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Order Arm/1744/2011, 15 June, Which Regulates The Reservation Marina Of Cabo De Gata-Nijar, And Defines Its Delimitation And Permitted Uses.

Original Language Title: Orden ARM/1744/2011, de 15 de junio, por la que se regula la reserva marina de Cabo de Gata-Níjar, y se define su delimitación y usos permitidos.

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TEXT

The Marine Reserve of Cabo de Gata-Nijar was established by Order of 3 July 1995, with the aim of protecting marine resources in general and those of fishing interest in particular, from the coastal strip adjacent to the Park Natural existing, Park whose declaration has allowed to conserve in good condition marine biological communities by being located in a sparsely populated coastline and devoid of industrial nuclei.

Experience in the management of the marine reserve and the results of the scientific studies carried out, determine the need to update and adapt its regulation, establishing a new management plan, through the regulation in the present order of the permitted activities and uses.

On the other hand, it is necessary to regulate more precisely certain aspects which are essential elements of the management of the marine reserve and the conservation of resources, such as the procedure for granting authorisations for access to the marine reserve and the conditions for the exercise of the permitted activities, while harmonising it with the rest of the marine reserves.

The delimitation of the marine reserve does not vary with respect to its initial declaration, but is made more precise when mentioning the Datum WGS 84, to which the coordinates are referred, which facilitates better information of the same, since the nautical mapping of the area has also been updated and is related to that same Datum.

In the process of this order, the Autonomous Community of Andalusia and the sectors affected have been consulted. The report of the Spanish Oceanography Institute has been obtained.

The order is issued in accordance with the provisions of Articles 13 and 14 of Law 3/2001, of March 26, of Maritime Fisheries of the State.

In its virtue, and after the approval of the Deputy Prime Minister of the Government and Minister of Territorial Policy and Public Administration, I have:

Article 1. Object and scope of application.

The purpose of this order is the regulation of the Cabo de Gata-Nijar marine reserve in the outer waters between the straight baselines and the line which is a sea mile from the coast, which is bounded to the west of the Cabo de Gata by the mouth of the Rambla del Agua, in the municipality of Almeria, and to the east by the parallel of the mouth of the Barranco del Hondo (36º57,850 ' N; referred to the Datum WGS-84), in the municipality of Carboneras, through the management plan set out in the following Articles, which contain the regulation of activities and permitted uses in this marine reserve.

Article 2. Special zones.

Within the marine reserve, as defined in Article 1, the following special zones are defined, the coordinates of which are referred to the Datum WGS-84:

1. Integral reservation of the Punta de la Media Orange:

a) From the straight baselines up to 1 mile from the shoreline.

b) Between the 36º 57.00 'N parallel and the line defined by points 36º56.15' N; 001º55,00 'W and 36º55,15' N; 001º54.44 ' W.

2. Integral reservation of the Punta de La Polacra:

a) From the straight baselines up to 1 mile from the shoreline.

b) Between the 36º 51,45 'N parallel and the line defined by points 36º50.15' N; 002º00,36 'W and 36º49.28' N; 001º59.81 ' W.

3. Integral reservation of the Punta de Loma Pelada:

a) From the straight baselines up to 1 mile from the shoreline.

b) Between the 36º 46 '65 N parallel and the line defined by points 36º47.45' N; 002º03,62 'W and 36º47.78' N; 002º02,20 ' W.

4. Integral reservation of the Morron de Genoveses:

a) With center at the geodetic vertex located in the morron (36º44.28 'N; 002º06.95' W).

b) Radio: 0.15 nautical miles.

5. Comprehensive Reserve of the Cabo de Gata:

a) From the straight baselines up to 1 mile from the shoreline.

b) Between the meridians of 002º11.70 'W and 002º10.95' W.

Article 3. Uses.

1. Only those scientific activities which are expressly authorized by the General Secretariat of the Sea, the Ministry of the Environment, and the Rural and Marine Environment may be carried out in the integral reserve zones according to their interest to the monitoring of the state and the evolution of the species, waters and funds of the marine reserve.

2. The following activities may be carried out, after authorization from the General Directorate of Fisheries Resources and Aquaculture of the General Secretariat of the Sea, outside the comprehensive reserve zone:

(a) Professional sea fishing, exclusively in the form of encirclement (without the use of lights), trammel it as fixed-bottom art, a line of fixed art, a hand line and surface currican, whose technical measures are those set out in the Annex to this order.

(b) Prior to the report of the Spanish Oceanography Institute, and taking into account the state of the resources, the General Secretariat of the Sea may authorise professional fishing with gear or gear other than those covered by the present.

(c) Sea fishing for pleasure from a vessel, subject to the conditions set out in the Annex to this order.

(d) Subaquatic recreational activities, in autonomous diving mode, to be carried out by individuals or by entities according to the quotas set out in the Annex to this order and subject to the conditions of access and exercise as set out in this order and other applicable rules.

e) Scientific and educational activities, based on their interest in monitoring the status and evolution of the species, waters and funds of the marine reserve, and the dissemination of the same, prior authorisation from the General Secretariat of the Sea.

3. Throughout the marine reserve, the following activities may be carried out without the need for authorization, with the obligation to observe good marine practices and under the responsibility of its practitioners:

a) Free navigation. However, in order to preserve the medium, in avoidance of excessive noise and nuisance, within the integral reserve areas the navigation shall be carried out at a speed of less than 10 knots, except in case of emergency or monitoring and control actions.

b) Snorkeling and bathing.

4. Any other use not covered by this Article shall require express authorisation from the Directorate-General for Fisheries and Aquaculture, the Ministry of the Environment, and the Rural and Marine Environment.

Article 4. Obligations.

In relation to the exercise of the activities permitted in the marine reserve, the following common and specific obligations are established:

1. Common obligations.

(a) To be identified at the request of the official services of the marine reserve, presenting, when required for this purpose, the documentation relating to license, authorization and identity.

(b) Follow at all times the indications of the authorities responsible for the marine reserve and the guards of the reserve.

c) Facilitate, during their stay in the marine reserve, the maintenance and protection service thereof, the authorizations, whether fishing or diving, as well as the required accompanying documentation (fishing licence or Title of diving in force and identification: National identity card or passport).

(d) The documentation relating to the vessel and its activity should be provided, if required for this purpose.

2. Specific obligations.

a) For fishermen:

1. Facilitate the control of catches and gear they have when they are required for this.

2. To comply with a fishing effort information for each day of fishing carried out within the marine reserve, even if no catches are made, which will be stated in the slog.

3. Rissue to the General Secretariat of the Sea the fishing effort statistics. These statistics may be sent by mail, fax or electronic means or delivered to the service of the marine reserve, according to the indications given. The fishing effort shall be submitted by the recreational fishermen at the end of each month.

4. In the case of professional fishermen, inform the monitoring service of the marine reserve, by means of the procedure established, of the zone and time of fishing in case of the activity between the 22 hours and the 6 in the morning.

5. In the case of recreational fishermen, those established in Royal Decree 347/2011, of 11 March, for which the sea fishing for recreation in external waters is regulated, as well as in the regulations that specifically regulate it.

6. Communicate the loss of gear or gear to the service of the marine reserve.

b) For divers:

1. Subaquatic recreational activities shall be carried out in accordance with the provisions of the specific regulation of activity regulation.

2. The persons responsible for the immersion and the divers shall ensure at all times for the strict compliance with the safety regulations and the procedures established for the practice of diving.

3. Subscribe and apply the responsible diving criteria in marine reserves. The General Secretariat of the Sea will provide stakeholders with the criteria to be met.

4. Start and finish the dives from the diving point of the diving point where the mothership is moored.

5. Request, where appropriate, the authorization of use of flashlights, spotlights and cameras for obtaining underwater images. Permission for use shall be expressly provided for in the authorization of the activity.

6. Exercise activity at least as far as possible in the state of the environment, as well as preserve the integrity of the individuals or communities dependent on the marine environment.

7. Respect the practice of fishing, not interfering with vessels that are exercising it or with the gear that may be heated.

