AN ACT. (S. B. 2282) (Reconsidered) (No ) (Approved June 25, 2012)

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1 (S. B. 2282) (Reconsidered) To (No ) (Approved June 25, 2012) AN ACT create the Great Northeast Ecological Corridor Nature Reserve Act in order to declare and designate as a nature reserve any public or patrimonial lands belonging to any agency, public corporation, or instrumentality of the Government of Puerto Rico located within the area designated as the Northeast Ecological Corridor, which comprises the coastal zones of the municipalities of Luquillo and Fajardo; establish as public policy the preservation, restoration, and conservation of said area; and for other related purposes. STATEMENT OF MOTIVES Only 8% of Puerto Rico s territory is devoted to the preservation and conservation of natural resources. This area includes public and private properties classified as state forests, national forests, wildlife refuges, nature reserves, protected natural areas, conservation easements, and lands acquired or managed by the State and Federal Governments, and nongovernmental conservation organizations. This percentage is significantly lower than those of neighboring jurisdictions, such as the Dominican Republic (42%), Cuba (32%), the U.S. Virgin Islands (54%), the Caribbean (28.2%), and the United States (25%). It is also lower than the 15% average in developed countries. Failure to protect a larger extension of land jeopardizes the ecological services associated with drinking water supply and quality, air quality, wildlife populations, healthy habitats, public safety, soil productivity, genetic reserves, tourism and recreational opportunities, and spiritual

2 2 refuge, all of which are essential to guarantee the sustainable development of Puerto Rico. The Department of Natural and Environmental Resources (DRNA, Spanish acronym), the National Oceanic and Atmospheric Association (NOAA), the United States Fish and Wildlife Service (USFWS), and the United States Forest Service (USFS) have made countless efforts to identify lands in Puerto Rico whose preservation and conservation should be a priority due to their extraordinary natural value. For more than three decades, the Northeast Ecological Corridor (NEC) has been recognized by these and other agencies, as well as by local and international conservation organizations, as one of the areas of highest natural value in Puerto Rico. The NEC consists of approximately 3,057 cuerdas (1,202 ha) located along the coastal zone of the municipalities of Luquillo and Fajardo. Approximately 2,931 cuerdas (1,152 ha) are dry and waterlogged lands, and 126 cuerdas (50 ha) consist of shallow bodies of water. San Miguel I and II, Las Paulinas, El Convento Norte, El Convento Sur, and Seven Seas parcels constitute most of the NEC. Sixtyfive point nine percent (65.9%) of the Corridor s area is comprised of public and patrimonial land belonging to different government agencies. The Puerto Rico Industrial Development Company administers approximately 1, cuerdas, which are part of the Las Paulinas and El Convento Norte parcels. The Puerto Rico National Parks Company owns 110 cuerdas which were designated as part of the Seven Seas Nature Reserve. The Department of Natural and Environmental Resources owns cuerdas located in parts of the San Miguel I parcel, and the Puerto Rico Land Administration owns nearly cuerdas on the western end of the NEC, near the mouth Sabana River. The NEC stands out because it contains most of the types of coastal wetlands that have been classified in Puerto Rico. Some of these, such as

3 3 mangroves, allow for the occurrence of natural phenomena of spectacular beauty, such as bioluminescence in the Aguas Prietas Lagoon, located in the eastern end of the Corridor. The rivers and streams that flow through the NEC, which originate in the Luquillo Mountain Range, have created freshwater wetlands such as bogs and dragonblood tree (Pterocarpus officinalis) swamps; the latter are rare in the Island. Tropical flora communities that were endemic to the coasts of Puerto Rico prior to the Spanish colonization can be found in some parts of the NEC, which is a historical value rarely attributed to a natural area. Coral communities and seagrass beds can also be found just north of the NEC. The area is also home to various ecosystems and landscape features, such as plains, coastal hills, and lower slopes that, according to scientific research recently carried out by the USFS in collaboration with the DRNA, are among the least protected in the Island. The ecosystems found in the NEC house great biological diversity. Over 860 species of flora and fauna have been identified in this area, including more than 50 species classified as rare, endemic, vulnerable, or endangered. The existence of these species and others in the NEC is closely related to the diversity and integrity of the zone s ecosystems. The Corridor provides the ideal conditions for the nesting of sea turtles. In fact, the beaches located in this area are considered to be some of the most important for the nesting of leatherback sea turtles (Dermochelys coriacea) in the northeastern Caribbean, as well as within the U.S. jurisdiction. The leatherback sea turtle is the largest sea turtle in the world and it has been classified as an endangered species by federal and state laws. The value of the NEC extends beyond its territorial limits when considering how it interacts with other coastal ecosystems, such as the Cabezas de San Juan Nature Reserve (hereinafter, El Faro), and the mountain ecosystems of the El Yunque National Forest. The mountain system located at the center of the Corridor is the northeasternmost part of the Luquillo Mountain Range that comes into

