STATEMENT
“FOR THE SAKE OF OUR NATIONAL PARKS AND THEIR EXTRACTIVE FREE STATUS”

The undersigned people and organizations declare that:

• National Parks protect the best of Costa Rica’s natural and cultural heritage.
• We oppose the bill # 17715, which seeks to open national parks to commercial fisheries
activities, and which was approved by the Commission of Puntarenas Affairs of the
Legislative Assembly.

Our opposition is based on the following reasons:

1. By definition, national parks are incompatible with extractive activities. Costa Rica’s
legal framework does not allow for extractive activities in national parks. Bill # 17715
proposes to allow the creation of Responsible Fishing Marine Areas inside the Marine
Protected Areas of National Parks. As defined by the FAO as well as by executive decree #
35502-MAG of August 3 of 2009, fishery products caught inside Responsible Fishing
Marine Areas may be commercialized.

The Constitutional Court has emphasized that national parks are destined to
conservation, recreation, and environmental education, because of which in these sites
“the only activities that can be allowed are those that not disturb the present wildlife in
any way whatsoever ,” (#2004-10484). Allowing fishing activities in the terms proposed
by bill #17715 is contrary to everything that has been established in laws, the Constitution,
international treaties, and the Constitutional Court itself.

We point out that a bill isn´t even required to authorize fishing for domestic consumption
(non commercial) in national parks. Fishing for domestic consumption is currently allowed
in National Parks when the State deems it is technically viable through a respective
Management Plan.

2. The Marine Protected Areas of National Parks represent only 0.64% of Costa Rican
jurisdictional waters. As these Marine Protected Areas include less than 1% of Costa
Rica’s waters, it is unnecessary to promulgate a new law to open these areas to fishing.
99% of Costa Rica’s waters are available to promote projects that benefit the artisanal
fishing sector, as well as others interested in responsible fisheries.

3. National parks are the last refuge for many overfished species. Conch and lobster, two
heavily overfished species, still find refuge in national parks. It has recently been proven
that national parks are in fact effective tools to restore degraded ecosystems and recover
not only biodiversity, but the processes that keep the planet alive as well, such as the
recycling of nutrients, the absorption of CO2, and the production of new organisms.

4. Marine protected areas have allowed for the improvement of important biological
parameters. A compilation of 89 independent studies held throughout the globe,
demonstrated that four biological parameters experienced significant changes in marine
protected areas, when compared to areas without protection:
• Diversity increased up to 30%.
• Biomass tripled.
• Species density doubled.
• Size of fish increased significantly.

5. Species that inhabit marine protected areas of national parks eventually migrate to
areas where they can be commercially exploited. National parks allow for the
regeneration of species and the protection of biodiversity, indispensible factors for the
recovery of fisheries. Scientific studies have found that national parks are a source of
larvae, juveniles and adults of species that are commercially exploited outside of the
protected area. This is known as the “overflow” effect, and has been confirmed by an
array of global studies. Fish that are born, raised, and that reproduce in national parks, do
not stay confined there. They migrate.

6. Social problems can’t be solved by legalizing illegal activities, they only get worse.
According to a recent press release issued by the National Liberation Party, bill # 17715
seeks to “avoid piracy and illegal fishing” in national parks. In our view the bill doesn’t
avoid piracy or illegal fishing at all, it just legalizes both. To argue that the solution to such
a complex problem such as illegal fishing in national parks lies in the legalization of such
activities, is like trying to solve illegal logging in national parks by allowing it. Illegal fishing currently represents a serious problem in national parks and the Ministry of Environment lacks the financial resources to fight it. We would like to ask the authorities the following question: How will the children and grandchildren of the artisanal fishermen make a living when no more populations of fish remain that can be sustainably exploited, not even in national parks?

7. Absence of any technical foundation to promote such a bill. Last july 7th, the
Commission for Puntarenas Affairs approved bill #17715 without any technical support, as
in fact, not a single study to justify this bill can be found in its legislative file. Each national
park has an ecological importance of its own, with unique and proper environmental
conditions. This was all overlooked. Furthermore, this bill would affect the whole
country. Thus, we ask ourselves: Why is that a legislative commission created to address
issues solely pertaining to the province of Puntarenas approves a bill that affects all of
Costa Rica’s national parks on both coasts?

8. The bill is contrary to international environmental obligations adopted by Costa Rica.
Chapter 17 of the Central American Free Trade Agreement (CAFTA) keeps Costa Rica from
diminishing the level of environmental protection that existed before the Treaty was
signed. Bill 17715 is contrary to this obligation. Likewise, the project is contrary to the
Convention for the Protection of Flora, Fauna and Scenic Beauties of American Countries:
the Convention on Biological Diversity: The Convention for the Conservation of
Biodiversity and the Protection of Priority Wilderness Areas of Central America and the
Convention on Wetlands of International Importance (RAMSAR Convention), among
others.

Diminishing the level of protection that natural resources currently enjoy, attempts
directly against the right of current and future generations to enjoy a sane and
ecologically balanced environment.

WE PROPOSE

Due to the above, we categorically express that bill # 17715 is highly negative for the
environment, for the country and for our society. It is clearly a negative change of vision
and philosophy regarding national parks. The approval of such a law would lead to the
imminent degradation of marine ecosystems inside these marine protected areas.
We thus petition the congressmen and congresswomen to oppose this bill and request it
to be archived. We urge a quest, as a nation, for serious solutions to the problems related
to fisheries, such as:

• Creation of more marine protected areas and consolidation of existent ones,
whether under Incopesca’s “Responsible Fishing Areas” or under Minae´s
management categories “Marine Managed Areas” and “Marine Reserves”, as
determined by processes in which fisheries sectors that are interested in
sustainable fishing practices are included.

• Environmental education at all levels, on the importance of the conservation,
management, and sustainable sue of marine and fisheries resources.

• Support research on responsible fishing arts and practices on behalf of the State
Universities.

• Ensure politics is not the driving force behind the institutions charged with marine
conservation and fisheries management (Sinac and Incopesca).

• Strengthening of the National Coast Guard Service in the execution of its control
and surveillance duties.

Costa Rican arstisinal fishermen complain not only of the diminished productivity of their
fishing grounds, caused precisely as an effect of overfishing, but of the inadequate
management and unsustainable use of resources as well. Because of this, the problems of
the national fishery sector will not be solved by allowing fishing in national parks. Holistic
approaches are required.

We urge the State and its institutions to initiate an open debate on Costa Rica’s fishery
issue, that allows for the participation of all interested sectors, and sets the foundation for
a national fishery policy that serves, in an integral and serious fashion, to the need of
Costa Rican fishing communities.

Likewise, we petition the State through Incopesca, as the relevant agency of the Ministry
of Agriculture and Livestock, to explain the status of marine resources in the 99% of
national waters that do not enjoy marine protected status and that are under its
jurisdiction and responsibility.

Signed -

Randall Arauz
Pretoma
(506) 8344-3711

Luis Diego Marín
Preserve Planet
(506)8821 7996
2574 6816

Javier Rodríguez 
Fundación Promar 
(506)8730 1295 
2253 3267 

Viviana Guitérrez 
 Marviva 

(506)8334 7561