The reserve Marina of Cabo de Gata - Níjar was established by order of 3 July 1995, with the object of protecting marine resources in general and of fishing interest in particular, of the coastline adjacent to the existing Natural Park, Park whose statement has made it possible to keep the biological marine communities by being located on a coastline that is sparsely populated and devoid of industrial hubs in good condition.
Experience in the management of the reserve marina and the results of scientific studies, determine the need to update and adapt its regulation, establishing a new management plan, through the regulation in the present order of activities and permitted uses.
On the other hand, it is necessary to regulate more precisely certain aspects which constitute essential elements of the management of the reserve marina and of the conservation of resources, as the procedure of granting access to the reserve marina and the conditions of permitted activities, harmonizing it, moreover, with the rest of the reserves marine.
The delimitation of the reserve marina does not vary with respect to his initial statement, but is made more accurate by mentioning the WGS 84 Datum, which are referred the coordinates, which facilitates a better information of the same, since the nautical cartography of the area has also been updated, and refers to the same Datum.
In the handling of this order have been consulted the autonomous community of Andalusia and the sectors concerned. The report of the Spanish Institute of Oceanography has been collected.
Order is issued pursuant to the provisions of articles 13 and 14 of Act 3/2001, of 26 March, maritime fishing from the State.
In his virtue, and approval of the third Vice-President of the Government and Minister of Territorial policy and public administration, have: article 1. Object and scope of application.
The purpose of this order is the regulation of the reserve marina of Cabo de Gata - Nijar, in foreign waters situated between the straight baselines and the line is far from a mile marina on the coast, West of Cabo de Gata-delimited the mouth of the Rambla del Agua, in the municipality of Almeria , and to the East by the parallel of the mouth of the ravine of the Hondo (36 ° 57, 850' N; referred to Datum WGS - 84), in the town of Carboneras, through the management plan established in the following articles, containing regulation activities and the uses permitted in this reserve marine.
Article 2. Special zones.
Within the reserve marina, delimited in accordance with the provisions of article 1, are defined the following special areas, whose coordinates are referred to the Datum WGS - 84: 1. Integral reserve of the Orange Media Tip: to) from the straight baselines up to 1 mile of coastline.
(b) between the parallel of 36º 57,00 'n and the line defined by the points 36º 56, 15' N; 001 ° 55, 00' w and 36 ° 55, 15' N; 001 ° 54, 44' W.
2 integral reserve of the tip of the Polacra: to) from the straight baselines up to 1 mile of coastline.
(b) between the parallel of 36º 51,45 'n and the line defined by the points 36 ° 50, 15' N; 002 ° 00, 36' w and 36 ° 49, 28' N; 001 ° 59, 81' W.
3 integral reserve of Loma Pelada Tip: to) from the straight baselines up to 1 mile of coastline.
(b) between the parallel of 36 ° 46'65 N and the line defined by the points 36 ° 47, 45' N; 002 ° 03, 62' w and 36 ° 47, 78' N; 002 ° 02, 20' W.
4 integral reserve of the Genoese Morron: to) from the center of the GEODESIC vertex in the pepper (36 ° 44, 28'N; 002 ° 06, 95' W).
(b) radio: 0.15 nautical miles.
5 integral reserve of Cabo de Gata: to) from the straight baselines up to 1 mile of coastline.
(b) between the meridians of 002 ° 11, 70' W-002 ° 10, 95' W.
Article 3. Applications.
1. in the areas of integral reserve only scientific activities that are expressly authorized by the General Secretariat of the sea, of the Ministry of environment and Rural and marine environment according to their interest for the monitoring of the status and evolution of the species, waters and the reserve funds may be made marina.
2 outside the integral reserve areas may be made, prior authorization from the Directorate General for fisheries resources and aquaculture of the General Secretariat of the sea, the following activities: to) professional maritime fishing, exclusively in the modalities of fence (without use of lights), trammel as fixed gear, palangrillo as fixed gear, hand line and surface trolling whose technical measures are those set out in the annex to this order.
b) prior report of the Spanish Institute of Oceanography, and taking into account the State of the resources, the General Secretariat of the sea may authorize professional fishing gear or tackle, other than those referred to in this provision.
(c) maritime recreational fishing from a boat, in the conditions laid down in the annex to this order.
d) recreational, in the form of scuba underwater activities, to be carried out by individuals or entities on the basis of the quotas set out in the annex to this order and subject to the conditions of access and exercise provided for in this order and other applicable regulations.
(e) activities scientific and experimental teaching character, depending on your interest for tracking the status and evolution of the species, waters and the reserve funds marina, and the dissemination of the same, previous authorization of the General Secretariat of the sea.
3 the entire reservation marina guests can enjoy, without authorization, with the obligation of observing the good practical maritime and under the responsibility of its practitioners, the following activities: to) free shipping. However, in order to preserve medium, in avoidance of excessive noise and annoying upheavals within the integral reserve navigation zones must be performed at a speed of less than ten knots, except in emergency or actions of surveillance and control.
b) 'snorkeling', and bath.
4. any other use not collected in this article require authorization express of the Directorate-General for fisheries resources and aquaculture, of the Ministry of the environment, and Rural and marine.
Article 4. Obligations.
In relation to the exercise of the activities allowed in the reserve marina, establish the following common and specific obligations: 1. common obligations.
(a) identify at the request of the official services of the reserve marina, featuring, when required to do so, the license, authorization and identity documentation.
b) follow at all times of the authorities responsible for the reserve marina and the guardians.
(c) facilitate, during their stay in the reserve marina, at the service of maintenance and protection, authorizations, either fishing or diving, as well as the mandatory companion documents (fishing licence or title of diving in force and identification: national identity document or passport).
(d) also shall be provided, if they were required to do this, the documentation relating to the vessel and its activity.
2. specific obligations.
(a) for fishermen: 1 facilitate the control of catches and gear having when they are required to do so.
2. complete physical data of fishing effort for each fishing day made within the reserve marina, although catches, not undertake end which shall be recorded in the physical.
3rd forward to the General Secretariat of the sea the dimensioning of fishing effort. These record may be sent by mail, fax or by means electronic or delivered at the service of the reserve marina, according to instructions that are given. Recreational fishermen will present the record of fishing effort at the end of each month.
4th in the case of professional fishermen, inform the reserve surveillance service marina, using the procedure that is established, the area and time of fishing if you carry out the activity between 22 o'clock and 6 o'clock in the morning.
5 in the case of the fishermen of recreation, those laid down in the Royal Decree 347/2011, of 11 March, which regulates the maritime recreational fishing in foreign waters, as well as the rules and regulations governing it specifically.
6 inform the reservation service marine loss of arts or gear.
(b) for divers: 1 the subaqueous activities of recreo will be carried out in accordance with provisions in the specific rules of regulation of the activity.
2 responsible for the dive and divers shall ensure at all times the strict compliance with regulations and safety procedures established for the practice of diving.
3rd sign and apply the criteria of responsible diving in marine reserves. The General Secretariat of the sea will facilitate stakeholders the criteria to meet.
4th start and finish the dives from the buoy of signaling of the diving point in which the mother ship is moored.
5, where appropriate, the authorization of use of flashlights, spotlights and cameras for underwater imaging. Permission for use will consist specifically in the authorization of the activity.
6 exercise activity to disturb as little as possible the State of the environment, as well as preserve the integrity of individuals or communities dependent on the marine environment.
7th respect the practice of fishing, not interfering with vessels that are exercising it or crafts that are crocheted.
8 for the centers of diving, take a day and put at the disposal of the reserve service marina divers log book.
9th refer, with a week's notice, the anticipation of dives, in order to program the use of diving points mooring buoys to. Remission may be made by fax or by electronic means. Each dive, boat pattern inform the chosen diving point reserve service. If it is busy, the service will propose an alternative diving point.
10 in addition, diving centers and diving clubs be sent at end of year the General Secretariat of the sea, detailed list of the dives carried out, with indication of the number of divers, date and place (by specifying the number in each group of divers dive guides) for each one.
11. º diving scientific and professional activities shall be governed by the specific rules of the autonomous community of Andalusia.
(c) for vessels: 1 for the purposes of control, vessels navigating by the reserve marina, must inform service of its input and output of its waters and provide their data, as well as collaborate with it in control of its activities as long as they remain within the waters of the same, and inform its output. For this purpose, service will keep listening in V.H.F, Channel 9, from 08:00 to 22:00 hours, and will be provided a telephone number to also give warnings in that way.
2 as a general rule, in the case of vessels from which are carrying out recreational diving activities, pattern must remain on board during the dive, unless, under its responsibility and if there is no legal obligation established so that it stays on board, understands that his non-permanence on board does not imply risks.
Article 5. Prohibitions.
En_relacion_con the exercise of the activities allowed in the reserve marina, settle the following prohibitions: 1. General: to) fishing trawlers, longline bottom and surface mode, underwater fishing, "jigging", and the use or possession on board any other gear or tackle other than those permitted, and extractions of fauna and flora Apart from fishing and scientific activities authorised.
(b) the collection or extraction of bodies or parts of bodies, animals or plants, living or dead, except for duly authorized fishing and scientific activities.
(c) extraction of minerals or remains of any kind.
(d) feed the animals.
(e) carrying out any type of discharge and the placement of infrastructure on the sea.
2 specific: to) for the professional fishermen: 1 collection or capture not cephalopods molluscs and crustaceans.
2. the use of other arts or tackle other than those allowed in this order.
(b) for recreational fishermen: 1 the use of electric reels.
2nd collection or capture of crustaceans.
3rd collection or capture of molluscs other than squid.
4th running of courses or fishing contests.
5 those established in Royal Decree 347/2011, of 11 March, which regulates maritime fishing for recreation in foreign waters.
(c) for divers: 1 dive at night or from land.
2. the use of mechanical elements of underwater propulsion (torpedoes).
3rd perform sea trials or practices of diving schools.
4th tenure of any instrument that can be used for fishing or extraction of marine species, with the exception of a knife, for security reasons.
(d) for vessels. For those dedicated to the activity of diving pleasure, holding on Board of any instrument, art or tackle can be used for fishing or extraction of marine species.
Article 6. Anchoring of vessels and use of the diving points mooring buoys.
1. not allowed to anchor in the reserve marina, except for emergency reasons related to maritime safety, the national, or safety of human life at sea.
2. when the reservation marina available dive spots signalling buoys, their use will be reserved for vessels from which will go to this activity, and will be regulated by a decision of the Directorate-General for fisheries resources and aquaculture, according to technical limitations determined by the technical characteristics of these buoys.
Article 7. Census-specific commercial maritime fishing in the reserve marina of Cabo de Gata-Nijar.
1. the census specific fisheries Professional with right of access to the waters of the reserve marina, to be developed in accordance with provisions of article 26 of the law 3/2001, 26 March, maritime fishing from the State.
2. ships entitled to exercise commercial maritime fishing in the reserve marina will be which have base port in Almeria Carboneras belong to these brotherhoods or organisations representing the fisheries sector of the province of Almeria, are registered in the corresponding mode in the Mediterranean fishery and demonstrate his habitually in the exercise of commercial fishing in the area from the three years prior to the creation of the reserve marina. For these purposes, boat not must have changed the port in the past three years.
3. these vessels will be included in a specific census of the reserve marine with right of access to the waters of the same.
4. this census, which will be point, will be reviewed and updated periodically by the General Secretariat of the sea.
5. to request the inclusion in the Census of a boat, this should be in a situation of high operational fishing fleet census.
6. the application for inclusion may be submitted the owner or the owner of the boat at any time. As the census is updated, the Directorate-General for fisheries resources and aquaculture may be authorised temporarily to a vessel at the practice of the activity.
7. the request shall be accompanied by the documentation relating to the vessel and its owners and shipowners.
8. in any case, the number of boats in sea point census will be overcome.
9. the vessels included in the census may be substituted for others whenever new meet the requirements of port base, modality and habitually or their inclusion does not mean an increase of fishing effort in the reserve marina. For those devoted to minor arts, its maximum length is less than 10 metres.
10. those vessels having no activity for a period of one year, without justified cause, can be given low in the Census of the reserve marina.
Article 8. Submission of applications.
1. Requests for authorization for the exercise of activities in the reserve marina should be addressed to the Director-General for fisheries resources and aquaculture.
2. the requests for authorization or allocation of quota for the recreational diving will be taught by the Subdirectorate-General for marine resources and aquaculture depending on your entry in the same order, and until the quota available, if any, for the activity.
3. applications for the practice of subaqueous activities of recreation centers and dive clubs should be submitted during the month of November for the following year and the authorization is valid annual. Authorisations for underwater activities of leisure to be carried out by private individuals may be submitted at any time and its validity shall be three months.
4. Requests for the practice of the marine recreational fishing from boat may be submitted at any time and its validity shall be one year.
5. applications should be submitted in the dependence of the functional Area of agriculture and fisheries of the prefectures in Almería, or in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Also, stakeholders may submit their applications and processing procedures resulting from this rule electronically. The Ministry of environment and Rural and Marine Affairs will provide are enabled the means necessary to make effective this way, in the direction: https://sede.marm.gob.es/portal/site/se, or in the intranet of the Department.
6 requests to carry out experimental didactic and scientific activities will be presented in advance, at least fifteen days so that they can be properly evaluated.
7. the Directorate-General for fisheries resources and aquaculture will resolve requests within a maximum period of three weeks, counted from the date of your check in the General direction, approving or denying authorization.
8. in the case of no decision is expressed within that period, applications shall be ignored.
9. against decisions, which may not end to the administrative procedure, may bring appeal to the head of the General Secretariat of the sea, of the Ministry of environment and Rural and marine affairs.
Article 9. Documentation.
1. applicants who have already obtained authorization previously only required, when applying for a new authorization, that documentation that has expired or has been modified with respect to the previous authorization.
2 new applications, which shall contain the details referred to in article 70 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, should be submitted accompanied, at least the following documentation:
(a) relative to the boat: 1 title of the pattern of the boat.
2nd last dispatch of the vessel.
3 certificate of seaworthiness of the vessel.
4th insurance in force of the boat.
5 in the case of which concerned vessels commercially engaged in these activities, a photocopy of the authorization issued by the body competent to engage in maritime activities tourist - recreational.
(b) all activities concerning: commitment, signed by the applicant, meet the requirements laid down in the regulations in force in the field of maritime safety and navigation, qualifications, licenses and insurance for the practice of the activity to which the request relates. In the case of the dive centers, the commitment must include the check the identity and qualifications of divers that lead to the reserve marina and keep a record of them.
(c) for the practice of recreational diving.
1 in the case of underwater recreational activities to be carried out by individuals, identification, issued, recognized or approved by an autonomous community, diving title safe for diving and medical examination in force.
2nd divers must prove a minimum experience of twenty-five dives that, at least one, it must have been performed in the last twelve months, from the date of the request.
3rd for the diving centres, accreditation to be authorised to engage in the activity by the corresponding autonomous community.
4th for clubs of diving, supporting documentation of its Constitution and list of members, which will include your ID and title of diving which possess.
(d) for the practice of the marine recreational fishing: 1 license of fishing provided for in the regulations.
