National System of Marine Protected Areas. Sanctioned: November 19, 2014 Enacted: December 09, 2014
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Article 1 °-Institutional in the maritime spaces established in Articles 3, 4, 5 and 6 of Law 23,968 the National System of Marine Protected 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. In the Argentine Antarctic Sector and in the area of application of the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), approved by law 22,584, the rules of the aforementioned Convention, as well as the Antarctic Treaty approved by law 15.802 and its Protocol of Protection of the Environment, approved by law 24.216. This law shall not apply: (a) In maritime spaces under provincial jurisdiction under current legislation, with the exception of areas whose jurisdiction is previously transferred to the national State; (b) In interjurisdictional parks seafarers created by laws 26,446, 26,817 and 26,818.
ARTICLE 2 °-For the purposes of this law, marine protected areas are considered to be the natural spaces established for the protection of ecosystems, communities or biological or geological elements of the marine environment, including the subsoil, the associated marine columns, which because of their rarity, fragility, importance or singularity deserve special protection for the exploitation, 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 must be managed and used in a sustainable manner under one of the categories created by this law, in order to cover the needs of the inhabitants of the Argentine Nation without compromising the structure and functioning of natural ecosystems, in accordance with the guidelines laid down in the General Law of the Environment 25,675.
ARTICLE 5-For the purposes of this law, the implementing authority should establish marine protected areas under the following categories, which may be unique or combined for each area and
physically horizontal or vertical: a) National Marine Reserve Strict. Area of maximum permanent or temporary protection. Its aim is to conserve marine biodiversity and ecological processes in the long term by reducing to the maximum any anthropic impact and to be reserved as indispensable reference areas for scientific research and monitoring, as well as for the control and surveillance activities. Their use for these purposes must be strictly controlled and limited. They are prohibited in the National Marine Reserve, as established by the management plan of the same: i. Surface and submarine military exercises; ii. Surface water sports and submarines; iii. Hunting and fishing in any of its modalities; iv. Any type of exploration, exploration and extractive activity in the seabed and subsoil; v. The public recreational and educational visit; vi. The introduction, transplantation and propagation of chemical elements and biological products of any kind, even the seed or repopulation with native species. b) Marine National Park. Protected area with the aim of conserving marine biodiversity, landscape quality and large-scale ecological processes; ensuring controlled scientific, educational and recreational uses, admitting tourism as the only activity under the parameters set out in their respective management plan. They are banned in Marine National Park: i. Surface and submarine military exercises that generate impacts on species and ecosystems and waste of such activity; ii. Fishing under the modalities not covered by the management plan; iii. Any type of extractive activity in the seabed and subsoil; iv. Introduction, transplantation and propagation of chemical elements and exotic biological products. c) Marine National Monument. Protected area limited to the objective of preserving an attribute of special or unique interest in marine biodiversity or the quality of the landscape, guaranteeing the controlled scientific, educational and recreational uses, admitting to tourism as unique 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 banned from the National Marine Monument: i. Surface and submarine military exercises that generate impacts on species and ecosystems and waste of such activity; ii. Fishing under the modalities not covered by the management plan; iii. Any type of extractive activity in the seabed and subsoil; iv. Introduction, transplantation and propagation of chemical elements and exotic biological products; v. Any activity that disturbs or modifies the unique characteristic that justified its categorization. (d) Marine National Reserve for the Management of Habitats/Species: Marine Area to protect the identified needs according to the best scientific information of particular species or the maintenance of habitats, which is characterized by by a location limited to its special or unique interest and which may be permanent or temporary. They are prohibited in the National Marine Reserve for the Ordination of Habitats/Species: i. The military exercises of surface and submarines that generate impact on the species and the habitats and the waste of such activity; ii. Fishing under the modalities not considered in the management plan;
iii. Any type of extractive activity in the seabed and subsoil; iv. Introduction, transplantation and propagation of chemical elements and exotic biological products; v. Any activity that disturbs or modifies the unique characteristic that justified its categorization. e) Marine National Reserve. Protected area with the objective of conserving marine biodiversity, landscape quality and large-scale ecological processes, ensuring in a controlled manner the scientific, educational, recreational and sustainable uses of one or more of its resources, including areas designed to carry out specific conservation objectives. Its object is the ordering of economic activities according to the resource management and specific conservation objectives, in the framework of a management plan. They are banned from the National Marine Reserve: i. Surface and submarine military exercises that generate impacts on species and ecosystems and waste of such activity; ii. Fishing activities not considered in the management plan to be established; iii. Any type of non-sustainable extractive activity, which generates irreversible impacts on ecosystems and affects the conservation objectives of the area; iv. Introduction, transplantation and propagation of chemical elements and biological products exotic.
ARTICLE 6-The implementing authority must prepare a management plan for each marine area that is established within five (5) years from its creation, through a consultative and participatory process, that includes an ecological vision in the long term. time and protection through an ecosystem approach, a zoning if appropriate, a public awareness policy and mechanisms for monitoring and monitoring.
ARTICLE 7 °-The management plans to be established according to the previous article must be reviewed at least every five (5) years, and the modifications that are available must be published in the public access to the information of the application authority.
ARTICLE 8 °-In order to protect ecosystems and conserve marine biodiversity, primary considerations in the development and modification of management plans and interim management measures applicable to marine protected areas created, are the principles of environmental policy set out in article 4 ° of the General Law of the Environment 25,675 and the ecosystem approach.
ARTICLE 9 °-The implementing authority must present before the Congress of the Nation a report of five (5) years, a report on the state of marine conservation of the areas created 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 advisory committee, duly representative and inclusive of governmental bodies, scientists, universities and representatives of non-governmental organizations specialized in marine affairs, aimed at facilitating the formulation, review and evaluation of the implementation of management plans for the marine areas created.
ARTICLE 11. -The enforcement authority can set up other advisory committees to review and evaluate any aspect of conservation or management policies on the areas
ARTICLE 12. -In case of violation of the rules laid down in the management plan, the implementing authority shall provide intervention to the competent authorities.
ARTICLE 13. -The marine protected areas established at the time of the sanction of this law shall be governed under their respective rules of creation for a period of 5 (five) years. After that period, the national executive branch shall adjust the same to the provisions of this law, with the express indication of the management category and the system of administration and governance provided for in the preceding articles.
ARTICLE 14. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE NINETEENTH DAY OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND FOURTEEN.
-REGISTERED UNDER NO 27037-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Lucas Chedrese. -Juan H. Estrada.
Date of publication: 16/12/2014