Costa Rica’s Constitutional Court has stepped in to push the government on a long-delayed tuna fishing law. The court partially backed an appeal from environmental lawyer Walter Brenes, who called out the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) and the Ministry of Agriculture and Livestock (MAG) for not creating rules for Law 10304. This law, passed in August 2022, sets out to reclaim the country’s tuna stocks from foreign fleets and promote local fishing.
Judges found that the lack of regulations breaks the principle of legality and Article 140, section 3, of the Constitution. It leaves a gap that blocks proper handling of tuna resources and risks harming the environment. While INCOPESCA and MAG did hold public talks, gather technical input, and tweak proposals on the SICOPRE system, the court said those moves fall short. Without full rules, sustainable fishing stays out of reach.
The order goes straight to the MAG minister and deputy minister. They must work with INCOPESCA and other agencies to finalize and release the regulations in two months. If they miss the deadline, they face potential criminal charges for noncompliance.
Brenes sees this as a win for broader marine protection. “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,” he said.
The delay even sparked a separate complaint against MAG Minister VÃctor Carvajal. Law 10304 marks tuna as a key national asset. It requires catches by Costa Rican boats for the domestic market and bars large industrial purse seiners from the first 80 nautical miles of the Exclusive Economic Zone. That space goes to small- and medium-scale local fishers.
Under Article 2, INCOPESCA gets authority to suggest and update a yearly fisheries plan. This guides fishing methods and growth. The agency can also set up programs to support fresh tuna sales and build related industries—like freezing, cooking, or canning—while sticking to sustainable practices that protect fishers’ livelihoods.
Article 3 sets up a national tuna fleet as a public priority. It includes a trust fund starting at 4 billion colones to buy suitable boats. These can then be leased or rented to operators.
The law ends free licenses for foreign vessels, replacing them with paid 60-day permits that can renew. It mandates unloading catches in Costa Rica for local processing, which should create jobs and strengthen coastal economies. A program for onboard observers ensures data collection and rule-following, with fines up to 25% of a ship’s value for violations.
Lawmakers supported the bill to safeguard resources, encourage steady fishing, and drive work in seaside areas. It stems from a 2019 proposal by former deputy José MarÃa Villalta, aiming to stop the giveaway of tuna to outsiders and charge fair fees.
Two years after the law’s approval, the executive’s slow pace left it toothless. The court’s ruling now forces action, potentially easing strain on sharks and other at-risk species tied to tuna operations. Brenes, known for his work on wildlife cases, has long fought for stricter controls on bycatch and threatened marine life.
This decision rejected parts of the appeal on tuna quotas with the Inter-American Tropical Tuna Commission and observer coverage for longline fleets. Still, it underscores the need for quick steps to fill the regulatory hole.
Coastal communities stand to gain from a tuned-up tuna sector. Better management could mean more stable incomes for fishers and less reliance on foreign boats. As Costa Rica pushes for ocean health, this ruling keeps the focus on turning law into practice.
