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Order Of 20 December 2001 That Establishes A Temporary Ban For Arts Of Trap Fishing In Foreign Waters Of The Island Of Fuerteventura.

Original Language Title: ORDEN de 20 de diciembre de 2001 por la que se establece una veda temporal para la pesca con artes de trampa en las aguas exteriores de la isla de Fuerteventura.

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TEXT

Regulation (EEC) No 3760/92 of the Council of 20 December establishing a Community system for fisheries and aquaculture as a general objective of the common fisheries policy, the protection and conservation of fishery resources marine resources and the organisation on a sustainable basis, of the rational and responsible exploitation of them, under appropriate economic conditions for the sector, taking into account their impact on the marine ecosystem and taking into account In particular, consideration should be given to both the needs of producers and consumers.

Council Regulation (EC) No 850/98 of 30 March on the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms lays down the technical measures for the implementation of the the Community waters and, among them, those in Region 5 in which the National Cale of the Canary Islands is located. Article 46 of that Regulation also provides for Member States to adopt measures for the conservation and management of stocks which go beyond the minimum requirements laid down in that Community legislation, provided that such measures are only applicable to the fishermen of the Member State concerned, compatible with Community law and in accordance 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, favoring its sustainable development and adopt the measures to protect, conserve and regenerate these resources and their ecosystems, adapting the fleet's effort to the situation of fishery resources.

The Royal Decree 2200/1986 of 19 September, of Regulation of Arts and Modes of Fishing in the waters of the canary fishing grounds, contemplates among the fishing gears and utensils whose use authorizes the ones of Nasa and drum. Furthermore, it empowers the Ministry of Agriculture, Fisheries and Food to make the necessary arrangements for its development in the field of its powers.

Considering the special characteristics of the canary fishing grounds, from the fishing point of view, and in particular those of the waters surrounding the island of Fuerteventura, it is appropriate in order to guarantee the a reasonable and sustainable exploitation of its fishery resources by the prohibition of fishing vessels, in particular by means of pots and drums.

The communication to the Commission provided for in Article 46.2 of Regulation (EC) No 850/1998 of the Council of 30 March for the conservation of fishery resources through technical measures has been completed. protection of juveniles of marine organisms.

In the preparation of this Order the Autonomous Community of the Canary Islands and the affected sector has been consulted. He has also submitted a report from the Spanish Institute of Oceanography.

This Order is issued in accordance with the provisions of Articles 10 and 12 of Law 3/2001 of 26 March 2001 on the Maritime Fisheries of the State.

In its virtue, I have:

Article 1. Scope of application.

This Order applies to Spanish flag vessels operating in the outer waters surrounding the island of Fuerteventura.

Article 2. Vedas.

For the period of one year from the entry into force of this Order, the fishing exercise shall be prohibited with the following modalities:

1. Nasties for the capture of fish, crustaceans and molluscs.

2. Drums, for the capture of fish and crustaceans, brunette and eels.

3. Any other type of utensil acting as a trap for the capture of bottom fish, crustaceans and molluscs.

This Order may be extended in successive periods according to its effectiveness and usefulness.

Article 3. Infringements and sanctions.

The failure to comply with the provisions of this Order will be sanctioned in accordance with the provisions 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, 20 December 2001.

CANETE ARIAS