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Article 1—Objective. The objective of this registry is to establish the requirements that must be met by those companies, institutions or persons that decide to carry out observation, research and tourism activities related to cetaceans in the territorial waters of Costa Rica.
Article 6 – Information to be provided to persons participating in tourist and observation activities. Tour operators, guides, observation activities, and any other natural or legal person must provide users of their services with the following information:
1. Schedule of activities and service availability.
2. Conditions under which the activity may or may not take place.
3. Potential risks during the activity.
4. Expected behavior on board the vessel.
5. Safety measures to be followed during the activity.
6. Pre-activity orientation session, including appropriate behavior around cetaceans, as well as general information about cetaceans and their current population status.
7. Warning that swimming or diving with cetaceans, or any other activity involving entering the water in the presence of cetaceans, is strictly prohibited.
8. Provide an instruction booklet with warnings and suggestions on appropriate behavior around cetaceans.
9. Offer participants in tourism and whale-watching activities specific information on the conservation status of local cetacean species, whether resident or migratory, as well as threatened or endangered species.
Article 8—Swimming or diving with cetaceans. Swimming or diving, or any other activity involving entering the water with cetaceans in confined or open areas, is totally prohibited.
Article 13.—Prohibitions for vessels in general. The following are totally prohibited for vessels operating in Costa Rican jurisdictional waters and for tourists, researchers and observers in general:
1. Approach dolphins within 50 meters of the nearest animal with the engine running, and then within 30 meters with the engine off. In the case of whales or other cetaceans longer than 5 meters, approach within 100 meters. Exceptions apply to the cases covered in Article 8 of these Regulations.
2. Approach dolphins and other smaller cetaceans within a radius of 100 meters, and whales and cetaceans longer than 5 meters within a radius of 200 meters when they are feeding or socializing, except in the cases covered in Article 8 of these Regulations.
3. If the engine is off, restart it only after clearly verifying that the cetacean is at least 50 meters from the vessel and on the surface.
4. Remaining with any group of cetaceans for more than 30 minutes, even while respecting the indicated distances.
5. If it is a single person or a mother with her calf, exceeding the time limit by more than 15 minutes and approaching within 100 meters. In the case of whales or other cetaceans longer than 5 meters, approaching within 150 meters. The cases considered in Article 8 of these Regulations are excepted.
6. Disrupting the movement of cetaceans by dividing or dispersing them while swimming in a group.
7. Feeding any type of food to any species of cetacean.
8. Generating excessive noise, such as music, percussion of any kind, including excessive engine noise, within 100 meters of any cetacean. 9. Reproducing any type of underwater sound, with the exception of engine noise, including recorded sounds of observed animals or other animals. This exception does not apply to scientific research.
10. Using echo sounders in observation areas, except for duly registered scientific research.
11. Disposing of any type of waste, substance, or material in cetacean observation and conservation areas, in accordance with all other regulations on marine waste disposal.
1. Approaches for observing cetaceans in transit must be diagonal, from the rear only. Boats must advance parallel to the movement of the cetaceans.
2. The maximum permitted speed within observation areas where cetaceans are present is 4 knots (7 kilometers per hour). At all times, the boat must travel at a speed slower than the slowest animal in the group being observed.
3. Boats must leave the area at low speed when cetaceans show signs of disturbance.
4. Only a maximum of two boats may remain in the vicinity of the same group of cetaceans. Any other boat must maintain a distance of 200 meters from the first boat.
5. When observing a single individual or a mother with a calf, the boat may not approach closer than 100 meters.
6. Standing, fishing, diving, swimming, water skiing, jet skiing, windsurfing, rowing, canoeing, kayaking, or interfering with the mother-calf mating process is prohibited, except as stipulated in Article 8.
7. The observation time must be 30 minutes or less, respecting the distances established in Article 13. In research, the maximum observation time with the same group may be extended provided there are no signs of disturbance by the cetaceans.
BIBLIOGRAFÍA:
El presidente de la República, el ministro de ambiente y energía, el ministro de OBRAS Públicas y Transportes, Ministro de Obras Públicas y Transportes, el Ministro de Seguridad Pública y el Ministro de Agricultura y Ganadería. (2005) Reglamento para la Operación de Actividades Relacionadas con Cetáceos en Costa Rica
No 32495, PDF.
https://www.inavirtual.ed.cr/pluginfile.php/2859648/mod_resource/content/4/Reglamento%20para%20la%20operaci%C3%B3n%20de%20actividades%20relacionadas%20con%20cet%C3%A1ceos%20en%20Costa%20Rica.pdf