4 4 contact with the sea. The region comprised by El Faro, El Yunque Forest, and the connection between these two systems that the Corridor provides contains all the life zone classifications found in Puerto Rico, ranging from a subtropical dry forest near El Faro to a lower montane rainforest in the higher areas of El Yunque. This diversity, combined with the numerous ecosystems found in this thirteen (13)-mile long region, creates an incredibly singular natural phenomenon. For all the foregoing, this Act recognizes the existence of this zone or area, which we designate hereunder as the Great Northeast Ecological Corridor Nature Reserve (GNECNR). It is located along the coastal zone of the Pitahaya and Juan Martín wards in the municipality of Luquillo, and the Quebrada Fajardo and Cabezas wards in the municipality of Fajardo. Although we have the specific intention of permanently protecting and conserving the lands in the NEC, its adjacent areas must be considered a buffer zone in which possible development must be tempered with the particular conditions of the GNECNR. Despite its great natural value, the NEC has been threatened by various residential-tourism project proposals and by the urban sprawl that has invaded coastal zones and the Island s northeastern region during these past decades. Many administrative and legal steps have been taken, promoted, or established by the State to conserve the NEC. However, none have achieved its effective protection and conservation. In over 30 years of efforts, only 110 cuerdas of the NEC have been designated as a Nature Reserve through legislation under Act No , which created the Seven Seas Estate Nature Reserve. It is also worth noting that the NEC has a great potential for the development of ecotourism and nature tourism activities that would help diversify tourism offerings in Puerto Rico. If we do not seize this opportunity, we would seriously limit our international competitiveness as a tourist destination. This would affect our interests, the people s wellbeing, and any progress made pursuant to the public

5 5 policies established for the protection of the environment and the administration of natural resources. The Constitution of Puerto Rico establishes that: It shall be the public policy of the Commonwealth to conserve, develop, and use its natural resources in the most effective manner possible for the general welfare of the community. This Legislative Assembly, recognizing its ministerial duty, must strive to achieve through all powers at its disposal to ensure compliance with this constitutional mandate. Furthermore, the present government administration is duty bound, as part of its political platform, to promote the protection of forests, the creation of reserves where the natural environment may thrive, and the ecosystems that are endemic to our Island may be conserved, as well as to increase the percentage of land to be conserved given its ecological importance by at least 25%. To accomplish this task, the Legislative Assembly of Puerto Rico hereby recognizes the extraordinary value of the NEC and deems it necessary and of utmost importance to unequivocally ensure its conservation through legislation in order to guarantee its enjoyment by present and future generations of Puerto Ricans, and to further sustainable development of our Island. This Act is the first step to effectively and permanently protect the lands that make up the Northeast Ecological Corridor. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO: Section 1.- Title This Act shall be known as the Great Northeast Ecological Corridor Nature Reserve Act. Section 2.- Declaration of Public Policy The Constitution of Puerto Rico establishes that: It shall be the public policy of the Commonwealth to conserve, develop, and use its natural resources in the most effective manner possible for the general welfare of the community. The

