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Wildlife
According to the Sala Constitucional not everyone will have to leave Ostional
By Oliver Pérez


Sunset at Ostional. Photo Emiliana Garcia.

The most recent ruling issued by the Sala Constitucional ordered the Ministerio Ambiente, Energía y Telecomunicaciones (Minaet) and the Dirección Regional del Área de Conservación Tempisque (ACT) to evict only the individuals or corporate entities that may affect the massive nesting of the Olive Ridley Sea Turtle at the Refugio Nacional de Vida Silvestre Ostional. The ruling states: “The proceedings to suspend the execution of Vote Number 2009-2020 dated February 13th, 2009 are not accepted until the bill that is being processed at the Asamblea Legislativa for the Refugio Nacional de Vida Silvestre Ostional has been approved”.

The Sala IV has also clarified and added the dispositive part of the Vote, which states that both the Minaet and the Regional Office of the ACT must only evict the individuals and corporate entities whose presence in the area might affect the goals and purposes of the Wildlife Refuge. The selection process of these people will be done by the Minaet and the ACT, basing themselves on an objective, univocal, technical and scientific criterion that must be reported to the Tribunal Constitucional (Constitutional Tribunal).

The aforementioned process will be carried out with the understanding that if arbitrary or subjective criterion are applied when choosing the people that will be evicted or if any future damage is caused to the natural resources or ecosystems that are being protected – by not carrying out the evictions – it will be the MINAET’s and the ACT’s responsibility. On the other hand, this explanation and addition does not mean to legitimize the irregular situation or substantially dissatisfied with the legal order of those individuals or corporate entities – even if they are not directly impacting the Refuge’s purposes –, which must be corrected or eliminated in a near future through the instruments provided by the legal system and the competence and powers granted to each entity or body responsible in the matter.

The constitutional judges considered the request filed by the area’s Minister, Mr. Jorge Rodríguez, in which he asked for an extension over the six months that he had been given to carry out the eviction of the occupied properties that are located within the Wildlife Refuge, and which should be ready by January 2010.

Finally, the Bill named “Ley de Refugio Nacional de Vida Silvestre Ostional”, is being discussed at the Asamblea Legislativa with the purpose of finding a solution to the situation that is occurring in the area.

More Regional News

The Fine Line Between “Eco” and “Tourism”

Costa Rica is a small country rich in biodiversity and natural beauty that has done a commendable job marketing itself as a premier ecotourism destination. The country is teeming with wildlife and endangered species such as the leatherback turtle find refuge on its secluded beaches as other habitats are ruined by development. More >

Sámara A.S.A.D.A. Prepares for 2010 - Water Board Enters the New Year with
Inadequate Budget and One Less Member

On Saturday November 21st Members of Samara’s Water Board met for the Annual Sámara AyA Assembly in Samara’s community hall to announce and analyze Board Member reports, hear motions and agreements, and elect 2010 Board members. The assembly presented the 15-20 attendees with the 2009 annual budget, aquifer water level records and the opportunity to voice questions and commentaries of the community. More >

Municipalidad approved the start of operations of the Gas Station

On December 21st, eight years of disputes between the Nosara Civic Association (NCA) and the gas station’s owner, Roberto Suárez Villalobos, were left behind as the Consejo Municipal (Town Council) granted the operation permits for the gas station; six out of the seven councillors were in favor of granting the permits – José Antonio Méndez was the only one who opposed–. More >

Ruling Threatens Water Board Finances

The water board, or Asada, for the American Project must comply with a regulatory order to sharply reduce its rates to levels charged by other Asadas in Costa Rica, and while an appeal will be successful, it must lower its rates for the months during the repeal, it was reported at an emergency meeting Dec. 16. More >

The “Mujeres de Matapalo” Project receives government help to start Micro-Business

SAMARA – Officially registered with the Nicoya Municipality Women’s Office in January 2009, “Women 2009 Matapalo” is the formation of 12 local women who have come together “trying to seek new alternatives to face the economic crisis and the multiple obligations that we manage for the great responsibility of moving our children ahead and creating a favorable atmosphere”. More >

Nosara's Periferal Bus Service is still not possible

The 30 kilometers that separate Nosara from Samara have become an ordeal for those who use this road on a daily basis to travel to Nicoya and vice-versa, using mainly the bus service for doing so.

According to Eliecer Rojas, General Manager of the Traroc, the bus company currently in charge of providing the Nicoya-Nosara bus service, it is pitiful that the service cannot be provided in an adequate way, since road conditions do not allow the company to make use of top class vehicles. More >

Nicoya City Urban Area Routes Come to Stand Still

The traffic disorder experience in the city of Nicoya during the last few months continues to bother and worry residents, who urgently require a new code. Absent, fallen or poorly placed road signs, blurry or nonexistent boundaries, vehicles parked in yellow zones or taxi stands and cars going the wrong way any hour of the day are some of the irregularities seen in the case of colonial Nicoya’s urban city center.
More >

Change From Analog TV to Digital Off to a Controversial Start

The step from the analog television system to digital television in Costa Rica had its first controversies after the government formed a commission to analyze which is the most convenient platform for the country, without taking in to account the University of Costa Rica (UCR). On November 5th the Minister of the Presidency, Rodrigo Arias, announced the formation of the Special Mixed Commission that will be headed by the vice minister of Telecommunications, Hannia Vega. This commission must provide a report by March 30th 2010, with the end result to make a decision of which of the five available technologies the country will adapt. More >

 

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