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.”

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

Another voice and another threat to Costa Rica’s Leatherback sea turtle has been added to the chorus of opposition to the proposed plan to downgrade Las Baulas National Park to a wildlife refuge. Todd Steiner is the Executive Director of the Turtle Island Restoration Network and he warns about the dire effects of climate change on the sea turtle’s Las Baulas habitat. They have had an ongoing relationship with Costa Rica’s own PRETOMA in  preserving the marine life around the Cocos Island.This twenty year old organization is an international marine conservation association headquartered in California whose 10,000 members work to protect sea turtles and marine biodiversity in the United States and around the world.

In addition to an Op Ed piece that ran in the Tico Times on October 2^nd, which is printed in its entirety below, these stewards of the sea turtle are gathering the support of one hundred key scientists as signatories to an open letter in direct opposition to the government’s plan. They are assisting seeturtles.org with a letter of support from Costa Rica’s eco-tour operators. There will be a forthcoming press release supported by the top NGO’s in the world conservation community. Todd will be sharing these with Nature Blog as soon as they are available.

Climate Change Affects Sea Turtles Nesting Sites

President Oscar Arias spoke eloquently at the United Nations about the need for action on global warming.  

Scientists have warned that, even if we were to immediately stop emitting all greenhouse gases, we cannot reverse some of the consequences we are already witnessing.   Melting polar ice caps and rising seas could spell doom to seaside resorts and homes, as well as one of Costa Rica’s flagship species, the sea turtle.

As sea levels rise, sea turtle nesting beaches will be flooded and the turtles will have to find nesting sites further inland from today’s shoreline. Yet, President Arias has proposed to downgrade Las Baulas National Park to a wildlife refuge, although the park includes one of the most important nesting beaches for the critically endangered Pacific leatherback turtle.

This proposed downgrading would allow new beach houses and condominiums right behind nesting habitat, preventing the leatherbacks from finding higher ground to lay their eggs as sea levels rise.

Hundreds of scientists and more than 30 conservation groups throughout the world, including some of the largest and best known (Conservation International, The Nature Conservancy, etc.), have called on the government of Costa Rica to provide maximum protection for this critical nesting site and defeat the down-listing proposal.

Mr. Arias has tried to build on his Nobel Prize “Peace President” legacy, even starting a Peace with Nature Commission. Yet, his encouragement of the downgrading of this national park makes a mockery of his rhetoric to protect nature, and it questions the sincerity of his commitment to address the impacts of global climate change.

We ask President Arias to withdraw his proposal and join with the world that is trying desperately to rescue this magnificent species from extinction.   In so doing, he would help cement his legacy as the “Peace With Nature” president.

Todd Steiner 
Executive Director
Turtle Island Restoration Network
Olema, California, USA

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For All Time is a twenty year old, award-winning documentary, addressing the urgency for creating the Las Baulas Marine Park. This video is timeless, primarily because absolutely nothing seems to have changed in the two decades since. Inaction is a co-conspirator with time, and both are mortal enemies to the preservation of the natural environment. 

The Leatherback sea turtle has silently witnessed the demise of the dinosaur and somehow managed to survive over a million years, enduring every natural threat imaginable. In the blink of fifty years, we have brought these creatures to the very brink of extinction because we have confused stewardship of the natural world with ownership.

The three principals in the video have a long history with Las Baulas and are no less committed to its survival today. Mario Boza, one of the architects of Costa Rica’s national park system is now a conservation authority, involved with countless projects and is still an outspoken advocate on behalf of the country’s wildlife. Dr. Peter Pritchard is a world-renowned expert on turtle species. We have recently published his incredibly powerful plea on behalf of the preservation of Las Baulas and the entire national park system. It is a stunning bookend to his appearance in the video twenty years earlier. Mario Boza recalls, “Baulas Park was created in 1991 based on the research and recommendations by James Spotila, Frank Paladino and Peter Pritchard.”

