Decree establishing Marine Protected Area

Having regard to Title V of Act Dec. 31, 1982, no. 979, on provisions for the defense of the sea;

Given the law of July 8, 1986, no. 349, establishing the Ministry of the Environment;

Given the framework law on protected areas December 6, 1991, no. 394;

Given Art. 1, paragraph 10, of Law Dec. 24, 1993, no. 537, by which the functions of the abolished Ministry of Merchant Marine in marine environmental protection and defense are transferred to the Ministry of Environment;

Given Art. 2, paragraph 14, of Law Dec. 9, 1998, no. 426 by which, for the preliminary investigation relating to the establishment and updating of marine protected areas, support for the management, operation as well as the design of interventions to be carried out including with EU funding in marine protected areas, a technical secretariat for marine protected areas is established at the competent service of the Ministry of Environment;

Having regard to the Decree of the Minister of the Environment in consultation with the Minister of the Treasury, Budget and Economic Planning dated October 11, 1999, establishing the Technical Secretariat for Marine Protected Areas;

Having regard to the preliminary investigation for the establishment of the marine protected area named “Asinara Island” carried out by the technical secretariat for marine protected areas;

Having regard to the understanding between the Ministry of Environment and the Autonomous Region of Sardinia signed on April 22, 1997;

Having regard to the opinion in favor of the establishment of the Marine Protected Area “Isola dell’Asinara” expressed by the Autonomous Region of Sardinia by Regional Council Resolution No. 37/25 of November 6, 2001;

Having regard to the opinion of the municipality of Porto Torres expressed in a note, signed by the mayor, dated October 12, 2001;

Having regard to the Memorandum of Understanding of the Ministry of Treasury, Budget and Economic Planning prot. n. 0029063 of May 23, 2001;

Given the law of March 23, 2001, no. 93 and, in particular, Art. 8, Paragraph 8, by which the concert with the Minister of Merchant Marine provided for in Art. 18, paragraph 1, of Law Dec. 6, 1991, no. 394;

Having regard to the Legislative Decree of July 30, 1999, no. 300 of government organization reform;

Given the Decree of the President of the Republic, March 27, 2001, no. 178 on the Regulation of Organization of the Ministry of Environment and Land Protection;

Given Art. 77, paragraph 2, of Legislative Decree March 31, 1998, no. 112, which stipulates that the identification, establishment and general regulation of national parks and reserves, including marine reserves, and the adoption of related safeguards shall be done after consultation with the Unified Conference;

Having regard to the favorable opinion on the establishment of the marine protected area “Asinara Island” expressed by the Unified Conference, repertory acts no. 519/C.U. of November 22, 2001, transmitted to the Ministry of Environment and Land Protection by note of the Presidency of the Council of Ministers, prot. n. 5919 of November 29, 2001;

Decrees:

Art. 1.

1. There is hereby established, in agreement with the Minister of Economy and Finance pursuant to Law No. 31 of December 1982. 979, as supplemented and amended by Law Dec. 6, 1991, no. 394, the marine protected area called “Asinara Island.”

Art. 2.

1. The marine protected area “Asinara Island,” as delimited in the cartography attached to this decree, of which it is an integral part, is divided into the following zones:

Zone A, of integral reserve;

B zone, of general reserve;

C zone, of partial reserve,

and is bounded in its outer perimeter by the conjunction of the following points, also including the relevant coastal territories belonging to the maritime domain:

Point	Latitude	Longitude
—–	—-	—-
A)	40°59′.10 N	008°13′.19 E
B)	40°58′.95 N	008°12′.13 E
C)	41°02′.47 N	008°12′.13 E
D)	41°06′.27 N	008°15′.44 E
E)	41°08′.37 N	008°19′.13 E
F)	41°06′.23 N	008°21′.97 E
G)	41°03′.48 N	008°21′.97 E
H)	40°58′.18 N	008°15′.92 E
A)	40°59′.10 N	008°13′.19 E

Art. 3.

