For the purposes of this chapter, the following terms shall have the meaning expressed below:
(a) Game animals.— Those animals deemed to have sports value for which the Secretary may establish a hunting season.
(b) Hunting weapon.—
(1) Any shotgun not smaller than.410 gauge and not to exceed 12 gauge, with a barrel length of 20 inches or more and which cannot be loaded with more than three cartridges at once.
(2) Any shotgun of a gauge or barrel length as described in clause (1) of this subsection or to which a removable plug has been adapted, only if disarmed in such a manner so that it cannot be loaded with more than three (3) cartridges at once.
(3) Any instrument, equipment or weapon whose design, gauge or ballistic properties are the most appropriate for hunting exotic species and wildlife fauna for management, control and scientific research purposes, or which allows hunting or capturing said species without endangering the safety of the hunter or other species, nor marring their scientific value.
(4) Bows and arrows, according to the regulations established by the Secretary.
(c) Public roads.— Any municipal or Commonwealth public thoroughfare, be it a street, road or highway.
(d) Sport hunting.— Recreational activities authorized by the Secretary during which the participant, known as a sport hunter, uses a weapon to capture a game animal during the seasons established by the Secretary.
(e) Non-sport hunting.— Hunting activity for scientific, educational and population control purposes or any other non-sport hunting activity authorized by the Secretary by permit.
(f) Hunter.— Person authorized by the Secretary to hunt in Puerto Rico.
(g) Sport hunter.— Person to whom the Secretary issues a license to practice sport hunting in Puerto Rico.
(h) To hunt.— To pursue, wound, kill, catch, shoot, disturb or destroy any species of wildlife in Puerto Rico.
(i) To collect.— To capture or take possession of any species of wildlife.
(j) Department.— The Department of Natural and Environmental Resources.
(k) Hunting day.— The period of time for hunting within a calendar day that the Secretary determines through regulations.
(l) Species.— Includes any species, subspecies or variety of wild flora or fauna, as well as any segment of its population.
(ll) Endangered species.— Those species that, although not in critical danger, face a high medium-term risk of extinction in the wild.
(m) Critically endangered species.— Species that face an extremely high risk of extinction in the wild in the immediate future.
(n) Harmful or invasive species.— Species that the Secretary designates by means of regulations that cause or may cause economic or environmental damages, or damages to human health.
(ñ) Vulnerable or endangered species.— Those wildlife species whose population numbers are such that in the judgment of the Secretary require special attention to ensure their perpetuity in time and in the physical space in which they exist, and to be designated as such by means of regulations.
(o) Exotic species.— Those species that, according to the opinion of the Secretary of the Department of Natural and Environmental Resources, are not a part of the native or migratory flora or fauna of Puerto Rico.
(p) Wild fauna.— Any resident animal species whose natural propagation or survival does not depend upon human diligence, care or breeding and is found in the wild, whether native or adapted to Puerto Rico, or any migratory species that visits Puerto Rico any time of the year, as well as exotic species, as defined in this chapter. Provided, That this definition comprises birds, reptiles, aquatic or land mammals, amphibians and all invertebrates, and includes any part, product, nest, egg, brood or the dead body or part thereof; also included are vulnerable and endangered species.
(q) Wild flora.— Those native or exotic plants whose survival or propagation does not depend upon humans, including rare and endangered species.
(r) To import.— To unload, enter, introduce or attempt to unload, enter or introduce flora and fauna into any location within the jurisdiction of the Commonwealth of Puerto Rico, regardless of whether or not this chapterivity constitutes an import as defined in United States Customs Laws or any other definition contrary thereto.
(s) Importer.— Any person authorized by the Department to import species.
(t) License.— A written authorization issued by the Secretary to practice diverse activities as defined in this chapter and its regulations.
(u) Migratory.— Any bird covered under the provisions of the “Migratory Bird Treaty Act”, of August 16, 1916, and those that emigrate to Puerto Rico from countries non-signatory of said Treaty, be they resident or migratory species, or any mutation or hybrid of any of these species, including any part of the bird, the nests or eggs of these birds or any product, be it manufactured or not, consisting of or containing any part of the bird, nest or egg.
(v) Person.— Any natural or juridical person, including the Commonwealth of Puerto Rico, its agencies and instrumentalities.
(w) Wildlife reserve.— An area administered by the Department for the management and propagation of wildlife where sport hunting, and recreational and scientific activities, among others, are permitted, pursuant to the regulations in effect.
(x) Hunting reserve.— A tract of land used mainly for sport hunting purposes in which the owner, person in charge or administrator, by means of the introduction of game animals raised in captivity or raising the same by semi-natural methods or practices, including the improvement of the natural habitat, offers to hunters such hunting resources in exchange for payment.
(y) Secretary.— The Secretary of the Department of Natural and Environmental Resources.
(z) Hunting season.— The time allotted by the Secretary during which it shall be permitted to hunt any species of wild fauna designated by the Secretary as game.
(aa) Wildlife.— Includes any organism found in the wild whose natural propagation or survival does not depend on the diligence or care of or breeding by man, whether native or adapted to Puerto Rico; or any migratory species visiting Puerto Rico at any time of the year, as well as the exotic species as defined in this chapter. Provided, That this definition shall include but is not limited to birds, aquatic and land reptiles, aquatic or land mammals, amphibians, all land invertebrates, and plants, and any part, product, nest, egg, brood, flower, seed, fruit, leaf or body or part thereof.
(bb) Law enforcement officer.— Any member of the Ranger Corps, the Puerto Rico Police, the Municipal Police, the Federal Forestry Service and the U. S. Fishing and Wildlife Service.
(cc) Sanctuary.— An area designated by the Secretary of the Department where sport hunting is not permitted and where other compatible uses are governed by regulations.
(dd) Natural habitat.— Tracts of land whose ecological conditions allow the existence and reproduction of wildlife populations. Urbanized lands are excluded. Includes but is not limited to forests, wetlands, and grassland prairies, among others.
(ee) Critical natural habitat.— Specific tracts of land within a geographical area where a species designated as vulnerable or endangered may be found or reintroduced and whose physical or biological characteristics are essential for the conservation of the species and require special protection or management.
(ff) Critical natural habitat essential to vulnerable or endangered species.— Any habitat necessary for the survival of vulnerable or endangered species whose characteristics appear only in a particular area of Puerto Rico.
(gg) Habitat modification.— Any manmade change in the natural habitat which kills or affects native and migratory wildlife or which could cause those effects by altering its shelter or its essential patterns of normal behavior, such as reproduction and feeding.
(hh) Natural reserve-Special designation.— Areas identified by the Department of Natural and Environmental Resources and designated by the Planning Board which, because of their physical, ecological, and geographical characteristics, and the social value of the natural resources held therein, deserve to be conserved, preserved or restored to their natural condition.
History —Aug. 15, 1999, No. 241, § 2; Sept. 2, 2000, No. 368, § 1; Sept. 15, 2004, No. 295, § 1.