Hire and rental of recreational craft

Hire and rental of recreational craft

(pursuant to art. 22 of M.D. 100 of 28.04.2017)

1. Navigation and access to recreational craft used for hire and rental are not permitted in Zones A.
2. In Zones B and C the hire and rental of recreational craft for navigation in the marine protected area is permitted, subject to authorisation by the managing body, in compliance with the provisions of articles 18, 19, 20, respectively on recreational navigation, mooring and anchoring.
3. For the purpose of carrying out hire and rental activities, the small boats and vessels used for this purpose must be equipped with:
   1. engine compliant 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);
   2. tanks for the collection of sewage (black or grey water), for those recreational craft equipped with toilets and galley on board;
   3. a bilge water collection system.
4. For the purpose of carrying out hire and rental activities, the recreational ships used for this purpose must be equipped with:
   1. tanks for the collection of sewage;
   2. a bilge water collection system;
   3. bilge water discharge register;
   4. systems compliant with the provisions set out in Annex IV of MARPOL 73/78, (“Rules for the prevention of pollution from sewage discharged into the sea by ships [sewage]”), as provided for by resolution MEPC 157(55) of 13/10/2006, and regulated by the “plan for the collection and management of waste produced by ships and cargo residues 2014 – 2017” and subsequent revisions and updates, drawn up by the Oristano Port Authority;
   5. systems compliant with the provisions set out in Annex VI of MARPOL 73/78, (“Regulations on polluting gaseous emissions produced on board ships, in particular nitrogen oxides and sulphur oxides”), as provided for by resolutions MEPC 176(58) of 10/10/2008 and MEPC 177(58) of 10/10/2008, and subsequent revisions and updates.
5. For the purpose of issuing the authorisation, with a maximum annual validity, for hire and rental of recreational craft and the possible use of the individual buoys positioned for this purpose, applicants must:
   1. be authorised to carry out the activity according to current regulations on the matter;
   2. submit a copy of the qualifying titles of the persons who will act as skipper or commander of the craft;
   3. submit a copy of the navigation licence, showing the maximum capacity of passengers that can be transported;
   4. provide a detailed list of the recreational craft used for the activity, indicating their characteristics;
   5. pay the managing body a fee as a secretarial charge, according to the methods indicated in the following article 35;
   6. provide all documentation relating to the recreational craft to be authorised, for the purpose of precisely identifying its technical characteristics, and compliance with the administrative obligations of the law.
6. In order to regulate tourist flows, in relation to the environmental protection needs underlying the founding decree, the managing body issues the authorisations for hire and rental of recreational craft activities in the following ways:
   1. up to 70% of the maximum number of authorisations, to natural persons proving residence in the municipality of Cabras, and to companies, consortia and capital cooperatives with registered office in the municipality of Cabras;
   2. for a quota not less than 30% of the maximum number of authorisations, to parties not falling within the requirements of the preceding letter, with priority to parties already holding an authorisation for the previous year.
7. Any substitution, even temporary, of the recreational craft authorised for hire and rental 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 recreational craft entails the revocation, or in case of temporariness, the suspension, of the authorisation already issued for the replaced recreational craft.
8. The manager of the hire and rental centre must record in the register, previously validated by the managing body, the details of the recreational craft, the number of people on board each vessel, their respective nationalities, the date of the hire or rental; 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. 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 and dissemination material prepared by the managing body;
    3. obtain from users a formal declaration of acknowledgement of the updating decree, of the regulation, of the present regulation and of any annual provisional regulations.
11. In relation to environmental protection needs, also in order to regulate tourist flows, the managing body reserves the right, following the monitoring carried out, to adapt by subsequent measures, after consulting the Reserve Commission, with prior approval by the Ministry, the regulation of the hire and rental of recreational craft activity, specifically providing for:
    1. the maximum number of authorisations that can be issued;
    2. the   maximum    number   of   recreational craft    per  single authorisation;
    3. any environmental award measures;
    4. the prohibition of   access    to    certain     areas for  specific periods;
    5. additional eco-compatibility requirements;
    6. any preferential requirements in the event that the request for authorisations for hire and rental of recreational craft activities exceeds the maximum number established.
12. The fees for the authorisation and the secretarial charges for the hire and rental of recreational craft activities are set out according to the methods referred to in the following art. 35.
13. The discharge at sea of water from bilges or other systems of the recreational 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.
14. Recreational craft used for hire and rental are required to bear on the hull an appropriate marking indicating the hirer and/or lessor and the authorisation number issued by the managing body.
15. For those who contravene the provisions of this regulation, in addition to the penalties provided for by current regulations, the suspension or revocation of the authorisation is applied, pursuant to the following art. 39.