Water is the source of life and its nurturer. It has the power to ferociously destroy life and then gently recreate it. This liquid elixir gathers in the high country, often collecting in lakes, and sometimes flowing to the sea through an intricate series of streams and rivers. There is no more important resource on Earth and it is now seriously threatening Costa Rica’s ecological balance, and this affront to nature is occurring within the very heart of this verdant paradise, the Osa Peninsula.

Costa Rica has earned well-deserved praise from ecologists and recognition in the world community for protecting and restoring its forests, and protecting marine areas and its overall biodiversity. Unfortunately, rivers and streams are being carelessly treated as a free and easy resource for building highways, while ignoring their irreplaceable significance in maintaining nature’s fragile balance.

Fourteen gravel-mining concessions have been awarded, fatally impacting five different rivers in Osa, all of them feeding into the Golfo Dulce! They are Rio Tigre (4), Rio Rincon (5), Rio Barrigones (2), Rio Agujas (2), and Rio Conte (1).

Picture an idyllic, lush jungle river and the only sounds you hear are birdcalls and the quiet conversation of local villagers, often accompanied by tourists from all over the world, who have come to witness this precious world within a world. Close your eyes and take a deep breath. Now, imagine the jarring sounds of heavy trucks and earth moving equipment. You see the jaws of a metallic dinosaur plunging into this river and quickly scraping along the river bottom and then lifting its claws and depositing a thousand pounds of the gravel riverbed into a rumbling truck, which will then lumber away, ripping up the vegetation on the side of this very delicate waterway. Just one of these fourteen concessions is authorized to remove 80 truckloads of gravel from the Rio Tigre every day!

The consequences of riverbed gravel mining are quite obvious when you see how the Rio Tigre is supposed to look (left) and what happens with mining.

The Osa Peninsula is home to more than 50% of all species found in Costa Rica. It has the largest population of Scarlet Macaws in Central America. Five different cats roam the jungles. There are 358 bird species and the region is extraordinarily popular with bird watchers. According to Eduardo Chacon, a certified Costa Rican biologist, more than 1/3 of these species depend upon the rivers and surrounding vegetation. Any reduction in this vegetation and the insect life found in the rivers would have an adverse effect on bird population, seriously impacting tourism to the area. Many villagers rely on the thousands of ecotourists who come to the southern part of country specifically for its pristine jungle wildlife and rivers. When the highways are finished, the construction jobs will end and there will be a weakened tourist economy in its wake, with less long-term employment for people who desperately need it.

When stretches of a riverbed are ripped up for gravel, the velocity of the water increases dramatically, eliminating deeper waterholes that host a variety of life. It erodes the streamside environment, allowing the sun to shine on the water, significantly altering the aquatic environment and causing a deadly rise in temperature. It creates a lifeless, liquid cadaver that floats its decay downstream. In this case, it spreads its poison to the river mouth and the innocent open arms of the Golfo Dulce. On its way, it manages to infect the forests, reducing the quantity and quality of all life that relies on its natural integrity. Once this water leaves the river, the mangroves, reefs and fisheries of this splendid body of water will begin a slow and painful death.

Usually, there is no compromise when commerce and conservation face off against each other, which has always made for a contentious relationship. In this instance, there actually is an alternative to this environmentally devastating practice, which is creating the tragedy in Osa. There is gravel under most of the Coastal plain, under the plantations and cattle pastures.  Many farms report 7-12 meters of this material with less than 1 meter of soil on top of it.  Taking gravel from pits would be a lot less destructive and have a lot less impact on the environment and the enormous number of species that simply cannot survive without an intact river ecosystem.

A hydrology report relating to the Rio Tigre was prepared by Bruce Melton, PE, a US based civil engineer specializing in critical envirionemtnal issues. He adds to the rational of exploring alternatives to the destructive practice of riverbed mining. “The suitability of upland gravel deposits should be explored fully. The existence of the deposits on the Eastern shore of Osa Peninsula is certain, and their suitability is likely. If these resources could be efficiently developed, untold damages to the environment of the Osa Peninsula could be avoided. Other materials besides sand and gravel from riverbeds are certainly for road building, concrete construction and other concrete uses. These materials are widespread across the world and are used very commonly in place of river gravels.”

Up to this point, Costa Rica has been incredibly fortunate in that its public perception remains unscathed by questionable internal choices that appear to put development ahead of environmental protection. It is not hard to imagine a tourist’s reaction to the destruction of pristine rivers or the absence of Leatherbacks on the beaches of Playa Grande. Improved highways are very important and so is a strong real estate market, but this desire for commercial development has been fueled by the appeal of the country’s unfettered natural beauty. A balance needs to be struck and the government is the only institution to protect the rivers and coastlines, which belong to all Costa Ricans.

We will be following this unfolding story in the months ahead. In the meantime, you are strongly encouraged to visit http://riotigre.tripod.com/ and learn more about the Save Rio Tigre campaign, which is constantly evolving to include all rivers and communities impacted by this brutal riverbed mining practice.

A recent Op-Ed piece by Nicholas Kristof in the NY Times, and a letter written to us by a loyal ecotourist to Costa Rica, highlight the crux of the conflict relating to Las Baulas Marine National Park. It is not simply about the passage of Expediente No. 17.383 to downgrade the park to a wildlife refuge, it is a basic choice of priorities for the country.

