south - TPEA

Transcription

south - TPEA

TPEA Southern Pilot Area Report
Technical Supplement 1:
Algarve / Gulf of Cadiz
Contents
1.
Pilot area definition and approach......................................................................................... 1
2.
Pilot area characteristics ....................................................................................................... 3
2.1
2.1.1
Physicochemical characteristics ...................................................................................... 3
2.1.1.1
Meteorology .................................................................................................................... 3
2.1.1.2
Geology............................................................................................................................ 5
2.1.1.3
Oceanography ................................................................................................................. 9
2.1.2
Biological characteristics ............................................................................................... 16
2.1.2.1
Species ........................................................................................................................... 16
2.1.2.2
Habitats ......................................................................................................................... 26
2.1.3
Underwater archaeology ............................................................................................... 30
2.1.4
Coastal zone .................................................................................................................. 31
2.1.4.1
Coastal geomorphology................................................................................................. 31
2.1.4.2
Coastal development and population ........................................................................... 31
2.2
Infrastructures ............................................................................................................. 33
2.2.1
Ports .............................................................................................................................. 33
2.2.2
Exploitation wells of hydrocarbons exploration ........................................................... 34
2.2.3
Cables and pipelines ...................................................................................................... 34
2.2.4
Coastal defence ............................................................................................................. 35
2.2.5
Artificial reefs ................................................................................................................ 36
2.2.6
Submarines outfalls ....................................................................................................... 37
2.2.7
Lights and buoys ............................................................................................................ 37
2.2.8
Others ............................................................................................................................ 37
2.3
3
Maritime space and coastal zone characteristics .......................................................... 3
Nature conservation features...................................................................................... 38
2.3.1
Protected areas ............................................................................................................. 38
2.3.2
Habitats ......................................................................................................................... 45
2.3.3
Species ........................................................................................................................... 46
Pilot area uses and activities ............................................................................................... 47
3.1
Maritime transport ...................................................................................................... 47
3.1.1
Shipping lanes/traffic .................................................................................................... 47
3.1.2
Cross-border ferries....................................................................................................... 48
3.1.3
Shipbuilding ................................................................................................................... 48
3.1.4
Maritime safety ............................................................................................................. 48
3.2
4.
Fisheries ....................................................................................................................... 49
3.2.1
Fisheries, fishing grounds and commercial fish stocks.................................................. 50
3.2.2
Processing industry of fishery products ........................................................................ 54
3.3
Aquaculture ................................................................................................................. 54
3.4
Marine biotechnology ................................................................................................. 55
3.5
Laying pipelines and cables ......................................................................................... 56
3.6
Exploitation of non-living natural marine resources ................................................... 56
3.6.1
Oil and gas industry ....................................................................................................... 56
3.6.2
Sand and gravel extraction and mining ......................................................................... 58
3.7
Dumping ...................................................................................................................... 59
3.8
Military activities ......................................................................................................... 61
3.9
Carbon capture and storage (CCS)............................................................................... 61
3.10
Recreational activities ................................................................................................. 62
3.10.1
Beaches and bathing sites ............................................................................................. 62
3.10.2
Nautical activities .......................................................................................................... 65
3.10.3
Tourism infrastructures ................................................................................................. 69
3.11
Power generation ........................................................................................................ 70
3.12
Ports and Places of Refuge .......................................................................................... 71
3.12.1
Ports .............................................................................................................................. 71
3.12.2
Places of Refuge ............................................................................................................ 73
3.13
Marine Scientific Research .......................................................................................... 74
3.14
Wrecks and other historic features ............................................................................. 75
3.15
Other uses.................................................................................................................... 76
3.15.1
Seawater abstraction .................................................................................................... 76
3.15.2
Water rejection ............................................................................................................. 76
3.15.3
Salt pans ........................................................................................................................ 77
3.15.4
Noise .............................................................................................................................. 77
3.15.5
Marine litter .................................................................................................................. 77
Governance framework....................................................................................................... 78
4.1
Bilateral relations between Portugal and Spain .......................................................... 78
4.2
Territorial management .............................................................................................. 80
4.3
Maritime space ............................................................................................................ 88
4.4
Fisheries and aquaculture ........................................................................................... 92
4.5
Ports and transports .................................................................................................... 94
5.
6.
7.
4.6
Coastal Zone ................................................................................................................ 96
4.7
Water resources ........................................................................................................ 101
4.8
Nature conservation and other environmental issues .............................................. 102
4.9
Energy ........................................................................................................................ 105
4.10
Tourism ...................................................................................................................... 106
4.11
Licensing and institutional aspects ............................................................................ 108
4.12
Main conclusions ....................................................................................................... 114
Selection of relevant transboundary uses and activities ......................................................117
5.1
Shared resources ....................................................................................................... 117
5.2
Cross-border uses and activities ................................................................................ 118
5.3
Cross-border impacts................................................................................................. 118
5.4
Algarve - Gulf of Cadiz transboundary context.......................................................... 120
The planning context..........................................................................................................125
6.1
Analysis of pressures, conflicts and opportunities .................................................... 125
6.2
Specific objectives for the pilot area ......................................................................... 127
Developing and Testing Options .........................................................................................129
7.1
Shared resources ....................................................................................................... 130
7.2
Existing cross-border activities .................................................................................. 133
7.3
Future cross-border activities .................................................................................... 136
8.
Conclusions........................................................................................................................139
9.
Literature ..........................................................................................................................145
Annex A - Factsheets regarding licensing and other institutional aspects (Portugal) ....................154
Annex A.I - entities involved in aquaculture and their roles ....................................................... 154
Annex A.II - entities involved in energy and their roles............................................................... 155
Annex A.III - entities involved in tourism, sports and leisure and their roles ............................. 156
Annex A.IV - entities involved in nature and biodiversity conservation and their roles ............. 158
Annex B - Evaluation: Indicative quality checklist ..................................................................... 1589
1.
Pilot area definition and approach
Within the southern context of TPEA Project, the selected pilot area extends from the Algarve coast
(Portugal) reaching southwards into the Gulf of Cadiz (Spain).
The geographical extent of the pilot area was initially defined (mainly for data gathering purposes)
taking into account the characteristics of the south of Iberian Peninsula and the main existing uses
and activities in Portugal and Spain. The indicative geographic limits resulted from a multi criteria
approach having into consideration:




