In accordance with the provisions of Article 4 of Law No. 9814, new use permits for sustainable shrimp aquaculture and sustainable salt production shall be granted, only for individual or associative production, when the following conditions are met:
- a)That the activity is carried out by natural or legal persons, in already impacted areas where a use permit for shrimp or salt production previously existed, in accordance with the requirements established in this regulation.
- b)That the permit does not affect ecological processes of regeneration, rehabilitation, or ecosystem restoration (restauración ecosistémica), according to a prior determination of said condition made by SINAC.
- c)That the activity is identified as one of the permitted uses in the General Wetland Management Plan and located in an area permitted for the activity, according to the Joint Management Plans for the Use of Marine Resources of the Wetlands.
- d)That it complies with the submission of the use permit application and the requirements established in this regulation.
For the purposes of verifying compliance with subsections a), b), and c), the following procedure shall be followed:
**Article 10** 1. SINAC shall carry out a national information survey of all those use permits that are expired and have not been renewed, in order to identify areas that meet the conditions provided in Article 4 of Law No. 9814, for the granting of new use permits. Based on this survey, the National Registry of Use Permits for Shrimp Aquaculture and Salt Production in Impacted Mangrove Areas that are not undergoing a restoration process shall be created.
2. The National System of Conservation Areas, through the corresponding Conservation Area, shall conduct field inspections in the areas identified according to the preceding point, for the purpose of verifying the conditions in relation to subparagraphs b) and c) of this article, issuing the respective report which shall also contain the pertinent technical recommendation.
3. SINAC must delimit the area to that established in the original use permit; the measurement must be carried out by accredited surveyors. The original official area may be readjusted if, in accordance with current measurement instruments and under a due case study, it is technically determined that the area difference is due to the margin of measurement error of the technique initially used.
Except as provided above, in the event that the area in use is larger than that provided for in the original use permit, it must be adjusted to match the original area. In the event that, within the area originally granted in the use permit, there are sites that do not qualify for the granting of a new use permit due to their ecological conditions and sites that do qualify due to their degree of impact or current use, the pertinent area reduction shall be carried out and the permit holder shall be notified of all actions taken.
With the objective of guaranteeing the recovery, restoration, and rehabilitation of ecosystems, in the case of impacted areas whose closure was ordered by an administrative authority, due to non-compliance with environmental regulations, the terms and conditions established in the original use permit, or illegal occupation of adjacent State areas; new use permits may be granted, provided that the area designated for production coincides and is located within the limits established in the original use permit and complies with the provisions of the zoning. Said permit shall be granted preferentially to whoever demonstrates a commitment to restoring the damage caused by the previous permit holder. Compliance with the commitment assumed by the permit holder through restoration and rehabilitation actions shall be supervised and verified by the Conservation Area personnel.
All cases with the conditions provided herein and the requirements must be submitted for analysis and resolution to the respective Conservation Area, within the deadlines established by Law No. 9814.
**Article 11.- Requirements for processing new use permits for shrimp aquaculture.** The permit holder must meet the following requirements to process the application for use permits for shrimp aquaculture in impacted mangrove areas:
- a)Permit application duly signed by the permit holder that complies with the provisions of Article 285 of the General Public Administration Law No. 6227. In the event that the permit holder is a legal entity, it must be signed by the legal representative of the company and provide certification of current legal status.
- b)Comprehensive Management Plan for the Cultivation System duly signed by the Environmental Regent and approved by the Costa Rican Institute of Fisheries and Aquaculture. Said Plan must contain an attached Chapter stipulating that the use will not impact or cause detriment to the ecological characteristics of the mangrove, considering the possible cumulative effects arising for the total area of the surrounding mangrove and the use permits already granted in the adjacent areas, as well as mitigation activities in order to prevent possible cumulative effects, which shall be determined in the Manual of Good Practices for the Sustainable Production of Salt and Farmed Shrimp in Conventional and Organic Modalities.
