This Executive Decree enters into force upon its publication in the Official Gazette La Gaceta.
Given in the province of Guanacaste, on the eleventh day of December of the year two thousand twenty.
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 preparation 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 produced. This is because the characteristics of the geographic space and the project, work, or activity to be developed will determine the applicability of the topics in the EIA Guide and the depth required by the environmental impact assessment instrument to be prepared. This same principle is also used by SETENA to evaluate 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 appearing first in the list of authors. The co-authoring professionals will be responsible for the thematic content of their specific discipline and the general assessment terms linked 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. Pursuant to 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 environmental impact with productive processes.
4. The guide is directed at all those cultures carried out directly in the sea; it does not include inland coastal aquaculture such as shrimp farms in lagoons or seed production laboratories, since their characteristics differ significantly from marine farms. In this context, it is recommended that another process analyze improvements in the processes for obtaining environmental feasibility licenses for shrimp farms and especially for seed production laboratories (fish, shrimp, mollusks, other emerging species).
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 pending greater diversification of the activity, it has been deemed appropriate that the scales be established according to each group of species (fish, bivalve mollusks, and marine shrimp).
7. It has been considered necessary, for the purposes of requesting an environmental feasibility license (viabilidad ambiental) from SETENA, to establish four scales based on the annual production of each species group 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 unviable. Each scale suggests the spatial location in relation to protected wilderness areas as established in the National System of Conservation Areas SINAC (Figure 1).
SCALES FOR MARICULTURE The proposed scales for processing the environmental feasibility license (viabilidad ambiental) are:
1. Social-Family Aquaculture Represents cultures of marine aquatic organisms carried out by a family unit 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 coastal marine zones of the country. They are characterized by being activities with low potential environmental impact, even if located in protected marine areas whose legal constitution permits these types of activities, according to the National System of Conservation Areas SINAC. They are Projects considered for registration (D5-SF). The production limits will depend on each species group as shown in Table 1, and the requirements to apply for the environmental approval in Table 2.
2. Small Scale:
Cultures of marine aquatic organisms with a low production in kilograms per year. Considered projects of low potential environmental impact. Projects at this scale cannot be carried out within the limits of protected marine areas, unless the feasibility of this activity is established in the General Management Plans and its category according to the National System of Conservation Areas SINAC permits it; likewise, they must maintain a minimum distance of 100 meters from their floating infrastructure to the boundary of any protected wilderness area and shall not affect the sustainability of coral reefs and/or seagrasses and/or mangrove ecosystems, whatever their location, inside or outside protected wilderness areas. They are Projects submitted with a Sworn Declaration of Environmental Commitments (D5-PE). The production limits at this scale will depend on each species group according to Table 1, and the requirements to apply for the environmental approval in Table 3.
3. Medium Scale:
Cultures of marine aquatic organisms with a medium production in kilograms per year. Considered projects of Moderate Potential Environmental Impact. Projects at this scale cannot be carried out within the limits of protected marine areas according to the National System of Conservation Areas SINAC and shall not affect the sustainability of coral reefs and/or seagrasses, and/or mangrove ecosystems, whatever their location, inside or outside protected wilderness areas; likewise, they must maintain a minimum distance of 500 meters from their seabed impact area boundary to the boundary of any protected wilderness area. They must be evaluated according to the requirements (D5-ME). The production limits at this scale will depend on each species group from Table 1, and the requirements to apply for the environmental approval in Table 4.
4. Large Scale:
Cultivation of marine aquatic organisms with a high production in kilograms per year. Considered projects of Moderate to higher Potential Environmental Impact. Projects at this scale cannot be carried out in protected marine areas according to the National System of Conservation Areas SINAC and shall not affect the sustainability of coral reefs and/or seagrasses and/or mangrove ecosystems, whatever their location, inside or outside protected wilderness areas; likewise, they must maintain a minimum distance of 1000 meters from their seabed impact area boundary to the boundary of any protected wilderness area. They must be evaluated using the requirements (D5-GE). The production limits at this scale will depend on each species group from Table 1, and the requirements to apply for the environmental approval in Table 5.
