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Order Aaa/733/2012, Of 10 April, Which Establishes A Temporary Ban For Fishing Of Bottom Trawling Mode In Certain Areas Of The Coast Of Catalonia.

Original Language Title: Orden AAA/733/2012, de 10 de abril, por la que establece una veda temporal para la pesca de la modalidad de arrastre de fondo en determinadas zonas del litoral de Cataluña.

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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 favoring 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 26 March, establishes, in Article 12, that, in order to protect, conserve and recover the fishery resources, and prior to the 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 1440/1999 of 10 September, governing the exercise of bottom trawl fishing in the national fishing grounds of the Mediterranean, provides, in its final provision, that the the holder of the Department, in order to issue, within the scope of his powers, the provisions necessary for the fulfilment and implementation of the provisions of the Department and, in particular, to regulate fishing plans, with specific rules and to establish vedas and funds justified by the state of the resources, all in accordance with the previous report of the Spanish Institute of Oceanography.

Current scientific reports confirm that it is advisable to establish protective measures for populations of demersal species, including the creation of vedas.

The Spanish Oceanography Institute has issued its mandatory report and has been consulted prior to the Autonomous Community of Catalonia 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. Closed areas.

Fishing of bottom trawling to Spanish vessels, in the outer waters of the following sea areas, shall be prohibited during the dates indicated:

a) Zone between the delay of 170º plotted from the tip of Sant Genis and the delay of 147th drawn from Torre Barona, in latitude 41st 15 '54 "north and longitude 001st 57' 42" east, from day 1 to day 30 of June 2012, both inclusive.

(b) Zone between the delay of 147th drawn from Torre Barona and the delay of 176th plotted from the thermal power station of Cubelles, in latitude 41st 12 '12 "north and longitude 001st 39' 24" east, from the entry into force of this order until 30 April 2012, both inclusive.

(c) Zone between the delay of 176th plotted from the Cubelles thermal power plant and the delay of 123rd plotted from the southern part of the mouth of the Ebro river, in latitude 40º 40 '54 "north and longitude 000º 51' 18" from May 1 to June 30, 2012, both inclusive.

d) Sea area between the points defined by the following coordinates:

Latitude: 40º 52.00 ' north. Length: 001º 26.00 ' this.

Latitude: 40º 58.00 ' north. Length: 001º 40.00 ' this.

Latitude: 40º 34.00 ' north. Length: 001º 42.00 ' this.

Latitude: 40º 30.00 ' north. Length: 001º 30.00 ' this.

From May 26 to July 27, 2012, both inclusive.

e) Zone between the delay of 123rd drawn from the southern part of the mouth of the river Ebro and the line parallel to the said delay drawn from the mouth of the river Senia, in latitude 40º 31 '30' north and longitude 000º 31 ' 00 " east, from July 1 to August 31, 2012, both inclusive.

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 149.1.19. 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, April 10, 2012. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.