8. For dive centers, keep up to date and make the diving log book available to the marine reserve service.

9. Rissue, with a week in advance, the forecast of dives, for the purposes of being able to program the use of the mooring buoys of the diving points. The referral may be made by fax or electronic means. In each dive, the skipper will inform the service of the reservation of the chosen diving point. If this is busy, the service will propose an alternative dive point.

10. Also, dive centers and diving clubs will send to the General Secretariat of the Sea at the end of the year, detailed relationship of the dives made, with indication of the number of divers, date and place (specifying the number of dive guides in each group of divers) of each.

11. The activities of scientific and professional diving will be governed by the specific regulations of the Autonomous Community of Andalusia.

c) For vessels:

1. For control purposes, vessels that sail through the marine reserve, must inform the service of their entry and exit from their waters and facilitate their data, as well as collaborate with the same in the control of their waters. activities as long as they remain within the waters of the same, and report their departure. For these purposes, the service will listen to V.H. F, channel 9, from 08:00 to 22:00 hours, and a telephone number will be provided to also give the notices for that route.

2. In general, in the case of vessels from which recreational diving activities are carried out, the master must remain on board during the immersion, except if, under his or her responsibility and if there is no legal obligation for him to remain on board, he understands that his non-stay on board does not involve risks.

Article 5. Prohibitions.

In relation to the exercise of the activities permitted in the marine reserve, the following prohibitions are established:

1. Of a general character:

(a) Fishing in the form of trawl, bottom line and surface longline, underwater fishing, jigging, and the use or possession on board of any other gear or gear other than permitted, and extractions of fauna and flora, irrespective of the authorised fishing and scientific activities.

(b) the collection or extraction of organisms, or parts of organisms, animals or plants, living or dead, except in the case of duly authorised fishing and scientific activities.

c) The extraction of minerals or debris of any kind.

d) Feed the animals.

e) The realization of any type of dumping and the placement of infrastructures at sea.

2. Specific:

a) For professional fishermen:

1. The collection or capture of crustaceans and non-cephalopod molluscs.

2. º The use of other gear or gear other than those permitted in this order.

b) For recreational fishermen:

1. The use of electric reels.

2. The collection or capture of crustaceans.

3. The collection or capture of molluscs other than squid.

4. The holding of courses or fishing contests.

5. º Those established in Royal Decree 347/2011, of 11 March, for which the sea fishing for recreation in external waters is regulated.

c) For divers:

1. Night or ground dives.

2. The use of mechanical elements of underwater propulsion (torpedoes).

3. Do sea trials or diving school practices.

4. The holding of an instrument that can be used for the fishing or extraction of marine species, except for a knife, for safety reasons.

d) For vessels. For those engaged in recreational diving activity, the holding on board any instrument, gear or gear that may be used for fishing or the extraction of marine species.

Article 6. Boat anchorage and use of mooring buoys for diving points.

1. Anchorage in the marine reserve is not permitted, except for emergency reasons related to maritime safety, national security, or human life at sea.

2. When the marine reserve has a dive-point signalling buoys, its use shall be reserved for the vessels from which this activity is to be carried out, and shall be regulated by means of a resolution of the Directorate-General for Resources. Fisheries and Aquaculture, in accordance with the technical limitations determined by the technical characteristics of these buoys.

Article 7. Specific census of professional sea fishing in the Cabo de Gata-Níjar marine reserve.

1. The specific census of professional sea fishing with the right of access to the waters of the marine reserve shall be drawn up in accordance with the provisions of Article 26 of Law 3/2001 of 26 March of Maritime Fisheries of the State.

2. Vessels with the right to exercise professional sea fishing in the marine reserve shall be those with a base port in Almería or Carboneras and belong to these Cofradias or representative organizations of the fishing sector of the province of Almería, they are registered in the corresponding modality in the Mediterranean fishing grounds and show their habituality in the exercise of the professional fishing in the area from the three years prior to the creation of the marine reserve. For these purposes, the vessel must not have changed the base port in the last three years.

3. These vessels shall be included in a specific census of the marine reserve with the right of access to the waters of the marine reserve.

4. This census, which will be in quota, will be reviewed and regularly updated by the General Secretariat of the Sea.

5. To request inclusion in the census of a vessel, this vessel must be listed as high in the Operational Fishing Fleet Census.