Table 1. Mariculture culture scales by type of marine organism (Instructive for the assessment of environmental impacts)
| Scale / Production (Kg/year) | Fish (De-boned/Eviscerated) (kg) | Bivalve Mollusks (kg) (Oysters / Mussels) | Marine Shrimp (kg) (Whole / Headless) |
|---|
| Social - Family 1 | Less than 3,500 | Less than 8,000 | Less than 3,500 |
| Small Scale 2 | From 3,501 to 7,500 | From 8,001 to 17,000 | From 3,501 to 36,000 |
| Medium Scale 3 | From 7,501 to 15,000 | From 17,001 to 35,000 | From 36,001 to 72,000 |
| Large Scale 4 | Greater than 15,000 | Greater than 35,000 | Greater than 72,000 |
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.
Production (Kg/year) is established for whole headless shrimp, eviscerated fish, and whole oysters with both shells.
The environmental feasibility license (viabilidad ambiental) for integrated multi-trophic aquaculture (see definitions) will be permitted and incentivized for its environmental sustainability benefits at the different production scales (social/family, small, medium, and large scale). The category to apply according to the type of organism (Table 1) will depend on the species that exceeds 60% of production. For example, if 60% fish and 40% mollusks are cultivated, the marine fish 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 comprehensive plan of the project.
In the event that an area is requested that does not correspond to the technical description of the project, with the intention of covering more area than necessary, the feasibility license could be rejected or, alternatively, an approval would be granted for a smaller area consistent with the project's actual production and technology.
In the event that the production of a culture project increases its production to reach the levels of a higher scale, the project manager must submit the remaining requirements of the new scale.
For the granting of the environmental feasibility license (viabilidad ambiental), the distance between the boundaries of each culture area requested for concession must be respected, as provided in the following table:
Table 2. Minimum distance in meters between the boundary of a culture area requested for concession between the same and the other scales
| Scale | Social - Family | Small Scale | Medium Scale | Large Scale |
|---|
| Social - Family | No restriction | 100 m | 500 m | 1000 m |
| Small Scale | 100 m | No restriction | 500 m | 1000 m |
| Medium Scale | 500 m | 500 m | No restriction | 500 m |
| Large Scale | 1000 m | 1000 m | 500 m | No restriction |
Forms for the Mariculture activity by type of instrument Table 3: Registration Form (D5: SOCIAL/FAMILY) FUNDAMENTAL ENVIRONMENTAL COMMITMENT CLAUSE: This environmental registration is granted on the understanding that the developer of the project, work, or activity will fully and completely comply with all technical, legal, and environmental regulations and standards in force in the country and to be executed by other authorities of the Costa Rican state. Non-compliance with this clause by the developer will not only make them liable to the sanctions implied by the non-compliance with said regulation, but also, as this constitutes the fundamental basis upon which the environmental registration rests, will automatically render said registration null and void with the technical, administrative, and legal consequences that this has for the activity, work, or project and for its developer, particularly regarding the scope of the application of Article 99 of the Organic Law of the Environment.
NON-TRANSFERABILITY CLAUSE: The undersigned commits not to make another request for approval for the same purposes while the project for which the feasibility license was requested is under development; likewise, they must declare that they will not lease, sell, or transfer to third parties the concession with the environmental approval requested through this means.