No one has been closer to this situation than Maria Teresa Koberg Gutierrez, who briefly recounts her story:

The very same threats to the Leatherback sea turtles in Playa Grande that we encountered in the late eighties, rampant urban development and the destruction of the Leatherback’s nesting effort, their eggs and hatchlings, are present today.  Unfortunately, now only a few Leatherback’s nest in Playa Grande every season because the spoilage of their eggs during several decades, has taken its toll.

In the early eighties, empowered by the First Lady, Margarita Penón de Arias, who had accepted, at my request, to be Godmother of the Sea Turtles of Costa Rica; I approached the protection of sea turtles along both the Caribbean and Pacific coasts.

Together with Alicia Vega Rojas, Margarita’s personal assistant, Mario Boza, Director of the National Parks Foundation wherein the Sea Turtle Rescue Program created by myself was administrated, and Peter C.H. Pritchard, scientific advisor of the program; we were able to inspire the Girl and Boy Scouts Association of Costa Rica to help us protect the sea turtles. It worked, and under the firm and wise guidance of Stanley Rodríguez Méndez, more than 3,000 youngsters patrolled the beaches at both Matina and Playa Grande. The results were amazing and included the creation of Las Baulas de Guanacaste Marine National Park and the inspiration for creating two Leatherback sea turtle reserves along the Caribbean coast, at Pacuare, north of Matina:  The Endangered Wildlife Trust’s Pacuare Reserve, founded by John Denham and administrated for more than two decades by John, and Carlos Fernández Alfaro, along with Estación Las Tortugas, founded and administrated by Stanley Rodriguez Méndez.

The Girl and Boy Scouts’ program also brought sea turtle conservation, up to then the domain of government officials and foreign scientists, to the Costa Rican middle class. At present, Costa Rican sea turtle beaches are protected by both Costa Rican and visiting volunteers.

The story behind the production of For All Time is one of overcoming all sorts of challenges, plus a fair amount of serendipity. You are encouraged to visit the web site of the Honu Project.

International conservationists continue to protest Costa Rica’s plan to downgrade Las Baulas Marine Park, threatening the very existence of the ancient, Leatherback sea turtle. The country’s national park system anchors the billion dollar a year tourism industry and compromising it will undermine this vital economic sector, not to mention its global status as a bastion of wildlife and ecosystem protection.

On Sept 2^nd, Carl Safina, Ph.D. wrote an opinion piece in La Nacion, voicing his opposition to the proposed plan for Las Baulas, which we have translated and printed below. Dr. Safina is a member of the Blue Ocean Institute at Stony Brook University in New York. He wanted me to add the following to his editorial, “You can say I was there for 12 days in 2003 in the course of writing my book Voyage of the Turtle, but more than that I visited leatherback turtle nesting and feeding and migration areas in Canada, the U.S., the Caribbean, California, Mexico, Costa Rica, and New Guinea. I got a really good feel for the importance of Baulas Park.”

While you read Dr. Safina’s opinion piece, please spend a moment with the incredible photograph of the subject of this outcry from conservationists around the world. Who will speak for these exquisite, timeless beings if we don’t?

To the Editor,

Many  international conservationists are disturbed by news that Costa Rica’s Congress is considering a bill to do away with Las Baulas National Park. Baulas is not only absolutely vital to the existence of Costa Rica’s Pacific leatherback sea turtles. It is the most important remaining nesting ground of this critically endangered turtle in the entire east Pacific Ocean. 

These turtles are extraordinary; they can weigh up to one ton. A few yearsago, I traveled throughout the Atlantic and Pacific while researching a book I wrote on these creatures. I saw many of their sites and former sites, and came to understand what is needed for their survival, and how, in well-managed sites in the Caribbean, especially Trinidad, these turtles draw many tourists.

Their Pacific population is in great trouble due mainly to beach disturbance. They have declined by about 98 percent since the early 1980s. Former large nesting populations in Mexico are a tiny fraction of earlier numbers. In the west Pacific, the leatherback turtle’s largest population has apparently gone extinct in the last few years.

These creatures, and the world, need Costa Rica to do what it can to protect the remaining Pacific leatherbacks and promote their recovery. And so little is required. All that is needed is darkness on the beach at night and protection of nests. The beach at Las Baulas Park that is currently without houses should remain so, and the Park should be reaffirmed by Costa Rica’s Congress. Existing homeowners should keeps lights low and use yellow bulbs outside at night. For this little investment, Costa Rica and cooperating local homeowners would make a significant contribution to world conservation. 

Carl Safina, PhD

Blue Ocean Institute

Stony Brook University, New York, USA

___

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The political response to the simmering controversy over the proposed dismemberment of Las Baulas National Marine Park comes as no surprise. It is the job of all political subordinates, regardless of country or circumstance, to support their leader. In this case, it is Jorge Rodriguez, Minister of MINAET, Costa Rica’s Environment, Energy and Telecommunications Ministry. He wrote an opinion piece in the August 18^th issue of La Nacion, entitled, “Conservation Remains our Priority”.

In spite of what he has to say, which is totally refuted by a Ph.D. and sea turtle biologist from Drexel University, Pilar Santidrián Tomillo, he is merely a stalking horse for President Arias. There is no question that the expropriation of the land within the national park is a very serious financial challenge, although exaggerated by administration calculations. However, the scientific issues relating to Leatherback sea turtle habitat and the delicate ecosystems within the park ought to be left to the scientists and not the politicians.

On August 5^th, 2005, President Oscar shared his bold vision for Peace With Nature and the very first sentence stated, “Peace with Nature is an invitation to all the countries of the world to unite in a joint effort to strengthen their actions and political commitment in order to reverse the trends of environmental degradation caused by the impact of human activities on the planet’s ecosystems.”

This policy catapulted Costa Rica to the front of the line of countries committed to the preservation and protection of their natural resources. Along with a goal of carbon neutrality by 2021, this small country earned a big seat at the head of the table.

There is simply no justification for downgrading a national park to a wildlife refuge. If Costa Rica can find money for sports stadiums, surely it can look for a way to preserve its Peace With Nature. When the government has to split hairs and stretch the truth regarding the threat to a critically endangered species like the Leatherback turtle, they have already begun to dangerously erode their precious position as a champion on behalf of nature’s preservation. For a country that earns billions of dollars because of its green reputation, they risk everything by sullying it.

Please read the following erudite refutation of Minister Rodriguez’s opinion piece in La Nacion, authored by Pilar Santidrian Tomillo, Ph.D. and sea turtle biologist at Drexel University.

“I write this letter to respectfully answer issues raised in the article published in La Nación on August 18, 2009 by Jorge Rodríguez, Minister of MINAET, about Las Baulas de Guanacaste Marine National Park. I would like to point out that some of the historic and scientific information included in the article are incorrect and could lead to inadequate interpretations and foster disinformation about the Leatherback turtles among the readers of La Nacion.

First of all, I would like to clarify that the main cause for the decline of nesting turtles on the beaches of the National Park was the poaching of eggs that took place intensively in the 1970s and 1980s, and that extended for approximately 20 years at absolutely unsustainable levels for any population of sea turtles. This information was published in the international scientific journal “Conservation Biology” in 2008.

Likewise, fisheries also had an important effect on the Leatherback turtles in the 1980s; however, the impact of fisheries is now considered low (but high for other species of marine turtles such as the green and olive ridley turtles, information to which Don Jorge Rodriguez is probably referring). Furthermore, all of the 46 turtles studied by satellite telemetry during the nesting season in years 2005, 2006 and 2007 left the waters of Costa Rica without being affected by fisheries. Even if fisheries were important in the past and poaching of eggs nearly collapsed the population, the current threats are nowadays the ones that compromise the future of the Leatherbacks. These threats are climate change and tourist development on the nesting beaches.

One can interpret reading Don Jorge Rodríguez’s article that the establishment of the Tamarindo Wildlife Refuge by Decree in 1987 provided protection to the Leatherback turtle; maybe with the intention of justifying the current proposal to lower the category of Las Baulas from National Park to Wildlife Refuge. However, it is of extreme importance to emphasize that this refuge did not protect the Leatherback turtles properly. The effective conservation of the Leatherback turtles did not take place until the area was protected as a National Park.