6. The application for inclusion may be submitted by the shipowner or the owner of the vessel at any time. As long as the census is updated, the Directorate-General for Fisheries and Aquaculture Resources may provisionally authorize a vessel to practice the activity.

7. The application shall be accompanied by the documentation relating to the vessel and its owners and shipowners.

8. In no case shall the number of vessels in which the census be counted exceed.

9. Vessels included in the census may be replaced by others provided that the new ones meet the requirements of the base port, modality and habituality or their inclusion does not imply an increase of the fishing effort in the marine reserve. In the case of those dedicated to minor gears, their maximum length shall be less than 10 metres.

10. Vessels that do not have an activity for a period of one year, without justified cause, may be discharged from the census of the marine reserve.

Article 8. Submission of requests.

1. Applications for authorisation for the exercise of activities in the marine reserve shall be addressed to the Director-General of Fisheries and Aquaculture Resources.

2. Applications for authorisation or allocation of quota for the practice of recreational diving shall be instructed by the Subdirectorate-General for Marine and Aquaculture Resources on the basis of their order of entry into that practice, and until the available quota is exhausted, if applicable, for the activity.

3. Applications for the practice of sub-aquatic recreational activities for diving centres and clubs shall be submitted during the month of November for the following year and the authorisation shall be valid annually. The authorisations of sub-aquatic recreational activities to be carried out by individuals may be submitted at any time and their validity shall be three months.

4. Applications for the practice of sea fishing from watercraft may be submitted at any time and their validity shall be one year.

5. Applications shall be submitted to the Department of Agriculture and Fisheries of the Government Subdelegation in Almería, or to any of the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992. Legal framework for public administrations and the common administrative procedure. Interested parties may also submit their applications and process the procedures resulting from this rule by electronic means. The Ministry of the Environment, and the Rural and Marine Environment will provide the necessary means to make this route effective, at the address: https://sede.marm.gob.es/portal/site/se, or on the Department's intranet.

6. Applications for the conduct of scientific and experimental educational activities shall be submitted at least 15 days in advance so that they can be properly evaluated.

7. The Directorate-General for Fisheries and Aquaculture Resources shall resolve the applications within a maximum of three weeks, counted from the date of their entry into the Directorate-General, approving or rejecting the corresponding authorization.

8. In the event of no express resolution within that period, the applications shall be deemed to be rejected.

9. Against the decisions, which will not be able to end the administrative route, an appeal may be brought before the head of the General Secretariat of the Sea, the Ministry of the Environment, and the Rural and Marine Environment.

Article 9. Documentation.

1. Applicants who have already obtained prior authorisation shall only submit, when applying for a new authorisation, any documentation which has expired or has been modified with respect to the previous authorisation.

2. The new applications, which shall contain the identifying data referred to in Article 70 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, shall be submitted. accompanied, at least, with the following documentation:

a) Relative to the vessel:

1. Title of the Master of the vessel.

2. The last dispatch of the vessel.

3. The ship's certificate of navigability.

4. Safety of the vessel.

5. In the case of vessels that are commercially dedicated to these activities, photocopy of the authorization, issued by the competent organ, to engage in tourist-recreational activities.

b) Relative to all activities:

Commitment, subscribed by the applicant, to meet the requirements of the current regulations on maritime safety and navigation, qualifications, licenses and compulsory insurance for the practice of the activity to which the application relates. In the case of diving centres, the undertaking must include the undertaking to check the identity and certification of divers who take the marine reserve and keep a register of the same.

c) For the practice of recreational diving.

1. In the case of underwater recreational activities to be carried out by individuals, identification, certificate of diving issued, recognized or approved by an autonomous community, safe for diving and medical recognition in force.

2. The divers must prove a minimum experience of twenty-five dives from which, at least one, must have been carried out in the last twelve months, counted from the date of the request.

