Decree No. 2015-424 Of April 15, 2015, For The Establishment Of The Marine Park Of The Estuary Of The Gironde And The Sea Of The Pertuis

Original Language Title: Décret n° 2015-424 du 15 avril 2015 portant création du parc naturel marin de l'estuaire de la Gironde et de la mer des Pertuis

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Keywords sustainability, ecology, environment, PROTECTION of NATURE and environment, natural marine park, PARC NATUREL MARIN of the ESTUARY of the GIRONDE and the sea of PERTUIS, CREATION, organization, Board of management, COMPOSITION, MISSION, operation, jurisdiction JORF n ° 0090 April 17, 2015 page 6810 text no. 6 Decree No. 2015-424 of April 15, 2015 for the establishment of the Park natural marine estuary of the Gironde and the sea of the Pertuis NOR : DEVL1133922D
ELI: https://www.legifrance.gouv.fr/eli/decret/2015/4/15/DEVL1133922D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/4/15/2015-424/jo/texte


Le Premier ministre,
Sur le rapport de la ministre de l'écologie, du développement durable et de l'énergie,
Vu le code de l'environnement, notamment ses articles L. 334-3 et R. 334-27 à R. 334-38 ;
Having regard to the general code of the property of public persons, including its article l. 2111-4;
Considering Decree No. 2004 - 112 February 6, 2004 on the organisation of the action of the Sea State;
Considering Decree No. 2004 - 374 of 29 April 2004 concerning the powers of the prefects, the Organization and the action of the State services in departments and regions;
Having regard to the order of June 20, 2008 relating to the conduct of the procedure of study and creation of a marine natural park of the estuary of the Gironde and the pertuis charentais;
Having regard to the order of the prefect of the region of Aquitaine, Gironde prefect of the prefect of Vendée, the prefect of Charente-Maritime and the prefect Atlantic maritime requiring the opening of a public inquiry into the project of creation of the Gironde estuary marine natural park and the pertuis charentais dated June 29, 2011;
Given related to the public inquiry, the results of the public survey, the report and the conclusions of the commission of inquiry dated November 23, 2011;
Seen related to consultation with individuals and organizations interested in the project.
Having regard to the opinion of the prefect of the region of Aquitaine, Gironde prefect of the prefect of Vendée, the prefect of the Charente maritime and maritime prefect for the Atlantic dated December 19, 2011;
Having regard to the opinion of the Scientific Council of the marine protected areas Agency dated November 17, 2011;
Having regard to decision n ° 2011-25 the Board of Directors of the Agency's marine protected areas on the office delegation to give the final opinion on the project of creation of the marine natural park on the estuary of the Gironde and Charente pertuis in the light of the conclusions of the commission of public inquiry dated November 24, 2011;
Having regard to the opinion of the national Council for the protection of nature dated December 2, 2011;
Viewed deliberation No. 2011-10 B, the office of the Board of Directors of the Agency's marine protected areas December 15, 2011 orders dated: chapter I:: Creation and delimitation of marine natural park of the estuary of the Gironde and the sea of Pertuis Article 1 more on this article...

The specificity of the estuary of the Gironde and the pertuis is linked including: 1. A remarkable diversity of marine habitats and the exceptional nature of some of them, especially the mudflats, calcareous mud flats, estuaries and their plumes as well as migration corridors relating thereto.
2A the existence of rare and endangered species, including birds, marine mammals, marine turtles, sturgeon and other diadromous fish, for which the Gironde estuary and the Pertuis are of national and European interest.
3. A great productivity of coastal and marine wetlands, due to interconnected habitats and a rich regular biodiversity in the marshes, tidal flats, rivers, pertuis, clear and offshore.
4. in marine resources and products of recognized quality sea, worked by the communities of shellfish farmers and fishermen, indicators of the condition of the media.
5. in maritime, port and industrial, structuring an interregional economic fabric, and many tourist activities, hobbies, and sports activities which are exerted.
6 A the importance of the cultural and natural heritage witnesses of a maritime passion rich and ancient shared by the sailors, shellfish farmers, professional and recreational boaters and fishermen athletes, both in the estuaries, the seafront, maritime as the Islands areas.


Article 2 more on this article...