Furthermore, we can read the following reference in the scientific report for the creation of Las Baulas de Guanacaste Marine National Park written by Dr. Peter C.H. Pritchard in 1990: “The current designation of Tamarindo Wildlife Refuge, administered by Tempisque Conservation Area has been inadequate to protect the land and beaches of LBG (Las Baulas de Guanacaste)”. He continues with the statement: “the beach is subject to chaotic and catastrophic levels of turtle egg collection and visits to the beach of groups without a guide or control. In addition, the habitats at the beach front are threatened by a scenario of commercial development. In any case, the beaches and mangroves are already protected in all Costa Rica by national laws, and the designation of Refuge does not contribute anything new.” Dr. Pritchard ends with the categorical affirmation: “LAS BAULAS DE GUANACASTE needs to be a National Park.”

The protection on the beach started in 1988 thanks to a group of citizens lead by Maria Teresa Koberg, Peter Pritchard, Mario Boza, Esperanza Rodríguez, Edwin Rosales and Stanley Rodríguez. The initiative was to incorporate the guides and scouts of Costa Rica for protection duties at Playa Grande. Over 3000 children from all over the country participated in the program for the first time in 1988-1989, during the school holydays (December-February). These children stayed awake at night to talk directly to the poachers and to convince them of the effects of their actions on the turtles. Surprisingly, the pressure of the group of kids had an effect on an ashamed group of adults, and the intense poaching was reduced quickly, although it was not eradicated until the years of the National Park and the permanent protection provided by the park rangers of MINAET.

The impact of poaching on the population was catastrophic but the cessation of it, in contrast to what happened to other populations such as the one in Malaysia (today considered extirpated), allowed them to survive. In addition, it constituted one of the keys of success of conservation at Playa Grande: the change in attitude of the local people, many of whom stopped collecting and selling turtle eggs in order to become tourist guides within the legal associations of the National Park. This step from poachers to tourist guides was without doubt and from any point of view, admirable.

During nearly 20 years, many people have participated in the conservation of the Leatherback turtles on the beach (scouts, local guides, park rangers, biologists and volunteers) and countless tourists from all over the world have waited until the early morning hours to enjoy the indescribable spectacle of nesting. The effort that beach work takes is only understood by those who have spent time doing it, having felt tired, sleepy, hopeless and cold in the rain. This effort deserves to be compensated by the continuity of the protection of such a wonderful and noble species. It is a heritage for all humanity, for the present generation and generations to come.”

Costa Rica’s national park system was created to protect and preserve nature from our insatiable appetite for profit and progress. These pristine places are the most valuable gifts we have to pass on to our children. The young conservationists in the picture below (courtesy Dr. Peter C.H. Pritchard) are at Playa Grande, standing guard over this Leatherback’s eggs. Our own future as a species is inseparable from the future of this ancient creature. Sanctuaries like Las Baulas are vital for our survival.

Costa Rica’s Peace With Nature is seriously threatened by President Arias’ plan to downgrade Leatherback Marine National Park. The uproar continues as over twenty scientists and conservationists in the country issued a decree in direct opposition to President Arias’ plan which puts the park’s environment at risk, while posing a serious threat to the future of the Leatherback sea turtle.

Every country is feeling the economic constraints imposed by the global financial meltdown. The challenge for Costa Rica is to find a way to preserve its national parks and the extraordinary abundance of life that are protected within their boundaries. Clearly, dissolution of these pristine natural jewels is not the answer. Opposition to this flawed strategy is the first step. We encourage a constructive dialogue in order to find a way to protect this country’s park system, making it impervious to political expedience and macro forces beyond its control.

Please read the statement below and voice your opposition to President Arias’ plan to undermine the very essence of Peace With Nature.

Urgent Press Release to Make Country Aware of Leatherback Bill (exp. 17383)

The bill entitled “Law to rectify the Leatherback Marine National Park’s Boundaries and Creation of Guanacaste’s Leatherback National Wildlife Refuge”(Exp. 17383) signed by Costa Rica’s President and Environmental Minister on May 5, 2009 and presented by the Presidential Ministry to the Legislative Assembly’s Secretary Director on May 21, 2009, contains a series of egregious unconstitutionalities pertaining to article 50 of Costa Rica’s Constitution that guarantees every citizen the right to a healthy and ecologically sound environment. All of these can be summarized in the following points:

1.It reduces the size of Leatherback Marine National Park, created by executive decree in 1991 and later by law in 1995, and excludes all land outside of the public zone without prior technical studies to justify the change in zoning as required by article 38 on the Environmental Organic Law.

