Esta ley enmienda la "Nueva Ley de Vida Silvestre de Puerto Rico" (Ley Núm. 241 de 1999) para mejorar la eficiencia en la concesión y renovación de licencias de caza deportiva, extender su vigencia a cinco años con renovación en la fecha de nacimiento del solicitante, y establecer procedimientos para la emisión de permisos con fines científicos, educativos y de control de población de especies silvestres. También regula las reservas de caza, el registro de armas de caza, y los requisitos para obtener y renovar licencias, incluyendo cursos de capacitación y verificación de antecedentes. Se establecen disposiciones para menores de edad y no residentes que deseen cazar en Puerto Rico, así como para la entrega de armas de caza en caso de revocación de licencia o fallecimiento del titular.
(Approved January 8, 2004)
To amend Sections 6, 7, 11, 12, 13, 14, 15 and 16 of Act No. 241 of August 15, 1999, as amended, known as "New Wildlife Act of Puerto Rico", to the effect of creating greater efficiency in granting hunting licenses and renewal dates; provide for the issuing of permits for scientific purposes.
Act No. 23 of June 20, 1972, as amended, the "Organic Act of the Department of Natural and Environmental Resources", delegates to this agency the ministerial duty of taking all necessary measures for the conservation, protection, distribution, restoring and management of wildlife. Pursuant to this mandate, Act No. 241 of August 15, 1999, known as "New Wildlife Act of Puerto Rico", established that the Department of Natural and Environmental Resources has the ministerial responsibility of protecting, conserving and promoting wildlife species as well as their natural habitats, through the active management of both.
The Department of Natural and Environmental Resources has the responsibility to expedite the process of granting hunting licenses, in the evaluation process as well as the issuing of licenses.
On the other hand, the New Wildlife Act of Puerto Rico presently provides that hunting licenses shall be renewable annually and provide for their renewal on June 30 of each year. This process is ineffective with regard to the procedure for the evaluation and delivery of the licenses. The annual, non-staggered renewal, of these licenses brings about that the citizens and the Department of Natural and
Environmental Resources become involved in unnecessary processes, costs and administrative procedures. Extending the effectiveness of these licenses and their staggered renewal, with proper control of the compliance of the requirements and conditions established by law and in the regulations adopted thereunder, would have the effect of unburdening the procedure for the issuing of licenses by the agency. This would allow a better use of resources assigned for the compliance of this Act, as well as better monitoring and control of its compliance and of the objectives for which it was adopted.
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 illegal and subject to penalties as subsequently provided in this Act:
a) To practice hunting as a sport in Puerto Rico without the corresponding sports hunting license and without the official seasonal stamp, when applicable. b) To practice hunting of any wildlife species as a sport, that has not been designated by regulations as a game species. Collect any wildlife species without the Secretary's authorization. Invertebrates and flora that are in private lands and have not been designated by Regulations are exempted from this provision. c) To introduce, import, possess or export exotic species without prior permission of the Secretary, or if it is expired, with the exception of those species authorized by Regulations. d) Not renewing the permit for possession and bargaining and selling of exotic species.
e) The purchase and sale of fauna, their offspring, nests or parts thereof. This prohibition does not include those exotic species produced in captivity in game preserves or breeding places authorized by the Secretary by regulations, with the purpose of supplying game reserves. f) To practice sport hunting of wild species of fauna designated by the Secretary as game animals outside of the established hunting season. However, hunting of wildlife species for scientific and animal control or educational purposes by persons duly authorized therefore by the Secretary shall not be deemed illegal. g) To practice sports hunting in State Forests; hunt on public lands administered by the Department, except in wildlife reserves and those natural reserves in which the Secretary determines that hunting is a compatible activity. The Secretary shall establish by regulations, the criteria to determine compatible uses in natural reserves. 11) To bear or to transport any hunting weapon on land of public domain in which hunting has been prohibited, unless bearing a written permit issued by the Secretary. q) To possess or keep any species of wild fauna, native or migratory, or game animal in captivity except for scientific, educational purposes or for their recovery, in which case a written authorization must be obtained from the Secretary."
Section 2.- Section 7 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 7.- Game preserves a) ..... b) The owner, manager or caretaker of a game reserve shall register the hunting weapons to be used by game preserve clients in his/her name. Provided, that the owner, administrator or caretaker of the game preserve shall request the Secretary to register said weapons following the procedure established for said purpose. Provided, that when registering the weapons to be used in a game preserve, the Secretary shall establish the number of hunting weapons that can be registered for each game preserve. The clients of a game preserve shall not use, bear or transport said hunting weapons outside of the limits of said game preserve whether on their person or in a motor vehicle. c) The Secretary shall establish by regulations which game animals may be used in the game preserves, and shall exclude those species that may be harmful. The game animals used in game preserves may be hunted throughout the year, except for those animals covered by the Migratory Bird Treaty Act, for which the Secretary shall establish the seasons. f) The owner, administrator or person in charge of a game preserve shall render monthly reports to the Department regarding the hunting activity and the statistics on the use of wildlife resources or any other authorized species authorized in the permit."
Section 3.- Section 11 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 11 a) The Secretary shall organize and keep a register of the hunting weapons registered in Puerto Rico, pursuant to the provisions of Act No. 404 of September 11, 2000, as amended, known as the Puerto Rico Weapons Act and the Secretary shall periodically notify the Superintendent of Police of the hunting weapons thus registered. b) Every application to register hunting weapons must be presented at the Department. The Secretary shall evaluate the application to register a hunting weapon and if he/she deems pertinent, shall proceed with the registration, according to the procedures, as applicable, established in Act No. 404 of September 11, 2000, as amended, known as the Puerto Rico Weapons Act, supra. c) The Secretary shall not proceed with the registration of a hunting weapon if the person who applies for said registration has not previously obtained the corresponding hunting license or the permit to operate a game preserve, as the case may be."
Section 4.- Section 12 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 12.- No person may engage in hunting as a sport in Puerto Rico without first applying for and obtaining a license for such purpose from the Secretary. The licenses shall have an effectiveness of five (5) years from the date of issue, and shall be renewed on the birth date of the applicant."
Section 5.- Section 13 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 13.- Sports hunting license a) Sports hunting license. Any person who applies for a sport hunting license shall meet the following requirements: 3. To have passed a training course for sports hunters which will include an examination on the provisions of this Act, the regulations promulgated by virtue thereof, the skills and knowledge on the use and handling of hunting weapons and basic knowledge of the wildlife of Puerto Rico. Said course must be requested through the form authorized by the Secretary for said purpose and furnished in the form and manner determined by the latter. The Secretary shall determine the cost to be paid by the student to take said course. The Secretary shall accredit the certifications from other jurisdictions in which the course for the training of hunters has a similar content to that of Puerto Rico. 4. To be a person of recognized moral probity in the judgment of the Secretary based on all the information submitted to such effect. The Secretary shall establish, through regulations, the procedure to obtain the necessary information to comply with this objective; however it shall be deemed to be sufficient evidence to present a copy of the target practice license currently in effect, or any other license or permit to own firearms for which the Puerto Rico Police or the Ranger Corps of the Department conduct an investigation, which includes the moral probity of the applicant.
Section 3(a), in order to obtain a hunting license from the Secretary. 4. The Secretary shall fix the fees to be charged for the renewal of licenses, through regulations. The revenues obtained by this account shall be deposited into the Special Wildlife Management Fund. 5. Hunting licenses may be renewed as provided by Section 13(b), for only three (3) consecutive terms; Provided, that when applying for a fourth renewal, the petitioner shall meet the requirements of Section 13(a), with the exception of the hunting education course. Nevertheless, the Secretary may require hunters to approve pass continuing education courses for sports hunters, or the basic education course for hunters, if they have never taken it. e) Hunters Education Program - Applicants for the education course for hunters, and the instructors, may use the facilities of the target shooting clubs, as well as those of any private or government shooting range for training in the use and handling of firearms. The weapons to be used for said training shall be provided by the instructors certified by the Secretary to such effects and purposes. These shall be the property of the Department, and the certified instructors may bear, transport and use them, in order to give the course."
