10.-That article 16 of the Forest Law (Ley Forestal), Law N° 7575 of February 13, 1996, establishes that the Ministry of Environment and Energy shall delimit on the ground the boundaries of the areas that form the Natural Heritage of the State (Patrimonio Natural del Estado).
11.-That according to article 11 of CHAPTER I, General Provisions of Law N° 6043, it establishes that the public zone is also, whatever its extension, that occupied by all mangroves of the continental and insular coastlines and estuaries (esteros) of the national territory.
12.-That Executive Decree N° 36786-MINAET, Manual for the classification of lands dedicated to the conservation of natural resources within the Maritime Terrestrial Zone in Costa Rica, published in La Gaceta Nº 217 of November 11, 2011, establishes among its objectives to identify within the Maritime Terrestrial Zone those lands that classify as forests, of forest aptitude (suelos Clase VII y VIII), wetlands (mangroves, estuaries (esteros), rias (rías), salt marshes (marismas), coastal lagoons (lagunas costeras), swamps (pantanos), flooded forests (bosques anegados), salt flats (salitrales)), to certify them and incorporate them as part of the Natural Heritage of the State (PNE).
13.-That Executive Decree N° 36786-MINAET in point III.-Competencies for delimitation and certification establishes that the classification of lands within the ZMT shall correspond to the Conservation Areas (AC) of the National System of Conservation Areas (SINAC) and to duly accredited private professionals from the respective Professional Associations (Colegios Profesionales) to classify forests, lands of forest aptitude (suelos Clase VII y VIII), (mangroves, estuaries (esteros), rias (rías), salt marshes (marismas), coastal lagoons (lagunas costeras), swamps (pantanos), flooded forests (bosques anegados), salt flats (salitrales)), and wetlands.
The validity of the classification documents issued by private professionals shall be subject to the approval issued by the AC with corresponding territorial competence. The ACs of SINAC with jurisdiction in the ZMT shall also be responsible for the verification, oversight, demarcation (deslinde), and certification of the lands of the Natural Heritage of the State and the protection zones. The location and delimitation of the areas of the Natural Heritage of the State within the Maritime Terrestrial Zone must be carried out as part of the approval process for the Coastal Regulatory Plan (Plan Regulador Costero, PRC), defined by Law 6043, since the Coastal Regulatory Plan is the land-use planning instrument that defines and locates all the zones to be concessioned within the ZMT and for the classification thereof at the level of cadastral plans (planos de catastro). Therefore, the Coastal Regulatory Plan must clearly and expressly indicate the areas of the PNE so as not to count them in the total area to be concessioned.
14.-That the IGN used the methodology of Digital Delimitation to delimit the public zone of the Maritime Terrestrial Zone corresponding to the estuary-mangrove (estero-manglar) ecosystem of the central sector in Quepos, district 01 Quepos, canton 06 Quepos, province 06 Puntarenas.
15.-That the delimitation of the estuary-mangrove (estero-manglar) ecosystem of the central sector of Quepos was delimited with the polygons (polígonos) named Sector 2, Sector 3, and Sector 4, located at the sites known as Los Alfaro, Junta Naranjo, and Cementerio.
16.-That the delimitation of the sectors of the public zone in the central part of Quepos corresponds to the ecosystems located in the canton of Quepos, in accordance with what was indicated by the Constitutional Chamber (Sala Constitucional) according to Resolution N° 2021002741 of 09:15 hours on February 12, 2021, which orders the Central Pacific Conservation Area (ACOPAC) and the National Geographic Institute (IGN) the following: "that jointly and coordinately carry out the corresponding actions so that they delimit the mangrove ecosystem of the Quepos area." 17.-That the digital delimitation of the estuary-mangrove (estero-manglar) ecosystem of the Central Sector of Quepos corresponds to Technical Report N° DIG-TOT-INF-104-2023 and SINAC-ACOPAC-OSRP-PNE-0058-2023 dated May 19, 2023, generated jointly by the Subprocess of Official Limits of the Topographic and Territory Observation Department of the IGN and the Aguirre Parrita Sub-Regional Office, ACOPAC.
18.-That article 140 of Law N° 6227, General Law of Public Administration, indicates that "the administrative act shall produce its effect after being communicated to the administered party, except if it grants only rights, in which case it shall produce them from the moment it is adopted," a provision that must necessarily be related to numeral 204 subsection 1) of that regulatory body, which defines the suitable instrument for communicating acts of a generic nature by stating that: "General acts shall be communicated by publication and specific acts by notification." COMMUNICATES: