Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean, lays down, in Article 1 (2), that Coastal Member States may legislate in the territorial scope of application of this Regulation, including in respect of non-professional fishing, by adopting additional protective measures, provided that such measures are compatible with Community law and in accordance with the Common Fisheries Policy. Law 3/2001 of 26 March 2001 on the Maritime Fisheries of the State establishes between its aims to ensure the balanced and responsible exploitation of fishery resources by promoting their 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 provides that, in order to protect, conserve and recover fish stocks, and after a report from the Spanish Oceanography Institute, the Minister for Agriculture, Fisheries and Food may to 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 to take those 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, which entails the temporary cessation of the purse seine fleet. 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. The Spanish Oceanography Institute has issued a mandatory report 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.

fishing for purse seines, for Spanish vessels, is prohibited in the outer waters of the peninsular coast situated in front of the Valencian Community, between 1 December 2004 and 31 January 2005, both 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 1 December 2004.

Madrid, 30 November 2004.

ESPINOSA MANGANA