- c)Being up to date with employer-employee obligations before the Costa Rican Social Security Fund and with tax obligations before the Ministry of Finance.
- d)Being up to date with obligations before the Directorate General of Social Development and Family Allowances, which administers the Social Development and Family Allowances Fund (FODESAF), as provided in Article 15 and Article 22, subsection a) of Law No. 8783, titled: Reform Law of Social Development and Family Allowances, No. 5662, Disability Pension with Dependents Law No. 7636, ICODER Creation Law, No. 7800, National Financial System for Housing Law No. 7052, and National Scholarship Fund Creation Law.
- e)Copy of the environmental regency contract.
- f)Perimeter survey of the area in which the shrimp production activity is intended to be carried out, which must coincide with the original area extended in the original resolution. The area may be located on the 1:5,000 scale Cartographic Sheet or orthophoto from the SNIT.
- g)Number of the environmental viability resolution (resolución de viabilidad ambiental) granted by the National Environmental Technical Secretariat, when applicable.
- h)Place or means for receiving notifications.
**Article 12.- Requirements for processing new use permits for salt production.** The permit holder must meet the following requirements to process the application for use permits for salt production in areas of State Natural Heritage dedicated to this productive activity:
- a)Permit application duly signed by the permit holder that complies with the provisions of Article 285 of the General Public Administration Law No. 6227. In the event that the permit holder is a legal entity, it must be signed by the legal representative of the company and provide certification of current legal status.
- b)Being up to date with employer-employee obligations before the Costa Rican Social Security Fund and tax obligations before the Ministry of Finance.
- c)Being up to date with obligations before the Directorate General of Social Development and Family Allowances, which administers the Social Development and Family Allowances Fund (FODESAF), as provided in Article 15 and Article 22, subsection a) of Law No. 8783, titled: Reform Law of Social Development and Family Allowances, No. 5662, Disability Pension with Dependents Law No. 7636, ICODER Creation Law, No. 7800, National Financial System for Housing Law No. 7052, and National Scholarship Fund Creation Law.
- d)Comprehensive Management Plan for the development of the sustainable salt production activity.
- e)Copy of the environmental regency contract.
- f)Perimeter survey of the original permit area, which must coincide with the original area extended in the original resolution. The area may be located on the 1:5,000 scale Cartographic Sheet or orthophoto from the SNIT.
- g)1:5,000 scale Cartographic Sheet with the location of the area to be extended.
- h)Provide the number of the environmental viability resolution (resolución de viabilidad ambiental) granted by the National Environmental Technical Secretariat, when applicable.
- i)Place or means for Notifications.
**Article 13.- Issuance of the use permit.** Within a maximum period of 30 calendar days from the submission of the application, the Directorate of the respective Conservation Area shall issue the administrative resolution that decides on the use permit application, as applicable. Said administrative act may be appealed through a motion for reconsideration (revocatoria) before the same body and an appeal (apelación) before the National Council of Conservation Areas, under the rules established in the General Public Administration Law No. 6227.
In the event that the application is incomplete, a single written notification (prevención) shall be issued to the applicant to complete the omitted requirements in the application or to clarify or rectify the information, granting a period of up to thirty business days to complete or clarify. Said notification shall temporarily suspend the period for resolution.
In the event that the notification is not addressed by the applicant, the file shall be archived.
**Article 14.- Conditions.** The effectiveness of the authorization issued by the Directorate of the respective Conservation Area shall be conditional upon the permit holder presenting:
- a)Resolution number of the Registration of the Source and Concession for Surface Water Use granted by the Water Directorate.
- b)Certified copy by INCOPESCA or by a Notary Public of the authorization issued for the cultivation of aquatic organisms, in the case of permits for shrimp aquaculture.
- c)Certified copy by SENASA or by a Notary Public of the Veterinary Operations Certificate (CVO).
New use permits for salt production shall only be obligated to comply with the condition provided in subsection a) of this article.
