Entering or exploring a cave: what the law allows

Puerto Rico has one of the most remarkable cave systems in the Caribbean, and this is the Act that says what may and may not be done inside them. The first thing worth knowing, because it is reassuring: entering a cave is not, by itself, a violation of this Act; Article 4 itself says so expressly. The second, which surprises many people: if you are going to do more than enter and look — take samples, study, excavate, install anything, use the water or the bat guano — you need the written consent of the Secretary of Natural Resources and of the landowner, and the Act says that even if you are the owner you need the Secretary’s. And the third, which is worth the whole Act: scratching a wall, taking a stalactite or moving a petroglyph are offences, and the archaeological-evidence one reaches five years.

The prohibitions reach every person, with no exception for being the landowner: the Act defines “Person” as any natural or juridical person, public or private, and any grouping of them. For the permitted activities in Article 7, whoever requests them needs two written consents — that of the Secretary of Natural and Environmental Resources and that of the owner of the plot where the cave or the access sits — and for archaeological excavations they additionally need the prior written authorisation of the Institute of Puerto Rican Culture. The Act sets no training, federation, insurance or experience requirement for entering a cave.

• For the Article 7 activities, prior written consent of the Secretary of Natural and Environmental Resources, even where you are the plot’s owner (Article 7).Verified against the official source
• Written consent of the owner of the plot or farm where the cave sits or where the accesses to be used to enter sit (Article 7).Verified against the official source
• For archaeological studies and excavations, prior written authorisation of the Institute of Puerto Rican Culture (Article 7(c)).Verified against the official source
• To build over caves, caverns, sinkholes or underground rivers posing a risk, prior endorsement of the Secretary (Article 4(d)).Verified against the official source

Information pending verification.

1. 1

   Step 1: Entering is not an offence, and the Act says so

   It is worth starting there because it is the commonest doubt. Article 4(a)(4) prohibits altering the cave’s natural atmosphere, including burning any material producing smoke or gases harmful to animals and plants, and closes with an express clarification: “provided that the fact of entering or remaining in a cave, cavern or sinkhole does not constitute a violation of this article.” That is, the Act does not criminalise the visit itself. What it criminalises is what you do inside.

2. 2

   Step 2: The eight prohibited acts

   Article 4(a) lists them and each is a misdemeanour, punishable by imprisonment of no more than six months or a fine of no more than five hundred dollars, or both, at the court’s discretion. First, breaking, cracking, sculpting, painting, writing, marking or in any way damaging, destroying or defacing natural material. Second, removing or transporting natural material. Third, killing, harming, disturbing or removing any animal or plant. Fourth, altering the natural atmosphere. Fifth, entering carrying any aerosol or other container holding paint, dye or colouring matter. Sixth, breaking, forcing, removing or damaging any lock, gate, door or structure designed to prevent entry — and note this: the Act punishes it “regardless of whether the person manages to enter or not.” Seventh, offering for sale, exchange or donation, selling, exchanging, donating, exporting or by any method disposing of natural material or archaeological evidence taken from a cave. Eighth, contaminating, diverting or in any way altering the water.

3. 3

   Step 3: What counts as “natural material”

   More than it seems. Article 3(d) defines it as any deposit, concretion or mineral formation in a cave, cavern or sinkhole, and includes — without limitation — stalactites, eccentric stalactites, stalagmites, columns, flowstone, draperies, calcite crystals, fans, calcite dams, cave pearls, bat guano and the droppings of living organisms. And it adds a sentence that decides many cases: “provided that the walls, floors and ceilings of caves, caverns or sinkholes are considered natural material.” In other words, scratching a wall is damaging natural material.

4. 4

   Step 4: The penalty that rises: archaeological evidence

   Article 4(b) stands apart from the rest. Any person who wilfully alters, removes, transports or in any way damages any archaeological evidence or features found in a cave, cavern or sinkhole — including, without limitation, petroglyphs, pictographs, ceramics, bones and tools — shall be sanctioned with imprisonment for a minimum term of six months and a maximum of five years, or a minimum fine of one hundred dollars and a maximum of two thousand five hundred. It is the Act’s most severe provision and the reason archaeological excavations require, on top of the Secretary and the owner, the prior authorisation of the Institute of Puerto Rican Culture.

