies. |
|---|
| 7 | Environmental diagnosis |
| 7.1 | Project elements generating environmental impacts |
| 7.2 | Environmental factors susceptible to being impacted |
| 7.3 | Diagnosis of potential environmental impacts: Based on the technical characteristics of each marine aquaculture project, the SWMP, and the EER, the environmental supervisor must provide a diagnosis of project elements such as: . Potential generators of environmental impacts (negative and positive) . Environmental factors susceptible to being impacted. . Environmental Impacts that the Project will produce and their options . Selection of the project option . Environmental susceptibility map where all components of the Project are considered. |
| 8 | Environmental Management Plan (PGA): |
| 8.1 | Based on the diagnosis of potential environmental impacts, the Environmental Consultant must indicate the prevention and mitigation measures that will be applied during the development of the cultivation, as well as the contingency plan and summary of environmental commitments. This must include the solid and liquid waste management plan (SWMP) (organic and inorganic waste, Wastewater, Blackwater, Animal by-product, Hydrocarbons, Disinfectants, Antibiotics). |
| 8.2 | Impact Assessment and Environmental Control Measures: Impact and environmental control measures on: . Physical Environment (on each of the components analyzed in the physical chapter) . Biotic Environment (on each of the components analyzed in the biological chapter) . Socioeconomic Environment (on each of the components analyzed in the socioeconomic chapter) . Analysis of the synergistic effects of other similar projects that are under construction and operation within the direct and indirect area of influence. |
| 8.3 | Environmental Management Plan Chart: |
| 8.4 | Monitoring and Supervision |
|---|
| 8.5 | Contingency Plan (PC) |
| 8.6 | Total Investment Amount (including equipment and infrastructure cost). |
| 9 | Professional team that should prepare the EsIA |
| - | The environmental consultants who participate in the Mariculture evaluation processes must be duly registered in the SETENA Registry of Consultants. This does not apply to professionals who prepare and are contracted for the preparation of specific studies according to the instrument. In the EsIA, the developer of the activity, work, or project must have the services of an inter- and multidisciplinary team of professionals duly registered in the Registry kept by SETENA, to prepare the Environmental Impact Study. The studies and recommendations included will be the specific responsibility of each professional who signs them, with the administration being responsible for reviewing them, in accordance with the contents established in this proposed Regulation. |
| 10 | Other terms: |
| 10.1 | Presentation of proof of payment deposit (BNCR Account): Transfer receipt issued by the Bank. |
(Thus amended the preceding Table 10 by Article 1 of Executive Decree No. 45743 of February 25, 2026)
Guide for Environmental Indicators Definition:
Environmental Indicators are parameters that have the function of evaluating the current state of an environmental system (such as climate, a landscape, or an ecosystem), which, in turn, are difficult to measure or evaluate.
Environmental indicators help track progress in achieving environmental objectives (for example, sustainable development goals; their use facilitates monitoring and decision-making)1 .
1Environmental Indicators Technical report prepared by the United Nations Environment Programme - Regional Office for Latin America and the Caribbean. (UNEP/LAC-IGWG.XIV/lnf.11 of October 9, 2003.
The indicators must be measurable, verifiable, quantifiable, and/or qualitative and must contain a basic description.
For the Environmental Assessment that SETENA will supervise, it will focus on the review of compliance indicators, which have been classified into three types: l.
1. Type I: These are indicators that have available quantitative information and data, generated by constant monitoring. They correspond to a specific regulation.
2. Type II: These are indicators that contain information from complete or partial quantitative data, generated by constant monitoring, but additional or broader data or information is needed, as well as greater analysis and management thereof before a trend or status can be presented.
3. Type III: These are conceptual indicators for when there is insufficient data available; these may be descriptive, qualitative, and/or predictive.
Notes:
a. For Type III indicators, the PGA chart must be updated, in the environmental monitoring stage, when at the design and EIA level more detailed information is available to generate Type I indicators.
b. It must be contemplated that, at the time of presenting the Supervision Reports, all Type III indicators must be presented in terms of Type I indicators.
c. Record and correction in logbook (PGA Chart).
