Laws That Protect Birds in Puerto Rico

Act 241: the New Wildlife Law of Puerto Rico

Act No. 241 of August 15, 1999, last amended in 2025, protects native and migratory species, regulates hunting and the entry of exotic species, and makes habitat protection public policy. Its definition of wildlife expressly includes birds and 'any part, product, nest, egg, young, or dead body.'

Article 6 lists the prohibited acts. Among them: hunting or collecting vulnerable or endangered species (clause o); possessing or keeping native or migratory wildlife in captivity without the Secretary's written authorization (clause p); and possessing, transporting, taking, collecting, or destroying individuals, nests, eggs, or young without a permit (clause u). It also bans buying and selling wildlife, their young, or nests (clause e).

Penalties under Puerto Rico law

Article 22 sets two tiers. Most violations are misdemeanors, with a fine of $100 to $500 per specimen or up to six months in jail, or both. Violations of the rules on vulnerable or endangered species are felonies: a fine of $5,000 to $50,000 per specimen or 90 days to three years in jail, or both.

'Per specimen' matters: taking three nestlings from a nest counts as three. Fines, licenses, and donations go into the Special Fund for Wildlife Management, which pays for education, enforcement, and research. The Ranger Corps, reorganized by Act 110 of 2020, has 318 officers charged, among other duties, with enforcing Act 241.

Regulations 6766 and 6765: the list and hunting

Regulation 6766, adopted February 11, 2004, identifies vulnerable and endangered species, promotes conservation of their critical natural habitat, and regulates their import and export. According to the Fish and Wildlife Service's summary, its Article 2.05 prohibits possessing, hunting, killing, or harming any listed animal. The current list includes 28 birds.

Regulation 6765 governs wildlife conservation, exotic species, and hunting. Pigeon hunting is legal for designated species such as the Scaly-naped Pigeon, but not for the Plain Pigeon, which resembles the Scaly-naped and can be shot by mistake. That is why a hunting exclusion zone covers part of its range.

The federal Endangered Species Act

The Endangered Species Act was signed on December 28, 1973 (16 U.S.C. 1531-1544). Its definition of 'State' expressly includes the Commonwealth of Puerto Rico. An 'endangered' species is in danger of extinction throughout all or a significant portion of its range; a 'threatened' species is likely to become endangered within the foreseeable future.

Section 9 prohibits 'take' of endangered species, which the law defines as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt any of those. It also bans possessing, transporting, or selling specimens taken illegally. In Puerto Rico it covers 10 birds, including the Iguaca, the Plain Pigeon, and the Puerto Rican Nightjar.

The Migratory Bird Treaty Act

Despite its name, this 1918 law (16 U.S.C. 703-712) does not protect only migrating birds. It implements treaties with Canada (1916), Mexico (1936), Japan (1972), and Russia (1976), and prohibits killing, capturing, selling, trading, or transporting listed species without authorization in the United States and its territories. The federal list at 50 CFR 10.13 includes endemics such as the Yellow-shouldered Blackbird, Puerto Rican Bullfinch, Puerto Rican Emerald, and Elfin-woods Warbler.

It does not cover species introduced by people, because it applies to species present through natural processes. Nor does it cover families outside its list; the Puerto Rican Tody, for example, does not appear, though it is still protected by Act 241. A basic violation is a misdemeanor with a fine of up to $15,000 or six months in jail; knowingly selling protected birds is a felony.

Common situations: what the law says

Keeping a Puerto Rican Spindalis or Puerto Rican Bullfinch in a cage? Possessing native wildlife in captivity without written authorization is illegal under Act 241. Buying a 'parrot chick' on social media? The law bans the sale of wildlife and, for exotic species, also bans using internet ads to facilitate that trade without a permit. Trimming a tree with an active nest? Destroying nests or eggs without authorization is prohibited.

If you find an injured bird or a nestling, do not keep it as a pet: contact the DNER for guidance. If you witness illegal hunting, sale of native birds, or nest destruction, note the date, place, and what you saw, and report it to the Ranger Corps. Do not confront anyone or post the location of nests of sensitive species.

Is it illegal to keep a native bird as a pet in Puerto Rico?

Yes. Article 6(p) of Act 241 prohibits possessing or keeping in captivity any native or migratory wildlife species, except for scientific, educational, or recovery purposes with written authorization from the DNER Secretary.

What is the fine for killing an endangered bird in Puerto Rico?

Under Act 241, violating the rules on vulnerable or endangered species is a felony, with a fine of $5,000 to $50,000 per specimen or 90 days to three years in jail, or both. If the species is federally listed, the Endangered Species Act can also apply.

Can you hunt the Plain Pigeon?

No. The Plain Pigeon is endangered under both the DNER and federal law. It resembles the Scaly-naped Pigeon, which is a legal game species, so a hunting exclusion zone covers part of its east-central range.

Does the Endangered Species Act apply in Puerto Rico?

Yes. The definition of 'State' in 16 U.S.C. 1532 expressly includes the Commonwealth of Puerto Rico. Ten birds with range in Puerto Rico are listed, including the Puerto Rican Parrot, Yellow-shouldered Blackbird, and Elfin-woods Warbler.

Does the Migratory Bird Treaty Act protect birds that don't migrate?

Yes, if they are on its official list. The 50 CFR 10.13 list includes Puerto Rico residents and endemics such as the Yellow-shouldered Blackbird and the Puerto Rican Bullfinch. It does not include species introduced by people.

Where do I report illegal hunting or bird sales in Puerto Rico?

To the DNER Ranger Corps, which enforces Act 241 and its regulations. Note the date, time, place, species if you recognize it, and any evidence such as photos or screenshots of ads, without confronting anyone.