THE MINISTER OF ENVIRONMENT AND PROTECTION OF LAND Law View July 8, 1986, n. 349 "Establishment of the Ministry of environment and rules on environmental damage"; Seen in particular art. 5, paragraph 2 of the Law of July 8, 1986, n. 349, which it gives the Ministry of the Environment the power to identify the national and international areas of ecological importance, fostering in them the creation of parks and nature reserves; Having regard to Law 6 December 1991, n. 394 "framework law on protected areas"; Seen in particular art. 8, paragraph 2, of the Law of 6 December 1991 n. 394, which provides that the state nature reserves identified according to the procedures' in art. 4 of the same law, are established by decree of the Minister for the Environment, in consultation with the region; Considering that the island of Vivara, for its many peculiarities 'of great landscape and environmental value, flora and fauna, historical, archaeological and geological-volcanology, and' always reported as a biotope of national interest, interest amply documented by numerous scientific contributions; Considering that under the Community program "Natura 2000" and its Italian project "Bioitaly", the Campania region, in accordance with Directive 92/43 / EEC proposed, among others, as Site of Community Importance (SCI) the entire "island of Vivara" (code IT 8030012); Given the extreme naturalistic interest of the entire system of small Tyrrhenian islands, of which the Campania archipelago with the island of Vivara is an integral part, in relation to the phenomenon of migration of the birds, who use it as a staging area, refuge and power; Considering that during migrations Vivara Island hosts contingents of high numerical strength of birds parked, in a number of protected species and not, even with very extensive and diversified distribution ranges between them, including: Tortora (Streptotelia turtur) quail (Coturnix coturnix), Song Thrush (Tordus philomelus), Woodcock (Scolopex rusticola), scops owl (Otus scops), nightjar (Caprimulgus europaeus), Grasshopper warbler (Acrocephalus schoenobaenus), Reed warbler (Acrocephalus scirpaceus), Subalpine warbler (Sylvia cantillans), Whitethroat (Sylvia communis), Garden Warbler (Sylvia borin), black Balia (Ficedula hipoleuca), Collared Flycatcher (Ficedula albicollis), Shrike (Lanius Larnius), Shrike (Lanius senator); It is given that this importance and 'amply documented by numerous scientific contributions that have, among other things, highlighted as the island of Vivara is affected by the presence of migratory species in the highest part of the year; Given that the spontaneous and man-derived flora is important habitat for food purposes and as a temporary refuge for species of birds above; Considering that the island of Vivara is an area of ​​great archaeological interest because 'there were discovered remains of settlements ETA' Bronze (culture "Apennine") and successive layers of other "cultures"; Considered altresi 'that the island of Vivara and' affected by tourist flow characterized by an uncontrolled landing of the craft that could compromise irreversibly the delicate terrestrial and marine environment ecosystem in question, pending altresi 'the modest area of ​​only 32 hectares; Given the law of the Campania region of 1 September 1993, n. 33 "Establishment of national parks and reserves in Campania", which identified as part of the protected natural area "Campi Flegrei" systems parks and reserves; The Order of the President of the Regional Council June 2, 1995, n. 5569, with whom he had been set up, with provisional perimeter and provisional safeguard measures, the Regional Park of Campi Flegrei which included the island of Vivara; Having regard to the Committee shall act for the natural protected areas of 2 December 1996, published in the ordinary supplement no. 183 to the Official Gazette no. 214 of 13 September 1997, by which was approved the update for the year 1996 of the three-year program for the natural protected areas from 1994 to 1996, which had identified the island of Vivara which area in which to establish a nature reserve of the State according to the broad definition attached to the resolution itself; Given the resolution of 12 November 1997, n. 8648, by which the Regional Council of Campania had established definitively the Regional Park of Campi Flegrei which also included the island of Vivara; Considering that, following the identification and demarcation of the area of ​​maximum, insisting the island of Vivara, from allocate a nature reserve, it had not been brought to completion the procedure provided for by the law 6 December 1991, n. 394, for the establishment of the state nature reserve island of Vivara; process which has suffered as a result of legislative changes: 1) art. 77 of Legislative Decree of 31 March 1998, n. 112, which provides for the establishment and the general discipline of the national reserves and the adoption of its safeguard measures "are operated consultation with the Joint Conference" in art. 8 of the Legislative Decree of 28 August 1997, n. 281; 2) art. 2, paragraph 23 of Law 9 December 1998, n. 426, which replaced Article. 7, paragraph 2, of the Law of 6 December 1991 n. 394, providing that the institution of state nature reserves and 'done in consultation with the regions; View the note of the Ministry of the Environment of 17 March 1999, prot. n. SCN / 1D / 99/4747, with which were forwarded to the Joint Conference of the founding decree of the state nature reserve "Island of Vivara" and its cartography, for the expression of opinion in accordance with art. 77, paragraph 2, of Legislative Decree 31 March 1998, n. 112; View the note of the Ministry of the Environment of 17 March 1999, prot. n. SCN / 1D / 99/4749 transmission to the aforementioned draft decree Campania region and its mapping to the cartel's expression on the establishment of the state nature reserve "Island of Vivara" in application of the provisions of art. 2, paragraph 23 of Law 9 December 1998, n. 426; Given the report supports the establishment of the state nature reserve "Island of Vivara" expressed by the Joint Conference pursuant to Art. 77, paragraph 2, of Legislative Decree 31 March 1998, n. 112, acts repertoire n. 138 / CU, 1 July 1999, sent to the Ministry of the Environment with a note from the Presidency of the Council of Ministers, prot. n. 3651/99 / C.3.4.1 / CU 12 July 1999; View the agreement expressed by the Campania region by resolution of the Regional Council n. 5306 of 6 August 1999, pursuant to art. 2, paragraph 23 of Law 9 December 1998, n. 426; Considering that in Step 3) of that decision the Campania region considered to indicate which management body of the state nature reserve a "permanent Management Committee" consisting of a chairman and eight members; Having regard to legislative decree 30 July 1999 n. 300, laying down rules on the reform of the Government; Considering that, following the Constitutional Court judgment no. 282 of 14 July 2000, by which and unconstitutional '' was declared art. 6 of the Regional Law of 1 September 1993, n. 33, and 'it decayed the establishment of the Regional Park of Campi Flegrei; View the note of the Ministry of Environment and Protection of Land, prot. DCN / 4D / 2002/4994 of 18 March 2002, with which it asks the Campania region to modify the aforementioned resolution of the county council point 3) n. 5306 of 6 August 1999 in so far as it was identified the dell'istituenda Management Agency state nature reserve island of Vivara; Given the decision of the Regional Council of Campania n. 1403 of 12 April 2002 in which you change the point 3) of the previous resolution of the junta n. 5306; Deemed it necessary to proceed towards the establishment of the state nature reserve called "Island of Vivara", under Articles 8, paragraph 2, and 17, paragraph 1, of the Law of 6 December 1991 n. 394, art. 77 of Legislative Decree 31 March 1998, n. 112 and Art. 2, but com-23, the law of 9 December 1998 n. 426; Decrees: Art. 1. Establishment and boundaries of the reserve and the state nature reserve 'set called "Island of Vivara", defined under the boundaries shown in the IGM cartography at scale 1: 25,000, filed in original at the Ministry of Environment and protection of the territory, which is an integral part of this decree.