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October 8, 2012In force

Law Declaring Protected Area National Park Montaña Botaderos

Congreso Nacional

  • Decree: 127-2012
  • Published: October 8, 2012
  • Issuing body: Congreso Nacional
  • Gazette: 32,943
  • Category: Environmental

Summary

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This decree establishes Montaña de Botaderos National Park in Honduras with 96,755 hectares to protect its ecosystems, biodiversity, water resources, and archaeological sites. It affects the departments of Colón, Yoro, and Olancho, allowing sustainable ecotourism and economic activities under supervision of the Forest Conservation Institute. Land becomes state property, although existing usufruct rights are respected.

Considerations

Whereas the State of Honduras has sovereign rights over its natural resources and is fully committed to the compliance of articles 172 and 340 of the Constitution of the Republic.

Whereas it is the obligation of the State to ensure the conservation of those natural areas, indispensable for the maintenance of biodiversity, the dignified and sustained development of human beings.

Whereas the State must adopt all necessary measures to protect water sources and natural resources, under the scheme of sustainable development, as a new modality to maintain the balance between humans and nature.

Whereas given the pressure on natural resources resulting from population growth, there is a need for the application of high-level legal protection instruments to ensure the conservation of biodiversity and ecosystems.

Whereas economic development must be subject to adequate planning so that it is consistent with the principles of efficiency and translates into a fair distribution of the benefits of sustainable use and the conservation of natural resources.

Whereas the Forest, Protected Areas and Wildlife Law has come into force through Decree 98-2007, dated September 19, 2007, and having as basic principles of this Law, 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.

Whereas the National System of Protected Areas of Honduras SINAPH is composed of declared and proposed Protected Areas. Montaña de Botaderos being one of them, which is considered as a Priority within the System, and therefore 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.

Whereas Montaña de Botaderos, as part of the central mountain system of the country, contains important ecosystems in the continuity and connectivity of the Mesoamerican Biological Corridor.

Whereas Montaña de Botaderos contains representative samples of pre-Hispanic archaeological remains.

Whereas based on the aforementioned justifications and in accordance with the results of the Biophysical and Socioeconomic Diagnosis, and its special characteristics, it is appropriate to declare it as a Protected Natural Area, with the category of National Park.

Articles

Article 1.-

The Montaña de Botaderos National Park is hereby established, located at the boundary between the Departments of Colón, Yoro, and Olancho as an integral part of the National System of Protected Areas of Honduras SINAPH.

Article 2.-

The general objective of the Montaña de Botaderos National Park is the conservation of biodiversity, the integrity of ecosystems, the preservation of its genetic resources, soil stability, and water regulation, promoting the organization of 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.

Article 3.-

The specific conservation objectives are the following:

  • 1)

    The recovery and protection of ecosystems and biological diversity, the fulfillment of ecological functions and environmental services to the communities involved in the shared management of the area;

  • 2)

    Promote environmental education activities within and outside the Park, with emphasis on the relationship between conservation and sustainable socio-economic development;

  • 3)

    Promote economic activities compatible with the conservation of biodiversity and ecosystems, mainly the development of sustainable tourism with the leading participation of residents of communities participating in co-management;

  • 4)

    Promote equitable distribution of benefits resulting from conservation and management; and provide areas of scenic beauty for scientific, educational, tourist, and recreational purposes; other activities that cause ecological disturbances or are incompatible with the objectives of creation of the National Park; and, 3) Buffer Zone: It constitutes the Zone that surrounds the Core Zone, it is the area intended to maintain equilibrium, mitigate the impact of human activities in the core zone. It acts as a barrier to external influences. This buffer zone shall contain the rest of the ecosystems present in the park and in it productive activities may be carried out that ensure the sustainability of resources in accordance with what is established in the park's use regulations, which must be developed in a participatory manner and shall be approved by the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF).

Article 5.-

The Montaña de Botaderos National Park has a surface area of 96,755.4 Hectares, of which 24,223.7 hectares constitute 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 at the confluence of the Tuyaco Rivers and Río Sico in a westerly direction to Station B, then northwest to Station C, southwest to Station D, continues in a southwest direction along the El Naranjal River to Station F, southwest to Station H, west to Station I, southwest to Station J, west to Station K, east to Station L, southwest to Station M, route to the Limón River, north to Station N, southwest to Station Ñ, northwest to Station O, northwest to Station P, northwest to Station Q, southwest to Station R, west to Station S, northwest to Station T, north to Station U, east at Station V, northwest to Station WX, northwest to Station Y, northwest to Station Z, A, WX, northwest to Station Y, northwest to Station AA, southwest to Station AP, along the Tocoa River, southwest to Station AQ, southwest to Station AT; south to Station AU, southwest to Station AV, southwest to Station AW, northwest to Station AX, southeast to Station AY, and east to Station A to close the polygon. CHAPTER II DEFINITIONS AND DELIMITATION.

