(No. 144) (Approved December 14, 1997) AN ACT

Transcription

1 (H.B. 1148) (No. 144) (Approved December 14, 1997) AN ACT To amend Sections 4, 7, 9, 10, 11 and 14 of Act No. 61 of August 23, 1990, for the purpose of redesignating the Department of Natural Resources as the Department of Natural and Environmental Resources; and the Secretary of Natural Resources as the Secretary of Natural and Environmental Resources, pursuant to Reorganization Plan No. 1, approved on December 9, STATEMENT OF MOTIVES On December 9, 1993, the Legislature of Puerto Rico approved Reorganization Plan No. 1, through which, among other things the Department of Natural Resources was redesignated as the Department of Natural and Environmental Resources. As a result thereof, the title of Secretary of said agency was redesignated as Secretary of Natural and Environmental Resources. Said Reorganization Plan responded to the need that all entities and programs related to the use, development, protection and conservation of natural, environmental and energy resources of the Island be developed in a well-coordinated and efficient manner within the same administrative structure. See Article I. Reorganization Plan No. 1 of In view of the above, it is necessary for the Legislature to amend those laws which still refer to this government agency as provided before it was

2 redesignated by Reorganization Plan No. 1, so that the same may be adjusted to the current body of laws. Thus, through this measure we will proceed to amend Act No. 61 of August 23, BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: Section 1.- Section 4 of Act No. 61 of August 23, 1990, is hereby amended to read as follows: Section 4.- Creation of the Fishing and Aquaculture Industry Council.- The Fishing and Aquaculture Industry Council is hereby created, which shall be composed of ten (10) members, six (6) of which shall be public officials: the Secretary of Agriculture, The Secretary of Natural and Environmental Resources, the President of the Economic Development Bank for Puerto Rico, the Executive Director of the Ports Authority, the Deputy Administrator of Economic Development in charge of Puerto Rican Industries, and the Executive Director of TROPICO. The remaining four (4) members shall be: the President of the Agricultural Association, one (1) representative of the aquaculture sector, one (1 of the mariculture sector and one (1) from the fishing sector. The remaining three (3) shall be members of duly constituted organizations which represent the sectors provided herein. Said members shall be recommended to the Governor of Puerto Rico by the public officials that compose the Council, and shall be appointed by the Governor for a term of two (2) years, and shall continue in office until their successors are appointed and take office. The Governor of Puerto Rico shall designate the President of the Council, or two (2) Co-presidents from the members who are public officials. The Council shall adopt the rules and regulations that are needed for its internal operations, as well as for the faithful compliance of the provisions of this Act. The decisions of the Council shall be adopted by the majority of the members

3 present with the required quorum of six (6) members. At least three (3) of the members who are public officials must be present for said quorum. The Council created hereby shall be effective until its commission is concluded. Those government agencies that are part of this Council are hereby authorized to contribute their physical, financial and personnel resources, to the extent of their capabilities, in order to defray and enable the operations of said body. Should it be necessary to contract other resources, such costs may be shared by the public agencies that compose the Council. Section 2.- Section 7 of Act No. 61 of August 23, 1990 is hereby amended to read as follows: Section 7.- Functions and Duties of the Program.- The Program shall have those functions and duties geared to promote and develop the fishing industry, including, but without being limited to: (1) Executing or sponsoring programs for the research and development of the island s fishing resources, which shall include but shall not be limited to the biological, chemical, technological, hydrologic, processing, marketing, financial, economic and promotional research. The Program may carry out such activities or projects in cooperation with other Commonwealth agencies, federal, regional, or local government entities, private institutions or individuals. (2) Establishing educational programs regarding the use, conservation, development and improvement of fishing resources. (3) Developing strategic plans and alternatives for the overall development of fishing, including the training of fishermen. (4) Promoting the consumption of local fish products.

4 (5) Promoting and encouraging formal and informal training activities for fishermen, employees, workers or professionals related to the fishing industry and Program, including the production, marketing and processing aspects of the products, among others. (6) Carry out the necessary coordination with the Department of Natural and Environmental Resources and with the public and private agencies or entities of the Commonwealth or Federal governments, related to the fishing industry and areas related thereto. (7) Execute the leases, usufructs or transfers of facilities to fishermen whenever it is deemed necessary and convenient for the promotion and development of fishing. Section 3.- Section 9 of Act No. 61 of August 23, 1990 is hereby amended to read as follows: Section 9.- Transfers to the Department of Natural and Environmental Resources.- The following functions, properties and programs are hereby transferred to the Department of Natural and Environmental Resources: (1) Lands of the Conservation Trust of Puerto Rico that had been transferred to CODREMAR. The Secretary of the Department of Natural and Environmental Resources shall sign the necessary contracts with the Conservation Trust for the management, leasing or administration of these properties, as well as those that are needed to secure the pending unpaid debt of said lands. It is hereby directed to transfer to the Department of Natural and Environmental Resources and to consign in the budgets for the and fiscal years, the sum of $2,304, per

5 fiscal year, for the payment of this debt. Said appropriation was provided in Joint Resolution No. 17 of May 25, None of what has been provided herein shall alter the original agreements executed, except that the functions performed by CODREMAR shall be performed by the Department of Natural and Environmental Resources. (2) The ten (10) cuerda farm known as Belvedere farm in Barrio Miradero of Cabo Rojo, which had been transferred to CODREMAR by the Land Administration. (3) The Fishing Research laboratory, its chattels, real estate, files, licenses, permits, funds, remainders of funds, assets, liabilities and contracts (except work contracts). Section 4.- Section 10 of Act No. 61 of August 23, 1990 is hereby amended to read as follows: Section 10.- Fishing Research Laboratory Council.- The Fishing Research Laboratory Council is hereby created. The Council shall be composed by the Secretary of the Department of Natural and Environmental Resources, the Secretary of the Department of Agriculture, the Director of the Fishing Promotion, Development and Administration Program, the Director of the Fishing Research Laboratory and a representative of the fishermen, who shall be appointed by the Governor of Puerto Rico in consultation with the public officials that compose the Council created by this Section. Said appointment shall be for a term of two (2) years and he/she shall hold office until his/her successor is appointed and takes office. The officials who are members of the Council shall perform their functions while they hold their respective offices. The Council shall be responsible for establishing and ensuring that the public policy on the fishing research and statistics programs carried out by the

6 Laboratory is complied with. The Department of Natural and Environmental Resources shall be in charge of the administration of the Laboratory. The Council s agreements shall be adopted by the majority of its members. The Council shall meet at least four (4) times a year in regular meetings and shall hold as many special meetings as the Council deems necessary. The Council shall adopt those rules and regulations it deems necessary for its internal operation, as well as for the due compliance of the provisions of this Act. Section 5.- Section 11 of Act No. 61 of August 23, 1990 is hereby amended to read as follows: Section 11.- Transfer of Personnel.- All personnel of CODREMAR entitled to retention in accordance with Act No. 5 of October 14, 1975, as amended, 3 L.P.R.A 1301 et seq., and applicable personnel regulations, is hereby transferred to the Department of Agriculture or the Department of Natural and Environmental Resources, pursuant to the assignment of functions transferred hereby to each agency. The personnel transferred hereby shall keep the rights and benefits they had at the time of their transfer, as well as the rights and obligations with regard to any pension, retirement or savings and loan fund system. Provided, however, that the classification and remuneration of the positions shall be established in accordance with the classification and remuneration plans that apply the Departments of Agriculture, and Natural and Environmental Resources, respectively. Employees thus transferred shall meet the minimum classification requirements of the positions to which their functions are assigned. The administrative support personnel entitled to retention shall be transferred in proportion to the operations transferred. The Central Personnel Administration Office shall take the necessary measures so that the

7 remuneration of employees is affected in the least possible way as a result of the transfer. Section 6.- Section 14 of Act No. 61 of August 23, 1990 is hereby amended to read as follows: Section 14.- Repealing Clause.- As of August 30, 1990, Act No. 82 of July 7, 1979, which created the Corporation for the Development and Administration of the Marine, Lacustrine and Fluvial Resources of Puerto Rico (CODREMAR, Spanish acronym), is hereby repealed. The Secretaries of the Departments of Agriculture, and Natural and Environmental Resources shall be responsible for the transfer process corresponding to this Act. Section 7.- This Act shall take effect immediately after its approval.

8 July 8, 1999 Luis G. Hidalgo, Director of the Office of Legislative Services of the Legislature of Puerto Rico, hereby certifies to the Secretary of State that he has duly compared the English and Spanish texts of Act No. 144 (H.B. 1148) of the 2nd Session of the 13th Legislature of Puerto Rico, entitled: AN ACT to amend Sections 4, 7, 9, 10, 11 and 14 of Act No. 61 of August 23, 1990, for the purpose of redesignating the Department of Natural Resources as the Department of Natural and Environmental Resources; and the Secretary of Natural Resources as the Secretary of Natural and Environmental Resources, pursuant to Reorganization Plan No. 1, approved on December 9, 1993, and finds the same are complete, true and correct versions of each other. Luis G. Hidalgo