Passenger transport and guided tours

Regulation on passenger transport and guided tours

(pursuant to art. 21 of M.D. 100 of 28.04.2017)

1. In the marine protected area, navigation, anchoring and stopover of merchant ships used for the transport of goods and passengers exceeding 500 gross tonnage are prohibited pursuant to the interministerial decree of 2 March 2012.
2. Navigation by nautical craft used for passenger transport and guided tours is not permitted in Zones A.
3. In Zones B, navigation by nautical craft authorised, according to current regulations, for passenger transport/guided tours is permitted, subject to authorisation by the managing body, at a maximum speed of 5 knots.
4. In Zone C, navigation by nautical craft authorised, according to current regulations, for passenger transport/guided tours is permitted, subject to authorisation by the managing body, in the following ways:
   1. at a speed not exceeding 5 knots, within a distance of 300 metres from the coast;
   2. at a speed not exceeding 10 knots and in any case   in   displacement trim, beyond the distance of 300 metres from the coast.
5. The mooring of passenger transport means and of the nautical craft used for guided tours is permitted at the respective individual buoys, marked and specifically set up by the managing body, positioned compatibly with the needs to protect the marine environment. Anchoring is permitted solely in compliance with the provisions of the preceding art. 20.
6. The discharge at sea of water from bilges or other systems of the nautical craft and of any toxic or polluting substance, as well as the release of solid or liquid waste, is not permitted. The delivery in port and the management of waste produced is permitted according to the “plan for the collection and management of waste produced by ships and cargo residues” in force, drawn up by the Oristano Port Authority.
7. The improper use of voice diffusion systems and acoustic or sound signals is not permitted, except to provide information on the itineraries, with sound volume strictly necessary for their perception by the passengers on board.
8. During the validity period of the authorisation, increases in the number of passengers that can be boarded or variations in the requirements compared to what was authorised are not permitted.
9. For the purpose of issuing the authorisation, with annual validity, for passenger transport and for carrying out guided tours, as well as for the possible use of the individual buoys positioned for this purpose, applicants must:
   1. be    authorised     to carry out     passenger transport activities   according to current regulations on the matter;
   2. submit a copy of the certification       issued by the competent authority, showing the maximum     number   of transportable passengers;
   3. indicate the characteristics of the nautical craft used for the passenger transport and guided tours activity;
   4. possess the following eco-compatibility requirements:
      1. documentation certifying the presence of a bilge water collection system;
      2. bilge water discharge register;
      3. documentation certifying the presence of tanks for the collection of sewage, for those craft equipped with toilets and galley on board.
   5. pay the managing body a fee as a secretarial charge, according to the methods indicated in the following art. 35;
   6. owners of nautical craft certifying the possession of an engine compliant with Directive 2003/44/EC regarding gaseous and acoustic emissions, and/or additional eco-compatibility requirements established by the managing body by subsequent measure, with prior approval by the Ministry, may pay the secretarial fee at a reduced amount.
10. Any substitution, even temporary, of the nautical craft used for passenger transport/guided tours, already authorised, must be communicated to the managing body which, after carrying out an appropriate verification investigation of the requirements of the new craft, will issue a new authorisation. The authorisation issued for the new nautical craft entails the revocation, or in case of temporariness, the suspension, of the authorisation already issued for the replaced nautical craft.
11. The managing body may, by subsequent measure, after consulting the competent Authorities and the Reserve Commission, and with prior approval by the Ministry, regulate access to landing points and the distribution of the related spaces, also by setting up suitable landing corridors.
12. In order to regulate tourist flows, in relation to the environmental protection needs underlying the founding decree, the managing body establishes by subsequent measure, with prior approval by the Ministry:
    1. the maximum number of craft authorised for passenger transport and guided tour activities;
    2. the prohibition of access to certain areas for specific periods;
    3. any additional eco-compatibility requirements, and preferential criteria for issuing authorisations;
    4. any preferential requirements in the event that the request for authorisations for passenger transport and guided tour activities exceeds the maximum number established.
13. The issue of the authorisation entails the obligation for the operator to:
    1. annually provide the managing body with information relating to the services provided, for the purposes of monitoring the marine protected area;
    2. provide users with the specific information material prepared by the managing body;
    3. obtain from the service users a formal declaration of acknowledgement of the establishing decree of the marine protected area, of the regulation, of the present regulation and of any annual provisional regulations.
14. The operators of the aforesaid passenger transport and guided tour craft are required to fill in daily the register, previously validated by the managing body, with the details of the nautical craft used, the total number of passengers transported and their respective nationalities. The register must be kept up to date and produced  on request to the supervisory authority or to the staff of the managing body.
15. The register must be delivered to the managing body by 30 November of each year. The data contained in the registers will be used by the managing body for institutional purposes. Failure to deliver the register will result in the immediate suspension of the authorisation for one month; after that period, in the absence of delivery of the completed register, it will not be possible to request authorisation for the following year.
16. In relation to the environmental protection needs underlying the founding decree, in order to determine the carrying capacity of the area in relation to the passenger transport and guided tour activity, the managing body monitors the marine protected area and adapts, by subsequent measures after consulting the Reserve Commission, and with prior approval by the Ministry, the regulation of passenger transport and guided tour activities.