5605 of October 30, 1974; article 12 of the Wildlife Conservation Law No. 7317 of October 30, 1992; article 22 of the Biodiversity Law No. 7788 of April 30, 1998; articles 6 subsection d), 27 subsection 1) of the General Law of Public Administration No. 6227 of May 2, 1978; and the Animal Welfare Law No. 7451 of November 16, 1994.
I.That Costa Rica ratified the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through Law No. 5605 of October 30, 1974.
II.That article 50 of the Political Constitution recognizes the right to a healthy and ecologically balanced environment, and this right includes the conservation, use, and sustainable management of biodiversity and the fair and equitable distribution of the benefits derived from it, ensuring the broadest participation of all citizens. Wildlife being an element of biodiversity, which is a priority and substantive matter, its importance is unquestionable, for its intrinsic value and its contributions to achieving a healthy and ecologically balanced environment, as well as its fundamental role in the economy and the development of this country.
III.That article 89 of the Political Constitution establishes as cultural purposes of the Republic the protection of natural beauties, conservation and development of the Nation's historical and artistic heritage, and support for private initiatives for scientific and artistic progress.
IV.That article 140 of the Political Constitution establishes that it falls to the President and the respective Minister to regulate the laws, execute them, and ensure their exact compliance.
V.That article 16 of the General Law of Public Administration establishes that the acts of the Administration must be issued adhering to the univocal rules of science, technique, and elementary principles of justice, logic, or convenience. No. 40548 - MINAE
VI.That the Wildlife Conservation Law of October 30, 1992, aims to establish regulations on wildlife, governing its conservation and management. Article 3 declares the public domain of wild fauna, and article 4 declares the production, management, extraction, and commercialization, industrialization, and use of the genetic material of wild flora and fauna, their parts, products, and by-products, to be of public interest and national heritage, subject to state regulation. This represents a milestone implying that all Costa Ricans have the duty to protect and manage it adequately, ensuring its enjoyment for present and future generations.
VII.That article 12 of the Wildlife Conservation Law empowers the Executive Branch to establish, through the Regulation of this Law, the procedures and requirements necessary for the conservation of continental or insular, aquatic or terrestrial, wildlife throughout the national territory.
VIII. That on March 10, 2005, Executive Decree 32633 was issued, named Regulation to the Wildlife Conservation Law
IX.That through Law 9106 of December 20, 2012, the Wildlife Conservation Law was significantly reformed. This reform was promoted by popular initiative, integrating significant changes in the vision and paradigm of the country regarding wildlife.
X.That due to the significant reform of the Wildlife Conservation Law, it is the obligation of the State and the mandate of the legislator to reform the Regulation indicated above, to adjust it to the new vision and paradigm that the country defined.
XI.That article 2 of the Organic Law of the Ministry of Environment and Energy establishes that the functions of this Ministry are to formulate, plan, and execute the natural resource, energy, mining, and environmental protection policies of the Government of the Republic, as well as the direction, control, oversight, promotion, and development in the mentioned fields.
XII.That article 22 of the Biodiversity Law creates the National System of Conservation Areas (hereinafter SINAC) as a deconcentrated and participatory body that integrates the competencies in forestry, wildlife, protected wild areas, and conservation of the use of hydrographic basins and water systems, with the purpose of dictating policies, planning, and executing processes directed at achieving the sustainability of natural resources.
XIII.That the obligations derived from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified through Law 5605 of October 30, 1974, are exercised by SINAC as the administrative authority, in accordance with article 71 of the Wildlife Conservation Law (LCVS).
XIV.That through resolution 68/205 of December 20, 2013, the UN General Assembly determined to proclaim March 3 as World Wildlife Day, with the objective of raising awareness about the value of wild fauna and flora.
XV.That through resolution 1327-2016, the First Chamber of the Supreme Court of Justice developed the concept of wild fauna as a public domain asset: "Public things are those that, by law, are destined permanently for any service of general utility, and those that everyone can take advantage of because they are delivered for public use. All other things are private and objects of particular property, even if they belong to the State or the Municipalities, who in this case, as civil persons, are no different from any other person." As extracted, the definition of private goods is made in a residual manner, that is, all those that do not present any of the characteristics indicated for public domain assets belong to this category. The constitutional jurisprudence, taking into account what is stipulated by the cited norm, has referred to the goods that make up the public domain in the following terms: "they are those that have a nature and legal regime diverse from private goods—which are governed by property rights under the terms of article 45 of the Political Constitution—insofar as, by express will of the legislator, they are affected by a special purpose of serving the community, that is, the public interest, and for that reason, they cannot be the object of private property, so that they are outside the commerce of men, for which reason, they cannot belong individually to private individuals, nor to the State, in a strict sense, since the latter limits itself to their administration and guardianship. [.] Thus, these are goods whose ownership the State holds in its condition as administrator; it must be understood that these are goods that belong (sic) to the "Nation," with which they form part of the public heritage."
XVI.That in accordance with the Regulation to the Law for the Protection of the Citizen from the Excess of Requirements and Administrative Procedures, Executive Decree No. 37045-MP-MEIC and its reforms, the present proposal complies with the principles of regulatory improvement according to the positive report DMR-DAR-INF-087-17 of July 3, 2017, issued by the Regulatory Analysis Department of the Regulatory Improvement Directorate of MEIC.
THEY DECREE:
"REGULATION TO THE WILDLIFE CONSERVATION LAW NO. 7317, OF OCTOBER 30, 1992, REFORM OF EXECUTIVE DECREE NO. 36515 OF JANUARY 28, 2011, AND OF EXECUTIVE DECREE NO. 32633-MINAE OF MARCH 10, 2005, AND DEROGATION OF EXECUTIVE DECREES NO. 10- MIRENEM OF APRIL 16, 1993 AND NO. 35463-MINAE-MEP OF JUNE 4, 2009"