10th—That a modern legal framework does not exist to guarantee the sustainable use of the living resources of the sea, nor is there a plan for sustainable management and integrated handling of marine-coastal resources, which is aggravated by the deficient mechanisms for the conservation and management of fishery resources with an ecosystem approach; proper and mandatory coordination between State entities and institutions that have some responsibility in the management and conservation of coastal and marine resources being of vital importance.
11th—That technical studies carried out by diverse organizations warn that both the coastal zone and the Exclusive Economic Zone (Zona Económica Exclusiva) of Costa Rica have been negatively impacted over the last 10 years, given changes in the condition of natural habitats, particularly mangroves and estuaries, significant reductions in species populations, overfishing (sobrepesca), as well as the increase of urban and tourism developments in coastal zones, coupled with chemical discharges into bodies of water that flow into the sea, which motivates the adoption of emergency measures by the Executive Branch.
12th—That based on the General Law of Public Administration (Ley General de la Administración Pública), the Minister of Environment and Energy (Ministro de Ambiente y Energía) is responsible for the political stewardship of environmental matters and matters concerning marine-coastal natural resources; therefore, in the exercise of their functions, they may order the activities of the sector's institutions in accordance with the environmental policies of the Executive Branch and the current National Development Plan; the Costa Rican Institute of Fisheries and Aquaculture (Instituto Costarricense de Pesca y Acuicultura) being responsible for coordinating the fishery and aquaculture sector, in accordance with its Constitutive Law number 7384 of March 16, 1994.
13th—That said authority entails the obligation to ensure that the organization and functioning of the sector's institutions adequately respond to the requirements of the current legal regulations and to planning provisions, so that these are compatible with the policies and actions of other sectors, for which purpose the rational and integrated use of available resources must be ensured and inter-institutional, public and private, national and international collaboration must be promoted.
14th—That the Executive Branch has determined its commitment and responsibility on this matter, and therefore, through Executive Decree No. 31832-MINAE published in La Gaceta Official Gazette No. 132 of July 7, 2004, proceeded to establish the Interdisciplinary Marine-Coastal Commission of the Exclusive Economic Zone (Comisión Interdisciplinaria Marino Costera de la Zona Económica Exclusiva) with the purpose that, within a period of 14 months, they determine the feasibility of dedicating up to 25% of the Exclusive Economic Zone (Zona Económica Exclusiva) to the conservation, restoration, management, and sustainable use of existing species and ecosystems, for which a report must be rendered before the President of the Republic.
15th—That the Executive Branch, through Agreement 0-67-MINAE published in La Gaceta Official Gazette No. 93 of May 16, 2005, proceeded to appoint the official members of the Interdisciplinary Marine-Coastal Commission of the Exclusive Economic Zone (Comisión Interdisciplinaria Marino Costera de la Zona Económica Exclusiva).
16th—That the Interdisciplinary Marine-Coastal Commission of the Exclusive Economic Zone (Comisión Interdisciplinaria Marino Costera de la Zona Económica Exclusiva) has been carrying out extensive technical work regarding the compilation of scientific information to identify the different species, habitats, marine ecosystems, and particular marine phenomena on which priority studies and analyses should be focused, with the purpose of rendering the first recommendation report to the President of the Republic in fulfillment of the objectives established in Executive Decree 31832-MINAE.
17th—That the Interdisciplinary Marine-Coastal Commission of the Exclusive Economic Zone (Comisión Interdisciplinaria Marino Costera de la Zona Económica Exclusiva) has recommended the need to extend the deadline for delivering the first report to the President of the Republic, which must be prepared by September 7, 2005, so that it extends until January 31, 2006 as the maximum date, due to the large volume of scientific information that must be reviewed and analyzed by the experts, which cannot be finalized by the date set in Executive Decree No. 31832-MINAE.
18th—That it is of great importance for the country to continue the investigation of the different species, habitats, and marine ecosystems existing in the Exclusive Economic Zone (Zona Económica Exclusiva) of Costa Rica in the Pacific Ocean and the Caribbean Sea, with the purpose of building a scientific base that allows for decision-making aimed at complying with national and international legal regulations regarding marine natural resources within the framework of sustainable development.
19th—That it is in the national interest to give continuity to the work being carried out by the Interdisciplinary Marine-Coastal Commission of the Exclusive Economic Zone (Comisión Interdisciplinaria Marino Costera de la Zona Económica Exclusiva), it being necessary for the Executive Branch to grant this Commission permanent status and the rank of scientific advisory body to the Ministry of Environment and Energy (Ministerio del Ambiente y Energía). Therefore, THEY DECREE: