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The MINISTER of agricultural food and forestry policies, having regard to the Decree of the President of the Republic, October 2, 1968 # 1639, as amended, concerning the implementing regulation of the Act July 14, 1965 # 963; Having regard to the Legislative Decree May 26, 2004, # 154 on modernization of fisheries and aquaculture products, in accordance with art. 1, paragraph 2, of the law March 7, 2003, n. 38; Having regard to the Ministerial Decree of January 12, 1995, n. 44, concerning the assignment of experimental fisheries management of bivalve molluscs management consortia in order to rational resource and an increase in the levy itself, published in the Official Journal No. 46 of February 24, 1995; Having regard to the Ministerial Decree of July 21, 1998, published in the Official Gazette n. 181 of August 5, 1998, adopting the measures May 21, 1998 Act implementation plan, clams, # 164; Having regard to the Ministerial Decree 1 December 1998, # 515, relating to the regulation on discipline of management activities of consortia of bivalve molluscs, published in Official Gazette No 73 of March 29, 1999; Having regard to the Ministerial Decree of December 22, 2000, published in the Official Gazette No 102 of May 4, 2001, laying down the rules of fishing for bivalve molluscs; Having regard to the Ministerial Decree of April 14, 2005, published in the Official Gazette No. 104 of May 6, 2005, containing the "procedure for the renewal of the entrustment of the management of fisheries management consortia of bivalve molluscs"; Having regard to the Ministerial Decree of February 7, 2006, published in the Official Journal No 40 of February 17, 2006, bearing the "new rules on custody and guardianship administration management consortia of bivalve molluscs offshore areas"; Having regard to the reg. (EC) no 1967/2006 of December 21, 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, in which happens to act, inter alia, the need to create an effective environment management, through an appropriate allocation of responsibilities between the community and the Member States; Having regard to the ministerial order of September 28, 2009, published in the Official Journal No. 240 of October 15, 2009, bearing the "confirmation of the number of permits to fishing bivalve molluscs with dredger hydraulic fan drive and rake from the vessel, until December 31, 2014"; Having regard to the Legislative Decree of January 9, 2012, # 4, on measures for the restructuring of fishing and aquaculture legislation, pursuant to art. 28, the law June 4, 2010, # 96; Having regard to the Ministerial Decree of May 7, 2012, published in the Official Journal No. 219 of September 19, 2012, bearing the "renewal for a further five years, entrusting fisheries management of bivalve molluscs management consortia already established and recognized under the decrees # 44/95 and 515/98; Having regard to the Ministerial Decree of January 26, 2012, adapting to Community rules on fishing licences; Having regard to the Decree of the President of the Council of Ministers in February 27, 2013, # 105, concerning the "regulation on the organisation of the Ministry of agricultural food and forestry policies, in accordance with art. 2, paragraph 10 (b) of Decree-Law No 95 July 6, 2012, converted, with amendments, by law No 135 August 7, 2012. Having regard to the reg. (EU) no 1380/2013 of December 11, 2013 on the common fisheries policy, amending regulations (EC) No 1954/2003 and (EC) no 1224/2009 of the Council and repealing Regulations (EC) No 2371/2002 and (EC) no 639/2004 of the Council, as well as decision 2004/585/EC; Having regard to the ministerial decrees which, within the different compartments of bivalve molluscs, fisheries management has been entrusted to the individual consortia management established and recognised under the terms of the Ministerial Decree of January 12, 1995, # 44 and 1 December 1998, the ministerial order no 515; Having regard to the ministerial order of September 23, 2014, published in the Official Journal No. 236 of October 10, 2014, with whom it was adopted the national management plan for fishing activities with the system hydraulic dredges and rakes from the vessel; See article 117, paragraph 2, letter s), of the Constitution, which gives the exclusive legislative powers the State's environmental protection and ecosystem; Given the directorial Decree July 30, 2014 prot. # 0016046, with which it was set up-without the burden of administration-the "permanent fisheries comparison table of bivalve molluscs"; Given the need to continue to ensure rational management and long-lasting maritime fisheries of bivalve molluscs in the compartments where they were established and recognized management consortiums, so as to ensure a uniform application of the method of sampling for all companies operating in the same geographical area; Considering the commitment of the community to apply a precautionary approach in taking measures to protect and conserve living aquatic resources and ecosystems and to provide for their sustainable exploitation; Consider, also, that remains the need to adopt appropriate measures to ensure the right balance between ability to levy and amount of available resources; Seen an opportunity, in the light of evaluations of technical and scientific information contained in the above mentioned national management plan, not to aggravate the fishing effort on the resource, keeping the same number of vessels activities enabled the levy; Considered that the protection and management of the resource bivalve molluscs are aimed at ensuring the responsible exercise of fishing, aimed at achieving a balance between fishing effort and the actual production capacity of the sea and therefore fall under the broader work of protecting the environment and the marine ecosystem; Given that reliance on management of fisheries management consortia of bivalve molluscs has, as a primary objective, the protection of shellfish themselves by identifying and implementing concrete initiatives for the protection of the resource and the need to ensure a constant monitoring on the biological state of the resource; Taking account also of the unanimous proposal of consortia of do not assign new permissions currently in place in the individual Compartments, as formulated at the meeting of October 2, 2014, under the "permanent fisheries comparison table of bivalve molluscs";
Decrees: Art. 1 1. The number of permits to fishing bivalve molluscs with hydraulic dredge and rakes for watercraft as well as identified in the naming of the fishing gear-pursuant to art. 2 Ministerial Decree January 26, 2012 mechanical Dredges, including Turbochargers (HMD) and mechanized Dredge (DRB), set in individual Compartments at the maritime administration custody to the individual consortia, cannot be increased until December 31, 2019. 2. In relation to the availability of resources, the Minister, upon proposal of the consortiums, will, as from 1 January 2020, the allocation of permits to fishing bivalve molluscs or possible revocation of permissions themselves. This Decree is published in the official journal of the Italian Republic.
Rome, December 29, 2014 the Minister: Martina
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