P.R. Laws tit. 12, § 1404
In order to propitiate the adequate regulations on the various aspects of maritime and aquatic safety, the following shall be established:
(1) It shall be prohibited for boats, seafaring vehicles or land motor vehicles to operate, travel, cruise, anchor or otherwise operate on the areas reserved for bathers.
(2) The Department shall establish by regulations the use, management, or operation of boats and ships in areas duly identified and demarked by buoys or other mechanisms, or notices installed or operated by the Department for the protection of habitats or breeding places of threatened, vulnerable or endangered species, as well as those areas of high natural and ecological value.
(3) The Secretary may regulate or prohibit the use of boats or vessels as well as swimming and the practice of any aquatic activity in lakes or lagoons. This provision shall take effect within a period of six (6) months, during which the Secretary shall approve regulations establishing the activities that are authorized and the ones that are prohibited. The use of vessels of more than thirty (30) horsepower is prohibited in lakes and lagoons, except in cases mentioned in the exceptions included in this section. The assessment made by the Secretary to authorize these exceptions shall substitute compliance of Section 4c of the “Environmental Public Policy Act”.
(4) The reserved and protected areas shall be delimited and marked as follows:
(a) The Puerto Rico Planning Board, in consultation with the Department, the Sports and Recreation Department, the Puerto Rico Tourist Company, and the Puerto Rico Ports Authority, is hereby empowered to adopt zoning regulations designating the areas reserved for bathers, as well as the high-risk natural or environmental resources protection areas, leaving those areas that are not reserved for the free use of boats and ships.
(b) The Commissioner is directed to mark the limits of the areas referred to in this section with buoys or any other floating markers. The Department is authorized to maintain signs in the English and Spanish languages, and the international symbols that describe the delimitation of said areas, in the areas reserved for bathers, as well as in the natural and environmental resources protection areas. The Department may authorize recreational activities such as camping, as well as those destined for the practice of beach sports such as paddleball, or beach tennis, volleyball and others, and establish the areas for these purposes.
(5) A system of signs shall be established in the reserved or protected areas as follows:
The Department is hereby empowered to establish in the areas reserved for bathers under his jurisdiction, a system of visual, or sound signals, or a combination thereof, by which persons who are in areas reserved for bathers are warned of the general hazardous conditions existing in said areas. The Department is also empowered to establish a warning system to advise of dangerous situations that exist in the aquatic or marine areas in which natural and environmental resources are protected.
(6) The Department is hereby empowered to create a Lifesaving Corps, pursuant to the provisions of §§ 255–255g of this title.
(7) The use of water scooters will be allowed in every maritime area not reserved for bathers, or the protection of natural resources, or that is prohibited under the provisions of other laws. But the Secretary may, through regulations, limit or prohibit said practice to ensure the safety, environmental protection and the practice of fishing. This provision does not exempt a person from civil or criminal liability who, while operating said ship in permitted areas, does so negligently or damages property or other persons or any endangered species, or violates any provisions of this chapter.
(8) The prudent and reasonable navigation by every operator of a boat and ship shall be propitiated, as follows:
(a) The Department shall establish, through regulations, the restrictions for use and/or maneuvers that could cause physical harm to a person or damage private property, including, but not limited to the following:
(i) The safety measures that boats or ships should observe and have, such as lighting, lifesaving, ventilation, fire extinguishers and any other equipment or accessory that is deemed necessary for the safety and protection of the persons and said boats or ships on the bodies of water.
(ii) The norms and requirements to drive boats and ships on the territorial waters of the Commonwealth. Provided, That in the marinas and anchoring areas, the speed limit shall be five miles per hour (5 MPH) in order to avoid making waves.
(iii) Safety measures that the persons who are in areas reserved for bathers, or natural or environmental resources protected areas should comply with, that are tempered to statutes already in force, such as the Penal Code and/or special laws.
(b) Said regulations shall be adopted pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(A) They are close to, or enter the area reserved for bathers, lagoon or lake areas, or natural or environmental resources protection areas, to provide assistance or seek safe haven in an emergency situation; or
(B) are operated by a police officer or Government official in the exercise of his official duties.
