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 general code of public ownershipincluding article L. 2111-4;
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;
In view of the decision of 20 June 2008 on the conduct of the procedure for the study and creation of a marine natural park of the Gironde estuary and the Charente pertuis;
Considering the decree of the prefect of the region Aquitaine, prefect of Gironde, the prefect of the Vendée, the prefect of the Charente-Maritime and the marine prefect of the Atlantic prefect prescribing the opening of a public inquiry on the project of creation of the marine natural park of the estuary of the Gironde and the Charentian pertuis of 29 June 2011;
Considering the evidence of the public inquiry, the results of the public inquiry, the report and conclusions of the commission of inquiry dated 23 November 2011;
Having regard to the documents relating to the consultation of individuals and organizations interested in the project;
Considering the advice of the prefect of the region Aquitaine, prefect of Gironde, the prefect of Vendée, the prefect of Charente Maritime and the marine prefect of the Atlantic on 19 December 2011;
Considering the advice of the Scientific Council of the Marine Protected Areas Agency dated 17 November 2011;
Considering deliberation No. 2011-25 of the Board of Directors of the Agency of Marine Protected Areas carrying delegation to the office to give the final opinion on the proposed establishment of the marine natural park on the estuary of the Gironde and the Charentais pertuis in view of the conclusions of the public commission of inquiry dated 24 November 2011;
Considering the opinion of the National Council for the Protection of Nature of 2 December 2011;
Considering deliberation No. 2011-10 B of the Board of Directors of the Marine Protected Areas Agency dated 15 December 2011,
Decrete:
The specificity of the Gironde estuary and the pertuis is linked in particular:
1. To the remarkable diversity of marine habitats and the exceptional character of some of them, in particular the vases, limestone estrans, estuaries and their plumes as well as the migration corridors that relate to them.
2. The existence of rare and threatened species, including avifauna, marine mammals, marine turtles, sturgeon and other amphihalin fish, for which the Gironde estuary and Pertuis are of national and European interest.
3. To the great productivity of literal and marine wetlands, due to interconnected habitats and to a very rich ordinary biodiversity in marshes, clear, rivers, estrans, pertuis and offshore.
4. To marine wealth and sea products of recognized quality, worked by communities of conchylicultors and fishermen, indicators of the good state of the environment.
5. To the marine, port and industrial activities, structuring of an interregional economic fabric, and to the many tourist, leisure, and sporting activities that take place there.
6. To the importance of cultural and natural heritages, witnesses of a rich and ancient maritime passion shared by sailors, conchyliculers, professional and recreational fishermen, recreational boaters and sportsmen, both in estuaries, seaside, maritime spaces and islands.
It is created to the west of the departments of the Gironde, the Charente-Maritime and the Vendée a marine natural park called "sea natural park of the Gironde estuary and the Pertuis sea", defined by the following limits, the geographical coordinates being expressed in the WGS 84 system:
- to the east: by the earthly boundary of the shore of the sea;
- to the north, by parallel 46° 26.1 N;
- to the west, by a line linking the following points:
A: 46° 26,1 N - 02° 05,1 W
B: 46° 04.1 N - 02° 05.1 W
C: 45° 39.4 N - 01° 40.8 W
D : 45° 26,4 N - 01° 40,8 W
- south: parallel 45° 26.4 N.
The limit in estuaries is thus determined:
- for the Payré: east to the transverse boundary of the sea, corresponding to the line linking the path of the village of the port to the path of the Maisonnette, and west to the channel of the Payré;
- for the Lay: up to the transverse boundary of the sea, line formed by the extension of the part of the Braud canal located behind the belt dam of the marsh of Grues;
- for the Niortese Lip: to the old road bridge and the Brault locks;
- for the Charente: to the suspended bridge of Tonnay-Charente;
- for the Seudre: to the transverse boundary of the sea, located at the level of the Ribérou lock in Saujon;
- for the Gironde: to the salting limit of the waters located at the fire of the beak of Ambès.
The watercourses, canals, channels or ponds that are connected to the estuaries of the Niortian Sèvre, the Charente and the Gironde are excluded from the classification. The doors to the sea are also excluded from the park perimeter.
This marine space is of interest to the entire natural marine public domain and water areas of the artificial marine public domain.
It includes the soil, basement and water mass that covers them.
