Esta ley enmienda la "Nueva Ley de Vida Silvestre de Puerto Rico" (Ley Núm. 241 de 15 de agosto de 1999) para corregir errores en la numeración de actos ilegales y sus sanciones, y para ajustar las multas según la gravedad del daño causado. Establece una lista detallada de acciones consideradas ilegales relacionadas con la caza, posesión, importación y comercio de vida silvestre, así como la modificación de hábitats. Define las sanciones penales y administrativas, incluyendo multas específicas para cada infracción, con el objetivo de disuadir actos perjudiciales para la vida silvestre y el medio ambiente.
(Approved September 15, 2004)
To amend Sections 6 and 22 of Act No. 241 of August 15, 1999, known as the "New Wildlife Act of Puerto Rico," to correct errors in the numbering of acts considered to be illegal and the fines or penalties for each of them, and to adjust the fines according to the seriousness of the damage caused by the illegal action.
The New Wildlife Act, Act No. 241 of August 15, 1999, was amended by Act No. 34 of January 8, 2004, to create more efficiency in the issuing of hunting licenses and permits and to add some subsections. However, when amending the law, some subsections were inadvertently omitted, and the penalties imposed for each action in the Section on the imposition of penalties were not attuned to the same. It is imperative for this Legislature to correct the mistake that was made through an amendment to such effects. In this manner, acts considered to be illegal and subject to penalty are restored into the Act, and those that are repeated are removed. The penalties for each infraction are also established correctly.
With respect to penalties imposed for infractions to the Act, whose purpose is to dissuade the commission of acts against the law, it has been seen that some of these have not been effective, since they are not in proportion with the faults and infractions committed. In practice, some of these fines are unreasonable and onerous, and in the long affect those who do
not constitute a problem for wildlife. Likewise, due to high amount and unreasonableness of these fines, at times, the citizens evade or disregard the duty to pay them because they do not hold proportion with the action committed. This situation is a distortion of the dissuasive function of the penalties established by the law. But even more importantly, by means of this bill, we ensure that the penalties set forth herein are in proportion with the potential environmental damage that may be caused.
Section 1.-Section 6 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 6.- The following actions shall be deemed unlawful and subject to penalties as provided below in this Act:
a) To practice sports hunting in Puerto Rico without the corresponding sports hunting license or without the official seasonal stamp, if applicable. b) To practice sports hunting of any wildlife species that has not been designated by regulations as game. c) To introduce, import, own or export exotic species without prior permission of the Secretary, or with same expired, excepting those exotic species authorized by regulations. d) Failing to renew the possession, purchase and sale of exotic species permit. e) To purchase or sell wildlife species, their young, nests or parts thereof. This prohibition does not include those exotic species born in captivity in game reserves or breeding places authorized by the Secretary through regulations for the purpose of populating game reserves.
f) To practice sports hunting of wild fauna designated by the Secretary as game outside the established hunting season. However, hunting wildlife species for scientific and animal control or educational purposes by persons duly authorized by the Secretary to do so, shall not be deemed unlawful. g) To practice sports hunting in Commonwealth Forests or in public land administered by the Department, except in wildlife reserves and those natural reserves where the Secretary determines hunting is a compatible activity. The Secretary, by means of regulation, shall establish the criteria to determine the compatible uses of the natural reserves. h) To hunt for sport a number of birds and animals in excess of the maximum number established for each hunting day or during a stage in their lives or their sex other than those set by the Secretary for each species of game birds or animals. i) To hunt or collect any wildlife species in a number greater than that authorized by the Secretary, or during a stage in their life or their sex, other than that authorized by the latter, in those cases whereby the Secretary has granted a special permit to hunt or collect said species for scientific and animal control purposes. j) To carry, transport or hunt with an unregistered weapon as established below in this Act. k) To carry or transport any sports hunting weapon outside of a hunting season, be it on the person of the hunter, in the vehicle the latter is using or any other means of transportation, including any animal being used for
transportation. In case said weapon must be transported for a purpose other than for sports hunting, a person must obtain a written authorization from the Police Superintendent or possess a target shooting license in effect. The weapon must also be registered for such a purpose, and be unloaded and duly covered. l) To carry or transport any hunting weapon in public land where hunting has been prohibited, unless with a written permit issued by the Secretary. ll) To establish or operate game reserves without a permit issued by the Secretary. m) To hunt in a game reserve without the proper license or permit issued by the Secretary. n) To hunt in a game reserve any of the species of wild fauna not designated as game by the Secretary through regulations. ñ) To hunt for sport any species of wild fauna along any public road or at a distance of less than one hundred meters from populated and housing areas, unless the house belongs to the hunter or to a person who has authorized the hunter to hunt within a one hundred meter perimeter. o) To hunt or collect rare or endangered species; to own, transport or sell articles derived from rare or endangered species as designated by the Department. p) To own or hold in captivity any species of wild fauna or game animal except for scientific, educational or recovery purposes, in which case a written authorization must be obtained from the Secretary.