3. For dive centers, accreditation to be authorized to exercise the activity by the corresponding autonomous community.

4. For diving clubs, documentation supporting their constitution and listing of partners, in which they will figure their identification and title of diving they possess.

d) For the practice of recreational sea fishing:

1. The fishing license provided for in the current regulations.

2. º, where applicable, a copy of the authorisation granted for the capture and possession on board of species subject to differentiated protection, as provided for in Article 10 of Royal Decree 347/2011 of 11 March 2011, for which regulates sea fishing for recreation in external waters.

e) For scientific and didactic-experimental activities:

1. The descriptive and justifiable memory of the jobs that are intended to be performed.

2. Object of the same.

3. Job Description.

4. The methodology and techniques to use.

5. Calendar.

6. Personal and material means to be employed.

f) Other documentation that may be required under its regulatory regulations.

Article 10. Control of activities.

1. The guards of the marine reserve, responsible for their control and surveillance, shall avoid the commission of violations in the same, and shall denounce the cases of non-compliance with the regulations in force within the marine reserve.

2. They may also carry out identity checks and documentation relating to the activities taking place in the marine reserve. If they detect any irregularities in the documents, they shall raise the relevant record, detailing the causes of the non-compliance.

Article 11. Working days for recreational sea fishing.

The working days for recreational sea fishing shall be as set out in the Annex to this order.

Article 12. Maximum number of divers.

The maximum number of divers shall be as set out in the Annex to this order.

Article 13. Assignment of recreational diving cupo.

1. The General Secretariat of the Sea may assign partial quotas for the practice of recreational diving in the marine reserve to the following types of entities:

a) Diving centers.

b) Diving clubs.

c) Associations of diving centers or clubs.

2. The allocation of quota shall be carried out by means of a resolution of the Director General of Fisheries and Aquaculture Resources and shall establish the percentage of quota allocated and its concretion in number of divers per week that may carry out activities sub-aquatic activities organised by the entities to which the allocation is granted.

3. The Directorate-General for Fisheries and Aquaculture Resources shall resolve the applications within a maximum of one month from the date of their entry into the Directorate-General.

4. In the event of no express resolution, the requests shall be deemed to be dismissed.

5. Against the decisions, which may not end in the administrative way, an appeal may be brought before the holder of the Ministry of the Environment, and the Rural and Marine Environment.

Article 14. Criteria for the allocation of recreational diving equipment.

To evaluate the provenance of the quota allocation and set the percentage of allocated quota the following criteria will be taken into account:

(a) Antiquity exceeding three years in the exercise of underwater activities in the marine reserve.

b) Volume of activity in the marine reserve in the three years preceding that of the application.

c) That access to the reservation of other diving entities that do not have quota allocation is guaranteed.

Article 15. Conditions of the quota allocation.

Partial quota allocations will be subject to compliance with the following conditions:

(a) The assigned partial quota may not be transferred to third parties either in whole or in part.

(b) The entities referred to in Article 13, which are assigned a partial quota, may not obtain for their vessels or associated authorization from the remaining quota for the same activity.

(c) The entities shall send to the General Secretariat of the Sea, after the end of the diving season, a detailed report on the use of the allocated quota. The report shall contain an accurate and accurate indication of the number of authorized divers and the number actually working; the number of guides accompanying the group in each dive, and the date and place of the activity. dives into the marine reserve.

Article 16. Sanctioning regime.

Failure to comply with the provisions of this order shall be sanctioned in accordance with the provisions of Title V on the regime of violations and sanctions of Law 3/2001 of 26 March on the Maritime Fisheries of the State.

Single transient arrangement. Boats dedicated to recreational diving.

Until the mooring buoys are installed for the dive boats, these can be anchored in the diving areas indicated in the annex of this order, always taking care to do so on sand bottoms, outside of the Ocean Posidonia prairies or other marine fanerogames and minimizing the impact of anchoring. The diving will be performed from the anchorage and the dive will start and end at the place where the boat is anchored.

Single repeal provision. Regulatory repeal.

The Order of 3 July 1995 establishing the Cabo de Gata-Nijar marine reserve is hereby repealed.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.19 of the Constitution, which attributes to the State exclusive competence in the field of sea fishing.

Final disposition second. Entry into force.

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

Madrid, June 15, 2011. -Minister for the Environment, and Rural and Marine Environment, Rosa Aguilar Rivero.

