P.R. Laws tit. 12, § 1205

2019-02-20 00:00:00+00
§ 1205. Duties

Under the direction of the Secretary of the Department of Natural and Environmental Resources the Corps shall have the following powers and duties:

(a) The Corps shall have the following duties:

(1) To enforce strict compliance with the provisions of Act No. 70 of May 30, 1976, and their regulations.

(2) Exercise control over the activities and operations involving the components of the earth’s crust in public or private lands, pursuant to §§ 206–220f of Title 28 and their regulations.

(3) To assume the duties assigned to the forest rangers, as outlined in §§ 191–204 of this title and their regulations.

(4) To assume the powers assigned to the Fishing Inspectors, as set forth in Act No. 83 of May 13, 1936 and their regulations.

(5) To inspect and keep watch over the bodies of water of Puerto Rico, as set forth in §§ 1115–1115v of this title and their regulations.

(6) To keep watch over and protect the mangrove swamps belonging to the Commonwealth of Puerto Rico, which are under the supervision of the Department of Natural and Environmental Resources as established in §§ 255–255b of this title and their regulations.

(7) To assume the vigilance and conservation of the property, land and bodies of water of the municipality of Culebra, as established in §§ 890–890 l of Title 21, in coordination with the Culebra Conservation and Development Authority.

(8) To enforce compliance with all the laws and regulations of the Commonwealth of Puerto Rico referring to the conservation and development of its natural resources.

(9) Enforce provisions of §§ 1401 et seq. of Title 33, which imposes penalties for littering in public or private places.

(b) The Corps shall have the power to exercise the following functions:

(1) To make arrests for attempted violation or violations of the laws provided in subsection (a) of this section when the attempt to commit the violation or the violation has been committed in the presence of any member of the Corps. Provided, That the laws or procedures applicable to arrests by law enforcement officers shall be equally applicable to the Natural and Environmental Resources Rangers Corps. Said Rangers may enter the property and waters of the Commonwealth without it constituting trespassing. Entrance to private property requires the prior permission of the owner of the land, except in those cases established in § 2191 of Title 3, part of the “Uniform Administrative Procedures Act”.

(2) The Natural and Environmental Resources Rangers Corps shall have the power to enforce all the laws related to the protection, conservation and supervision of the natural resources of Puerto Rico, and as part of such power it may:

(A) Inspect and request the presentation of any permit, franchise, resolution, license, or document granted by the Secretary of the Department, which authorizes any activity or operation under the jurisdiction and competence of the Natural and Environmental Resources Department, in public or private lands within the limits of the Commonwealth of Puerto Rico.

(B) Verbally order the immediate cessation or paralyzation of any activity or operation which is being carried out in an area under the Secretary’s jurisdiction without his due authorization, or when said operation has been duly authorized but is being carried out in an irregular manner.

(C) Issue subpoenas, tickets, file complaints and conduct any type of intervention for violations of the laws enforced by the Department of Natural and Environmental Resources. The Rangers are also authorized to issue tickets for violations of the laws and regulations of the Department of Natural and Environmental Resources, or of any other law that thus provides it.

(D) Execute search and arrest warrants issued by Courts of Justice.

(E) Execute subpoenas issued for the examination, investigation and prosecution of the laws administered by the Department of Natural and Environmental Resources.

(F) Bear weapons as provided by the Superintendent of Police by regulations.

(G) Make searches in regard to violations of laws implemented by the Department of Natural and Environmental Resources, in accordance with the Rules of Criminal Procedure of Puerto Rico, 34 L.P.R.A. App. II, in force.

(H) Perform arrests when the offense is committed in their presence.

(I) Obtain and execute search warrants in the performance of the duties, functions and obligations provided herein.

(J) Seize and keep any wildlife, aquatic life, earth crust or forest material in the possession or under the control of persons who intend to transport by land, air, or sea, any wildlife, aquatic life, earth crust or forest material, in violation of the laws administered by the Department of Natural and Environmental Resources, as well as to seize, confiscate and keep any weapon, device, vehicle, boat, vessel, airplane, truck, trailer, mechanical digger, loader, or any equipment used in violation of the laws administered by the Department of Natural and Environmental Resources. Any confiscation shall be made pursuant to Act No. 39 of June 4, 1960. It shall be illegal to resist or help to resist an arrest, detention, summons, search and/or seizure executed by a Natural Resources Ranger, pursuant to the provisions of this chapter or the laws administered by the Department of Natural and Environmental Resources.

History —June 29, 1977, No. 1, p. 533, § 5; Aug. 14, 1991, § 5, No. 64; Jan. 4, 2000, No. 10, § 1; Aug. 25, 2005, No. 77, § 1.