(C) When the following activities are being carried out:
(i) Cleaning of beaches and bodies of water by the corresponding government agencies or any public or private entity.
(ii) Works to protect lives and property, as well as the rescue or saving of shipwrecked persons, bathers, boats, as well as those related to any other emergency situation.
(iii) Construction works, improvements, or rehabilitation of the sea-land zone or the bodies of water that are duly authorized by the corresponding government agencies.
(iv) Holding of activities that have been duly authorized by the corresponding government authorities and that it is necessary to have one or more boats or ships present in order to hold them.
(v) When police officers require the use of a boat or ship to perform vigilance, or when any public official or employee has to use a boat or ship in the performance of his duties for investigations or in the management of natural resources.
(vi) When studies or investigations are authorized, that require entry to protected areas or the use of larger boats than what is allowed, or any other exemption of the provisions of this chapter for which an authorization of the Secretary of the Department, as well as any other Commonwealth or federal agency must be obtained. The authorization issued by the Secretary shall contain the following conditions and requirements: period of duration, days and hours allowed, safety and handling provisions that shall be obeyed, areas to be used by the boat or ship, list of the exempted provisions of the law, or any other matter that is deemed necessary or convenient by the Secretary.
(vii) When a land motor vehicle is launching a boat, or hauling it from a body of water.
(viii) When it is necessary to carry out activities for the public interest, such as the transportation of residents or tourists from one dock to another so that they can reach their residences, hotels, gastronomic country restaurants, restaurants and cafeterias or similar businesses located near lakes or lagoons, and for which the use of boats of more than thirty (30) horsepower is justified and required, the Secretary shall authorize the use of these boats with greater horsepower than normally allowed and the applicant shall be bound to comply with the established maritime regulations. The authorization issued by the Secretary shall contain the following conditions or requirements: term of the authorization; days and hours of operation allowed; navigation and safety measures that shall be observed; and an indication that the applicant must maintain safe conditions for the unloading of passengers; areas and routes to be used; type of boat to be allowed; maximum horsepower to be allowed per applicant and any other condition that the Secretary deems necessary and convenient.
(9) The following shall be deemed to be prohibited activities: careless or negligent operation, or in an intoxicated state, by a person who has not complied with the safety requirements; by a person who has not complied with the licensing requirements to operate boats or ships. The following limitations are hereby established, which shall be punished by administrative fines of fifty dollars ($50) issued through tickets, unless a larger fine is specifically provided:
(a) No person shall operate a boat or use a ship in a careless or negligent manner that could endanger the life, safety and property of other persons. An infraction of this rule shall bring about the imposition of an administrative fine of two hundred and fifty dollars ($250).
(b) No person under twelve (12) years of age shall operate a motor boat of more than ten (10) horsepower without being accompanied by an adult; Provided, That in the case of a person who is under ten (10) years of age, the horsepower shall not exceed ten (10) horsepower, and no person under fourteen (14) years of age shall operate an outboard motor boat without being accompanied by an adult.
(c) No person shall launch or operate a boat or ship on a body of water without complying with applicable federal and Commonwealth legislation on the safety equipment that said boat or ship should have, including the master switch, in those boats or vessels that require it.
(d) As of January 1, 2001, no person born after July 1, 1972, and who is a resident of Puerto Rico, shall operate a boat subject to numbering and registration, without being authorized by means of a license given upon approving a course, and the corresponding written examination on the use and handling of boats and navigation skills, implemented or duly certified by the Department, the Coast Guard or by the National Association of State Boating Laws Administrators (NASBLA), or any other accredited by the Secretary.
(e) No owner of a boat or sailing ship shall allow the operation thereof that exceeds the capacity of passengers or the weight recommended by the manufacturer. In the case of home-built boats or sailing ships, the analogous guidelines established by the manufacturers of comparable equipment shall be used. Infractions of this provision shall bring about the imposition of an administrative fine of two hundred and fifty dollars ($250).
(f) No person shall operate a boat to tow a person or persons on water skis, surfboards or similar apparatus, unless there is another person besides the operator on board, in a position to observe the track of the person or persons who are being towed. This prohibition shall not apply when it is necessary to rescue or give needed help to a person who in endangered.
