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Order 85/arm/2011, Of 25 January, By Which Establishes A Temporary Ban For Fishing Of The Modality Of Bottom Trawling In Certain Areas Of The Coast Of Catalonia.

Original Language Title: Orden ARM/85/2011, de 25 de enero, por la que se establece una veda temporal para la pesca de la modalidad de arrastre de fondo en determinadas zonas del litoral de Cataluña.

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Council Regulation (EC) No 1967/2006 of 21 December 2006 on management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulation (EC) No 1967/2006 2847/93 and repealing Regulation (EC) No 1626/94, sets as the main objective the establishment of an effective management framework for the strict protection of certain marine species, as well as the conservation of natural habitats and fauna and flora. wild.

Law 3/2001, of 26 March, of Maritime Fisheries of the State, includes among its aims to ensure the balanced and responsible exploitation of the fishery resources favoring its sustainable development and to adopt the measures precise to protect, conserve and regenerate these resources and their ecosystems, adapting the effort of the fleet to the situation of the same.

Likewise, the aforementioned law establishes, in its article 12, that, in order to protect, conserve and recover the fishery resources, and prior to the report of the Spanish Institute of Oceanography, the holder of the Department may establish minimum funds, areas or periods of closure in which the exercise of fishing activities or the catch of certain species is limited or prohibited, as well as the adoption of such other measures as are deemed necessary.

On the other hand, Royal Decree 1440/1999 of 10 September, which regulates the exercise of fishing with bottom trawling gear in the fishing area of the Mediterranean, lays down, in its second final provision, that the the holder of the Department, in order to issue, within the scope of his powers, the provisions necessary for the fulfilment and implementation of the provisions of the Department and, in particular, to regulate fishing plans, with specific rules and to establish vedas and funds justified by the state of the resources, all in accordance with the previous report of the Spanish Institute of Oceanography.

Scientific reports to the effect, they confirm that it is advisable to establish protective measures for populations of demersal species, including the establishment of silks on the coast of Catalonia.

The communication procedure has been completed to the Commission of the European Union provided for in Article 46 of Council Regulation (EC) No 850/98 of 30 March 1998.

A mandatory report has been requested from the Spanish Institute of Oceanography and prior consultation has been carried out with the Autonomous Community of Catalonia and the affected fishing sector.

This order is issued pursuant to Article 12 of Law 3/2001 of March 26, and of the final provision of Royal Decree 429/2004, of March 12.

In its virtue, I have:

Article 1. Object.

The purpose of this order is to establish a temporary closure for the fishing of bottom trawling in certain areas of the coast of Catalonia, in the zones and dates that are determined in the following article.

Article 2. No-closed zones.

Fishing for bottom trawling, Spanish vessels in the outer waters of the following sea areas shall be prohibited during the dates indicated:

a) Zone between the border with France and the delay of 102nd-drawn from latitude 42º02 '33.34' north and longitude 003º13 '48.45' east, located in the southeast of the Medes Islands, from 1 February to the day March 3, 2011, inclusive.

(b) Zone between the delay of 102nd defined in the preceding paragraph and the delay of 126,5 ° drawn from the Tossa de Mar lighthouse, in latitude 41º43 '00,50 "north and longitude 002º56' 05,70" east, from the day of entry in force until 31 January 2011, both inclusive.

(c) Zone between the delay of 126,5 ° drawn from the Tossa de Mar lighthouse defined in the preceding paragraph and the delay of 135º drawn from the tip of Sant Genis in latitude 41º29 '59.80' north and longitude 002º23 ' 23.80 " from 1 February to 3 March 2011, both inclusive.

Article 3. Infringements and penalties.

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

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 its publication in the "Official State Gazette".

Madrid, 25 January 2011. -Minister for the Environment, and Rural and Marine Environment, Rosa Aguilar Rivero.