The Minister of environment, land and sea protection having regard to law no 979 December 31, 1982 laying down rules for the defense of the sea, and in particular title V on marine reserves; Having regard to act July 8, 1986, n. 349, establishing the Ministry of the environment; Having regard to the framework law on protected areas December 6, 1991, n. 394, and subsequent amendments; Visto l'art. 1, clause 1.0, December 24, 1993, law n. 357, with which the functions of the abolished Ministry of merchant shipping in the fields of defence and protection of the marine environment shall be transferred to the Ministry of the environment; Having regard to law no 426 December 9, 1998 laying down new environmental measures, and in particular art. 2, paragraph 37, as supplemented by art. 17, paragraph 4, of law March 23, 2001, n. 93, which provides that a decree of the Minister of the environment, in consultation with the region and local authorities with territorial stakeholders, the management of marine protected areas is entrusted to public bodies, scientific institutions or recognized environmental associations, also associates with one another; Having regard to the Legislative Decree July 30, 1999, n. 300, government organization reform; Given the general agreement concluded regarding marine protected areas between the Ministry of environment and the Sicilian region on 7 March 200.1, which stipulates the need to reach an agreement with the region for the award in the management of marine protected areas that fall in regional territories; Having regard to act July 31, 2002, # 179, incorporating new provisions in environmental matters and in particular art. 8, related to the operation of marine protected areas; Having regard to the Decree of the President of the Republic August 3, 2009, # 140, regarding the organisational regulations of the Ministry of environment and protection of land and sea, publish on 1 St October 2009 in the Official Journal No. 228; Having regard to the order of the Minister of the environment November 12, 1986 marine protected area's founding «Ustica island '; Having regard to the Convention of July 5, 1987 concluded with the municipality of Ustica for management of the marine protected area and its Decree of approval dated October 15, 1987, which provided for the duration of custody until July 2005; Having regard to the Decree of the Ministry of environment and territory March 14, 2003 that revoked the Ustica marine protected area management to common solving invoking the Convention, pursuant to art. 13 in the same, and he entrusted, pending the identification of a different administration, leading to the Palermo port authority for a period of six months; Having regard to the Decree of the Ministry of environment and territory DEC/DPN/1033 of December 31, 2003, which extended the entrustment of interim management of the marine protected area at the Palermo port authority until June 30, 2004; Having regard to the Decree of the Ministry of environment and territory of June 30, 2004 with which it was entrusted with the management of the marine protected area in the municipality of Ustica; Having regard to resolution 10/2004/P on September 30, 2004 with which, as regards the Ministerial Decree, the Court of Auditors has refused the visa, deeming the paragraph 2 of art. 19 of law No 394 of 1991,-which provides, where a marine protected area is established in the waters adjacent to a protected area on Earth, that management is attributed to the subject responsible for the latter-not repealed depending on the specialty of the standard contained in it, by the aforementioned art. 2, paragraph 37 of the law # 426 of 1998, and then coming to the conclusion that the Ustica marine protected area management responsibility to the managing subject of the regional natural reserve of Ustica established by Decree regional assessorile November 20, 1997 in area bordering the existing marine protected area; Having regard to the Decree of the Ministry of environment and territory October 10, 2005 registered at the Central Office of budget on October 19, 2005, which-considering himself to exclude the application of art. 19, paragraph 2, of law No. 394 of 1991 is not, in the present case, the marine protected area adjacent to a protected area national terrestrial-has again placed the entrustment of the management of the marine protected area in the municipality of Ustica; Considering that the said decree October 10, 2005, hasn't improved since it was submitted to the Court of Auditors and was not preceded or followed by the expected agreement with the institution with custody of management, nor contain any unilateral regulation governing the management activities and that, in fact, the same, even after the adoption and communication of this Decree to the city of Ustica , it was performed by the Palermo port authority, in order to allow the continuity of the action management; Considering that the Council of State, again asked for an opinion in order to settle doubts of interpretation about the recalled paragraph 2 of art. 19 of law No. 394 of 1991, as it is not explained if the standard is applied in the presence of terrestrial protected areas national or regional or by both, being the standard itself but included in Title II of the Act concerning the «national parks», he expressed on August 24, 2007-section two, opinion 200,702,675-confirming the previous opinion # 1976 made the repeal of that article in about 1,998 and excluding so that the management of a marine protected area bordering an area non-State protected land must-be entrusted in a binding manner in the managing subject of the latter; Given that, following the meeting held on July 30, 2008 with representatives of administrations and institutions concerned, in which it reaffirmed the necessity of not procrastinating further starting from ordinary operations and highlighted the preferibilita ' Consortium type, the President of the regional province of Palermo sent by note prot. # 128,836 of November 17, 2008 a memorandum of understanding signed by the province and the municipality of Ustica, aimed at the establishment of a consortium for the management of the marine protected area, as well as the proposal for a statute of the same; Considering that it is subsequently received by an act of formal notice dated December 22, 2008 prot. # 8701, from the Mayor of Ustica, already a signatory of the said Protocol, by which, on the basis of the aforementioned decree October 10, 2005, it requires the Administration to provide for the assignment of managing the sole municipality of Ustica; Given that the regional province of Palermo with note prot. # 148,676 of December 30, 2008, communicating the decision of the Municipal Council of Ustica at the sitting of December 21, 2008 to reject the proposed Statute of the consortium management, demanded, in line with art. 19, paragraph 2, of law No 394 of 1991, in: as managing body of Earth's natural reserve contiguous exclusive custody of the management of the marine protected area; Considered that the municipality of Ustica with note prot. # 445 of January 27, 2011 forwarded the resolution to no. 5 of January 25, 2011 to approve the management plan for the year 2011 of the marine protected area; Having regard to the results of the meeting held on March 23, 2011 where: the municipality of Ustica has confirmed its willingness to cater exclusively to the management of the protected area;