Kristof’s article focuses attention on the typical, well-deserved praise for Costa Rica. The abolition of its army is an extraordinary achievement. High educational standards and an emphasis on environmental sustainability, whatever that actually means, are often mentioned in reference to the country. The recent attention brought about by some happiness indices has put Costa Rica in the spotlight yet again.

One paragraph in the piece stands out because it is at the heart of the dilemma. “This emphasis on the environment hasn’t sabotaged Costa Rica’s economy but has bolstered it. Indeed, Costa Rica is one of the few countries that is seeing migration from the United States: Yankees are moving here to enjoy a low-cost retirement. My hunch is that in 25 years, we’ll see large numbers of English-speaking retirement communities along the Costa Rican coast.”

Costa Rica can sell its irreplaceable natural treasures to foreign investors and speculators, or it can retain park ownership and keep inviting visitors to experience these treasures forever. Maintaining the integrity of the national parks and the coastline is the only insurance against the sale of its most precious real estate to outsiders. If the United States didn’t have a strong national and state park system, much of its natural grandeur would be shared with golf courses, real estate developments and shopping centers.

Land sale is a single transaction, with the money most likely leaving the country. The alternative is to keep promoting a $1 billion a year industry with at least the promise of creating tourism related businesses and employment directly benefiting Costa Ricans. Environmental sustainability, which Kristof emphasizes, must incorporate the needs of the people and be economically viable in the long term. A true ecotourism industry guarantees sustainability, while the private buying and selling of parkland destroys it.

Now, imagine you are a very dedicated visitor to Costa Rica and you have been coming for fifteen years with your husband, and now with your children. What draws you back year after year is the incredible natural beauty of the country, its people, its precious wildlife, and knowing it is at least one place in the world that feels like forever. Well, the next time you visit Playa Grande, you are greeted by a world you thought you were getting away from for at least a few weeks. Lee Anne Simmons is your tourist, she and her family are the $ billion tourist industry. Her letter to the Legislative Assembly speaks volumes on behalf of protecting the Leatherback sea turtles and their precious nesting environment.

Dearest Seniors and Senioras,

Please protect Las Baulas National Park.  My husband and I, and now with our young children have been coming to Costa Rica for 15 years for vacation. Our recent trip we visited Las Baulas National park in 2008 and we were devastated to see the development, the developer from Germany had cut all of the trees and subdivided to build 100’s of homes. The museum was gone. There were now bars on the windows with hired security guards where we stayed. This was not how Playa Grande was just 10 years ago. It was very sad and not good for the local Costa Rican people.  The turtles have declined in the last 10 years even more. It does not have to be this way.

As a country, Costa Rica can lead the world in Ocean conservation and biodiversity. Your country has more opportunity than most other countries today. You can have history show your record of protecting the turtles and other marine animals. It will be better for the Costa Rican people as well. Please don’t let foreign developers destroy your national heritage for their own profit. These turtles need your protection.

Please protect the Leatherback Turtles for our children. Please reject this bill and show the world that you can’t be dictated to by citizens of other countries only interested in their personal profit.

Sincerely,

Lee Anne Simmons

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The most compelling case to be made on behalf of retaining Las Baulas de Guanacaste Marine National Park in its present status comes from a report initiated by the same government now choosing to ignore its findings. In 2008, at the request of the Arias government, a group of experts was brought together as the Baulas Commission. Its primary mandate was to address the issue of expropriation. The commission was coordinated by Alfio Piva, General Director of InBio, now running as a Vice President with Laura Chinchilla. Dr. Edgar Fernandez provided technical support from the Peace With  Nature initiative.

The “Final Report and Recommendations To Clarify Doubts to the President of the Republic Regarding the Expropriation of Lands in the Las Baulas de Guanacaste Marine National Park” was delivered well in advance of the proposed legislation, Proyecto de Ley 17.383, calling for the downgrading of the park to a wildlife refuge, which is diametrically opposed to the report’s recommendations.

The commission recommended expropriation for the private lands included in the limits of the park from construction “because of their high environmental fragility, and because of the possible negative impact to the Leatherback sea turtle.” The Commission considered that public acquisition by means of the expropriation process represents the best solution. Regarding the price for acquisition of the private land, “This Commission considers it would be significantly reduced if the technical studies already submitted under SETENA’s  aegis are considered, wherein it is established that these lands are not apt for construction.”

Considering what the Commission referred to as the “global importance” of the park as a Leatherback sea turtle nesting area, they recommended adding 75 meters to the already established 125 meter land strip from the high tide line along the beaches. In addition, they supported technical studies on the environmental fragility of the area, to “conserve absolutely the forest wall behind the beach, not allowing for any constructions on it, as well as urgently re-establishing this forest wall wherein the owners have destroyed it.”

They went even further than simply addressing issues within the park, stating “this will not suffice to guarantee the protection of the leatherback turtle and its nesting habitat, if other measures are not adopted to control the development of human activities outside the limits of the Park, including the ocean, by controlling fishing activities, as well as inland, by means of land use planning, in the adjacent lands.”

