10.-That article 16 of the Ley Forestal, Law N° 7575 of February 13, 1996, and its amendments, establishes that the Ministry of Environment and Energy (Ministerio del Ambiente y Energía, MINAE) shall delimit on the ground the boundaries of the areas that constitute the Natural Heritage of the State (Patrimonio Natural del Estado, PNE).
11.-That according to article 11 of Chapter I, General Provisions of Law N° 6043, it establishes that the "Public zone is also, whatever its extension, that occupied by all mangroves of the continental and insular coastlines and estuaries (esteros) of the national territory." 12.-That Decreto Ejecutivo N° 36786-MINAET, Manual for the classification of lands dedicated to the conservation of natural resources within the Maritime Terrestrial Zone in Costa Rica, published in La Gaceta N° 217 of November 11, 2011, establishes among its objectives "To identify within the Maritime Terrestrial Zone those lands that classify as forests, of forest aptitude (Class VII and VIII soils), wetlands (mangroves, estuaries, rias, salt marshes, coastal lagoons, swamps, flooded forests, salt flats), to certify them and incorporate them as part of the Natural Heritage of the State (PNE)." 13.-That Decreto Ejecutivo N° 36786-MINAET in Point III.- Competencies for delimitation and certification establishes that "The classification of lands within the ZMT shall correspond to the Conservation Areas (Áreas de Conservación, AC) of the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC) and to duly accredited private professionals by the respective Professional Associations to classify forests, lands of forest aptitude (Class VII and VIII soils), (mangroves, estuaries, rias, salt marshes, coastal lagoons, swamps, flooded forests, salt flats) and wetlands.
The validity of classification documents issued by private professionals shall be subject to the approval issued by the AC that has territorial jurisdiction. The ACs of SINAC with jurisdiction in the ZMT shall also be responsible for the verification, oversight, demarcation, and certification of Natural Heritage of the State lands and protection zones.
The location and delimitation of Natural Heritage of the State areas within the Maritime Terrestrial Zone must be carried out as part of the approval process for the Coastal Regulatory Plan (Plan Regulador Costero, PRC), defined by Law 6043, since the Coastal Regulatory Plan is the territorial planning instrument that defines and locates all areas to be concessioned within the ZMT and for its classification at the cadastral map level. Therefore, the Coastal Regulatory Plan must clearly and expressly indicate the PNE areas so as not to account for them in the total area to be concessioned." 14.-The National Geographic Institute used the Digital Delimitation methodology to delimit the public zone of the Maritime Terrestrial Zone corresponding to the estuary/mangrove ecosystem Boca Vieja - Quepos, District 01° Quepos, Canton 06° Quepos, Province 06° Puntarenas.
15.-That the delimitation of the estuary/mangrove Boca Vieja corresponds to a section of the mangroves located in the canton of Quepos, in accordance with what was ordered by the Constitutional Chamber (Sala Constitucional) through Resolution N° 2021002741 at 09:15 hours on February 12, 2021, which ordered the Central Pacific Conservation Area (Área de Conservación Pacífico Central, ACOPAC) and the National Geographic Institute (IGN) the following: "that jointly and in coordination they carry out the corresponding actions so that, within a maximum period of three months from the notification of this ruling, they delimit the mangrove ecosystem of the Quepos area." (The highlighting is provided) 16.-The digital delimitation of the estuary/mangrove Boca Vieja ecosystem corresponds to the technical report issued in official documents DIG-TOT-INF-001-2023 dated January 09, 2023, and SINAC-ACOPAC-IRT-PNE-098-2022 dated December 20, 2022, generated by the Official Limits Subprocess of the Topographic and Territory Observation Department of the National Geographic Institute (IGN) and the Office of Territory Information and Regularization Programs, Natural Heritage of the State Program of the Central Pacific Conservation Area (ACOPAC), respectively.
17.-That article 140 of Law N° 6227, General Law of Public Administration, states that "the administrative act shall produce its effect after being communicated to the administered party, except if it solely grants rights, in which case it shall produce them from the time of its adoption," a provision that must necessarily be related to numeral 204, subsection 1) of the same regulatory body, which defines the suitable instrument for communicating acts of a generic nature by stating: "Acts of a general nature shall be communicated by publication, and specific acts by notification." COMMUNICATES: