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The DIRECTOR GENERAL of sea-fishing and aquaculture Saw art. 117, paragraph 2, letter s), of the Constitution, which gives the exclusive legislative powers the State's environmental protection and ecosystem; Having regard to the Legislative Decree July 30, 1999, n. 300, bearing the "reform of the Government in accordance with art. 11 March 15, 1997 law # 59 and subsequent amendments and additions "; Having regard to the Legislative Decree March 30, 2001, n. 165 on the "general rules on labour sort employed by public administrations"; Having regard to the Decree of the President of the Council of Ministers No. 105 of February 27, 2013 laying down provisions relating to the organisation of the Ministry of agriculture, food and forestry, in accordance with art. 2, paragraph 10-ter of Decree-Law No 95 July 6, 2012, converted, with amendments, by law, August 7, 2012 # 135; Having regard to the Decree of the President of the Council of Ministers of February 18, 2014 with which Dr. Riccardo Rigillo has been appointed Director General of the Directorate General of sea-fishing and aquaculture; Having regard to the Decree of the President of the Republic, October 2, 1968 # 1639, bearing the "Regulation for the execution of the law July 14, 1965, # 963 concerning the discipline of sea fishing"; Having regard to the Legislative Decree May 26, 2004, n. 153, on the "implementation of law March 7, 2003, n. 38, in the sea fisheries sector"; Having regard to the Legislative Decree May 26, 2004, n. 154, bearing the "modernization of fisheries and aquaculture products, in accordance with art. 1, paragraph 2, of the law March 7, 2003, n. 38 "; Visto l'art. 31 entitled "measures for the development of applied research to Fisheries Act October 30, 2014", # 161, containing "Provisions for fulfilment of the obligations arising from Italy's membership of the European Union-European law 2013-bis"; Having regard to the reg. (EC) of the Council of December 21, 2006, # 1967/2006 on the "management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea" in changing the reg. (EEC) No 2847/93 and repealing reg. (EC) 1626/94 "; See in particular art. 13 of Regulation No 1967/2006 allowing Member States to apply for a derogation to the prohibitions on minimum distance and depth for the use of towed gears, such as boat trawler, provided that it is justified by specific geographical constraints, where the fishing activities have a significant impact on the marine environment and affect a small number of boats and provided that they cannot be exercised with other tools and form part of a management plan in accordance with art. 19 of the regulation; Having regard to the reg. (EC) n. 1224/2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy; 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 and repealing Council regulations (EC) No 2371/2002 and (EC) no 639/2004 of the Council, as well as decision 2004/585/EC; See, in particular, article. 7 paragraph 1, Reg. (EC) no 1224/2009, which allows you to authorize Community vessels to carry out specific fishing activities only where indicated in a fishing authorisation being valid, when the fishery or fishing areas in which the activities are permitted are: a) a system for the management of fishing effort; b) in a multiannual plan; c) in an area of restriction of fishing; d) when fishing for scientific purposes; and) in other cases provided for by Community legislation; Having regard to the reg. (EU) n. 404/2011 of April 8, 2011 bearing method of application of Regulation (EC) no 1224/2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy; See in particular art. 5 of the regulation, concerning the list of fishing authorisations, which stipulates that Member States shall make available in the protected area of their official websites the list of vessels which have received the authorisation to fish before the same purchase period; Having regard to the note of this direction. # 20802 of October 16, 2014 annexed to the submission, to the competent offices of the European Commission, of the management plan for the derogation from the minimum size of the mesh network, and distance from the Coast art. 9 and 13 of Reg. (EC) no 1967/2006, to use the boat for fishing trawler lipstick (transparent goby) in maritime compartment of Manfredonia. Having regard to the communication/D2/MA (2014) # 3814739 of November 17, 2014 by which the European Commission-Directorate-General for Maritime Affairs and fisheries-has identified a number of weaknesses of scientific nature related to the request for a derogation, noting, in particular, the need to make additions and improvements to the management plan, in order to allow the initiation of proceedings by the Commission decision for granting the derogation provided for in Regulation (EC) no 1967/2006; Considering the commitment made by the European Union to apply a precautionary approach in taking measures to protect and conserve living aquatic resources and ecosystems and to provide for their sustainable exploitation; Considered, moreover, that, in paragraph 8 of the introduction of the above reg. (EC) no 1967/2006 you take note of the need to create an effective environment management, through an appropriate allocation of responsibilities between the community and the Member States; Considering also that the aforementioned art. 13 of the aforementioned reg. (EC) no 1967/2006, while banning the activities ' of fishing within a distance of 3 nautical miles offshore, paragraph 5 provides for the Faculty of the European Commission, at the request of a Member State to authorize an exception to the prohibition, under the conditions set forth therein predicted; Considering the necessity to light as expressly requested by the European Commission to define, for the fishing activities concerned, detailed information, with particular reference to geographical constraints that prevent them from performing the required activities, beyond the limit of 3 nautical miles; Considered that the activities ' of fishing in question can be mainly held in a very small distance from the coast and therefore does not interfere with the activities of other vessels; Given that the findings related to request for exemption belong to some substantial scientific shortcomings, such as the need to demonstrate a high selectivity of fleet converted by boat seines train, providing quantitative information on the composition of catches (for example in terms of weight and/or number of individuals, as well as the knowledge of data more precise on the outcome of conversion useful for the verification of compliance with the criteria established in art. 13, paragraph 9, point c) of the said Regulation No 1967/2006, refers to the identification of minimum catch species subject to minimum size; Given that fishing for lipstick (transparent goby) can't be used with other tools, that does not have a significant impact on the protected habitats and is very selective, because trawls are lowered into the water column and do not come into contact with the seabed; Given that the duration of the fishing activities referred to in this Decree will be limited to help enrich scientific knowledge Yes you can reformulate in the sense required by the Commission, the management plan; Taking into account that there are the difficult socio-economic conditions related to the performance of the production activity of firms in that Compartment of Manfredonia, as well as the conditions and terms for repeat fishing campaigns already authorised; Considered appropriate to therefore be authorised, within the meaning of that article. 7, paragraph 1, point d) of Reg. (EC) no 1224/2009, vessels operating in maritime compartment of Manfredonia, in order to detect the scientific data needed to support the restructuring of the management plan to be adopted in accordance with art. 13 of Regulation No 1967/2006, until May 31, 2015; Considered appropriate to locate the ships five years of fishing activities proven to be authorized in exception, to be included officially in the management plan; Seen the need to use the fishing fleet, which in recent years has joined the experiment, consisting of a total of 96 boats all adherents to the O.P. South Adriatic Fish Soc. Coop. based in Manfredonia-Lungomare Nazario Sauro C/o New fish market;
Decrees: Art. 1 1. In order to acquire items and scientific information, in conformity with the provisions of art. 7 paragraph 1, point d) of Reg. (EC) no 1224/2009, laid down in Annex A) this Decree, within the waters of maritime compartment of Manfredonia are permitted exclusively to lipstick (aphia minuta) fishing with seine net boat, even within the distance of 3 nautical miles offshore. 2. The business owners of the boats listed in Annex A) this Decree further special application on stamped paper and signature notarized in accordance with art. 38 of Decree of the President of the Republic 445/2000, addressed to the Directorate General of sea-fishing and aquaculture, which is intended to secure the release of the "fishing licence" under art. 7 paragraph 1, point d) of Reg. (EC) no 1224/2009. 3. Can present the instance (attaching a copy of the relevant document habilitation to the activity of fishing) fishing licence holders/provisional pending claim validity, referred exclusively to the vessels referred to in this Decree.
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