(No. 147) (Approved July 15, 1999) AN ACT

Transcription

1 (H.B. 1466) (Reconsideration) (No. 147) (Approved July 15, 1999) AN ACT To establish the Act for the Protection, Conservation and Management of the Coral Reefs in Puerto Rico ; establish its purposes; authorize the Secretary of the Department of Natural and Environmental Resources to enforce this Act; provide its duties and faculties; establish a Special Fund; establish offenses and penalties and for other purposes. STATEMENT OF MOTIVES Coral reefs constitute a unique and special ecosystem of great importance for human beings as well as for marine life. Sadly, coral reefs are increasingly exposed to numberless factors that affect their existence. The coral reefs, because of their intrinsic fragility, are seriously affected by the behavior of nature itself, but above all by the reckless and ignorant behavior of human beings. The Legislature, aware of the constitutional mandate that sets forth as public policy the conservation of all natural resources, believes the approval of this Act to be most meritorious. We must not allow our failure to act to be the cause of the total destruction of so precious a natural resource. By authorizing the Secretary of the Department of Natural and Environmental Resources to develop a program that will further the conservation, management and protection of coral reefs, and to penalize certain acts detrimental to the latter, we thus provide a feasible alternative so that future generations may enjoy these natural wonders. A most important part of this

2 2 effort involves the need to educate the general public as to the importance of coral reefs, their maintenance and the manner in which all people may cooperate to ensure their protection. BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: Section 1.- This Act shall be known as the Act for the Protection, Conservation and Management of the Coral Reefs in Puerto Rico.- Section 2.- Statement of Public Policy.- It is hereby stated and reiterated that the public policy of the Commonwealth of Puerto Rico seeks to protect, preserve and conserve the corral reefs along the territorial waters of Puerto Rico for the benefit and enjoyment of this and future generations. It is furthermore hereby stated that the public interest demands that the continuous and irreparable damage to the coral reefs and its associated marine life be avoided and prevented. The Department of Natural and Environmental Resources shall promote the development of sustainable management plans for the coral reefs of Puerto Rico. Section 3.-Definitions.- For the purposes of this Act the following terms shall have the meaning and scope expressed below for each, except when the text clearly indicates otherwise: Territorial Waters, means the navigable waters under the rule and control of the Commonwealth of Puerto Rico. Area of reef recovery, means those reef areas that have been impacted and degraded by human beings or by natural causes and whose restoration demands that human activity be restricted and even prohibited.

3 3 Ecologically sensitive areas, means those areas requiring designation and protection for their ecological value. Artificial reefs, means those reefs created and laid by human hands that simulate certain of the important properties of natural reefs, lead to the propagation of marine species dependent on coral reefs and attract fishermen, sailors and divers, so as to lessen the intensity of the use and the detrimental consequences thereof on the natural coral reefs. Coral reefs, means the ecosystem constituted by corals and their stony skeleton and by other associated marine species, such as marine grasslands. Coral, means all the living or dead organisms classified as: (i) Stony coral - organism of the phylum Cnidaria belonging to the order Scleratinia (including, among others, the brain coral and the staghorn coral). (ii) Horny coral - organism of the phylum Cnidaria belonging to the subclass Octocolaria (including the sea fan and other organisms that have not been given a common name). (iii) Black coral - organism of the phylum Cnidaria belonging to the order Antipatharia. (iv) Hydrocolaria organism of the phylum Cnidaria belonging to the class Hydrozoa that produces a calcium carbonate (limestone) skeleton. Department, means the Department of Natural and Environmental Resources. Waste product, means all garbage, trash, rubbish, rubble, useless articles, ashes, silt, mud or any other disposable materials, whether hazardous or not, solid, liquid, semisolid or of a gaseous nature,

4 4 produced as a result of domestic, industrial, commercial, agricultural or governmental operations. Vessel or craft, means a floating structure, designed and constructed by an authorized manufacturer, with water displacement capability, which is used or may be used as a motor-propelled means of transportation, or alternately as a boat, speedboat, motorboat, sailboat or jet ski or any other craft similar or analogous to those listed. The term also includes those homemade structures which meet design and construction requirements similar to those of the structures produced by authorized manufacturers. Sustainable management, means the plan for, biological, commercial, social and administrative actions, among others, that ensure the permanence or survival of the resource and its habitat in healthy conditions. Person, means any natural or juridical person. Program, means the Program for the protection, conservation and management of coral reefs established by Section 5 of this Act. Secretary, means the Secretary of the Department of Natural and Environmental Resources. Reef recovery area systems, means the various reef recovery areas geographically separate but biologically connected by reproductive and dispersal patterns and by the migratory behavior of reef organisms.

5 5 Section 4.- Protection of the Coral Reefs.- The Secretary of the Department of Natural and Environmental Resources is hereby authorized to take all measures needed for the protection, conservation and management of coral reefs and coral communities throughout the territorial waters of the Commonwealth of Puerto Rico. The Secretary shall identify those places designated as reserves, reef recovery and ecologically sensitive areas with buoys or other floating markers; identify those reef formations and coral communities that may be impacted by vessels that have run aground or been anchored and prepare maps identifying coral reef sites. The Secretary shall likewise identify marine grasslands with buoys or other floating markers in order to protect those systems and avoid their being damaged by anchors or propellers. The Department shall prepare a protocol for those vessels that run aground on coral reefs and coral communities. Section 5.- Program.- The Secretary shall establish a Program for the protection, conservation and management of coral reefs to ensure the best use of the existing resources and implement the proper mechanisms to allow for the management, conservation and protection of coral reefs for the enjoyment and benefit of the people of Puerto Rico. The Program shall establish effective communications with those Commonwealth and Federal agencies and instrumentalities, as well as with those educational or scientific entities that may intervene with or have jurisdiction over any aspect of this Act. An advisory committee is hereby created to be chaired by the Director of the Fish and Wildlife Bureau and constituted by the following permanent members or representatives thereof:

6 6 the Chairpersons of the Planning Board and the Environmental Quality Board, the Director of the Tourist Company, the Secretary of the Department of Agriculture, the Director of the Federal Fish and Wildlife Service, the Director of the Caribbean Fishing Administration Council, the Director of the National Sea Fishing Service, two or more members of the scientific or academic communities, and any other member the Secretary may deem necessary, whose function is related to the purposes of this Act and whose experience may allow him to provide the Secretary with the technical and professional expertise needed to implement this Act. The Program shall provide the scientific criteria needed to identify the reef recovery and the ecologically sensitive areas as well as the activities that must be restricted or prohibited in said areas. The Program shall furthermore provide for the formulation of the methodology needed to evaluate the socioeconomic impact of the prohibition or restriction of any human activity on said areas. Reef recovery areas shall be established in order to achieve the following objectives: to maintain a large diversity of marine species and a high genetic and behavioral diversity; to maintain coral populations of reproductive size capable of increasing the population and the productivity of adjacent reef areas; to maintain a genetic pool of variable populations in the recovery area as insurance against the failure of the management plans for those areas where fishing and tourist recreational activities are permitted; to maintain control areas to study the impact of fishing activities and allow for the diversification of the economic uses of marine resources. The Environmental Quality Board shall assist and provide the Secretary with any necessary help and information related to those environmental and polluting factors which directly or indirectly affect the coral reefs and the

7 7 coral communities and in particular, to those problems involving sedimentation, the discharge of any polluting wastes or substances and any environmental emergency. The Program shall identify every source of environmental pollution harmful to coral reefs and coral communities and shall recommend the control measures needed to prevent said pollution and any negative impact on these resources. The Program shall likewise examine and recommend the proper procedures for placing artificial reefs throughout the territorial waters of Puerto Rico so as to allow for an increase in the number and availability of the habitats and resources for the various species of reef organisms. Section 6.-Additional Powers.- Besides the powers and faculties established in this Act, the Secretary shall have the following faculties and duties: (1) Adopt the regulations deemed necessary for complying with the provisions of this Act, pursuant to Act No. 170 of August 18, 1988, as amended, known as the Uniform Administrative Procedures Act. (2) Enter into necessary and convenient agreements or contracts with other departments, agencies, instrumentalities or public corporations of the Commonwealth, Federal and Municipal governments, or with educational or scientific institutions or any private entities that seek to most efficiently achieve the purposes of this Act. (3) Receive financial, technical or any other assistance from the Federal government or from any public or private agency.

8 8 (4) Participate in Federal and Commonwealth programs as well as in those developed by public and private agencies or by other national or international organizations related to the purposes of this Act. (5) Develop an intensive public education program on the benefits of coral reefs and coral communities; the dangers they face and the protection and conservation measures that have been undertaken by the Department, as well as those with which the public may cooperate. (6) Undertake all pertinent measures against the owners or captains of vessels that run aground on coral reefs so as to have them restore said system. Section 7.- Management Plan.- The Secretary is hereby directed to adopt a special management plan for the coral reefs and the coral communities. An Environmental Impact Statement shall be required for every project that may cause a negative impact on coral reefs, coral communities and associated marine systems. The Planning Board and the Department of Natural and Environmental Resources shall draft zoning regulations to permit the development of residential, recreational and tourist projects in areas free from adverse and detrimental impact on coral reefs, coral communities and associated marine life. The Planning Board and the Department of Natural and Environmental Resources and all other agencies of the government of Puerto Rico shall consult with the Department concerning any proposed construction or development project that may have a foreseeable effect on coral reefs, coral communities and associated ecosystems.

9 9 Section 8.- Special Fund.- The following items shall be deposited in the Special Fund in favor of the Department of Natural and Environmental Resources, henceforth the Fund, as provided in Act No. 132 of June 25, 1968, as amended, known as the Sand, Gravel and Stone Act, and be deposited in a special account. The Special Account shall be funded by the following items: (1) Any money given, transferred or ceded by any private person or entity or by any Federal, Commonwealth or Municipal Government entity. (2) The money received on account of administrative fines imposed by the Secretary pursuant to the provisions of Section 9 of this Act. (3) The money collected from the payment of permit fees to conduct scientific studies and educational activities along the coral reefs; and from the permit fees for snorkeling or skin diving along the reefs in the territorial waters of Puerto Rico. Furthermore, the funds needed to implement the purposes of this Act shall proceed from the budget of operating expense of the Department of Natural and Environmental Resources. Section 9.- Administrative Fines.- The Secretary may impose administrative fines to any person for: (1) Extracting, removing, mutilating or otherwise destroying or damaging any coral reef or reef community or portions thereof. (2) Offering for sale, exchange, donation or otherwise trafficking in or disposing of live or dead coral reef or live or dead portions thereof and organisms deemed attractive for aquariums and fishponds.

10 10 (3) Polluting, depositing solid or liquid waste or using any chemical substance on coral reefs and coral communities or portions thereof or on associated ecosystems, such as marine grasslands. (4) Anchoring, mooring, securing, or otherwise stopping a vessel outside the anchoring buoys enclosure in areas that have been identified by buoys or any other floating marker or within duly identified specially designated, reef recovery or ecologically sensitive areas, without the prior authorization of the Secretary. (5) Removing, eliminating or damaging the anchoring buoys and the marker buoys established by the Secretary to enclose coral reef zones. (6) Fishing, snorkeling or skin diving in reef recover areas, marine reservations and other duly identified areas without the prior authorization of the Secretary, (7) Refusing to comply with any order or resolutions issued by the Secretary pursuant to the faculties and duties imposed by this Act. (8) Violating any provision of this Act and the regulations adopted pursuant thereto. The administrative fines shall not exceed ten thousand (10,000) dollars per violation nor be of less than five hundred (500) dollars. In addition to said administrative fines, the Secretary may furthermore require the payment of a reasonable sum to meet the cost of redressing any damages caused by any person in violation of the provisions of this Act or the regulations approved pursuant thereto.

11 11 Section 10.- Exceptions.- The provisions of Section 9 of this Act notwithstanding, any person may, with the prior authorization of the Secretary and provided he complies with any other applicable legal provision: (1) Conduct scientific or other studies and take live or dead coral samples or portions thereof or of associated organisms, provided that said studies promote the purposes of this Act and in particular the preservation, protection and maintenance of coral reefs, and provided these are not harmful to the latter. (2) Remove or protect any diseased or polluted species of marine life so as to prevent the spread of disease. (3) Prepare exhibits and demonstrations and hold tours of an educational or tourist nature in reef recovery areas, marine reservations and other duly identified areas, provided that in the opinion of the Secretary, once the latter has carefully considered the application, these activities constitute no danger whatsoever for this resource. (4) Use dead corals, specifically those artisans lawfully registered with the Artisan Registry of the Economic Development Company, who prior to collecting the raw materials along the shores of the public beaches, request, accept and receive expert advice by duly qualified Department personnel as to the type and class of dead coral that may be taken, worked on and sold as works of traditional craftsmanship. Said artisans are also authorized to sell their dead coral crafts products made in their own workshops provided they comply with the above provisions.

12 Section 11.- Effectiveness.- 12 This Act shall take effect immediately after its approval.

13 13 September 20, 2001 Dynorah R. Requena-Gallego, Esq., Acting Director of the Office of Legislative Services of the Legislature of Puerto Rico, hereby certifies to the Secretary of State that she has duly compared the English and Spanish texts of Act No. 147 (H.B. 1466) (Reconsidered) of the 5 th Session of the 13 th Legislature of Puerto Rico, entitled: AN ACT to establish the Act for the Protection, Conservation and Management of the Coral Reefs in Puerto Rico ; establish its purposes; authorize the Secretary of the Department of Natural and Environmental Resources to enforce this Act; provide its duties and faculties; establish a Special Fund; establish offenses and penalties and for other purposes, and finds the same are complete, true and correct versions of each other. Dynorah R. Requena-Gallego