Declare the Botaderos Mountain as a Protected Area under the National Park Category
Congreso Nacional
- Published: April 18, 2011
- Issuing body: Congreso Nacional
- Gazette: 32,495
- Category: Environmental
Summary
This law declares Botaderos Mountain as a protected National Park, covering 96,755 hectares across the departments of Colón, Yoro, and Olancho. It protects the forest ecosystems and water resources in the area, benefiting local communities through sustainable conservation regulated by the Forest Institute.
Considerations
That the Constitution of the Republic in Article 172 expressly determines "All anthropological, archaeological, historical and artistic wealth of Honduras forms part of the cultural heritage of the Nation.- The Law shall establish the norms that will serve as the basis for its conservation, restoration, maintenance and restitution where applicable.- It is the duty of all Hondurans to ensure its conservation and prevent its removal.- Sites of cultural beauty, monuments and reserved zones shall be under the protection of the State".
That our current legal regulations determine that the technical and rational exploitation of the Nation's natural resources shall be declared of public utility and necessity, the State shall regulate their use in accordance with social interest and shall set the conditions for their granting to private parties, and the reforestation of the country and the conservation of forests shall be declared of national convenience and collective interest.
That by virtue of the pressure exerted on natural resources as a consequence of population growth, the application of high-level legal protection instruments is required to ensure the conservation of biodiversity and ecosystems.
That economic development must be subject to adequate planning so that it is consistent with the principle of efficiency and results in a fair distribution of the benefits of sustainable use and the conservation of natural resources.
That the current Forest Law, Protected Areas and Wildlife Law, highlights as basic principles the protection and conservation of protected areas and wildlife, access and participation of the population in the sustainable management of public natural resources, protected areas and co-management, the obtaining of environmental goods and services that derive from the sustainable management of forest resources and protected areas and wildlife.
That the National System of Protected Areas of Honduras (SINAPH) is made up of declared and proposed protected areas, one of which is Botaderos Mountain, which is considered as a priority within the system, consequently it is of great importance the protection of the ecosystems it contains, in order to guarantee their conservation and thereby contribute to the sustainable development of the communities.
That the process for the declaration of Botaderos Mountain was ratified in the Cooperation Agreement (Decree 118-99) signed between the Republic of Honduras and the European Union (EU), relating to the execution of financial, technical and economic aid for the execution of actions aimed at strengthening environmental management that ensures the conservation of existing ecosystems.
That the ICF is currently executing the Strengthening Environmental Management of Botaderos Mountain National Park project and being one of its results the legal consolidation of the protected area, a process was initiated through a consultancy for the preparation of technical studies for its declaration process, the results of this study being samples in the context of flora and fauna, important conservation objects such as unique and endemic species of Botaderos Mountain.
That Botaderos Mountain is located on the border between the departments of Colón, Yoro, and Olancho, has a surface area of 96,755.4 hectares, of which 24,223.7 hectares make up the CORE ZONE and 72,531.7 hectares the BUFFER ZONE and forms part of the central mountain system of the country, and the present ecosystems are of great importance in the continuity and connectivity of the Mesoamerican Biological Corridor, it has been considered as one of the areas to be protected at the initiative of various local actors and municipalities, because it possesses an anthropological importance of recent discovery and where both the government of Honduras and foreign scientists are conducting important studies of different archaeological sites discovered.
That the general objective for declaring Botaderos Mountain National Park as a Protected Area is to conserve biodiversity, the integrity of ecosystems, the preservation of its genetic resources, soil stability and water regulation, promoting the organization of already existing productive activities, as well as stimulating the generation of sustainable economic alternatives in favor of the local population, through the participation of the central government, local governments, communities and non-governmental organizations with conservation objectives and civil society in general in the activities of administration, conservation and management.
That appears in the document containing the proposal for the Declaration of Montaña de Botaderos National Park, Technical Opinion 003/2010, dated December 15, 2010, issued by Lic. Eduardo Rico Valladares, Coordinator of the Department of Protected Areas and Wildlife, of Northeast Olancho, through which that office approves the documentation received so that the corresponding proceedings may be initiated regarding the declaration of Montaña de Botaderos as a protected area.
That is attached in the document containing the proposal for the Declaration of Montaña de Botaderos National Park, Technical Opinion DAP-2011-2010, issued by Eng. Henry Granados, Technician of the DAP, Lic. Eula Dominguez Chief of the DAP, dated December 16, 2010, by virtue of which it also determines that it is technically feasible to support the declaration of Montaña de Botaderos National Park and the initiation of the corresponding process for its declaration as a Protected Area through the Draft Law of Montaña de Botaderos National Park, since the documents presented meet the requirements to obtain the respective legal support, therefore it is suggested to continue with the process of the Forest Law and its Regulations and to establish it for presentation before the National Congress of the Republic.
Articles
The National Congress, in Solemn Session shall grant said Recognition to Licenciado Jorge Bueso Arias.
This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twenty-first day of the month of March of the year two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARIAT To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., March 29, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Foreign Affairs. MARIO CANAHUATI CANAHUATI NATIONAL BANK OF AGRICULTURAL DEVELOPMENT PUBLIC BIDDING NOTICE No. 001/2011 The National Bank of Agricultural Development (BANADESA), hereby invites qualified companies interested in participating in Public Bid No. 001/2011, to collect, transport and distribute envelopes, packages and leather bags containing correspondence, between Tegucigalpa and its agencies nationwide. The Bases of this Bidding may be acquired at the Administrative Management of BANADESA, located on the 4th floor of the main building, between 1st and 1st street, 4 and 5, avenues of Comayaguela, M.D.C., upon payment of ONE THOUSAND LEMPIRAS (L.1,000.00) non-refundable, as established by the State Contracting Law. The reception of bids will be from May 27 until twelve noon, at the Administrative Management, which will be opened and read publicly that same day at 2 P.M., in the Session Hall of said Management, located on the 4th floor at the address already indicated. Comayaguela, M.D.C., April 2011. ADMINISTRATIVE MANAGEMENT 18 A. 2011 National Institute of Forest Conservation and Development, Protected Areas and Wildlife AGREEMENT NUMBER 002-2011 THE EXECUTIVE DIRECTOR OF THE NATIONAL INSTITUTE OF FOREST CONSERVATION AND DEVELOPMENT, PROTECTED AREAS AND WILDLIFE CONSIDERING: That the Constitution of the Republic in Article 172, expressly determines "All anthropological, archaeological, historical and artistic wealth of Honduras forms part of the cultural heritage of the Nation.- The Law shall establish the rules that shall serve as the basis for its conservation, restoration, maintenance and restitution as appropriate.- It is the duty of all Hondurans to ensure its conservation and prevent its removal.- Sites of cultural beauty, monuments and reserved areas, shall be under the protection of the State". CONSIDERING: That our current legal regulations determine that the technical and rational exploitation of the Nation's natural resources shall be declared of public utility and necessity, the State shall regulate their use in accordance with social interest and shall set the conditions for their granting to private parties, and the reforestation of the country and the conservation of forests shall be declared of national convenience and collective interest. CONSIDERING: That by virtue of the pressure exerted on natural resources as a consequence of population growth, the application of high-level legal protection instruments is required to ensure the conservation of biodiversity and ecosystems. CONSIDERING: That economic development must be subject to proper planning so that it is consistent with the principle of efficiency and results in a fair distribution of the benefits of sustainable use and conservation of natural resources. CONSIDERING: That the current Forest Law, Protected Areas and Wildlife, highlights as basic principles the protection and conservation of protected areas and wildlife, access and participation of the population in the sustainable management of public natural resources, protected areas and co-management, the obtaining of environmental goods and services, which derive from the sustainable management of forest resources and protected areas and wildlife. CONSIDERING: That the National System of Protected Areas of Honduras (SINAPH) is comprised of declared and proposed protected areas, one of which is Montaña de Botaderos, which is considered as a priority within the system, consequently it is of great importance, the protection of the ecosystems it contains, in order to guarantee their conservation and contribute thereby to the sustainable development of communities. CONSIDERING: That the process for the declaration of Montaña de Botaderos was ratified in the Cooperation Agreement (Decree 118-99) executed between the Republic of Honduras and the European Union (EU), relating to the execution of financial, technical and economic aid for the execution of actions aimed at strengthening environmental management that ensures the conservation of present ecosystems. CONSIDERING: That the ICF is currently executing the project Strengthening Environmental Management of Montaña de Botaderos National Park and being one of its results the legal consolidation of the protected area, was initiated through a consulting process the development of technical studies for its declaration process, the results of this study being samples in the context of flora and fauna, important conservation objects such as unique and endemic species of Montaña de Botaderos. CONSIDERING: That Montaña de Botaderos is located on the border between the departments of Colón, Yoro, and Olancho, has a surface area of 96,755.4 hectares, of which 24,223.7 hectares comprise the CORE ZONE and 72,531.7 hectares the BUFFER ZONE and is part of the country's central mountain system, and the ecosystems present are of great importance in the continuity and connectivity of the Mesoamerican Biological Corridor, this has been considered as one of the areas to protect at the initiative of various local actors and municipalities, because it has an anthropological importance of recent discovery and where both the Government of Honduras and foreign scientists are carrying out important studies of different archaeological sites discovered. CONSIDERING: That the general objective for declaring Montaña de Botaderos National Park as a Protected Area, is to conserve biodiversity, the integrity of ecosystems, the preservation of their genetic resources, the stability of soils and water regulation, promoting the ordering of already existing productive activities, as well as encouraging the generation of sustainable economic alternatives for the local population, through the participation of the central government, local governments, communities and non-governmental organizations with conservation objectives and civil society in general in the activities of administration, conservation and management. CONSIDERING: That there is in the document containing the proposal for Declaration of Montaña de Botaderos National Park, Technical Opinion 003/2010, dated December 15, 2010, issued by Lic. Eduardo Rico Valladares, Coordinator of the Dept. of Protected Areas and Wildlife, of the Northeast of Olancho, through which that office approves the documentation received to proceed with the corresponding procedure regarding the declaration of Montaña de Botaderos as a protected area. CONSIDERING: That attached to the document containing the proposal for Declaration of Montaña de Botaderos National Park, Technical Opinion DAP-2011-2010, issued by Eng. Henry Granados, Technician of the DAP, Lic. Eula Dominguez Head of the DAP, dated December 16, 2010, by virtue of which it also determines that technically it is feasible to support the declaration of Montaña de Botaderos National Park and the start of the corresponding process for its declaration as a Protected Area through the Bill Draft of the Law of Montaña de Botaderos National Park", since the documents presented meet the requirements to obtain the respective legal support, therefore it is suggested to continue with the process of the Forest Law and its Regulations and establish it to present before the National Congress of the Republic. THEREFORE: The Executive Director of the NATIONAL INSTITUTE OF FOREST CONSERVATION AND DEVELOPMENT, PROTECTED AREAS AND WILDLIFE (ICF), using the powers that the Law grants him and based on Articles 1, 172, 340 of the Constitution of the Republic; 116 and 118 of the General Law of Public Administration; 19, 20, 21, 22, 23, 24, 25, 26, 27, 30, 60, 64 and 72 of the Administrative Procedure Law; 1, 2, 3, 6 of the Administrative Simplification Law; 11, 14, 18, 20, 109, 111 of the Forest Law Protected Areas and Wildlife; 315, 324, 326, 327, 329, 330, 331, 332, 333, 334, 335 and 337 of the Regulations of the Forest Law, Protected Areas and Wildlife. AGREES:
TO FORMALIZE the decision of the State of Honduras, represented in this administrative act by the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) to declare as a Protected Area, under the category of National Park to "Montaña de Botaderos", located on the border between the departments of Colón, Yoro, and Olancho, considered as a priority within the National System of Protected Areas of Honduras (SINAPH), consequently it is of great importance, the protection of the ecosystems it contains, in order to guarantee their conservation and contribute thereby to the sustainable development of communities.