It is created West of the departments of Gironde, Charente-Maritime and Vendée a referred to as marine natural park «natural marine park of the estuary of the Gironde and the sea of the Pertuis», defined by the following limits, coordinates are expressed in the WGS 84 system:-to the East: the land boundary of the shoreline of the sea;
-to the North by the parallel 46 ° 26.1 N;
-to the West by a line joining 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 - to the South: by latitude 45 ° N 26.4.
The limit in estuaries is thus determined:-for the Panda: East to cross the sea boundary, corresponding to the line connecting the road of the village of the port to the path of the log cabin, and West to the channel by the Panda;
-for the Lay: to the transverse limit of the sea, line formed by the extension of part of the canal of the located Braud behind the dyke of the swamp of cranes belt;
-for the Sèvre niortaise: up to the old road bridge and through the locks of the Brault;
-for the Charente: Tonnay-Charente suspension bridge;
-for the Seudre: to the limit and cross of the sea at the level of the Ribérou in Saujon lock;
-for the Gironde: to the limit of salinity of waters located in the fire of the Ambès beak.
Waters, canals, channels or marshy stream associated with estuaries of the Sèvre niortaise, the Charente and Gironde are excluded from the classification. Also excluded from the perimeter of the Park gates to the sea.
This maritime space are interested in all of the natural maritime public domain and the public maritime domain artificial water areas.
It includes the soil, subsoil and the body of water that covers them.

Chapter II: Management Board of marine natural park of the estuary of the Gironde and the Pertuis Article 3 in the sea read more of this article...

The Management Board is composed of: 1 ° 11 representatives of the State and its public institutions: has) the Commander of the Atlantic maritime area;
(b) the Manager of the Sea South-Atlantic;
(c) the regional director of the environment, regional planning and housing of the countries of the Loire;
(d) the regional director of the environment, regional planning and housing in Poitou-Charentes);
(e) the regional director of the environment, regional planning and housing of Aquitaine);
(f) the departmental Director of the territories and the sea of the Vendée);
(g) the departmental Director of territories and the sea of the Charente-Maritime;
(h) the departmental Director of territories and the sea of the Gironde);
(i) the Director of the Adour-Garonne water agency);
(j) the Director of the Conservatory of coastal areas and lake shores);
(k) the Director of the public establishment of the Marais poitevin);
2 ° 15 representatives of local authorities and their relevant groupings: a) a representative of the Pays de la Loire region.
(b) a representative of the region Poitou-Charentes;
(c) a representative of the Aquitaine region;
(d) a representative of the Department of Vendée);
(e) two representatives of the Department of Charente-Maritime;
(f) a representative of the Department of the Gironde);
g) two representatives of the municipalities or inter-municipal cooperation of the Vendée public institutions involved in marine natural park;
h) three representatives of the municipalities or inter-municipal cooperation of the Charente-Maritime public institutions involved in marine natural park;
i) two representatives of the municipalities or inter-municipal cooperation of Gironde public institutions involved in marine natural park;
(j) a representative of the mixed syndicate for the sustainable development of the estuary of the Gironde);
3 ° a representative of the regional natural parks concerned;
4 ° twenty - two representatives of organisations of professionals: a) a representative of the regional Committee of maritime fisheries and marine farms of the country of the Loire;
(b) two representatives of the regional Committee of maritime fisheries and marine farms in Poitou-Charentes;
(c) a representative of the regional Committee of maritime fisheries and marine farms of Aquitaine;
(d) a representative of the approved departmental association of professional fishermen in freshwater of the Gironde);
(e) a representative of the association of organisations of producers of the Bay of Biscay);
f) a representative of the regional Committee shellfish of the countries of the Loire;
g) three representatives of the regional shellfish of Poitou-Charentes.
h) a representative of the regional Committee shellfish of Aquitaine;
(i) a representative of the extractors of aggregates);
(j) a representative of the shipowners);
k) two representatives of the maritime and port unions;
(l) a representative of the Federation of nautical industries);
m) a representative of the large seaport of La Rochelle;
(n) a representative of the largest sea port of Bordeaux);
o) a representative of the French Union of electricity;
p) two representatives of ports (one in dominant craft, the other dominant fishing) managed by a community.
A representative of the Chambers of agriculture of the Vendée, Charente-Maritime and Gironde;
5 ° six representatives of user organisations: has) two representatives of the pleasure craft;

(b) two representatives of recreational fishing;
(c) a representative of the regional Olympic and sports committees;
(d) a representative of the underwater recreational activities);
6 ° seven representatives of associations of environmental protection: a) a representative of a local association for the protection of the marine environment designated by the association France Nature Environnement;
b) a local representative of the League for the protection of birds;
(c) five representatives of local associations for the protection of the environment;
7 ° eight qualified personalities: has) two personalities proposed in the title of their experience in management of natural environments, by management agencies of nature reserves located within the perimeter of the marine or contiguous natural park;
(b) a competent personality in the field of the sustainable development of farming and fishing activities;
(c) a competent personality in the field of shellfish;
d) a competent personality in the field of hydro events and management of the coastline;
(e) a competent personality in the field of benthic ecosystems);
(f) a competent personality in the field of estuarine environments);
g) a competent personality in the field of maritime training.
The president of the structure of foreshadowing of the regional natural park of the Médoc or his representative attends the Management Advisory Board.


