(No. 17)

(Approved January 8, 2004)

An Act

To establish the “Tres Palmas de Rincón Marine Reserve Act,” to designate the littoral coastline located in the Municipality of Rincón with saidname; to delimit the total area of the reserve for the conservation of its biodiversity and adequate management thereof; to direct the Department of Natural and Environmental Resources to design and to structure a management plan for the Reserve; to provide for the application of laws and regulations related to the administration and uses of this Reserve; to authorize the Department of Natural and Environmental Resources to enter into covenants for joint management with those government entities and non-profit organizations for the joint management of the reserve; on annual reports to the Legislature; to appropriate one hundred thousand (100,000) dollars for the implementation of the provisions of this Act; and for other related purposes.

Statement Of Motives

The protection and conservation of the environment and natural resources is a task that progressively acquires greater importance in view of the growing pressures suffered by nature in Puerto Rico, due to unchecked development, as well as geographic, demographic, economic and social conditions. The demands of the economic power, the improvement and expansion of infrastructure, the construction of new housing, the tensions of urban planning and the need to create jobs, are some of the factors that influence the reality of Puerto Rico today.

One of the ways that the adverse effect of these pressures can be alleviated is through the establishing of natural reserves in ecologically sensitive areas, to ensure the enjoyment of such resources that present and future generations may have. The Constitutional mandate establishes in Article 6, Section 19 that “The most effective conservation of its natural resources, as well as the greatest development and use thereof for the general benefit of the community …” shall be the policy of the Commonwealth. Said constitutional mandate adjudicates to the Department of Natural and Environmental Resources the main duty of implementing the public policy related to conservation, environmentally-sustainable development and the harmonious use of natural resources.

At present, one of the places emerging as an ecologically sensitive area, that deserves this type of protection is the coastal zone of Rincón. This region, to the Northeast of Puerto Rico, has one of the most valuable coral reefs of Puerto Rico and the Caribbean. It is characterized by the extensive development of moose-horn coral (Acropora palmata). It is also a nesting area of sea turtles, such as the “Tinglar,” (Dermochelys coriacea), the Conch Turtle (Eretmochelys imbricata), and a place where the hump-back whales (Megaptera novaeangliae) and the Wing Whale (Balaenoptera physalus) breed and feed their offspring; and also includes sandy beaches, pristine valleys and one of the best places in the world to practice surfing, where the highest and most perfect waves in the Caribbean rise and crest.

The proposed Marine Reserve shall encompass one-half nautical mile of maritime territorial water, from the interior limit of the terrestrial maritime zone to the drop of the insular platform (edge), which in the case of Rincón, said drop is relatively narrow. As a matter of fact, it is one of the Island’s narrowest platforms. Furthermore, this Reserve would enclose a contour of sixty feet in depth. On the other hand, the land of the marine reserve limit shall be the terrestrial maritime demarcation, as measured and approved by the Department of Natural and Environmental Resources.

Coral reefs are one of the oldest and most sensitive ecosystems of our planet. The reefs of “Steps” and “Tres Palmas” in Rincón, are outstanding for being two of the best developed coral reefs in the West coast of Puerto Rico. In shallow waters, the reef is dominated by the moosehorn coral (Acropora palmata). This coral has been affected in Puerto Rico and in the Caribbean by a series of factors that includes over-fishing, increase in sedimentation, hurricanes and whiteband disease (WBD) and patch necrosis among others (Bruckner, 2002). One of the most devastating factors for moose-horn coral and for many other rock corals in the Caribbean is sedimentation. In experiments performed in the Puerto Rican coral reefs by Caroline Rogers (1983), the moose-horn coral proved to be one of the least tolerant species to the presence of sediments. The existence of limited coastal development in the Tres Palmas Sector in Rincón, has undoubtedly been favorable for the settling and preservation of moose-horn coral and other species of coral in the Tres Palmas Reef. Any coastal development in the proximity of this reef would represent a grave threat to its ecological health.