6 6 State shall use any means and measures necessary to achieve this purpose, in which all its economic, social, and environmental goals are unified towards sustainable development. The optimal use of our environment, taking into consideration its natural features, is an absolute necessity because of the insular nature of our territory, our high population density, the susceptibility of many areas to natural events such as floods and tides, and the deep impact of our actions. The conservation of forests, wetlands, and any other ecosystems on which our wildlife depends, among other natural resources, is therefore necessary to meet the social and economic needs of present and future generations of Puerto Ricans. For the purpose of complying with the constitutional mandate regarding the conservation and use of our natural resources, and pursuant to public policies established to effectively achieve this goal, the Government of Puerto Rico hereby declares as public policy the preservation, restoration, and conservation of the area designated as the Northeast Ecological Corridor, or NEC, as well as its development, if possible, towards ecotourism and nature tourism activities. To achieve this, and aware of the economic challenges the Government of Puerto Rico currently faces, any public or patrimonial lands belonging to the Government of Puerto Rico, including all its departments and instrumentalities, is hereby initially designated as nature reserve in order to guarantee their preservation, restoration, and conservation, while simultaneously safeguarding the basis needed to achieve its sustainable development toward ecotourism and nature tourism activities, if possible, provided they are subject to and do not jeopardize the main goal, which is to protect the natural integrity of the NEC. Any submerged land, any land beneath navigable waters, as well as the water itself, located within the NEC, is also hereby designated as nature reserve including the waters just north of the NEC that are part of the coastal zone.

7 7 Section 3.- Definitions For purposes of this Act, the following terms shall have the meaning stated below: a) Conservation : The care and protection provided to a sector or property designated as a natural, cultural, or ecological resource of great value, for the purpose of improving and maintaining its conditions and natural features; it allows for its limited and careful use; provided, that said use is subject to and for the purpose of maintaining its integrity or improving the natural features of the area. b) Ecolodge : A type of accommodation ranging from 2 to 70 rooms in total, that provides service for a particular place or natural area, managed comprehensively and developed to avoid, reduce, and have little environmental impact. It is set in natural locations, it is financially sustainable, and helps protect adjacent sensitive areas; it benefits and involves the local communities; offers tourists interpretative, participatory, and interactive activities; facilitates spiritual communion with nature and culture; and is planned, designed, built, and operated in an environmentally and socially conscious manner. c) Ecotourism : A type of tourism that is environmentally responsible and consists of traveling to or visiting relatively undisturbed natural areas for the purpose of enjoying, appreciating, and studying the natural attractions of said areas, as well as any cultural manifestations (present and past) that may be found there. This is done through a process that promotes conservation, has low environmental and cultural impact, and favors active participation in the generation of socioeconomic benefits for local communities in the area visited or its periphery. It includes the development of recreational activities related to nature tourism, as well as the location and development of ecolodges following the aforementioned principles.

8 8 d) Preservation : The care and protection provided to a sector that is designated as a unique or important natural, cultural, ecological, or environmental resource for the purpose of maintaining its natural condition, as well as its unique and special features, in order to study it and observe it in a restricted, limited, and controlled manner. It includes avoiding or protecting the area or natural resource in advance from any harm or danger so as to guarantee its perpetuity for the enjoyment of future generations. e) Nature Reserve : An area of the territory that is administratively designated by the Planning Board or by a statutory provision as having important natural resources subject to serious conflicts in its present and future use, and that must be substantially preserved and conserved in their present condition or, in cases that so warrant, restored to their natural condition. f) Seven Seas Nature Reserve : Land administered by the Puerto Rico National Parks Company and designated as a nature reserve by virtue of Act No , known as the Seven Seas Estate Nature Reserve. g) Restoration : The act of reversing the degradation or alteration of an affected area by extracting, excavating, removing, and dredging elements of the earth s crust to improve or stabilize the same and bring it closer to its original natural state with the intention of preserving its integrity or restoring the original natural resources associated thereto. h) Patrimonial Lands : Land owned by the Government of Puerto Rico, which can dispose of the same as if they were private property. Such land shall be subject to the enabling laws of the agency, public corporation, authority, or governmental corporation or entity that administers it.

9 9 i) Public Lands : Land property of the Government of Puerto Rico and its agencies, entities, or departments, and municipalities. This includes streets, sidewalks, gutters, parks, plazas, traffic islands, easements, intersections, school yards, parking lots, and other lands which are the property of Government, Municipal or State agencies. j) Submerged Lands : Any lands permanently or periodically covered by water up to but not above the line of mean high tide in beaches, bays, lagoons, swamps, and other bodies of water. k) Lands Beneath Navigable Waters : It includes land beneath navigable waters around the island of Puerto Rico and its adjacent islands, up to a distance of three (3) marine leagues seaward, which is equal to nine (9) nautical miles, and ten point thirty-five (10.35) land miles the coastline, which may be modified by accretion, erosion, or reliction. l) Transfer of Development Rights : Mechanism whereby the development potential of a parcel is separated from its deed and, therefore, made available for transfer to another parcel. The owner of a sending area retains ownership of the parcel, but not the right to develop it. m) Nature Tourism : A type of sustainable tourism in which the principal motivation of the visitor is to observe and appreciate nature. This form of tourism uses the natural resources of an area as its main attraction to draw in and entertain visitors. It includes recreational activities such as bird watching and other wild fauna; walking or hiking; camp sites; kayaking, canoeing or biking trips, but does not include activities such as the sport of golf or the construction of structures, or accommodations that require the modification or active manipulation of the natural environment, among others.

