Environment Minister having regard to act July 8, 1986, # 349 "establishment of the Ministry of the environment and rules on environmental damage"; See in particular art. 5, paragraph 2, of Act July 8, 1986, n. 349, which gives the Ministry of the environment the authority to identify the areas of naturalistic importance nationally and internationally, promoting in them the establishment of nature reserves and parks; Having regard to law No 394 December 6, 1991 "framework law on protected areas"; Visto l'art. 8, paragraph 2, of the law December 6, 1991, # 394, on the natural protected areas, which provides that State nature reserves identified in accordance with the modalities laid down in art. 4 of the same law are established by Decree of the Minister of the environment after consultation with the region; Having regard to the Decree of the President of the Republic of March 13, 1976, n. 448, which have been given full and complete effect to the International Convention signed in Ramsar on February 2, 1971, on Wetlands of international importance; Having regard to the Ministerial Decree of May 18, 1981, # 141, with whom the Minister of agriculture and forestry said the area of "Torre Guaceto" wetland of international importance in implementation of the Ramsar Convention; Having regard to the Ministerial Decree of December 4, 1991 by which the Minister of the environment, in consultation with the Minister of the merchant marine, has set up a marine nature reserve called "Torre Guaceto", interesting part a sea overlooking the wetland identified with the aforementioned ministerial Decree No 141 of May 18, 1981; Whereas under the Community programme "Natura 2000" and its Italian project "Bioitaly" the region Apulia, under Directive 92/43/EEC "habitats", proposed, among others, such as sites of Community importance (SCIs) areas of Torre Guaceto and stain of s. Giovanni (IT9140005); Given that the area of Torre Guaceto ' was identified by the Puglia region as a special protection area (SPA acronym IT9140008) under Directive 79/409/EEC "Convention of wild birds"; Given the high natural value of the wetland, ecological and archaeological reserve of Torre Guaceto, characterized by the presence of well laid out Salicornietum fructicosae Salsoletun sodae coenoses plants themselves as Phragmitetum australis, and along with flaps preserved dune with plants typical of Agropyretum and Ammophiletum and large nuclei of Mediterranean as well as by the presence of remains of a Neolithic village; Considering its location, habitats and trophic networks in it make this site an important wintering area and rest during migrations to significant contingents of numerous bird species associated with aquatic environments, belonging to different groups, including Grebes, herons, ducks, Rails, Charadridi, Waders, Gulls, Turns and Prey who find here the suitable conditions to carry out part of their biological cycle; Having regard to the note prot. 123/EC of January 22, 1992, by which the regione Puglia delivers a favourable opinion on the extension of the wetland of Torre Guaceto; Considering that the resolution of the Committee for protected areas of December 2, 1996, published in the ordinary supplement to the official journal # 183 n. 214 of September 13, 1997, by which it was approved the update for the year 1996 of three-year program for the national parks of 1994-96, has identified the area of Torre Guaceto which area in which establish a State nature reserve, according to the definition of maximum attached to the resolution itself; Given that, below the identification and delimitation of area to be allocated to the nature reserve parks Committee by resolution of December 2, 1996, has not been completed the procedure, provided for by law No 394 of 1991, for the establishment of the nature reserve of "Torre Guaceto," procedure for legislative changes to the effect : 1) of art. 77, paragraph 2, of Legislative Decree No. 112 of 1998 which provides for the establishment and the general discipline of the national reserves and the taking of safeguard measures "are operated in consultation with the" Joint Conference "under art. 8 of Legislative Decree No. 281 of 1997;
2) of art. 2, paragraph 23, of the law # 426 of 1998 which substitute the art. 7, paragraph 2, of law No 394 of 1991 by providing that the imposition of State nature reserves is carried out in liaison with the region; Visto l'art. 2, paragraph 37, December 9, 1998, law No. 426, which provides that a decree of the Minister of the environment, in consultation with the region and local authorities with territorial stakeholders, managing marine protected areas December 31, 1982, laws # 979, and December 6, 1991, n. 394, is entrusted to public bodies, scientific institutions or environmental associations recognized; Having regard to the opinion of the Council of State, section II, of April 14, 1999 which, in response to the question put by the Ministry of the environment concerning the entrustment of the management of marine protected areas established in waters bordering State land protected areas, she uttered by clarifying that the regulations referred to in the preceding paragraph has tacitly repealed art. 19, paragraph 2, of the law December 6, 1991, n. 394, and constitutes the primary legislative representative in the management of marine protected areas; Having regard to the note prot. 11268 of June 19, 1997 by which the municipality of Carovigno demanded custody in the management of protected natural area; Considered that the municipality of Carovigno, Council resolution # 72 of October 27, 1997 expressed, albeit with conditions, favourable to the establishment of the national natural reserve of Torre Guaceto; Having regard to the note prot. 67782 of October 10, 1997 by which the municipality of Brindisi has requested the management of the protected natural area; Having regard to the order of the Minister of the environment of February 20, 1998 he renewed the Board of reserve of the natural marine reserve of "Torre Guaceto"; Visto l'art. 2, paragraph 16, of December 9, 1998, law No. 426, which provides that "the Board of reserve under art. 28 of Act No. 979 of 1982, is established at the institution he delegated the management of the marine protected area and is presided over by the representative appointed by the Minister of the environment. The Commander of the local harbour master or his nominee shall participate in the work of the Commission in reserve as a member "; Having regard to the note of the Ministry of environment of April 8, 1999, prot. # SCN/99/lD/6230, which were broadcast the schema of the Decree of the State natural reserve "Torre Guaceto" and its mapping to the Joint Conference for the expression of opinion in accordance with art. 77, paragraph 2, of legislative decree March 31, 1998, n. 112; Having regard to the note of the Ministry of environment of April 8, 1999, prot. # 99/SCN/1 d/6241, transmission to the Puglia region of the aforementioned draft decree and its cartography for the expression of understanding on the establishment of the State natural reserve "Torre Guaceto" pursuant to the provisions in art. 2, paragraph 23, December 9, 1998, law # 426; Given the favourable opinion expressed by the Joint Conference, pursuant to art. 77, paragraph 2, of legislative decree March 31, 1998, n. 112, repertoire acts # 136/M.c. of 1 July 1999, sent to the Environment Ministry with note from the Presidency of the Council of Ministers, prot. # 3559/99/c. 3.4.1; Gained the understanding with Adriatic Euroregions, expressed with deliberazione della giunta regionale n. 993 of July 15, 1999, pursuant to art. 2, paragraph 23, December 9, 1998, law # 426; Having regard to the opinion of the province of Brindisi, expressed in note prot. # 9998/EA of December 17, 1999, pursuant to the provisions of art. 2, paragraph 37, December 9, 1998, law # 426; Deemed it necessary to proceed to the establishment of the national natural reserve called "Torre Guaceto", in accordance with articles 8, paragraph 2, and 17, paragraph 1, of law No 394 December 6, 1991, art. 77 Legislative Decree 112 of March 31, 1998 and art. 2, paragraph 23, December 9, 1998, law # 426;
Decrees: Art. 1. Establishment and boundaries of the reserve is established the national natural reserve called "Torre Guaceto" defined under the boundaries shown in the IGM cartography in scale 1:25,000, filed in the original at the Ministry of environment, which is an integral part of this Decree.