The report envisioned using this specific process to create a template for Costa Rica’s entire coastline. “Studies regarding environmental fragility and environmental carrying capacity should be the basis for the planning of the use of the land along both coasts of the Costa Rican littorals, as well as for the rest of the country, as established by our juridical legislation.”

We can now add the government initiated Baulas Commission report to the litany of testimony from scientists, conservationists, NGO’s, trade associations, commissions, legal precedents, and international treaties, all emphatically falling on the side of protecting the Leatherback sea turtle and its habitat, Las Baulas Marine National Park.

It would appear that the major accomplishment of the United Nations Climate Change Conference 2009 held in Copenhagen is consensus that global warming is indeed a serious challenge and we must do something about it. While this observation is somewhat sarcastic, it is likely closer to the mark than measuring how far it actually went in the direction of creating a global consensus regarding goals, transparent emissions measurement, and some reasonable equity between the handful of controlling economics and the rest of the world.

Individual countries, no matter how small, will have to take their own initiative, working from the bottom up, creating a unity of purpose that other nations can begin sharing. Costa Rica’s idea of Peace With Nature and all its ramifications is the road map for this country. Global accords and country initiatives are invaluable first steps, but of little true value without proper documentation and enforcement. The Copenhagen Accord is essentially an impotent statement of the obvious, while Peace With Nature creates the edifice of purpose that Costa Rica needs to fully inhabit.

We feel extremely fortunate to share Dr. Pedro Leon Azofeifa’s perspective on the closing days of the climate conference. He is the Coordinator of the Peace With Nature initiative and part of the delegation in Copenhagen. He is a professor of biology at the School of Medicine, University of Costa Rica, and co-founder of the school’s Cell and Molecular Biology Center. Dr. Leon also is a founding member of the Costa Rica Academy of Sciences, and is the first Costa Rican scientist to be elected to the United States’ National Academy of Sciences. In Copenhagen, he was a scientist in the political laboratory of global dynamics and his communication reflects the chasm between the two.

“Today, Saturday (12/19), at about 3PM the COP 15 concluded with a marathon effort that started on Friday at about 10PM and went on till 3 PM on Saturday non-stop. Friday morning started with the speeches from several world leaders including the Chinese President Jintao, President Obama, President Lula, President Uribe, President Morales, Chavez and others. Chavez as usual ranted and raved against Obama with heavy insults, calling him the Nobel Prize of War…etc. Lula gave the most inspiring and balanced presentation, emerging as one of the smartest leaders.

Twenty-five of the world leaders actually worked on a proposal throughout the night that was later cast into a statement for approval by the parties. This, in turn, gave rise to a marathon debate that started about 11PM Friday evening and almost collapsed several times in part due to the abysmal ability of the Danish Prime Minister who presided over the meeting. Strong opposition by Sudan and the ALBAcountries almost erased the proposal completely several times during the night, but the vast majority of the countries pulled together in the end to keep the document alive for the next COP, allowing also the enactment of immediate actions with funding offered by the European Union, the US, Japan and others.

The need for complete consensus makes the UN a very ineffective body, as a single country can block agreements and progress. The other large disappointment was the ineffective leadership of the Secretary General, who seemed totally unengaged. Strong leadership in the UN is essential to save this basic body of deliberations…the only one the world has.

The document approved is a minimal agreement that will be the basis for further debates in the next COP meeting in Mexico. I was very impressed and proud of the leadership role of the Costa Rican delegation and particularly Christiana Figueres, who has assumed a very impressive leadership role, along with a group of technical experts that worked night and day.

I was happily surprised with the respect and credibility of the delegation that has played a key role in serving as a bridge between different countries with different ideologies. We knew that the meeting would not yield legally binding agreements, but at least the overnight marathon managed to keep the basic document alive and the basis for further debates.” 

What follows is a brief introduction to the finalized Copenhagen Accord by Dr. Alvaro Umaña Quesada, Climate Change Ambassador and Chief Negotiator for Costa Rica. It was written prior to the negotiations discussed by Dr. Leon. It is, in fact, the preface to the very intense final few days of the conference, and it is interesting to juxtapose its intention with an edited version of the actual accord, where you will find a paucity of substance and a plethora of rhetoric.

“As Chief Negotiator of Costa Rica at the United Nations Framework Convention on Climate Change, I would like to present some personal reflections that will allow interested Costa Ricans to inform themselves about what is happening here in Copenhagen and what theCosta Rican delegation is  accomplishing at this convention.

As reported in the press, negotiations are stalled. Why no progress? Why are we stuck? These are the big questions. We have less than 72 hours to complete the work of this international gathering –the largest one of its type. It seems incredible that we cannot predict if we will succeed or whether it will be a colossal failure. This shows the deep divisions between countries and reflects the inability of all political leaders to confront the greatest challenge of our era.

If no agreement is reached, it will not be for lack of effort. Here the pace is frenetic, the Costa Rican delegation worked until the early morning hours and there is a push to complete all the texts for Wednesday afternoon, the 16th of December.

So that everyone can understand the complexity of the negotiations, I present here the four most important issues: 

1. How much and when will the industrialized nations promise to reduce GHG?

2. How and when to deal with the emission reductions of the big. emerging economies (Brazil, China, Mexico, India)?

3. How many economic or financial resources are the industrialized countries going to put on the table?

4. What mechanism will be devised for the allocation of these funds?

In these United Nations conferences, the delegates exchange words but do not yet make the decisions. The negotiations operate by consensus, so that one country can block the negotiations completely. The different proposals are added to the core text and now this is growing way out of proportion. At this point the negotiating text for Copenhagen has exceeded 600 pages!”