5. 5

   Step 5: The rubbish, and its curious fine

   Article 4(c) deserves separate mention for how it is drafted. Depositing or leaving in a cave food, containers, ropes, electric batteries, carbide, papers, wrappers, rubbish, debris or any waste is a misdemeanour, sanctioned on a first infraction “with a fine of no less than five dollars and no more than fifty, or one day in jail for each dollar left unpaid.” The batteries and carbide are named on purpose: they are typical caving residues.

6. 6

   Step 6: What may be done, and with what permits

   Article 7 lists six activities and sets the two-consent rule: they may be carried out “with the prior written consent of the Secretary of Natural Resources and of the owner of the plot or farm where the cave, cavern or sinkhole sits or where the access or accesses to be used to enter them sit; it being understood that even being the owner one must have the Secretary’s written consent.” The six: carrying out scientific studies and taking samples of water, air, fauna, flora and natural materials; removing or protecting any organism, animal or plant for disease or contamination and to prevent spread; carrying out archaeological studies and excavations and removing evidence for scientific and pedagogical purposes, with the Institute of Culture’s prior authorisation; using and exploiting the waters and the droppings of living organisms or bat guano; building, developing, installing, using and administering physical facilities for scientific, public, tourist or commercial purposes; and carrying out work to properly conserve the resource.

7. 7

   Step 7: The extra requirement for installing anything inside

   The fifth activity in Article 7 — building, developing, installing, using and administering physical facilities, tourist and commercial ones included — carries an additional test worth knowing before investing: “to authorise this activity it must be demonstrated that it is more useful to the community than keeping the cave, cavern or sinkhole in its natural state.” The compilation writes “mis” where it evidently meant “más”; we flag it and do not correct it on our own account. The burden of demonstrating that greater usefulness falls on the applicant.

8. 8

   Step 8: If you own land with a cave on it

   Three things touch you directly. First: Article 4(d) prohibits the development of residences, industries, structures and other buildings founded over caves, caverns or sinkholes and underground rivers that constitute a risk to community health or safety, to the preservation of the caves and to the contamination of those water bodies, without the Secretary’s prior endorsement. Second: Article 4(e) prohibits, without exception and with no permit possible, using caves, caverns or sinkholes for building septic wells, for discharging domestic and industrial effluents, and for raising animals that could affect these ecosystems. Third: if you oppose the conservation work in Article 7(f), the Department will go to court to obtain an order permitting the steps aimed at cleaning.

9. 9

   Step 9: The administrative fines, separate from the criminal side

   Article 6 gives the Secretary a route running parallel to the courts: they may issue orders to do or not do, cease and desist, and — after holding hearings — impose sanctions or administrative fines up to a maximum of ten thousand dollars for infractions of the Act, its regulations or the orders issued under them. Article 10 provides that this money, together with that from permits requested under the Act, goes to a special account in Treasury to be used by the Department of Natural Resources in executing this Act.

The written consent is given by the Secretary of the Department of Natural and Environmental Resources, whom Article 5 charges with implementing the Act and adopting the regulations. For archaeological excavations the prior written authorisation of the Institute of Puerto Rican Culture is additionally needed. The landowner’s consent — or that of the access plot’s owner — is arranged with that person directly. The Act publishes no form, address or portal, and we do not guess government internet addresses.

• Believing entering a cave is illegal: Article 4(a)(4) expressly clarifies that entering or remaining is not a violation.
• Thinking owning the land exempts you: the Act says that even being the owner you need the Secretary’s written consent.
• Carrying aerosols or containers with paint: entering with them is, by itself, one of the eight prohibited acts.
• Believing scratching a wall is not damaging natural material: the Act treats walls, floors and ceilings as natural material.
• Underestimating the penalty for petroglyphs: damaging archaeological evidence reaches five years’ imprisonment.
• Forcing a gate thinking nothing happens if you do not get in: the Act punishes it regardless of whether you manage to enter.
• Leaving batteries or carbide inside: they are expressly named in the prohibition on depositing waste.
• Assuming you can install a tourist facility with only the owner’s permission: you must demonstrate it is more useful to the community than the cave in its natural state.
• Using a sinkhole as a septic well or for discharges: it is prohibited without exception and with no permit possible.

These are the government pages this guide is based on.

• Departamento de Recursos Naturales y Ambientales (DRNA)

  DRNA

  bvirtualogp.pr.gov