ANNEX

1. Access to the marine reserve.

Ships that access the marine reserve for the practice of permitted activities must communicate it to the service of the marine reserve in the telephones of the surveillance service indicated in the corresponding authorization or by contacting the service by V.H. F, channel 16 or 9, and a telephone number will be provided to also give the notices for that route.

2. Exercise of the permitted activities.

A) Professional maritime fishing.

1. The professional fishing activity within the marine reserve will not be allowed on Saturdays, Sundays or holidays of national and regional Andalusian. The arts must be removed by Friday noon or noon on the eve of the holiday, and can be reheated on Sunday from 16:00 p.m. or from 16:00 on the holiday before the working day.

2. º All the catches that take place within the marine reserve are subject to the limitation of the sizes and species of prohibited catch, according to the regulations that regulate these aspects in the National Caladero of the Mediterranean and the other applicable environmental regulations.

3. The definition and technical measures of the arts and gear permitted in the Marine Reserve are those laid down in the regulations governing them in the national fishing grounds of the Mediterranean.

Trammel and Palangrillo Calamento: A course of beach (following cote).

Maximum Calada Time: 16 hours.

B) Sea fishing for recreation.

1. The Directorate-General for Fisheries and Aquaculture Resources may regulate the maximum daily quota of recreational fishing vessels in the marine reserve in accordance with the seasonality and the results of the monitoring of the marine reserve.

2. The working days for the practice of this activity are Tuesdays, Saturdays, Sundays and holidays of national and regional Andalusian.

3. Business hours: Between the sunrise and the sunset.

4. Allowed Modes:

Chambel or volantin, to be used from boat to the pairo. Fishing shall be conducted outside the limit of the ocean Posidonia prairies.

Surface Currican.

5. Deups and hooks.

a) Fishing equipment:

1 for chamblel.

2 for currican.

b) Hooks by rigging:

Chambel: 3. The minimum width of the hook shall be 8,5 mm. For the fishing of the galan, the minimum amplitude of the hooks shall be 5,7 mm.

Currican: 3 artificial baits by rigging.

c) Equipment by boat: 4.

6. Catch Limit:

General: 5 kg per fisherman per day. A piece above this weight per fisherman and day may not be computed.

Galanes: 30 fisherman and day, whose size will be greater than 15 centimeters.

7. Timed:

For the galan fishing: From May 1 to August 15, both inclusive.

For all other modes: All year, except between November 1 and December 1, both inclusive, in which the practice of the activity will be closed.

8. No prohibited species for recreational sea fishing:

In addition to those set out in Article 5.2.b, the following:

Grouper. Epinephelus marginatus.

Verrugato. Umbrina cirrosa.

Corvina. Sciaena umbra. /Argyrosomus regius.

Abadejo. Mycteroperca costae.

9. ° Species allowed for surface currican, without prejudice to the need for other specific authorizations:

Jurel (Trachurus spp).

Caballa (Scomber scombrus).

Storchild (Scomber japonicus).

Bonito (Sarda sarda).

Melva (Auxis thazard).

Albacora (Thunnus alalunga).

Palometa (Trachinotus ovatus).

Call (Coryphaena hippurus).

Lecha (Seriola dumerili).

Caballete or palometon (Lichia amia).

Espeton (Spyraena sphyraena).

C) Subaquatic recreational activities.

1. º During the realization of the dives there can be no more than one boat of divers in each point or zone of diving.

2. º The guides necessary for the safety of the immersion group, as established in the current regulations, are not counted in the quota.

3. No prejudice to the certificate of navigability of each vessel, the maximum number of divers per vessel shall be 12.

4. Envío of dives by dive entities:

You will need to send them one week in advance, each Monday for the next week's dives.

They will be sent by fax or electronic means, between 08:00 and 18:00 in the service of maintenance and protection of the marine reserve.

5. Submitting programming by private individuals:

You must inform the marine reservation service of the dives they intend to perform, to plan access based on the available quota.

6. º or dive areas and dives:

Geographic Situation (WGS-84)

Immersions/

The Yellow Burns

36º43.831 'N; 002º07,120' W

2,000

The Vafor

36º42.670 'N; 002º12,340' W

2,000