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Order Apa/3803/2005 Of 2 December, Which Establishes A Temporary Ban For The Modality Of Purse-Seine Fishing On The Coast Of The Valencian Community.

Original Language Title: ORDEN APA/3803/2005, de 2 de diciembre, por la que se establece una veda temporal para la pesca de la modalidad de cerco en el litoral de la Comunidad Valenciana.

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TEXT

Council Regulation (EC) No 1626/94 of 27 June laying down certain technical measures for the conservation of fishery resources in the Mediterranean states, in accordance with Article 1 (2), that the Member States are to Coastal members may legislate in the territorial scope of application of the same, including in matters of non-professional fishing, by adopting supplementary protective measures, provided that they are compatible with Community law and are in conformity with the Common Fisheries Policy. Law 3/2001, of 26 March, on the State's Maritime Fisheries, establishes between its aims to ensure the balanced and responsible exploitation of fishery resources by promoting its sustainable development and to take the necessary measures to protect, conserve and regenerate these resources and their ecosystems, adapting the effort of the fleet to the situation of the same. Article 12 of Law 3/2001 of 26 March 2001 provides that, in order to protect, conserve and recover fish stocks, the Minister for Agriculture, Fisheries and Fisheries, with a report from the Spanish Institute of Oceanography, Food 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 any other measures deemed necessary. The regulatory regulation of this type of fishing is contained in Royal Decree 429/2004, of March 12, establishing measures of management of the fishing fleet of encirclement and for the National Fishing of the Mediterranean, in the Order APA/678/2004, of 5 March, for the regulation of fishing with purse seines in that fishing grounds. On the other hand, the Valencian Community has established a fishing plan for its inland waters to allow the regeneration of pelagic resources in the area, which entails the temporary cessation of the purse seine fleet. In order to make the measure fully effective, the fishing authorities of the Valencian Community have requested from the State Administration that, in the field of their powers, the same obligation be established for external waters between the Same dates. In accordance with Article 1 of Regulation (EC) No 1626/94, the procedure for the communication of the draft to the European Commission has been completed. A mandatory report has been requested from the Spanish Institute of Oceanography and has been consulted prior to the Valencian Community and the affected fishing sector. This Order is issued in accordance with the provisions of Article 12 of Law 3/2001 of 26 March on the Maritime Fisheries of the State. In its virtue, I have:

Article 1. Closed area.

The fishing for purse seines, for Spanish vessels, in the external waters off the coast of the Valencian Community shall be prohibited between 8 December 2005 and 31 January 2006, inclusive.

Article 2. Infractions and sanctions.

The violations of the provisions of this Order will be sanctioned in accordance with the provisions of Law 3/2001, of March 26, of Maritime Fisheries of the State.

Single end disposition. Entry into force.

This Order will enter into force on 8 December 2005.

Madrid, 2 December 2005.

ESPINOSA MANGANA