**Article 15.- Validity of the Permit.** Each permit shall be granted for a validity period of ten years, renewable for equal periods at the request of the interested party, under the terms set forth in the General Management Plan and in these regulations.
**Article 16.- Fee.** The permit holder must make the payment of the annual fee (canon) for the use permit in the first quarter of each year and present a copy of the respective receipt within that same period. The fee shall be adjusted annually according to the previous year's inflation and shall be calculated per hectare.
**SECTION II** **Renewals of Use Permits** **Article 17.- Admissibility of Renewals.** Use permits for shrimp aquaculture and salt production may only be renewed in those cases where the following conditions are met:
- a)They were originally granted before the entry into force of the Forestry Law No. 7575 or were granted under the framework of Law No. 9814.
- b)They are in force on the date of the renewal application.
- c)The submission of the renewal application and the established requirements is fulfilled within the deadlines defined in these regulations.
**Article 18.- Submission.** The renewal application must be submitted by the permit holder at least 30 calendar days prior to the expiration of the current permit.
**Article 19.- Requirements for processing renewals of use permits for shrimp aquaculture.** The permit holder must meet the following requirements to process an application for renewal of use permits for shrimp aquaculture in mangrove areas:
- a)Renewal application duly signed by the permit holder that complies with the provisions of Article 285 of the General Public Administration Law No. 6227. In the event that the permit holder is a legal entity, it must be signed by the legal representative of the company and provide certification of legal status.
- b)Comprehensive Management Plan for the Cultivation System duly signed by the Environmental Regent and approved by the Costa Rican Institute of Fisheries and Aquaculture. Said Plan must contain an attached Chapter stipulating that the use will not impact or cause detriment to the ecological characteristics of the mangrove, considering the possible cumulative effects arising for the total area of the surrounding mangrove and the use permits already granted in the adjacent areas, in accordance with the provisions of the Joint Management Plans for the Use of Marine Resources of the Wetlands, as well as mitigation activities in order to prevent possible cumulative effects, which shall be determined in the Manual of Good Practices for the Sustainable Production of Salt and Farmed Shrimp in Conventional and Organic Modalities.
- c)Being up to date with employer-employee obligations before the Costa Rican Social Security Fund and with tax obligations before the Ministry of Finance.
- d)Being up to date with obligations before the Directorate General of Social Development and Family Allowances, which administers the Social Development and Family Allowances Fund (FODESAF), as provided in Article 15 and Article 22, subsection a) of Law No. 8783, titled: Reform Law of Social Development and Family Allowances, No. 5662, Disability Pension with Dependents Law No. 7636, ICODER Creation Law, No. 7800, National Financial System for Housing Law No. 7052, and National Scholarship Fund Creation Law.
- e)Copy of the environmental regency contract.
- f)Number of the resolution that granted the current water concession, issued by the Water Directorate of the Ministry of Environment and Energy.
- g)Certified copy by INCOPESCA or Notary Public of the current authorization issued for the cultivation of aquatic organisms, in the case of permits for shrimp aquaculture.
- h)The biannual evaluations of the Management Plan duly prepared by the environmental regent describing the biological and socioeconomic evaluation of the benefit of the ecosystem services produced in the State Natural Heritage.
- i)Certified copy by SENASA or by Notary Public of the current Veterinary Operations Certificate, in the case of permits for shrimp aquaculture, and the annual registration receipt.
- j)Regency Report on the execution of the last Comprehensive Management Plan for the Cultivation System implemented.
**Article 20.- Requirements for processing renewals of use permits for salt production.** The permit holder must meet the following requirements to process an application for renewal of a use permit for salt production in mangrove areas:
- a)Permit application duly signed by the permit holder that complies with the provisions of Article 285 of the General Public Administration Law No. 6227. In the event that the permit holder is a legal entity, it must be signed by the legal representative of the company and provide certification of legal status.