(Table N° 3 above corrected by Fe de Erratas and published in Alcance Digital N° 177 to La Gaceta N° 173 of September 8, 2021, page N° 2) Table 4. D5-SWORN DECLARATION OF ENVIRONMENTAL COMMITMENTS (DJCA)
| D5-SWORN DECLARATION OF ENVIRONMENTAL COMMITMENTS (DJCA) |
|---|
| Legal basis: |
| Regulation: |
| Developer Information |
| Environmental Consultant Information |
| Project Information |
| Location |
| Project Description |
| Description of the Environmental and Social Setting Area (ASA) |
| Environmental Description: |
| Social Description: |
| Identification of Potential Environmental and Social Impacts |
| Environmental Management Plan (PGA) |
| Preventive Measures |
| Mitigation Measures |
| Compensatory Measures |
| Emergency Response Plan |
| Environmental Monitoring and Reporting |
| Source(s) of Information Cited |
| FUNDAMENTAL ENVIRONMENTAL COMMITMENT CLAUSE |
| Notary Public Signature |
| Signature of the Responsible Environmental Consultant |
| Signature of the Developer or Legal Representative |
Table 5.-D5-PROGNOSIS ENVIRONMENTAL MANAGEMENT PLAN (P-PGA)
| D5-PROGNOSIS ENVIRONMENTAL MANAGEMENT PLAN (P-PGA) |
|---|
| Legal basis: |
| Regulation: |
| Developer Information |
| Environmental Consultant Information |
| General Project Information |
| Specific Project Location |
| Project Justification |
| Project Description and Stages |
| Description of the Construction Phase |
| Description of the Operation Phase |
| Description of the Closure Phase |
| Environmental Setting Area (ASA) |
| General Area Description |
| Location of the Environmental Setting Area |
| Physical Environment |
| Biological Environment |
| Socioeconomic and Cultural Environment |
| Environmental Impact Assessment |
| Identification of Impacts |
| Impact Assessment |
| Results |
| Environmental Management Plan (PGA) |
| Objectives |
| Implementation Schedule |
| Preventive, Mitigative, and Compensatory Measures for the Construction Phase |
| Preventive, Mitigative, and Compensatory Measures for the Operation Phase |
| Preventive, Mitigative, and Compensatory Measures for the Closure Phase |
| Emergency Response Plan |
| Information Sources |
| FUNDAMENTAL ENVIRONMENTAL COMMITMENT CLAUSE |
| Notary Public Signature |
| Signature of the Responsible Environmental Consultant |
| Signature of the Developer or Legal Representative |
Table 6. D5- ENVIRONMENTAL IMPACT STUDY (EsIA)
| D5-ENVIRONMENTAL IMPACT STUDY (EsIA) |
|---|
| Legal basis: |
| Regulation: |
| Developer Information |
| Environmental Consultant Information |
| General Project Information |
| Specific Project Location |
| Project Justification |
| Project Description and Stages |
| Description of the Construction Phase |
| Description of the Operation Phase |
| Description of the Closure Phase |
| Environmental Setting Area (ASA) |
| General Area Description |
| Location of the Environmental Setting Area |
| Physical Environment |
| Biological Environment |
| Socioeconomic and Cultural Environment |
| Environmental Impact Assessment |
| Identification of Impacts |
| Impact Assessment |
| Results |
| Environmental Management Plan (PGA) |
| Objectives |
| Implementation Schedule |
| Preventive, Mitigative, and Compensatory Measures for the Construction Phase |
| Preventive, Mitigative, and Compensatory Measures for the Operation Phase |
| Preventive, Mitigative, and Compensatory Measures for the Closure Phase |
| Emergency Response Plan |
| Information Sources |
| FUNDAMENTAL ENVIRONMENTAL COMMITMENT CLAUSE |
| Notary Public Signature |
| Signature of the Responsible Environmental Consultant |
| Signature of the Developer or Legal Representative |
Requirements for each scale of Mariculture according to instrument The requirements contemplated in this Executive Decree are unique and invariable by the parties for obtaining the environmental feasibility licenses (viabilidades ambientales) in Mariculture according to each scale.
Table 7: SOCIAL/FAMILY (D5-SF). Registration
| SOCIAL/FAMILY (D5-SF) |
|---|
| F1. Complete the D5-SF Form in its entirety (See Annex 2, Table 3) |
| F2. Project Profile describing the project with the installed production capacity (Kg/year); general location of the project in cadastral map sheets. |
| F3. Copy of the Aquaculture License or authorization issued by the Aquaculture Department of INCOPESCA. |
| F4. Certification issued by the Technical Secretariat of the National System of Conservation Areas (SINAC) indicating that the project does not affect protected wilderness areas or their ecological sustainability (coral reefs, seagrasses, mangroves). |
Time for Granting the Environmental Feasibility License (Viabilidad Ambiental) by SETENA: No more than 10 business days, subject to compliance with and completion of the form in Table 3.