Article 4.-

For the purposes of this decree, the terms expressed below have the following meaning: 1) Montaña de Botaderos National Park: It is the area comprised within general limits, intended for the conservation of ecosystems, includes flora and fauna, as well as other associated living organisms, historical-cultural and anthropological resources currently identified and those to be identified in the future, so that this category is dedicated to:

  • a)

    Conserve natural or scenic areas;

  • b)

    Maintain representative samples of the main existing ecosystems;

  • c)

    Serve for the realization of eco-tourism, educational, and scientific activities, which are compatible from the anthropological, ecological, and cultural point of view; and,

  • d)

    Conserve the zone of anthropological origin according to guidelines of the Honduran Institute of Anthropology and History. 2) Core Zone: it is the area considered of national convenience and collective interest for the conservation of its ecosystems; natural area that has received minimal alteration caused by man, within its limits no change or alteration of the ecosystem shall be permitted, no agricultural, pastoral, forest exploitation, mining, dam construction, antenna installation activities, or 51. Protect and promote the conservation of plant and animal species that inhabit within the limits of the Montaña de Botaderos National Park; 6) Protect anthropological resources and promote research of pre-Hispanic monuments found in La Montaña de Botaderos; and, 7) Promote opportunities for the realization of sustainable economic activities compatible with the objectives of creation of the Montaña de Botaderos National Park. ID_N ID_A Zone X Y Latitude Longitude 1 A Buffer 630405.00 1703780.00 15.407700 85.784800 2 B Buffer 624125.00 1704290.00 15.412500 85.843200 3 C Buffer 621607.00 1704640.00 15.415900 85.866700 4 D Buffer 618493.00 1702710.00 15.398500 85.895800 5 E Buffer 616713.00 1702430.00 15.396000 85.912400 6 F Buffer 612704.00 1700110.00 15.375300 85.949900 7 G Buffer 610241.00 1699680.00 15.371500 85.972800 8 H Buffer 608226.00 1697990.00 15.356300 85.991700 9 I Buffer 603302.00 1697720.00 15.354100 86.037600 10 J Buffer 598279.00 1695830.00 15.337200 86.084400 11 K Buffer 597970.00 1696100.00 15.339700 86.087300 12 L Buffer 595188.00 1696260.00 15.341200 86.113200 13 M Buffer 591782.00 1695230.00 15.332000 86.145000 14 N Buffer 592300.00 1697550.00 15.353000 86.140100 15 Ñ Buffer 589804.00 1696800.00 15.346300 86.163300 16 O Buffer 587106.00 1698140.00 15.358500 86.188400 17 P Buffer 586599.00 1700050.00 15.375700 86.193100 18 Q Buffer 583390.00 1700960.00 15.384100 86.223000 19 R Buffer 579349.00 1699930.00 15.374900 86.260600 20 S Buffer 577062.00 1699480.00 15.370900 86.282000 21 T Buffer 573393.00 1700300.00 15.378400 86.316100 22 U Buffer 575147.00 1701960.00 15.393400 86.299700 23 V Buffer 577605.00 1702060.00 15.394200 86.276800 24 W Buffer 578972.00 1703670.00 15.408700 86.264000 25 X Buffer 582325.00 1706750.00 15.436500 86.232700 26 Y Buffer 581276.00 1708170.00 15.449300 86.242400 27 Z Buffer 582683.00 1709350.00 15.460000 86.229300 28 AA Buffer 585312.00 1710390.00 15.469300 86.204700 29 AB Buffer 587316.00 1712840.00 15.491300 86.186000 30 AC Buffer 589880.00 1714370.00 15.505100 86.162000 31 AD Buffer 591682.00 1716130.00 15.520900 86.145100 32 AE Buffer 595806.00 1714690.00 15.507800 86.106700 33 AF Buffer 600827.00 1712950.00 15.491800 86.060000 34 AG Buffer 602628.00 1713000.00 15.492300 86.043200 ID_N ID_A Zone X Y Latitude Longitude 35 AH Buffer 604423.00 1714130.00 15.502400 86.026400 36 AI Buffer 604305.00 1717130.00 15.529500 86.027400 37 AJ Buffer 604448.00 1718780.00 15.544400 86.026000 