- b)Being up to date with employer-employee obligations before the Costa Rican Social Security Fund and with tax obligations before the Ministry of Finance.
- c)Being up to date with obligations before the Social Development and Family Allowances Fund (FODESAF), if applicable according to the provisions of Article 15 of the Social Development and Family Allowances Law No. 8783, or falling within the payment exceptions provided in said law.
- d)Comprehensive Management Plan for the development of the sustainable salt production activity.
- e)The biannual evaluations of the Management Plan describing the biological and socioeconomic evaluation of the benefit of the ecosystem services produced in the State Natural Heritage.
- f)Copy of the environmental regency contract.
- g)Number of the resolution that granted the current water concession, issued by the Water Directorate of the Ministry of Environment and Energy.
- h)Regency Report on the execution of the last Cultivation Management Plan implemented.
**Article 21.- Issuance of the resolution.** Within a maximum period of 30 calendar days once the application has been submitted, the Directorate of the respective Conservation Area shall issue the administrative resolution that decides on the application for the renewal of the use permit, as applicable. Said administrative act may be appealed through a motion for reconsideration (revocatoria) before the same body and an appeal (apelación) before the National Council of Conservation Areas, under the rules established in the General Public Administration Law No. 6227.
In the event that the application is incomplete, a single written notification (prevención) shall be issued to the applicant to complete the omitted requirements in the application or to clarify or rectify the information, granting a period of up to thirty business days to complete or clarify. Said notification shall temporarily suspend the period for resolution.
In the event that the notification is not addressed by the applicant, the file shall be archived.
The productive activity shall not be suspended during the time it takes for the Conservation Area to issue its resolution, as long as the cultivation system does not present any variation in the method or the same techniques already approved in the Comprehensive Management Plan for the Cultivation System are maintained.
**CHAPTER V** **Use and Reuse of Water** **Article 22.- Use and reuse of water.** In the production of salt and farmed shrimp in its two modalities, the use and reuse of water shall be understood as the process by which water enters and leaves due to tidal effects or by pumping technique towards the production. The physical-chemical monitoring of water, carried out before each harvest, must be provided to the file of the Use Permit granted by SINAC.
**CHAPTER VI** **Regulations for the Permitted Use** **Article 23.- Non-transferability.** Use permits for shrimp aquaculture and salt production may not be transferred. This provision includes both the impossibility of the Administration to authorize assignments, and the transfer by the mere will of the permit holder.
**Article 24.- Impossibility of change of use.** The Administration is prohibited from authorizing a change of the permitted use in the granted permit. Under no circumstances may the permit holder use the geographical area granted in the use permit for an activity different from that authorized in the General Management Plan approved by SINAC.
**Article 25.- Prohibitions.** The following activities and behaviors are prohibited to the permit holder during the validity period of the use permit for shrimp aquaculture and salt production in impacted mangrove areas:
- a)The cutting of mangrove in the permit area or in areas adjacent to it.
- b)Keeping of domestic animals, except those for guarding or care that are duly registered.
- c)Setting fires.
- d)The permit area may not serve as the domicile of any person, with domiciliary use and the deposition of waste of any type being expressly prohibited.
Excepted from this provision is the presence of security guards assigned to the site by the permit holder for surveillance purposes.
- e)Disposing of waste of any type in areas adjacent to the use permit.
**Article 26.- Environmental Regency.** Every use permit must have an environmental regent who must be a professional duly incorporated into the respective Professional Association, with experience in the implementation of sustainable practices for shrimp production in conventional or organic modalities and salt production.
Furthermore, they must comply with the obligations stipulated in these regulations.
**Article 27.- Necessary maintenance or improvement activities.** It is the responsibility of the permit holder to perform the adequate maintenance or necessary improvements of the use permit area. The following are considered necessary improvements that must be included in the Comprehensive Management Plan for the Cultivation System and do not require prior approval due to their nature:
- a)Clearing on the edges of the walls to prevent vegetation from covering the passage of vehicles or access by other means.