Section 6.- Section 14 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 14.- The Secretary shall inform the Puerto Rico Police Superintendent in writing, a list of the hunting licenses and any other type of license authorized as provided in this Act that have expired, or whose renewal has not been sought after the term granted herein has expired, or those licenses whose issue or renewal was denied or revoked. a) Any person who on the effective date of this Act has a registered hunting weapon and to whom the Secretary has revoked a hunting license of any other kind, or whose license has expired according to Section 12, or whose renewal has not been sought on time, must deliver said weapon to the General Police Headquarters or to the local Police Station according to the procedure established in the Puerto Rico Weapons Law, as amended, and give notice thereof to the Department. b) The person thus affected by the determination of the Secretary, may request an administrative hearing, according to the procedure provided by the Uniform Administrative Procedures Act, or Act No. 170 of August 12, 1988, as amended, provided that filing said petition for an administrative hearing shall neither interrupt nor affect the compliance of the provisions of subsection
(a) of this Section. The filing of a motion for review shall not exempt the person thus affected from the provisions of subsection
(a) of this Section. c) Upon the death of a person who posses a hunting license or any of the licenses or permits referred to in this Act, the heir,
administrator, executor, or person legally authorized to manage his/her estate, shall surrender said weapon within ten (10) days of the date of death, as provided in Section 14(a) of this Act. The provisions established in [Sections 29(j) and 30 of Act No. 17 of January 19, 1951] of the Puerto Rico Weapons Act as amended, regarding the provisions concerning hunting weapons, shall apply in this sense."
Section 7.- Section 16 of Act No. 241 of August 15, 1999, as amended, is hereby amended to read as follows: "Section 16.- The Secretary may also issue the following classes of licenses or permits:
a) Special non-sporting hunting permits when applied for to kill, collect or keep wildlife species in captivity in Puerto Rico as specimens for scientific, educational or population control purposes. The Secretary shall establish by Regulation the terms, fees and conditions under which said permits shall be issued. b) Permits for capturing, exporting, buying and selling, possession and importing exotic species. c) The Secretary shall require the purchase of a stamp for each specimen or for sports hunting season, and for exportation and importation of exotic species. d) Conditional Sports Hunting Licenses to minors fourteen (14) years of age or older, upon prior written authorization of the parents, legal guardians or custodians, who shall in turn hold a sports hunting license in effect issued by the Secretary.
compliance of the requirements, as applicable, of the regular licenses and they shall have the same term of effectiveness, and may be revoked for the same reasons as the regular licenses, or if the license of the parent, legal guardian or custodian is revoked or is not renewed by them, subject to the provisions of this Act. The revenues collected on this account shall be deposited into the Special Wildlife Management Fund. 2. Minors that hold said conditional licenses may use the weapons registered in the name of their parents, legal guardians or custodians, and must be accompanied by them at all times that they bear or transport hunting weapons, or engage in hunting. e) Sports Hunting license to a non-resident who holds or bears a hunting license in effect in any State of the United States. Hunting licenses in effect from foreign countries with requirements similar to those established for granting hunting licenses in Puerto Rico shall also be accepted. It shall be an indispensable requirement that before engaging in sports hunting in Puerto Rico, the nonresidents shall show evidence of having approved a hunter education course from a duly accredited institution upon payment of the fees required, prior to obtaining a license from the Department. The income collected on this account shall be deposited into the Special Wildlife Management Fund.
during the first sixty (60) days of their arrival. After said sixty (60) days have elapsed, they must fulfill the requirements established in Section 13 of this Act, if they remain in Puerto Rico and wish to continue to hunt. f) Conduct scientific research g) Confinement and rehabilitation of wildlife h) Observation of the humpback whale (Megaptera novaengliae). i) Reproduction in captivity of species of flora and fauna."
Section 8.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 34 (H.B. 4170) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 6, 7, 11, 12, 13, 14, 15 and 16 of Act No. 241 of August 15, 1999, as amended, known as "New Wildlife Act of Puerto Rico", to the effect of creating greater efficiency in granting hunting licenses and renewal dates; provide for the issuing of permits for scientific purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $4^{ ext {th }}$ of May of 2005.
Luis E. Fusté-Lacourt Director