Key Benefits:
Official Journal of the Federation on July 3, 2000
Last reform published in the DOF January 26, 2015
| Effective note: The reform to the second paragraph and the addition of one last paragraph to Article 78; the addition of a fraction XXIV to Article 122; and the reform to Article 127 (II), published in the DOF 09-01-2015, shall enter into force on 8 July 2015. |
ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
DECREE
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
GENERAL WILDLIFE LAW
TITLE I
PRELIMINARY RULES
Item 1o. This Law is of public order and of social interest, regulation of the third paragraph of Article 27 and of section XXIX, paragraph G of Article 73 of the Constitution. Its purpose is to establish the concurrence of the Federal Government, the governments of the States and the Municipalities, in the field of their respective competences, regarding the conservation and sustainable use of wildlife and their habitat in the territory of the Mexican Republic and in the areas where the Nation exercises its jurisdiction.
The sustainable use of timber and non-timber forest resources and of species whose total livelihood is water will be regulated by laws afforestation and fishing, respectively, except in the case of species or populations at risk.
Article 2o. The provisions of the General Law of Ecological Balance and the Protection of the Environment and other laws related to the matters governing this order shall apply in all the provisions of this Law.
Article 3o. For the purposes of this Law:
I. Extractive use: The use of specimens, parts or derivatives of wild species, by collecting, capturing or hunting.
II. Non-extractive use: activities directly related to wildlife in their natural habitat that do not involve the removal of specimens, parts or derivatives, and which, if not adequately regulated, may cause significant impacts on biological events, populations or habitat of wild species.
III. Load capacity: Estimating the tolerance of an ecosystem to the use of its components, such that it does not rebase its ability to recover in the short term without the application of restoration or recovery measures to restore the ecological balance.
IV. Capture: The extraction of live wildlife specimens from the habitat they are in.
V. Hunting: The activity that involves giving death to a wildlife specimen through permitted means.
VI. Sports Hunt: The activity that consists in the search, pursuit or stalking, to give death through permitted means to a specimen of wild fauna whose use has been authorized, for the purpose of obtaining a piece or trophy.
VII. Collecta: The extraction of specimens, parts or derivatives of wildlife from the habitat in which they are located.
VIII. Council: The National Advisory Council for the Conservation and Sustainable Use of Wildlife.
IX. Conservation: The protection, care, management and maintenance of ecosystems, habitats, species and populations of wildlife, within or outside their natural environments, so that conditions are safeguarded natural for long-term permanence.
X. Cruelty: Act of brutality, sadistic or zoophilic against any animal, whether by direct action, omission or negligence.
XI. Development of populations: The planned practices of the management of populations of wild species in free life, which are carried out in demarcated areas within their range of natural distribution, specifically aimed at guaranteeing the conservation of their habitats as well as to increase their survival rates, in such a way as to ensure the permanence of the population under management.
XII. Derivatives: The materials generated by the specimens through biological processes, the use of which does not imply the destruction of specimens or parts. For the purposes of the provisions applying to external trade, non-processed derivatives and by-products which have been subject to any processing process shall be considered as products.
XIII. Duplicates: Each of the specimens of a species or parts thereof, product of the same scientific collection.
XIV. Specimens or exotic populations: Those outside their natural range, which includes hybrids and modified ones.
XV. Specimens or feral populations: Those belonging to domestic species that out of man's control, are established in the natural habitat of wildlife.
XVI. Exemplary or native populations: Those belonging to wild species that are within their natural range.
XVII. Specimens or populations that become harmful: Those belonging to wild or domestic species that, due to modifications to their habitat or biology, or to be found outside their natural range, have effects negative for the natural environment, other species or man, and therefore require the application of special management or control measures.
XVIII. invasive exotic species: It is that species or population that is not native, that is outside its natural range, that it is able to survive, reproduce and establish itself in habitat and natural ecosystems and that it threatens the native biological diversity, economy or public health.
XIX. Species and priority conservation populations: Those determined by the Secretariat in accordance with the criteria set out in this Law, to channel and optimize conservation and recovery efforts.
XX. Species and populations at risk: Those identified by the Secretariat as probably extinct in the wild, endangered, threatened or subject to special protection, in accordance with this Law.
XXI. Migratory species and populations: Those that move latitudinal, longitudinal or altitudinal on a periodic basis as part of their biological cycle.
XXII. Population study: The one that is performed in order to know its demographic parameters, such as size and density; the ratio of sexes and ages; and birth rates, mortality and growth over a period of time. determined, as well as the addition of any other relevant information.
XXIII. Habitat: The specific site in a physical environment, occupied by an organism, by a population, by a species or by species communities in a given time.
XXIV. Hunting license: The document by which the competent authority credits that a person is qualified, both for their knowledge of the instruments and means of the scientific activities, and of the regulations in the matter, to conduct sports hunting on the national territory.
XXV. Legitimate holder: The holder of good faith in the terms of the Federal Civil Code.
XXVI. Mistreatment: Any act or omission of the human being, which may cause pain, physical deterioration or suffering, which affects the welfare, endanger the life of the animal, or seriously affects his or her health or physical integrity, as well as the exposure to conditions of over-exploitation of their physical capacity for any purpose.
XXVII. Management: Application of methods and techniques for the conservation and sustainable use of wildlife and their habitat.
XXVIII. Free life management: The one that is made with specimens or populations of species that develop in natural conditions, without imposing restrictions on their movements.
XXIX. Intensive Management: The one performed on specimens or populations of wild species in conditions of captivity or confinement.
XXX. Habitat management: The one performed on vegetation, soil and other elements or physiographic characteristics in defined areas, with specific goals of conservation, maintenance, improvement or restoration.
XXXI. Integral management: The one who considers in a related way biological, social, economic and cultural aspects linked to wildlife and their habitat.
XXXII. Mark: The method of identification, approved by the competent authority, which, in accordance with the Federal Law on Metrology and Standardisation, can demonstrate the legal origin of copies, parts or derivatives.
XXXIII. Sampling: The systematic lifting of data indicators of the general characteristics, magnitude, structure and trends of a population or its habitat, in order to diagnose its current state and to project the scenarios that could face in the future.
XXXIV. Part: The portion, fragment, or component of a copy. For the purposes of the provisions applying to external trade, products shall be considered as non-processed parts and by-products which have been subject to any processing process.
XXXV. Management Plan: The operational technical document of the Management Units for the Conservation of Wildlife subject to approval by the Secretariat, which describes and program activities for the management of particular wild species and their habitats and sets goals and indicators of success based on habitat and populations.
XXXVI. Population: The set of individuals of a wild species that share the same habitat. The basic unit of management of wild species in free life is considered.
XXXVII. Predium: Territorial unit delimited by a polygon that can contain or be part of water bodies.
XXXVIII. Recovery: The restoration of natural processes and genetic, demographic or ecological parameters of a population or species, with reference to their status when initiating recovery activities, as well as their abundance local, structure and dynamics in the past, to return to fulfill its ecological and evolutionary role with the consequent improvement in the quality of the habitat.
XXXIX. Timber forest resources: The trees constituted by trees.
XL. Reintroduction: The planned release to the natural habitat of specimens of the same wild subspecies or, if the existence of subspecies, of the same wild species, which is carried out with the object of restore a missing population.
XLI. Repopulation: The planned release to the natural habitat of specimens of the same wild subspecies or, if the existence of subspecies, of the same wild species had not been determined, in order to strengthen a population decreased.
XLII. Controlled reproduction: The planned management of specimens, populations or habitats of wildlife to ensure the increase in the number of individuals, which is performed under conditions of protection, systematic monitoring or assisted reproduction.
An assisted reproduction shall mean the form of reproduction of specimens of the wild life in containment, consisting of a set of techniques for the induction, acceleration or modification of certain phases of their reproductive processes.
XLIII. Secretariat: The Secretariat of Environment and Natural Resources.
XLIV. Environmental services: The benefits of social interest derived from wildlife and their habitat, such as climate regulation, conservation of hydrological cycles, nitrogen fixation, soil formation, capture carbon, erosion control, plant pollination, biological pest control, or organic waste degradation.
XLV. Rate of use: The quantity of specimens, parts or derivatives that can be extracted within a given area and period, so that the maintenance of the resource and its productive potential in the long term is not affected.
XLVI. Translocation: The planned release to the natural habitat of specimens of the same species, which is done to replace missing populations of a distinct wild subspecies and of which there are no longer specimens in conditions of be released.
XLVII. Dignified and Respectful: The measures that this Law and its Regulations, as well as International Treaties, the environmental norms and the Mexican official norms establish to avoid pain, physical deterioration or suffering, during their possession or property, upbringing, capture, transfer, display, quarantine, marketing, use, training or sacrifice.
XLVIII. Wildlife conservation management units: Prediums and registered facilities operating in accordance with an approved management plan and within which permanent monitoring is given to the habitat and population status or copies that are distributed there.
XLIX. Wildlife: The organisms that subsist subject to the processes of natural evolution and that develop freely in their habitat, including their smaller populations and individuals that are under the control of man, as well as the (fales
.
Article 4. It is the duty of all inhabitants of the country to conserve wildlife; any act involving its destruction, damage or disturbance shall be prohibited, to the detriment of the interests of the Nation.
The owners or legitimate owners of the premises where the wildlife is distributed, will have rights of sustainable use on their specimens, parts and derivatives in the terms prescribed in this Law and other applicable provisions.
Rights over genetic resources will be subject to international treaties and provisions on the subject.
TITLE II
NATIONAL WILDLIFE POLICY AND ITS HABITAT
Article 5o. The objective of national wildlife policy and its habitat is its conservation through the protection and the demand for optimal levels of sustainable use, so that the same can be maintained and promoted. restoration of their diversity and integrity, as well as increasing the well-being of the country's inhabitants.
In the formulation and conduct of national wildlife policy, the established principles will be observed by the competent authorities. Article 15 of the General Law of Ecological Balance and Protection of the Environment. In addition these authorities must provide:
I. The conservation of genetic diversity, as well as the protection, restoration and comprehensive management of natural habitats, as the main factors for the conservation and recovery of wild species.
II. The preventive measures for the maintenance of the conditions conducive to the evolution, viability and continuity of the ecosystems, habitats and populations in their natural environments. In no case will the lack of scientific certainty be argued as justification for delaying the adoption of effective measures for the conservation and comprehensive management of wildlife and their habitat.
III. The application of scientific, technical and traditional knowledge available as a basis for the development of activities related to the conservation and sustainable use of wildlife.
IV. The dissemination of information on the importance of conservation of wildlife and their habitat, and on techniques for their proper management, as well as the promotion of research to know their environmental, cultural and economic as a strategic good for the nation.
V. The participation of the owners and legitimate owners of the pregod where the wildlife is distributed, as well as the people who share their habitat, in the conservation, restoration and the benefits derived from the sustainable use.
VI. The stimuli to guide the processes of harnessing wildlife and their habitat, towards more profitable productive activities with the aim of generating greater resources for the conservation of goods and services environmental and for the generation of jobs.
VII. The processes for the assessment of the information available on the biology of the species and the state of their habitat; for the consideration of the opinions of the involved and the particular characteristics of each case, in the the implementation of measures for the control and eradication of harmful specimens and populations, including feral animals, as well as the use of appropriate means to avoid affecting other specimens, populations, species and their habitat.
VIII. The improvement of the quality of life of wild fauna in captivity, using the biological and ethological techniques and knowledge of each species.
IX. The criteria for the sanctions not only to fulfill a repressive function, but to translate into actions that contribute and stimulate the transit to sustainable development; as well as for the prioritization of the inspection efforts sites where services are provided for the capture, placing on the market, processing, processing and preparation of specimens, parts and derivatives of wildlife, as well as those in which transport, import and transport activities are carried out; export.
Article 6o. The design and implementation of national wildlife policy and its habitat will correspond, in their respective areas of competence, to the Municipalities, to the governments of the States and the Federal District, as well as to the Government. Federal.
TITLE III
OF THE AUTHORITY
Article 7o. The concurrence of the Municipalities, the governments of the States and the Federal District and the Federal Government, in the field of wildlife, is established for:
I. To guarantee the unity of purpose and the congruence in the action of the different orders of government, regarding the execution of the guidelines of national politics in the field of wildlife;
II. Develop the powers of the federation to coordinate the definition, regulation, and supervision of conservation actions and sustainable use of biodiversity that makes up wildlife and their habitat;
III. Recognize state and Federal District governments, powers to execute within their territory actions related to compliance with national wildlife policy guidelines and their habitat;
IV. Specify those attributions that correspond exclusively to the powers of the Federative Entities and the Federation in the field of wildlife, and
V. To establish the coordination mechanisms necessary to establish the appropriate collaboration between the different government orders, in the matters governed by this law, taking care in any case not to affect the continuity and integrality of the ecosystem processes associated with wildlife.
Article 8o. The municipalities, the governments of the States and the Federal District, as well as the Federal Government will exercise their powers in the field of conservation and sustainable use of wildlife, in accordance with the provisions of the The following items.
Article 9o. Corresponds to the Federation:
I. The formulation, management, operation and evaluation, with the participation that corresponds to the federal entities, of the national policy on the conservation and sustainable use of the wildlife and their habitat, as well as the elaboration and implementation of the programmes and projects to be established for this purpose.
II. The regulation of the conservation and sustainable use of wildlife and their habitat.
III. The identification of species and populations at risk and the identification of priority species and populations for conservation.
IV. The attention of issues relating to the conservation and sustainable use of wildlife and their habitat in areas other than the jurisdiction of the Federative Entities.
V. The issue of the Mexican official rules related to the matters provided for in this Law.
VI. The attention of matters relating to the conservation and sustainable use of national wildlife, in cases of acts originating in the territory or areas subject to the sovereignty and jurisdiction of other countries, or in areas that they are beyond the jurisdiction of any country, which could affect national wildlife.
VII. The attention of wildlife matters in cases of acts originating in the national territory or in areas subject to the jurisdiction of the Nation that may affect wildlife in the territory, or in areas subject to the sovereignty and jurisdiction of other countries, or areas beyond the jurisdiction of any country.
VIII. The promotion of the establishment of the necessary conditions for the development of national and international markets for wildlife based on sustainability criteria, as well as the implementation of the policy instruments environmental to stimulate the achievement of conservation and sustainable use of wildlife objectives.
IX. The conduct of the national wildlife information and dissemination policy, as well as the integration, monitoring and updating of the National Wildlife Information Subsystem.
X. The promotion of the development of projects, studies and activities aimed at education, training and research on wildlife, for the development of technical and scientific knowledge and the promotion of the use of traditional knowledge.
XI. The promotion, registration and technical supervision of the establishment of Wildlife Conservation Management Units.
XII. The granting, suspension and revocation of registrations, authorizations, certifications and other administrative acts related to the use and release of specimens of the species and wild populations and the granting, suspension and revocation of licences for the exercise of sport hunting and for the provision of services for use in sport hunting.
XIII. The granting, suspension and revocation of authorizations and other administrative acts related to the conservation, transfer, import, export and transit through the national territory of wildlife.
XIV. The attention of issues related to the management, control and remediation of problems associated with specimens and populations that become harmful.
XV. The attention of the issues related to the management, control and remediation of problems associated with specimens and feral populations found in two or more federative entities or in the island territory and in the other areas where the Nation exercises jurisdiction, in coordination with the federative entities involved when they consider it appropriate.
XVI. The establishment and implementation of health measures related to wildlife.
XVII. The regulation and implementation of measures relating to critical habitat and refuge areas to protect aquatic species.
XVIII. The issuing of recommendations to the state authorities responsible for wildlife, with the aim of promoting compliance with legislation on conservation and sustainable use.
XIX. The attention and promotion of issues related to the dignified and respectful treatment of wildlife.
XX. The promotion of the establishment of conditions for the handling and destination of specimens outside their natural habitat, in accordance with the procedures laid down in this law.
XXI. The inspection and monitoring of compliance with this Law and the rules derived from it, as well as the imposition of the security measures and administrative sanctions established in the Law itself, with the collaboration that corresponds to the federative entities.
The privileges that this Law grants to the Federal Executive will be exercised through the Secretariat, except those that correspond directly to the holder of the Federal Executive.
For the administrative procedures provided for in this Law, the provisions of the Federal Administrative Procedure Law will be in place.
The privileges established in the fractions VIII, XI, XII, XIV, XVI, XIX, XX and XXI shall be transferable to the States and the Federal District, in the terms and through of the procedure laid down in this Law.
Article 10. It is for the States and the Federal District, in accordance with the provisions of this Law and the other applicable provisions, to exercise the following powers:
I. The formulation and conduct of the state policy on the conservation and sustainable use of wildlife, which, in any case, should be consistent with the guidelines of national policy in the field.
II. The issuance of laws for the conservation and sustainable use of wildlife in the areas of their competence.
III. The regulation for the management, control and remediation of the problems associated with feral populations and populations, as well as the application of the provisions in the field, within their territorial scope.
IV. The compilation of information on uses and ways of using specimens, parts and derivatives of wildlife for subsistence by rural communities and the promotion of the organization of the various groups and their integration into the processes of sustainable development in the terms of this Law.
V. Support, technical advice and training for rural communities for the development of conservation activities and sustainable use of wildlife, the development of management plans, the development of population studies and the authorization request.
VI. The conduct of the state policy of information and dissemination in the field of wildlife; the integration, monitoring and updating of the State Information System on Wildlife in compatibility and interrelation with the Subsystem National of Information on Wildlife, within the scope of its territorial jurisdiction.
VII. The creation and administration of the state registry of organizations related to the conservation and sustainable use of wildlife.
VIII. The establishment and administration of the state register of service providers linked to the processing, processing, preparation, exploitation and marketing of specimens, parts and derivatives of wildlife, as well as the monitoring of their activities.
IX. The creation and administration of the state pet roll of wild species and birds of prey.
X. The coordination of social participation in the activities of the State authorities.
XI. The issuance of recommendations to the competent wildlife authorities for the purpose of promoting compliance with conservation and sustainable use legislation.
Article 11. The Federation, through the Secretariat, may sign agreements or coordination agreements with the object that the governments of the Federal District or the States, with the participation, if any, of their Municipalities, assume the following powers, in the field of their territorial jurisdiction:
I. Authorize, register and technically supervise the establishment of Wildlife Conservation Management Units;
II. Address issues related to the management, control and remediation of problems associated with specimens and populations that become harmful;
III. Apply the health measures related to wildlife;
IV. Apply measures relating to critical habitat and shelter areas to protect aquatic species regulated in this Law;
V. Promote and implement measures relating to the dignified and respectful treatment of wildlife;
VI. Promote the establishment of conditions for the handling and destination of specimens outside their natural habitat, in accordance with the procedures laid down in this Law;
VII. Carry out the inspection and monitoring of compliance with this Law and the rules derived from it, as well as imposing the security measures and administrative sanctions established in the Law itself;
VIII. Promote the establishment of the conditions necessary for the development of state markets for wildlife, based on sustainability criteria, as well as the implementation of environmental policy instruments to stimulate achievement of the objectives of conservation and sustainable use of the same;
IX. Grant, suspend, modify and revoke authorizations, certifications, registrations and other administrative acts linked to the use and release of specimens of wild species and populations, to the exercise of hunting sports and for the provision of services of this type of use, as well as for the scientific collection, in accordance with the rules and other applicable legal provisions, or
X. Promote the development of projects, studies and activities aimed at education, training and research on wildlife, for the development of technical and scientific knowledge and the promotion of the use of knowledge traditional.
Such powers shall be exercised in accordance with the provisions of this Law and other applicable federal provisions, as well as those arising therefrom.
Against acts issued by the governments of the Federal District or the States and, where appropriate, their Municipalities, in the exercise of the powers they assume of conformity with this provision for individuals, the resources and means of defence provided for in Chapter V of Title VI of the General Law on Ecological Balance and Protection of the Environment shall be established.
Article 12. The conclusion of the coordination agreements or agreements referred to in the previous article shall be subject to the bases provided for in Article 12 of the General Law of Ecological Balance and Protection of the Environment.
Article 13. The municipalities, in addition to the powers related to this matter conferred on them by Article 115 of the Constitution, will exercise those that grant them the state laws in the field of their competences, as well as those that are transferred to them by Federal Entities, by means of agreements or conventions.
Article 14. When, by reason of the matter and in accordance with the Organic Law of the Federal Public Administration or other applicable provisions, the intervention of other agencies is required, the Secretariat shall exercise its powers in coordination with the same.
Dependencies and entities of the Federal Public Administration exercising powers conferred upon them by other orders whose provisions relate to the the purpose of this Law, they shall adjust their exercise to the national policy on wildlife established in this Law and the General Law of Ecological Equbook and Environmental Protection, as well as to the provisions derived from them.
TITLE IV
CONSULTATION AND SOCIAL PARTICIPATION
Article 15. The Secretariat shall promote the participation of all persons and sectors involved in the formulation and implementation of measures for the conservation and sustainable use of wildlife within the scope of its competence.
Article 16. The Secretariat will have a National Advisory Council for the Conservation and Sustainable Use of Wildlife, whose functions will be to issue opinions or recommendations regarding the identification of the species at risk and the determination of priority species and populations for conservation, the development of recovery projects, the declaration of existence of critical habitats, as well as the granting of awards and awards referred to in Article 45 of this Law.
The Secretariat may set up other advisory technical bodies related to wildlife and their habitat, in order to support it in the formulation as in the implementation of measures that are necessary for their conservation and sustainable use.
The advisory technical bodies referred to in this article shall be composed of representatives of the Secretariat, other agencies and entities of the Federal Public Administration, as well as representatives of the governments of the Municipalities, States and the Federal District involved in each case; of academic institutions and research centers; of producer groups and employers; of non-governmental organisations and other bodies of a nature social and private, as well as natural persons of proven knowledge in the field, in accordance with the provisions of the regulation.
The organization and functioning of the advisory technical bodies will be subject to the agreements that the Secretariat will issue for this purpose, in which a balanced and proportional representation of all sectors and particular attention will be paid to the participation of rural communities and producers involved.
The Secretariat shall consider, in the exercise of its powers on the matter, the opinions and recommendations which, if appropriate, have been formulated by the Advisory technicians.
Article 17. In order to achieve the objectives of the national wildlife policy, the Secretariat may conclude agreements with the natural and moral persons interested in their conservation and sustainable use.
TITLE V
COMMON PROVISIONS FOR CONSERVATION AND SUSTAINABLE USE OF WILDLIFE
CHAPTER I
PRELIMINARY RULES
Article 18. The owners and legitimate owners of lands where the wildlife is distributed, will have the right to make their sustainable use and the obligation to contribute to conserve the habitat as established in the present Law; they may also transfer this prerogative to third parties, retaining the right to participate in the benefits arising from such use.
