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

Original Language Title: ESPACIOS MARITIMOS SISTEMA NACIONAL DE AREAS MARINAS PROTEGIDAS - Texto actualizado 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 that generate impacts on species and ecosystems and waste disposal of such activity; (Apartment replaced by art. 3rd of the Act No. 27.490 B.O. 17/12/2018)

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 In addition to the powers and duties conferred by this law and its regulation, the enforcement authority shall have the following:

I. Manage and monitor the National System of Protected Marine Areas.

II. Develop actions leading to the conservation and sustainable use of marine ecosystems through the management of marine protected areas, in a coordinated manner with the authorities of the national executive branch with competence in marine affairs.

III. To increase research for the adoption of conservation policies for marine ecosystems and natural resources in conjunction with the Secretariat of Government of Science, Technology and Productive Innovation, and the Secretariat of Government of Environment and Sustainable Development.

IV. Develop education and environmental information campaigns in accordance with the objectives of this Act.

V. Article with the Secretariat of the Government of Science, Technology and Productive Innovation and/or with the Blue Pampa Initiative, or which will replace it in the future, the relevant mechanisms for the realization of scientific research aimed at meeting the objectives of this law, as well as to adhere and/or incorporate the information obtained to the National System of Sea Data, or to replace it in the future.

VI. Prepare a management plan for each marine area that is established within five (5) years of its creation, through a consultative and participatory process, including a long-term ecological vision and protection through an ecosystem approach, a zoning if appropriate, a public awareness policy and mechanisms for control and monitoring.

VII. Develop the report contained in article 9 of this Act.

VIII. Form and dictate the rules of procedure of the advisory committees provided for in articles 10 and 11 of this Act.

IX. To approve studies, programmes, any project or activity to be carried out within the areas of the system, in coordination with the authorities with competence in the field; where appropriate.

X. Promote actions that encourage community participation in marine protected areas.

XI. To work with the institutions of the Scientific and Technological System, or to replace it in the future, the actions leading to the implementation of plans in which interdisciplinary projects are developed that include baseline research, the conservation of marine species and environments, as well as the use of renewable resources to meet the objectives of this law.

XII. Ensure access to information obtained under the National System of Protected Marine Areas in accordance with the provisions of Act No. 25,831 and its complementary and/or modifying standards.

XIII. Dictate the regulations that belong to it as an enforcement authority.

XIV. Apply penalties for violations of the law, its regulatory decree and regulations.

XV. In general, perform all acts and conventions that best serve the purposes of the law.

(Article replaced by Article 4 of the Act No. 27.490 B.O. 17/12/2018)

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

(Article replaced by Article 5 of the Act No. 27.490 B.O. 17/12/2018)

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 shall establish a non-binding standing advisory committee of the National System of Protected Marine Areas, which shall be chaired by the implementing authority and shall be composed of a representative of the Ministry of Environment and Sustainable Development, one of the Ministry of Foreign Affairs and Worship, one of the Government Secretariat for Science, Technology and Productive Innovation, one of the National Council for Scientific and Technical Research (CONICET), one of the Ministry of Agriculture and

They will be the functions of this committee:

I. Assisting the enforcement authority in achieving core institutional arrangements for its management;

ii. To guide the rational use of the human, financial and equipment resources available in other areas of the national State for the objectives of this law;

iii. Assist in the development and revision of management plans;

iv. To give an opinion on the agreements and guidelines for the management required.

The implementing authority may identify other specific functions for the non-binding standing advisory committee through a well-founded resolution.

The costs associated with representation in this advisory committee shall be borne by each organ or agency that is convened, having an ad honorem character.

(Article replaced by Article 6 of the Act No. 27.490 B.O. 17/12/2018)

ARTICLE 11. - The implementing authority may establish for each protected marine area a non-binding ad hoc advisory committee, duly representative of government agencies, scientists, universities and representatives of non-governmental organizations specialized in marine affairs, to facilitate the formulation, review and evaluation of the implementation of management plans for marine protected areas created.

Private legal persons covered by article 148 of the Civil and Commercial Code of the Nation participating in the advisory committee provided for in this article shall certify their registration with the General Inspectorate of Justice and carry out their activities in accordance with the existing legislation of the Argentine Republic.

(Article replaced by Article 7 of the Act No. 27.490 B.O. 17/12/2018)

ARTICLE 11 bis. - Non-governmental organizations with legal status in national, provincial, regional or municipal territory, which aim to develop activities related to this law and require participation in the ad hoc advisory committee, should be registered in a Register of Non-Governmental Organizations.

The National Register will have the functions:

(a) To register the existence and systematization of information of all non-governmental organizations with legal status in national, provincial, regional or municipal territory that require the participation of the ad hoc advisory committee.

(b) Provide information on the existence, background and functioning of such institutions, to anyone who requires it.

(Article incorporated by Article 8 of the Act No. 27.490 B.O. 17/12/2018)

ARTICLE 11 ter — The institutions shall submit to the implementing authority for recognition and registration:

(a) Proceedings;

(b) Nomin of Steering Committee;

(c) Legal personality; and

(d) Regulations and Rules.

Any modification of the statutes and the renewal of authorities due to expiration of the mandates shall be communicated by the Organizations Non-governmental organizations to maintain their recognition in force within a time limit that cannot exceed one hundred and twenty (120) days. After such a period of time, it shall proceed, in full, to withdraw from the Register.

(Article 9 of the Act No. 27.490 B.O. 17/12/2018)

ARTICLE 12. - In the event of a violation of the provisions of this Act, its regulations and those set out in the management plans, the enforcement authority shall be competent to apply the appropriate penalties and shall give intervention to the competent authorities.

(Article replaced by Article 10 of the Act No. 27.490 B.O. 17/12/2018)

ARTICLE 12 bis - Offences to this Act, its regulatory decree, the supplementary rules issued by the implementing authority and those established in the management plans shall be punished by:

(a) Perception in the case of minor offences;

(b) Fine of fixed units ten thousand (U.F. 10,000) to fixed units one million (U.F. 1,000.000);

(c) Special disqualification from one (1) to five (5) years;

(d) Suspension of up to one hundred and eighty (180) days of activities authorized and/or permitted by the implementing authority;

(e) Seizure of assets and/or effects involved.

Where the offence in question is in the areas detailed in Article 5 (a), (b) and (c) of this Law, the maximum fine may be up to fixed units of 10 million (U.F. 10,000.000).

Please refer to the national executive branch to issue the rules of procedure, subject to which the enforcement authority shall apply the sanctions, and due process must be ensured. They will be appealed to the National Appeals Chamber in the Administrative Disputes of the Federal Capital.

Attribution is delegated to the national executive branch to establish and update the value of fixed units, which may delegate to the implementing authority the semi-annual updating of the amounts on the basis of the variation in the General Level Majority Price Index, prepared by the National Statistical and Census Institute.

The actions to impose penalties for breaches of this law and its regulatory rules are prescribed at five (5) years. The term of limitation shall begin to be counted from the date of the commission of the offence.

(Article 11 of the Act No. 27.490 B.O. 17/12/2018)

ARTICLE 12 ter — National agencies should provide the necessary collaboration to enable the implementing authority to fulfil the assigned functions.

Agencies with competence in the maritime areas of the National System of Protected Marine Areas shall ensure due cooperation towards the enforcement authority in the field of compliance with this law.

Any entity or public authority that regulates activities to be carried out within the jurisdiction of marine protected areas established under this Act shall give prior intervention to the enforcement authority.

(Article 12 of the Act No. 27.490 B.O. 17/12/2018)

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.