New Presidential Decree On Protected Areas

[Hipocrito Mejia]

There is a new presidential decree authorizing the development of protected areas in Bahia De Las Aguilas, Parque Nacional Jaragua, and Parque Nacional Del Este.

I am not sure of all the details, as I they were talking about it this morning on tv (Hoy Mismo), but I started watching near the end of the segment. I have not been able to find any articles regarding this on any of the newspaper websites, and the decree has not been posted on the website for the office of the presidency yet. They showed a photocopy of the actual document on tv.

Does anyone have any more info on this?

[Narcosis]

The decree is in the Friday edition of Diario Libre page 24 of the sports section.

[Keith R]

Anybody have a scanner and can send the scan to me?

Oh well, guess I can wait for them to post it on the presidential site. Probably better to go through the weekend without reading it and getting upset....

[samiam]

Forget the presidential site, they havent posted any 2006 decrees.

I read the decree, it basically states that areas of the parks of Bayahibe and Jaragua are liberated from the condition of National Park so they can be developed for tourism. The exploitation of these land will be overseen by a comission formed by the secretaries of Tourism, Environment, Public Works and Mr. Marino Ginebra.
So, there it finally is....up for grabs!!

[Keith R]

Originally Posted by samiam

Forget the presidential site, they havent posted any 2006 decrees.

I read the decree, it basically states that areas of the parks of Bayahibe and Jaragua are liberated from the condition of National Park so they can be developed for tourism. The exploitation of these land will be overseen by a comission formed by the secretaries of Tourism, Environment, Public Works and Mr. Marino Ginebra.
So, there it finally is....up for grabs!!

Oh great. What a surprise. A commission where the Environment Ministry is outvoted (maybe even 3:1 -- pardon my memory lapse, but who is Marino Ginebra?).

Yeah, I noticed that they are far behind on posting decrees. Anyone have a scanner?

[Dolores]

Number 686-05

Considering: That the Sectorial Law of Protected Areas No. 202/04 of 30 July 2004 removed from the restricted areas under National Park status a fringe of land located in the National Park of the East in Bayahibe and another in the National Park Jaragua in Pedernales, establishing new categories for conservation, surfaces, locations and limits.

Considering: That the purpose of the freeing of the abovementioned areas is to permit that the municipalities and provinces garner economic, job and commercial benefits from the exploitation of the tourism industry, through investments for the development of important hotel projects and complementary tourism projects.

Considering: That in a coordinated way, well defined plans directed to the development of sustainable tourism, coherent and in harmony with the surroundings, that integrate in an effective way the institutions and sectors related to direct and establish policies in line with studies and ground territorial plans carried out and to be carried out in both tourism poles.

Considering: That tourism needs to be a matter of sustainable development in those areas that for their natural conditions result in great value for the tourism exploitation and where the preservation of natural heritage can be conciliated with an activity that generates and stimulates the economy, such as the tourism industry.

Seen the Sectorial Law of Protected Areas No. 202-04 dated 30 July 2004.

Seen the General Law on Environment and Natural Resources No. 64-00 dated 18 August 2000.

Seen the Law that creates the Ministry of Tourism No. 541 of 31 December 1969, modified by Law 84 of 26 December 1979.

Exercising the attributes given to me by Art. 55 of the Constitution of the Republic, I dictate the following:

Decree

Article 1: The commission for the tourism development of the stretches liberated by the Sectorial Lawo f Protected Areas in Pedernales and Bayahibe will be presided by the Minister of Tourism and made up by:

1) Minister of Environment, 2) Minister of Public Works 3) director of the National Institute of Sewage; and Mr. Marino Ginebra.

Article 2: The commission created by this decree will be in charge of preparing, orienting and guaranteeing the implementing of a development plan for the areas freed for development under hte Sectorial Law of Protected Areas int he National Park of the East and the National Park Jaragua, where investment in tourism projects and ecotourism projects may render significant economic benefits that positively impact to improve the living conditions of the local communities.

Article 3: The Commission created by this decree will determine the mechanisms and the procedures to follow to implement the mandate given by the present decree.

Given in Santo Domingo on 30 December 2005.

President Leonel Fernandez

[Keith R]

Many thanks, D.

Any idea how to get ahold of a copy of Law 202-04, on which this decree relies so heavily? It still has not been posted to the Environment Ministry's site and so far they have ignored my emails asking for a copy. I also could not find it on other DR government sites I checked.

[Dolores]

Adolfo Lopez, a well known ecology supporter, writes regarding the newly released decree….

1. The first consideration on which it is based is false. In no way does the Sectorial Law of Protected Areas remove from restrictions for tourism use the protected areas of Guaraguao-Punta Catuano and Bahia de las Aguilas. It merely limits itself to changing the category of management, that is Category of Protection VI, Protected Landscape.

The landscapes that are protected are:

In the case of the reclassified zone in the National Park of the East, a coastal zone with a semi tropical forest, where there are no hotels nor can these be built without destroying the landscape that they intend to protect.

In the case of the reclassified zone in the National Park jaragua, an area of tropical beach within a framework of desert vegetation, where there are no hotels and in no way can these be built without destroying the landscape that there is the intent to protect.

The uses that can be given with this category limit the allowing of visits, and carry out infrastructure for walkways or rest areas. Never permanent structures and much less cement or block structures.

2. The second consideration on which the decree is based is false because no where in the Sectorial Law of Protected Areas 202-04 is there a mention of removing areas from protection. As explained, Law 202-04 limits itself to change the category for the management of the national parks of the East and Jaragua.

3. The third consideration refers to a matter that has nothing to do with the Sectorial Law of Protected Areas nor with the National System of Protected Areas but with laws that refer to the tourism development of the country, which cannot be taken into consideration when drawing guidelines for protected areas. The protected areas, according to the General Law of Environment 64-00 are directly under the dependence of the Ministry of Environment.

4. The fourth consideration is especially deceitful, when pretending that the declaration of a protected area, is based on the promotion of tourism, something completely false, that in no way is admissible when referring to the protection of determined areas, based on the particular biodiversity that these areas have.

5. It is illegal and out of order to issue a decree that flagrantly violates the Environmental Law, that specifies very clearly that the only institution responsible for the management of protected areas in the Dominican Republic is the Ministry of Environment.

It is scandalous that they may seek to make responsible for the use and management of two protected areas, by decree, a group of persons in detriment to the legal and exclusive attributes of the Ministry of Environment.

This decree is too much like those issued by Hipolito Mejia to favor the interests of Globalia, S.A. that were later declared illegal and never executed.

[Dolores]

Meanwhile, there are reports that equipment belonging to the Ministry of Public Works has already opened a trail-road through the Parque del Este.

[Dolores]

Marino Ginebra is the chief officer at Amhsa Marina. During his participation in a press conference during the Dominican Annual Travel Exchange 2005 (in the presence of foreign journalists) he spoke of his company's interest in participating in hotel development in the Bahia de las Aguilas area and that his company had already submitted a proposal to the Ministry of Tourism. Note that the present Minister of Tourism is the strongest supporter of developing Bahia de las Aguilas.