The owners and legitimate owners of such premises, as well as the third parties who make the use, will be responsible for the negative effects that This may be for the conservation of wildlife and their habitat.
Article 19. The authorities which, in the exercise of their powers, must intervene in the activities related to the use of soil, water and other natural resources for agricultural, livestock, fish, forestry and other purposes, shall observe the provisions of this Law and those resulting therefrom, and shall take the measures necessary to ensure that such activities are carried out in such a way as to prevent, prevent, repair, compensate or minimise the negative effects of such activities on the wildlife and their habitat.
Article 20. The Secretariat shall design and promote in the provisions of this Law, the development of criteria, methodologies and procedures to identify the values of the biodiversity and the environmental services it provides, the effect of harmonizing the conservation of wildlife and their habitat, with the sustainable use of goods and services, as well as incorporating these into economic analysis and planning, in accordance with the General Law of Ecological Balance and the Protection of the Environment and other applicable provisions by:
a) Certification systems for the production of environmental goods and services.
b) Studies for the weighting of the various cultural, social, economic and ecological values of biodiversity.
c) Studies for the evaluation and internalization of environmental costs in activities for the use of environmental goods and services.
d) Compensation mechanisms and economic instruments that give local inhabitants the costs associated with the conservation of biodiversity or the maintenance of the flows of environmental goods and services derived from their use and conservation.
e) The use of compensation mechanisms and other international instruments for contributions of a global nature.
CHAPTER II
TRAINING, TRAINING, RESEARCH AND OUTREACH
Article 21. The Secretariat shall promote, in coordination with that of Public Education and the other competent authorities, that the institutions of basic, medium, higher and research education, as well as non-governmental organizations, develop programs for environmental education, training, professional training, and scientific and technological research to support the conservation and sustainable use of wildlife and their habitat. Where appropriate, the Secretariat shall participate in such programmes on the terms that are agreed.
The Secretariat will also promote, in coordination with the Secretariat of Public Education and the other competent authorities, that the institutions of secondary education and Higher research and research, as well as non-governmental organizations, develop sustainable use projects that contribute to the conservation of wildlife and their habitats by rural communities.
The authorities in fisheries, forestry, agriculture, livestock and rural development, in coordination with the Secretariat, will give timely to ejidatarios, comuneros and small owners, the technical advice needed to participate in conservation and sustainability in the use of wildlife and their habitat.
The Secretariat will promote to the appropriate authorities and participate in the training and updating of those involved in the management of wildlife and in inspection and surveillance activities, through courses, workshops, regional meetings, publications and other projects and actions that contribute to the objectives of this Law.
The Secretariat will award recognitions to education and research institutions, non-governmental organizations and authorities, which will stand out for their participation in the development of the programmes, projects and actions mentioned in this article.
Article 22. The Secretariat, in coordination with the National Council of Science and Technology and other Dependencies or Entities of the various government orders, will promote the support of projects and the granting of recognition and encouragement, which will contribute to the development of knowledge and tools for the conservation and sustainable use of wildlife and their habitat.
Article 23. The Secretariat will promote and participate in the development of outreach programs so that society values the environmental and socioeconomic importance of conservation and knows the techniques for sustainable use of life. wild and their habitat.
CHAPTER III
KNOWLEDGE, INNOVATIONS AND PRACTICES OF RURAL COMMUNITIES
Article 24. In the conservation and sustainable exploitation activities of wildlife, the knowledge, innovations and practices of rural communities that involve traditional traditional lifestyles will be respected, maintained and maintained. for the conservation and sustainable use of wildlife and its habitat, and its wider application will be promoted with the approval and participation of those who possess such knowledge, innovations and practices. The benefits arising from the use of such knowledge, innovations and practices shall also be encouraged to be shared equally.
CHAPTER IV
WILDLIFE HEALTH
Article 25. The sanitary control of specimens of wildlife species shall be carried out in accordance with the provisions of the Federal Law on Plant Health, the Federal Law on Animal Health and the provisions resulting therefrom. Where necessary, the Secretariat shall establish the accompanying measures for the conservation and recovery of wildlife.
Article 26. The Secretariat shall determine, through the corresponding Mexican official rules, the measures to be applied to prevent specimens of the wild species in confinement from being subjected to adverse health conditions and your life during the application of sanitary measures.
CHAPTER V
EXOTIC SPECIMENS AND POPULATIONS
Article 27. The handling of exotic specimens and populations can only be carried out under conditions of confinement that guarantee the security of the society civil and dignified and respectful treatment of the specimens, according to a management plan that must be previously approved by the Secretariat and the one that must contain the provisions of Article 78 Bis, in order to avoid the negative effects that the specimens and exotic populations may have for the conservation of the specimens and native populations of wildlife and their habitat.
Persons who possess some or some copies referred to in the preceding paragraph, such as pet or pet, shall have express authorization of the Secretariat.
Those specimens of species that by their nature, in the face of inadequate management or event that puts the civilian population at risk, must be relocated by the Secretariat.
Article 27 Bis.- No release or introduction to natural habitats and ecosystems of invasive alien species will be permitted.
The Secretariat will determine within Mexican official standards and/or secretarial agreements the lists of invasive alien species. The respective lists shall be reviewed and updated every 3 years or before if sufficient information is presented for the inclusion of some species or population. The lists and their updates shall indicate the genus, the species and, where appropriate, the subspecies and shall be published in the Official Journal of the Federation and the Ecological Gazette.
shall also issue official Mexican standards and/or secretarial agreements concerning the prevention of the entry of invasive alien species, as well as management, control and eradication of those already established in the country or in cases of accidental, accidental or illegal introduction.
Article 27 Bis 1.- The importation of invasive alien species or wild species that are carriers of such invasive species shall not be permitted. pose a threat to biodiversity, the economy or public health.
Article 28. The establishment of confinements may only be carried out in accordance with the provisions of the applicable provisions, in order to prevent and minimise the negative effects on biological and ecological processes, as well as the substitution or displacement of populations of native species that are naturally distributed on the site.
CHAPTER VI
DIGNIFIED AND RESPECTFUL TREATMENT OF WILDLIFE
Article 29. The municipalities, the Federative Entities and the Federation, will adopt the measures of dignified and respectful treatment to avoid or diminish the tension, suffering, trauma and pain that could be caused to the specimens of wild fauna during their use, transfer, display, quarantine, training, marketing and slaughter.
Article 30. The use of wildlife will be carried out in such a way as to prevent or reduce the damage to wildlife mentioned in the previous article. Any act of cruelty against wildlife is strictly prohibited in the terms of this Law and the rules derived from it.
Article 31. When the movement of live specimens of wild fauna is carried out, it must be carried out under conditions that prevent or reduce the stress, suffering, trauma and pain, taking into account its characteristics.
Article 32. The display of live specimens of wild fauna must be carried out in such a way as to avoid or diminish the tension, suffering, trauma and pain that may cause them.
Article 33. Where, in accordance with the provisions in the matter, any specimens of the wild fauna are required to be quarantined, the measures shall be taken to ensure that they are kept under appropriate conditions in accordance with their requirements.
Article 34. During the training of specimens of the wild fauna, the tension, suffering, trauma and pain of the wild fauna must be avoided or reduced, through methods and training instruments that are suitable for this purpose.
Article 35. During the processes of the marketing of specimens of the wild fauna, the tension, suffering, trauma and pain of the wild fauna must be avoided or reduced, through the use of appropriate management methods and instruments.
Article 36. The stress, suffering, trauma and pain of wildlife specimens should be avoided or diminished in the case of the slaughter of wild fauna, by the use of appropriate physical or chemical methods.
Article 37. The regulations and official Mexican rules on the matter shall establish the necessary measures for the purposes of this Chapter.
CHAPTER VII
CENTERS FOR CONSERVATION AND RESEARCH
Article 38.- The Secretariat shall establish and operate in accordance with the provisions of the Regulations, Centers for the Conservation and Research of Life wild, in which activities will be carried out:
I. Reception, rehabilitation, protection, recovery, reintroduction, channeling, and any other that contribute to the preservation of exemplary rescue products, voluntary deliveries, or assurances by the Federal Attorney General's Office. Protection of the Environment or the Attorney General's Office;
II. Dissemination, training, monitoring, evaluation, sampling, management, continuous monitoring and any other that contribute to the development of the knowledge of wildlife and their habitat, as well as the integration of these into the development processes sustainable. The Secretariat may conclude agreements and arrangements for coordination and consultation for these purposes;
In these centers, a record of the physical and moral persons with the capacity to maintain specimens of wild fauna under appropriate conditions will be carried out. In the case where there are copies which cannot be rehabilitated for release, they may be intended for natural and moral persons who have the corresponding registration in accordance with the provisions of Chapter 6 of this Regulation. title.
CHAPTER VIII
WILDLIFE CONSERVATION MANAGEMENT UNIT SYSTEM
SECTION I
OF WILDLIFE CONSERVATION MANAGEMENT UNITS
Article 39. The owners or legitimate owners of the premises or facilities in which the Wildlife conservation activities are carried out must give notice to the Secretariat, which will be incorporated into the System of Management Units for The Conservation of Wildlife. In addition, when activities are also carried out, they must apply for registration of such premises or facilities as Management Units for the Conservation of Wildlife.
Wildlife conservation management units will be the basic element for integrating the National System of Management Units for Conservation of Wildlife. Wildlife, and will have as a general objective the conservation of natural habitats, populations and specimens of wild species. They may have specific objectives of restoration, protection, maintenance, recovery, reproduction, repopulation, reintroduction, research, rescue, shelter, rehabilitation, exhibition, recreation, environmental education and exploitation. sustainable
Article 40. In order to register the premises as management units for the conservation of wildlife, the Secretariat shall, in accordance with the provisions of the Regulation, integrate a file with the general data, the titles certifying the property or legitimate possession of the promoting on the premises; the geographical location, surface and colindances thereof; and a management plan.
The management plan must contain:
a) Your specific goals; short, medium and long term goals; and success indicators.
b) Biological information of the species or species subject to management plan.
c) The physical and biological description of the area and its infrastructure.
d) Sampling methods.
e) The activity calendar.
f) The habitat, populations, and example management measures.
g) Contingency measures.
h) Surveillance mechanisms.
i) Where appropriate, the media and ways of using and the branding system for identify the specimens, parts and derivatives that are used in a sustainable manner.
The management plan must be prepared by the technical officer, who will be in charge of solidarity with the owner of the registered unit, of the sustainable use of the wildlife, their conservation and that of their habitat, in the event of granting authorization and registration.
Article 41. Once the application has been analyzed, the Secretariat shall issue, within a period not longer than 60 days, a resolution in which it may:
Register these units and approve their management plans in the terms presented for the development of the activities.
Conditioning the development of the activities to the modification of the management plan, in which case, the technical criteria for making such modification will be indicated.
The Secretariat will only be able to deny the registration of Management Units for Wildlife Conservation, when:
I. It is contrary to the law, the Regulation, the Mexican official rules and other applicable legal provisions;
II. A commitment to biodiversity or productive capacity in the area where the Management Unit for Wildlife Conservation is intended to be established;
III. The technical officer or the holders of the provision have been sanctioned for any type of illicit use of wildlife;
IV. There are boundary conflicts or overposition of prediums, and
V. The management program is not consistent and consistent with the population study presented.
Article 42. The activities of conservation and sustainable use shall be carried out in accordance with the provisions laid down in this Law, the provisions that derive from it and based on the respective management plan.