- b)Maintenance and cleaning of the production ponds and walls.
- c)Structural reinforcement of the walls to prevent water from seeping through due to the tides.
- d)Cleaning of the harvest gate drainage channels.
- e)Maintenance in water pumping areas and reservoir water intake gates.
- f)Any other activity expressly considered for the maintenance of the activity and the integrity of the existing ecosystem, included in the Comprehensive Management Plan for the Cultivation System.
**Article 28. Useful maintenance or improvement activities.** Useful improvements are considered to be all those aimed at increasing the value of the activity, whether they innovate an installation or infrastructure or provide a useful modification. The following are considered as such:
- a)Installation of temporary infrastructure required for the production process or occupational safety.
- b)Improvements related to the production system or method that are implemented with the objective of ensuring sustainable management of natural resources and ecosystem goods and services involved in the activity, and that are previously approved in the Comprehensive Management Plan for the Cultivation System.
**Article 29.- Requirements for the authorization of maintenance and improvements.** To carry out maintenance or useful improvement activities in the use permit area for shrimp aquaculture and salt production, the permit holder must request authorization from the Directorate of the corresponding Conservation Area, meeting the following requirements:
- a)Application and description of the maintenance and/or improvement works duly signed by the permit holder.
- b)Report from the Environmental Regent demonstrating the technical need to perform the required maintenance activities.
**Article 30.- Authorization of maintenance or improvements.** The Directorate of the corresponding Conservation Area shall authorize or deny the application for maintenance or useful improvements, through an administrative resolution within a maximum period of 15 calendar days from the submission of the application and fulfillment of requirements by the permit holder.
In the event that the application is incomplete, a single written notification (prevención) shall be issued to the applicant to complete the omitted requirements in the application or to clarify or rectify the information, granting a period of up to thirty business days to complete or clarify. Said notification shall temporarily suspend the period for resolution.
In the event that the notification is not addressed by the applicant, the file shall be archived.
**Article 31.- Infrastructure.** In the areas granted under a use permit for shrimp aquaculture and salt production, new infrastructure may not be built, except for mobile infrastructure necessary for the execution of the activities inherent to the permitted use; in such a case, the pertinent permits and the approval of the Directorate of the respective Conservation Area must be obtained.
The approval must be requested through a written application accompanied by a copy of the corresponding permits indicated in Article 8 of these Regulations, and shall be resolved by the Directorate of the respective Conservation Area within a maximum period of one month, following a respective inspection by SINAC.
**Article 32.- Fortuitous event or force majeure.** For urgent situations due to the occurrence of a fortuitous event or force majeure that could affect the permit holder's activity due to biological or climatic risk, a summary procedure for the approval of carrying out repair activities in the required area, as well as the restoration of the permit holder's infrastructure and/or equipment, shall be established. In this case, the Administration may authorize the required work via electronic communication, once the actual or potential danger has been verified, following a field inspection.
**CHAPTER VII** **Closure of the Use Permit** **Article 33.- Grounds for closure.** The use permits in force for shrimp aquaculture and salt production in mangrove areas may be closed by the Directorates of the SINAC Conservation Areas for the following reasons:
- a)Revocation in accordance with the grounds established in Article 34 of these Regulations.
- b)Extinction of the right in accordance with the regulations established in Article 35 of these Regulations.
- c)In those cases where inspections carried out by the Administration's oversight or by the Regency Control evidence the regeneration of mangrove in the use permit area due to lack of use of the area or lack of maintenance. In such a case, the closure shall be partial, only over the area possessing such condition. If the regenerated area is equal to or greater than 70% of the area granted in the use permit, the total closure of the permit must be ordered.
- d)Express resignation by the permit holder.
**Article 34.- Grounds for Revocation.** The following constitute grounds for revocation of the use permits in force for shrimp aquaculture and salt production in mangrove areas:
- a)Carrying out useful improvements without due authorization from the Directorate of the corresponding Conservation Area, following due process.