SURFACE AREA: Montaña de Botaderos National Park has a surface area of 96,755.4 hectares, of which 24,223.7 hectares comprise the CORE ZONE and 72,531.7 hectares the BUFFER ZONE, the coordinates that delimit the Protected Area, are described as follows: Starting from Station A, of the confluence of the Tayaco and Síco rivers, in a westerly direction, to Station B; then to the Northeast, to Station C; to the Southwest with Station D; continues in a southwesterly direction along the El Naranjal river, until Station F; to the Southwest, with Station H; to the West, with Station I; to the Southwest, with Station J; to the Northwest, with Station K; to the West, with Station L; to the Southwest, with Station M; to the Northwest with Station N; to the Southwest, with Station Ñ; to the Northwest, with Station O; to the Northwest, with Station P; to the Northwest, with Station Q; to the Southwest, with Station R; to the Northwest, with Station S; to the Northwest, with Station T; to the Northwest, with Station U; to the East, with Station V; to the Northwest, with Station WX; to the Northwest, with Station Y; to the Northwest, with Station AA; to the Northeast, with Station AD; to the Northeast, with Station AF; to the East, with Station AG; to the Northeast, with Station AH; to the Northeast, with Station AK; to the East, with Station AL; to AM, until Station AN; to the north with Station AO; to the Southwest, with Station AP; along the Tocoa river, to the Southwest, with Station AQ; to the Southwest, with Station AS; to the Northwest, with Station AT; to the South, with Station AU, AV; to the Southwest, with Station AW; to the Southwest, with Station AX; to the Southwest, with Station AY; and, East, with Station A, to close the polygon. [Coordinate table follows as presented in original]
Within the Buffer Zone, "Special Use Zones" may be declared those that contain ecosystems of high ecological value for the country or protective forests of micro-watersheds that supply water. The main objective of these zones shall be the preservation of the identified resource through field studies.
The usufructuaries of land located within the limits of the buffer zone of the National Park shall continue to retain their usufruct rights and the current use of exploitation must be subject to complying with and cooperating for compliance with the Management Plan that the National Institute of Forest Conservation and Development, Protected Areas and Wildlife approves, as well as to other applicable regulations that are generated in this regard.
The Agro-Forestry Groups, located in the Buffer Zone that have executed usufruct contracts for the exploitation of natural resources, must comply with the regulations that are issued in this regard.
The total surface area of Montaña de Botaderos National Park is of national tenure, therefore the land is considered property of the State, and in accordance with current regulations shall become part of the Catalog of Inalienable Forest Heritage, and any process of land titling to private parties is prohibited therein.
The management programs and activities of the Park shall be established through the respective Management Plan in accordance with current regulations.
The administration of Montaña de Botaderos National Park shall be in charge of the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF), for the purpose of complying with coordination and support actions, the other institutions, which in their respective field of competence, have attributions within the perimeter of Montaña de Botaderos National Park must coordinate actions with the ICF and with the institutions and organizations that in the future perform co-management functions of the Area.
In compliance with the provisions of Article 255 of the Constitution of the Republic, Articles 32 and 33 of the Administrative Procedure Law, and Article 329 of the General Regulation of the Forestry Law, Protected Areas and Wildlife (Executive Agreement No. 031-2010), this Agreement shall be published three times within a period of thirty (30) calendar days, with intervals of ten (10) days, in the Official Gazette "La Gaceta" and through a newspaper of national circulation and in a local radio medium that has coverage in the locality or region where the area to be declared is located. Likewise, in the notice board of the Municipal Corporations involved, a certification of this Agreement shall be posted for a period of thirty (30) calendar days, as well as on the ICF electronic portal.