(Table 7 above corrected by Fe de Erratas and published in Alcance Digital N° 177 to La Gaceta N° 173 of September 8, 2021, page N° 2) Table 8: SMALL SCALE (D5-PE). DJCA
| SMALL SCALE (D5-PE) |
|---|
| P1. Complete the D5-DJCA Form in its entirety (See Annex 2, Table 4). |
| P2. Copy of the Aquaculture License issued by the Aquaculture Department of INCOPESCA. |
| P3. Certification issued by the Technical Secretariat of the National System of Conservation Areas (SINAC) indicating that the project is located outside the limits of protected wilderness areas and does not affect their ecological sustainability (coral reefs, seagrasses, mangroves). This certification must also indicate the minimum distance of 100 meters from its floating infrastructure to the boundary of the protected wilderness area. |
| P4. Project Profile describing the project with the installed production capacity (Kg/year); general location of the project in cadastral map sheets. |
Time for Granting the Environmental Feasibility License (Viabilidad Ambiental) by SETENA: No more than 30 business days, subject to compliance with and completion of the form in Table 4.
(Table 8 above corrected by Fe de Erratas and published in Alcance Digital N° 177 to La Gaceta N° 173 of September 8, 2021, page N° 2) Table 9: MEDIUM SCALE (D5-ME) P-PGA CONTENTS FOR PROGNOSIS - ENVIRONMENTAL MANAGEMENT PLAN*
| MEDIUM SCALE (D5-ME) |
|---|
| M1. Complete the D5-P-PGA Form in its entirety (See Annex 2, Table 5). |
| M2. Copy of the Aquaculture License issued by the Aquaculture Department of INCOPESCA. |
| M3. Certification issued by the Technical Secretariat of the National System of Conservation Areas (SINAC) indicating that the project is located outside the limits of protected wilderness areas and does not affect their ecological sustainability (coral reefs, seagrasses, mangroves). This certification must also indicate the minimum distance of 500 meters from its seabed impact area boundary to the boundary of the protected wilderness area. |
| M4. Bathymetric survey of the seabed indicating depths and types of substrate in the area of influence of the project. |
| M5. Modeling of currents and dispersion of nutrients and organic matter, considering the culture area and the area of direct influence. |
*The P-PGA must be prepared by a Professional Environmental Consultant duly registered with SETENA.
Time for Granting the Environmental Feasibility License (Viabilidad Ambiental) by SETENA: No more than 40 business days plus a prudential time for correction, subject to compliance with and completion of the form in Table 5.
(Table 9 above corrected by Fe de Erratas and published in Alcance Digital N° 177 to La Gaceta N° 173 of September 8, 2021, page N° 2) Table 10: LARGE SCALE (D5-GE). EsIA MINISTRY OF ENVIRONMENT AND ENERGY NATIONAL ENVIRONMENTAL TECHNICAL SECRETARIAT TERMS OF REFERENCE FORM FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT STUDY (EsIA)
| LARGE SCALE (D5-GE) |
|---|
| G1. Complete the D5-EsIA Form in its entirety (See Annex 2, Table 6). |
| G2. Copy of the Aquaculture License issued by the Aquaculture Department of INCOPESCA. |
| G3. Certification issued by the Technical Secretariat of the National System of Conservation Areas (SINAC) indicating that the project is located outside the limits of protected wilderness areas and does not affect their ecological sustainability (coral reefs, seagrasses, mangroves). This certification must also indicate the minimum distance of 1000 meters from its seabed impact area boundary to the boundary of the protected wilderness area. |
| G4. Complete oceanographic study: bathymetric survey of the seabed; modeling of currents and dispersion of nutrients and organic matter; characterization of water quality (temperature, salinity, dissolved oxygen, turbidity, nutrients, chlorophyll a); characterization of benthic communities in the area of influence. |
| G5. Carrying capacity study of the water body for the proposed culture, according to internationally accepted methodologies. |
| G6. Risk analysis for the project, considering extreme natural events and climate change. |
Time for Granting the Environmental Feasibility License (Viabilidad Ambiental) by SETENA: No more than 60 business days, subject to compliance with the requirements requested in Table 6.
