The coastal strip bordering the natural park of Cabo de Gata-Nijar, is an area of high ecological and fishing value, since the characteristics of the Mediterranean coast, as well as the characteristics of the Mediterranean coast, coincide in this area. derived from a clear influence of the waters of the Atlantic Ocean. The declaration of Parque Natural has allowed to maintain in good conservation the marine biological communities as they are located in a sparsely populated territory devoid of important industrial or tourist nuclei significant.

The creation of this marine reserve is in line with the objectives pursued by Council Regulation (EC) 1626/1994 laying down certain technical measures for the conservation of fishery resources in the Community. the Mediterranean and, in particular, the protection of the grassland of marine fanerogamas, as referred to in Article 3.3 and Annex I to that Regulation.

In addition, this measure of direct protection of potentially exploitable coastal living resources should be among the objectives set out in the operational programme, drawn up in accordance with Title I of the Regulation (EEC) 3699/1993 of the Council of 21 December 1993 laying down the criteria and conditions for Community structural assistance in the fisheries, aquaculture, processing and marketing of agricultural products fishing.

By decision of the Commission of 2 December 1994, the Operational Programme for the Regions of Objective 1 of Regulation (EEC) 2052/1988 of 24 June 1988 was approved.

The creation of this marine reserve is in line with Article 130r of the Treaty on European Union, in which it is stated that the requirements of environmental protection must be integrated into the definition and into the implementation of the other Community policies, as well as the conclusions of the Convention on Biological Diversity of the Declaration of the United Nations Conference on the Environment and Development, made in Rio de Janeiro On 5 June 1992, which took place in the same sense as the Treaty, namely to integrate the environmental aspects in sectoral policy.

In addition to the mandatory report of the Spanish Institute of Oceanography, the interest of declaring the area as a marine reserve is confirmed. On the other hand, the affected fishing industry and local organisations with interests in the environment have had a hearing.

This Order is dictated by the exclusive state competence in the field of maritime fisheries established by Article 149.1.19 of the Constitution.

In its virtue, on the proposal of the General Secretariat for Maritime Fisheries, I have:

Article 1. Delimitation of the marine reserve.

A marine reserve is established in the coastal strip adjacent to the Cabo de Gata-Níjar natural park, consisting of the portion of outer waters between the straight baselines and the strip which is a mile from the line From the coast and bounded to the west of Cabo de Gata, by the mouth of the water rambla, in the municipality of Almería and to the east by the mouth of El Barranco del Hondo, in the municipality of Carboneras.

Article 2. Definition of integral reserves.

Within the aforementioned marine reserve referred to in the previous article, the integral reserve zones defined by the following geographical points are established:

Cabo de Gata:

1. 1 36º 43.45 N; L 02º 11.50 W.

2. 1 36º 43.45 N; L 02º 11.70 W.

3. 1 36º 42.40 N; L 02º 11.70 W.

4. 1 36º 42.20 N; L 02º 10.95 W.

5. 1 36º 43.30 N; L 02º 10.95 W.

Morron de Genoveses:

1. 1 36º 44.20 N; L 02º 07.05 W.

2. 1 36º 44.20 N; L 02º 06.45 W.

3. 1 36º 44.50 N; L 02º 06.45 W.

4. 1 36º 44.50 N; L 02º 07.05 W.

5. 1 36º 44.40 N; L 02º 07.05 W.

Punta de Loma Pelada:

1. 1 36º 46.65 N; L 02º 03.75 W.

2. 1 36º 46.65 N; L 02º 02.80 W.

3. 1 36º 47.70 N; L 02º 02.30 W.

4. 1 36º 47.45 N; L 02º 03.60 W.

Punta de la Polacra:

1. 1 36º 50.20 N; L 02º 00,35 W.

2. 1 36º 49.60 N; L 02º 00.00 W.

3. 1 36º 50.40 N; L 01º 58.90 W.

4. 1 36º 51.45 N; L 01º 58.90 W.

5. 1 36º 51.45 N; L 01º 59.85 W.

Punta de la Media Naranja:

1. 1 36º 56.15 N; L 01º 55.00 W.

2. 1 36º 55.60 N; L 01º 54.70 W.

3. 1 36º 55.85 N; L 01º 53.90 W.

4. 1 36º 56.25 N; L 01º 53.50 W.

5. 1 36º 57.00 N; L 01º 53.40 W.

6. 1 36º 57.00 N; L 01º 53.70 W.

Article 3. Limitations of use in integral reserves.

In general, all types of sea fishing, fauna and flora extraction and underwater activities are prohibited in the integrated reserve zones.

For scientific purposes and subject to the express authorisation of the General Secretariat for Maritime Fisheries, access to these areas and the taking of samples of flora and fauna may be permitted.

Article 4. Limitations of use in the marine reserve.

Within the marine reserve and outside the integral reserve zones, all kinds of marine fishing and marine flora and fauna are prohibited, with the following exceptions:

1. The exercise of professional sea fishing, with the arts and gear traditionally used in the area.

2. Sampling of marine flora and fauna, expressly authorized by the General Secretariat of Maritime Fisheries to carry out scientific monitoring of the marine reserve.

Article 5. Compilation of the census.

For the purposes of applying the limitations in the professional fishing activity provided for in this Order, the General Secretariat of Maritime Fisheries shall establish, the census of vessels with the right to exercise fishing in the field of the marine reserve.

Article 6. Diving.

In the marine reserve, outside of the integral reserve areas, diving can be practiced.

However, divers shall in no case carry either by hand or on the vessel any instrument which may be used for the exercise of fishing or the extraction of marine species.

Article 7. Means for the management of the marine reserve.

The management of the marine fisheries reserve's management of the Gata-Nijar Cape, in the field of sea fishing, will be dealt with under the provisions of Chapters 2 and 6 of the Budgets of the General Secretariat for Fisheries. Maritime, being able to access co-financing with funds from the Financial Instrument for Fisheries Guidance (FIFG), in accordance with the Operational Programme of Objective 5 (a) of Objective 1 regions.

Single transient arrangement. Authorisations.

Until the preparation of the census referred to in Article 5 of this provision, the professional fishing activity, in the field of the marine reserve, shall be carried out with the same vessels and in the modalities It has so far been exercised.

Final disposition first. Power of application.

The Secretary-General of Maritime Fisheries is hereby authorized to issue the resolutions and to adopt the measures necessary for the fulfilment of this Order.

Final disposition second. Entry into force.

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

Madrid, 3 July 1995.

SERNA AGENT

Ilmos. Mr Secretary-General for Maritime Fisheries, Director-General of Fisheries Structures and Director-General of Fisheries Resources.