For the purposes of the application and interpretation of the LRVSO and of these regulations, in addition to the definitions contained in Article 2 of the Law, the following are established:
1. Activities that contribute to the improvement of the living conditions of the community: Activities carried out within the framework of projects or programs of public sector institutions, with the purpose of contributing to improving the living conditions of one or several of the communities of the Refuge in areas such as health, education, housing, work, and security.
2. Housing expansion (ampliación de vivienda): Modification to the existing architectural design of a dwelling so that, through the construction of new spaces, the quality of habitability conditions is improved.
3. Comprehensive community development associations (asociaciones de desarrollo integral comunal): Community development associations, regulated in the Community Development Law (DINADECO) No. 3859 of April 7, 1967, its amendments, and applicable regulations.
4. Ecotourism cabins and lodges (cabinas y albergues de ecoturismo): Establishments that provide lodging services to visitors within the Refuge, for a daily rate. The cabins constitute a homogeneous group of housing units, each with an independent entrance from the outside, private bathroom, one or two bedrooms, and possibly a living-dining room and kitchen. The lodges are made up of dormitories for groups, plus possibly private dormitories, and offer common use areas, such as the kitchen. All the foregoing in accordance with the maximum number of housing units and dormitories determined for each case by the general management plan of the Refuge.
5. Training (capacitación): In accordance with the Regulations to the Forest Law, training is the organized and planned activity, oriented towards improving the knowledge and skills of human resources on specific topics.
6. Private research centers or institutes (centros o institutos de investigación privados): Legally constituted legal entities that have scientific research among their main purposes, according to their statutes, and that demonstrate an extensive trajectory and public recognition as a research center or institute.
7. Concession (concesión): Right granted by the Director of the ACT for the realization of one or several of the uses established in subsections a) to g) of Article 8 of the LRVSO, on State lands or other public entities located within the limits of the RNVSO.
8. Inter-institutional Advisory Council of the Ostional Wildlife Refuge (Consejo Interinstitucional Asesor del RVS Ostional, CIMACO): Local Council of the RNVSO formed through executive decree No. 34590-MINAE of 2008, which has the purpose of consolidating and encouraging the participation of communities in the conservation, use, and sustainable and responsible management of the natural resources of the Ostional National Wildlife Refuge and its area of influence, as established by the management plan.
9. Cooperatives (cooperativas): Cooperative associations, regulated in the Cooperative Associations Law No. 4179 of August 22, 1968, its amendments and applicable regulations.
10. Ecotourism (ecoturismo): In accordance with the Regulations to the Forest Law, ecotourism is a set of actions oriented towards maintaining a natural environment, with emphasis on its biological, physical, and cultural features; through a controlled process that guarantees minimal environmental impact, is ecologically sustainable; involves low-impact tourism activities; is locally beneficial and satisfactory for visitors.
11. Environmental education (educación ambiental): Refers to environmental awareness, understood as teaching aimed at the conservation, management, and sustainable use of renewable natural resources, wildlife, and biodiversity in general.
12. Rustic structures (estructuras rústicas): Constructions made to provide visitors with certain operational functions and services in harmony with the environment, such as trails, viewpoints, rest areas, and other small constructions for visitor attention. As the priority is the maintenance of the natural ecosystem as undisturbed as possible, they require the use of designs, sizes, materials, and colors that allow integration with respect to nature and the cultural environment, where simplicity, low cost, technologies that take advantage of nature's passive energy prevail, take into account the movements of fauna, the landscape, water flows, and contemplate in their design the minimization of impacts.
13. Compatibility examination (examen de compatibilidad): In accordance with articles 2, subsections b) and m), 8, and 26 of the LRVSO, it is the analysis carried out by the ACT to substantiate the different requests that, based on the LRVSO and this regulation, are submitted to it. It consists of the determination of whether, in the specific case, the requested use, authorization, approval (visado), activity, work, or project conforms to what is established in the general management plan of the Refuge, contrasting them especially, but not exclusively, with the zoning of the Refuge, its sustainable development regulations, and the technical limitations and potentialities for each identified zone or subzone.
