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Marine Protection Regulations 2014.

Type of law
Regulation
Date of original text
Date of latest amendment
Source

Abstract
These Regulations are here providing the complete set of rules aimed at establishing the practices, limits, controls and management issues all aimed at protecting the marine environment and marine species, in strict relation to the fishing activities and other appended operations. Topics covered by these Regulations are including several fishing methods, equipment, size of catch, several administrative issues (various types of sports, recreational and commercial fishing permits, other marine-aquatic activities and sports that need special permits), and complete set of offences and penalty provisions. These Regulations apply to any land covered (continuously or intermittently) by waters and all of the territorial sea of Gibraltar.
General marine environment protection principles are stating that no person in the marine nature area shall, except in accordance with a permission granted by the Authority under these Regulations, hunt, shoot or capture any sea-living creature by any means; collect or use anything spontaneously produced by wildlife; introduce any animal or plant which is of a kind not ordinarily resident or which is not a regular visitor to Gibraltar, as the case may be; take into, or use in, the marine nature area any type of firearm, air gun, spear gun, cross bow, bow and arrow or any type of weapon intended to project a missile or harpoon. That no person shall take by any method any plant, or plant product; damage, destroy or remove any deposit, natural or artificial reef, revetment, sea wall or beach, or any part thereof that makes up the shoreline or sea-bed or is situated under the surface of the water whether in contact with the shore or offshore; damage, destroy or remove any artefact of historic, scientific or cultural interest; destroy, damage or injure any animal, plant or marine resource; remove sand in significant quantities or for a commercial purpose; remove rock, coral, or any other calcareous substance; cause anchor-damage to coral and marine structures, living or dead, and associated marine, plant and animal life; anchor vessels of more than fifteen metres other than outside an area or areas designated for that use under Regulation 42 of this text; engage in a mechanized water sport in any capacity other than outside an area or areas designated under the previously mentioned Regulation 42; dump or deposit litter or refuse; deposit any waste, whether toxic or otherwise; deposit any item harmful to the natural environment or any unsightly item. The species listed in Schedule 2 shall be subject to the special protection measures: daily catch, retention on board, or landing of more than one specimen or more than one species listed in Schedule 2 is prohibited unless it is specifically permitted under the terms of a permit issued under these Regulations; all catches of species listed in Schedule 2 must be reported to the Authority within thirty days, in such form as the Authority require; the competent local Authority may, after consultation with the Nature Conservancy Council, at any time prohibit the landing or retaining on board of any species listed in Schedule 2.
The text is divided into III main Parts, divided in thematic Chapters and related subsections and a total of 52 Regulations, as follows: Part I (Special protection measures: Protection of the marine environment; Protection of the marine environment (additional matters); Species in need of special protection measures; Offences); Part II (Permits, Chapter 1-List for the purpose of fishing with longlines; Longlines; Establishment of List A; Conditions in relation to the Class A permit; Categories of Class A permits and restrictions; Total Allowable Catches (TACs) and Minimum Size of Catches; Permissible periods for fishing with longlines; Offences under this Chapter. Chapter 2-Other fishing permits; Class B permits (fishing with rods or lines); Duration and restrictions; Conditions and prohibitions; Limitation of Class B permits etc; Class C permits (Underwater fishing with or without a weapon); Duration and restrictions; Conditions and prohibitions; Limitation of Class C permits, etc; Class D permits (fishing competitions); Class E permits (sports fishing operator); Limitation of Class E permits, etc; Offences under this Chapter. Chapter 3-Diving permits, etc: Class F permits (diving); Limitation of Class F permits, etc; Class G permits (dive operator); Limitation of Class G permits, etc; Conditions and prohibitions on Class F and Class G permits; Offences. Chapter 4-Dolphin tour operator permits: Class H permits (dolphin tour operator); Limitation of Class H permits, etc; Offences. Chapter 5-Permits, Additional Matters: Approval for the conduct of research; Unlawful alteration of permit/forging of permit, etc; Duty to produce permit, etc; Application for permit, etc; Duplicate permits, etc; Duration of permits, etc); Part III-Management and enforcement: Topic 1-Special Zones (Designation of Special Zones; Access to the marine nature area); Topic 2-Wildlife Wardens etc (Wildlife Wardens; Powers of search, etc; Prosecution of offences and contraventions); Topic 3-Miscellaneous (Establishment of a Working Group; False and misleading information; Penalties; Sentencing guidelines; Removal from List A. 52. Provisions regarding tuna).
Schedules 1-5 are also part of this publication (Marine Conservation Zones; Species in need of special protection measures; Cetacean Protocol; Minimum Fish Sizes; No anchoring zones in British Gibraltar Territorial Waters).
Entry into force notes
These Regulations shall come into operation on 1 January 2015.
Notes
Consolidated version
Repealed
No
Publication reference
2014/180-2017/090
Source language

English

Legislation Amendment
No
Implements