Guided underwater tours and underwater education

Regulation on guided underwater tours and underwater education

(pursuant to art. 17 of M.D. 100 of 28.04.2017)

1. Guided underwater tours and underwater education activities are not permitted in Zones A.
2. Guided underwater tours and night-time underwater education activities are not permitted in Zones B.
3. In Zones B daytime guided underwater tours and underwater education are permitted to authorised centres, exclusively during the day at sites identified by the managing body, in the following ways:
   1. in the presence of a guide or instructor from the authorised diving centre;
   2. according to the times and periods determined by the managing body;
   3. at each site within a radius of 50 metres calculated from the vertical of the mooring point, or from the diver’s buoy;
   4. with a number of divers not exceeding 5 (five) per guide or instructor of the authorised diving centre, for guided underwater tours;
   5. with a number of divers not exceeding what is provided for by the relevant underwater education agency, in the case of educational activities, and according to the training programme, and in any case not exceeding the provisions of the preceding letter d);
   6. at each site with no more than 10 (ten) divers at the same time, in addition to their guides.
4. In Zone C guided underwater tours and underwater education activities are permitted, to authorised centres at the sites identified by the managing body, in the following ways:
   1. in the presence of a guide or instructor from the authorised diving centre;
   2. according to the times and periods determined by the managing body;
   3. at each site within a radius of 50 metres calculated from the vertical of the mooring point, or from the diver’s buoy;
   4. for night-time guided tours/educational activities:
      1. with a number of divers not exceeding 3 (three) per guide or instructor of the authorised diving centre;
      2. at each site with  no  more than 9  (nine)  divers at the same time, in addition to their guides;
   5. for daytime guided tours/educational activities:
      1. with a number of divers not exceeding 6 (six) per guide or instructor of the authorised diving centre
      2. at each site with no more than 18 (eighteen)  divers at the same time, in addition to their guides;
   6. underwater education activities must be carried out according to the standards established by the relevant underwater education agency, in addition to compliance with the provisions of the preceding letters, and in any case in compliance with the safety standards set out in the ordinances of the local Port Authority.
5. Guided underwater tours with self-contained breathing apparatus for disabled persons, conducted by diving centres authorised by the managing body, may be carried out exclusively by a disabled diver with a level A, B or C certification or equivalent, accompanied as required by the relevant training agency and in the presence of a guide or instructor from the diving centre.
6. The mooring of the nautical craft of the diving centres authorised by the managing body is permitted at the individual marked buoys specifically set up by the managing body, compatibly with the need to protect the seabed, in the following ways:
   1. the stopover is permitted for the time strictly sufficient to carry out the guided tour;
   2. for a maximum of 2 (two) nautical craft per buoy;
   3. for a maximum of 1 (one) group at a time underwater.
7. Before the guided underwater tour/underwater educational activity, diving centres are required to inform users about the rules of the marine protected area, the importance of the ecosystem, the environmental characteristics of the dive site and the rules of underwater behaviour in order not to disturb the seabed and marine organisms, and to obtain from users a formal declaration of acknowledgement of the updating decree, of the regulation and of the present regulation and of any annual provisional regulations.
8. The person in charge of the nautical craft supporting guided underwater tours/underwater educational activities, prior to such activities, must record in the register previously validated by the managing body, the details of the nautical craft, the names of the guides and/or instructors, the number of participants and their respective diving certifications/or the training programme being carried out, the date, time and dive site; the register must be kept up to date and produced on request to the supervisory authority or to the staff of the managing body.
9. 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.
10. Guided underwater tours/underwater educational activities must comply with the code of conduct referred to in the preceding art. 16, paragraph 8.
11. For the purpose of issuing the authorisation, with a maximum annual validity, for carrying out guided underwater tours and underwater educational activities, and the possible use of the individual buoys set up for this purpose, the managers of the applicant diving centres must submit to the managing body the application for issue, accompanied by the documents attesting to:
    1. the location of the headquarters, the residence, and the contact details of the legal representatives of the diving centre;
    2. copy of the diving certifications and professional qualifications held by each guide and underwater instructor operating in the name and on behalf of the diving centre;
    3. the list and characteristics of the nautical craft supporting the activities, as well as the identification details of the boating licences of the operators working in the name or on behalf of the diving centre;
    4. the possession of specific civil liability insurance arising from the professional activity carried out, for each individual operating in the name or on behalf of the centre;
    5. a declaration of opening of the diving centre activities for a minimum period of 6 (six) months, in order to encourage deseasonalisation and the reduction of the load of underwater activities in the peak periods of tourist presence;
    6. copy of the payment to the managing body of a fee as a secretarial charge, according to the methods indicated in the following art. 35;
    7. documentation of compliance of the engine of the support nautical craft with Directive 2003/44/EC regarding gaseous and acoustic emissions (electric outboard engines, eco-diesel engines, inboard engines, 4-stroke unleaded petrol outboard engines, 2-stroke direct-injection outboard engines);
    8. documentation certifying the presence of a bilge water collection system, on the support nautical craft;
    9. documentation certifying the presence of tanks for the collection of sewage (black or grey water), for those support nautical craft equipped with toilets and galley on board;
    10. all documentation relating to the support nautical craft to be authorised, for the purpose of precisely identifying its technical characteristics, and compliance with the administrative obligations of the law;
    11. formal declaration of acknowledgement of Ministerial Decree no. 146 of 29 July 2008, as amended, containing the code of recreational boating, in particular regarding the safety rules for recreational craft used as support craft for scuba diving for recreational or sporting purposes, set out in Chapter III articles 90, 91.
12. Diving centres authorised by the managing body are also required to:
    1. communicate at the beginning of the season the names and identification details of the certifications and civil liability insurance arising from the professional activity carried out, of their own underwater guides and instructors, and to promptly report any variation of the data already communicated;
    2. communicate any variation of their own support nautical craft, in order to obtain due authorisation from the managing body;
    3. communicate the period of the year in which the activities will be carried out
    4. ensure the distribution to users of the information material prepared by the managing body.
13. The maximum number of nautical craft in support of guided underwater tours/underwater educational activities that the managing body may authorise is 2 (two) craft for each authorised diving centre.
14. In relation to the environmental protection needs underlying the founding decree, the managing body, following the monitoring carried out to verify the carrying capacity of the dive sites, adapts by subsequent measures, after consulting the Reserve Commission, and with prior approval by the Ministry, the regulation of guided underwater tours/underwater educational activities, specifically establishing the criteria and requirements needed for the issuing of the authorisations, providing for:
    1. the maximum number of authorisations;
    2. any additional eco-compatibility requirements;
    3. the dive sites;
    4. the maximum number of dives per day, for each site and in total;
    5. the maximum number of nautical craft that can be used in guided underwater tours/underwater educational activities, by each authorised party;
    6. an adequate rotation between guided underwater tours/underwater educational activities and scuba dives;
    7. the equipped points suitable for mooring intended for guided underwater tours/underwater education;
    8. any incentives for the deseasonalisation of guided underwater tours/underwater educational activities;
    9. any environmental award measures;
    10. any preferential requirements in the event that the request for authorisations for guided underwater tours/underwater educational activities exceeds the maximum number established.
15. The issue of the authorisation is also subject to the acquisition of the formal declaration/undertaking of:
    1. acknowledgement by the applicant, of the updating decree of the marine protected area, of the regulation and of the present regulation and of any annual provisional regulations, and of the possession of the requirements for the granting of the authorisation;
    2. the obligation to display on the support nautical craft for guided underwater tours/underwater educational activities, the identification markings prepared by the managing body for the purpose of facilitating surveillance and control, as well as the regulation and map of the prohibited zones;
    3. not to carry out accompaniment or support activities other than those indicated in the authorisation.
16. The managing body reserves the right to revoke or suspend the authorisation of those found to be non-compliant following verification by the competent authorities.
17. The craft supporting guided underwater tours and underwater education must comply with the provisions of articles 18, 19, 20, respectively on recreational navigation, mooring and anchoring.
18. The improper use of voice diffusion systems and acoustic or sound signals is not permitted, except to provide information on the itineraries and places visited, with sound volume strictly necessary for their perception by the passengers on board.