2.The proposal is not backed by any type of technical study regarding the environmental conditions present to the area specifically regarding the buffer zone, nor the environmental carrying capacity of the park, but at the same time it proposes to override previously established technical criteria such as the “Research and Management Techniques for the Conservation of Marine Turtles” study that specifically pertains to the parks management.  

3.It compromises the reason Guanacaste’s Leatherback Marine National Park was established: For the protection of the Leatherback sea turtle and the conservation of its habitat and nesting areas, by excluding to adhere to the aforementioned study and by decreasing its size (point 1) (articles 5 & 7), through which the level of protection is diminished to an unsatisfactory degree for the intended purpose of the park.

4.It compromises the collective interest in favor of personal interests: The bill prioritizes the private interest’s of property owners whose lands are actually inside the parks boundaries over what the Constitutional Court called “interests of a higher value” referring to the public’s general interest pertaining to environmental protection, not only by excluding all privately held lands from the park and preventing that the State acquire them as mandated in the Expropriations Law, but also it allows property owners to unconstitutionally –  according to the Constitutional Court’s ruling on December 16, 2008 – develop said lands. 

5.It proposes to create the Guanacaste Leatherback National Wildlife Refuge on lands that the same bill excludes from the Leatherback Marine National Park (article 2), in order to minimize the impacts that these privately held lands have on the park, without any justification or other technical study that explains why it is necessary to remove these lands in the first place – as the originally reason for including then in the park was to lessen these very impacts. 

6.The bill calls for the need to strictly protect these lands, without any technical study, while at the same time excluding them from the current protection they enjoy inside the national park, as is the case with the hillside El Morro situated outside the 100 meter maritime zone (articles 1 & 2).

7.It does not abide by any precautionary measures with regard to the environment and the Constitutional Court’s ruling on December 16, 2008

8.It gives administrative powers to individuals, by creating, “an association consisting exclusively of the refuge’s property owners” (article 9), giving them the authority to make decisions normally reserved for public administrators.

9.It excludes the possibility for future protection of these privately held lands inside the refuge’s boundaries,

10.It orders a change in the type of land use permitted by law without incorporation of the variable mandated by the Constitutional Court on February 6, 2002, based solely on entertaining the conveniences of property owners and their own interests.

11.It establishes only urban development uses inside the refuge, “single family of multifamily housing, individual houses or condominiums, tourism constructions, recreational constructions, ecotourism, public and private infrastructure” (article 11), contradicting the reasons for the establishment of national wildlife refuges to protect the flora and fauna found therein according to article 82 of the Wildlife Conservation Law No. 7317 of October 30, 1992.

12.It modifies the concept of “coverage” in the Urban Planning Law, allowing 100% of the private lands to be constructed upon.

13.It does not recognize the Tempisque Conservation Area (ACT), under SINAC, as the rightful refuge administrator.

14.It allows for the unjustified accumulation of coastal property value, since property owners inside the refuge will be exempt from paying real estate taxes.