The holders of the wildlife conservation management units shall submit to the Secretariat, in accordance with the provisions of the Regulation, regular reports on their activities, incidents and contingencies, achievements on the basis of the indicators of success and, in the case of exploitation, socio-economic data to be used for statistical purposes only.
The granting of authorizations related to activities that are developed in the management units for the conservation of wildlife will be subject to the submission of the reports referred to in this Article.
Article 43. The duly accredited staff of the Secretariat shall carry out, with written instructions issued and motivated by this, technical supervision visits to the management units for the conservation of wild life random, or when any inconsistency is detected in the management plan, population studies, sampling, inventories, or reports presented. Technical supervision shall not involve inspection activities and shall be intended to verify that the infrastructure and the activities carried out correspond to those described in the management plan and in accordance with the authorisations respective, to be able to technically assist those responsible in the proper operation of such units.
Article 44. The Secretariat shall grant the recognition referred to in the second paragraph of Article 59 of the General Law of Ecological Balance and Environmental Protection, in accordance with the provisions of the Regulation, to the management units for the conservation of wildlife that have been distinguished by:
a) Your achievements in the field of dissemination, education, research, training, dignified and respectful treatment and development of sustainable management activities that have contributed to the conservation of wild species, their populations and their natural habitat, to the generation of jobs and to the socio-economic well-being of the inhabitants of the locality concerned.
b) Your participation in the development of restoration and recovery programs, as well as research, repopulation and reintroduction activities.
c) Your contribution to the maintenance and improvement of environmental services provided by wildlife and their habitat.
The Secretariat shall grant, in accordance with the provisions of the regulation, an annual award to natural or moral persons who are standing out for their conservation work wildlife and their natural habitat.
Article 45. For the purposes of the above article, the relevant information on the wildlife conservation management units proposed by the Secretariat or by any interested party shall be made available to the Council without the data identifying the holders, in order for the holder to issue their opinions, which shall be based on the awards and awards to be awarded.
Article 46. The Secretariat will coordinate the National System of Management Units for the Conservation of Wildlife, which will conform to the set of these units and will have the object:
a) The conservation of biodiversity and the natural habitat of wildlife, as well as the continuity of the evolutionary processes of wildlife on the national territory.
b) The formation of biological corridors that interconnect the management units for wildlife conservation with each other and with natural areas protected, in such a way as to ensure and enhance the flow of specimens of wild species.
c) The promotion of restoration, recovery, reintroduction, and restocking activities, with the participation of social, public, or social organizations private, and other stakeholders in the conservation of biodiversity.
d) The application of traditional biological knowledge, the promotion and development of wildlife research, and its incorporation into activities conservation of biodiversity.
e) The development of alternative productive activities for rural communities and the fight against trafficking and illegal appropriation of copies, parts and Wildlife derivatives.
f) Support for the realization of conservation activities and sustainable use of wildlife in the national territory, through the linking and exchanging information between the different units, as well as the simplification of the management with the competent authorities based on the registration and operation file of each unit.
The Secretariat shall provide advice and, in coordination with other competent authorities, design, develop and implement economic instruments provided for in the Articles 21, 22 and 22 BIS of the General Law of Ecological Balance and Protection of the Environment, as an incentive for the incorporation of prediums into the National System of Management Units for the Conservation of Wildlife and as a stimulus to the work of the holders of management units for the conservation of wildlife recognised in accordance with the provisions of Article 45 of this Law.
Article 47. The Secretariat will promote the development of the National System of Management Units for the Conservation of Wildlife in the areas of influence of protected natural areas, with the purpose of strengthening its buffer zones and giving continuity to their ecosystems.
The Secretariat will also promote that within the protected natural areas, which have a management program, the National System of Management Units for the Conservation of Wildlife, involve local inhabitants in the implementation of the program mentioned above within their premises, giving priority to non-extractive use, in the case of threatened species or populations or in danger of extinction.
SECTION II
OF THE WILDLIFE CONSERVATION MANAGEMENT UNITS
Article 47 Bis. The Wildlife Conservation Management Units shall be subject to the provisions laid down in this Law.
Without prejudice to the foregoing, the Secretariat shall draw up the terms of reference and criteria to be used as a basis for carrying out the population studies. Such studies shall be a requirement for the registration of premises or premises.
Dealing with endangered and threatened species, the management plan and population studies shall be carried out in accordance with the provisions of the last paragraph Article 87 of this Law.
The Secretariat will be empowered to corroborate the technical information contained in the management plan and the study of populations of the Management Unit for the Conservation of Wildlife Wildlife by means of technical visits to the effect, after notification to the owner of the registered unit.
The techniques and methods used for the preparation of population studies must address the type of ecosystem and the biological characteristics of the species of interest. In case of using a transect method for the quantification of specimens, an additional method must be submitted confirming the result.
Article 47 Bis 1. The management plans of the Management Units for the Conservation of Wildlife that aim, in addition to the conservation, the sustainable use of wildlife species will be developed by a technical official who will have to register with the Secretariat.
Technical officials shall provide evidence of experience, knowledge, training, technical profile or professional training in conservation and exploitation sustainable wildlife species and their habitat.
Technical or operational capacity may be accredited by means of a professional title or a professional cedula in matters directly related to wildlife; issued by a national or international institution or body or documentation certifying a minimum experience of two years.
For wildlife conservation, the Secretariat will promote the certification and training of technical officials.
Article 47 Bis 2. They shall be subject to revocation of the registration of the technical wildlife officer:
I. When for reasons attributable to it, the use of wild fauna in the unit is suspended or revoked;
II. The person responsible has submitted false information to the authorities, in relation to the use, their rates of use or double the population studies;
III. Incurs acts or omissions that contravene the Act, the Regulations, or the management plan of the registered unit, and
IV. Duplicate information that corresponds to another UMA only because it is the same species of wild fauna.
Article 47 Bis 3. The Secretariat will deny the authorization to use, or register the Wildlife Conservation Management Unit, when:
I. The creation of Management Units to involve the extractive exploitation of endangered or threatened species within the polygon of protected natural areas is requested, except in those cases in which the plan of management of the area protected natural so permits;
II. Be hindered by any means, the free movement or movement of wildlife in biological corridors or protected natural areas;
III. The technical officer does not accredit the technical and operational capacity to exercise the position;
IV. There is duplicity, inconsistencies or falsehood in the data provided on the species or population studies;
V. Authorisation is requested for the translocation of species or subspecies to areas that are not part of their original distribution, and
VI. The provisions of this Law, the General Law of Ecological Balance and Environmental Protection, and other applicable legal provisions are contravened in the application or management plan.
Article 47 Bis 4. They are causes of revocation of the authorization of use in the Wildlife Conservation Management Units:
I. The utilization rate and its temporality are not met;
II. The continuity of the species or populations included in the rate of use is put at risk;
III. inconsistencies are detected in the management plan, in the population, sampling or inventory studies that the controller of the registered unit presents;
IV. Duplicity is detected in population studies and rates of use in more than one Wildlife Conservation Management Unit;
V. During the supervisory visit established in Article 43 of the Law, actions or omissions in violation of this Law, its Rules of Procedure and other applicable legal provisions are detected;
VI. The Annual Activity Report is not presented for two consecutive years, and
VII. The presentation of the contingency or emergency report that puts wildlife, their natural habitat or the health of the human population at risk, in the terms indicated by the Law and its Regulations, is omitted.
Revocation of the use authorization does not imply the removal of the registry on the System.
The revocation procedure shall be subject to the procedure provided for by the Federal Administrative Procedure Act.
CHAPTER IX
NATIONAL INFORMATION SUBSYSTEM
Article 48. Within the National System of Environmental and Natural Resources Information referred to in Article 159 BIS of the General Law of Ecological Balance and Environmental Protection, there will be a National Information on Life Subsystem. Wild, which will coordinate with the National Biodiversity Information System and will be available to those interested in the terms prescribed by that same Law.
Article 49. The National Wildlife Information Subsystem shall aim to record, organize, update and disseminate information related to the conservation and sustainable use of national wildlife and their habitat, including information relating to:
I. Plans, programs, projects and actions related to the conservation and sustainable use of wildlife and their habitat.
II. The scientific, technical, academic and dissemination projects and activities proposed or carried out for that purpose.
III. The administrative, technical, biological and socioeconomic information derived from the development of activities related to the conservation and sustainable use of wildlife.
IV. The listings of species and populations at risk and priority for conservation.
V. The relevant information on critical habitats and shelter areas to protect aquatic species.
VI. The country's existing inventories and statistics on natural wildlife resources.
VII. The information derived from the application of Article 20 of this Law.
VIII. The registration of the wildlife conservation management units, their geographical location, their specific objectives, and the recognitions granted.
IX. Technical reports on the status of managed species in the Wildlife Conservation Management Unit System.
X. Information available on existing national and international funding for projects focused on the conservation and sustainable use of wildlife and their habitat.
XI. The directory of service providers and organizations linked to these activities.
The Secretariat shall not make available to the public information that may generate intellectual property rights.
CHAPTER X
LEGAL PROVENANCE
Article 50. To grant registrations and authorisations related to specimens, parts and derivatives of wild species outside their natural habitat, the authorities shall verify their legal origin.
Article 51. The legal origin of wildlife specimens found outside their natural habitat, as well as their parts and derivatives, shall be demonstrated, in accordance with the provisions of the Regulation, with the mark showing that they have been the subject of of a sustainable use and the authorised rate of use, or the relevant reference or invoice note.
In the latter case, the reference note or leaf invoice shall indicate the trade number of the authorization to use it; the data of the predium in which it was made; the species or genus to which the specimens, their parts or derivatives belong; the authorised rate and the name of the owner thereof, as well as the proportion of the mark comprising the mark or the packaging or packaging.
In accordance with the provisions of the regulation, the marks drawn up in accordance with the Federal Law on Metrology and Standardisation may be sufficient to demonstrate the legal provenance.
Article 52. People who transfer live specimens of wild species must have the corresponding authorisation granted by the Secretariat in accordance with the provisions of the Regulation. They shall also comply with the relevant Mexican official standards.
It shall not be necessary to have the transfer authorization referred to in the preceding paragraph in the case of:
a) Pets and birds of prey, accompanied by the mark and documentation proving their legal origin, or the corresponding mark in their case.
b) Copies acquired in registered shops, which have the documentation proving their legal origin, or in their case the mark corresponding.
c) Wildlife biological material from properly registered scientific and museographic collections, for other scientific collections in quality of the loan or as a donation, accompanied by the corresponding constancy issued by the natural or moral person to which the collection belongs, in accordance with the rules laid down in the Regulation; provided it is not for commercial or use in biotechnology.
(d) Specimens from or destined for the foreign country, which have export authorization or certificate to which the Convention relates to the International Trade in Endangered Species of Wild Fauna and Flora, issued by the Secretariat.
Article 53. The export of specimens, parts and derivatives of wild species shall require authorization issued by the Secretariat in accordance with the provisions of the Regulation.
It shall not be necessary to have the authorization referred to in the preceding paragraph in the case of:
a) Hunting trophies duly marked and accompanied by documentation proving their legal provenance.
b) Biologic wildlife material from duly registered scientific or museographic collections, for other scientific collections in quality of the loan or as a donation, accompanied by the corresponding constancy issued by the institution to which the collection belongs, in accordance with the rules laid down in the Regulation; provided it is not for commercial or use purposes in biotechnology.
c) Personal items, as long as they do not exceed two parts of the same product.
Article 54. The importation of specimens, parts and derivatives of wild species shall require authorization issued by the Secretariat in accordance with the provisions of the Regulation.
It shall not be necessary to have the authorization referred to in the preceding paragraph in the case of:
a) Biological material of wildlife from duly registered scientific or museographic collections, for other scientific collections in quality of the loan or as a donation, accompanied by the corresponding constancy issued by the institution to which the collection belongs, in accordance with the rules laid down in the Regulation; provided it is not for commercial or use purposes in biotechnology.
b) Personal items, as long as they do not exceed two parts of the same product.
Article 55. The import, export and re-export of specimens, parts and derivatives of wild species included in the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be carried out in accordance with that Convention, the provisions of this Law and the provisions of this Law.
Article 55a.-The , export and re-export of specimens of any species of marine mammal and primate as well as their parts and derivatives, with the exception of those intended for scientific research, and samples of liquid, tissue or reproductive cells of those specimens that are in captivity, subject to authorisation by the Secretariat.
DOF Item 26-01-2006. Reformed DOF 30-11-2010
TITLE VI
WILDLIFE CONSERVATION
CHAPTER I
SPECIES AND POPULATIONS AT RISK AND PRIORITY FOR CONSERVATION
Article 56. The Secretariat shall identify, through lists, the species or populations at risk, in accordance with the corresponding Mexican official standard, by identifying the scientific name and, where appropriate, the most commonly used common name of the species; information on the populations, trends and risk factors; the technical-scientific justification of the proposal; and the methodology used to obtain the information, for which it will be taken into account, where appropriate, information submitted by the Council.
The respective lists shall be reviewed and, if necessary, updated every 3 years or earlier if sufficient information is presented for the inclusion, exclusion or change of category of some species or population. The lists and their updates shall indicate the genus, the species and, where appropriate, the subspecies and shall be published in the Official Journal of the Federation and the Ecological Gazette.
Article 57. Any person, in accordance with the provisions of the regulations and Mexican official rules, may submit to the Secretariat proposals for inclusion, exclusion or change of risk category for wild species or populations, which shall annex the information referred to in the first paragraph of the previous article.
Article 58. Among the species and populations at risk will be those identified as:
a) In danger of extinction, those whose areas of distribution or size of their populations in the national territory have drastically decreased by putting in risk of their biological viability in all their natural habitat, due to factors such as the destruction or drastic modification of the habitat, non-sustainable use, diseases or predation, among others.
b) Threatened, those that could be in danger of disappearing in the short or medium term, if they continue to operate the factors that affect negatively in its viability, by causing the deterioration or modification of its habitat or directly reducing the size of its populations.
c) Special protection, those that could be threatened by factors that have a negative impact on their viability, determines the need to promote their recovery and conservation or the recovery and conservation of populations of associated species.
Article 59. The confined specimens of the species likely to be extinct in the wild will be exclusively intended for the development of conservation, restoration, restocking and reintroduction activities, as well as research and environmental education authorised by the Secretariat.
Article 60. The Secretariat will promote and promote the conservation and protection of species and populations at risk, through the development of conservation and recovery projects, the establishment of special measures for the management and conservation of critical habitat and refuge areas to protect aquatic species, the coordination of sampling and permanent monitoring programs, as well as certification of sustainable use, with participation in their case handle such species or populations and others involved.
The certification program must follow the guidelines laid down in the regulations and, where appropriate, in the Mexican Official Rules, which for this purpose will be
The Secretariat will sign agreements and agreements for consultation and coordination to promote the recovery and conservation of species and populations at risk.
Article 60 Bis. No species of marine mammal, whatever the species may be subject to extractive exploitation, whether subsistence or commercial, with the exception of the catch for scientific research and higher education of accredited institutions.
The promoting of an authorization for the capture of marine mammals referred to in this article must be provided to the appropriate authority. to support your request. The remainder of the procedure shall be subject to the provisions of this Law and other applicable laws.
For the case of marine mammal stranding, the "Protocol of Care for Marine Mammal Stranding" shall always be carried out.
The use of specimens of marine mammals in touring shows shall be prohibited.
Article 60 Bis 1.- No sea turtle specimen, whatever the species, may be subject to extractive, either subsistence or commercial, including its parts and derivatives.
Article 60 Bis 2.- No bird copy corresponding to the Psittaciae or psitacid family, the natural distribution of which is within the national territory, may be subject to extractive use for subsistence or commercial purposes.
The Secretariat may only grant authorisations for extractive use for conservation or scientific research purposes. Only authorisations for scientific research will be granted to accredited academic institutions.
The import, export and re-export of any copy of the Psittaciae family or psitacido, the natural distribution of which shall be prohibited, shall be prohibited. is within the national territory.
The species of psitacids not covered by this Article shall be subject to the provisions laid down in the other international laws and treaties of which Mexico is a part.
Article 60 TER.- Removal, padding, transplantation, pruning, or any work or activity that affects the integrality of the hydrological flow of the mangrove; the ecosystem and its area of influence; its natural productivity; the natural load capacity of the ecosystem for tourism projects; nesting, reproduction, shelter, feeding and levying areas; or interactions between the mangrove, the rivers, the dune, the adjacent sea area and corals, or causing changes in ecological characteristics and services.
Except for the prohibition referred to in the preceding paragraph, the works or activities intended to protect, restore, investigate or preserve the areas of mangling.
Article 61. The Secretariat shall, after the Council's opinion, draw up lists of priority species and populations for conservation and publish them in the Official Journal of the Federation.
The inclusion of species and populations to that list will proceed if they are found in at least one of the following assumptions:
a) Its strategic importance for the conservation of habitats and other species.
b) The importance of the species or population for the maintenance of the biodiversity, structure and functioning of an ecosystem or part of it.
c) Its endemic character, in the case of species or populations at risk.
d) The high degree of social, cultural, scientific or economic interest.
The lists referred to in this article will be updated at least every 3 years, with the update published in the Official Journal of the Federation.
Article 62. The Secretariat shall implement programs for the conservation, recovery, reproduction and reintroduction of species and populations in their habitat priority for conservation, with the participation in their case of people who manage those species or populations and others involved.
Information on conservation and recovery projects for conservation priority species and populations will be available to the public.
CHAPTER II
CRITICAL HABITAT FOR WILDLIFE CONSERVATION
Article 63. Conservation of wildlife habitat is in the public interest.
Critical habitats for wildlife conservation are specific land or aquatic areas in which biological, physical and chemical processes occur essential, be it for the survival of species in a category of risk, either for a species, or for one of their populations, and which therefore require special handling and protection. They are areas that are regularly used for food, predation, foraging, resting, breeding or breeding, or migration routes.
The Secretariat may, by means of secretarial agreement, establish critical habitats for the conservation of wildlife, in the case of:
a) Specific areas within the area in which a species or population at risk is distributed when listed, in which they are developed biological processes essential for their conservation.
b) Specific areas that due to deterioration processes have drastically decreased their surface, but still have a significant concentration of biodiversity.
c) Specific areas where there is an ecosystem at risk of disappearing, if the factors that have led to it reducing its surface continue to be historical.
d) Specific areas in which essential biological processes are developed, and species susceptible to specific risks, such as certain types of pollution, whether physical, chemical or acoustic, or risk of collisions with terrestrial or aquatic vehicles, which may lead to the impact of the populations.
Article 64. The Secretariat shall agree with the owners or legitimate owners of premises in which there are critical habitats, special handling measures, mitigation of impacts and conservation.
The realization of any public or private work, as well as those activities that may affect the protection, recovery and restoration of the elements natural habitats in critical habitats shall be subject to the conditions laid down as special management and conservation measures in the management plans concerned, as well as in the relevant preventive report, in accordance with the established in the regulation.
At all times, the Federal Executive may impose limitations on the rights of the domain in the premises that cover such habitat, in accordance with articles 1o., fraction X and 2o. of the Expropriation Act, in order to comply with the necessary measures for their management and conservation.
CHAPTER III
REFUGE AREAS TO PROTECT AQUATIC SPECIES
Article 65. The Secretariat may establish, by agreement of Secretarial, areas of refuge to protect native species of wildlife that are developed in the aquatic environment, in waters of federal jurisdiction, land-based federal land and land inundinable, in order to conserve and contribute, through management and conservation measures, to the development of these species, as well as to conserve and protect their habitats, for which they will develop the corresponding protection programs.
Article 66. The areas of refuge to protect aquatic species may be established in clearly defined sites as to their location and unlinde by the instrument that creates them.
Article 67. Shelter areas to protect aquatic species may be established for the protection of:
I. All native wildlife species that develop in aquatic environments present on the site;
II. Those native wildlife species that develop in the aquatic environment mentioned in the corresponding instrument;
III. Those native wildlife species that develop in aquatic environment not specifically excluded by such an instrument; or
IV. copies with specific characteristics, of populations, species or groups of species native to wildlife that are developed in aquatic environment, which are negatively affected by the use of certain means of use; for physical, chemical or acoustic pollution, or collisions with vessels.
Prior to the issue of the agreement, the Secretariat shall draw up the supporting studies, which they shall contain, in accordance with the rules laid down in the Regulation; general information, diagnosis, description of the physical characteristics of the area, justification and socio-economic aspects; for which you may request the opinion of the competent Federal Public Administration agencies.
Article 68. When the surface of some of the refuge areas to protect aquatic species, matches the polygon of some protected natural area, the respective protection program, must be compatible with the general objectives established in the corresponding declaratory and in the program of management of the protected natural area in question.
In the cases referred to in the preceding paragraph, it shall be for the director of the protected natural area concerned to carry out the coordination of the management and conservation established in the protection program.
Article 69. The performance of any public or private work, as well as those activities that may affect the protection, recovery and restoration of natural elements in areas of refuge to protect aquatic species, must be subject to the conditions laid down as management and conservation measures in the protection programmes concerned, as well as the relevant preventive report, in accordance with the provisions of the Regulation.
CHAPTER IV
RESTORE
Article 70. When problems of destruction, contamination, degradation, desertification or imbalance of the habitat of the wildlife are present, the Secretariat will formulate and execute, as soon as possible, programs of prevention, of emergency care and restoration for the recovery and restoration of the conditions conducive to the evolution and continuity of the natural processes of wildlife, taking into account the provisions of Articles 78, 78 BIS and 78 BIS 1 of the General Law Environmental and environmental protection, and in accordance with the laid down in the Regulation and other applicable provisions.
CHAPTER V
VEDAS
Article 71. The Secretariat may establish limitations on the use of wildlife populations, including the Vedas and their modification or lifting, in accordance with the provisions of Article 81 of the General Law of Ecological Balance and the Protection of the environment, when through other measures the conservation or recovery of the populations cannot be achieved.
In cases of natural disasters or human activities, the Secretariat may establish temporary vedas to be used as a preventive measure and complementary to other measures, in order to assess the damage caused, to allow the recovery of the stocks and to avoid risks to human health.
Vedas may be established, modified or lifted at the request of the natural or moral persons concerned, who must present the population studies in accordance with the provisions of the Regulation. The Secretariat will assess these background and available information on the biological, social and economic aspects involved, solving what is appropriate.
CHAPTER VI
SPECIMENS AND POPULATIONS THAT BECOME HARMFUL
Article 72. The Secretariat may issue and authorize, in accordance with applicable provisions, control measures to be taken within wildlife management units for which the data subjects shall provide the relevant information, as set out in the respective regulation.
