Having seen Articles 26, 27, 28, 30, 31, and 32 of Law No. 979 of December 31, 1982, containing provisions for the defense of the sea, as amended and supplemented by Law No. 349 of July 8, 1986, establishing the Ministry of the Environment;
Having seen the proposal of the Consulta for the Defense of the Sea from Pollution formulated in the meeting of March 15, 1990;
Having seen the opinion of the Puglia Region;
Having seen the opinion of the Municipalities of Brindisi and Carovigno;
Having seen the opinion of the Central Institute for Scientific and Technological Research Applied to Marine Fisheries;
Considering that the Puglia Region, the Municipality of Carovigno, and the Italian Association for the World Wildlife Fund have expressed their willingness to assume management of the "Torre Guaceto" marine nature reserve, to be established, in a manner to be agreed upon;
Having recognized the opportunity to provide for the establishment of the "Torre Guaceto" marine nature reserve;
Having seen its decree dated July 16, 1991, registered at the Court of Auditors on September 19, 1991, register no. 2 Ministry of the Environment, sheet no. 345, by which the Undersecretary for the Environment, the Hon. Piero Mario Angelini, was also delegated matters concerning nature conservation;

Decrees :

Art. 1.

The marine nature reserve called "Torre Guaceto" is established pursuant to Law No. 979 of December 31, 1982, as amended and supplemented by Law No. 349 of July 8, 1986.

Art. 2.

The marine nature reserve referred to in the previous Article 1 includes the coastal marine area in front of Torre Guaceto and the adjacent territories of the municipalities of Brindisi and Carovigno, for the entire stretch of sea up to the 50-meter isobath and is delimited, with reference to the cartography attached to this decree under number 1, by the line joining the points indicated below, also including the related coastal territories belonging to the maritime state property:

• A) latitude 40°45'24''North; longitude 17°46'04''East;
• B) latitude 40°43'15''North; longitude 17°50'56''East;
• C) latitude 40°41'44''North; longitude 17°49'36''East;
• D) latitude 40°43'24''North; longitude 17°46'00''East.

Art. 3.

Pursuant to the purposes set forth in Article 27, paragraph 3, letters b) and c), of Law No. 979 of 31 December 1982, and pursuant to Article 1, paragraph 2, of Law No. 349 of 8 July 1986, the "Torre Guaceto" marine nature reserve specifically pursues:

• the conservation and enhancement of the national marine and coastal natural heritage present in the area, with particular reference to water quality, geomorphological characteristics, flora and fauna, and in particular, aquatic birds, in relation to the designation of part of the area as a wetland of international importance pursuant to Presidential Decree no. 448/1976;
• the implementation of study and research programs aimed at systematically understanding the area in question, also for the purpose of possible modifications or additions to the perimeter and planning of the protected area established by this decree, as well as for the purpose of defining an optimal integrated management model for the area itself based on the primary objectives of conservation and enhancement of the natural heritage;
• the dissemination and popularization of knowledge on ecology and biology in relation to the coastal marine environments of the reserve;
• the study and planning of a rational management of fishery resources in the areas in accordance with the methods permitted under this decree, in order to achieve the compatibility of fishing activities with the primary need for nature conservation, therefore providing, within this framework of systematic knowledge, also for interventions aimed at the fish repopulation of the area and surrounding areas;
• Promoting socioeconomic development compatible with the area's naturalistic and landscape significance, including by prioritizing existing traditional local activities. As part of the promotion of development compatible with the aforementioned objectives, the relevant regulations for activities related to channeling tourist flows and guided tours must include specific concessions for public transportation, preferably operated by residents of the municipalities of Brindisi and Carovigno.

Art. 4.

Within the "Torre Guaceto" marine nature reserve, as identified and delimited in the previous article 2, the following activities are prohibited, except as explicitly provided in paragraph 3 of this article regarding the protection regimes within the various reserve zones:

• the removal, even partial, and damage of mineral formations;
• motor navigation for all vessels except those used for service or surveillance and those used by professional fishermen in accordance with the procedures that will be specified in the implementing regulation;
• underwater fishing, even without breathing apparatus, fishing with longlines, with shore nets such as seine nets, as well as hunting, capture, collection, damage and in general any activity that could constitute a danger or disturbance for animal or plant species, including the introduction of foreign species, and in particular the collection of benthic organisms, as well as the alteration, damage and collection of vegetation and specimens of spontaneous flora;
• the alteration, by any means, direct or indirect, of the geophysical environment and of the chemical and biological characteristics of the waters, as well as the landfill of solid or liquid waste and in general the introduction of any substance that could modify, even temporarily, the characteristics of the marine environment, as well as the excavation and collection of inert materials;
• the introduction of weapons, explosives and any destructive or capture means, as well as toxic or polluting substances, with the exception of gear related to permitted fishing activities and in accordance with the procedures set out in paragraph 3 of this article;
• activities that may in any way cause damage, obstruction or disruption to the implementation of scientific study and research programs to be carried out in the area;
• Navigation, access, parking, and docking with vessels of any kind and type are prohibited, except as provided in paragraph 3 of this article.
  Any additional restrictions already established by current legislation remain in effect throughout the reserve area.

The following areas are identified within the reserve area, along with their respective protection regimes:

Zone A of integral reserve, which includes:

the stretch of sea delimited by the line joining the points listed below and indicated in the cartography attached under numbers 1 to this decree:

• E) latitude 40°43'09''North; longitude 17°47'48''East;
• F) latitude 40°42'45''North; longitude 17°48'54''East;
• G) latitude 40°42'15''North; longitude 17°48'28''East;
• H) latitude 40°42'57''North; longitude 17°47'36''East;

as well as the stretch of sea delimited by the line joining the points indicated below and specifically indicated in the aforementioned cartography attached to this decree under number 1:

• I) latitude 40°42'28''North; longitude 17°49'24''East;
• L) latitude 40°42'16''North; longitude 17°49'48''East;
• M) latitude 40°41'56''North; longitude 17°49'30''East;
• N) latitude 40°42'06''North; longitude 17°49'09''East;

In these areas the following are prohibited:

• navigation, access, docking, and parking of ships and vessels of any kind and type, with the exception of those duly authorized by the managing body for service reasons, as well as for any scientific research activities and guided tours, previously authorized by the managing body and in accordance with the procedures that will be governed by the regulation referred to in the following Article 8;
• both professional and sport fishing by any means, as well as the collection of finds of any kind;

General reserve zone B, which includes:

the stretch of sea delimited by the line joining the points listed below and specifically indicated in the cartography attached to this decree under number 1:

• O) latitude 40°43'54''North; longitude 17°46'24''East;
• E) latitude 40°43'09''North; longitude 17°47'48''East;
• H) latitude 40°42'57''North; longitude 17°47'36''East;
• P) latitude 40°43'18''North; longitude 17°46'24''East;

In these areas the following are prohibited:

• fishing activities and the collection of all types of finds;
• Access, navigation, and docking of vessels of any kind and type, with the exception of those authorized by the managing body for service, scientific research, and guided tours, in accordance with the procedures governed by the regulations referred to in Article 8 of this decree.
• However, it is prohibited to stay at sea or on land from sunset to dawn; bathing activities are also permitted from dawn to dusk.

Partial reserve zone C, which includes:

the remaining stretch of sea within the perimeter of the reserve, as delimited by the previous art. 2.
In this area the following are prohibited:

• motor navigation, with the authorizations for professional fishermen to be issued by the reserve management body according to the procedures that will be indicated in the implementing regulation of this decree;
• sport and professional fishing activities carried out using methods and systems other than those indicated below.
• In this area, the following are also permitted, subject to authorization from the reserve's management body and in accordance with the provisions of the aforementioned implementing regulation of this decree:
  • professional fishing with gillnets;
  • sport fishing with lines from the shore and from boats, excluding the use of longlines;
  • the collection of marine organisms of nutritional interest such as sea urchins and molluscs, subject to authorization from the managing body and in accordance with the regulations referred to in Article 8 of this decree;
  • the navigation and mooring of sailing, rowing, and pedal boats, as well as motorboats used by professional fishermen, as well as vehicles used for collective transport for authorized guided tours, as well as service and surveillance vehicles.

The boundaries of the reserve and of zones A, B, and C will be indicated on land by special signs and at sea by buoys and buoys.

Coastal territorial areas of the maritime state domain.

Within these areas, which will be marked with appropriate signs by the competent Brindisi port authority, the following activities are prohibited:

• the opening and cultivation of quarries, as well as any excavation and material removal activity;
• access and circulation of motor vehicles except for those necessary for management and surveillance activities;
• the practice of hunting and fowling by any means, as well as any form of disturbance to wild fauna, including the training of dogs, as well as the collection and destruction of eggs and nests and the introduction of foreign species;
• the damage and collection of spontaneous plant species with particular reference to ancient tree specimens, rows of trees, hedges or residual tree and shrub vegetation formations;
• the abandonment of waste of any kind;
• fishing, with the exception of that carried out in the C zones, partial reserve zones and in accordance with the methods permitted in these same zones;
• the modification of the water regime, with the exception of interventions aimed at the reconstitution of humid environments.

In the same areas it is also prohibited:

• tamper with, alter, or damage in any way natural and semi-natural biotopes and open up new routes of penetration;
• carry out any further urbanization interventions, except for ordinary and extraordinary maintenance and renovations aimed at the reuse of existing structures, for activities compatible with the institutional purposes of the marine nature reserve;
• light fires;
• set up and carry out camping activities;
• introduce dogs;
• put up advertising signs;
• introducing plant species that do not belong to spontaneous flora or to flora that was introduced as a landscape component in ancient times and has become characteristic of the landscape;
• tamper with existing tree or shrub cover.

The regulation referred to in Article 8 below will also establish the procedures for regulated access and use within the aforementioned coastal territorial areas belonging to the maritime state.
The reserve management body reserves the right to establish, in specific locations and for specific periods, more restrictive limits aimed at preserving the natural marine and coastal environment and individual biotic components, as well as protecting and increasing biological resources.
The regulation referred to in Article 8 below will establish the conditions and limits for any exemptions from the prohibitions set forth in this Article, strictly compatible with the pursuit of the purposes set forth in Article 3 above. Any additional restrictions resulting from the general plan referred to in Article 1 of Law No. 979/1982 remain unaffected.

Art. 5.

Management of the "Torre Guaceto" marine reserve is provisionally entrusted to the Central Inspectorate for the Defense of the Sea of the Ministry of the Merchant Marine, which, for this purpose, avails itself of the competent Brindisi Port Authority, without prejudice to the provisions of Article 28, paragraph 4, of Law No. 979 of December 31, 1982, as amended by Article 2, paragraph 11, of Law No. 349 of July 8, 1986.

Art. 6.

The financial burden arising from the management of the "Torre Guaceto" marine reserve is covered by:

• the ordinary State contribution to be provided by decree of the Minister of the Merchant Marine, charged to chapter 2556 of the Ministry of the Merchant Marine's budget;
• any contributions from institutions or private individuals;
• the proceeds from the management of the services granted for the use of the reserve itself.

In the initial application of this decree, a special contribution of three hundred million lire is provided for initial start-up and surveillance costs, as well as for the installation of buoys marking the boundaries of Zone A of the reserve.
The related expenditure will be covered by Chapter 2556 of the Ministry of Merchant Marine's budget estimates for the 1991 financial year.

Art. 7.

Supervision of the reserve, prosecution of any violations of the provisions of this decree, and the imposition of the sanctions referred to in Article 30 of Law No. 979 of December 31, 1982, are entrusted to the Brindisi Port Authority.

Art. 8.

The implementing regulation for this decree and for the organization of the reserve will be approved pursuant to Article 28 of Law No. 979 of December 31, 1982, as amended by Law No. 349 of July 8, 1986, within sixty days of the assignment of management of the reserve to the delegated body and, in any case, no later than one hundred and eighty days after the assignment of provisional management to the Brindisi Port Authority. The organizational regulation, regardless of the management form implemented, must provide for the establishment of:

• a technical-scientific committee with the task of assisting the management body and the reserve commission;
• a board of auditors, with accounting and administrative supervisory functions.

Adequate representation must be ensured in both of the aforementioned bodies for the Ministries of the Environment, Merchant Marine, and the Puglia Region.
The reserve's management regulations must also provide for specific management coordination that is functionally related to the environmental protection areas bordering or bordering the reserve itself, and specifically, the Torre Guaceto wetland of international importance, established by decree of May 18, 1981, of the Ministry of Agriculture and Forestry.

This decree will be transmitted to the Court of Auditors for registration and will be published in the Official Journal of the Italian Republic.

Rome, December 4, 1991

The Minister of the Environment
Angelini
and the Minister of the Merchant Navy
Facchiano

Registered at the Court of Auditors on 10 April 1992
Register no. 5 Merchant Navy, sheet no. 155