2nd where appropriate, copies of the authorization granted for the capture and holding on Board of species subject to differential protection, as provided for in article 10 of the Royal Decree 347/2011, on 11 March, which regulates maritime fishing for recreation in foreign waters.
(e) for the scientific activities and didactic - experimental: 1 descriptive and supporting memory of works that are intended to perform.
2. object of the same.
3rd description of the work.
4th methodology and techniques to be used.
6 personal media and materials to be used.
(f) other documentation that may be required under its regulatory legislation.
Article 10. Control of activities.
1. the guards of the reserve marina, responsible for its control and surveillance, prevent the Commission of offences in the same, and will denounce cases of non-compliance with the regulations in force within the reserve marina.
2. Likewise, may carry out checks identity and documentation relating to the activities that are taking place in the reserve marina. If they detected any irregularity in the documentations, arise the corresponding Act, in which the causes of the breach will be detailed.
Article 11. Days for the marine recreational fishing.
Weekdays for the marine recreational fishing, shall be those laid down in the annex to this order.
Article 12. Maximum quota of divers.
The maximum quota of divers, will be laid down in the annex to this order.
Article 13. Allocation of quota for recreational diving.
1 the General Secretariat of the sea shall assign partial quota for the autonomous diving for recreation in the reserve marina to the following types of entities: to) diving centers.
(b) diving clubs.
(c) associations, centres and clubs of diving.
2. the quota allocation will be made by resolution of the Director-General for fisheries resources and aquaculture and it is set to the percentage of quota assigned and its concretion in number of divers per week which can perform underwater activities organized by institutions be granted to such assignment.
3. the Directorate-General for fisheries resources and aquaculture will resolve requests within a maximum period of one month from the date of your check in the General direction.
4. in the case of not to produce resolution expresses, requests shall be ignored.
5. against decisions, which may not end to the administrative procedure, may bring appeal to the head of the Ministry of environment and Rural and marine affairs.
Article 14. Criteria for the allocation of quota for recreational diving.
To assess the appropriateness of the allocation of the quota and to establish the percentage of allocated quota shall take into account the following criteria: to) older than three years in the exercise of underwater activities in the reserve marina.
(b) volume of activity in the reserve marina in the three years prior to the application.
(c) that the access to the reserve's other entities of diving without any allocation of quota is guaranteed.
Article 15. Conditions of the allocation of quota.
Partial quota allocations will be subject to compliance with the following conditions: to) the assigned partial quota cannot be transferred to third parties total or in part.
(b) the entities referred to in article 13, that a partial quota assigned to them may not get to their boats or associated authorization in charge of the remaining quota for the realization of the same activity.
(c) entities shall send to the Secretary General del Mar, once the season of diving, a detailed report of the use of the assigned quota. The report must contain, in accurate and truthful way, an indication of the number of authorized divers and the number that actually practiced activity; the number of guides who accompanied the Group on each dive, and the date and place of dips in the reserve marina.
Article 16. 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.
Sole transitional provision. Vessels engaged in recreational diving.
Until they are installed for the diving boats mooring buoys, these may anchor in areas of diving referred to in the annex to this order, taking care to always do so on bottoms of sand, outside of the prairies of oceanic Posidonia or other marine phanerogams and minimising the impact of the funding. Diving will be held from the anchored boat and dip will begin and end at the place where the vessel is anchored.
Sole repeal provision. Repeal legislation.
The order of 3 July 1995 which establishes the reserve marina of Cabo de Gata-Nijar is repealed.
First final provision. Skill-related title.
This order is issued under cover of the provisions of article 149.1.19 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 on the day following its publication in the «Official Gazette».
Madrid, June 15, 2011.-the Minister of environment and Rural and Marine Affairs, Rosa Aguilar Rivero.
ANNEX 1. Access to the reserve marina.
Vessels accessing the reserve marina for permitted activities must inform the reservation service marine monitoring service phones listed in the corresponding authorization or by contacting the service by V.H.F, channel 16 or 9, and will be provided a telephone number to also give warnings in that way.
