Penalties for mismanagement of wildlife

Aprobada por la Cámara de Diputados el 27 de Abril de 2000

Publicada en el Diario Oficial de la Federación el 03 de Julio de 2000





Article 107. Any natural or legal person may report to the Federal Environmental Protection Agency (PROFEPA) damage to wildlife and its habitat without the need to demonstrate that it is personally and directly affected by such damages.



Article 122. The following are infractions established in this Law:

I. Perform any act that causes the destruction or damage of wildlife or its habitat, in contravention of what is established in this Law.
II. To carry out activities of extractive or non-extractive exploitation of the wild without the corresponding authorization or in contravention to the terms in which it had been granted and to the applicable dispositions.
III. Realizar actividades de aprovechamiento que impliquen dar muerte a ejemplares de la vida silvestre, sin la autorización correspondiente o en contravención a los términos en que ésta hubiera sido otorgada y a las disposiciones aplicables.
IV. Carry out harvesting activities with specimens or populations of wild species in danger of extinction or extinct in the wild, without the corresponding authorization.
V. Carry out actions in contravention of the provisions that regulate wildlife health. Keep reading.
VI. Handling specimens of exotic species outside 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 closures, management measures and conservation of critical habitat or protection programs of refuge areas for aquatic species.
IX. Use fencing or other methods to retain or attract specimens of wildlife contrary to what is established in article 73 of this Law.
X. Possession of wildlife outside their natural habitat without the means to prove their legal provenance or in contravention of the provisions for their management established by the Secretariat.
XI. Release specimens of wildlife to their natural habitat without the respective authorization and without observing the conditions established for that purpose by this Law and the other provisions derived therefrom.
XII. Transfer specimens, parts and derivatives of wildlife without corresponding authorization.
XIII. To carry out measures of control and eradication of specimens and populations that become harmful to the wild without having the authorization granted by the Secretariat.
XIV. To carry out activities of exploitation of specimens, parts or derivatives of the wild for ceremonies or traditional rites, that are not in the list that for that effect is issued, according to article 93 of the present Law.
XV. Mark and invoice wildlife specimens, as well as their parts or derivatives, which do not correspond to a sustainable use under the terms of this Law and the provisions derived therefrom.
XVI. Alter for illicit purposes the marks and invoices of specimens of the wildlife, as well as of its parts or derivatives.
XVII. To omit 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 contravention of its terms.
XIX. Use biological material from wildlife for purposes other than those authorized or for biotechnology purposes, without complying with the applicable provisions referred to in the third paragraph of Article 4. Of this Law.
XX. Do not deliver the duplicates of biological material collected, when you have that obligation.
XXI. Being in possession of collections of wildlife specimens without the registration granted by the Secretariat in the terms provided in this Law and other provisions derived therefrom.
XXII. To export or import specimens, parts or derivatives of wildlife, or transit within the national territory the specimens, parts or derivatives from and destined for the foreigner in contravention of this Law, the provisions derived therefrom and the regulatory measures or Restrictions imposed by the competent authority or, where appropriate, the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
XXIII. To carry out acts that contravene the provisions of dignified treatment and respectful to the wild fauna, established in the present Law and in the dispositions derived therefrom. Offenders will be considered not only those who participated in his commission, but also those who participated in his preparation or in his cover-up.

Article 123. Violations of the provisions of this Act, its regulations, Mexican official regulations and other legal provisions deriving therefrom shall be administratively sanctioned by the Secretariat with one or more of the following sanctions:

I. Written reprimand.

II. Penalty fee.

III. Temporary, partial or total suspension, of the authorizations, licenses or permits that correspond.

IV. Revocation of the corresponding authorizations, licenses or permits.

V. Temporal, partial or total or definitive closure, of the facilities or sites where the activities that give rise to the respective infraction are carried out.

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 specimens or goods that in the course of an administrative proceeding have been issued.

Written reprimand, fine and administrative arrest may be commuted for community work in wildlife conservation activities and their natural habitat.

Article 124. The sanctions imposed by the Secretariat shall be determined considering the aspects established in article 173 of the General Law of Ecological Balance and Environmental Protection, in what is conducive.

Article 125. The Secretariat shall notify the administrative acts that are generated during the inspection procedure to the alleged infringers by means of lists or pallets, when:

I. These are specimens or goods that would have been abandoned;
II. The address provided by the inspected prove to be false or inaccurate;
III. No address is indicated in the place where the authority responsible for conducting the administrative inspection procedure is located.

Article 126. The Secretariat may request from higher education institutions, research centers and recognized experts in the field the elaboration of opinions, which, if appropriate, will be considered in the issuance of resolutions that put an end to the administrative procedures to which This Title refers, 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, will be determined according to the following criteria:

I. With the equivalent of 20 to 5000 times of minimum wage to who commits the infractions indicated in fractions XII, XVII, XXI and XXIII of article 122 of the present Law.

Fraction reformed DOF 10-01-2002

The imposition of fines will be made based on the general daily minimum wage in force for the Federal District at the time of the infraction.

In the case of recidivism, the amount of the fine may be up to twice the amount originally imposed.

The corresponding authority may grant to the violator the option referred to in the final paragraph of article 173 of the General Law on Ecological Equilibrium and Environmental Protection, if the latter undertakes to repair the damage committed by restoring the conditions prior to its Commission or make an equivalent investment in the terms established, in which case the provisions of that provision shall be observed.

Article 128. In the event that confiscation is imposed as a sanction, the offender shall be obligated to cover the expenses incurred for the protection, conservation, release or care, as appropriate, of the wildlife specimens that may have been Insured. The respective amounts will have the character of fiscal credit and will be determined by the Secretariat in the resolutions that conclude the corresponding inspection procedures.

Article 129. In addition to the destinations provided for in article 174 BIS of the General Law on Ecological Equilibrium and Environmental Protection, the Secretariat shall give to confiscated property any of the following destinations.

I. Temporary internment in a conservation center or similar institution with the aim of rehabilitating the specimen, in such a way as to enable it to survive in a wild environment or in captivity, depending on the case;
II. II. Release to habitats where the specimens of wildlife in question are developed, taking the necessary measures for their survival.
III. Destruction in the case of products or by-products of wildlife that could transmit any disease, as well as means of exploitation not allowed
IV. Donation to public bodies, public or private scientific institutions and units whose activities include conservation of wildlife or higher education or charity, according to the nature of the asset confiscated and according to the functions and activities carried out by the As long as it is not traded with said assets, nor contravene the provisions of this Law and ensure the existence of adequate conditions for its development.

While defining the destination of the specimens, the Secretariat will ensure the preservation of life and health of the specimen or specimens concerned, according to the characteristics of each species, ensuring that this is carried out in the centers for Conservation and research of wildlife, referred to in Article 38 of this Law, or other similar ones for this purpose.

Article 130. The income obtained from fines for breaches of the provisions of this Law, the regulations and other provisions deriving therefrom, as well as those obtained by auction or the direct sale of products or by-products seized, will be used for the integration of funds to develop programs, projects and activities related to the conservation of species, as well as to inspection and surveillance in the matters referred to in this Law.

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