Key Benefits:
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Vu le environmental codeincluding articles L. 334-3 and R. 334-27 to R. 334-38;
Vu le Decree No. 2004-112 of 6 February 2004 concerning the organization of the action of the State at sea;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments;
Considering the decision of 11 January 2010 on the conduct of the procedure for the study and creation of a marine natural park of the Arcachon basin and its openness;
In view of the decree of the prefect of the Aquitaine region, prefect of the Gironde, and of the Atlantic marine prefect prescribing the opening of a public inquiry into the proposed creation of the marine natural park of the Arcachon basin and its opening on 3 December 2011;
In view of the evidence relating to the public inquiry, the results of the public inquiry, the report and conclusions of the investigating commissioner dated 2 March 2012;
Having regard to the documents relating to the consultation of individuals and organizations interested in the project;
Having regard to the advice of the prefect of the Aquitaine region, prefect of the Gironde, and of the Atlantic Maritime Prefect of 16 July 2012;
Considering the advice of the Scientific Council of the Marine Protected Areas Agency dated 28 February 2012;
Considering the advice of the Board of Directors of the Marine Protected Areas Agency dated March 15, 2012;
Considering the opinion of the National Council for the Protection of Nature of 4 June 2012,
Decrete:
It is created to the west of the Gironde department a marine natural park known as the "sea natural park of the Arcachon basin", defined by the following limits, with geographical coordinates expressed in the WGS 84 system:
- to the north, by parallel 44° 48 30,000'' N;
- to the west, by the points:
A: 44° 48 30,000'' N 01° 18 35,000'' W ;
B : 44° 34 09,000'' N 01° 21 30,000''' W ;
C : 44° 28 05,000'' N 01° 19 45,000'' W ;
- south, parallel 44° 28 05,000'' N;
- in the east, as well as in the Arcachon basin, by the land limit of the marine public domain, except:
between D and E points, where the limit is made by the segment linking D and E points:
D : 44° 38 58,05'' N 1° 08 51,02'' W ;
E : 44° 38 42,34'' N 1° 08 47,78'' W ;
- between points E and F, where the limit is made by the shoreline:
E : 44° 38 42,34'' N 1° 08 47,78'' W ;
F : 44° 38 41,55'' N 1° 07 06,54''' W.
This marine space includes the soil, basement and water mass that covers them.
The Management Board is composed of:
1° Seven representatives of the State and its public institutions:
(a) The commander of the Atlantic Maritime Area;
(b) The Interregional Director of the South Atlantic Sea;
(c) The Regional Director of the Environment, Planning and Housing of Aquitaine;
(d) The subprefect of the Arcachon district;
(e) The Departmental Director of the Territories and the Gironde Sea;
(f) The Director of the Adour-Garonne Water Agency;
(g) Aquitaine Regional Delegate of the Conservatoire de l'espace littoral et des rivages lacustres;
2° Sixteen representatives of local authorities and their groups:
(a) Two representatives from the Aquitaine region;
(b) Two representatives of the Gironde department;
(c) A representative of the commune of Lège-Cap-Ferret;
(d) A representative of the commune of Arès;
(e) A representative of the commune of Andernos-les-Bains;
(f) A representative of the commune of Lanton;
(g) A representative of the commune of Audenge;
(h) A representative of the commune of Biganos;
(i) A representative of the commune of Teich;
(j) A representative of the commune of Gujan-Mestras;
(k) A representative of the commune of La Teste-de-Buch;
(l) A representative of the commune of Arcachon;
(m) A representative of the intercommunal union of the Arcachon Basin (SIBA);
(n) A representative of the joint union for the revision and monitoring of the territorial coherence scheme of the Arcachon-Val de Leyre basin (SYBARVAL);
3° A representative of the Regional Natural Park of the Landes de Gascogne;
4° A representative of the contiguous marine protected area management agency, selected from among the management bodies of the national natural reserves of the Arguin bench and the Arès-Lège salty meadows;
5° Fifteen representatives of professional representative organizations:
(a) A representative of the Regional Committee on Maritime Fisheries and Marine Livestocks of Aquitaine;
(b) Three representatives of the Departmental Committee on Maritime Fisheries and Marine Livestocks of the Gironde;
(c) A representative of the organization of fishermen of Aquitaine;
(d) Four representatives of the Arcachon-Aquitaine regional conchyliculture committee;
(e) Two local representatives of the nautical industries;
(f) A representative of passenger transport professionals working on the Arcachon basin;
(g) A representative of the ports of the Arcachon basin;
(h) A representative of the Gironde Chamber of Commerce and Industry, under tourism activities;