Dr. Rafael Arce Mesén, Geógrafo, Docente-Investigador, UCR

M.Sc. Mario Arias Salguero, Hidrogeólogo, CIG, UCR

Dr. Allan Astorga, Geólogo, UCR

M.Sc. Javier Baltodano Aragón, Biólogo, Coeco Ceiba

Dr. Nicolas Boeglin, profesor, Facultad de Derecho, UCR

M.Sc. Rolando Castro, Abogado, CEDARENA

Lic. Gabriela Cuadrado, Abogada, CEDARENA

M.Sc. Vanessa Dubois, Gestión Ambiental, FANCA/FUDEU

Dr. Rafael González Ballar, Abogado, Facultad de Derecho, UCR 

M.Sc. Raúl Guevara, Abogado

Dr. Gustavo Gutiérrez Espeleta, Biólogo, Escuela Biología, UCR 

Dr. Jorge Lobo Segura, Biólogo, Escuela Biología, UCR

M.Sc. Oscar Lucke, Geógrafo, Escuela de Geografía, UCR

Lic. Patricia Madrigal, Abogada, CoopeSolidar 

M.Sc. Jorge Mora Portuguez, Abogado, FANCA/FUDEU

Dr. Eduard Muller, Rector, UCI 

M.Sc. Mario Peña Chacón, Abogado, Facultad de Derecho, UCR

Dr. Carlos Quesada Mateo, Ingeniero Civil, CCT

Dr. Guillermo Quirós, Oceanógrafo, UNA

M.Sc. Alvaro Sagot Rodríguez, Abogado, UNA 

M.Sc. Vivienne Solís Rivera, Bióloga, CoopeSolidar

M.Sc. Luis Carlos Vargas Fallas, especialista en aguas

M.Sc. Luis Villalobos, Médico Salubrista, Investigador, UCR 

For more information

Email: llamadourgenteporelpais@gmail.com

Web site:  http://llamadourgenteporelpais.blogspot.com 

The threat to Las Baulas National Park continues and Nature Blog has joined forces with PRETOMA, a Costa Rican organization with incredible marine conservation credentials. We strongly encourage you to visit their web site and learn more about their important work.

PRETOMA promoted a rally this past Saturday, July 25^th, in Nicoya. We will see if any other media picks up this story, which is why it is extremely important for you to spread the word about this looming threat to the preservation of all Costa Rica’s national parks.

The following is a brief summary of the day’s event provided to us courtesy of PRETOMA:

“On July 25, over 30 conservationists from San José, together with over 300 community members from towns around Leatherback Marine National Park, gathered in Nicoya, Costa Rica for a demonstration against bill 17.383 to downgrade the park to a wildlife refuge. President Arias and other top ranking governmental officials attended the festivities celebrating the 185th anniversary of the region’s annexation from Nicaragua, and they walked right into a full-blown demonstration against the bill.

Posing as an educational group from the University of Costa Rica, demonstrators gained access near the event’s main stage where they unfurled banners and, brandishing megaphones and microphones began voicing their support for the continued protection of the park and their opposition to this government’s propensity to cater to private development interests. In addition to the demonstration, park supporters will send 300+ individually signed letters – collected at the event – to members of the Legislative Assembly.”

Prior to the rally, PRETOMA sent out a mass communication in Spanish to alert people to the event to offer some background. They were kind enough to provide us with English highlights of that document:

Arias…Leave the Leatherbacks in Peace

During Oscar Arias’ administration, private development interests have been encouraged to mount interminable attacks against Costa Rica’s Leatherback Marine National Park, located along the country’s northern Pacific Coast. Over the past few years, multiple bills have been written, each one proposing to rezone the park and open its beaches up to coastal construction projects. Thankfully, through the diligence of the Legislative Assembly’s Environmental Commission, every one of these bills has been tabled.

Desperate to exploit their individual intentions, developers have presented a new bill (17.383), which proposes to degrade the national park to a mere national wildlife refuge. The bill is backed by President Oscar Arias Sanchez himself, who has ordered the members of his National Liberation Party to support it. By showing his support and handcuffing his fellow party members to act otherwise, Arias intends to push the bill through the Environmental Commission and plenary vote before the country’s national elections take place in February. Doing so would guarantee that the incoming government does not meddle with his intentions.

How can we help stop Oscar Arias?

We simply cannot accept the president’s excuses and claims that circumvent compliance with the Constitutional Court’s rulings. Costa Ricans must demand the immediate consolidation of Leatherback National Park and that the executive branch proceeds with the expropriations according to the law. Show your repugnance by asking the Legislative Assembly’s Environmental Commission to table this bill.

Tell President Oscar Arias to:

“Leave the Leatherbacks in Peace”  

PLEASE VOICE YOUR OPPOSITION TO BILL 17.383. Email Senora Hannia M. Duran at the Legislative Assembly: hduran@asamblea.go.cr

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I don’t know about you, but I am often intimidated and overwhelmed by thoughts of climate change, conservation and sustainability. What can you do and where can you turn for some inspiration?