(Table 10 above corrected by Fe de Erratas and published in Alcance Digital N° 177 to La Gaceta N° 173 of September 8, 2021, page N° 2)
Guide to 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, the objectives of sustainable development; 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/Inf.11 of October 9, 2003).
Indicators must be measurable, verifiable, quantifiable, and/or qualitative and must contain a basic description.
For the Environmental Assessment that SETENA will oversee, the review will focus on compliance indicators, which have been classified into three types:
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 complete or partial quantitative data information, generated by constant monitoring, but additional or broader data or information is needed, as well as greater analysis and management of it before being able to present a trend or status.
3. Type III: These are conceptual indicators for when sufficient data are not available; these may be descriptive, qualitative, and/or predictive.
Notes:
a. For Type III indicators, the Environmental Management Plan (PGA) table must be updated, in the environmental follow-up stage, when at the design and EIA level, more detailed information is available to generate Type I indicators.
b. It must be considered that, when submitting Supervision Reports, all Type III indicators must be presented in terms of Type I indicators.
c. Record and correction in the logbook (PGA Table).
Glossary of relevant definitions for this decree
I. 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 N ° 2 of the Fisheries and Aquaculture Law) 1.2. Aquaculture: Commercial production in captivity of aquatic animals and plants in controlled conditions. Commercial aquaculture implies the individual or collective ownership of the cultured organisms, as well as the processes of transport, industrialization, and commercialization of those organisms. (Article N º 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 culture structures located in open sea, in a closed 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 (waste) 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 the aquaculture of inorganic extractors (seaweed) and with the aquaculture of organic extractors (mollusks), with the purpose 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 by which MINAE confers upon natural and legal persons a limited right to the sustainable use of waters for the development of aquaculture activities for the production and use of specific species, under the terms and conditions expressly established in said contract. (article No. 101 of the Ley de Pesca y Acuicultura, Law No. 8436) 1.6. Environmental Consultant: Natural person registered in the SETENA consultant registry to provide technical advice to a developer of activities, works, or projects, and who is responsible for preparing the environmental impact assessments (Evaluación de Impacto Ambiental, EIA) submitted to SETENA, in accordance with the provisions of these regulations. (Article No. 3, DE No. 31849-MINAE-SALUD-MOPT-MAG-MEIC) 1.7. Sworn Statement of Environmental Commitments (Declaración Jurada de Compromisos Ambientales, DJCA): Manifestation made under oath, granted in a public deed before a notary public, in which the developer of the activity, work, or project undertakes to fully and totally comply with the terms and conditions stipulated in the Environmental Management Prognosis-Plan, or those other guidelines emanating from the Environmental Impact Assessment process. (Article No. 3, DE No. 31849-MINAE-SALUD-MOPT-MAG-MEIC) 1.8. Developer: The natural or legal person, public or private, who is legally authorized to carry out the activity, work, or project, and who acts as its proponent 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 fulfillment. (Article No. 3, DE No. 31849-MINAE-SALUD-MOPT-MAG-MEIC) 1.9. Potential Environmental Impact: A 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, using as a reference base the environmental impact caused by the generality of similar activities, works, or projects that are already in operation. (Article No. 3 of DE No. 31849-MINAE-SALUD-MOPT-MAG-MEIC) 1.10. Permit: A special administrative act by which natural or legal persons, public or private, are authorized to carry out fishing and aquaculture activities for promotion, didactic purposes, and research, under the terms indicated in article No. 2 of the Ley de Pesca y Acuicultura, Law No. 8436 (The preceding subsection was corrected by means of an Erratum published in Alcance Digital No. 177 to La Gaceta No. 173 of September 8, 2021, which corrected the content of this subsection) 1.11. Environmental Viability (License) (Viabilidad (Licencia) Ambiental, VLA): It 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 geographical space where it is to be implemented. From an administrative and legal standpoint, it corresponds to the act by which the EIA process is approved, whether in its Initial Environmental Evaluation phase, its Environmental Impact Study phase, or another EIA document. (Article No. 3 of DE No. 31849-MINAE-SALUD-MOPT-MAG-MEIC).