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Order Apa/1261/2002, Dated May 29, Which Establishes A Temporary Ban For The Modality Of Bottom Trawling Fisheries On The Coast Of The Region Of Murcia.

Original Language Title: ORDEN APA/1261/2002, de 29 de mayo, por la que se establece una veda temporal para la pesca de la modalidad de arrastre de fondo en el litoral de la RegiĆ³n de Murcia.

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Regulation (EEC) No 1626/94 of the Council laying down certain technical measures for the conservation of fishery resources in the Mediterranean provides, in Article 1, that the coastal Member States may to legislate in the territorial scope of application, including in the field of non-professional fishing, by adopting supplementary protective measures, provided that these measures are compatible with Community law and comply 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.

On the other hand, Royal Decree 1440/1999 of 10 September, which regulates the exercise of fishing with bottom trawling gear in the National Fisheries of the Mediterranean, provides, in its final provision, that it is empowers the Minister for Agriculture, Fisheries and Food to lay down, within the scope of his powers, the provisions necessary for the implementation and application of the provisions of the Agreement, and in particular to regulate fishing plans, with specific regulations and establish vedas and funds justified by the state of the resources, all of which in accordance with the previous report of the Spanish Oceanography Institute.

As in previous years, the Autonomous Community of Murcia has established a Fisheries Plan for its inland waters, which leads to the temporary cessation of its trawling 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 Institute of Oceanography has issued a mandatory report and has been consulted prior to the Autonomous Community of Murcia and the affected fishing sector.

This Order is issued in accordance with the provisions of Article 13 of Law 3/2001 of 26 March on the Maritime Fisheries of the State.

In its virtue, I have:

Article 1. Closed area.

From the date of entry into force of this Order until 30 June 2002, both inclusive, fishing for bottom trawling of Spanish vessels in the external waters of the coast of the province of Murcia.

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

Madrid, 29 May 2002.

CANETE ARIAS