By Puntarenas, Costa Rica — PUNTARENAS – Costa Rica’s National Animal Health Service (SENASA) has issued an urgent and sweeping prohibition on the extraction and sale of bivalve mollusks along a significant portion of the Puntarenas coastline. The emergency measure comes after laboratory tests detected alarmingly high concentrations of paralytic marine toxins in local shellfish, posing a severe threat to public health.
The ban has sent ripples through the region’s fishing and tourism sectors, effectively halting a key economic activity just as the holiday season reaches its peak. The toxins are a byproduct of a harmful algal bloom, commonly known as a “red tide,” which can make filter-feeding organisms like oysters and clams poisonous to humans.
Beyond the immediate public health and environmental concerns, the declaration of a red tide alert carries significant economic and legal implications for coastal communities and businesses. To shed light on the potential liabilities and contractual challenges, TicosLand.com spoke with expert attorney Lic. Larry Hans Arroyo Vargas from the distinguished firm Bufete de Costa Rica.
A red tide event is typically considered a ‘force majeure’ or Act of God, which can release parties from their contractual duties, particularly in supply chains for seafood and tourism services. However, this is not an absolute defense. Businesses must immediately review their insurance policies for business interruption coverage and analyze their contracts for specific force majeure clauses. Proactive documentation of losses and official government advisories is critical to substantiating any future claims or defending against breach of contract allegations.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This legal insight is a crucial reminder that the economic tides are as turbulent as the biological ones, demanding proactive financial and contractual navigation from our local businesses. For those affected, the message is clear: preparation is paramount to weathering this natural event. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for his valuable perspective on these critical considerations.
The directive from SENASA specifically identifies the affected zones with precision. The prohibition is centered around the Gulf of Nicoya, impacting areas from Playa Blanca, situated opposite Pan de Azúcar Island, to Punta Curú, near Alcatraz Island. This includes all adjacent islands and explicitly names the Ostra Rica oyster farm, a significant local producer located at Punta Cuchillo in Paquera, as a restricted site.
The restricted shellfish include several popular varieties central to local cuisine and commerce: piangua (blood clams), mussels, clams, and oysters. These bivalve mollusks are particularly susceptible to contamination because they are filter feeders, meaning they consume large volumes of water and can accumulate toxins from algae at concentrations far higher than those in the surrounding environment.
Health officials are stressing the gravity of the situation, warning that consumption of the contaminated seafood can lead to Paralytic Shellfish Poisoning (PSP). This severe illness can manifest with a range of symptoms, from digestive distress to severe neurological disorders. In the most critical cases, the paralysis can affect respiratory muscles, leading to death. The immediate and comprehensive nature of the ban reflects the potentially fatal consequences of exposure.
In response to the threat, SENASA has launched a broad public awareness campaign. The agency is directing its warning not only to consumers but also to key stakeholders in the food supply chain. Owners and managers of restaurants, hotels, and seafood markets (pescaderías) are being urged to exercise extreme caution and diligently verify the origin of all shellfish products to ensure they do not come from the prohibited zones.
The economic fallout of the ban is a growing concern for the coastal communities that depend heavily on marine resources. For small-scale fishermen, oyster farmers, and businesses that cater to tourists with fresh, local seafood, the indefinite suspension of harvesting represents a significant loss of income. The timing, during one of the busiest tourist weeks of the year, exacerbates the financial impact.
SENASA has confirmed that the restriction will remain in place until further notice. The agency will conduct continuous monitoring and testing of shellfish samples from the affected areas. The ban will only be lifted once a series of consistent results show that the marine toxins have dissipated and that the mollusks are once again safe for human consumption. Until then, the waters remain closed for this vital industry.
For further information, visit senasa.go.cr
About Servicio Nacional de Salud Animal (SENASA):
The National Animal Health Service (SENASA) is the official veterinary authority of Costa Rica, responsible for establishing and executing programs related to animal health, food safety of animal origin, and the regulation of veterinary medicines and animal feed. The agency plays a critical role in safeguarding public health by preventing and controlling animal diseases, ensuring the safety of food products, and facilitating international trade through the certification of agricultural and aquacultural goods.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar in its legal community, Bufete de Costa Rica is defined by a deep-seated commitment to professional integrity and exceptional service. The firm consistently pushes the boundaries of legal practice through innovation while maintaining a strong social purpose. This is demonstrated by its dedicated effort to democratize legal understanding, aiming to build a more capable and knowledgeable society where the law serves as a tool for empowerment for all.