  Copenhagen Accord

1.  We underline that climate change is one of the greatest challenges of our time. To achieve the ultimate objective of the Convention to stabilize greenhouse gas concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, we shall, recognizing the scientific view that the increase in global temperature should be below 2 degrees Celsius, on the basis of equity and in the context of sustainable development, enhance our long-term cooperative action to combat climate change.

2.  We agree that deep cuts in global emissions are required according to science, and as documented by the IPCC Fourth Assessment Report with a view to reduce global emissions so as to hold the increase in global temperature below 2 degrees Celsius, and take action to meet this objective consistent with science and on the basis of equity. Bearing in mind that social and economic development and poverty eradication are the first and overriding priorities of developing countries and that a low-emission development strategy is indispensable to sustainable development. 

3.  Adaptation to the adverse effects of climate change and the potential impacts of response measures is a challenge faced by all countries. We agree that developed countries shall provide adequate, predictable and sustainable financial resources, technology and capacity building to support the implementation of adaptation action in developing countries. 

4. Delivery of reductions and financing by developed countries will be measured, reported and verified in accordance with existing and any further guidelines adopted by the Conference of the Parties, and will ensure that accounting of such targets and finance is rigorous, robust and transparent. 

5. Least developed countries and small island developing States may undertake actions voluntarily and on the basis of support. Parties will communicate information on the implementation of their actions through National Communications, with provisions for international consultations and analysis under clearly defined guidelines that will ensure that national sovereignty is respected.

6.  We recognize the crucial role of reducing emission from deforestation and forest degradation and the need to enhance removals of greenhouse gas emission by forests and agree on the need to provide positive incentives to such actions through the immediate establishment of a mechanism including REDD-plus, to enable the mobilization of financial resources from developed countries.

7.  We decide to pursue various approaches, including opportunities to use markets to enhance the cost-effectiveness of, and to promote mitigation actions.

8.  Scaled up, new and additional, predictable and adequate funding as well as improved access shall be provided to developing countries, in accordance with the relevant provisions of the Convention, to enable and support enhanced action on mitigation, including substantial finance to reduce emissions from deforestation and forest degradation (REDD-plus), adaptation, technology development and transfer and capacity-building, for enhanced implementation of the Convention. The collective commitment by developed countries is to provide new and additional resources, including forestry and investments through international institutions, approaching USD 30 billion for the period 2010 ñ 2012 with balanced allocation between adaptation and mitigation. In the context of meaningful mitigation actions and transparency on implementation, developed countries commit to a goal of mobilizing jointly USD 100 billion dollars a year by 2020 to address the needs of developing countries.

9.  To this end, a High Level Panel will be established under the guidance of and accountable to the Conference of the Parties to study the contribution of the potential sources of revenue, including alternative sources of finance, towards meeting this goal. 

10.  We decide that the Copenhagen Green Climate Fund shall be established as an operating entity of the financial mechanism of the Convention to support projects, programme, policies and other activities in developing countries related to mitigation including REDD-plus, adaptation, capacity- building, technology development and transfer. 

11.  In order to enhance action on development and transfer of technology we decide to establish a Technology Mechanism to accelerate technology development and transfer in support of action on adaptation and mitigation that will be guided by a country-driven approach and be based on national circumstances and priorities.

12.  We call for an assessment of the implementation of this Accord to be completed by 2015, including in light of the Convention’s ultimate objective. This would include consideration of strengthening the long-term goal referencing various matters presented by the science, including in relation to temperature rises of 1.5 degrees Celsius.

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Environmental eyes are all on Copenhagen over the next several weeks. If you are reading this, you likely know that is the location for COP 15, the United Nations Climate Change Conference. In spite of recent scandals attempting to debunk the science of global warming, there is a growing international will to finally do something about Green House Gas emissions. This is a forum where Costa Rica will shine because of its international public perception, some credible efforts to address its own carbon emissions, and its approach to its natural possessions.

Recently, Nature Blog has been very critical of the government’s effort to downgrade Las Baulas National Park, thereby threatening the survival of the Leatherback sea turtles nesting on its beaches.

Over the course of thousands of years, we have yet to create a perfect State. Regardless of Costa Rica’s institutional imperfections, they are making an effort that is hard for any country, developed or developing, to match. When this country set out on its path for a Peace With Nature, it is they who created the high standard by which they should be judged as well, and that is the context for our strong opposition to the Las Baulas legislation.

We are extremely pleased to be working with the Peace With Nature team at Copenhagen. We hope to be hearing from Pedro Leon Azofeifa, Coordinator of the Peace With Nature Initiative when he arrives for talks this coming week. We have recently heard from Carolina Mauri, who is an official representatives at this gathering, and we look to be hearing from Sylvia Leon, who is charged with disseminating conference information in country.

Carolina provided some personal observation towards the end of the first week. It appears that there are three forces at work: developed nations, powerful growing economies, and the undeveloped or emerging nations. Personally, I have always been bothered by terms like First World and Third World, etc. We are in this crisis because we look at a fractured globe, protecting myriad interests; when the truth is we are one interconnected web of nature.