14. Permanent inhabitants (habitantes permanentes): Are the natural persons who, together with their family nucleus (núcleo familiar), were residing permanently within the Refuge as of the date of entry into force of the LRVSO, in their sole or primary dwelling.
15. Recreational inhabitants (habitantes recreativos): Are the natural persons who, together with their family nucleus, as of the date of entry into force of the LRVSO, made stable use, for recreational purposes, of a secondary dwelling located within the Refuge.
16. Research infrastructure (infraestructura para investigación): Moderately sized infrastructure intended to house researchers and their assistants, or professors and their students, with the purpose of carrying out scientific research, or research practices, within or around the Refuge. Includes lodging, food, and a laboratory area.
17. Occupation inventory, occupation records, and land census (Inventario de ocupación, registros de ocupación y censo de tierras): For the purposes of articles 13, subsection c), and 14, first paragraph, of the LRVSO, it shall be understood that the "occupation inventory" and the "occupation records" mentioned therein, refer to the information contained in the "land census" that the ACT must formalize as indicated in Transitional Provision V of the Law.
18. Research (investigación): In accordance with the Regulations to the Forest Law, research is any action, systematized or not and preferably with statistical significance, that generates biological, physical, geological, chemical, social, or human information about the environment, its ecosystems, and organisms, facilitating their conservation, management, and rational use by human beings.
19. Maintenance of buildings or facilities (mantenimiento de edificaciones o instalaciones): Set of operations and care necessary for a building or facility to continue functioning properly.
20. Management model of the Ostional National Wildlife Refuge (Modelo de gestión del RNVS Ostional): Application of the ecosystem approach as established by the Convention on Biological Diversity Law No. 7410 of July 28, 1994, which includes the conservation, management, and restoration of the ecological processes that determine the integrity and resilience of ecosystems and thus sustain the natural capital that generates multiple goods and services for society.
This model integrates the ecological dimension with the social and economic dimensions in pursuit of guaranteeing the long-term ecological sustainability of the Refuge and sustainable human development.
21. Family nucleus (núcleo familiar): the spouse or common-law partner of the male or female concessionaire (concesionario o concesionaria), as well as the unmarried sons and daughters of either, and first-degree blood relatives, who have demonstrated living permanently with the concessionaire.
22. Decennial occupation (ocupación decenal): In accordance with subsections c) and d) of Article 13 of the LRVSO, decennial occupation is the fact of having had, at the time of the entry into force of the LRVSO, more than ten years of occupying lands belonging to the State or other public entities within the Refuge, in a continuous, public, and uninterrupted manner, in accordance with the occupation inventory prepared by the ACT, and with the uses permitted in the general management plan and established in the LRVSO.
23. Occupants of the Refuge and current occupants (Ocupantes del Refugio y ocupantes actuales). In accordance with Articles 2, subsections g) and k), 3, and 8 of the LRVSO, both the "occupants of the Refuge" and the "current occupants" are the natural persons who inhabited lands belonging to the State or other public entities within the Refuge as of the date of the entry into force of the Law, who may be concessionaires provided they meet the requirements and conditions established for such purpose in the Law and this regulation. Includes both permanent inhabitants and recreational inhabitants.
24. Local community organizations (organizaciones comunales locales): Non-profit legal organizations constituted by the residents of one or more of the communities of the Refuge, with the purpose of carrying out conservation, ecotourism, education, cultural, or basic needs satisfaction and quality-of-life improvement activities for the members of said communities.
25. Non-profit legal organizations (organizaciones jurídicas sin fines de lucro): Legal entities duly registered in the corresponding registry whose purpose is not the pursuit of economic enrichment, but rather they primarily pursue a social, altruistic, humanitarian, artistic, and/or community purpose. Includes the development associations and cooperatives mentioned in Article 13 of the LRVSO. This concept also includes the state higher education university institutions, mentioned in Article 85 of the Political Constitution, as well as the education boards and administrative boards, regulated in Article 41 and following of the Fundamental Education Law No. 2160 of September 25, 1957, and other applicable regulations and decrees.