10 10 n) Coastal Zone : Strip of coastal land and waters adjacent to Puerto Rico and the islands under its jurisdiction. Its boundaries are set by the Department of Natural and Environmental Resources and approved by the Planning Board and the Governor of Puerto Rico. From the coastline, it extends one thousand (1,000) lineal meters inland, or any additional distance necessary to ensure key natural systems on the coast are included. It also includes the waters and the ocean floor or seabed that extends three (3) marine leagues (10.35 land miles) seaward. Section 4.- Boundaries of the Great Northeast Ecological Corridor Nature Reserve The Great Northeast Ecological Corridor Nature Reserve (GNECNR) is located along the coastal zone of the Pitahaya and Juan Martín wards in the Municipality of Luquillo and the Quebrada Fajardo and Cabezas wards in the Municipality of Fajardo, between latitude N and N, and longitude W and W. To the North lies the Atlantic Ocean and to the West the historic urban center of the Municipality of Luquillo, as well as the El Cemí and Yuquiyú housing projects and the Rafael N. Coca Junior High School. To the South is State Road PR-3 and the Community of Borrás sector, also known as Juan Martín Afuera. To the south, in the Municipality of Fajardo, lies again State Road PR-3, as well as the Vistas del Convento housing project; Eastern Plaza Mall shopping center; the Fajardo Gardens, Vistas del Convento, and Monte Brisas subdivisions; the Cascajo sector; and the southern limits of the El Convento and Seven Seas parcels. To the East lies the recreational facilities of the Seven Seas parcels. The lands that constitute the GNECNR cover approximately 4,125 cuerdas of dry land and a portion of the sea equal to 65,582 cuerdas (including territorial waters and submerged lands and ecosystems), which extends 9 nautical miles seaward, between the sea-covered areas of Río Espiritu Santo and Las Cabezas de

11 11 San Juan Nature Reserves; it also includes a marine corridor located between La Cordillera and Canal Luis Peña Nature Reserves. There are km of protected coastline in the GNECNR, which include the protection of important beaches and nesting areas for endangered sea turtles. The new Northeast marine corridor is the second largest in Puerto Rico, protecting an area of 182,354 cuerdas. It is only surpassed in size by the waters and submerged lands protected by the designation of the Isla de Mona and Monito Nature Reserve (384, cuerdas). Likewise, the GNECNR includes the riparian corridors that flow into the El Yunque National Forest and are formed by the Sabana, Pitahaya, and Juan Martín rivers, their tributaries, and the riparian buffers along their riverbanks. The riparian corridor area of the aforementioned rivers, streams, and tributaries in the GNECNR also includes shallow bodies of water and a strip 20 meters wide, measured horizontally from both riverbanks that extends all the way from their source up to where they join the main component of the GNECNR. However, in no case do they include any currently existing residential, commercial, or industrial structures or parts thereof. Section 5.- Boundaries of the Northeast Ecological Corridor The NEC is an area of approximately 3,057 cuerdas (1,202 ha) in the coastal region of the Pitahaya and Juan Martín wards of the Municipality of Luquillo and the Quebrada Fajardo and Cabezas wards of the Municipality of Fajardo, between latitude N and N, and longitude W and Nearly 2,931 cuerdas (1,152 ha) are dry and waterlogged land, and 126 cuerdas (50 ha) consist of shallow bodies of water. To the North of these lands lies the Atlantic Ocean and to the West lies the historic urban center of the Municipality of Luquillo, the El Cemí and Yuquiyú housing projects, and the Rafael N. Coca Junior High School. To the South is State Road PR-3 and the community of the Borrás sector, also known as Juan Martín Afuera. To the South, in the Municipality

