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Resolution Of 2 July, 2013, The General Direction Of Sustainability Of The Coast And The Sea, Which The Marine Reserves Of Fishing Interest Of State Competition Are Integrated In Spain Areas Marine Protected Network.

Original Language Title: Resolución de 2 de julio de 2013, de la Dirección General de Sostenibilidad de la Costa y del Mar, por la que se integran en la Red de Áreas Marinas Protegidas de España las reservas marinas de interés pesquero de competencia estatal.

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Law 41/2010, of 29 December, of protection of the marine environment, formally creates (article 24) the Network of Marine Protected Areas of Spain (hereinafter RAMPE), constituted by protected spaces in the Spanish marine environment, representative of the marine natural heritage, irrespective of the fact that its declaration and management are governed by international, Community and State rules, as well as its regulatory framework and the system of relations necessary for its operation. This rule lists, in Article 26.1, the protected areas which may form part of the RAMPE, including the marine reserves covered by Law 3/2001 of 26 March of the Maritime Fisheries of the State, without prejudice to their declaration and management is carried out in accordance with the provisions of that law. This same article, in its second paragraph, states that the Ministry of Agriculture, Food and Environment will establish the criteria for integration into the RAMPE according to which it will include those spaces of state competence. Article 5 of Royal Decree 1599/2011 of 4 November establishing the criteria for the integration of protected marine spaces in the RAMPE provides for five such criteria.

Through the corresponding legal instruments, they have been declared, to favor the protection and regeneration of living marine resources, ten marine reserves in which the State, exclusively or in a shared way with the autonomous communities (CCAA)-in those reserves that provide inland waters-exercises the powers of management of the protected marine space. Thus, the General Administration of the State, through the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment (MAGRAMA), is the sole responsible for the management in the following marine reserves: (1990), Cabo de Gata-Nijar (1995), Isla de Alborán (1997), Masia Blanca (1999), and Isla de la Palma (2001), indicating their date of declaration. On the other hand, the Marine Reserves of Tabarca Island (1986), Isla de la Graciosa e Islots del Norte de Lanzarote (1995), Cabo de Palos-Islas Ants (1995), Punta de la Restinga-Mar de las Calmas (1996), and Cala Ratjada-Levante de Mallorca (2007), are mixed management spaces, i.e. managed by the General Secretariat for Fisheries of the MAGRAMA in external waters and by the CCAA in inland waters.

In order to determine the integration in the RAMPE of the aforementioned Marine Reserves, this Directorate General of Sustainability of the Coast and the Sea has carried out the corresponding analysis, whose conclusions are:

Royal Decree 401/2012 of 17 February, for which the basic organic structure of the Ministry of Agriculture, Food and the Environment is developed, establishes in Article 5 that correspond to the General Directorate of Sustainability of the Coast and the Sea the functions deriving from the competences that Law 41/2010, of December 29, attributes to this Ministry in relation to the RAMPE. Therefore, it is the role of this Directorate-General, as established by Royal Decree 1599/2011 of 4 November, in its article 3.b), in relation to the RAMPE, to assess whether the protected spaces which are candidates for the RAMPE meet the criteria for their integration established in that royal decree.

According to Article 13.2 of the aforementioned Law 3/2001, of March 26, the Spanish Institute of Oceanography, of the Ministry of Economy and Competitiveness, of the Ministry of Economy and Ministry of Defense, in the event that it was prompted on areas declared of interest to the National Defense or security zones of military installations, of the Ministry of Development, in the case that it will affect the harbour service, as well as of the Autonomous communities concerned, on aspects of their competence. The declaration establishes, in any case, the geographical delimitation of the area.

On October 4, 2012, a request is received from the Directorate General of Fisheries and Aquaculture Resources of the Ministry of Agriculture, Food and Environment, requesting that the Spanish Reserves Network Marine of Fisheries Interest, formed by the marine reserves of Masia Blanca, Islas Columbretes, Levante de Mallorca-Cala Ratjada, Isla de Tabarca, Cabo de Palos-Islas Antes, Cabo de Gata-Nijar, Alboran Island, Isla de la Graciosa and Islots del Norte from Lanzarote, Isla de la Palma and Punta de La Restinga-Mar de las Calmas, in the area of the Law 3/2001, of 26 March, of Maritime Fisheries of the State, are integrated into the RAMPE, understanding that they meet the objectives of the RAMPE as set out in article 25 of Law 41/2010, of December 29.

The Directorate General of Fisheries Resources and Aquaculture reports, by means of the letter received dated October 4, 2012, that scientific studies are being carried out in the marine reserves in collaboration with different universities and research centres, such as the CSIC and the IEO, among others, and highlights the dissemination and awareness-raising work they carry out, as well as the integration of these protected marine areas into the Natura 2000 network. Also, dated December 12, 2012, the area/extent and mapping data of the aforementioned State-wide Marine Reserves, which are regulated in Article 14 of Law 3/2001, of March 26, have been received. Maritime of the State.

For all this, and after consulting the State Council for Natural Heritage and Biodiversity, as mentioned in Article 3.b) of Royal Decree 1599/2011, of November 4, this General Directorate of Sustainability of the Costa and del Mar, resolves the integration in the Network of Marine Protected Areas of Spain, of the marine reserves of state-wide fishing interest, exclusive management of the General Administration of the State, and the foreign waters of the reserves Autonomous State-Community Joint Management Marine, governed by Article 14 of Law 3/2001, of 26 March, for Maritime Fisheries of the State:

Fishing Marine

Alboran Island.

Gata-Nijar Cape

ant islands cape. *

Cala Ratjada-Levante de Mallorca. *

Islands.

of the North of Lanzarote. *

Masia.

of the Palm.

Punta de La Restinga-Mar de las Calms. *

Island of Tabarca. *

* The external waters of these marine reserves are included in the RAMPE.

In compliance with the provisions of Law 41/2010, of 29 December, of protection of the marine environment, the Plan Director of the Network of Marine Protected Areas of Spain will constitute the basic instrument of coordination in management of the marine protected areas, for the achievement of the objectives of the Network, which will be elaborated by the Ministry of Agriculture, Food and Environment.

Madrid, 2 July 2013. -Director General of Sustainability of the Coast and the Sea, Pablo Saavedra Inaraja.