Discussion on Marine Protected Areas

[shanook]

icom its not that easy interpreting the laws:
in your statement above you stated and I quote ''of any species of flora and fauna in or from the Filfla
nature reserve is prohibited'' unquote.
Flora and fauna is a referral to a particular Plants and particular animals that are found in that specific area, in our case Filfla so that does not include common fish found around the whole island so any type of fishing is allowed in the above statement.
That law was done to safe guard the plants and animals that are indigenous to the island of filfla.  I am sorry (and feel a bit ashamed) but I forgot the names of the plants and the forked tail lizard. oh almost forgot the seagulls that made Filfla their home and only breed there.
So you see its not that straight forward as you might think.

[Granitu]

I think icom got the interpretation right..... To my understanding the definition of natural reserve in the law is 'filfla plus a 1.1mile circulaf radius to filfla'

Not too sure but

[baghira]

All the surface area of the Island of Filfla shall be a protected nature reserve.
Establishing Filfla
as a nature reserve.

What does this mean guys? Point number 3.

[skip]

As I know it, the Fisheries department do not prevent you from fishing around Filfla if no anchoring takes place, and surface trolling and jigging are supposed to be permitted, HOWEVER the Transport Malta notice to mariners which is the binding law of the sea establishes that vessels may not approach within 1.1nm of Filfla thereby negating the possibility of fishing there because you are not allowed to be there with your boat!

This is why the AFM stop people because they are applying the rules from the notice to mariners. Tells me that the NTM needs to be amended.

[baghira]

Which notice to mariners nick....

What is mentioned above is not a notice to mariners?

[caldaland]

"Of any species of flora and fauna in or from the Filfla
nature reserve is prohibited'' ......................After the word "FAUNA",there should have been a comma. It would have changed the whole sense of the text and eliminate any confusion. Obviously,it would have been too much for goverment personel!

[skip]

Which notice to mariners nick....

What is mentioned above is not a notice to mariners?

You wrote that your friend got stopped and charged by the AFM for breaking the law whilst surface fishing. I remember you posted a notice to mariners and some legal notices a while back and that is what I was referring to as it seems that the AFM are stuck on the Notice to Mariners 473 of 1987 even though after that there was G.N 173 of 1990

He needs to engage a Maritime lawyer and go to court over his charge. His lawyer will need to highlight relvant law and AFM lawyer would have to do the same. But unless we are all missing something the AFM are not correct in their charges and I would expect a lawyer to take them 'to the cleaners' by getting costs awarded, pushing for compensation and demanding an official apology from the head of the AFM maritime section. However aside from costs, you're unlikely to get anything else.

I would imagine this is something that the fisheries board need to bring up and discuss and involve the AFM liaison to get the issue sorted out.

Perhaps The Gaffer and the Federation can bring this up in their next meeting.

[The_Gaffer]

We certainly can ask a generalistic question about this, sort of referred for guidance on this matter.  If i have all th facts in hand, i will definitely request some clatity on the issue.

[baghira]

So... Until today. I received an acknowledgement from Mepa, and an e-mail from Fisheries telling me that he is abroad and that he will try to look into the subject ASAP. From ALE I got different versions from officers, and the Police inspector did not answer me yet.
From AFM I already have a written declaration, datet 2 years back, telling me that fishing is permitted.

This time it was ALE officers whom took action against this person, whom is not my fiend, but who came to me to ask me to help him out, if he was not contravening any law. And he was bottom fishing (ghall brieqex).

And from my findings until today. Yes you can go and fish, obviously with limitations, since that Flifla Nature reserve act, means the land of filfla, since that there is no definition, and it is written clearly that the surface area of the island - so not the sea, and you cannot assume that the 1.1 NM is included because another Notice dated  years back mentioned it. And the GN issued after this, permits fishing.

@ Gaffer. If you would like more details on the matter, I have a copy of the contravention and the police report.

[baghira]

I still do not know what was he fined for. Maybe he offended the court and was charged (malafama) I still need to see the court ruling.

If he was charged for entering the 1.1 nautical mile, I am amazed, how was the decision taken since that until today, I have spoken to about 6 head positions, from different authorities, and nobody gave me a definite answer besides the answer I got from AFM a couple of years back.

[baghira]

by the way...
If I remember well he was not charged because he was fishing...
He was charged since that he was with his boat within the 100 metres from filfla, and they had a photo with the distance from the GPS.

[baghira]

Below please find reply from MEPA, confirming what I have previously stated.

Dear Mr. Grixti,

Kindly note that from an environmental perspective the following regulations are relevant to Filfla:

- Act XV of 1988 (Chapter 323), the Filfla Nature Reserve Act, which provides for the establishment of the Filfla Nature Reserve and which states that " All the surface area of the Island of Filfla shall be a protected nature reserve." LN 424 of 2007, Adaptation of Laws (Chapters 301 - 350) Order, 2007, which has been published by the Minister responsible for Finance, amends the act vis-a-vis some regulations related to penalties.

- Act X of 2010, Environment and Development Planning Act, which provides for the protection of biodiversity and its subsidiary legislation LN 311 of 2006 as amended, the Flora, Fauna and Natural Habitats Protection Regulations, through whose provisions the area around Filfla has been designated as a Natura 2000 site (Special Area of Conservation) and hence to which the relevant provisions for its conservation and protection apply.

Since your query is also related to navigation and fishing activities adjacent to Filfla, including GN 173 of 1990, it is recommended that Transport Malta and the Department of Fisheries are also contacted for further information on their regulations. Transport Malta may also have additional information in relation to Notice to Mariners for the area.

Regards,
Nadia

[Galea_5]

And...............

[baghira]

Mr Grixti,

Attached please find info re-Filfla for your perusal.

Thank you

And he attached a link to the below listed.
Govt notice 173 of 1990 and Kap 323 Riserva Naturali ta Filfla

Mr. Balzan (Fisheries)


So after 1 month they replied with what I had written the 1st place with no extra explanation......
Obviously they received another reply from my end for this kind of reply....
They said that law is subject to interpretation"!!!!!!!!!!!!!!!!!!
Meaning - They did not find time to discuss this subject, and they did not conclude!

[baghira]

I never received any reply From ALE which are the Department that took legal action, not even an acknowledgement.

I contacted the Inspector on telephone and he replied that they have loads of work to do due to hunting..!!!!!!!!! ??