1. The marine protected area “Asinara Island,” within the scope of the purposes set forth in Art. 27, paragraph 3, of Law Dec. 31, 1982, no. 979 and Art. 18, paragraph 2, of Law Dec. 6, 1991, no. 394, in particular pursues:

(a) environmental protection of the marine area concerned;

(b) the protection and enhancement of biological and geomorphological resources in the area;

(c) the dissemination and popularization of knowledge of the ecology and biology of the marine and coastal environments of the marine protected natural area and the special environmental and geomorphological characteristics of the area;

(d) the conduct of educational programs for the improvement of general culture in the field of ecology and marine biology;

(e) the implementation of scientific study and research programs in the fields of ecology, marine biology and environmental protection to ensure systematic knowledge of the area;

(f) the promotion of socio-economic development compatible with the naturalistic-landscape significance of the area, including by giving priority to local traditional activities already present.

Art. 4.

1. Within the marine protected area “Asinara Island,” as identified and delimited in Article 2, Paragraph 1 above, activities that may jeopardize the protection of the characteristics of the environment subject to protection and the founding purposes of the marine protected natural area itself are prohibited, subject to what is explicitly provided in this article about the protection regimes within the different areas, in accordance with Article. 19, paragraph 3, of Law Dec. 6, 1991, no. 394. In particular, the following are prohibited:

(a) hunting, trapping, gathering, damaging and, in general, any activity that may constitute danger or disturbance of animal and plant species, including the introduction of alien species;

(b) the removal of even partial removal and damage of archaeological relics, geological formations and minerals;

(c) the alteration by any means, direct or indirect, of the geophysical environment and the biochemical characteristics of the water, the dumping of solid or liquid wastes and, in general, the discharge of discharges that do not comply with the most restrictive requirements of the regulations in force that may modify, even transiently, the characteristics of the marine environment;

(d) the introduction of weapons, explosives and any destructive or capturing means, as well as toxic or inquning substances;

(e) activities that may otherwise cause damage, hindrance or disruption to the implementation of the programs of study and scientific research to be carried out in the area.

2. Zone A of integral reserve includes the following stretches of sea, as shown in the cartography attached to this decree:

(a) the stretch of sea between Punta dello Scorno and Punta del Porco, bounded by the conjunction of the following points:

Point	Latitude	Longitude
—	—	—
S1)	41°07′.20 N	008°19′.13 E (in coast)
U)	41°07′.52 N	008°19′.13 E
V)	41°06′.38 N	008°20′.68 E
Z1)	41°05′.96 N	008°20′.12 E (in coast)

(b) the stretch of sea between Punta l’Arroccu and Punta Galetta, bounded by the conjunction of the following points:

Point	Latitude	Longitude
—	—	—
X1)	41°02′.41 N	008°15′.49 E (in coast)
Y1)	41°00′.67 N	008°15′.44 E (in coast)

(c) the stretch of sea between Punta Pedra Bianca and Punta Agnadda, bounded by the conjunction of the following points:

Point	Latitude	Longitude
W1)	41°00′.16 N	008°12′.66 E (in coast)
J1)	41°01′.55 N	008°13′.03 E (in coast)

3. In Zone A, in addition to what is stated in Paragraph 1, the following are prohibited:

(a) bathing;

(b) scuba diving with or without breathing apparatus, subject to Subsection 4;

(c) browsing, accessing, and stopping with ships, boats, and vessels of any kind and type, subject to Subsection 4;

(d) anchoring, subject to Subsection 4;

(e) mooring, subject to Subsection 4;

(f) fishing, whether professional or recreational, by whatever means exercised;

(g) underwater fishing.

4. In Zone A, on the other hand, service boats with surveillance and rescue duties and those supporting scientific research programs are allowed access and parking for the purposes and in the manner explicitly determined and authorized by the managing entity.

5. Zone B, of general reserve, with reference to the cartography annexed to this decree, includes the stretch of the western and eastern sea of the island of Asinara between Punta Salippi and Punta Barbarossa, a stretch delimited by the conjunction of the following points:

Point	Latitude	Longitude
—	—	—
I1)	40°59′.38 N	008°12′.53 E (in coast)
L)	41°02′.42 N	008°12′.53 E
M)	41°06′.12 N	008°15′.75 E
N)	41°08′.05 N	008°19′.13 E
O)	41°06′.37 N	008°21′.34 E
P)	41°03′.68 N	008°21′.34 E
Q)	40°58′.85 N	008°15′.86 E
R1)	40°59′.00 N	008°15′.38 E (in coast)

6. In Zone B, in addition to what is stated in Paragraph 1, the following are prohibited:

(a) navigation, subject to the provisions of paragraph 4 and paragraph 7, subparagraphs (c) and d);

(b) anchoring, subject to the provisions of Subsection 4 above;

(c) mooring, subject to the provisions of Subsection 4 and Subsection 7(e);

(d) professional fishing, subject to Subsection (7)(f);

(e) sport fishing;

(f) underwater fishing.

7. However, in Zone B, in addition to what is stated in Paragraph 4, the following are allowed:

(a) bathing, regulated by the managing entity after consultation with the reserve commission;

(b) scuba diving with and without breathing apparatus, authorized and regulated by the managing entity, after consultation with the reserve commission;

(c) sailing and rowing to vessels and boats, as defined in accordance with Law No. 16 June 1994, no. 378, regulated by the managing entity after consultation with the reserve commission;

(d) motor navigation, authorized and regulated by the managing entity, after consultation with the reserve commission, only to vessels used for collective transport carrying out guided tours, and in any case at a speed not exceeding 5 knots, giving priority to companies with registered offices, as of the date of this decree, in the municipalities of Porto Torres and Stintino;

(e) mooring, authorized by the managing entity, in specially identified and appropriately equipped areas, consistent with the need to protect the seabed, with buoys and moorings affixed and/or otherwise regulated by the managing entity, after consultation with the reserve commission, to vessels and rowing and sailing boats, vessels used for collective transport that carry out guided tours and fishermen residing in the municipalities of Porto Torres and Stintino who carry out professional fishing and fishing tourism;

(f) professional fishing regulated by the managing entity after consultation with the reserve commission, with the small-scale fishing gear provided for in the Decree of the Ministry of Agricultural, Food and Forestry Resources of July 16, 1995, and with selective gear in local use, consistent with the protection needs of the area and in any case at a distance of not less than 150 meters from the coastline, reserved for fishermen residing on the date of this Decree in the municipalities of Porto Torres and Stintino, as well as fishermen’s cooperatives, established pursuant to Law No. 13 March 1958, no. 250, having their registered offices in the said municipalities on the date of this decree, and their members entered on the same date in the register of each cooperative;

(g) fishing tourism, regulated by the managing entity after consultation with the reserve commission, reserved for fishermen or cooperatives residing in the municipalities of Porto Torres and Stintino, as well as fishermen’s cooperatives, established pursuant to Law No. 13 of March 1958. 250, having their registered offices in the said municipalities as of the date of this decree, and their members included on the same date in the register of each cooperative, with the small-scale fishing gear provided for in the Decree of the Ministry of Agricultural, Food and Forestry Resources of July 16, 1995, and with the selective gear in local use, and in any case at a distance of not less than 150 meters from the coastline as far as harvesting activities are concerned.

8. Zone C, of partial reserve, includes the remaining stretch of sea within the perimeter of the marine protected area, shown on the map attached to this decree. 9. In Zone C, in addition to what is stated in Paragraph 1, the following are prohibited:

(a) motor navigation, subject to subparagraphs 4, 7(d), and 10(d) (b)and c);

(b) anchoring, subject to subparagraphs 4 and 10(d);

(c) mooring, subject to subparagraphs 4, and 7(e);

(d) professional fishing, subject to Subsection (7)(f);

(e) fishing tourism, subject to the provisions of subsection (7)(g);

(f) sport fishing;

(g) underwater fishing.

10. In zone C, in addition to what is stated in paragraphs 4 and 7, the following are allowed:

(a) rowing and sailing except as provided in Paragraph 11;

(b) motor navigation to watercraft and boats, as defined under Law No. 16 June 1994. 378, regulated by the managing entity after consultation with the Reserve Commission and in any case at a speed not exceeding 10 knots, subject to the provisions of Subsection 11;

(c) motor navigation, subject to the provisions of Paragraph 11, authorized and regulated by the managing entity, after consultation with the Reserve Commission, only to vessels used for collective transport carrying out guided tours, and in any case at a speed not exceeding 10 knots, giving preference to companies with registered offices, as of the date of this Decree, in the municipalities of Porto Torres and Stintino;

(d) anchorage to sailing and rowing vessels and boats as regulated by the managing entity in specially identified areas, after consultation with the Reserve Commission, consistent with the need to protect the seabed.

11. In the specific stretch of sea called “Passaggio dei Fornelli,” which extends from Punta Salippi to Punta Barbarossa, navigation is allowed at a speed not exceeding 3 knots. 12. The activities listed in paragraphs 4, 7, 10 and 11 are provisionally allowed and, where applicable, regulated by the managing entity until the regulations under Art. 8 of this decree.

Art. 5.

1. The management of the marine protected area “Asinara Island” is entrusted to public bodies, scientific institutions or environmental associations, including consortia among themselves, pursuant to Art. 2, paragraph 37, of Law Dec. 9, 1998, no. 426 and Art. 17, paragraph 4, of Law no. 23 March 2001, no. 93.

Art. 6.

1. The burden arising from the first expenses related to the establishment of the marine protected area “Isola dell’Asinara” shall be met, for the design and installation of markings, as well as whatever else is necessary to give precise knowledge of the delimitation of the natural marine protected area and its allocation as well as for the initial start-up expenses, including those related to the printing and dissemination of illustrative and popular brochures with the funds committed by the Directoral Decree no. 508 of December 31, 2001, registered by the Central Budget Office on January 16, 2002 no. commitment 11048 clause l and 2.

2. Thereafter, the sum of not less than Euro 258,228.45 (two hundred and fifty-eight thousand two hundred and twenty-eight hundred and twenty-eight/45) shall be allocated for each fiscal year 2002, 2003 and 2004, bearing in mind the current budget appropriations, in Chapter 2756 of the basic forecasting unit 5.1.2.1 “Defense of the Sea,” for activities aimed at the ordinary management of the marine protected natural area.

Art. 7.

1. Surveillance in the marine protected area, pursuant to Art. 19, paragraph 7, of Law Dec. 6, 1991, no. 394, as supplemented by Art. 2, Paragraph 17 of Law Dec. 9, 1998, no. 426, shall be carried out by the relevant harbor master’s office, as well as the police of the local authorities delegated in the management of the area.

2. The managing entity may use the personnel of the Forestry Corps of the Autonomous Region of Sardinia for activities within the marine protected area, based on the quota of personnel for this purpose determined by the region itself.

Art. 8.

1. The regulations of the marine protected area “Asinara Island”, formulated within one hundred and eighty days after the identification of the delegated subject of management, including on the basis of the experience conducted in the application of the measures and any provisional disciplines referred to in Art. 4(4), (7), (10) and (11) shall be approved, after consultation with the Autonomous Region of Sardinia, by the Ministry of Environment and Land Protection in accordance with the combined provisions of Art. 28(6) and (7) of Law Dec. 31, 1982, no. 979, and by Art. 19, paragraph 5, of Law Dec. 6, 1991, no. 394.

2. Provision may be made in the above regulations for the establishment of a scientific and technical committee to assist the managing entity and the Reserve Commission. A qualified representation of the Ministry of Environment and Land Protection and the Autonomous Region of Sardinia should be ensured in this body.

Art. 9.

1. The provisions of this Decree, insofar as they pertain to the perimeter and purposes indicated, may be subject to reconsideration for scientific reasons and optimization of management from the socio-economic point of view aimed at the pursuit of sustainable development of the areas concerned.

Rome, August 13, 2002

The Minister: MATTEOLI

Registered at the Court of Accounts on October 24, 2002, Office of Control deeds Ministries of Infrastructure and Spatial Planning, register no. 4, sheet no. 174