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Order Aaa/2799/2012, Of 21 December, Which Establishes A Temporary Ban For The Modality Of Purse-Seine Fishing On The Coast Of The Region Of Murcia.

Original Language Title: Orden AAA/2799/2012, de 21 de diciembre, por la que establece una veda temporal para la pesca de la modalidad de cerco en el litoral de la Región de Murcia.

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Council Regulation (EC) No 1967/2006 of 21 December 2006 on management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending Regulation (EC) No 1967/2006 2847/93 and repealing Regulation (EC) No 1626/94, it marks the main objective of establishing an effective management framework for the strict protection of certain marine species, as well as the conservation of natural habitats and fauna and flora. wild.

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, the aforementioned Law 3/2001, of March 26, establishes in its article 12 that, in order to protect, conserve and recover the fishery resources, and prior report of the Spanish Institute of Oceanography, the holder of the Department may establish minimum funds, zones or periods of closure in which the exercise of fishing activities or the catch of certain species is limited or prohibited, as well as the adoption of such other measures as may be considered required.

On the other hand, Royal Decree 429/2004, of 12 March, establishing measures for the management of the fishing fleet of encirclement, affects all national fishing grounds and empowers the Minister for the second time to dictate, in the field of their competence, the standards for compliance and development.

Likewise, Order ARM/2529/2011 of 21 September, which regulates fishing with purse seines in the Mediterranean fishing grounds, lays down the technical conditions under which this fishery should be specifically developed in the Mediterranean. referred to.

The available scientific reports confirm that it is advisable to establish measures for the protection and reduction of fishing effort for small pelagic stocks.

The Spanish Oceanography Institute has issued its mandatory report and has been consulted prior to the Autonomous Community of the Region of Murcia and the affected fishing sector.

This order is issued pursuant to Article 12 of Law 3/2001 of March 26, and of the final provision of Royal Decree 429/2004, of March 12.

In its virtue, I have:

Article 1. Zone and period of closure.

The fishing of the Spanish vessels in the outer waters of the coast of the Region of Murcia shall be prohibited from the day of entry into force of this order until 31 December 2012, both inclusive.

By way of derogation from the foregoing paragraph, those activities which, where appropriate, may be expressly authorised by the General Secretariat for Fisheries in the framework of experimental or scientific campaigns, shall be excluded from the prohibition. fishing research.

Article 2. Infractions and sanctions.

Failure to comply with the provisions of this order shall be sanctioned in accordance with the provisions of Title V of Law 3/2001 of 26 March on the Maritime Fisheries of the State.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.19ª of the Constitution, which attributes to the State exclusive competence in the field of sea fishing.

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, December 21, 2012. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.