Order Aaa/1990/2012, Of 13 September, By Which Establishes A Temporary Ban For Fishing Activities In The Surroundings Of The Island Of El Hierro.

Original Language Title: Orden AAA/1990/2012, de 13 de septiembre, por la que se establece una veda temporal para las actividades pesqueras en el entorno de la isla de El Hierro.

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On October 9, 2011 started an underwater eruption in the South of the island of El Hierro, eruption has caused major damage to different species of fauna, including all of fishing interest, and that was the interruption of fishing activities by security issues. The Reserva Marina of the tip of the Restinga-Mar de Las Calmas is located in the area directly affected by the eruption.

Once the eruptive process, the available reports on the status of the affected area and fish populations indicate that the recovery process is starting. However, to encourage the recovery, it is desirable not to resume the practice of fishing activities, and thus the professional fishing industry on the island has requested it.

Law 3/2001, of 26 March, maritime fishing from the State, establishes among its purposes the ensuring balanced and responsible fisheries, promoting their sustainable development, exploitation and the precise measures to protect, preserve and regenerate those resources, adapting the effort of the fleet to the same situation. Article 12, the Act expressly provides that in order to protect, conserve and recover fishery resources, following a report from the Spanish Institute of Oceanography, the head of the Department may establish closed seasons that limit or forbid the exercise of fishing activities or the capture of certain species, as well as other measures as it deems necessary.

Therefore, to promote the recovery of fish stocks both in the reserve Marina of the tip of the Restinga-Mar of the calm and the rest of the island of El Hierro, is estimated necessary to establish a temporary ban of fishing in outer waters of the island.

In this order processing has been consulted to the autonomous community of the Canary Islands and the sectors concerned and it has obtained the Spanish Institute of Oceanography report.

This order is issued under cover of the provisions of article 12 of law 3/2001, of 26 March, maritime fishing from the State.

By virtue, I have: article 1. Area and period of veda.

1.Quedan prohibited all fishing activities in the outer waters of the island of El Hierro up to half a mile away from the coast, and in all the outer waters of the Reserva Marina of the tip of the Restinga-Mar de Las Calmas, for a period of 6 months.

2. the period of ban may be extended for periods of 6 months if reports on developments and the State of fishery resources do not indicate that these activities can resume in conditions that ensure their sustainability.

Article 2. Exceptions.

They are excluded from this prohibition: 1. professional fishing for tuna and large pelagic migratory species, whose capture is not expressly forbidden that you carry out and port professional fishing boats out of the Mar de Las Calmas always base on the island of El Hierro.

2 recreational fishing from a boat, always to be carried out in areas and conditions specified below: to) that does not catch the following species: 1st Abade (Mycteroperca fusca).

2nd cocks: cock poised (Canthidermis sufflamen); Blue Rooster (Aluterus scriptus); Green rooster (Stephanolepis hispidus); Moorish or Bill Gallo (Balistes carolinensis).

3rd grouper (Epinephelus marginatus).

4th hogfish (Bodianus scrofa).

5th breado bream (Diplodus cervinus cervinus).

(b) that the volume of catches of species of Fund does not exceed, in any case, the amount of two kilograms per day and per fisherman.

(c) that it carried out at a distance of not less than half-mile coast. The capture of large pelagic species not be prohibited specifically may be carried out through the use of rods or in 'trolling' mode.

3. the follow-up activities of scientific nature carried out in foreign waters that have the prior authorization of the Secretariat-General of fisheries.

Article 3. Sanctioning regime.

Failure to comply with the provisions of this order shall be punished in accordance with the provisions in title V on regime of offences and penalties of law 3/2001, of 26 March, maritime fishing from the State.

First final provision. Skill-related title.

This order is issued under cover of the provisions of article 149.1.19. ª of the Constitution, which attributes to the State exclusive jurisdiction in relation to maritime fishing.

Second final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 13 September 2012.-the Minister of agriculture, food and environment, Miguel Arias Canete.

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