A resulting aspect of over-fishing in Puerto Rico and the Caribbean that has been detrimental to moose-horn corals is the diminishing populations of spiny lobster (Panulirus argus) in the coastal sectors where this coral is located. This lobster is a natural predator of the coral-eating snail, that specializes in consuming the polyps of the moose-horn coral, which are the dead sections of corals rapidly overtaken by algae. Lobsters need to be a considerable size (adult) to be able to drill through the snail, but once they reach this critical size, they are extremely effective and have served as protectors of coral reefs throughout their existence. Therefore, we must go beyond preventing coastal development and other harmful human activities of this region and establish a marine reserve that will include a no-fishing regulation in the Tres Palmas reef.

The protected natural marine areas have shown to be the most effective management tool to reverse the effects of over-fishing and the collection of species for commercial purposes, with positive short-and long-term implications for the welfare and the integrity of the reef. One of the effects common to practically all marine reserves is the great increase in numbers and consequently in the size of commercially marketable fish. The recovery of large fish in the reef, brings about a series of benefits that go beyond the protected reef. Ironically, one of the effects is that fishing increases in the reserve neighboring sectors. With the saturation of large fish and lobsters, the reef begins to export these to neighboring reefs, where they can be fished, thus benefiting fishing at the regional level. Due to the fact that the reproductive capacity the of fish (and other invertebrates) increases exponentially with their size, the increase in numbers and size of the fish in the marine reserve triggers an increase in the production of eggs and larvae for the entire region where marine currents disperse them. This guarantee’s providing new recruits for neighboring reefs, and it represents an important re-supply mechanism for populations in the short and long term.

Within human activities that are presently carried out in this area, “surfing” is a sport that does not affect the health of the reef; therefore, its practice is perfectly compatible within the context of its management as a marine reserve.

With this initiative, the Legislature of the Commonwealth of Puerto Rico once again reaffirms its commitment to protecting those areas of great ecological value, in order to preserve and to conserve them in their natural state, not only for the enjoyment of our generation, but for future generations as well. In this way, we are contributing to improve the quality of life, a sustainable economic development, the broadening of recreational and sports activities, and to increase tourism in the Municipality of Rincón and the rest of the Western area of the Country.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- Title

This Act shall be known as “Tres Palmas de Rincón Marine Reserve Act.”

Section 2.- Definitions

The following phrases and terms shall have the meaning indicated below, except when another meaning arises from its text:

(a) Legislature - Means the House of Representatives and the Senate of the Commonwealth of Puerto Rico, whether acting jointly or separately.

(b) Secretary - Means the Secretary of the Department of Natural and Environmental Resources.

(c) Department - Means the Department of Natural and Environmental Resources.

(d) Marine Reserve - Means the total area of the Tres Palmas de Rincón Marine Reserve, as delimited and declared in this Act, which defines those areas protected from the impact of human activities, which allow the recovery of the area, the maintenance of biodiversity, the reduction of conflicts about its use by separating compatible activities and are reference areas for the study of the natural development process.

(e) Territorial waters - Means the navigable waters under the control or domain of the Commonwealth of Puerto Rico.

Section 3.- Designation of the Reserve

The Legislature of the Commonwealth of Puerto Rico, being aware of the constitutional mandate on the conservation of natural resources, recognized the ecological importance and sensitivity of the coastal zone of the Municipality of Rincón, therefore, it designates said area, described in Section 4 of this Act, as “The Tres Palmas de Rincón Marine Reserve,” hereinafter known as the Reserve.

Section 4.- Location and Delimitation of the Reserve Area

The Reserve declared by this Act, is located immediately to the West of the Island of Puerto Rico, from the coast of the Municipality of Rincón. It has an irregular shape, and is delimited by the following coordinates, with coordinate 1) being the closest to the South.

Latitude (North)

Longitude (West)

1) South-East

2) South-West

3) North-West

4) North-East

The “Decimal Degrees, NAD 83” coordinate system is used to measure latitudes and longitudes.

