Environmental Law 2025

COSTA RICA Trends and Developments Contributed by: Germán Pochet Ballester, BioIuris

Organization (FAO), an MPA is any marine geographic area that, for the purpose of conserving biodiversity or managing fisheries, is subject to a higher level of protection than surrounding waters. Through the adoption of this framework, Costa Rica achieved the protection of approximately 41.9% of its marine territory under MPA status. These areas serve not only to conserve marine biodiversity but also to regulate fishing activities, ensuring that resource use occurs in a sustainable and responsible manner. Implementation and subsequent regulatory measures Between 2017 and 2019, a series of policy decisions by the national fisheries authority were adopted to operationalise the principles of the tuna management regulation. These measures established a licens- ing system for purse seine vessels, restricting tuna extraction to quantities necessary for the domestic processing industry. Prior to these reforms, Costa Rica issued an aver- age of 35 licences per year, allowing foreign fleets to extract around 25,000 tons of tuna annually. Following implementation, licence issuance dropped to approxi- mately three per year, with total extraction limited to roughly 8,000 tons annually. This policy shift repre- sented a major step towards aligning fishing activ- ity with national production needs and environmental capacity. Civil society participation and collaborative governance Parallel to the regulatory reforms, civil society organi- sations played a vital role in enhancing marine gov- ernance. Through the establishment of the Participa- tory Zoning Map of National Fishing Areas, developed within the framework of the National Dialogue Table for Sustainable Shrimp Use, the fishing sector and civil society collectively designed spatial allocations for national fleets. This participatory mapping process, supported by tra- ditional ecological knowledge and scientific assess- ments, allowed for the identification of zones where specific fleets could operate, minimising conflicts and enhancing sustainability. The approach reflected Cos-

ta Rica’s broader environmental philosophy: inclusive governance as a tool for effective resource manage- ment. Institutional challenges and the risk of policy regression Despite these advances, recent years have seen signs of regression in participatory governance. The loss of clarity regarding the national vision for marine and fisheries policy has weakened co-ordination between institutions and stakeholder groups. While earlier ini- tiatives demonstrated the benefits of collaborative governance, current approaches risk marginalising key actors – particularly small-scale fishers and com- munity-based organisations – that were central to the success of earlier processes. Re-establishing these participatory spaces is crucial to maintaining transparency, legitimacy and long-term environmental stewardship. Effective fisheries govern- ance requires not only technical expertise but also continuous dialogue between the state, industry and civil society. Socio-economic considerations and policy implications The fishing sector in Costa Rica supports thousands of livelihoods, particularly in coastal regions such as Puntarenas, where industrial tuna processing and arti- sanal fishing represent major sources of employment. The equitable regulation of tuna resources thus carries profound socio-economic implications. Legalising and organising fishing activities contribute to social stability, promote compliance, and generate fiscal resources through licensing and taxation. More- over, by maintaining national control over resource exploitation, Costa Rica strengthens its economic sovereignty and ensures that the benefits derived from its marine resources contribute to domestic develop- ment. The broader environmental and legal framework Costa Rica’s marine governance operates within a robust environmental legal framework grounded in the principles of sustainable development and the consti- tutional right to a healthy environment. The Organic Environmental Law establishes the state’s responsibil-

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