According to her, it is those governments caught in between the developed and undeveloped world that are being most protective. China, India, Venezuela and the wealthier Arab nations believe they should have the same rights and advantages as the United States had in growing its own economy and importance in the world.

The basic principles being supported by the Costa Rican delegation are:

1. The outcome in Copenhagen be legally binding.
2. Provisions that will ensure keeping GHG below 350 ppm and holding global temps below a 2 degree Celsius increase.
3. Developed countries lead in ambitious mitigation actions.
4. All developing countries participate in the solution.
5. The need for a prompt start of a financial mechanism to address inequities.

Costa Rican’s domestic imperatives mirror the government’s position on global matters. A recent survey published in The Tico Times indicates that 80% of the people think more money should be spent on the natural environment. The most important areas are air and water improvements, increased controls of flora and fauna, and the protection of rich ecological zones. An equal percentage considered that a presidential candidate’s opposition to development in the maritime zone is very important. 60% are willing to make economic sacrifices to protect the environment by contributing to environmental education, stricter air and water quality restrictions, guarding against excessive development in ecologically delicate areas.

The challenge for Costa Rica on the world stage and at home is for its actions to affirm its principles. It would appear they have the support of their citizenry in this effort.

The debate over Proyecto de Ley 17.383,which proposes to downgrade Las Baulas National Park to a wildlife refuge, revolves around three areas: legal precedent, expropriation, and science.

The legal debate is actually quite one sided. First, Las Baulas was declared a national park by executive decree 20518 in 1991, followed by law number 7524 authorizing expropriation and consolidation of the park. Costa Rica’s Comptroller General was interviewed in La Nacion and he cited a series of laws and international treaties signed by the country that provide “no technical justification to change the park’s status.” In the world of emerging nations, Costa Rica stands out as a country that reveres the rule of law and the laws regarding Las Baulas speak for themselves and the message is loud and clear.

The government’s posture regarding expropriation rests on their claim that it will cost hundreds of millions of dollars to reimburse the extensive development in the park area. There is ample evidence that at the time of the executive decree, there were actually a very modest number of structures. According to Maria Teresa Koberg, who has an extensive history with Las Baulas, “when the National Park was created in 1991, only three residences and a small hotel undergoing construction, but already shamelessly compromising the 50 meter public zone, were present. Now, in 2009, 33 residences and 2 hotels occupy the area. These were constructed after the national park was created.”

Photographs taken in 1994 compared to the current situation indicate construction on pre-existing mangroves, which were filled in. According to Mario Boza, “Since mangroves by law are public lands (besides being part of the Park), those developments are illegal, and everything must be claimed by the government.  Also the government must claim the 200 m of public zone, in front of the beach, that some people registered illegally.

By claiming lots here and there, obtained illegally by filling out the mangroves of the area or by registering illegally parts of the 200 m of public zone in front of the beach, is how the government could save millions of dollars in expropriations.  The enemies of the Park say that the expropriations are not necessary; we agree with them. They are not necessary because probably between 1/3 or 1/2 of the park area is public land.”

The issue of expropriation is by no means a simple one, but the goverment cannot assuage its culpability by simpling passing a new law, rather they need to look at enforcing the exisitng ones.

At its best, science attempts to seek out the elusive truth regarding the world around us and it serves our unquenching desire for knowledge. Perhaps, the most compelling argument of all regarding the continued preservation of Las Baulas comes from this discipline.

“The National Service for Underground Water and Drainage (SENARA) has conducted technical studies in the area and concluded, coincidentally with research by the University of Costa Rica, that the area of this park constitutes an alluvial aquifer exhibiting high phreatic levels (groundwater below the water level), and describing these circumstances as of extreme vulnerability; thus, recommending that the area be subjected to conservation objectives only, as happens in the present time with its national park status.”

This is according to Quirico Jimenez, one of Costa Rica’s most respected forestry experts. In 1990 he was part of the cadre of experts who identified the flora and fauna of the proposed lands for Baulas park and researched the socioeconomic issues of the egg poachers and the fishermen in the area as well as land use and ecotourism possibilities.  All of these joint investigations were included in the document presented to the Ministry of the Environment and Energy of Costa Rica in 199,1 under Peter C.H. Pritchard’s authorship: LAS BAULAS DE GUANACASTE A NEW NATIONAL PARK FOR COSTA RICA.

Dr. Peter Pritchard continues in his role as the internationally recognized authority on the delicate habitat of Las Baulas. His letter below should put to rest the governement’s contention that this park is simply about protecting a few turtles. At the bottom is a fascinating piece of satellite imagery that provides a visual context for Dr. Pritchard’s analysis.

“The area included in Las Baulas de Guanacaste National Park is by no means large and certainly not pristine. However, the diversity of its ecosystems and conspicuous fauna, constitute a counterpoint for its small size. In the same manner, the location of the National Park along the western coast of the Nicoya peninsula together with its terrestrial and estuarine ecosystems includes a large portion of the ocean, as it is a marine park. Is simply about protecting a few turtles.