Glossary of definitions relevant to this decree l. Definitions 1.1. Aquaculturist: Natural or legal person who habitually engages in the production of flora and fauna organisms in aquatic environments, under controlled conditions. (Article No. 2 of the Fisheries and Aquaculture Law) 1.2. Aquaculture: Commercial production in captivity of aquatic animals and plants under controlled conditions. Commercial aquaculture implies the individual or collective ownership of the cultivated organisms, as well as the processes of transport, industrialization, and commercialization of those organisms. (Article No. 2 of the Fisheries and Aquaculture Law) 1.3. Mariculture: Mariculture is a specialized branch of aquaculture involved in the cultivation of marine organisms for food products in naval cultivation structures located in the open sea, in an enclosed section of the ocean, a practice that differs from inland aquaculture, which uses ponds or channels filled with water from the intertidal zone.
1.4. Integrated multi-trophic aquaculture: It is a practice in which the by-products (wastes) of some species are recycled to serve as inputs (fertilizers, food) for others. Aquaculture, in which feed is used (for example: fish, shrimp), combined with aquaculture of inorganic extractors (seaweeds) and with aquaculture of organic extractors (mollusks), with the aim of creating a balanced system for environmental sustainability (biomitigation), economic stability (product diversification and risk reduction), and social acceptability (better management practices).
1.5. Concession: Legal act through which MINAE confers on natural and legal persons a limited right of sustainable use over the waters for the development of aquaculture activities for the production and use of certain species, under the terms and conditions expressly established in said contract. (Article No. 101 of the Fisheries and Aquaculture Law, Law No. 8436) 1.6. Environmental Consultant: Natural or legal person who is registered in the registry of consultants of SETENA, to provide technical advice to a developer of activities, works, or projects and who is responsible for the preparation of the EIAs that are submitted to SETENA.
(Thus amended the preceding point by Article 1 of Executive Decree No. 45743 of February 25, 2026)
1.7. Sworn Statement of Environmental Commitments (DJCA): Declaration made under oath, in which the developer of the activity, work, or project commits to fully and completely comply with the terms and conditions stipulated in the Environmental Management Plan, or those other guidelines emanating from the Environmental Impact Assessment process.
(Thus amended the preceding point by Article 1 of Executive Decree No. 45743 of February 25, 2026)
1.8. Developer: It is the natural or legal person, public or private, who is legally empowered to carry out the activity, work, or project and who acts as its developer before SETENA and has a direct interest in carrying it out. It is also who will assume the environmental commitments and will be directly responsible for their compliance.
(Thus amended the preceding point by Article 1 of Executive Decree No. 45743 of February 25, 2026)
1.9. Potential Environmental Impact (IAP): Latent positive or negative environmental effect that the execution of an activity, work, or project would cause on the environment. It can be pre-established, taking as a reference base the environmental impact caused by the generality of similar activities, works, or projects that are already in operation.
(Thus amended the preceding point by Article 1 of Executive Decree No. 45743 of February 25, 2026)
1.10. Registry: Form by which natural or legal persons, public or private, register with SETENA the fishing and aquaculture activities of didactic promotion and with research purposes, in order to acquire the environmental commitment in accordance with what is established in the Code of Good Environmental Practices (Executive Decree No. 32079)".
(Thus amended the preceding point by Article 1 of Executive Decree No. 45743 of February 25, 2026)
1.11. Environmental Viability (License) (VLA): Represents the condition of harmonization or acceptable balance, from the point of view of environmental load, between the development and execution of an activity, work, or project and its potential environmental impacts, and the environment of the geographic space where it is intended to be implemented. From the administrative and legal point of view, it corresponds to the act in which the Environmental Impact Assessment process is approved, whether in its Initial Environmental Assessment phase, or Environmental Impact Study phase, or another EIA document.
(Thus amended the preceding point by Article 1 of Executive Decree No. 45743 of February 25, 2026)