(i) The director of the Gironde Agricultural Chamber or his representative;
6° Six representatives of local organizations of leisure users at sea:
(a) A representative of recreational fishing;
(b) A maritime hunting representative;
(c) A representative of sliding sports;
(d) A representative of sailing practice;
(e) A representative of motorized pleasure;
(f) A representative of the Gironde departmental committee of the federation of underwater studies and sports;
7° Six representatives of environmental and cultural heritage associations:
(a) Four representatives of local associations for the protection of marine environments, including one designated by the association France Nature Environnement (FNE);
(b) A representative of a competent local association in environmental education;
(c) A representative of local associations for the valorization of the cultural heritage linked to the sea;
8° Four qualified personalities:
(a) A qualified personality in the field of avifauna and marine and literal habitats;
(b) Two qualified personalities selected in scientific fields, including one under hydro-sedimentology;
(c) A qualified personality in the field of maritime training.
The Gironde Prefect and the Atlantic Maritime Prefect shall appoint by joint order:
1° The members of the management board referred to in 2° of Article 2, as well as their alternates, on the proposal of the legislative bodies of the territorial authorities or their groupings;
2° The members of the management board referred to in 3° to 7° of Article 2, as well as their alternates, with the exception of the member referred to in 5° i;
3° Qualified personalities mentioned in the 8th of Article 2.
Representatives of the State or its public institutions, mentioned in the 1st of Article 2, as well as the director mentioned in the 5th of the same article, may be represented by a member of the service or body to which they belong.
Qualified personalities referred to in 8th of Article 2 may give a warrant to another member of the Management Board.
The Prefect of the Gironde and the Maritime Prefect of the Atlantic perform the functions mentioned in theArticle R. 334-35 of the Environmental Code.
The State, the territorial authorities and the organizations associated with the management of the marine natural park ensure the coherence of their actions and the means they devote to them, in accordance with the following management guidelines:
1° Improve knowledge of the dynamics of the basin and its connection to the ocean, including hydro-sedimentary transport and ecosystem exchanges;
2° Preserving and restoring the specificity of lagoon biodiversity and the attractiveness of the basin and its openness for birds;
3° Ensuring the proper ecological functioning of environments, including marine marshes, by increasing demand for water quality and coherent management of natural wealth and uses;
4° To promote and support professional sectors, including fisheries and conchyliculture, in order to preserve jobs and enhance know-how, in a respectful of natural balances;
5° Promote practices respectful of the marine environment in nautical activities by adapting behaviours and adaptations and technological innovation;
6° To contribute to the development of natural, cultural and marine landscape heritages in order to preserve its maritime identity in the territory and to take it into account in development projects;
7° Responsabilize the whole population by raising awareness of the impacts of the uses on the marine natural balances of the basin and the benefits that result from these balances for its quality of life.
Within a period of three years from the date of publication of this Order, the Management Board shall develop the Marine Natural Park Management Plan on the basis of the management guidelines defined in section 6.
Each year, the Management Board sets its share program.
This program implements management guidance and management plan.
The Chief of the Navy Staff is the competent military authority to verify compatibility of the management plan with the missions entrusted to the Ministry of Defence. As such, it provides its prior management agreement, in accordance with 2° of Article R. 334-33 of the Environmental Code.
Once this agreement is reached, the management plan is subject to the advice of the Scientific Council of the Marine Protected Areas Agency and to the approval of its Board of Directors pursuant to sections R. 334-8 and R. 334-17 of the Code.
The Minister of Ecology, Sustainable Development and Energy, the Minister of Defence and the Secretary of State for Transport, the Sea and Fisheries are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 5 June 2014.
Manuel Valls
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Royal
Minister of Defence,
Jean-Yves Le Drian
Secretary of State
Transport, Sea
and fisheries,
Frédéric Cuvillier
