Costa Rica’s commitment to environmental protection has received a boost from its Constitutional Court, which recently intervened to accelerate the implementation of a critical tuna fishing law. This decision addresses a significant delay in establishing regulations for **Law 10304**, legislation designed to revitalize Costa Rica’s tuna stocks and prioritize local fishing operations. The Court’s action follows an appeal from environmental advocate Walter Brenes, highlighting the inactivity of the Costa Rican Institute of Fisheries and Aquaculture (**INCOPESCA**) and the Ministry of Agriculture and Livestock (**MAG**) in enacting the necessary rules.
Constitutional Mandate for Sustainable Fishing
The Constitutional Court’s ruling emphasizes that the absence of regulations for Law 10304 violates core constitutional principles, specifically the principle of legality and Article 140, section 3. The Court found that this regulatory void impedes the responsible management of tuna resources and poses a threat to the marine environment. While INCOPESCA and MAG conducted public consultations and revised proposals, the Court deemed these efforts insufficient. The crux of the issue is that without clearly defined regulations, the goal of sustainable tuna fishing remains unattainable.
A Strict Deadline for Action
The Court’s order directly mandates that the MAG minister and deputy minister collaborate with INCOPESCA and other relevant agencies to finalize and publish the required regulations within a strict two-month timeframe. Failure to meet this deadline could result in criminal charges for noncompliance, underscoring the seriousness of the situation and the Court’s determination to enforce the law.
Broader Implications for Marine Conservation
Walter Brenes views this ruling as a significant victory for marine conservation in Costa Rica. He believes that effective regulation of tuna fishing will have positive spillover effects, particularly in reducing pressure on vulnerable species such as sharks. As Brenes stated, “Since the executive must regulate Law 10304, this opens the door to curbing shark fishing: if tuna is better managed, there will be less pressure on endangered species. The Constitutional Chamber has made it clear that the executive branch cannot continue to postpone this legal mandate.” Brenes is known for his work on several wildlife conservation cases.
Law 10304: Key Provisions for Tuna Management
Law 10304, which designates tuna as a vital national resource, contains several key provisions aimed at promoting sustainable fishing practices and supporting local communities:
- Domestic Priority: Requires that tuna caught by Costa Rican vessels be primarily allocated for the domestic market.
- Exclusive Zone for Local Fishers: Prohibits large industrial purse seiners from operating within the first 80 nautical miles of Costa Rica’s Exclusive Economic Zone, reserving this area for small- and medium-scale local fishers.
- Annual Fisheries Plan: Grants INCOPESCA the authority to propose and update an annual fisheries plan, guiding fishing methods and promoting responsible growth.
- Support for Tuna Industry: Empowers the agency to establish programs that support fresh tuna sales and foster the development of related industries, such as freezing, cooking, or canning, while adhering to sustainable practices.
Investing in a National Tuna Fleet
The law prioritizes the establishment of a national tuna fleet through a trust fund, initially capitalized with 4 billion colones (approximately $7.5 million USD). This fund will be used to acquire suitable vessels that can then be leased or rented to local operators, empowering Costa Rican fishers to participate more fully in the tuna industry.
Controlling Foreign Fishing
Previously, foreign vessels could obtain free licenses to fish in Costa Rican waters. Law 10304 replaces this system with paid, renewable 60-day permits. This new approach is intended to generate revenue and ensure that foreign fishing activity contributes to the Costa Rican economy. Furthermore, the law mandates that all catches be unloaded in Costa Rica for local processing, which is expected to create jobs and stimulate economic growth in coastal communities. An onboard observer program ensures data collection and compliance, with fines up to 25% of a ship’s value for violations.
The Path to Implementation
While the initial proposal for Law 10304 was made in 2019, the executive branch’s delay in enacting the necessary regulations has effectively rendered the law toothless. The Constitutional Court’s ruling is a crucial step towards rectifying this situation and ensuring that the law’s intended benefits are realized.
Looking Ahead: Benefits for Coastal Communities
The successful implementation of Law 10304 holds significant promise for Costa Rica’s coastal communities. Improved management of the tuna sector could lead to more stable incomes for local fishers and a reduced reliance on foreign fishing fleets. As Costa Rica continues its commitment to ocean health and sustainable development, this ruling reinforces the importance of translating laws into concrete action.
Want to experience the beauty and commitment to sustainability of Costa Rica firsthand? Explore our website to learn more about ecotourism opportunities and how you can support responsible travel practices.