Article 4 more on this article...

I. - Are created within the management board three geographic committees to deal with issues, projects or activities whose effects on the marine environment are limited:-in regard to the geographic "Gironde estuary' Committee, space of the marine natural Park bounded on the East by the line joining the tip of the Negade Coubre-tipped;
-with regard to the geographic 'sea of the Pertuis' Committee, to the space of the marine natural Park bounded by coastal areas consisting of Maumusson pertuis, Antioch and Breton, subject to the provisions of the following paragraph.
-with regard to the Committee 'Vendée Coast', the space of the marine natural Park bounded by the coastal strip of 1.5 nautical miles along the coast of the Vendée, including across the Bay of Aiguillon.
II. - The geographical membership is set by the rules of procedure of the Management Board. They consist of members of the Board of management referred to in article 3, within the limits of two-thirds of its members, and in accordance with the general balance of the different colleges of the Management Board.


Article 5 read more on this article...

I. - After consultation with the prefect of Vendée and the prefect of the Gironde for their respective departments, the prefect of Charente-Maritime and the prefect Atlantic maritime designate by joint order, and on a proposal of departmental associations of mayors of the Vendée, Charente-Maritime and Gironde, municipalities or intermunicipal cooperation establishments mentioned in g h and i of 2 ° of article 3.
II. - The prefect of Charente-Maritime and the prefect Atlantic maritime call by joint order: 1 ° the members of the Management Board referred to in 2 ° of article 3, as well as alternates, on the proposal of the legislative organs of territorial communities or groups of communities designated pursuant to this section I;
2 ° the members of the Management Board referred to the 3 ° to 6 ° of article 3 as well as their alternates.
3 ° the qualified persons mentioned in 7 of article 3.


Article 6 read more on this article...

The representatives of the State and its public institutions referred to in 1 ° of article 3 may be represented by a member of the service to which they belong.
Qualified persons mentioned in 7 of section 3 may mandate another Member of the Board of management.


Article 7 read more on this article...

The prefect of Charente-Maritime and the Atlantic maritime prefect duties referred to in article R. 334 - 35 of the code of the environment.

Chapter III: Guidelines for management of marine natural park of the estuary of the Gironde and the Pertuis Article 8 in the sea read more of this article...

The State, local authorities and agencies associated with the management of marine natural park ensure the consistency of their actions and ways that they devote, in respect of the following management guidelines: 1. enhancing and sharing scientific and empirical knowledge of marine environments, species and uses.
2 preserve and restore environments and ecological features, in a sustainable balance between biodiversity and socio-economic activities.
3. strengthen the link 'sea and Earth' by the partnership of stakeholders in order to preserve the quality and quantity of water.
4. to promote and develop the activities of professional fishing (coastal and estuarine), aquaculture and shellfish, in respect of marine ecosystems.
5. to promote and develop maritime port and industrial activities as well as leisure activities, in respect of marine ecosystems.
6. disseminate the greatest number, the passion for the sea and involve everyone in the preservation of the marine and coastal environment.


Article 9 read more on this article...

Within a period of three years from the date of publication of this Decree, the Management Board develops the management plan of the marine natural park on the basis of the management guidelines laid down in article 8.
The Management Board shall fix each year its programme of actions.
This program implements the management guidelines and management plan.
The Chief of staff of the Navy is the military authority to check the compatibility of the management plan with the tasks entrusted to the Ministry of defence. As such, it gives its prior approval on the management plan, in accordance with the provisions of 2 ° of article R. 334 - 33 of the code of the environment.
Once this agreement has been collected, the management plan is subject to the opinion of the Scientific Council of the agency - marine protected areas and the approval of its Board of directors pursuant to articles R. 334 - 8 and R. 334 17 of the same code.

Chapter IV: Final provisions Article 10 read more on this article...

The Minister of ecology, sustainable development and energy, the Minister of defence and the Secretary of State for transport and sea fishing are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Is April 15, 2015.
Manuel Valls by the Prime Minister: Minister of ecology, sustainable development and energy, Ségolène Royal the Minister of defence, Jean-Yves Le Drian the Secretary of State responsible for transport, sea and fishing, Alain Vidalies