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Order Apa/116/2003 Of January 28, By Which Establishes A Temporary Ban For The Modality Of Purse-Seine Fishing In The Mediterranean Coast Of Andalusia.

Original Language Title: ORDEN APA/116/2003, de 28 de enero, por la que se establece una veda temporal para la pesca de la modalidad de cerco en el litoral mediterráneo de Andalucía.

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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, of Maritime Fisheries of the State, establishes between its aims to ensure the balanced and responsible exploitation of the fishery resources by promoting 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.

Also referred to in Article 12 of Law 3/2001, which, in order to protect, conserve and recover fishery resources, and prior report of the Spanish Institute of Oceanography, the Minister of Agriculture, Fisheries and 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.

On the other hand, as in previous years, the Autonomous Community of Andalusia 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 communicating the project to the European Commission has been completed.

The Spanish Oceanography Institute has issued a mandatory report and has been consulted prior to the Autonomous Community of Andalusia 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.

1. Fishing for purse seines, for Spanish vessels, in the outer waters of the peninsular coastline of the following maritime areas shall be prohibited during the following dates:

a) Litoral of the province of Almeria:

From 1 February 2003 to 31 March 2003, inclusive.

b) Litoral of the provinces of Granada and Malaga, and Mediterranean coast of the province of Cadiz:

From 1 March 2003 to 30 April 2003, both inclusive.

2. From the prohibition referred to in the previous paragraph, vessels with a permit to fish for live bait shall be exempt.

Article 2. Infractions and sanctions.

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

Single end disposition. Entry into force.

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

Madrid, 28 January 2003.

CANETE ARIAS