- b)Failing to comply with any of the operating conditions established in these Regulations.
- c)Reasons of opportunity or convenience without liability for the Administration. The administrative act revoking the use permit must be duly reasoned. The revocation must not be untimely or arbitrary, and a period of 30 calendar days must be given in all cases for compliance with the revocation act.
- d)Invasion of mangrove areas or wetlands, water resource protection areas, protected wilderness areas, or areas constituting the maritime-terrestrial zone, which are adjacent to the area granted in the use permit. In the event that it is proven that the invasion was due to error or fault, depending on the severity, a warning or revocation shall proceed. In the first case, the repair measures that the permit holder must assume to restore the affected areas shall be ordered.
- e)Being in a state of default at any time with employer-employee obligations before the Costa Rican Social Security Fund, with obligations before the Social Development and Family Allowances Fund (FODESAF), if applicable according to the provisions of Article 15 of the Social Development and Family Allowances Law No. 8783, or with tax payments before the Ministry of Finance. In these cases, the permit holder may exercise their right of defense by demonstrating compliance with their obligations or by evidencing a payment arrangement or other forms of debt resolution, in accordance with the second paragraph of subsection a) of Article 35 of these Regulations.
- f)Failure to pay the fee in the period determined for that purpose.
- g)Proven non-compliance with the General Wetland Management Plan, the Joint Management Plan for the Use of Marine Resources of the Wetlands, or the Comprehensive Cultivation System Plan, duly accredited with the corresponding technical documents.
- h)Non-observance of any of the obligations or conditions imposed by Law No. 9814.
- i)Proven violations of international conventions or treaties, duly signed, approved, and ratified by the State, and of the environmental regulations in force in the country, by the permit holder.
**Article 35.- Grounds for extinction of the right.** The following constitute grounds for extinction of the use permits in force for shrimp aquaculture and salt production in impacted mangrove areas:
- a)The death of the permit holder.
- b)The expiration of the validity of the use permit without the permit holder having submitted the corresponding extension application.
**Article 36.- Issuance of the closure order.** The closure of the use permit shall be carried out, when applicable, following the rules below:
- a)In the presence of any of the grounds for revocation contemplated in Article 34 of these Regulations, the ordinary procedure established in the General Public Administration Law No. 6227 must be carried out. Except for revocation for reasons of opportunity or convenience, which shall be governed by the provisions of Article 154 of the General Public Administration Law No. 6227.
In the case of application of subsection e) of Article 34 of these Regulations, prior to opening the ordinary procedure, the Administration shall notify (prevención) the permit holder so that, within a maximum period of 3 months, they demonstrate they are up to date with the corresponding obligations.
- b)In the presence of the ground for extinction of the permit due to expiration of the permit, the Directorate of the Conservation Area shall order the closure of the use permit through a duly reasoned administrative resolution. Said administrative act may be appealed through a motion for reconsideration (revocatoria) before the same body and an appeal (apelación) before the National Council of Conservation Areas, under the rules established in the General Public Administration Law No. 6227.
- c)Upon the extinction of the permit due to the death of the permit holder, the spouse or first-degree blood relatives may, within a period of one month calculated from the date on which the cause of extinction is known by the Administration, submit an application and requirements to be granted a new use permit on the site.
Applications shall be resolved following the "first in time, first in right" (primero en tiempo, primero en derecho) criterion. In the event that the period elapses without any application, the Administration, under technical criterion, shall directly execute a technical closure or shall communicate, through the official gazette La Gaceta, the availability of the site for the granting of a use permit (permiso de uso) and shall open a one-month period for any person to submit the application and requirements. Applications shall be resolved following the "first in time, first in right" (primero en tiempo, primero en derecho) criterion.
- d)In the presence of an express resignation by the permit holder (permisionario), a resolution shall be issued in which the resignation is deemed known and accepted, and the corresponding measures for the technical closure shall be ordered.