The means and techniques must be adequate to avoid affecting other specimens, populations, species and their habitats.
The possibility of applying control measures such as capture or collection for the development of recovery projects, restocking activities, and re-introduction or research and environmental education.
CHAPTER VII
MOBILITY AND DISPERSION OF NATIVE WILDLIFE POPULATIONS
Article 73. The use of fences or other methods, in accordance with the provisions of the regulation, is prohibited to retain or attract specimens of native wildlife that would otherwise be developed in several premises. The Secretariat shall approve the establishment of non-permeable fences and other methods as a management measure for specimens and populations of native species, when required for recovery projects and reproduction activities, restocking, reintroduction, translocation or prerelease.
Article 74. In the event that the cercos or other methods have been established prior to the entry into force of this Law, the Secretariat shall promote its removal or adaptation, as well as the joint handling by the owners or the legitimate owners. holders of adjacent pregod who share populations of native wild species, in accordance with other productive activities, in order to facilitate their movement and dispersion and to avoid the fragmentation of their habitats.
Article 75. In cases where, for the natural development of populations of native wild species, it is necessary to establish a strategy that encompasses the set of management units for the conservation of the surrounding wildlife, the Secretariat take into account the views of those involved in establishing such a strategy and determine the terms in which it should be developed, where possible, with the participation of all the holders.
CHAPTER VIII
CONSERVATION OF MIGRATORY SPECIES
Article 76. The conservation of migratory species will be carried out through the protection and maintenance of their habitats, the sampling and monitoring of their populations, as well as the strengthening and development of international cooperation; with the provisions of this Law, the General Law of Ecological Balance and the Protection of the Environment and of which they are derived, without prejudice to the provisions of the treaties and other international agreements in which Mexico is a Party Contractor.
CHAPTER IX
CONSERVATION OF WILDLIFE OUTSIDE THEIR NATURAL HABITAT
Article 77. The conservation of wildlife outside its natural habitat will be carried out in accordance with the provisions of the General Law of Ecological Balance and Environmental Protection, of this Law and of those derived from it, as well as with the approved management plans and other applicable provisions.
The Secretariat will give priority to the reproduction of wildlife outside its natural habitat for the development of restocking and reintroduction activities, especially of species at risk.
Article 78. Scientific and museographic collections, public or private, of specimens of wild species, shall be recorded and updated annually to the appropriate authority on the register to be carried out, in accordance with the rules laid down in the regulation, and for the case of living specimens, to have a management plan approved by the Secretariat.
Prediums and facilities that handle wildlife in confined form, such as zoos, public shows and private collections, will only be able to operate if they have management plans approved by the Secretariat, and in addition they must register and update their data annually to the appropriate authority, in the register that for this purpose is carried out, in accordance with the provisions of the regulation.
The use of wildlife specimens in circuses is prohibited.
Article 78 Bis. The management plans referred to in the preceding article shall contain at least the following items:
a) Species, number of copies and biological information of each;
b) Type of confinement by species and number of specimens;
c) The physical and biological description of the area and its infrastructure, and its management measures by species and number of specimens;
d) Diet to provide each copy according to its species;
e) Clinical and animal health care;
f) Means of transport for mobilization;
g) Maintenance, security, and hygiene measures;
h) Aspects of environmental education, conservation and reproduction of species, with particular attention to those in some category of risk;
i) Measures to ensure dignified and respectful treatment during confinement, handling, transfer, exhibition, adaptation to new space and training responsible, among others;
j) Calendar of activities;
k) Civil security and contingency measures;
l) The surveillance mechanisms;
m) The containment methods to be used in case of any emergency or contingency;
n) The type of marking of the specimens by species, and
or) Those set out in the Regulation and other applicable provisions.
Prior to the authorization of the management plan, the Secretariat, considering the dimensions, characteristics, number of species or specimens, will be empowered to verify physically that the pregod or facilities that handle wildlife in confined form, have the necessary area and infrastructure for their management, as well as the technical and operational capacity sufficient to execute the management plans.
The Secretariat shall issue the minimum requirements for the management of each species for life in confinement.
CHAPTER X
RELEASE OF SPECIMENS TO NATURAL HABITAT
Article 79. The release of specimens to their natural habitat shall be carried out in accordance with the provisions of the Regulation. The Secretariat shall ensure that the release is carried out as soon as possible, unless rehabilitation is required.
If the release of specimens to their natural habitat is not appropriate, the Secretariat will determine a destination that contributes to conservation, research, education, training, dissemination, reproduction, management or care of wildlife in suitable locations for that purpose.
Article 80. The Secretariat may authorise the release of specimens from wildlife to natural habitat for repopulation or reintroduction purposes, in the framework of projects that provide:
a) An ex-ante evaluation of the specimens and the habitat showing that their characteristics are viable for the project.
b) A management plan that includes follow-up actions with the indicators to assess the effects of repopulation or reintroduction on the specimens released, other associated species and habitat, as well as measures to reduce the factors likely to affect their survival, in the case of specimens of species at risk or of low reproductive potential.
c) Where appropriate, a sanitary control of the copies to be released.
Article 81. When it is not possible to carry out repopulation or reintroduction actions, the Secretariat may authorise the release of specimens from wildlife to the natural habitat in the framework of translocation projects that include the same components identified in the previous two articles. The released specimens shall, as far as possible, belong to the nearest subspecies, genetically and fsonomically, to the missing subspecies.
TITLE VII
SUSTAINABLE USE OF WILDLIFE
CHAPTER I
EXTRACTIVE UTILIZATION
Article 82. Only extractive exploitation of wildlife can be performed in the conditions of sustainability prescribed in the following articles.
Article 83. The extractive use of specimens, parts and derivatives of wildlife requires a prior authorization from the Secretariat, in which the rate of use and its temporality will be established.
The use referred to in the preceding paragraph may be authorized for collection, capture or hunting activities for reproduction, restoration, recovery, repopulation, reintroduction, translocation, economic or environmental education.
Article 84. When applying for authorisation to carry out extractive harvesting on wild species that are naturally distributed on the national territory, the data subjects shall demonstrate:
a) That the requested fees are lower than the natural renewal of the populations subject to use, in the case of specimens of species in free life.
b) They are a controlled reproduction product, in the case of wildlife specimens in confinement.
c) This will not have negative effects on populations and will not change the life cycle of the specimen, in case of use of parts of copies.
d) That this will not have negative effects on the populations, nor will there be any manipulation that will permanently damage the specimen, in the case of copies.
The authorization for the use of copies, shall include the use of its parts and derivatives, in accordance with the rules and regulations Mexican officers who for this purpose are issued.
Article 85. It will only be possible to authorize the use of specimens of species at risk when priority is given to the collection and capture for activities of restoration, restocking, reintroduction and scientific research. Any other use, in the case of endangered and threatened populations, shall be subject to the evidence that any of the four activities referred to above have been satisfactorily fulfilled and that:
a) Specimens are a product of controlled reproduction, which in turn contributes to the development of populations in supported programs, projects or actions by the Secretariat where they exist, in the case of specimens in confinement.
b) Contribute to the development of populations through controlled reproduction, in the case of specimens of wild species in free life.
Article 86. The use of specimens, parts and derivatives of wild species that are not distributed naturally in the national territory and which are in confinement, will be subject to the presentation of a notice to the Secretariat by of the persons concerned, in accordance with the provisions of the Regulation.
Article 87. The authorization to carry out the use may be authorized to the owners or legitimate owners of the premises where the wildlife is distributed based on the approved management plan, according to the results of the studies of populations or samples, in the case of free-living specimens or of the inventories presented in the case of specimens in confinement, taking into account other information available to the Secretariat, including the on biological cycles.
For the use of specimens of wild species at risk, we must have:
a) Criteria, measures and actions for the controlled reproduction and development of such population in their natural habitat included in the management plan, in addition to the provisions of Article 40 of this Law.
b) Specific actions and actions to counteract the factors that have led to their populations declining or their habitats deteriorating.
c) A population study that contains rigorous estimates of birth and mortality rates and sampling.
In the case of endangered or threatened populations, both the study and the management plan must be endorsed by a specialized physical or moral person. and recognised, in accordance with the provisions of the Regulation. In the case of endangered populations, the management plan and the study should also be carried out in accordance with the terms of reference developed by the Council.
Article 88. No authorisations will be granted if the extractive use could have negative consequences on the respective populations, the development of biological events, the other species that are distributed and the habitats and will be left behind. without any effects, when such consequences will be generated.
Article 89. The rights deriving from these authorizations shall be transferable to third parties for which the holder shall, in accordance with the provisions of the regulation, give notice to the Secretariat at least 15 days in advance and send it within the following 30 days of the copy of the contract in which the transfer was made. Whoever performs the use must comply with the requirements and conditions that the authorization establishes.
When the premises are owned by the state or municipal governments, they will be able to request authorization to carry out the use, or to give the consent to third parties for them to apply, complying with the requirements established by this Law.
When the premises are federal property, the Secretariat may grant the authorization to carry out the sustainable use in these premises and to normalize their exercise, complying with the obligations established to authorize and develop sustainable use.
By granting authorizations to take advantage of municipal, state, or federal property, the benefits that will be taken into account will be taken into consideration. can be derived from them for rural communities.
The revenue of the municipalities, the federal entities and the Federation of the extractive exploitation of wildlife in the property of their property, or in those with the consent of the owner or the legitimate holder, shall, in accordance with the applicable provisions, allocate them to the development of programmes, projects and activities linked to restoration, conservation and recovery of species and populations, as well as dissemination, training and surveillance.
Article 90. The authorizations to perform the use, will be granted for specified periods and will be revoked in the following cases:
a) When the revocation is imposed as an administrative penalty in the terms provided for in this Act.
(b) Where species or populations included in the rate of use are included in the risk categories and the technical advisory body determine that such revocation is indispensable to ensure the continuity of the populations.
c) When the species or populations included in the rate of use are closed in accordance with this Law.
d) When the owner or legitimate holder of the property or who has his consent is deprived of his rights by judicial judgment.
e) When the utilization rate and its temporality are not met.
Article 91. The means and ways to exercise the use must minimize the negative effects on the populations and the habitat.
The authorisation of use will generate for the holder the obligation to submit periodic reports in accordance with the provisions of the regulation, which must include the assessment of the effects of the respective use on populations and their habitats.
CHAPTER II
UTILIZATION FOR SUBSISTENCE PURPOSES
Article 92. People in the locality who make use of specimens, parts and derivatives of wildlife for direct consumption, or for sale in quantities that are proportional to the satisfaction of the basic needs of these and of its economic dependents, shall receive the support, technical advice and training of the competent authorities for the compliance with the provisions of this Law and its regulations, as well as for the achievement of its purposes.
The competent authorities shall promote the formation of associations for these purposes.
Article 93. The Secretariat, in coordination with the National Indigenous Institute and the Federative Entities, will integrate and make public, through a list, the practices and volumes of use of specimens, parts or derivatives of wildlife for traditional ceremonies and rites by members of rural communities, which may be performed within their premises or with the consent of their owners or legitimate owners, provided that the viability of the populations is not affected and the techniques and means of use are the traditionally used, unless these are modified to improve the conditions of sustainability in the use. In any case, it will promote the incorporation of management and habitat conservation actions through training programs for these rural communities.
