Environmental Law 2025

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

Remaining challenges and future opportunities Despite the progress achieved, several critical chal- lenges remain. Many individuals continue to depend on fishing for their livelihoods without holding valid licences, reflecting persistent barriers to formalisation. Addressing this issue requires institutional strength- ening, simplified administrative procedures, and tar- geted social programmes to integrate these workers into the formal economy. In addition, Costa Rica faces the need to introduce more selective fishing technologies, such as the Green Stick and deep-set longline systems, which can reduce bycatch and improve sustainability. Strength- ening the national observer programme is also essen- tial to enhance transparency and data accuracy. Policy recommendations To consolidate and advance Costa Rica’s achieve- ments in sustainable fisheries management, several policy actions are recommended. • Reinforce participatory governance structures, ensuring the inclusion of all fishing subsectors, civil society and scientific institutions. • Expand marine spatial planning initiatives to incorporate emerging challenges such as climate change and habitat degradation. • Promote innovation and the adoption of selective fishing gear through incentives and pilot pro- grammes. • Strengthen monitoring, control and surveillance systems to ensure compliance with environmental and fisheries regulations. • Enhance co-ordination between the Ministry of Environment and Energy, the fisheries authority and local governments to ensure coherent policy implementation. • Foster education and capacity-building pro- grammes to support community-based manage- ment and environmental awareness among fishers. Conclusion The Costa Rican experience in tuna fisheries man- agement demonstrates the transformative potential of participatory governance, legal innovation and envi- ronmental commitment. By establishing clear spatial management rules, reducing extraction pressures and

ity for ensuring the conservation and sustainable use of natural resources. Complementary sectoral regu- lations – covering biodiversity, coastal management and fisheries – reinforce this duty through detailed procedural and substantive obligations. The principle of intergenerational equity, as well as the precautionary and preventative principles, guide the interpretation and implementation of environmental law. Moreover, the “polluter pays” principle under- pins liability for environmental damage, ensuring that economic actors internalise the environmental costs of their activities. Achievements in tuna resource protection The tuna management regulation achieved several concrete environmental and governance outcomes. By reducing foreign fleet access and restricting extraction to levels compatible with domestic industrial needs, Costa Rica significantly diminished pressure on tuna stocks within its Exclusive Economic Zone. Simultaneously, the establishment of MPAs and regulated fishing zones has enhanced biodiversity conservation and marine ecosystem resilience. The integration of spatial planning into fisheries manage- ment represents a pioneering approach in the Latin American context, aligning national policy with global commitments under the FAO and other international frameworks. The role of science and traditional knowledge A key strength of the Costa Rican model lies in its integration of scientific and traditional knowledge. Fishers’ empirical observations regarding migration patterns, species behaviour and ecosystem dynam- ics complemented scientific research and informed the design of fishing zones and catch limits. This synthesis of knowledge systems not only increased the legitimacy of policy decisions but also improved their practical effectiveness. The active par- ticipation of the fishing community in monitoring and evaluation processes further contributed to adaptive management, allowing for policy adjustments based on real-time environmental data.

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