10.-That article 16 of the Forestry Law (Ley Forestal), Law N°7575 of February 13, 1996, and its amendments, establishes that the Ministry of Environment and Energy shall delimit on the ground the boundaries (linderos) of the areas that form the Natural Heritage of the State (Patrimonio Natural del Estado).
11.-That according to article 11 of CHAPTER I, General Provisions of Law N°6043, it establishes that the Public Zone (Zona pública) is also, whatever its extension, the area occupied by all mangroves (manglares) of the continental and insular coastlines and estuaries (esteros) of the national territory.
12.-That Executive Decree 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 Nº217 of November 11, 2011, establishes among its objectives to Identify within the Maritime Terrestrial Zone those lands that classify as forests, of forest aptitude (suelos Clase VII y VIII), wetlands (mangroves, estuaries, rías, marshes, coastal lagoons, swamps, flooded forests, salitrales), to certify them and incorporate them as part of the Natural Heritage of the State (PNE).
13.-That Executive Decree 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 (SINAC) and to private professionals duly accredited by the respective Professional Associations (Colegios Profesionales) to classify forests, lands of forest aptitude (suelos Clase VII y VIII), (mangroves, estuaries, rías, marshes, coastal lagoons, swamps, flooded forests, salitrales) and wetlands.
The validity of the classification documents issued by private professionals shall be subject to the approval issued by the AC that territorially corresponds. The ACs of SINAC with jurisdiction in the ZMT shall also be responsible for the verification, oversight (fiscalización), demarcation (deslinde), and certification of the lands of the Natural Heritage of the State and the protection zones. The location and delimitation of the areas of the Natural Heritage of the State within the Maritime Terrestrial Zone must be carried out as part of the approval process of 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 the zones to be granted in concession within the ZMT and for its classification at the level of cadastral plans (planos de catastro). 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 granted in concession.
14.-That a georeferenced survey (levantamiento georreferenciado) was carried out of the boundary markers established in 2005 that delimit the public zone in a beach sector and a sector of Estero/Manglar Aserradero in Playa Esterillos Oeste, and a sector of Estero/ Manglar Tigre in Playa Esterillos Este, in the joint inspection by the Instituto Geográfico Nacional and the Área de Conservación Pacífico Central-SINAC-MINAE, carried out in February 2023.
15.-The methodology of Delimitation of Georeferenced Boundary Markers was used to verify the delimitation of the public zone of the Maritime Terrestrial Zone of a beach sector and a sector of Estero/Manglar Aserradero in Playa Esterillos Oeste, and a sector of Estero/Manglar Tigre in Playa Esterillos Este, in district 01° Parrita, canton 09º Parrita, province 06º Puntarenas.
16.-That the delimitation has internal technical endorsement according to the Technical Review report N°DIG-TOT-INF-0084-2023 of April 21, 2023, issued by the Official Limits Subprocess of the Topographic and Territory Observation Department of the Instituto Geográfico Nacional. And it is in conformity with what was validated in official letters SINAC-ACOPAC-D-160-2023 and SINAC-ACOPAC-PNMA-RBS-TT-027-2023 of March 22, 2023, issued by the Área de Conservación Pacífico Central-SINAC-MINAE, Subregional Quepos, signed by Jeffrey Hernández Espinoza, Acting Regional Director (Director Regional a. í.).
17.-That article 140 of Law N°6227 General Law of Public Administration indicates that the administrative act shall produce its effect after being communicated to the administered party, except if it only grants 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 suitable instrument for communicating acts of a generic nature by stating that: General acts shall be communicated by publication and specific acts, by notification.
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