The following actions shall be deemed to be unlawful and criminal acts, and thus be subject to penalties as provided hereinbelow:
(a) To practice falconry or any other activity set forth in this chapter without holding a valid falconry license, or without having been issued a hunting permit or other applicable authorization by the Secretary, or without having acquired the official season or species stamp, when applicable. The aforementioned documents, or any others to be determined by the Secretary through regulations, shall be carried by the person who is engaging in activities covered by the provisions of this chapter.
(b) To practice falconry by preying on any wildlife species not authorized by the Secretary. If, in the course of a training session or while falconry hunting in an authorized area, a trained bird of prey chases an unauthorized species, without there being negligence or premeditation on the part of the falconer, the latter shall:
(1) Use all available means (signs, food, baits, live game, etc.) to recall the bird of prey, abort the chase, and prevent the capture.
(2) If the capture is produced, do everything possible to free the species without harming the same and restrain the bird of prey.
(3) If the bird of prey kills such prey, allow it to feed from the same and abandon the area without taking the remains, any parts of the carcass, or feathers of the prey. The situation shall be notified to the Department, which shall in turn notify the Fish and Wildlife Service of the U. S. Department of the Interior within the following five (5) business days.
(4) The fact that there was no negligence or premeditation shall be taken into account by the corresponding Department official who shall also consider recidivism or recurrence of similar past situations, if the same have occurred.
(c) To import, capture, train, or keep birds of prey in captivity for falconry purposes without the corresponding falconry license and wildlife fauna importing permit, as applicable.
(d) To exchange birds of prey, parts thereof, chicks, or eggs for falconry purposes without having the corresponding falconry license and as provided by the Secretary in the applicable regulations.
(e) To intentionally capture or possess species of birds of prey whose use is not authorized for falconry or a species that a falconer’s level does not allow him to possess. If this act should accidently occur, the bird shall be freed immediately. Birds of prey that are captured and whose body has falconry equipment are excluded from the foregoing. In this case, the bird shall be kept although not permitted by the falconer’s level, and the Department shall be notified within the following five (5) business days to determine the status thereof.
(f) To carry out falconry hunting outside the hunting seasons established by the Secretary for such purposes.
(g) To carry out falconry hunting in public or private domain lands managed by the Department and where the Secretary has determined that falconry hunting is incompatible with the use defined for the same, or on game whose hunting is banned in certain areas as determined by the Secretary through regulations or administrative order.
(h) To carry out falconry hunting in game reserves without holding the corresponding falconry license.
(i) To carry out falconry hunting on private lands without having previously obtained authorization from the owner or authorized representative thereof.
Any person who commits any of the prohibited acts indicated herein shall be subject to the revocation of the corresponding falconry license and the payment of a fine, which shall be issued by an administrative ticket prepared by the Department, among other penalties.
Any person who carries out falconry hunting in the surroundings of threatened or endangered species and who willingly hassles, chases, harms, or risks any individual of such species shall be guilty of a felony and, upon conviction, be imposed a fine of at least ten thousand dollars ($10,000.00) and up to one (1) year of imprisonment. Such person shall also be referred to the corresponding federal authorities to be prosecuted for crimes against federal laws and regulations in effect.
Furthermore, for violations of any other provisions of this chapter, an administrative fine of at least five hundred dollars ($500), but not greater than five thousand dollars ($5,000), may be imposed in accordance with the penalties established by the Secretary through regulations. The amounts collected by the Department from the administrative fines, as well as from the issue of licenses, renewals, permits, and other matters related to this chapter, shall be covered into the Special Wildlife Management Fund created by virtue of §§ 107 et seq. of this title, better known as the “New Puerto Rico Wildlife Act”.
History —May 17, 2012, No. 89, § 6.