12 12 of Fajardo, lies again State Road PR-3, as well as the Vistas del Convento housing project; Eastern Plaza Shopping Center; Fajardo Gardens; the Vistas del Convento and Monte Brisas housing developments along with the paved road that provides access to the residential area known as Lindo Monte in the Cascajo sector, and El Conquistador Avenue. To the East lies State Road 987 and the recreational facilities and paved area for recreational vehicles of the Seven Seas Public Beach. The NEC does not include any already built or established permanent structures, except those structures associated with the incumbent Governor s beach or summer house located at the El Convento parcel. For purposes of facilitating the identification of the limits of the NEC and the lands that comprise it, the parcels or properties that are part of this area in whole or in part and without excluding others, are stated below according to the cadastre number assigned to them by the Municipal Revenue Collections Center (CRIM, Spanish acronym): AV

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15 Section 6.- Designation and Boundaries of the Northeast Ecological Corridor Nature Reserve All public and patrimonial lands located in the NEC that belong to the agencies, public corporations, or any department of the government, including the maritime-terrestrial zone, submerged lands, lands beneath navigable waters, and the waters thereof within the maritime limit of the coastal zone north of the NEC are hereby designated as a nature reserve. For purposes of facilitating the identification of the designated territories in dry land, the following parcels or properties, without excluding others, are part of the area of the NEC designated as a nature reserve, according to the cadastre number assigned by the Municipal Revenue Collections Center (CRIM, Spanish acronym): AV

16 16 The Planning Board is hereby directed to amend any regulations, plans, and land use maps in order to recognize said designation, as well as to temper them with the designation and the public policy established for the NEC in this Act. The designation of the public lands in the NEC as a nature reserve shall have the same effect as if they were designated under the provisions of Act No. 150 of August 4, 1988, known as the Puerto Rico Natural Patrimony Act, and the Puerto Rico Coastal Zone Management Program. It shall have the same legal consequences, as well as the same restrictions and statutory and regulatory limitations that apply to nature reserves created or established pursuant to said statute and program without the need to carry out any other formality or action of an executive or administrative nature by any agency, department, or instrumentality of the Government of Puerto Rico. Section 7.- Alienation and Transfer Prohibition The transfer or alienation of any public or patrimonial lands located in the NEC that have been designated as a nature reserve for purposes other than those indicated herein is hereby prohibited. Section 8.- Uses Any proposed activity or use of land in the NEC shall be subject and give priority to the preservation, restoration, and conservation of its natural resources pursuant to the public policy established in this Act. Section 9.- Transfer of Development Rights The lands within the NEC that belong to the Industrial Development Company whose transfer of development rights is authorized at the time of the approval of this Act, shall retain said authority. Provided, that the properties receiving said rights are located outside of the NEC.

17 17 Section 10.- Inconsistent Provisions Rendered Ineffective If the provisions of this Act are inconsistent with the provisions of any other Act, the provisions of this Act shall prevail unless the provisions of said other Act specifically amend or repeal some or all of the provisions of this Act. The provisions of this Act shall prevail over the provisions of any other Act addressing the same subject as this Act. Section 11.- Severability Clause The provisions of this Act are severable, and if any word or phrase, sentence, subsection, section, or part thereof were, for any reason, challenged before a Court and held to be unconstitutional or null, said holding shall not affect the remaining provisions of this Act. Section 12.- Repealing Clause Any law or part of a law that is inconsistent with the provisions of this Act is hereby repealed. Section 13.- Effectiveness This Act shall take effect immediately after its approval.

18 18 CERTIFICATION I hereby certify to the Secretary of State that the following Act No (S. B. 2282) (Reconsidered) of the 7 th Regular Session of the 16 th Legislative Assembly of Puerto Rico: AN ACT to create the Great Northeast Ecological Corridor Nature Reserve Act in order to declare and designate as a nature reserve any public or patrimonial lands belonging to any agency, public corporation, or instrumentality of the Government of Puerto Rico located within the area designated as the Northeast Ecological Corridor, which comprises the coastal zones of the municipalities of Luquillo and Fajardo; establish as public policy the preservation, restoration, and conservation of said area; and for other related purposes. has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on this 21 st day of April, Juan Luis Martínez Martínez Director