2. exercise of the permitted activities.
A) commercial maritime fishing.
1st professional fishing activities within the reserve marina will not be permitted Saturdays, Sundays or holidays of Andalusian national and regional level. The arts must be removed on Friday noon, or noon on the eve of the holiday, and can again be set on Sunday from 16:00 or 16:00 of the previous business day holiday.
2nd all catches taking place within the reserve marina are subject to the limitation of sizes and species of prohibited catch, according to the regulations governing these aspects in the national fishery in the Mediterranean and the rest of applicable environmental regulations.
3 the definition and technical measures of crafts and fishing gear permitted in the marine reserve are those set out in the legislation regulating them in the national fishery in the Mediterranean.
The trammel and the palangrillo calamento: course of Beach (following elevation).
Maximum opening time: 16 hours.
(B) recreational marine fishing.
1 the General direction of the fisheries resources and aquaculture may regulate the daily maximum quota of recreational reserve fishing boats marina depending on seasonality and the results of the monitoring of the reserve marina.
2nd the working for the practice of this activity days are Tuesday, Thursday, Saturday, Sunday and public holidays from Andalusian national and regional level.
3rd activity schedule: between the rising and setting of the Sun.
4th permitted modalities: Chambel or kite, to use from boat to heave. Fishing will take place outside the boundary of the prairies of oceanic Posidonia.
5th gear and hooks.
a) gear by Fisher: 1 for chambel.
2 for trolling.
(b) hooks per rig: Chambel: 3. the minimum amplitude of the sine of the hook will be 8.5 mm For the fishing of the gallant the minimum amplitude of the sine of the hook will be 5.7 mm.
Trolling: 3 artificial baits for fishing tackle store.
(c) rigs by boat: 4. 6 catch limit:
General: 5 kg per fisherman per day. A top piece to this weight per fisherman per day may not compute is.
Galanes: 30 fisherman and day, whose size will exceed 15 centimeters.
7th seasons: for the fishing of the gallant: from May 1 to August 15, both inclusive.
For the rest of modalities: throughout the year, except between 1 November and 1 December, both inclusive, in that the practice of the activity will be closed.
8th species prohibited for recreational sea fishing: in addition to those set out in article 5.2. b, as follows: grouper. Epinephelus marginatus.
Shi drum. Umbrina cirrosa.
Corvina. Sciaena umbra. / Argyrosomus regius.
Pollock. Mycteroperca Costa.
9th species permitted the trolling of surface, without prejudice to the need for another type of specific authorizations: horse mackerel (Trachurus spp.).
Mackerel (Scomber scombrus).
Chub mackerel (Scomber japonicus).
Bonito (Sarda sarda).
Frigate mackerel (Auxis thazard).
Albacore (Thunnus alalunga).
Permit (Trachinotus ovatus).
Dolphinfish (Coryphaena hippurus).
Milk (Seriola dumerili).
Pomfret (Lichia amia) or Ridge.
Spit (Spyraena Barracuda).
(C) recreational underwater activities.
1 during the dives there can be no more than one boat of divers at each point or area of diving.
2nd the necessary guidelines for the safety of the Group of immersion, as set out in the regulations, are not counted in the quota.
3 without prejudice to the provisions of the certificate of airworthiness of each boat, the maximum number of divers per boat will be 12.
4th shipping schedules of dives by scuba diving entities: must send them a week in advance, the Monday of each week for the dives planned the following week.
Send them by fax or by electronic means, between 08:00 and 18:00 to the maintenance and protection of the reserve service marina.
5 programming by private shipping: must inform the reservation service marina of the dives that are intended to perform, to plan the access depending on the space available.
6 points or areas of diving and diving quota: name location (WGS - 84) dives per year donkeys - the yellow 36º 43, 831' N; 002 ° 07, 120' w 2,000 steam 36º 42, 670' N; 002 ° 12, 340' W 2000