The Secretariat may establish limitations or deny the use, in cases where the information shows that such practices or volumes are putting at risk the conservation of wild populations or species.
CHAPTER III
HARNESSING BY SPORT HUNTING
Article 94. Sport hunting shall be governed by the provisions applicable to other extractive uses.
The Secretariat, according to the geographical area and biological cycles of the species subject to this type of use, may publish calendars of working times and must:
a) Determine the means and methods to perform the sport hunting and its temporality, as well as the areas in which it can be performed; when evaluating the plans of handling and if applicable when granting the corresponding authorizations.
b) Setting specific vedas for this type of use, when required for the conservation of wild species populations and their habitat.
Article 95. The exercise of sport hunting is prohibited:
a) Using poisons, navies, traps, nets, automatic weapons, or burst.
b) From half an hour before sunset, until half an hour after sunrise.
c) When it comes to visibly pregnant offspring or females.
Article 96. The residents abroad who wish to use this type of wildlife use, must hire a registered service provider, who will serve as a responsible for the conservation of wildlife and their habitat. For these purposes, the holders of the wildlife conservation management units shall be considered as registered service providers.
Persons who carry out sport hunting without hiring a service provider must carry a license granted prior to the use of the provisions in force.
Service providers should have a license for the provision of services related to sports hunting, prior to compliance with the provisions in force.
CHAPTER IV
SCIENTIFIC AND EDUCATIONAL PURPOSES
Article 97. The collection of specimens, parts and derivatives of wildlife for scientific research purposes and for purposes of teaching requires authorization from the Secretariat and will be carried out with the prior consent, expressed and informed of the owner or legitimate holder of the premises where it is carried out. This authorization shall not cover the use for commercial purposes or use in biotechnology, which shall be governed by the special provisions applicable. The authorisation shall be granted only where the viability of the populations, species, habitats and ecosystems is not affected.
The authorizations to carry out scientific collection will be granted, in accordance with the regulations, by line of investigation or by project. The authorisations per line of research will be granted for the development of these activities by researchers and scientific collectors linked to national scientific research institutions and collections, as well as to those with a background in the provision of information for the knowledge of national biodiversity, and for their work team. Project authorisations shall be granted to persons who do not have these characteristics or to persons who are to carry out scientific collection on species or populations at risk, or on critical habitat.
Article 98. The persons authorised to carry out a scientific collection shall, in the terms laid down in the Regulation, submit reports of activities and allocate at least a duplicate of the biological material collected to institutions or collections. Unless the Secretariat determines otherwise by the existence of sufficient representations and in good condition of such material in the aforementioned institutions or collections.
CHAPTER V
NON-EXTRACTIVE UTILIZATION
Article 99. The non-extractive use of wildlife requires prior authorisation from the Secretariat, which shall be granted in accordance with the provisions laid down in this Chapter, to ensure the welfare of wild species, the continuity of their populations and the conservation of their habitats.
Works and non-extractive activities carried out in mangroves shall be subject to the provisions laid down in Article 28 of the Law. General of Ecological Balance and Environmental Protection.
Article 100. The authorisation shall be granted, in accordance with the rules laid down in the Regulation, to the owners or legitimate owners of the premises where such copies are distributed.
The rights deriving from these authorizations shall be transferable to third parties for which the holder shall, in accordance with the provisions of the Regulation, give notice to the Secretariat at least 15 days in advance and shall send you within thirty days of the following copy of the contract in which the transfer has been made. Whoever performs the use must comply with the requirements and conditions that the authorization establishes.
When the premises are owned by the state or municipal governments, they will be able to request authorization to carry out the use, or to give the consent to third parties for them to apply, complying with the requirements established by this Law.
When the premises are federal property, the Secretariat may grant the authorization to carry out the sustainable use in these premises and to normalize their exercise, complying with the obligations established to authorize and develop sustainable use.
When the premises are located in the Municipal, State or Federal areas, the authorizations for the use will take into consideration the benefits that could report to local communities.
The income of the municipalities, the federal entities and the Federation of non-extractive use of wildlife on the premises of their property, or in those with the consent of the owner or the legitimate holder, shall, in accordance with the applicable provisions, allocate them to the development of programmes, projects and activities linked to restoration, conservation and recovery of species and populations, as well as dissemination, training and surveillance.
Article 101. Non-extractives in economic activities shall be carried out in accordance with the zoning and capacity of use determined by the Secretariat, in accordance with the official Mexican rules, or in its absence according to the management plan approved by the Secretariat.
Article 102. No such authorization shall be granted if the use of the said authorization could have negative consequences on the respective populations, the development of biological events, the other species that are distributed and the habitats and will be left without effect. the one granted when such consequences are generated.
Article 103. The holders of authorisations for non-extractive use shall submit, in accordance with the rules laid down in the Regulation, regular reports to the Secretariat to enable the assessment of the consequences of the non-extractive use. use.
TITLE VIII
CONTROL AND SECURITY MEASURES, VIOLATIONS AND SANCTIONS
CHAPTER I
GENERAL PROVISIONS
Article 104. The Secretariat shall carry out the necessary inspection and surveillance for the conservation and sustainable use of wildlife, as provided for in this Law, in the General Law of Ecological Balance and Protection of the The environment and the provisions resulting from them must also bear a register of the offenders. Persons who are included in that register, in respect of the faults referred to in Article 127, fraction II of this law, in the terms laid down in the regulation, shall not be granted any authorization to use them, or shall be subject to the transmission of rights of use.
Article 105. in accordance with the rules laid down in the Regulation, Joint Supervisory Committees shall be established with the participation of the municipal authorities, the federal and federal authorities in order to monitor the implementation of the control and security provided for in this Title, in accordance with the provisions of the coordination agreements or conventions referred to in Articles 11, 12 and 13 of this Law.
CHAPTER II
DYEARS
Article 106. Without prejudice to any other applicable provisions, any natural or moral person who directly or indirectly causes damage to wildlife or to their habitat, is required to repair or compensate for it in accordance with the provisions of the Federal Environmental Liability Act.
The owners and legitimate owners of the pregod, as well as the third parties who make the use, will be responsible for the negative effects that This may be for the conservation of wildlife and their habitat.
Article 107. Anyone may report damage to wildlife or their habitat to the Federal Office for Environmental Protection. that you have knowledge.
The Federal Attorney General's Office will carefully evaluate the information presented in the complaint and, if appropriate, will exercise exclusively the action of responsibility for damage to wildlife and their habitat, which will be objective and supportive.
In the event that the defendant is an organ of the federal public administration or a majority state holding company, the liability action for damage to wildlife and their habitat, may be exercised by any person directly before the competent court.
Article 108. (Repeals).
Article 109. (Repeals).
CHAPTER III
INSPECTION VISITS
Article 110. People who carry out capture, processing, processing, preparation, marketing, exhibition, transfer, import, export, and other activities related to the conservation and exploitation of wildlife give duly accredited staff of the Secretariat the facilities necessary for the development of the inspection acts referred to above. They shall also provide the documentation required to verify compliance with the provisions of this Law and those resulting from it.
Article 111. In the practice of acts of inspection to vessels or vehicles, it shall be sufficient for the inspection order to be established:
a) The authority that issues it.
b) The reason and foundation of origin.
c) The place, zone, or region where the inspection is practiced.
d) The object and scope of the diligence.
Article 112. In cases where, during the conduct of inspection acts, it was not possible to find in the place any person in order that the person could be designated as a witness, the inspector must establish this in the administrative act. the effect is lifted, if the consent of the inspected is to be carried out in the absence of witnesses, without affecting the validity of the act of inspection.
Article 113. In those cases where the alleged offenders are caught in the execution of acts contrary to this Law or the provisions deriving from it, or when after they have been performed, they are physically persecuted, or when some person To be responsible for the commission of those facts, provided that it is in possession of the objects related to the offending conduct, the staff duly identified as inspector shall have to raise the corresponding record and In this case, in detail, this circumstance, observing in detail, the formalities for the carrying out of inspection acts.
Article 114. When during the performance of acts of inspection of the compliance with the provisions of this Law and of which it is derived, the Secretariat finds specimens of wildlife whose legal origin is not proven, once received the Inspection report shall be carried out by the Secretariat itself, in accordance with the rules laid down for that purpose. In the event of technical and legal origin, the release of such specimens may be agreed to their natural habitats, in the interest of the welfare of the specimens for the conservation of the populations and the habitat, in accordance with Article 79 of the this Law, or carry out the necessary actions for such purposes. The release diligence shall include the following particulars: place and date of release, identification of the released copies, the names of the persons who serve as a person, and the date of release. witnesses and, where appropriate, of the marking system or electronic or mechanical tracing system, which have been used.
Article 115. The Secretariat shall, upon receipt of the inspection report, give an administrative decision within 10 days of the date of its receipt when:
I. The alleged offender acknowledges the administrative lack in which he incurred.
II. These are copies or goods that have been found abandoned.
III. The offender demonstrates that he has complied with the obligations of the infringement.
Article 116. In cases where the alleged offenders of this Law could not be identified and the provisions derived from it, the Secretariat shall terminate the procedure by adopting the appropriate conservation measures. of the wildlife and their habitat and, where appropriate, order the destination to be given to the specimens, parts or derivatives of the wildlife that have been abandoned.
CHAPTER IV
SECURITY MEASURES
Article 117. Where there is imminent risk of serious damage or deterioration to wildlife or to its habitat, the Secretariat shall, on the basis of the following security measures, order the application of one or more of the following:
I. The precautionary assurance of the specimens, parts and derivatives of the species that correspond, as well as of the goods, vehicles, utensils, tools, equipment and any instrument directly related to the action or omission that source the imposition of this measure.
II. The temporary, partial or total closure of installations, machinery or equipment, as appropriate, for the use, storage or the sites or facilities where the acts that generate the assumptions are developed refers to the first paragraph of this article.
III. The temporary, partial or total suspension of the activity that motivates the imposition of the security measure.
IV. The implementation of the actions necessary to prevent the continued presentation of the assumptions that motivate the imposition of the security measure.
Article 118. By securing specimens, parts and derivatives of wild species in accordance with this Law or Mexican official rules, the Secretariat may only designate the infringer as the depositary of the insured property when:
a) There is no immediate possibility of placing the insured property in the Centers for Wildlife Conservation and Research in Units of Management for the Conservation of Wildlife, in institutions or with persons, duly registered for this purpose.
(b) There is no history attributable to it, in terms of illegal exploitation or trade.
c) There are no faults in respect of dignified and respectful treatment.
d) insured assets are not intended for domestic or international trade.
The provisions of this article do not preclude the possibility of applying the respective sanction.
Article 119. The precautionary assurance will proceed when:
I. The legal origin of the specimens, parts and derivatives of the wildlife in question is not demonstrated.
II. Do not have the necessary authorization to carry out activities related to wildlife or to be carried out in violation of the authorization granted, or, where appropriate, to the approved management plan.
III. They have been entered into the country to be exported without complying with the applicable provisions.
IV. Be specimens, parts or derivatives of wildlife seized in violation of the provisions of this Law and those resulting from it.
V. There is an imminent risk of serious damage or deterioration to wildlife or their habitat if this measure is not carried out.
VI. There are obvious signs of alteration of documents or of the information contained in the documents by which it is intended to demonstrate the legal possession of the specimens, products or by-products of wildlife in question.
