7841-P, Regulations to Law No. 6043 on the Maritime Terrestrial Zone, b) Executive Decree No. 33797-MJ-MOPT, declaring CR05 as the official horizontal datum for Costa Rica, and its associated cartographic projection, CRTM05, and c) Executive Decree No. 36642-MP-MOPT-MINAET, Regulation of Specifications for the Delimitation of the Public Zone of the Maritime Terrestrial Zone.
text-align: justify;text-indent:36.0pt'>10.—That Article 16 of the Forestry Law (Ley Forestal), Law No. 7575 of February 13, 1996, and its amendments, establishes that the Ministry of Environment and Energy shall delimit on the ground the boundaries of the areas that comprise the Natural Heritage of the State (Patrimonio Natural del Estado, PNE).
11.—That according to Article 11 of CHAPTER I, General Provisions of Law No. 6043, it establishes that the Public Zone (Zona pública) 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 Executive Decree No. 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 No. 217 of November 11, 2011, establishes among its objectives to Identify within the Maritime Terrestrial Zone those lands that classify as forests, of forestry aptitude (Class VII and VIII soils), wetlands (mangroves, estuaries (esteros), 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 (Patrimonio Natural del Estado, PNE).
13.—That Executive Decree No. 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 private professionals duly accredited by the respective Professional Associations to classify forests, lands of forestry aptitude (Class VII and VIII soils), (mangroves, estuaries (esteros), rias, salt marshes, coastal lagoons, swamps, flooded forests, salt flats), and wetlands.
The validity of the classification documents issued by private professionals shall be subject to the approval issued by the AC that corresponds by territorial competence. The ACs of SINAC with jurisdiction in the ZMT shall also be responsible for the verification, oversight, demarcation, and certification of the lands of the Natural Heritage of the State (Patrimonio Natural del Estado) and the protection zones. The location and delimitation of the areas of the Natural Heritage of the State (Patrimonio Natural del Estado) 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 land-use planning (ordenamiento territorial) instrument that defines and locates all the areas to be concessioned within the ZMT and for its classification at the cadastral plan level. Therefore, the Coastal Regulatory Plan must clearly and expressly indicate the PNE areas so as not to count them in the total area to be concessioned.
14.—At the request of Geiner Montes Cárdenas, ID number 602300034, the Tempisque Conservation Area (Área de Conservación Tempisque), of the National System of Conservation Areas of the Ministry of Environment and Energy, carries out the process of on-site demarcation of the area and delimitation of the Copal mangrove, located near Copal, located in District 04 Quebrada Honda, Canton 02 Nicoya, Province 05 Guanacaste.
15.—The methodology of Delimitation of Georeferenced Boundary Markers (Mojones) was used to delimit the public zone (zona pública) of the Maritime Terrestrial Zone (Zona Marítimo Terrestre) of the Copal mangrove, in District 04 Quebrada Honda, Canton 02 Nicoya, Province 05 Guanacaste.
16.—That the delimitation has internal technical endorsement according to Technical Review Report No. DIG-TOT-INF-0035-2023 of February 28, 2023, issued by the Official Boundaries Subprocess of the Topographic and Territorial Observation Department of the Instituto Geográfico Nacional. And it is in accordance with that delimited pursuant to official letters ACT-ORT-085-2023 dated February 16, 2023, and ACT-OSRN-064-2023 dated January 26, 2023, carried out by the Tempisque Conservation Area (Área de Conservación Tempisque), Nicoya Subregional Office.
17.—That Article 140 of Law No. 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 grants only rights, in which case it shall produce it from the moment it is adopted, a provision that must necessarily be related to numeral 204, subsection 1) of the same regulatory body, which defines the ideal instrument for communicating acts of a generic nature by stating that: Acts of a general nature shall be communicated by publication, and specific acts by notification.
Communicates: