P.R. Laws tit. 12, § 25c
The Secretary shall have those powers and duties convenient and necessary to adopt the public policy as set forth in this chapter and to protect the fishery resources so that they may be used by the People of Puerto Rico. To such effects the Secretary shall have the powers and duties stated below, without this being construed as a limitation:
(a) Approve, amend and repeal regulations for the enforcement of this chapter pursuant to subsection (g) [sic] of this Section and the procedures established in §§ 2101 et seq. of Title 3, known as the “Administrative Procedures Act”.
(b) Regulate the use, operation, quantity, size and construction materials of the fishing gear used in jurisdictional waters of the Commonwealth of Puerto Rico pursuant to subsection (q) of this section.
(c) Issue, renew, deny suspend or revoke fishing permits and licenses.
(d) Establish, through regulations pursuant to subsection (q) of this section, the fishing methods or gear that may be used according to the type of fishing license or permit or according to location.
(e) Declare closed seasons.
(f) Seize the fishing gear or fishing vessels that have been used in violation of the provisions of this chapter or its regulations, in addition of impounding the catch.
(g) Establish, through regulations pursuant to subsection (q) of this section, identification systems for fishing gear and fishing vessels.
(h) Regulate, pursuant to subsection (q) of this section, fish imports when it is shown that the species of fish to be imported pose a potential hazard to native or established species, their natural communities or habitats or to the public health.
(i) Establish plans pursuant to subsection (q) of this section, for the sustainable management of aquatic resources under the jurisdiction of the Commonwealth of Puerto Rico, which may include, jointly with the Secretary of the Department of Agriculture, the establishment of measures to limit the open access to fisheries, whether by limiting the number of fishermen or the amount of fishing gear or limiting the total allowable catch of a fishery. Efforts shall be made to obtain the participation of other Commonwealth agencies, such as Department of Agriculture, of all federal agencies and organizations which regulate and promote fishing, of commercial and recreational fishermen as well as of similar entities in the countries of the Caribbean Basin.
(j) Establish through regulations pursuant to subsection (q) of this section, the fees to be charged for issuing fishing licenses and permits and allow the issue of recreational licenses in commercial establishment and in recreational fishing associations or clubs. Children under the age of fifteen (15) are hereby exempted from the payment of these fees if accompanied by an adult who holds a fishing license.
(k) Regulate, pursuant to subsection (q) of this section, the catch an establish quotas for fishing live fish.
(l) Establish, through regulations, the specific requirements for each type of license or permit pursuant to subsection (q) of this section.
(m) File civil suits and damages in any court of Puerto Rico or the United States of America to recover the total value of damages caused to the environment or the natural resources upon any violation of this chapter or the regulations thereunder. The total amount of the settlement to be collected to such effects shall be deposited in the Puerto Rico Fishing Special Management Fund on behalf of the Department.
(n) Resort to the courts of Puerto Rico or of the United States of America, represented by the Secretary of Justice, by the attorneys of the Department or by a private attorney contracted for such a purpose, to petition the enforcement of an order issued by the Secretary or to petition the remedy requested by the Department through any civil action.
(o) Contract the professional services of attorneys and experts for counsel or representation in their respective fields and legal matters of their professional expertise and to set their corresponding compensation.
(p) Prohibit the fishing, catching, transportation, possession or export of young aquatic species intended for aquariums.
(q) Create a Fishing Advisory Board to advise the Secretary in the formulation of public policy related to recreational and commercial fishing; issue recommendations on the administrative mechanisms to be implemented for managing the fishing resources; and review the fishing regulations to be established to issue recommendations on possible amendments, if necessary.
The Fishing Advisory Board shall be constituted by four (4) members from among the commercial fishermen representatives of the four (4) cardinal points of Puerto Rico, to wit, the north, south, east and west; three (3) representatives from among the recreational fishermen, of which two (2) represent the marine environment and one the lake and river environments, two (2) representatives of an organization which promotes the conservation of marine resources, one (1) biologist specializing in marine resources from an academic entity, one (1) biologist specializing in marine resources from the Department of Natural and Environmental Resources, one (1) representative of the Caribbean Fisheries Council and one (1) representative from the Department of Agriculture.
Said Board shall be bound to consider the recommendations and amendments of the commercial and recreational fishermen of Puerto Rico duly recognized by the pertinent authorities, and shall allow them active participation in the regulatory process.
(r) Whenever the Secretary deems it necessary, he/she shall establish, approve, amend, and repeal regulations and administrative orders, and implement plans in accordance with the laws, as well as with regulations, circular letters and bulletins issued by the National Marine Fisheries Service from the National Oceanic and Atmospheric Administration of the United States Department of Commerce. However, the foregoing shall not be construed to limit the prerogatives and powers granted under §§ 2101 et seq. of Title 3, better known as the “Uniform Administrative Procedure Act”, or any other act.
History —Nov. 29, 1998, No. 278, § 5; Aug. 1, 2004, No. 181, § 1; Apr. 15, 2005, No. 5, § 1; Dec. 30, 2010, No. 229, § 1.