VII. There are faults with respect to the dignified and respectful treatment, as stipulated in this Law.
Article 120.- The Secretariat, when making precautionary assurances in accordance with this Law, will channel the insured copies to the Center for Conservation and Research of Wildlife or will consult these the pipeline to Wildlife Conservation Management Units, institutions or persons who meet the best conditions of safety and care for the stay, and where appropriate, the reproduction of the copies or goods insured.
Persons subject to inspection who are designated as depositories of the insured property shall submit to the Secretariat a guarantee sufficient to support the safety and care of the specimens and goods concerned within five days of the order for the precautionary insurance to be ordered. If the Secretariat does not receive the corresponding guarantee, it shall appoint another depositary and the costs incurred shall be borne by the inspected.
In case the depositary fails to comply with its legal obligations, the Secretariat will proceed to make effective the guarantees displayed, regardless of any other civil, criminal or administrative liability, which is the case and without prejudice to the penalties provided for by the inspectorate, for the offences under this Law and the legal provisions of it, committed.
Article 121. The Secretariat may order the sale at the market price of perishable insured goods, if the alleged infringer does not credit the legal origin of the perishable goods within 15 days of its insurance, provided that the in the case of a well-permitted trade, which shall be carried out in accordance with the provisions of the General Law of Ecological Balance and Protection of the Environment. In this case, the Secretariat shall invest the corresponding amounts in Certificates of the Federation's Treasury, in order that the application of the product and the yields as appropriate shall be available upon the delivery of the respective resolution. agreement with the provisions of this order.
In case the resolution terminating the respective inspection procedure does not order the confiscation of the perishable goods secured precautorily and these have been sold, the Secretariat shall provide the person concerned with the selling price of the goods in question at the time of the insurance, plus the returns which have been generated at the date of expiry of the securities referred to in the previous paragraph.
CHAPTER V
ADMINISTRATIVE PENALTIES AND VIOLATIONS
Article 122. These are violations of this Law:
I. Perform any act that causes the destruction or damage of wildlife or their habitat, in contravention of the provisions of this Law.
II. Perform extractive or non-extractive activities of wildlife without the corresponding authorization or in contravention of the terms in which it would have been granted and the applicable provisions.
III. Perform exploitation activities involving the killing of wildlife specimens, without the corresponding authorization or in violation of the terms in which it would have been granted and the applicable provisions.
IV. Carry out activities for use with specimens or populations of wild species endangered or extinct in the wild, without the corresponding authorisation.
V. Carry out actions in contravention of the provisions governing the health of wildlife.
VI. Handle specimens of exotic species out of controlled confinement or without respecting the terms of the approved management plan.
VII. Submit false information to the Secretariat.
VIII. Perform acts contrary to restoration programs, established vedas, critical habitat management and conservation measures, or shelter area protection programs for aquatic species.
IX. Use cercos or other methods to retain or attract specimens of wildlife contrary to the provisions of Article 73 of this Law.
X. Possess specimens of wildlife outside their natural habitat without having the means to demonstrate their legal origin or in contravention of the provisions for their management established by the Secretariat.
XI. Release specimens of the wildlife to their natural habitat without the respective authorization and without observing the conditions established for this effect by this Law and the other provisions derived from it.
XII. Move specimens, parts and derivatives of wildlife without the corresponding authorization.
XIII. Carry out control and eradication measures for specimens and populations that are harmful to wildlife without the authorization granted by the Secretariat.
XIV. Perform activities for the use of specimens, parts or derivatives of wildlife for traditional ceremonies or rites, which are not on the list that for this purpose is issued, in accordance with Article 93 of this Law.
XV. Mark and invoice specimens of wildlife, as well as their parts or derivatives, that do not correspond to a sustainable use in the terms of this Law and the provisions that derive from it.
XVI. Alter for illicit purposes the brands and invoices of wildlife specimens, as well as their parts or derivatives.
XVII. Skip the presentation of the reports ordered by this Law and other provisions derived from it.
XVIII. Perform the scientific collection without the required authorization or in violation of its terms.
XIX. Use biological material from wildlife for purposes other than authorised or for biotechnology purposes, without complying with the applicable provisions referred to in the third paragraph of the Article 4. of this Law.
XX. Do not deliver the duplicates of the collected biological material, when that obligation is required.
XXI. Possess collections of wildlife specimens without the registration granted by the Secretariat in the terms provided for in this Law and other provisions derived from it.
XXII. Export or import of specimens, parts or derivatives of wildlife, or transit within the national territory the specimens, parts or derivatives originating from and destined to the alien in violation of this Law, to the provisions of they derive and to the regulatory or restriction measures imposed by the competent authority or, where appropriate, the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
XXIII. Perform acts that contravene the provisions of dignified and respectful treatment of wildlife, established in this Law and in the provisions that are derived from it.
XXIV. Perform acts that contravene wildlife conservation provisions outside of their natural habitat, established in this Law and in the provisions that are derived from it.
Not only will persons who have participated in their commission, but also those who have participated in their preparation or in their cover-up, be considered offenders.
Article 123. The violations of the provisions of this Law, its regulations, the Mexican official rules and other legal provisions resulting from it, will be administratively sanctioned by the Secretariat, with one or more of the following sanctions:
I. Written admonition.
II. Fine.
III. Temporary, partial or total suspension of the authorizations, licenses or permits that correspond.
IV. Revocation of the corresponding authorizations, licenses, or permissions.
V. Temporary or permanent closure, partial or total, of the facilities or sites where the activities that lead to the respective infringement are developed.
VI. Administrative arrest for up to 36 hours.
VII. Confiscation of specimens, parts or derivatives of wildlife, as well as instruments directly related to violations of this Law.
VIII. Payment of expenses to the depositary of copies or goods which, on the occasion of an administrative procedure, have been carried out.
Written admonition, fine and administrative arrest may be commuted for community work on wildlife conservation activities and their habitat natural.
Article 124. The sanctions imposed by the Secretariat will be determined by considering the aspects set out in Article 173 of the General Law of Ecological Balance and Environmental Protection, in which it is conducive.
Article 125. The Secretariat shall notify the administrative acts which are generated during the inspection procedure, to the alleged offenders by means of lists or strings, when:
I. These are copies or goods that have been found abandoned;
II. The address provided by the inspected is false or inaccurate;
III. No address is given at the place where the authority responsible for the administrative procedure of inspection is located.
Article 126. The Secretariat may ask institutions of higher education, research centres and recognised experts in the field to draw up opinions which, if appropriate, will be considered in the issue of resolutions to end the administrative procedures referred to in this Title, as well as in other acts carried out by the Secretariat itself.
Article 127. The imposition of the fines referred to in Article 123 of this Law shall be determined in accordance with the following criteria:
I. With the equivalent of 20 to 5000 times of minimum wage to the one who commits the infractions identified in the XII, XVII, XXI and XXIII fractions of Article 122 of this Law, and
II. With the equivalent of 50 to 50000 times of minimum wage to the one who commits the infractions identified in fractions I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV, XV, XVI, XVIII, XIX, XX, XXII and XXIV of Article 122 of the present Law.
The imposition of the fines will be made on the basis of the current daily minimum wage for the Federal District at the time of the infringement.
In the case of recidivism, the amount of the fine may be up to twice the amount originally imposed.
The relevant authority may grant the infringer the option referred to in the final paragraph of Article 173 of the General Law of Ecological Balance and the Protection of the Environment, if it is required to repair the damage committed by reestablishing the conditions prior to its commission or to make an equivalent investment in the terms to be established, in which case the intended in that provision.
Article 128. In the event that the confiscation is imposed as a sanction, the infringer shall be obliged to cover the costs incurred for the protection, conservation, release or care, as appropriate, of the specimens of wildlife that have been insured. The respective amounts shall be of a fiscal nature and shall be determined by the Secretariat in the decisions concluding the relevant inspection procedures.
Article 129. In addition to the destinations provided for in Article 174 BIS of the General Law of Ecological Balance and Protection of the Environment, the Secretariat will give the seized goods any of the following destinations:
I. Temporary detention at a conservation centre or similar institution with the aim of rehabilitating the specimen in such a way as to enable it to survive in a wild or captive environment, as the case may be;
II. Release to the habitats where the wildlife specimens concerned are developed, taking the necessary measures for their survival.
III. Destruction in the case of products or by-products of wildlife that may transmit disease, as well as means of exploitation that are not permitted.
IV. Donation to public bodies, public or private scientific institutions and units that include conservation of wildlife or higher education or beneficence, according to the nature of the good seized and in accordance with the functions and activities carried out by the donor, provided that the goods are not placed on the market, nor are they contravened with the provisions of this Law and the existence of suitable conditions for their development.
While the destination of the copies is defined, the Secretariat will ensure the preservation of the life and health of the exemplary or specimens concerned, according to the characteristics of each species, ensuring that this is carried out in the centres for the conservation and research of wildlife, as referred to in Article 38 of this Law, or in similar ones for this purpose.
Article 130. The revenue obtained from the fines for infringements of the provisions of this Law, the regulation and other provisions derived therefrom, as well as those obtained from the auction in public auction or the direct sale of products or Seized by-products shall be used for the integration of funds for the development of programmes, projects and activities linked to the conservation of species, as well as for the inspection and surveillance of the materials referred to in this Law.
TRANSIENT
FIRST.- This Law will take effect the day after its publication in the Official Journal of the Federation.
SECOND.- The Federal Hunting Act is repealed, published in the Official Journal of the Federation on 5 January 1952 and any other provision is repealed. legal to oppose this Law.
THIRD.- Until the legislatures have issued the provisions to regulate the matters that this order provides are the competence of the States and the Federal District, it will be up to the Federation to apply this Law at the local level, coordinating with the state authorities.
FOURTH.- Records, permits, or authorizations granted prior to the date of entry into force of this instrument, related to conservation or the use of wildlife and their habitat that are in force, shall remain until the end of that validity in each case. In cases where the validity of the records, permits and authorizations granted up to the date of publication of this Law is indefinite, the holders shall have one year to regularise them in accordance with the provisions of the same.
QUINTO.- The Secretariat, in the terms provided for by this order and by the General Law of Ecological Balance and Environmental Protection, will constitute a a maximum of 90 days from the entry into force of this Law, to the National Advisory Council for the conservation and sustainable use of wildlife.
SIXTH.- The species currently considered rare in NOM-09-ECOL-1994, will be considered at risk species until such an Official Standard is modified. Mexicana.
SEVENTH.- The Federal Executive, after the Council's previous opinion, will review the decrees and agreements on trade and trade restrictions. international, as well as any other act of its own which is contrary to the provisions of this Law, and shall proceed to its adequacy by issuing a new decree or, if necessary, to the abrogation thereof.
EIGHTH.- The local registers of service providers linked to processing, processing, preparation, transport and the placing on the market of wildlife products, parts and derivatives, the Secretariat shall keep a record at national level.
NINTH.- As long as local records for the holding of wild species are established, the Secretariat will keep a record at the national level for the voluntary regularisation of their legal detention, for which they will be given a period of 2 years.
DECIMAL.- The administrative procedures and resources related to the matters of this Law, initiated prior to its entry into force, will be processed and resolve in accordance with the provisions in force at the time they have been initiated.
Mexico, D.F., on April 27, 2000.-Sen. Dionisio Pérez Jacome, Acting Vice President.-Dip. Francisco José Paoli Bolio, President.-Sen. Raul Juarez Valencia, Secretary.-Dip. Marta Laura Carranza Aguayo.-Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-eight days of June of two thousand.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Government, Diodoro Carrasco Altamirano.-Heading.
