Order Of 3 July 1995 That Establishes The Reserve Marina Of Cabo De Gata-Nijar.

Original Language Title: Orden de 3 de julio de 1995 por la que se establece la reserva marina de cabo de Gata-Níjar.

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The coastal strip bordering on the natural park of Cabo de Gata-Nijar, represents an area of high ecological value and fisheries coincide in this area both the characteristics of the Mediterranean coast, and those derived from a clear influence of the waters of the Atlantic Ocean. The Declaration of Natural Park has allowed to maintain in good state of conservation marine biological communities to be located on a sparsely populated territory devoid of industrial or tourist centres of significant importance.


The creation of this reserve Navy responds to the fulfilment of the objectives pursued by Regulation (EC) 1626 / 1994 of the Council is establishing certain technical measures for the conservation of fish stocks in the Mediterranean and, in particular, the protection of the prairies of spermatophytes marine, as referred to in article 3.3 and annex I of that regulation.


In addition, this measure of direct protection of coastal living resources potentially mineable must be framed among the objectives set out in the operational programme, prepared in accordance with title I of Regulation (EEC) 3699/1993, of the Council, of 21 December 1993, which defined the criteria and conditions of Community structural interventions in the fisheries sector , aquaculture, processing and marketing of products of the fishing.


By decision of the Commission of 2 December 1994, approved the operational programme for the regions of the objective number 1 of Regulation (EEC) 2052 / 1988 of 24 June.


The creation of this reserve Navy responds to the provisions of Article 130R of the Treaty of the European Union, which required that the environmental protection requirements must be integrated in the definition and implementation of other Community policies, as well as the conclusions emanating from the Convention on the diversity biological of the Declaration of the of the national United Conference on environment and development made in Rio de Janeiro on 5 June 1992, that occurred in the same sense that the Treaty, i.e. integrating environmental aspects into sectoral policy.


Also the mandatory report from the Spanish Institute of Oceanography confirms the interest declared this area as a marine reserve. On the other hand, has had hearing the affected fisheries and local organizations with interests in the environment.


This order is pronounced under the exclusive State competence on maritime fisheries established in article 149.1.19 of the Constitution.


By virtue, on the proposal of the Secretary-General for maritime fisheries, have: article 1. Delimitation of the reserve marina.


Sets a reserve marina on the coast adjacent to the natural park Cabo de Gata-Nijar, comprising the portion of foreign waters between base lines straight and the Strip which is one mile from the coast line and bounded to the West of Cabo de Gata, by the mouth of the rambla in the water, in the municipality of Almería and the East by the mouth of the ravine of the Hondo , in the town of Carboneras.


Article 2. Definition of integral reserves.


Within the aforementioned marine referred to in the previous article, establishing the integral reserve areas defined by the following geographical points: Cabo de Gata: 1. 1 36 ° 43,45 N; L 02 ° 11.50 W.


2. 1 36 ° 43,45 N; L 02 ° 11.70 W.


3. 1 36 ° 42,40 N; L 02 ° 11.70 W.


4. 1 36 ° 42,20 N; L 02 ° 10.95 W.


5. 1 36 ° 43,30 N; L 02 ° 10.95 W.


Pepper's Genoese: 1. 1 36 ° 44.20 N; L 02 ° 07,05 W.


2. 1 36 ° 44.20 N; L 02 ° 06,45 W.


3. 1 36 ° 44.50 N; L 02 ° 06,45 W.


4. 1 36 ° 44.50 N; L 02 ° 07,05 W.


5. 1 36 ° 44,40 N; L 02 ° 07,05 W.


Bare Hill Tip: 1. 1 36 ° 46,65 N; L 02 ° 03,75 W.


2. 1 36 ° 46,65 N; L 02 ° 02,80 W.


3. 1 36 ° 47.70 N; L 02 ° 02.30 W.


4. 1 36 ° 47,45 N; L 02 ° 03,60 W.


Tip of the Polacra: 1. 1 36 ° 50,20 N; L 02 ° 00,35 W.


2. 1 36 ° 49,60 N; L 02 ° 00,00 W.


3. 1 36 ° 50,40 N; L 01 ° 58.90 W.


4. 1 36 ° 51,45 N; L 01 ° 58.90 W.


5. 1 36 ° 51,45 N; L 01 ° 59.85 W.


Tip of the half: 1. 1 36 ° 56,15 N; L 01 ° 55.00 W.


2. 1 36 ° 55,60 N; L 01 ° 54.70 W.


3. 1 36 ° 55,85 N; L 01 ° 53,90 W.


4. 1 36 ° 56.25 N; L 01 ° 53,50 W.


5. 1 36 ° 57,00 N; L 01 ° 53,40 W.


6. 1 36 ° 57,00 N; L 01 ° 53.70 W.


Article 3. Limitations of use integral reserves.


As a general rule, in the area of integral reserve shown any kind of maritime fishing, extraction of flora and fauna and underwater activities is prohibited.


For purposes of scientific character and prior authorization expressed the Secretary General of maritime fishing, you can allow access to these areas and sampling of flora and fauna.


Article 4. Limitations of use in the reserve marina.


Within the marine reserve and off-reserve areas, prohibited all kinds of sea-fishing and extraction of flora and fauna, marine, with the following exceptions: 1. the exercise of the professional maritime fishing, crafts and gear traditionally used in the area.


2. sampling of marine flora and fauna, expressly authorized by the General Secretariat for maritime fisheries to make the scientific follow-up of the reserve marina.


Article 5. Preparation of the census.


For the purpose of applying the limitations in professional fishing activity that includes the present order, the General Secretariat for maritime fisheries shall develop census of the vessels with the right to exercise the fishing in the area of the reserve marina.


Article 6. Diving.


In the reserve marina, on the outside of the integral reserve, you can practice scuba diving.


However, divers do not behave, in no case, or by hand or in the boat, any instrument that can be used to engage in fishing or extraction of marine species.


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


The management of the means for the management of the reserve marina of cabo de Gata-Nijar, maritime fisheries, will attend with the provisions of chapters 2 and 6 of the budgets of the General Secretariat for maritime fisheries, being able to access to co-financing with the financial instrument for fisheries guidance (FIFG) funds, as specified in the operational programme of objective number 5 to) regions objective number 1.


Sole transitional provision. Authorizations.


Until the census is referred to in article 5 of this provision, professional fishing, in the area of the reserve marina, will be held with the same boats and modalities so far is exercising.


First final provision. School of application.


Authorizing the Secretary-General for maritime fisheries to dictate resolutions and measures which are necessary for the fulfillment of this order.


Second final provision. Entry into force.


This order shall enter into force the day following its publication in the "Official Gazette".


Madrid, July 3, 1995.


ATIENZA SERNA Ilmos. Mr Secretary-General for maritime fisheries, Director-general of fisheries structures and Director-general of fisheries resources.