Those who consider themselves harmed by this decision of the State may submit in writing to the ICF, together with the corresponding documentation, the reasons and legal grounds for their claim, and they may also avail themselves of arguments based on the political, ecological, social, and economic criteria recognized by the Regulation of the Forestry Law, Protected Areas and Wildlife for the SINAPH and that negatively influence the creation of the protected area, within sixty (60) business days after the date of publication in the Official Gazette "La Gaceta" of the notice referred to in the preceding Article. If there are no claims, the ICF shall proceed to submit this Agreement for approval by the National Congress of the Republic.- BE IT DONE. Comayaguela, M.D.C., January 11, 2011. ENG. JOSÉ TRINIDAD SUAZO EXECUTIVE DIRECTOR ABG. MARTHA GUADALUPE TERUEL GENERAL SECRETARIAT National Institute for the Conservation and Development of Forests, Protected Areas and Wildlife NOTICE OF DECLARATION OF PROTECTED AREA OF MONTAÑA DE BOTADEROS NATIONAL PARK, MUNICIPALITY OF GUALACO, SAN ESTEBAN, DEPARTMENT OF OLANCHO, TOCOA, SABÁ, DEPARTMENT OF COLÓN, OLANCHITO, DEPARTMENT OF YORO The Honduran State, represented by the National Institute for the Conservation and Development of Forests, Protected Areas and Wildlife (ICF), notifies the general public of the determination through Agreement 002-2011 to declare as a Protected Area the parcel of land located in the Municipalities of Gualaco, San Esteban in the department of Olancho, Tocoa, Sabá in the department of Colón and Olanchito in the department of Yoro, under the category of Montaña de Botaderos National Park, and shall be integrated as part of the National System of Protected Areas of Honduras (SINAPH); with the primary objective of protecting the ecosystems existing within Montaña de Botaderos National Park, as representative samples of Pine Forests, Mixed Forest and Broadleaf Forest; microbasins, water supply sources, rivers, streams and other ecosystems associated with the mountainous mass of the Sierra de La Esperanza. The Montaña de Botaderos National Park shall have a total area of ninety-six thousand seven hundred fifty-five hectares (96,755.4 hectares), of which: 24,223.7 hectares are declared as Core Zone and 72,531.7 hectares are declared as Buffer Zone, having the following polygonal limits that define the Buffer Zone and Core Zone: [coordinate table follows as presented in original] All those possessors and owners of real property found within the limits of the Montaña de Botaderos National Park shall continue to retain their rights with respect to the same, however they shall be subject to the provisions of the Management Plan, as established by the Forestry Law, Protected Areas and Wildlife. Likewise, any person who considers themselves harmed by this decision of the State may submit in writing their claim or opposition in accordance with the Law to the National Institute for the Conservation and Development of Forests, Protected Areas and Wildlife (ICF), attaching the corresponding documentation, the reasons, facts, and legal grounds on which they base their claim, which must be done within sixty (60) business days after the date of publication in the Official Gazette "La Gaceta". If there are no claims, the ICF shall proceed to submit this Agreement for approval before the Honorable National Congress of the Republic. 18 A. 2011 SECOND COURT OF LETTERS SECTIONAL OF COPÁN REPUBLIC OF HONDURAS, C.A. NOTICE OF SUPPLEMENTARY TITLE The undersigned, Secretary of the Second Court of Letters Sectional of the Department of Copán, MAKES KNOWN: That in the application for Supplementary Title filed by Mrs. CECILIA AHUMADA ROMERO LUMENS, of legal age, unmarried, Bachelor of Business Administration, Honduran, and resident of the municipality of San Pedro, Copán, is the owner of a parcel of land located in the SIEP BLOCKS OF SURFACE AREA, located in the place called Áruco Llano Grande, jurisdiction of the municipality of San Pedro de Copán, whose boundaries are as follows: To the North, they border with Catapa and Rolando Rojas, Genaro Villanueva, Daniel Mejia; to the South, they border with Marlen Suyapa Romero, río Catapa, Delmi Lourdes Romero Lemus and Ernesto Rojas; to the East, they border with Mario Peña Lopez, Rolando Rojas; and to the West, with Elvis Epigardo Lemus España, represented by Abog. Deysi Maria Galeano Vides. Santa Rosa de Copán, February 9, 2011.- YOLANDA MEJIA SECRETARY, BY LAW 18 M., 18 A. and 18 M. 2011 UTILITY MODEL PATENT Registration request for: UTILITY MODEL PATENT Request number: PU/2010-1102 Date of filing: May 20, 2010 Date of issuance: August 2, 2010 Name of applicant: LESBY ABISAQ SEVILLA MÁRTIR Address: San Pedro Sula, Cortés. Legal representative: MARIO TURCIOSALARCÓN Denominated: "MULTIFUNCTIONAL JACKET" Summary: This model is characterized by its multifunctionality, being compatible with a shoulder bag, due to the variety of styles provided by the jacket allowed by the detachment of sleeves and skirt, due to the variety of styles provided by the shoulder bag allowed by the adaptation of its shape through pressure fasteners and straps. This is made public for the purposes of the corresponding law. Article 35 of the Industrial Property Law CAMILO BENDE CEPEREZ Director General of Intellectual Property 18 A., 18 M. and 18 I. 2011
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