38 AK Buffer 604501.00 1720760.00 15.562300 86.025400 39 AL Buffer 606990.00 1720980.00 15.564200 86.002200 40 AM Buffer 608403.00 1722270.00 15.575800 85.989000 41 AN Buffer 609465.00 1722680.00 15.579500 85.979000 42 AÑ Buffer 611667.00 1723080.00 15.583000 85.958500 43 AO Buffer 612703.00 1727720.00 15.624900 85.948600 44 AP Buffer 618462.00 1725490.00 15.604500 85.895000 45 AQ Buffer 622944.00 1720730.00 15.561200 85.853400 46 AR Buffer 625955.00 1720520.00 15.559100 85.825400 47 AS Buffer 629536.00 1718560.00 15.541300 85.792100 48 AT Buffer 635718.00 1720500.00 15.558500 85.734300 49 AU Buffer 634211.00 1716890.00 15.525900 85.748600 50 AV Buffer 634919.00 1714560.00 15.504800 85.742100 51 AW Buffer 631608.00 1712620.00 15.487400 85.773100 52 AX Buffer 629192.00 1711110.00 15.473900 85.795700 53 AY Buffer 631342.00 1708400.00 15.449300 85.775800 54 AZ Core Zone 624007.00 1707870.00 15.445000 85.844000 55 BA Core Zone 619793.00 1709130.00 15.457000 85.883000 56 BB Core Zone 618368.00 1710450.00 15.469000 85.897000 57 BC Core Zone 615739.00 1709000.00 15.456000 85.921000 58 BD Core Zone 617894.00 1707780.00 15.444000 85.901000 59 BE Core Zone 615602.00 1705300.00 15.422000 85.923000 60 BF Core Zone 612902.00 1707090.00 15.438000 85.948000 61 BG Core Zone 612366.00 1705610.00 15.425000 85.953000 62 BH Core Zone 613243.00 1704560.00 15.416000 85.945000 63 BI Core Zone 608895.00 1702740.00 15.399000 85.985000 64 BJ Core Zone 605426.00 1699690.00 15.372000 86.018000 65 BK Core Zone 601225.00 1700200.00 15.377000 86.057000 66 BL Core Zone 599261.00 1699400.00 15.369000 86.075000 67 BM Core Zone 597578.00 1701810.00 15.391000 86.091000 68 BN Core Zone 595132.00 1702680.00 15.399000 86.114000 ID_N ID_A Zone X Y Latitude Longitude 69 BÑ Core Zone 596135.00 1705010.00 15.420000 86.104000 70 BO Core Zone 593470.00 1704320.00 15.414000 86.129000 71 BP Core Zone 592179.00 1702700.00 15.400000 86.141000 72 BQ Core Zone 588580.00 1705300.00 15.423000 86.174000 73 BR Core Zone 591121.00 1709010.00 15.457000 86.151000 74 BS Core Zone 594661.00 1710540.00 15.470000 86.118000 75 BT Core Zone 597180.00 1708830.00 15.455000 86.094000 76 BU Core Zone 598048.00 1706460.00 15.433000 86.086000 77 BV Core Zone 599179.00 1706330.00 15.432000 86.076000 78 BW Core Zone 599302.00 1704990.00 15.420000 86.075000 79 BX Core Zone 601176.00 1705740.00 15.427000 86.057000 80 BY Core Zone 600991.00 1708930.00 15.456000 86.059000 81 BZ Core Zone 602035.00 1707360.00 15.441000 86.049000 82 CA Core Zone 604601.00 1708050.00 15.447000 86.025000 83 CB Core Zone 608309.00 1708840.00 15.454000 85.990000 84 CC Core Zone 608025.00 1710210.00 15.467000 85.993000 85 CD Core Zone 608923.00 1710910.00 15.473000 85.985000 86 CE Core Zone 611947.00 1709070.00 15.456000 85.957000 87 CF Core Zone 613501.00 1710450.00 15.469000 85.942000 88 CG Core Zone 613279.00 1712270.00 15.485000 85.944000 89 CH Core Zone 614255.00 1712370.00 15.486000 85.935000 90 CI Core Zone 615168.00 1714000.00 15.501000 85.926000 91 CJ Core Zone 615284.00 1716240.00 15.521000 85.925000 92 CK Core Zone 612174.00 1716280.00 15.522000 85.954000 93 CL Core Zone 613785.00 1719700.00 15.552000 85.939000 94 CM Core Zone 617370.00 1720320.00 15.558000 85.905000 95 CN Core Zone 618715.00 1721740.00 15.571000 85.893000 96 CÑ Core Zone 619745.00 1721760.00 15.571000 85.883000 97 CO Core Zone 620728.00 1719700.00 15.552000 85.874000 98 CP Core Zone 620290.00 1717870.00 15.536000 85.878000 99 CQ Core Zone 620137.00 1716570.00 15.524000 85.880000 100 CR Core Zone 618342.00 1715700.00 15.516000 85.897000 101 CS Core Zone 620467.00 1712880.00 15.490000 85.877000 102 CT Core Zone 620731.00 1711230.00 15.475000 85.875000 103 CU Core Zone 622581.00 1710500.00 15.469000 85.857000

