PR Ley 293, 2004 Ingles

Puerto Rico Law No.
293 of September 15, 2004

Law of the Permanent Fund for the Environmental Preservation of
Culebra
To create the Law of the Permanent Fund for the Environmental
Preservation of Culebra, in order to create a permanent fund to finance
the preservation and environmental maintenance works of the Island of
Culebra, establish a public policy of ecological preservation, structure an
education program citizen on the environmental value of Culebra, and
enable a program of behavior standards for visitors to Culebra.
STATEMENT OF MOTIVES
The Island Municipality of Culebra, is composed of a variety of islets
that extend over an area of ten square miles. There is a general
consensus about the incalculable ecological value of this Island, which
in turn implies that Culebra requires special treatment to maintain and
protect the fragile balance between the environment and physical-
economic development.
Contrary to other municipalities such as Bayamón, Caguas, Fajardo, or
Ponce, where development has remained with high percentages of the
territory, Culebra has maintained its natural condition quite unaltered.
The low levels of development in the Island of Culebra, far from
affecting the quality of life of the residents of that municipality,
represent a solid foundation of high quality of life and social peace.
It is not by chance that Culebra has the lowest crime rate, a low level of
violence in general, a high degree of stability of the family nucleus and
high levels of quality of life. Although it is recognized that the residents
of the Island suffer from many needs, there is a consensus among the
Culebrense society to preserve the maximum natural character of the
Island and to avoid the maximum development.
At times when the need to implement sustainable development policies
in Puerto Rico, the natural character of Culebra becomes an asset of high
social and ecological value not only for the Culebrenses, but for all
Puerto Ricans.
Given the complexity and cost of establishing planning and development
systems according to what is Culebra, adequate financial resources are
required to enable the Municipal Government to hire the expertise and
technical resources necessary to implement the programs demanded by
the government. maintenance and preservation of Culebra.
Annually, Culebra receives thousands of visitors that in many cases
generate high levels of pollution as well as a high amount of solid waste
that forces the Municipality to invest large amounts of money from its
small budget, to collect garbage and to protect natural resources.
The Authority for the Conservation and Development of Culebra,
(ACDEC) created by Act No. 66 of 1975, as amended, is the main
government agency responsible for the planning and environmental
preservation of Culebra. Historically, this entity was under the control
of the Department of Natural and Environmental Resources, which
financed and supported its operation.
While under the umbrella of the Department, ACDEC never fully
exercised its powers provided by its enabling law and therefore never
grew to carry out its functions fully. When it passes into municipal
hands, ACDEC only subsists with a very small state budget contribution
that does not allow financing the operations required by its functions
stipulated by law.
At a time when the Municipal Government of Culebra together with the
Central Government promotes ambitious socio-economic development
programs, it is more than necessary to raise funds to finance the
operations of preservation and integral planning of Culebra.
For this purpose, this Legislature deems it prudent and necessary to
legislate to establish a permanent fund that allows financing the
environmental preservation activities of the Municipality of Culebra.
This fund will be nurtured through the imposition of an additional
entrance fee to non-residents entering the Island of Culebra, through
maritime systems.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF
PUERTO RICO:
Article 1. Title
Law of the Permanent Fund for the Environmental Preservation of
Culebra.
Article 2. Declaration of Public Policy
It will be the public policy of the Commonwealth of Puerto Rico to
provide the conditions and resources to achieve the preservation and
make possible the optimal management of the Island of Culebra as a
valuable ecological resource.
Article 3. Environmental Preservation Fund
The permanent fund for the environmental preservation of Culebra is
created, which will be attached to the Municipal Government of
Culebra. The fund will be financed through the charge of an additional
fee of two (2) dollars to any visitor that enters Culebra by sea and as far
as the order allows for those who enter by air. Residents and merchants
will be exempt from this fee. Exclusively in the case of merchants, a
registry of bonafide merchants that are excluded from the payment of
this rate will be established. The definition of Merchant Bonafide will be
included in the regulations to be made. This does not apply to merchants
who carry out commercial or industrial activities that affect the
environment, the entity in charge of maritime transport will charge and
return the intact amount of the additional fee free of charge quarterly.
The visitor will pay his fee when purchasing his boat ticket. The
Municipality of Culebra and the Maritime Transport Authority will
develop the necessary regulations and implement adequate
administrative and accounting systems to ensure the proper management
of these funds, and ensure that they are used for the purposes set forth in
this Law. will be used for the following purposes:
a. Finance the planning and preservation operations of Culebra;
b. To cover the expenses of hiring the technical personnel that advise the
municipality in matters of environmental preservation;
c. Finance projects or public works associated with environmental
preservation;
d. Finance education activities and promotion of the environmental
values of environmental preservation of Culebra; and.
e. Any other project or activity that favorably impacts the environment
and the ecological preservation of Culebra.
f. Financing activities of management and maintenance of the Natural
Reserve of the Canal de Luis Peña.
g. For the management of Culebra waste problems.
Article 4. Citizen Education Program
The Department of Natural Resources and the Tourism Company are
authorized to carry out, together with the Municipality of Culebra, a
citizen education campaign on the ecological and environmental values
of Culebra, from the point of view of the preservation and tourist
development of the Island. This campaign may be financed through the
matching of funds between the Municipal Government and the agencies
concerned in this Law.
Article 5. Citizen Rules
The Authority for Conservation and Development of Culebra is
authorized and the Department of Natural and Environmental Resources
to prepare, together with the Municipality of Culebra, a program of
citizen norms, aimed at establishing basic guidelines for visitor behavior
in Culebra, in accordance with the objectives set forth in this Law of
preserving the environment and protecting the ecological resources of
Culebra. For its preparation, this program must take into consideration
but not limited to the following:
a. Import of products to Culebra with a high propensity for
contamination;
b. Preservation and care of marine life;
c. Promotion and observance of recycling programs;
d. Unnecessary noise and prevention of activities in ecologically
sensitive areas; and.
e. management of waste or other contaminants in ecologically sensitive
areas.
The Authority for the Conservation and Development of Culebra, is
authorized to establish fines for those who violate the rules established in
this program. The money generated by the fines will go to the Permanent
Fund for the Ecological Preservation of Culebra.
Article 6.-Regulation
The Municipality shall adopt the necessary Regulation to implement the
objectives set forth in this Law.
Article 7. Effectiveness
This Act shall take effect on the 1st. July 2004. Important Notes: 1. This
law is a copy of the original law when it was approved, it does not
include subsequent amendments.

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Puerto Rico Law No.

293 of September 15, 2004

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