The Management Board is composed of:
1° Eleven 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 the Pays de la Loire;
(d) The Regional Director of the Environment, Planning and Housing of Poitou-Charentes;
(e) The Regional Director of the Environment, Planning and Housing of Aquitaine;
(f) The departmental director of the territories and the sea of Vendée;
(g) The departmental director of the territories and the sea of Charente-Maritime;
(h) The departmental director of the territories and the sea of the Gironde;
(i) The Director of the Adour-Garonne Water Agency;
(j) The director of the Conservatoire de l'espace littoral et des rivages lacustres;
(k) The director of the public institution of the Marais Poitevin;
2° Fifteen representatives of the local authorities and their relevant groups:
(a) A representative of the region Pays de la Loire;
(b) A representative of the Poitou-Charentes region;
(c) A representative of the Aquitaine region;
(d) A representative of the department of Vendée;
(e) Two representatives of the Charente-Maritime department;
(f) A representative of the Gironde department;
(g) Two representatives of the municipalities or public institutions of intercommunal cooperation of the Vendée involved in the marine natural park;
(h) Three representatives of the communes or public institutions of intercommunal cooperation of Charente-Maritime involved in the marine natural park;
(i) Two representatives of the municipalities or public intercommunal cooperation institutions of Gironde involved in the marine natural park;
(j) A representative of the Mixed Union for the Sustainable Development of the Gironde estuary;
3° A representative of the regional nature park(s) concerned;
4° Twenty-two representatives of professional representative organizations:
(a) A representative of the Regional Committee for Maritime Fisheries and Marine Livestocks of the Pays de la Loire;
(b) Two representatives of the Poitou-Charentes Regional Committee for Maritime Fisheries and Marine Livestocks;
(c) A representative of the Regional Committee on Maritime Fisheries and Marine Livestocks of Aquitaine;
(d) A representative of the approved departmental association of freshwater professional fishermen of the Gironde;
(e) A representative of the association of producer organisations of the Gulf of Gascogne;
(f) A representative of the regional conchyliculture committee of the Pays de la Loire;
(g) Three representatives of the Poitou-Charentes regional committee;
(h) A representative of the Aquitaine regional conchyliculture committee;
(i) A representative of granulate extractors;
(j) A representative of the shipowners;
(k) Two representatives of marine and port unions;
(l) A representative of the Federation of Nautical Industries;
(m) A representative of the great seaport of La Rochelle;
(n) A representative of the large seaport of Bordeaux;
(o) A representative of the French Electricity Union;
(p) Two port representatives (one with dominant pleasure, the other with dominant fishing) managed by a community.
A representative of the agricultural rooms of the Vendée, Charente-Maritime or Gironde;
5° Six representatives of user organizations:
(a) Two pleasure representatives;
(b) Two representatives of leisure fishing;
(c) A representative of the regional Olympic and Sports Committees;
(d) A representative of subaquatic leisure activities;
6° Seven representatives of environmental protection associations:
(a) A representative of a local association for the protection of marine environments designated by the association France Nature Environnement;
(b) A local representative of the League for the Protection of Birds;
(c) Five representatives of local environmental protection associations;
7° Eight qualified personalities:
(a) Two personalities proposed, under their natural environment management experience, by natural reserve management organizations located within or adjacent to the marine nature park;
(b) A competent figure in the area of sustainable development of fishing and marine crop activities;
(c) A competent personality in the field of conchyliculture;
(d) A competent personality in the field of hydrosedimental phenomena and coastal line management;
(e) A competent personality in the field of benthic ecosystems;
(f) A competent personality in the field of Estuarian circles;
(g) A competent personality in the field of maritime training.
The chair of the prefiguration structure of the Médoc Regional Natural Park or his representative attends the management council with an advisory voice.
I. - Three Geographical Committees shall be established within the Management Board to deal with matters, projects or activities limited to the marine environment:
- in respect of the geographical committee " estuary of the Gironde", in the space of the marine natural park delimited to the east of the line joining the tip of the Négade at the tip of the Coubre;
- in respect of the geographical committee "sea of Pertuis", in the space of the marine natural park delimited by the coastal spaces constituted by the pertuis of Maumusson, Antioch and Breton, subject to the provisions of the following paragraph;
- with respect to the committee "Côte Vendéen", in the space of the marine nature park delimited by the coastal strip of 1.5 nautical miles along the coast of Vendée, including the whole bay of the Aiguillon.
II. - The composition of the Geographical Committees is determined by the rules of procedure of the Management Board. They are members of the management board referred to in section 3, within two-thirds of its members, and respecting the general balance of the various colleges of the management board.
I. - After consultation with the prefect of the Vendée and the prefect of the Gironde with regard to their respective departments, the prefect of the Charente-Maritime and the maritime prefect of the Atlantic designate by joint decree, and on the proposal of the departmental associations of the mayors of the Vendée, the Charente-Maritime and the Gironde, the communes or public institutions of intercommunal cooperation mentioned at the g, h and i
II. - The prefect of Charente-Maritime and the Atlantic Maritime Prefect appoint by joint order:
1° The members of the management board referred to in 2° of Article 3, as well as their alternates, on the proposal of the legislative bodies of the territorial authorities or groups of communities designated under I of this Article;
2° The members of the management board mentioned in the 3rd to 6th of Article 3 and their alternates;
3° the qualified personalities mentioned in the 7th of Article 3.
Representatives of the State and its public institutions mentioned in the 1st of Article 3 may be represented by a member of the service to which they belong.
Qualified personalities referred to in the 7th of Article 3 may give a warrant to another member of the Management Board.
The prefect of the Charente-Maritime 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 and share scientific and empirical knowledge of marine environments, species and uses.
2. To preserve and restore ecological environments and features, in a sustainable balance between biodiversity and socio-economic activities.
3. Strengthen the "sea and land" link by the partnership of the actors concerned to preserve the quality and quantity of the water.
4. Promote and develop professional fishing activities (coast and estuarine), aquacultures and conchyliculture, in accordance with marine ecosystems.
5. Promote and develop port and industrial marine activities as well as leisure activities, respecting marine ecosystems.
6. To disseminate, with the greatest number, the passion of the sea and to involve each one in the preservation of the marine and coastal environment.
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 based on the management guidelines defined in section 8.
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 April 15, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
Minister of Defence,
Jean-Yves Le Drian
State Secretary for Transport, the Sea and Fisheries,
Alain Vidalies
