In public domain areas such as the maritime-terrestrial zone and/or the adjacent area permanently covered by the sea, areas adjacent to coastal cities, with the exception of lands presenting open spaces for common use, concessions may be granted for the construction, administration, and operation of marinas and tourist docking facilities, in accordance with the provisions of this Law. Excluded from this provision are mangrove areas, national parks, and biological reserves. Likewise, no concessions will be granted for the construction and operation of tourist marinas and docking facilities in areas where coral reef ecosystems (ecosistemas coralinos) exist.
Excluded from this provision is the Ministry of Environment and Energy (*) (Ministerio de Ambiente y Energía, MINAE), which may not grant a concession for any asset forming part of the State's natural heritage, in accordance with Articles 13 and 14 of the Forestry Law (Ley Forestal), No. 7575, and its amendments.
Concessions may also be granted for the construction, administration, and operation of tourist docking facilities in navigable lakes, rivers, reservoirs, and canals.
The municipality of the locality shall be the competent authority to grant the concession. In the event of an express request from the respective municipality to state institutions, they must provide technical advisory services. Regarding concessions requested within the Golfo de Papagayo Tourist Project, the competent authority to grant them shall be the Costa Rican Tourism Institute (Instituto Costarricense de Turismo, ICT), in accordance with the Law Regulating the Development and Execution of the Golfo de Papagayo Tourist Project, No. 6758, of June 4, 1982.
The institutions of the Costa Rican State must supervise and oversee, within their areas of competence and on a periodic basis, the operation and functioning of marinas and tourist docking facilities.
The concession shall be granted while safeguarding the environment and the natural resources of the area.
(Thus amended by Article 2 of Law No. 8969 of July 7, 2011) (*)(Its name modified by Article 11 of Law "Transfer of the Telecommunications Sector from the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012)