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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 modifications and integrations»; Having regard to the Legislative Decree March 30, 2001 # 165 on the «General rules about ordering of labor employed in public administration '; Seen the D.P.C.M. # 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; Seen on P.r.decree 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 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 Decree May 26, 2004, # 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 research applied to catch" the law October 30, 2014 # 161 on the ' 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 review of Reg. (EEC) No 2847/93 and repealing reg. (EC) 1626/94; Having regard to the Ministerial Decree of January 12, 1995, n. 44, published in the Official Journal No. 46 of February 24, 1995, concerning the assignment of experimental fisheries management of bivalve molluscs consortia between companies of fishing authorized with the capture of bivalve molluscs for the purpose of a rational sampling of the resource and of an increase of the same; Having regard to the Ministerial Decree 1 December 1998, n. 515, which adopts 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 decrees January 15, 2008 and April 9, 2008, published respectively in the Official Gazette No. 36 of February 12, 2008 and n. 96 of April 23, 2008, regarding the renewal of the entrustment of the management of fisheries of marine bivalve molluscs in the compartments of Chioggia and Venice, respectively to CO. GE. VO.; 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 Council Regulation (EU) No. 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; Having regard to Council Regulation (EC) no 1380/2013 of the European Parliament and of the Council 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 and Council decision 2004/585/EC; Having regard to the Decree January 9, 2012, # 4, on measures for the restructuring of fishing and aquaculture legislation, pursuant to art. 28 June 4, 2010, law No. 96; Having regard to the Ministerial Decree of January 26, 2012, adapting to Community rules on fishing licences; Having regard to the Ministerial Decree of May 7, 2012 renewal, for a further five years, entrusting fisheries management of bivalve molluscs management consortia already established and recognized under the decrees n. 44/1995 and n. 515/1998; Having regard to the request on December 12, 2014, by which the CO. GE. VO. Venice and CO. GE. VO. Chioggia ask jointly extend the experimentation of the capture of the armed units of the system for some ' bibi ' hydraulic dredger» authorized with the fishing bivalve molluscs under maritime compartments of Venice and Chioggia; Having regard to the DD. MM. June 20, 2012, July 25, 2013 and June 18, 2014 on the experimental activities of Sipunculus nudus resource»-referred to as ' bibi ' 2012, 2013 and 2014 for years; Maritime authorities notes views of Venice-letter prot. # 0003649 on February 12, 2015-and Chioggia-letter prot. # 0004529 on February 16, 2015-expressing their opinion in favour of the request for an extension of the trial as well as worded; Considered that the management and protection 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 within the scope of the wider ecosystem and environmental protection; Given that reliance on fisheries management consortia of bivalve molluscs has, as a primary objective, the growth and protection of shellfish themselves through concrete initiatives for the protection of the resource; Considered that the proposal for the capture of "bibi", enables CO. GE. VO. of Venice and Chioggia to pursue their own purposes that tend, as it is known, to undertake appropriate management measures to ensure the responsible exercise of withdrawal activities aimed to achieve a closer balance between fishing effort and the actual production capacity of the sea; Considering also that the fisheries management of bivalve molluscs under maritime compartments of Venice and Chioggia as entrusted to local CO. GE. VO, most recently with D.M. 15.1.2008 in Chioggia and D.M. 9.4.2008 in Venice – ongoing renewal for both Consortia-produced substantially positive effects on the proper management of the resource; Consider, also, that remains the need to adopt appropriate measures to ensure the right balance between ability to levy and amount of available resources; Examines the scientific communication of the dott.ssa Donatella Del Piero in the Department of life sciences of the University of Trieste, with note on January 21, 2015, essentially expresses a favourable opinion with regard to the idea of extending the trial, as well as proposed by CO. GE. VO. concerned;
Decrees: Art. 1 1. It allowed the withdrawal of the resource activity «Sipunculus nudus»-referred to as ' bibi '-as an alternative to bivalve molluscs, a total of 20 vessels, including n. 10 identified by the CO. GE. VO. Venice and # 10 identified by the CO. GE. VO. Chioggia, to fishing bivalve molluscs with hydraulic dredger system, as identified in the naming of the fishing gear-pursuant to art. 2 D.M. 26.1.2012-mechanical Dredges, "including Turbochargers» (HMD), on an experimental basis, from the date of this Decree and until December 31, 2015, within their maritime Compartments (Venice and Chioggia). 2. each vessel can catch a quantity of 100 kg "bibi" not more than a day. Units devoted to levy the said resource are bound to the same spatial and temporal boundaries which they are subjected units devoted to catching bivalve molluscs, including the distance from the coast and the landing points. 3. holders of companies authorised to catch activity of «bibi» are obligated to keep a notebook duly numbered, stamped and signed by the harbour where membership must be annotated fishing days, catch areas, the quantities taken as an indication of the average length of the species in question.
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