26. Land use permits in spaces or lands of the State or other public entities (permisos de uso de suelo en espacios o terrenos del Estado o demás entes públicos): Administrative authorizations granted on a precarious basis for the temporary occupancy of spaces or lands of the State or other public entities located within the Refuge, or the temporary realization of activities or projects in them.
27. Foreign persons in irregular administrative condition (personas extranjeras en condición administrativa irregular): In accordance with Article 13, subsection b), and Article 23, subsection i), of the LRVSO, these are persons of foreign nationality who are not within the migratory categories of permanent residents or temporary residents, regulated in the General Law on Migration and Foreigners No. 8764 of August 19, 2009, its amendments, and applicable regulations. The foregoing is without prejudice to the rights recognized by international laws and legal instruments for refugees and political asylees.
28. Foreign persons with rentier status (personas extranjeras en condición de rentistas): Persons of foreign nationality who are within the rentier subcategory of the temporary resident migratory category, regulated in the General Law on Migration and Foreigners No. 8764 of August 19, 2009, its amendments, and applicable regulations.
29. General management plan (plan general de manejo): For the purposes of harmonizing and completing the definition contained in Article 2, subsection h), of the LRVSO, it shall be understood by general management plan, in accordance with the definition contained in the Regulations to the Biodiversity Law: "the planning instrument that allows guiding the management of a protected wilderness area towards the fulfillment of its long-term conservation objectives. It is based on medium-term strategic lines of action and management objectives for the natural and cultural elements included within the area, as well as on the relationship of the latter with its socio-environmental surroundings. It is the basis for the development of other planning and regulatory instruments of Protected Wilderness Areas." 30. Beach (playa): On the shore of the sea or of the rias, a zone of deposits of loose materials such as small stones, shells, or pebbles, transported to the coast and shaped by the movement of the waves; or a sandy strip, uncovered during low tide, of variable dimensions depending on the different natural factors to which it is subjected.
31. Principles of the ecosystem approach (principios del enfoque ecosistémico): For the purposes of Article 2, subsection e), of the LRVSO, these are the principles indicated in the annex of decision V/6 of the Conference of the Parties to the Convention on Biological Diversity, Law No. 7416 of June 30, 1994, which are cited textually in Article 3, subsection d), of the Regulations to the Biodiversity Law.
32. Competent professional in civil works (profesional competente en obras civiles): Civil engineer, architect, or other related professional, duly incorporated into the Federated College of Engineers and Architects of Costa Rica, with active membership.
33. Community projects (proyectos comunales): For the purposes of Articles 8, subsection g), and 10 of the LRVSO, it shall be understood by "community project" the set of ideas, plans, and actions that are conceived, developed, and implemented by the residents of one or more of the communities of the Refuge, with the purpose of satisfying the basic needs and improving the quality of life of the members of said communities. It includes, among others, projects related to uses such as preservation, restoration, recovery, or rehabilitation of habitats and ecosystems, monitoring, management of populations, habitats, and ecosystems, management of the beach, sustainable use of natural resources, and services for ecotourism, mentioned in Article 2, subsections j), l), and m), of the Law. Includes more specifically projects such as egg fairs, sports fairs, the project for the use of olive ridley turtle eggs during arribadas (arribadas) of the community of Ostional, fishing projects, patron saint festivities, and others duly identified in the general management plan of the Refuge.
34. Sustainable development regulations (reglamento de desarrollo sostenible): The sustainable development regulations shall be the synthesis instrument that establishes the environmental management guidelines that will apply for the development of socioeconomic and environmental conservation activities that will be implemented in the RNVSO according to the zoning of the General Management Plan. (Infrastructure Regulations) 35. Public use regulations (reglamento de uso público): This is the instrument through which the activities carried out in the areas designated for public use within the Refuge are regulated, according to the zoning.
36. Remodeling of buildings or facilities (remodelación de edificaciones o instalaciones): Renovation, as well as the introduction, within the components of a building or facility, of new elements that contribute to improving the conditions of use or habitability thereof for reasons of safety, habitability, healthiness, and quality.
37. Repair of buildings or facilities (reparación de edificaciones o instalaciones): Substitution or fixing of the component elements of a building or facility that are damaged or deteriorated, for reasons of safety, healthiness, habitability, and quality.
