Seawatching activities

Regulation on seawatching activities

(pursuant to art. 29 of M.D. 100 of 28.04.2017)

1. Seawatching activities are not permitted in Zones A.
2. In Zones B, seawatching activities carried out by centres authorised by the managing body are permitted in the following ways:
   1. at sites identified and suitably marked by the managing body;
   2. in the presence of a guide or instructor from the authorised centre;
   3. according to the times and periods determined by the managing body;
   4. with a number of people not exceeding 8 (eight) per guide or instructor of the authorised centre, with no more than 16 (sixteen) people at the same time in addition to their guides per each site, if the seawatching activity is carried out during the day;
   5. with a number of people not exceeding 3 (three) per guide or instructor of the authorised centre, with no more than 6 (six) people at the same time in addition to their guides per each site, if the seawatching activity is carried out at night;
   6. at each site, the seawatching activity must take place within a radius of 50 metres calculated from the vertical of the mooring point, or from the diver’s buoy.
3. In Zone C, seawatching activities carried out by centres authorised by the managing body are permitted in the following ways:
   1. in the presence of a guide or instructor from the authorised centre;
   2. according to the times determined by the managing body;
   3. with a number of people not exceeding 6 (six) per guide or instructor of the authorised centre, with no more than 18 (eighteen) people at the same time in addition to their guides per each site, if the seawatching activity is carried out during the day;
   4. with a number of people not exceeding 3 (three) per guide or instructor of the authorised centre, with no more than 9 (nine) people at the same time in addition to their guides per each site, if the seawatching activity is carried out at night;
   5. at each site, the seawatching activity must take place within a radius of 50 metres calculated from the vertical of the mooring point, or from the diver’s buoy.
4. Centres authorised to carry out seawatching activities may moor the support nautical craft at the individual buoys set up for this purpose for the time strictly necessary for carrying out the activity.
5. For each site, it is permitted to operate with a maximum of 2 (two) nautical craft at the same time.
6. The nautical craft supporting seawatching activities must comply with the provisions of articles 18, 19, 20, respectively on recreational navigation, mooring and anchoring.
7. For the purpose of issuing the authorisations, with a maximum annual validity, for carrying out seawatching activities, the applicant centres and enterprises must:
   1. in the case of enterprises specialised in excursion activities, the declaration of use of instructors, underwater guides (Regional Law no. 9/99 and subsequent amendments), hiking environmental guides, and lifeguards certified by the rescue section of the Italian Swimming Federation, or holding sea rescue suitability certificates issued by a company authorised by the Ministry of the Merchant Marine (as amended by the ministerial decree of 25-8-1989);
   2.  indicate the location of the headquarters, the residence and the contact details of the legal representatives of the centre;
   3. submit a copy of the individual certifications (licences) and professional titles held by each guide and instructor operating in the name and on behalf of the authorised centre;
   4. indicate the list and characteristics of the nautical craft used for the activity, as well as the identification details of the boating licences of the operators working in the name or on behalf of the centre;
   5. ensure a 6-month opening period of the centre activities such as to encourage deseasonalisation and the reduction of the load of activities in the peak periods of tourist presence;
   6. submit a copy of the documentation certifying 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;
   7. submit the documentation certifying the possession of the requirements provided for nautical craft in art. 17 of this regulation, in the case of using support nautical craft;
   8. communicate any variation of their own support craft, in order to obtain a new authorisation after verification of the requirements by the managing body;
   9. pay the managing body a fee as a secretarial charge, according to the methods indicated in the following art. 35.
8. The issue of the authorisation is subject to the acquisition of a formal declaration by the applicant of acknowledgement of the updating decree of the marine protected area, of the regulation, of the present regulation and of any annual provisional regulations, as well as of the possession of the required requirements.
9. The issue of the authorisation entails the obligation to provide users with the specific information material prepared by the managing body.
10. 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.
11. Before the seawatching activity, authorised centres are required to inform users about the rules of the marine protected area, the importance of the ecosystem, the environmental characteristics of the site where the activity takes place and the rules of behaviour in order not to cause any disturbance to 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.
12. The person in charge of the nautical craft supporting the seawatching activity, prior to such activity, must record in the register previously validated by the managing body, the details of the craft, the names of the guides and/or instructors, the number of participants, their respective nationalities, the date, the time and the number of activities carried out divided by the site where the seawatching activity takes place; the register must be kept up to date and produced on request to the supervisory authority or to the staff of the managing body.
13. 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.
14. Diving centres, or enterprises specialised in excursions, with the requirements referred to in paragraph 7, which carry out the activity of guided underwater tours/underwater education and which intend to also carry out seawatching must specify this in the authorisation request and declare and prove, in addition to the requirements referred to in art. 17, the possession of the requirements for the seawatching activity, as well as equip themselves with the additional equipment possibly necessary for such activity. In any case, seawatching can be carried out only with the aid of the nautical craft communicated to the managing body as “support craft”.
15. In relation to the environmental protection needs underlying the founding decree, the managing body reserves the right, following the monitoring carried out to verify the carrying capacity of the sites dedicated to the seawatching activity, to adapt, by subsequent measures, after consulting the Reserve Commission, and with prior approval by the Ministry, the regulation of seawatching activities. The managing body specifically establishes the criteria and requirements required for the issuing of authorisations, providing for:
    1. the maximum number of authorisations;
    2. additional eco-compatibility requirements;
    3. the sites where the seawatching activity takes place;
    4. the maximum number of activities per day, per each site and in total;
    5. the maximum number of nautical craft that can be authorised per each centre/enterprise and in total;
    6. an adequate rotation between seawatching activities, guided underwater tours/underwater education and scuba dives;
    7. the equipped points suitable for mooring;
    8. any incentives for the deseasonalisation of the activities;
    9. any preferential requirements in the event that the request for authorisations for seawatching activities exceeds the maximum number established.