q) To hunt in any manner other than that authorized through regulations. r) To operate a business for the purchase and sale of exotic species or to sell exotic species without the proper license or authorization of the Department and the Regulations and Permits Administration. s) To modify the designated essential critical natural habitat of rare or endangered species without the mitigation plan approved by the Department. t) To modify the natural habitat without a mitigation plan approved by the Department. u) To own, transport, catch or destroy individuals, nests, eggs or the young of wildlife species without the prior authorization of the Secretary. Exempted from this provision are invertebrates and flora found in private lands and those which have not been designated by means of regulations. v) To hunt with any weapon not authorized by this Act or without a permit issued by the Secretary or to use ammunition prohibited by the regulations."
Section 2.- Section 22 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows:
(a) Any person who violates any of the provisions of this Act and the regulations promulgated thereunder, except for the provisions of this Section, shall incur a misdemeanor and if convicted, shall be punished with a fine of not less than one hundred (100) dollars nor of more than five hundred (500) dollars, or with a term of imprisonment not to exceed six (6)
months, or with both penalties at the discretion of the court. The importation for commercial purpose and the trade of illegal exotic species, hunting in public or private lands without the verifiable authorization of the owner, administrator or person in charge, and any violations to the regulations on vulnerable or endangered species shall be deemed to be felonies and shall be punished with a fine of not less than five thousand $(5,000)$ dollars nor of more than fifty thousand $(50,000)$ dollars, or with a term of imprisonment of not less than ninety (90) days nor of more than three (3) years, or with both penalties at the discretion of the court. Furthermore, any person who violates any of the provisions of this Act and the regulations promulgated thereunder shall incur an administrative fault. As of the date of effectiveness of this chapter, the following violations of Section 6 of this Act shall be deemed as administrative faults subject to the payment of fines as set forth below: Section 6.-
(a) $500
(b) $500
(c) 1. $50 for each specimen whose market value does not exceed $50. 2. $100 for each specimen whose market value does not exceed $100 and is not less than $50. 3. $300 for each specimen whose market value does not exceed $300 and is not less than $100. 4. $600 for each specimen whose market value does not
exceed $600 and is not less than $300. 5. $1000 for each specimen whose market value does not exceed $1000 and is not less than $600. 6. $5000 for each specimen whose market value exceeds $1000 up to a maximum total of $25,000.
(d) $200
(e) $200
(f) $500
(g) $1,000
(h) $150
(i) $250
(j) $150
(k) $500 (1) $500 (11) $1,000
(m) $100
(n) $250 (ñ) $500
(o) $5,000 for each specimen or product
(p) $100
(q) $500
(r) $5,000
(s) $10,000
(t) $5,000 per occurrence
(u) $100 per occurrence
(v) $250
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 294 (H.B. 4579) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 6 and 22 of Act No. 241 of August 15, 1999, known as the "New Wildlife Act of Puerto Rico," to correct errors in the numbering of acts considered to be illegal and the fines or penalties for each of them, and to adjust the fines according to the seriousness of the damage caused by the illegal action, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $1^{ ext {st }}$ of November of 2005.
Francisco J. Domenech Director