P.R. Laws tit. 23, § 6314
For the purposes of this subchapter, the following terms shall have the meaning stated below:
(a) Area of cultural value. — A space, location or property that contains important features or attributes which are characteristic of or distinctive to our national culture, which may be, but are not limited to, historical, architectural or archeological features or attributes, or nontangible cultural elements, such as customs, folklore, traditions, cuisine, artistic expressions, and others.
(b) Area of natural value. — Pieces of land or bodies of water which hold ecological importance under the criteria of the “Puerto Rico Natural Patrimony Program Act”, §§ 1225—1241 of Title 12.
(c) Carrying capacity. — The capacity of an ecosystem to tolerate the punctual or cumulative impact of a tourist zone, caused by the number of persons that may visit the location without having a negative environmental, sociocultural or aesthetic impact or causing ecological instability. This number is computed mathematically, taking into account the geographical, social and ecological characteristics of the location.
(d) Certification. — An acknowledgment granted by the Tourism Company to facilities, products and services which meet the most stringent requirements established worldwide by the industry in order to be denominated and to be able to self-promote as sustainable or ecotourism facilities and to be entitled to incentives granted under this subchapter and other laws.
(e) Interagency Commission. — The entity created under this subchapter to impart direction at the macro level and to coordinate in an integrated manner the efforts pursued by the Commonwealth government required for the optimal development and promotion of sustainable tourism, as well as ecotourism, throughout the Island.
(f) Company. — The Puerto Rico Tourism Company.
(g) Community. — The term refers to a heterogeneous group of people that share a common geographical area for residential purposes and have access to a grouping of local natural resources. The degree of social differentiation and cohesion, the strength of common beliefs and institutions, the cultural diversity and other factors vary greatly within and between communities (Schmink, 1999).
(h) Advisory Council. — The entity created under this subchapter to advise on the matter of the development of initiatives to facilitate the implementation of plans and strategies which seek the sustainable development of tourism.
(i) Department. — The Department of Natural and Environmental Resources of the Commonwealth of Puerto Rico.
(j) Executive Director. — The Executive Director of the Tourism Company.
(k) Ecosystems. — The [relationship] between the life processes of a biotic community and its surrounding physical and environmental factors.
(l) Ecotechniques. — Ecologically responsible design and construction practices aimed at minimizing direct or indirect environmental impact and at reducing costs. These techniques are implemented through the use of clean technology, solar energy, waste treatment and recycling, the production of compost from organic garbage, used water management, alternative supply of water for domestic or commercial use, the consideration of environmental factors to optimize design, such as: interpretive trails, bioclimatic criteria in architectural design for the orientation of dominant winds, natural insolation, and others; the use of vegetation and topographical accidents as weather regulation elements, and landscape architecture.
(m) Ecotourism. — Sustainable tourism modality which consists in visiting and experiencing natural and cultural assets, while ensuring the protection of resources and generating economic activity which directly benefits local populations without compromising the options for future generations.
(n) Species. — Organisms of a group which mate with other members of a group not other than their own. Includes any species, subspecies or variety of flora, or wild fauna, as well as any population segment thereof.
(ñ) Commonwealth of Puerto Rico. — The agencies, instrumentalities, departments, offices, dependencies, municipalities, and public corporations of the Commonwealth of Puerto Rico.
(o) Habitat. — A zone or part of an ecosystem which meets the living conditions that a specific species needs to survive.
(1) Natural habitat. — Tracts of land whose ecological conditions allow for the existence and reproduction of wildlife populations. This term excludes urbanized tracts of land and includes, but is not limited to forests, wetlands, and grass prairies, among others.
(2) Human habitat. — Location where a human individual, group or community lives and which is characterized by great diversity throughout the planet and by the combination of natural and cultural elements.
(3) Critical natural habitat. — Specific tracts of land within a geographical area where a designated or endangered species is found or may be reintroduced and which have physical and biological characteristics that are essential for the conservation of the species and that need special protection or management.
(p) Infrastructure in public and private natural areas. — Any structure, facilities and systems provided for carrying out sustainable tourism activities or modalities. Includes but is not limited to: interpretive trails; boardwalks; research laboratories; recreational fishing docks; ramps; dry dock areas and fish cleaning facilities; picnic areas; observation towers; underwater trails; the placement of fishing floats to lure pelagic fish species for recreational fishing; safe camping facilities; mooring buoys; facilities for the sale of educational materials, arts and crafts, or souvenirs; the designation of protected natural areas and restoration of wetlands; watershed reforestation; cavern habilitation; the construction of “ecolodgings” or ecotourist inns; and the creation of information and education centers.
(q) Limit of Acceptable Change (LAC).— An analysis and planning tool whose methodology allows for the identification and monitoring of major environmental and social indicators, including the identification of social and environmental impacts on natural areas. All sectors which are stakeholders in the development of ecotourism on the Island must be incorporated in the LAC formulation process.
(r) Office. — The Office for the Sustainable Development of Tourism in Puerto Rico, created under § 6318 of this title, with the purpose of implementing public policy to enable the development of sustainable tourism in Puerto Rico.
(s) Nongovernmental Organization (NGO).— Any private nonprofit institution, entity, association, trust or organization constituted pursuant to the laws of Puerto Rico, whose main functions or purposes include the protection or conservation of an area with natural, cultural, agricultural or ecotourist value, as well as socioeconomic development.
(t) Community participation. — Accessibility by the community to the processes of planning, decision-making, implementation, evaluation, administration, operation and maintenance of ecotourist projects and programs.
(u) Secretary. — Means the Secretary of the Department of Natural and Environmental Resources of the Commonwealth of Puerto Rico.
(v) Conservation easement. — A lien levied on real property in benefit of a person or premises, which imposes obligations, rights and conditions on the real property and its owner for the purposes of protecting or conserving an area with natural value or a property with cultural, agricultural and ecological value.
(w) Natural succession. — A sequence of changes experienced by an ecosystem throughout time.
(x) Types of ecotourists. — Ecotourists are classified as:
(1) Casual: those who visit natural areas incidentally, as part of their trip.
(2) Mainstream: those who visit natural areas in seeking to experience a unique tour.
(3) Dedicated: those who travel specifically to observe protected natural areas and who want to know the local natural and cultural history.
(4) [Professional]: scientific researchers and participants in travels specifically organized for environmental education purposes, who are engaged in efforts to assist in the recovery of flora and fauna.
(y) Sustainable tourism. — A tourism activity which meets the needs of tourists and host communities, while protecting and improving future opportunities. It entails the management of all resources in such a manner so that economic, social and aesthetic needs are met while maintaining cultural integrity, essential ecological processes, biodiversity and life support systems.
(z) Sustainable tourism zone. — Areas identified to have ecological or cultural value, with potential for sustainable tourism development. [This i]ncludes areas with potential for the development of ecotourism.
History —Nov. 30, 2006, No. 254, § 3.