At the extreme northern side stands Morro Hermoso, a spectacular peninsular bluff harboring a variety of littoral ecosystems and promontories, with an abundance of column cacti and frangipani trees, remnants of the dry forest of Mesoamerica. The regeneration of this redoubt is evident as it pertains to the tiny legacy still viable of this critically endangered habitat. To the north rocky cliffs are battered by frantic waves, counterbalancing other very different sceneries found along the more protected lands to the south, and a series of ponds attracting a large variety of storks, African white herons, jacanas, common pink billed spoonbills and fishing hawks.

The largest coastal portion of the National Park is constituted by four beaches: Carbon, Grande, Ventanas and Langosta. These beautiful places are threatened by plans for massive development lacking environmental controls. Baulas National Park is the most important place globally where the critically endangered leatherback sea turtle of the Eastern Pacific (Dermochelys coriacea) comes to nest. Leatherback sea turtles are the largest worldwide and they can be 2 meters long and weight 1000 pounds. The peak of the nesting season evolves during the months of November through February.

When the National Park was created in 1991, more than 5,000 nests were laid every season during the nesting peak, by a population of approximately 500 nesting females. These nesting numbers deserved to include the beaches of Baulas National Park among the most important worldwide for the species, and without a doubt, the most important in the entire eastern Pacific. Sadly the spoilage of the leatherbacks eggs evolving during several decades finally rendered its nefarious outcome and at now only a handful of leatherback females nest in Baulas Park. Despite the above, we trust in the good results of the conservation work that has been conducted in Baulas Park during more than 20 years. Recent investigations regarding the time for sexual maturity of the species indicate that these neophytes, the result of the aforementioned conservation work, are not yet sexually mature to nest along the beaches of Baulas Park. More time is needed to cast a final verdict.

An estuary is located behind each one of these beaches, the Tamarindo estuary behind Playa Grande and the Ventanas estuary behind its namesake, which, despite being lawfully public lands, both the Ventanas estuary and its mangrove forest were filled for urban purposes of northern Playa Grande during the 1970s. The San Francisco estuary is located to the south behind Langosta beach. Since 1997 these wetlands, particularly Tamarindo’s estuary and mangrove forests, are considered RAMSAR sites of global significance. Each one harbors extraordinary characteristics deserving of protection in their entirety. The elusive American crocodile is found herein, in reduced numbers but thriving. And the mangrove forests are extraordinary including six species of trees and abundant fauna such as howler monkeys and red mud crabs clinging to the mangrove trees. There is no doubt that Baulas is so much more than its namesake the leatherback sea turtle.”

The government of Costa Rica has no legal precedent or scientific evidence to justify its desire to downgrade Las Baulas National Park to a wildlife refuge, thereby guaranteeing the extinction of the critically endangered Leatherback sea turtle. It would appear that their position is based on the cost of expropriating current landowners and developers, married to the idea that people take precedence over turtles. We will be addressing these issues in the next several posts and we are beginning with an absolutely extraodinary letter from Maria Teresa Koberg, a renowned conservationist who is inseperable from the earliest efforts to protect this special land and its timeless inhabitants.

Costa Rica’s international prominence and internal pride is based on its adherence to the rule of law and its advocacy for peace amongst men and with nature. The crisis of Las Baulas has primarily developed within the past fifteen years, after it was declared a national park, a problem that must be resolved by the government, but not by changing the law and turning its back on nature!

Nature Blog is filled with posts that highlight the national laws, signed international treaties and irrefutable science that completely contradict the government’s proposed legislation. On August 25th, we posted an open letter from over 30 Costa Rican scientists which cited scientific and legal precedent for protecting the status of Las Baulas. The most scathing rebuke of the government’s strategy came from within, with an exceptionally well documented legal defense of the park provided by the Comptroller General. The best summary of the legal and scientific defense for Las Baulas and the Leatherback sea turtle can be found in our Voice of the Leatherback Turtles.

Following is the incredibly powerful letter, written by Maria Teresa Koberg:

November 23 2009

Attorney Hannia Duran

Area Chief

Special Permanent Environmental Commission

Legislative Assembly

San Jose

Dear Madam:

Very respectfully I would like to take this opportunity to educate you and the members of the Special Permanent Environmental Commission of the Legislative Assembly regarding the environmental conditions of Guanacaste Las Baulas Marine National Park, at the time of its creation in 1991 by means of executive decree number 20518.

I first began protecting leatherback sea turtles (Dermochelys coriacea) in Limon in 1986 with the participation of the Scouts Association of Costa Rica coordinated by Stanley Rodriguez Mendez. The Sea Turtle Rescue Program was at this time under the administrative aegis of the National Parks Foundation and its objective was protecting sea turtles in Limon, and, thereafter, Guanacaste. Early on, the First Lady of Costa Rica, doña Margarita Penon (de Arias), accepted the commitment to act as the Godmother of Sea Turtles in Costa Rica. Naturally, her charisma and support for our work was fundamental to the point that in 1988 we were able to enter the area that at the present time comprises the Guanacaste Las Baulas Marine National Park. For the first time, the leatherback sea turtles nesting therein received protection.