(g) No person shall engage in water skiing unless he/she wears a life vest.
(h) No person shall swim beyond the limits set aside for bathers with buoys or any other floating devices. If he/she does so, the police officers shall admonish him/her and suggest that he/she returns to the area set aside for bathers. If an accident occurs beyond the area reserved for bathers, the comparative responsibility rule shall apply.
(i) No person shall remove, alter or modify any part or device of the motor of a motorboat, or its propulsion unit or capsule for it to exceed the maximum sound emission levels established by the manufacturer of the unit, except in competitions authorized by the Secretary or the United States Coast Guard.
(j) No person shall moor or secure a boat or ship to any buoy or sea marker installed by the Department or authorized thereby, which serves to limit or mark an area or to establish a speed limit.
(k) No person shall moor or secure a boat or ship to a buoy or seamark placed by a fisherman to identify the location of a net.
(l) When as a result of tying or securing a boat or a ship to a species of plant that composes a mangrove swamp within a protected area, except in those cases that it is damaged when aid must be given as a result of a sudden emergency or after a hurricane warning, or when it is anchored outside of the areas designated for anchoring by the Secretary, next to mangrove swamps, coral beds, and marine grass meadows found in natural resources protection areas. An administrative fine of two hundred and fifty dollars ($250) shall be imposed through a ticket issued by the police officer. Nothing that is provided in this subsection shall prevent any civil, criminal or administrative action to be taken if mangroves, corals or marine grass meadows have been damaged or destroyed.
(m) No person shall operate a motorboat if the operator, as well as the passengers, are not wearing a life preserver or a personal lifesaving device. An infraction of this provision shall bring about the imposition of an administrative fine of fifty dollars ($50) for each infraction, to be imposed through a ticket.
(n) No owner or operator shall allow any person less than twelve (12) years of age to be on a boat that is in motion, without wearing a life preserver or personal lifesaving device. An infraction of this provision shall bring about an administrative fine of one hundred dollars ($100) for non-commercial ships, and of two hundred and fifty dollars ($250) for commercial ships, which shall be imposed for each infraction up to a maximum of one thousand dollars ($1,000) for each event, through a ticket issued by the police officers.
This requirement is not mandatory in any of the following circumstances:
(A) When the minor is in the inside cabin or command cabin of the boat.
(B) When the boat is operated by the Ports Authority or by a person or entity authorized by the Public Service Commission to transport passengers. In these cases it shall be necessary to have life preservers or personal life saving devices available at all times in sufficient number so that there will be a life preserver or personal life saving device for each passenger.
(C) Those activities or sports events organized by bona fide groups determined by the Secretary through a dispensation or regulations.
(o) No person under 18 years of age with any blood-alcohol level may operate a vessel or seafaring vehicle.
(10) The following shall be identified as actions by police officers, and penalties for violations:
(a) A police officer may intervene and arrest, and board any boat or ship, in those cases that there is a boarding protocol, as well as placing its operator under arrest when there are grounds to believe that it is being used in violation of the provisions of this chapter or its regulations; when there are grounds to believe that a crime is being committed under any Commonwealth law, or when there are grounds to consider that its operator is handling it under the effects of alcoholic beverages or controlled substances, as defined in Act No. 143 of June 30, 1969, as amended, known as the “Puerto Rico Alcoholic Beverages Act”, and by §§ 2101 et seq. of Title 24, known as the “Puerto Rico Controlled Substances Act”.
(b) Any police officer shall require any operator of a boat or ship to submit to a chemical analysis of his/her blood, breath, or any other bodily fluid, for the purposes stated in this section, after having stopped and arrested him/her on grounds to believe that said person was operating, or had a boat or ship under his/her command while under the effects of alcoholic beverages.
(c) In any criminal procedure for an infraction of this provision, the amount of alcohol in the blood of the operator of the boat, vessel, or ship when the alleged infraction was committed, according to the chemical analysis of his/her blood or breath or any other bodily fluid, except urine, shall be grounds for the following presumptions:
(A) If at the time of the analysis in the operator’s blood there was less than eight (8) hundredths of one (1) percent (.08%) of alcohol per volume [, it shall be conclusively presumed that the operator is not under the effects of alcoholic beverages at the time of committing the alleged infraction].
(B) If at the time of the analysis in the operator’s blood there was eight (8) hundredths of one (1) percent (.08%) or more of alcohol per volume [, it shall be presumed that the operator was under the effects of alcoholic beverages at the time of committing the alleged infraction].
(C) The above provisions shall not be interpreted in the sense that the same limit the filing of any other competent evidence as to whether the operator was or not under the effects of alcoholic beverages at the time the alleged infraction was committed.
(d) The infractions and penalties in §§ 2101 of Title 24, known as the “Controlled Substances Act” shall apply when the provisions of said sections are violated while the person is operating a boat or ship, or travels in it; Provided, That every boat or ship in which any controlled substance is seized following due process of law, shall be subject to confiscation by the Commonwealth of Puerto Rico, following the procedure established in Act No. 93 of July 13, 1988, known as the “Uniform Confiscation Act of 1988”. This provision, however, shall not impede entering a plea of innocent third party.
(e) Likewise, the same procedure shall be followed when pursuant to the “Uniform Confiscation Act of 1988”, and following the due process of law, any weapon or ammunition which is in violation of §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act of 2000”, is seized, and in the event that the boat or ship is used to transport explosives or substances that can be used to manufacture explosives without first having obtained the corresponding permit from the Superintendent of Police, pursuant to §§ 561 et seq. of Title 25, known as the “Puerto Rico Explosives Act”.
(f) Any person who disobeys an order or legal admonition of a police officer while driving or operating a boat or other vessel, to halt said boat or vessel, or any person who impedes the inspection of any boat or ship, shall be guilty of a misdemeanor.
(g) If as a consequence of operating a vessel or navigation vehicle a person causes a bodily injury which does not cause permanent damage, but requires medical attention, specialized professional assistance or ambulatory treatment, he/she shall incur a fourth degree felony.
(h) When a person causes the death of a human being as a consequence of operating a vessel or navigation vehicle, he/she shall be accused pursuant to the provisions of the Penal Code of the Commonwealth of Puerto Rico.
(i) Any person who operates a vessel or other navigation vehicle under the influence of alcoholic beverages or controlled substances in violation to the provisions in this chapter, he/she shall be accused of a misdemeanor.
(j) The operator or owner of the boat or ship in which a weapon is seized for not holding the corresponding permit, shall be punished with the corresponding penalty established in §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act of 2000”. This provision shall not apply to the ships registered by the Coast Guard Service of the United States of America, or that have been registered as foreign flag vessels with regard to the weapons used for the protection of the ship on high seas, that are kept on the ship and are not intended to be introduced to the jurisdiction of the United States of America.
(k) Any natural or juridical person that operates any land motor vehicle without the corresponding permit, exempting from the prohibition those vehicles used for emergencies or by the security agencies, such as the Puerto Rico Police, the Rangers Corps, the Medical Emergency Corps, the Municipal Police, and other similar agencies, on land areas of public beaches and other areas reserved for bathers of Public Beaches (PP, Spanish acronym) as defined in the Puerto Rico Zoning Regulation, with the exception of parking areas, shall incur a misdemeanor and, upon conviction, shall be punished with a fine of five hundred dollars ($500).
(l) Any person who violates any provision in this chapter for which no penalty has been provided, or violates any regulation adopted pursuant to this chapter, shall incur a misdemeanor.
(m) The courts of Puerto Rico shall have concurrent jurisdiction with the Department it initiate any procedure that arises due to a violation of this chapter.
Exempted from the provisions previously established in this section, are those boats or ships found in the following circumstances, when:
History —Dec. 21, 2000, No. 430, § 7; June 27, 2003, No. 153, § 1; Jan. 8, 2004, No. 22, § 1; Sept. 14, 2004, No. 283, § 2; Sept. 22, 2004, No. 419, § 1; Sept. 29, 2004, No. 521, § 1.