1. Presentation of a Letter of Commitment (Annex 1) to comply with legal requirements for the application for allocation of tuna fishing capacity quota, indicating the following:
a. Addressed to the Minister of Agriculture and Livestock, indicating the interest in applying for the allocation of capacity and under which of the percentages indicated in article 2 they request allocation, and the express commitment to comply in all its extremes with the conditions that the Government of Costa Rica establishes for the grantings or allocations of capacity.
b. Submitted and signed both by the legal representative of the company in Costa Rica and by the owner or manager of the vessel-owning (armadora) or vessel-owning company.
c. Specify the cubic meters of hold volume being requested from the Government of Costa Rica, indicating whether the requested volume is partial to the total fish hold capacity of the vessel.
d. In the case of vessel owners (armadores) that request allocation of capacity that are associated with tuna processing companies already established and operating in Costa Rica as of the date this Decree enters into force, and are not owned by said companies, they must provide documents that demonstrably prove the association, whether lease contracts or operating agreements.
e. In the case of vessel owners (armadores) that request allocation of capacity that are associated with new tuna processing companies that demonstrate they will establish themselves in the country, provided that they are not owned by said companies, they must provide documents that demonstrably prove the association, whether lease contracts or operating agreements.
2. If the requested volume is a fraction of the vessel's total hold capacity, indicate under which flag the rest of the vessel's capacity is authorized, and must, in accordance with the regulations of the flag country that has conferred said capacity, provide duly certified information demonstrating this.
3. Official document from the Flag State duly apostilled in the case of foreign vessels, issued no more than three months prior to its presentation, demonstrating that the vessel and the vessel owner (armador) are complying with the regulations agreed upon by the Flag State and that the requesting vessel is not on any illegal fishing list; said certification must contain the following information:
a. Vessel name and previous names if any, and port of registry (home port), photograph of the vessel with registration number.
b. Name of the vessel-owning (armadora) company, owner or owners, and contact details of the central offices and fleet manager or company or vessel manager.
c. Place and date of construction.
d. Current photos of the vessel.
e. Length, beam, and molded depth.
f. Type of freezing plant and freezing plant capacity in cubic meters.
g. Number and capacity of fish holds broken down by each hold. Document of tonnage measurement of fish hold capacity.
h. Gross tonnage.
i. Type of fishing method or methods.
j. Nature of the authorization or license to fish and authorized types of target fishing.
k. Navigation or seaworthiness certificates.
l. Power of the main engine or engines.
m. Information on the satellite monitoring beacon, type of beacon, signal provider company, and signal frequency, which must be compatible with the satellite tracking system of INCOPESCA.
n. International Maritime Organization (IMO) identification number.
ñ. Skipper certifications: whether the skipper or skippers are certified for fishing.
4. The MAG, in coordination with INCOPESCA, shall verify with the Regional Fisheries Management Organizations, that the requesting vessel is not on any of the lists of vessels allegedly involved in Illegal, Unreported, and Unregulated (IUU) Fishing in the last five years adopted by the tuna Regional Fisheries Management Organizations (RFMOs).
5. Certification duly apostilled by the competent authority of the foreign Flag State of the vessel, guaranteeing that the flag country will respect the obligations derived from the agreement signed by the vessel owner (armador) and that it waives any claim as a country for the fishing capacity that the Costa Rican State temporarily allocates, as well as to the historical record of the catches, which shall be maintained for all purposes as part of Costa Rica's quota.
6. General power of attorney granted to the legal representative in Costa Rica, issued no more than three months prior duly apostilled in the case of foreign vessels.
In the event that said general power of attorney is duly registered in Costa Rica, this must be indicated in the application so that it can be verified by the MAG during the verification of requirements.
7. Not have any type of debt pending with the Costa Rican State or state entities such as the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), Ministry of Finance, or INCOPESCA, which shall be verified by the MAG during the verification of requirements.
8. Indicate a legal domicile duly established within the national territory, in accordance with Costa Rican legislation.
(As amended by article 1° of executive decree No. 43811 of November 28, 2022)