38. Essential basic services linked to community and ecotourism activity or basic support services for communities and visitors (servicios básicos esenciales ligados a la actividad comunal y ecoturística o servicios básicos de apoyo a las comunidades y visitantes): For the purposes of Articles 2, subsection i), and 8, subsection d), of the LRVSO, regarding the commercial use indicated therein, these are those services of food sales (small grocery stores (pulperías), small restaurants (sodas), and restaurants), and of production and sale of handicrafts and souvenirs, for the communities and visitors. Also included are other services that are part of the normal dynamics of a coastal town, or that are considered necessary for a better, more orderly, and controlled attention of visitors, as determined in the general management plan. Not included is the lodging service that shall be provided through the ecotourism cabins and lodges mentioned in Article 8, subsection c) of the Law. In the provision of any of these services, the sale of liquor is not authorized.
39. Community and social welfare services (servicios comunales y de bienestar social): For the purposes of Articles 2, subsection m), and 8, subsection f), of the LRVSO, it shall be understood by "community services" those public services in permanent functional relationship with the community, with the purpose of ensuring their safety, attending to their service needs, and facilitating community development. Among other installations, the following are for community services: schools, distance secondary schools (telesecundarias), health centers, cemeteries, waste collection and gathering centers, and those administered by Associations of Administrators of Aqueducts and Sewers (Asociaciones Administradoras de Acueductos y Alcantarillados, Asadas).
For the same purposes, it shall be understood by "social welfare services" those services that, despite not falling into the category of "public services," contribute to the social well-being of the community. Among other installations, the following are for social welfare services: community or multipurpose halls, sports facilities, and religious temples.
40. Public services (servicios públicos): For the purposes of Article 9 of the LRVSO, these are those activities executed by the State or other public entities, which are intended to satisfy needs of public interest. It includes, among others, electric power supply, potable water, public lighting, and enabling and repairing roads.
41. Private lands or property of individuals validly registered within the limits of the Refuge (terrenos privados o propiedad de particulares válidamente inscritos dentro de los límites del Refugio): Lands located within the geographical limits of the Refuge, which are registered in the Real Estate Registry in the name of private persons for having complied with the provisions of the legislation in force at the time of their registration.
42. Private universities (universidades privadas): Universities approved by the National Council of Private University Higher Education (CONESUP).
43. Small-scale sustainable agricultural use (uso agropecuario sostenible de pequeña escala): In accordance with Articles 2, subsections m) and n), 4, 6, and 8 of the LRVSO, it is the exercise of agricultural activity according to the sustainability criterion defined in Article 2, subsection n), of the Law, and according to the technical standards established in the general management plan of the Refuge, including those related to the animal carrying capacity per hectare.
44. Residential use (uso habitacional): Use through which the natural persons who are concessionaires, together with their family nucleus, reside permanently in their sole or primary dwelling, located within the Refuge.
45. Recreational residential use (uso habitacional recreativo): Use through which the natural persons who are concessionaires, together with their family nucleus, make stable use, for recreational purposes, of a secondary dwelling located within the Refuge.
46. Public zone of the Maritime Zone (zona pública de la zona marítimo terrestre): In accordance with the Law on the Maritime Zone No. 6043 and its Regulations, it is the strip of fifty meters wide measured from the ordinary high tide, and the areas that are uncovered during low tide; as well as the islets, rocky outcrops, and other small areas and natural formations that protrude from the sea. Also part of the public zone is, whatever its extension, the area occupied by all mangroves of the continental and insular coastlines and estuaries of the national territory. Includes the fifty-meter-wide strip contiguous to the rias.
47. Buffer zone (zona de amortiguamiento): concept of a protective ring around Protected Wilderness Areas to mitigate the impacts of human actions generated in said geographical space, where there is an interrelation between human development actions and the conservation of PWA. This zone shall be defined in the General Management Plan depending on the anthropogenic activities being carried out outside and the possible impacts of these on the focal management elements of the Refuge. This zone can occur in both the terrestrial area and the marine area.
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