Revista de Biología Tropical

Introduction: Environmental compensation is a technical-legal instrument of environmental management used to offset damage due to non-reversible and unavoidable impacts. Usually, offset regulations are included in national environmental legislations. This paper summarizes environmental compensation legislation in Costa Rica, a country with a recognized conservation tradition and environmental awareness. Our goal is to describe how compensation is formulated in that country and identify possible regulations gaps.  Methods: We carried out a systematic review of environmental legislation through the Costa Rican Legal Information System (http://www.pgrweb.go.cr/scij/avanzada_pgr.aspx), considering both regulations and pronouncements on compensation measures and mitigation.  Results: The Political Constitution of Costa Rica recognizes a healthy environment as a fundamental right for all citizens. At least seven laws dealing with environmental issues and their respective regulations are currently enforced. This bulky legislation aims to protect natural resources by regulating their use and creating an assemblage of protected wild areas. However, the legislation is somewhat repetitive and open to interpretation, facilitating confusion. Actions requiring compensation are regulated in a general way, making it difficult to establish when and how to apply them. In addition, compensation is considered based on when the damage is identified and not on its level of environmental impact. Furthermore, the regulations do not make explicit the principles and goals that support the compensatory measures or how they should be carried out, briefly mentioning some actions that do not ensure that the net environmental loss is zero.  Conclusions: This review reveals the need to standardize the mechanisms to determine compensatory measures at the regulatory level, also analyzing the strategies that will be followed to ensure proportionality and ecological equivalence. The legislation must emphasize the importance of compensation as a positive practice, which must be incorporated within the guidelines of the Environmental Impact Study.

Introduction: Environmental compensation is the final alternative to face the impacts of development projects that cannot be avoided, reduced, or mitigated. The offset of affected habitats or environmental elements usually substitutes ecologically equivalent resources. The Habitat-Hectare Method was initially designed to assess the ecological equivalence of native vegetation, and employs indicator scores relative to a reference habitat. The sum of these scores measures the structural condition of the environment against the reference, quantifying the number of hectares needed to compensate for the loss of similar habitat. Although it is not exempt from limitations, the values can be estimated from field data collected without ambiguity, in a reproducible way, with less bias than more qualitative methods. In this paper, we use a modification of the Habitat-Hectare Method to determine the equivalent area needed to compensate for habitat loss in a protected wilderness in Costa Rica.  Methods: We worked in the Lomas de Barbudal Biological Reserve, north Pacific of Costa Rica, a protected wilderness where nearly 113 hectares will be flooded for the Río Piedras Reservoir. In a property previously identified as a potential compensation site, we assessed indicators for landscape, soil, vegetation structure, and ecosystem services; the scores were assigned in relation to the environment found at the flood site.  Results: The environmental condition score at the compensation site was 44.7% (±15.9%) of the impact site. Consequently, considering the uncertainty in our measurements, compensating for the loss of each hectare would require between 2.23 and 3.49 hectares of a similar environment.  Conclusion: Between 2.23 and 3.49 hectares of are needed to compensate for the loss of habitat in the Río Piedras Reservoir.

Introduction: Infrastructure projects or development activities often generate a loss of biodiversity and reduce the quality of the environment’s services to human societies. Fortunately, many of these impacts can be reduced, controlled, or compensated through mitigation, rehabilitation, and compensation measures, which usually rely on the environmental legal framework of the countries or states where they are implemented. This review provides a theoretical vision of using environmental compensation as a legal/technical instrument integrated into natural environment management. Methodology: We reviewed the global literature on the subject using the GoogleScholar and SciELO reference search engines using various indicators in English and Spanish. Results: We found 244 references on environmental compensation, showing a clear increasing pattern in the last decade. Environmental compensation constitutes a legal/technical instrument that allows offsets for environmental losses and often is part of the Environmental Impact Studies regulated by the state. Several methodological strategies are used to establish compensatory actions, each of them based on one of four possible approaches: economic, ecological, political, and cultural. The ecological equivalence between the impacted environmental elements and compensation is sought within the ecological approach, ensuring no net loss. Thus, this approach allows the incorporation of multiple criteria for the evaluation of damage and compensation actions: it can be applied in different situations. Nevertheless, compensatory measures are not exempt from criticism. There are situations in which the singularity of the impacted elements makes an adequate compensation for losses impossible. Conclusions: Compensation is highly relevant in environmental management and must favor the universal right to a healthy environment. However, its practical application requires clear procedures and close vigilance to prevent losses or even a net environmental gain.