Spaces Maritimos National System Of Marine Protected Areas - Full Text Of The Norm

Original Language Title: ESPACIOS MARITIMOS SISTEMA NACIONAL DE AREAS MARINAS PROTEGIDAS - Texto completo de la norma

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Law 27.037

National System of Protected Marine Areas.

Sanctioned: November 19, 2014

Promulgated: December 09, 2014

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

ARTICLE 1 — The National System of Protected Marine Areas, designed to protect and conserve marine spaces representative of habitats and ecosystems under the environmental policy objectives set out in the legislation in force, is incorporated into the maritime areas established in articles 3, 4, 5 and 6 of the Act.

In the Argentine Antarctic Sector and in the area of implementation of the Convention for the Conservation of Antarctic Marine Living Resources (CCRVMA), adopted by Act No. 22,584, the rules of the said Convention shall be applied only, as well as the Antarctic Treaty adopted by Act No. 15,802 and the Environmental Protection Protocol adopted by Act No. 24,216.

This law shall not apply:

(a) In maritime areas under provincial jurisdiction under existing legislation, with the exception of areas whose jurisdiction is previously given to the national State;

(b) In marine inter-jurisdictional parks created by laws 26,446, 26,817 and 26,818.

ARTICLE 2 For the purposes of this law, marine areas are considered to be protected from the natural spaces established for the protection of ecosystems, communities or biological or geological elements of the marine environment, including the subsoil, the associated seabeds and columns, which because of their rarity, fragility, importance or singularity deserve special protection for the development, education and enjoyment of present and future generations.

ARTICLE 3 — The creation of marine protected areas must be carried out by law of the Nation, with precise delimitation of its perimeter.

ARTICLE 4 Protected marine areas should be managed and used in a sustainable manner under some of the categories created by this law, in order to meet the needs of the inhabitants of the Argentine Nation without compromising the structure and operation of natural ecosystems, in accordance with the guidelines set out in the General Environmental Law 25.675.

ARTICLE 5 — For the purposes of this law, the application authority must establish marine protected areas under the following categories, which may be unique or combined for each area and physically horizontal or vertical:

(a) Estricta Marina National Reserve.

Maximum permanent or temporary protection area. Its objective is to keep marine biodiversity and ecological processes in the long term, reducing to the maximum any antropic impact and being reserved as areas of reference indispensable for scientific research and monitoring, as well as for control and monitoring activities. Their use for these purposes should be strictly controlled and limited.

They are prohibited in the Estricta National Marine Reserve, as established by the management plan of the same:

I. Military surface and submarine exercises;

ii. Surface and submarine water sports;

iii. Hunting and fishing in any of its modalities;

iv. Any type of prospecting, exploration and extractive activity on the bed and seabed;

v. Recreational and educational public visit;

vi. The introduction, transplantation and propagation of chemical elements and biological products of any kind, including the sowing or repopulation with native species.

(b) Marine National Park.

Protected area with the aim of preserving marine biodiversity, landscape quality and large-scale ecological processes; ensuring controlled scientific, educational and recreational uses, admitting tourism as the only economic activity under the parameters set out in their respective management plan.

They are prohibited in the Marine National Park:

I. Military surface and submarine exercises that generate impacts on species and ecosystems and waste disposal of such activity;

ii. Fishing under the modalities not contemplated in the management plan;

iii. Any type of extractive activity on the bed and seabed;

iv. The introduction, transplantation and spread of chemicals and exotic biological products.

(c) Marine National Monument.

Protected area limited to the objective of conserving a special or unique attribute of marine biodiversity or the quality of the landscape, guaranteeing controlled scientific, educational and recreational uses, admitting tourism as the only economic activity under the parameters of the respective management plan and which is characterized by a location limited to its special or unique interest.

They are forbidden at the National Marine Monument:

I. Military surface and submarine exercises that generate impacts on species and ecosystems and waste disposal of such activity;

ii. Fishing under the modalities not contemplated in the management plan;

iii. Any type of extractive activity on the bed and seabed;

iv. The introduction, transplantation and spread of chemicals and exotic biological products;

v. Any activity that disrupts or modifies the unique characteristic that justified its categorization.

(d) National Marine Reserve for Habitat Management/species:

Marine area to protect the needs identified according to the best reliable scientific information of particular species or the maintenance of habitats, which is characterized by a location limited to its special or unique interest and which can be permanent or temporary.

They are prohibited in the National Marine Reserve for Habitat Management/species:

I. Military surface and submarine exercises that generate impact on species and habitats and waste disposal of such activity;

ii. Fishing under the modalities not considered in the management plan;

iii. Any type of extractive activity on the bed and seabed;

iv. The introduction, transplantation and spread of chemicals and exotic biological products;

v. Any activity that disrupts or modifies the unique characteristic that justified its categorization.

(e) Marina National Reserve.

Protected area with the objective of preserving marine biodiversity, landscape quality and large-scale ecological processes, ensuring in a controlled manner the scientific, educational, recreational uses and sustainable use of one or more of their resources, including areas designed to carry out specific conservation objectives. Its purpose is to manage economic activities based on resource management and specific conservation objectives, within the framework of a management plan.

They are prohibited in the National Marine Reserve:

I. Military surface and submarine exercises that generate impacts on species and ecosystems and waste disposal of such activity;

ii. Fisheries activities not considered in the management plan established;

iii. Any type of non-sustainable extractive activity that generates irreversible impacts on ecosystems and affects the conservation objectives of the area;

iv. The introduction, transplantation and spread of chemicals and exotic biological products.

ARTICLE 6 The implementation authority should prepare a management plan for each marine area to be established within five (5) years of its establishment, through a consultative and participatory process, including a long-term ecological vision and protection through an ecosystem approach, an appropriate zoning, a public awareness policy and mechanisms for monitoring and monitoring.

ARTICLE 7 Management plans established under the previous article should be revised at least every five (5) years, and any modifications available should be published in the public access sites to the information of the implementing authority.

ARTICLE 8 — In order to protect ecosystems and conserve marine biodiversity, primary considerations in the development and modification of intern management plans and management measures applicable to marine protected areas created are the principles of environmental policy set out in article 4 of the General Environment Act 25,675 and the ecosystem approach.

ARTICLE 9 — The enforcement authority must submit to the National Congress at a maximum of five (5) years, a report on the state of marine conservation of the created areas and the progress made towards the establishment of a representative system of marine protected areas.

ARTICLE 10. - The implementing authority should establish for each protected marine area a non-binding, duly representative and inclusive advisory committee of government agencies, scientists, universities and representatives of non-governmental organizations specializing in marine affairs to facilitate the formulation, review and evaluation of the implementation of management plans for marine areas created.

ARTICLE 11. - The implementing authority may establish other advisory committees to review and evaluate any aspect of conservation or administration policies on marine protected areas created.

ARTICLE 12. - In the event of a violation of the standards set out in the management plan, the enforcement authority will give intervention to the competent authorities.

ARTICLE 13. - Protected marine areas established at the time of the sanction of this law shall be governed by their respective rules of establishment for a period of 5 (five) years. After such a period of time, the national executive branch shall adapt the same to the provisions of this law, with an express indication of the management category and the administration and governance system provided for in the preceding articles.

ARTICLE 14. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIECNUE DAYS OF THE MONTH OF THE YEAR DOS MIL CATORCE.

— REGISTRATION BAJO N° 27.037 —

LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. — Juan H. Estrada.