However, the spoilage of the eggs and the urban plans for the area reached such magnitude, that in 1991, Vice Minister of MIRENEM, Mario A. Boza, Doctor Peter C.H. Pritchard, MIRENEM’s scientific advisor and the undersigned, María Teresa Koberg, director of the now MIRENEM’s National Sea Turtle Protection Program, reached the decision to upgrade the status of the refuge to a national park. The sole purpose of this action was to counterbalance, with a powerful legal status, the great threat to the population of the leatherback sea turtles and the ecosystems of the area evident with the spoilage of the eggs and the urban development plans in place.

By means of this document I hereby testify that when the National Park was created in 1991, only three residences and a small hotel undergoing construction, but already shamelessly compromising the 50 meter public zone, were present. Now, in 2009, 33 residences and 2 hotels occupy the area. These were constructed after the national park was created. The aforesaid represents negligence and illegality on the part of MINAET (before MIRENEM and MINAE), in authorizing these constructions and choosing to ignore, firstly, executive decree 20518 and in 1995, law number 7524, which expressly authorizes the government to proceed with the expropriation process and consolidate Baulas park.

Because a photograph speaks louder than a thousand words, I am pleased to include a photograph of Playa Grande during the dry season in 1994 by James Spotila, President of The Leatherback Trust, where the absence of construction is evident. It follows that the symbolic question recently posed to the public at large by MIRENEM’s Minister Jorge Rodriguez, “Who invaded whom, people the turtles or the turtles people?” is hereby addressed. I respectfully request you, Mrs. Duran, to bring these testimonials to the attention of the members of the Special Permanent Environmental Commission.

Sincerely

María Teresa Koberg

Conservationist

Cc: Mrs. Margarita Peñon Gongora

Dr. Mario A. Boza

Dr. Peter C.H. Pritchard

Sr. Stanley Rodriguez Mendez

The New York Times has just published a story, entitled “Turtles Are Casualties of Warming in Costa Rica” and we strongly encourage you to read it. The primary focus is on the destruction already being done to turtle habitat from rising temperatures and sea levels, damaging their eggs and encroaching on their delicate nesting grounds. At this point, there is little doubt that man is the cause of this scientific phenomenon. The daunting challenge is that it’s a global crisis and only one that can be addressed on that stage. The upcoming climate talks in Copenhagen will continue the effort to mitigate the damage we have inflicted on our home and its inhabitants.

The more imminent threat to the Leatherbacks is also manmade; it is the result of the  uncontrolled commercialization of the delicate habit of Playa Grande and the prospect of proposed government legislation that would downgrade Las Baulas National Park to a wildlife refuge. All living beings are victims of global warming until the family of nations finds a more altruistic path to travel. However, It is within Costa Rica’s power to make a difference and uphold the essence of its Peace With Nature policy by keeping its National Parks intact and not allowing Expediente No. 17.383 to become law.

We encourage you to write Letters to the Editor at the New York Times in response to the recently published article. While there is no question that science is one of the culprits that threatens the Leatherback in the long term; today, downgrading Las Baulas  to a wildlife refuge is the looming perpetrator. Instructions are very simple. Click here to find out. Please send us a copy (larryf@naturelandings.com) and Nature Blog will publish and share them.

Dr. James Spotila is President of the Leatherback Trust and we want to share his letter to the editor with you:

To the Editor:

Re “ Turtles, Are Casualties of Warming in Costa Rica” (International, Nov. 14, 2009):

While climate change threatens the beach at Las Baulas Park in Costa Rica the real threat is the proposal of President Oscar Arias to eliminate the Park and allow uncontrolled development. That will destroy the most important nesting population of leatherback turtles in the Eastern Pacific Ocean.

Since 2000 The Leatherback Trust has worked to consolidate the Park. It has provided over $3 million to acquire land, support rangers, educate local students, support sustainable development in local communities and build conservation capacity. The Trust has offered another $2 million to the government to compensate landowners in the Park. Turtles should be saved and landowners should be compensated at a fair price.

For the first time Costa Rica is moving to eliminate a park established in law. If approved this law will establish a precedent such that other parks of interest to developers can also be eliminated, threatening the economic base of ecotourism in the country. Instead, a fee of $1 per night for hotel rooms and rental cars would provide funds to pay landowners and consolidate all the parks.

James R. Spotila, Ph.D., President

The Leatherback Trust

Haddonfield, New Jersey, Nov.14, 2009

Frank Paladino Ph.D. has devoted years to the study of Leatherback sea turtles in Costa Rica and all over the world. He now adds his voice to the many conservationists strongly opposed to downgrading Las Baulas National Park and threatening the survival of these magnificent creatures. Frank is a distinguished professor in the Department of Biology at Purdue University. He has been an integral part of The Leatherback Trust for years as well. Many of the people we have highlighted on Nature Blog have literally committed their lives to preserving and protecting our natural world. Theirs are voices that speak on behalf of nature and our debt to them is priceless.

The following is an excerpt of an open letter recently written to all Costa Ricans by Dr. Paladino:

I have worked for over 20 years on beaches in Costa Rica on research involving marine issues mostly with turtles but also with large pelagic fishes. Over 45 graduate students have participated and completed important scientific studies on marine issues. These students are from the USA, Costa Rica, Argentina, Spain, Australia, Colombia, Peru, Germany, Switzerland, South Africa, England and Greece. The scientific research of these brilliant young people, coming to Costa Rica from all over the world, have led to the publication of over 55 reviewed scientific papers in the leading international scientific journals.

