This month’s article is about the protection of the Posidonia – lat. Posidonia oceanica – also known as Neptune’s grass or Mediterranean tapeweed. Posidonia is a species of marine grass endemic to the Mediterranean Sea that forms large underwater meadows and its presence is a clear indication of good health of the marine ecosystem. It is the distinctive indicator that permits our islands to enjoy that nice colour, oxygen and sea life.
The Balearic Government by Decree 25/2018, of July 27, on the conservation of oceanic posidonia on the islands (“Decreto 25/2018 sobre la conservación de la posidonia oceánica en las islas”) ordered a series of measures for the protection of Posidonia meadows, among which was the express prohibition of anchoring on Posidonia included in article 8 of the Decree.
Yachting, seamen, port, marinas and fisher´s associations claimed against said decree and last April 21st the Balearics Highest Court (Tribunal Superior de leas Islas Baleares ) admitted partially their petitions in Court resolution Sentència del TSJIB núm. 248/2021 declaring against Law following three aspects of the articles: that is, the one that generically establishes the sanctioning regime, and those that mark the illegality of the possible impact by the anchor chain and the aggravating factor of the discharge of bilges and wastewater
The recurring associations also considered the principle of legal security to be violated in the absence, according to them, of current cartography that specifies where it is not possible to anchor.
The new season of Posidonia surveillance in the Balearic Islands will have a telephone service for citizens and a complete mapping of the Posidonia meadows and the users will have new tools that will help to more easily comply with the ban on anchoring on Posidonia. Thus, the complete cartography of the prairies in the Balearic Islands is now available, which has been paid for with a fund from the Sustainable Tourism Tax (ITS). The preparation has been possible thanks to the ‘Submarine Atlas’ project and can be consulted on the web www.atlasposidonia.com. On this website, you can also download a computer application that will allow the user to find out if they are in a permitted, prohibited or regulated anchoring area.
Although the environmental groups insist that the regulation for the prohibition of anchoring is still effective it is true that since the Court resolution the possibility of being sanctioned is now in stand-by and it will be the Balearic Government that will have to decide whether or not to undertake a specific modification of the decree to adapt it to the Court resolution.
In any case, and independently of the sanctions and application of the Decree, for the good health of our seas – and also if we want to continue seeing them so nice blue, turquoise and clean – we should all try to avoid those terrible images of yachts sailing and entering in the ports showing big and hairy Posidonia moustaches on the bows.
Carlos Espinosa
Solicitor & Tax Adviser
+34 627 41 32 01
carlos.espinosa@iurisnautic.com
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