2014-000020-00 concludes, Manuel Antonio National Park will not have the food service, nature shop, and property custody services to offer to visitors.
I.That the Sistema Nacional de Áreas de Conservación, hereinafter referred to as the System, shall have its own legal personality; it shall be a system of institutional management and coordination, deconcentrated and participatory, that shall integrate the competencies in forestry matters, wildlife, protected areas, and the Ministry of Environment and Energy, in order to issue policies, plan, and execute processes aimed at achieving sustainability in the management of Costa Rica's natural resources. Pursuant to the above, the Dirección General de Vida Silvestre, the State Forestry Administration, and the Servicio de Parques Nacionales shall exercise their functions and competencies as a single instance, through the administrative structure of the System, without prejudice to the objectives for which they were established. The protection and conservation of the use of hydrographic basins and water systems is included as a competency of the System.
II.That Article 28 of the Biodiversity Law provides that the System shall be constituted by territorial units called Áreas de Conservación under the general supervision of the Ministry of Environment and Energy, through the Consejo Nacional de Áreas de Conservación, with competence throughout the national territory, whether dealing with protected wild areas, areas with a high degree of fragility, or private areas of economic exploitation. Each área de conservación is a territorial unit of the country, administratively delimited, governed by the same development and administration strategy, duly coordinated with the rest of the public sector. In each, both private and state activities in matters of conservation are interrelated, without detriment to protected areas. The Áreas de Conservación shall be responsible for applying the legislation in force regarding natural resources, within their geographical demarcation.
They must execute the policies, strategies, and programs approved by the Consejo Nacional de Áreas de Conservación, in matters of protected areas; likewise, they shall be responsible for the application of other laws governing their subject matter, such as the Wildlife Conservation Law, No. 7317, of October 30, 1992, and the Ley Forestal, No. 7575, of February 13, 1996, the Organic Law of the Environment, No. 7554, of October 4, 1995, and the Law Creating the Servicio de Parques Nacionales, No. 6084, of August 24, 1977. Based on the Council's recommendations, the Ministry of Environment and Energy shall define the territorial division that is technically most advisable for the Áreas de Conservación of the country, as well as its modifications.
III.That Article 31 of that same regulatory body grants the power to the Directors of the Áreas de Conservación to apply the law and other laws governing the subject matter, likewise, to implement national policies and execute the guidelines of the Regional Council of their Área de Conservación or those of the Minister of Environment and Energy, to whom they shall report.
IV.That Articles 44 and 45 stipulate among their environmental security guarantees that the mechanisms and procedures must be carried out to avoid and prevent present or future damage or harm to human, animal, or plant health or to the integrity of ecosystems; the regulations of this law shall establish the mechanisms and procedures for access to the elements of biodiversity for research, development, production, application, release, or introduction of genetically modified or exotic organisms.
V.Manuel Antonio National Park is one of the most famous tourist destinations in Costa Rica, thanks to its easy access and its natural beauties; it is one of the most attractive and most important tourist sites in the country, with visitation always increasing year after year compared to other protected areas, which requires attention, surveillance, and protection of the visitors during their stay in the protected area. The Park since its creation has been oriented towards the protection of its outstanding resources, without neglecting visitor access to their enjoyment, such as the landscape, the beaches, and the observation of flora and fauna species, and the Administration must harmonize both interests in fulfilling its competencies granted by Article 22 of the Biodiversity Law.
Therefore, the conditions offered to visitors must go hand in hand with the protection of both the flora and fauna that inhabit this wild area and that are the main motivation for the thousands of visitors who come here; thus it is essential that food services are properly controlled. Likewise, the Sala Constitucional has recognized the need for a balanced interrelation between the critical elements of economic development (tourism, investment, employment, infrastructure, sound finances, and the tax system), social policy (education, health, and security), and environmental protection (the duty to guarantee, defend, and preserve the right to a healthy and ecologically balanced environment), Constitutional rulings 2009-17155, 2014-10540, among others).
VI.That the reform to the Public Use Regulations of Manuel Antonio National Park, Executive Decree No. 42496- MINAE, indicates in its Article 12, subsection 14, that:
"Article 12.-Prohibitions for visitors: Within the limits of Manuel Antonio National Park, hereinafter PNMA, in addition to the prohibitions indicated in the current environmental regulations, visitors are prohibited from:
(.)
14. Bringing in food and/or beverages of any type, under the conditions and with the exceptions established by the Park Administration." (.)
VII.It is therefore that, in order not to cause implications for the conditions provided to visitors in the food services previously offered and at the same time to have efficient management of the protected wild area, in compliance with the conservation objectives for which it was established, the conditions and exceptions are hereby issued regarding the entry of food and beverages to Manuel Antonio National Park by visitors, starting from February 15, 2023, and until the services to be provided through procurement process No. 2022LN000002-0006800001 "Operación de los servicios y actividades no esenciales en el Parque Nacional Manuel Antonio" come into operation. Therefore,
THE SISTEMA NACIONAL DE ÁREAS DE CONSERVACIÓN THROUGH THE DIRECTORATE OF THE ÁREA DE CONSERVACIÓN PACÍFICO CENTRAL, RESOLVES: