Nature Air

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