The results of these properly authorized and conducted studies, led to the conclusion that Parque Nacional Marino Las Baulas is an essential and important national and international marine park that protects the largest nesting population of the critically endangered leatherback sea turtles in the Eastern Pacific. This research of 20 years has been well documented and very open and transparent as has been the work with local communities, the Costa Rican Government, NGO’s, many collaborating scientists, and the National Park Service to help protect and understand this international treasure protected by your Parque Nacional Marino Las Baulas de Guanacaste.

This new law introduced by President Arias will be the death of the Costa Rican National Park System and the protection it provides to your environmental national treasures. The world has looked-up to Costa Rica as an example of how to shape an ecotouristic economy; yet this action by the Arias administration will open Pandora’s box to the elimination and attacks on all the other national parks.

The Leatherback Trust is an NGO and has been audited in both the USA and in Costa Rica. All donations have been used to support the educational, scientific and conservation goals of TLT. We have donated funds to the government through the courts to acquire undeveloped open land within the park boundaries. We have purchased one building that now serves as the Goldring Marine Biology laboratory, the only Marine Laboratory in the park. It serves as an educational facility where scientists, students and volunteers have come to work with the park administration, all with the proper scientific permits from Costa Rica, under the umbrella agreement with MINAE that established this facility as an educational and research institution. This facility has been used by MINAE and NGO’s also for workshops and training courses in the area of marine conservation and protection.

The government sanctioned management plan was conducted by Costa Rican scientists who concluded that this park and the fragile area are critical; furthermore, that it would not support the type of development planned by developers, as has now been confirmed by technical criteria issued by the government’s institution administrating subterranean waters and irrigation, SENARA.

The rest of the world and I now doubt the commitment of the Arias administration to protect your national treasures including aquifers, preserve your ecotouristic economy based on them and respect your own scientists and findings that demand you protect these important places and animals for all time.

To view a fascinating National Geographic video featuring Dr. Paladino and the Leatherbacks, please click here.

Dr. Richard LaVal received an email from Alvaro Ugalde with the Voice of the Leatherback Turtles attached. He read the magazine and immediately sent a letter to the Legiislative Assembly on behalf of Las Baulas National Park and the Leatherbacks. In addition, he forwarded the magazine to colleagues and friends and provided his own introduction. We will share both his letter and his introduction with you.

To download a copy of Voice of the Leatherback Turtles click here.

First, it is important for you to know a little about Richard because it adds credibility to his sincerity. Dr. Richard LaVal first visited Costa Rica in 1967 as a graduate student in the Organization for Tropical Studies tropical biology course. He moved to Costa Rica in early 1980 and lives in Monteverde. He is a member of the Tropical Science Center in San Jose, owner of the Monteverde Cloud Forest Preserve  and a leader in conservation efforts within the country. He has been doing extensive research and giving lectures and field experiences on bats. He has found time to write a book (Murciélagos/Bats de Costa Rica) and many articles in scientific journals. More recently he opened a state-of-the-art live bat exhibit in Monteverde, the Bat Jungle, that is unique in the world and one of the leading natural history exhibits in Costa Rica.

In the introductory note to his friends, he encourages them to send their own letters protesting the legislation to downgrade this national park to a wildlife refuge, which effectively opens it up to commercial development.

He writes,“ I have seen these magnificant turtles many times laying eggs on this beach. It is an unforgettable sight! I also saw, on an adjacent beach, one of the results of development, which always has brilliant lighting - a street light was actually on the edge of the beach, and confused hatchling leatherback turtles were walking in endless circles under the light trying to get to the ocean. No doubt they were picked off by predators before they ever reached the sea. Turtle biologists tell us female turtles will turn back if they encounter lights on a beach, so development anywhere near Playa Grande beach is simply out of the question.”

His letter to key members of the Legislative Assembly, which are provided in the magazine, is very compelling and it follows:

I strongly recommend that you reject the bill now pending before the Environment Commission of the Legislative Assembly (Expediente No. 17.383 “Rectificación de Límites del Parque Nacional Marino Las Baulas y Creación del Refugio de Vida Silvestre Las Baulas de Propiedad Mixta.”) This proposed legislation is not necessary and has been rejected by legal, political, and environmental experts in Costa Rica and around the world.

Leatherback turtles return each year to make nests and lay their eggs on the beach where they have hatched. Costa Rica’s Las Baulas National Marine Park is their home and has been for thousands of years. The Leatherback turtles in the Pacific Ocean are at extreme risk of extinction. There are today probably fewer than 1,000 individuals remaining in the entire eastern Pacific. The downgrading of the Park’s protection of the turtles puts them at imminent risk.

The Leatherbacks are magnificent animals completely deserving of all the respect humans can give them. If these turtles become even more threatened and disappear as a result of this careless and unnecessary legislation, all humans will be the worse for it. Ethically and morally, it is unconscionable; economically it is unwise, because Costa Rica’s green image will be forever sullied; and politically it is monumentally absurd since the reputation of Costa Rica as a country that pretends to lead the world with Peace with Nature will be shown to be a charade.

Reject this bill. Save the habitat of the Leatherback turtles, and save Costa Rica the shame and embarrassment of shoddy, anti-environmental legislation

Richard LaVal