- Powers and duties of the Department of Natural and Environmental Resources with regard to the Reserve

The Secretary of the Department of Natural and Environmental Resources is directed to develop, within the term of one hundred and twenty (120) days, in collaboration with those government entities and non-profit corporations, a Management Plan and compatible regulations for the administration, rehabilitation and conservation of the area described in Section 2 of this Act, pursuant to the provisions of Act No. 23 of June 20, 1972, as amended, known as the “Department of Natural Resources Organic known as the “Natural 1999, as amended, known as the “Act for the Protection, Conservation and Management of Coral Reefs in Puerto Rico;” and the “Program for the Management of the Coastal Zone of September 1978,” established by virtue of the “Federal Coastal Zone Management Act.” It is further provided that within the Management Plan for the Reserve, the Department shall establish such uses or human activities that are non-damaging and compatible with the conservation of the Marine Reserve, as well as the viability of recreational activities, such as fishing, surfing, bicycle, and pedestrian lanes along the coastline adjacent to the reserve, ecologies, villas, hotels, or ecohotels, among others, and any other project that qualifies as ecotourism.

The establishing of this marine reserve and its management plan must not interfere nor conflict with the Land Use Plans previously established, nor with the Territorial Ordinance, nor the classifications, qualifications, or zones in effect when this Act is approved, provided they do not infringe upon the integrity thereof.

Section 6.- Coordination and Joint Management Agreements

Pursuant to the provisions of Acts No. 23, of June 20, 1972, as August 4, 1988, as amended, known as the “Natural Patrimony Program Act,” the Secretary of the Department of Natural and Environmental Resources is hereby empowered to enter into management agreements with those government entities and/or “bona-fide” non-profit organizations committed to the conservation and development of the Marine Reserve, with the purpose of establishing the joint management and custody thereof.

Section 7.- Annual Reports to the Legislature

The Department of Natural and Environmental Resources shall render an Annual Report to the Legislature, whereby it shall explain its efforts in compliance of the provisions of this Act, as well as the use of the funds appropriated by this Act.

Section 8.- Legislative Appropriation

The Department of Natural and Environmental Resources is hereby authorized to use one hundred thousand (100,000) dollars, from existing funds in the Special Fund, as provided by Act amended, known as the “Natural Patrimony Program Act,” to defray the initial costs of implementing this Act.

Section 9.- Severability Clause

If any Section, clause, paragraph, or part of this Act were found unconstitutional by a court with jurisdiction, the judgment so issued shall not affect, prejudice, nor invalidate the rest of this Act. The effect of said judgment shall be limited to the Section, clause, paragraph, or part thereof that was thus declared unconstitutional.

Section 10.- Effectiveness

This Act shall take effect immediately after its approval.

Intermediate level Processes and skills

Biological Sciences

1. Formulates questions and defines problems.

2. Develops and uses models.

3. Plans and carries out experiments and investigations.

4. Analyzes and interprets facts.

5. Uses mathematical and computational thinking.

6. Proposes explanations and designs solutions.

7. Presents arguments moving on from trustworthy evidence.

8. Obtains, evaluates, and communicates information.

9. Groups a subject, facts, processes, or phenomena under the same category (classification).

Earth and Space Sciences

1. Formulates questions and defines problems.

2. Develops and uses models.

3. Plans and carries out experiments and investigations.

4. Analyzes and interprets data.

5. Proposes explanations and designs solutions.

6. Exposes arguments based on reliable evidence.

7. Obtains, evaluates, and communicates information.

Biological Sciences

1. Scientific knowledge is based on empirical evidence.

2. Science answers questions about the world around us.

3. Scientific knowledge follows a natural and consistent order.

4. Science is an intrinsic activity of the human being.

5. Science, engineering and technology influence human beings, society,and the natural world.

6. Science, engineering and technology are interdependent.

Earth and Space Sciences

1. Scientific knowledge is based on empirical evidence.

2. Science answers questions about the world around us.

3. Scientific knowledge follows a natural and consistent order.

4. Scientific models, laws, mechanisms, and theories explain natural phenomena.

5. Science, engineering and technology influence human beings, society,and the natural world.

6. Science, engineering and technology are interdependent.