the regional province of Palermo is declared available to participate in a consortium management, either, which made the decision to entrust exclusively to the municipality, to provide the same municipality the largest institutional collaboration;
the Sicilian region has drawn attention to the need to take into account instances expressed from the territory; Having regard to the note prot. 001.3246 of April 28, 2011 2011-GAB-with which, following the views expressed by the meeting in March 23, 2011, it was requested to the municipality of Ustica by integrating the annual management plan already submitted by proposing to ordinary operation, having particular regard to human resources officers identified, in full compliance with the provisions contained in art. 8 of law No 179 of 2002, and it was also required to the regional province of Palermo to contribute to the definition of the management of the marine protected common proposal or supporting Ark outlining a possible different trim with the preparation of a management plan; Having regard to the note prot. # 2641 of May 12, 2011 by which the Comune di Ustica sent the deliberation of the Council n. 20 of May 9, 2011 on the rescheduling of the 2011 year integrated management plan as required by the Administration about normal operation; Considering that from part of the province of Palermo is not received no other proposal for management of the marine protected area, and that at its meeting on May 26, 2011, the same province has motivated this decision by acknowledging the position of Comune di Ustica targets exclusive management of the protected area, however, confirming its collaboration with the same municipality to ensure coherence and synergy of the management of the marine activities with those of the regional reserve terrestrial; Estimated that the proposal for the management of the marine protected area presented by the city of Ustica is consistent with institutional aims; Given that there is no technical impediment, and administrative conditions, final custody of the management of the marine protected Ustica Island to the municipality; Having regard to the note of the Minister of the environment, land and sea protection prot. Gab-2011-34787 of November 30, 2011 with which it was requested, pursuant to art. 2, paragraph 37, December 9, 1998, law # 426, the opinion of the regional province of Palermo and Ustica Municipality's opinion concerning the draft decree concerning the entrustment of the management of the marine protected area "Isola di Ustica» to the municipality of Ustica; Given the favourable opinions on the draft decree for the entrustment of the management of the marine protected area "Isola di Ustica» to the municipality of Ustica, expressed by the city of Ustica with note prot. # 258 of January 23, 2012 and by the regional province of Palermo with note prot. # 10979 of January 31, 2012; Having regard to the notes of the Minister for the environment and protection of land and sea. # 3903 of March 6, 2012 and 2012-GAB-prot. # 3904 of March 6, 2012 2012-GAB-with whom, about the draft decree concerning the entrustment of the management of the marine protected area "Isola di Ustica» to the municipality of Ustica, are you requests, respectively, the understanding of the Sicilian region, pursuant to art. 2, paragraph 37, of law, December 9, 1998, # 426, and art. 3 of the MOU of March 7, 2001 concluded between the Ministry of environment and the Sicilian region, and the opinion of the Joint Conference, pursuant to art. 77, paragraph 2, of legislative decree March 31, 1998, n. 112; Having regard to the agreement of the Sicilian region on the draft decree for the entrustment of the management of the marine protected area "Isola di Ustica» to the municipality of Ustica, transmitted with note prot. # 18689 of March 23, 2012 in which the region itself has shown that the financial resources needed for the management of the marine protected area should not, however, charge on the budget of the Sicilian region; Having regard to the opinion of the Joint Conference on the draft decree for the entrustment of the management of the marine protected area "Isola di Ustica Ustica, expressed in the Common ', sitting of April 4, 2012, April 5, 2012 # 1785 acts of repertoire where it was highlighted that technical headquarters, given the problem of scarcity of funds highlighted both the Ministry of environment and territory that for the municipality of Ustica , it is hoped that the marine protected area can benefit from Community funds through the incorporation into the operational programmes financed by the European Regional Development Fund (ERDF); Final review to ensure the expectations of the management of the marine protected area "Isola di Ustica»;
Decrees: 1. the management of the marine protected area "Isola di Ustica» is entrusted to the municipality of Ustica. 2. The award in management lasts five years and is renewable by express decision of the Ministry of environment and protection of land and sea. 3. within the period of sixty days from the date of registration of this provision, will be concluded with the municipality of Ustica the Convention containing the regulation of management activities. 4. The Palermo port authority, Interim Manager of the marine protected island of Ustica, Ustica will ensure collaboration with the municipality for the purpose of carrying out the technical and administrative procedures necessary for the transfer of management.
Roma, April 24, 2012 the Minister: Clini Recorded the Court of Auditors on August 28, 2012 supervising office acts Ministry of infrastructure and transport and Ministry of the environment and protection of land and sea, registry # 10, sheet # 249