Natureair is a great story, and it is one about vision, perseverance and a dedication to conservation and service. Its Founder and CEO, Alex Khajavi, put it all on the line right after September 11^th, when he purchased a bankrupt Costa Rican airline and overcame some very tough odds along the way. Less than eights years later, it is an extraordinary accomplishment for this company to receive the prestigious Tourism for Tomorrow award, presented by the World Travel & Tourism Council (WTTC).

Alex Khajavi accepted the award at the Global Travel and Tourism Summit, held in Florianopolis, Brazil, May 14th-18th. He said, “It is an honor for us to receive this award from WTTC which is one of the only awards decided by the top 100 tourism companies in the world and that includes on-site audits that vet your sustainable projects. The award only inspires us to do more and continue to chase sustainability, and we hope that it also inspires others, most notably other airlines to take up the challenge on climate change and work to reduce and offset their emissions.”

Sustainable practices and fighting climate change can be a personal decision to begin recycling in your home, or it can be about an airline in Costa Rica. It is the intention and not the scale of the effort that matters. Ultimately, individuals make these choices, whether they are CEO’s or single parent householders. So, this is an opportunity to thank individuals like Alex Khajavi for creating a company that makes a difference by operating responsibly with respect for the environment and the community, basic principles of sustainability.

Jean-Claude Baumgarten, WTTC President and CEO summed up their story very well at the awards ceremony. “In 2004, Natureair made a highly ambitious pledge to set new standards for sustainable practices in the airline industry, compensating for 100% of its greenhouse gas emissions through preservation and reforestation of tropical forests in the Osa Peninsula. And it has not only fulfilled this pledge, but has also implemented a whole host of other effective sustainable policies and activities, including community benefit outreach programs.”

The need to travel and explore is basic to our nature. The curiosity to know what is just beyond the horizon, at the top of a mountain or at the bottom of the ocean, has driven us for millennia. The travel and tourism industries have empowered millions of us to experience the elation felt by early explorers when they first came upon the magnificence and abundance of places like the Osa Peninsula. These modern experiences expose us to the crying need to act responsibly, especially in light of the damage done from over development. The recently held summit was a tremendous opportunity for the sharing of ideas and strategies regarding responsible travel.

Alexi Huntley, Commercial Director for Natureair, was also at the gathering and had the following observations, “This event was the pinnacle of strategic thinking and innovation in tackling challenging issues like climate change, the global recession and even the impact of pandemics on our industry. The industry employs over 225 million people worldwide and represents 10% of global GDP. The ambience was electric, and it was a pleasure to see the Minister of Tourism from Botswana on stage with the CEO of Marriott. While strategies might be different, the goals are common to everyone in attendance.”

Just like you and I, companies are known by the company they keep. Natureair is one example of how Costa Rica’s private sector can do its part in making a positive contribution to the environment and to the people. We want to share the story of another company, GreenSpot.travel, selected by Conde Nast Traveler as one of the Top Travel Specialist since 2006.

Costa Rica is near and dear to GreenSpot.travel’s founders and employees. Those in the organization that are not Costa Rican themselves, have lived in the country, and they want their travel company to give back. Bringing travelers to carefully selected lodging with ecofriendly practices that contribute to conservation and local communities is a priority for GreenSpot. Condé Nast Traveler has recognized GreenSpot.travel for not only their expertise in Costa Rica but for their efforts in green travel by designating them a top travel specialist. The founders realized though that they could make an even greater impact by contributing some of their own profits to community development projects in rural Costa Rica. 

The first project  began with the goal of helping a small school near La Fortuna, where the famous Arenal Volcano is located, to raise money to build a room at the school for indoor activities, talks on environmental sustainability and to make other necessary improvements.  A rural school in Costa Rica doesn’t have many resources. So how can a travel company help?  Richard and Irene Edwards collect gently used clothing from donors in the U.S. and deliver the goods during their regular trips to Costa Rica. Project leaders at the school then sell the clothes for school resources. Read on…