Article 6.-

Within the buffer zone, "Special Use Zones" may be declared, those that contain protectors of high ecological value for the country or forests whose principal purpose shall be the preservation of the identified utilitarian resource based on field studies.

Article 7.-

The usufructuaries of lands located within the limits of the Montaña de Botaderos National Park shall retain their usufruct rights and the current use of exploitation, provided that they comply with the Management Plan that the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF) approves, as well as other regulatory provisions that may be generated in this regard. The Agro-Forestry Groups located in the Buffer Zone that have subscribed Usufruct Contracts for the exploitation of natural resources shall conform to the regulations issued in this respect.

Article 8.-

The total surface area of the Montaña de Botaderos National Park is of national tenure, so the lands are considered property of the State, and in accordance with existing regulations shall become part of the Catalog of Inalienable Public Forest Patrimony, so that any land titling process to private parties, as of the publication of this Decree in the Official Gazette "La Gaceta".

Article 9.-

The programs and management activities of the Park shall be established through the respective Management Plan in accordance with current regulations.

Article 10.-

The administration of the Montaña de Botaderos National Park shall be in charge of the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF), so it shall perform coordination and support functions, other institutions that operate within the perimeter of the Montaña de Botaderos National Park shall coordinate their actions with the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF), and the Institutions and Organizations that in the future perform Co-management functions of the Area.

Article 11.-

Once the Montaña de Botaderos National Park is declared, and the Institutions and Organizations interested in participating in a Co-management Agreement have been identified, the Co-management Agreement may be subscribed. Municipalities, Inter-municipal Associations, community organizations, or organized civil society, dedicated to the protection of Protected Areas and Wildlife, in accordance with what is established and regularly provided in Protected Areas and Technical Botaderos; through the subscription of the Co-management Agreement of the Montaña de Botaderos National Park.

Article 12.-

Matters not provided for in this Decree shall be governed by the Forest Law, Protected Areas and Wildlife, Decree 98-2007 dated September 19, 2007 and its Regulations, and other current environmental regulations, linked to the National System of Protected Areas of Honduras SINAPH.

Article 13.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Done in the City of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-eighth day of the month of August of two thousand twelve. MAURICIO OLIVA HERRERA PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LOPEZ CALDERON SECRETARY To the Executive Power. Therefore: Execute it. Tegucigalpa, M.D.C., August 30, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Departments of Natural Resources and Environment. RIGOBERTO CUÉLLAR CRUZ NOTICE OF SUPPLEMENTARY TITLE The undersigned, Secretary of the Second Court of Letters Sectional of Copán, HEREBY ANNOUNCES: That in the supplementary proceeding of Supplementary Title promoted by ISRAEL LOPEZ ALVARADO, who is of legal age, married, farmer, Honduran from Carrizal, Lands of the Cucuyagua Type Copán, is the owner of a plot of land described as follows: with a total area of TWO MANZANAS (2.5000 MZA.), of surface extension with the following boundaries: On the NORTH, borders with Mariano Lara; on the SOUTH, borders with José Rafael López Alvarado; on the EAST, borders with Esteban López; and, on the WEST, borders with Ernesto Alvarado and Horacio Alvarado.- Represented by ATTORNEY OVIDIO LENIN AYALA ORELLANA. Santa Rosa de Copán, 3rd day of the month of September of the year 2012. REBECCA ORTIZ LANZA SECRETARY S S., 8 O. and 8 N. 2012

Notes

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