coastal zone particular characteristics, namely the existence of lagoons and sandy beaches;
nature conservation features, particularly terrestrial and marine protected areas;
existing ports and their relevance for the development of other activities such as fisheries,
aquaculture and tourism and nautical activities;
national legislation and jurisdictional aspects in each Member State as well as the
administrative structure and the corresponding distribution of powers.
As a result, the indicative pilot area extends 60 nm lengthwise, from the terrestrial border in each
direction. The landward limit is the coastline, whilst the seaward boundary is the outer limits of Spain
and Portugal waters (maximum distance of about 40-60 nm) (figure 1). The maritime border between
Spain and Portugal territorial waters was not considered as there is no legally recognised border.
Figure 1: Indicative limits of the pilot area Algarve – Gulf of Cadiz.
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The delimitation of the south pilot area was an iterative process that has considered both maritime
space and coastal zone features and the main uses and activities. The open nature of its location, as
opposed to a closed basin, allows a wider distribution of the maritime uses and activities on one
hand (which results in the current absence of significant conflicts or competition for space) but on
the other implies a higher exposure and particular characteristics that reduce the potential for some
activities. In such a context, an approach focused only on the border area would be very limited and
of poor value therefore the team chose to base the analysis on the existing (and potential) shared
resources, cross-border activities and cross-border impacts, identifying areas of common interest for
the two countries.
Defining the limits of the pilot area is important for a maritime spatial planning exercise however in
this transboundary context the approach needs to be flexible enough to deal with the different scales
of transboundary issues (which may be very local in the case of constricted shared resources or very
wide in the case of cross-border impacts). The identification of one or more areas of common
interest may provide a better approach.
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2.
Pilot area characteristics
2.1
Maritime space and coastal zone characteristics
2.1.1
Physicochemical characteristics
2.1.1.1 Meteorology
Wind, Rainfall and Atmospheric pressure
The pilot area is located at mid-latitudes, which implies, mainly, NW winds and seasonality. During
the summer, the meridional wind component causes summer upwelling on the Iberian Peninsula
Atlantic coast. Due to the increase in air temperature on the North Africa continent during this
season, easterly winds blow in the Alboran Sea, Gibraltar Strait and, partially, in the Gulf of Cadiz
(García‐Lafuente, 2008).
The wind pattern forcing on the boundary shows a marked seasonality (figure X.3). While on West
Portugal, wind is predominantly from North, the most prominent feature is the summer
intensification of this component to the W of 9.5 ° W.
Westerly winds are typical in winter. Because of the topography of the Strait, these westerly winds
generate coastal upwelling in the Algarve. A cold water filament located at Cape Santa Maria is
diverted to the southeast, leaving behind the continental slope forming the “frente de Huelva”
(Criado‐Aldeanueva et al., 2006).
Meanwhile, the easterly winds (mainly during summer) generate opposite effects. The most notable
is the amplification of the coastal countercurrent that takes significantly warmer waters. If the
easterly winds continue blowing, the countercurrent not only invades the continental shelf of the
Algarve but also tens of kilometres northward, propagating along the Atlantic peninsular coast
(Relvas & Barton, 2002).
The changes in size and position of the Azores anticyclone influence the seasonal variation, which in
turn affects the circulation of the North Atlantic. During the winter, the anticyclone is located at
South and favours westerly winds on the Atlantic coast of the Iberian Peninsula. During the summer
it moves to North, inducing northerly winds and generating seasonal upwelling along the GalicianPortuguese coast. The cold upwelling that begins in Galicia and ends in Mauritania, is interrupted by
the Gulf of Cadiz, which maintains a higher temperature during the summer (García‐Lafuente, 2008).
This seasonal pattern favours the anticyclone surface circulation in the open-ocean part of the Gulf of
Cadiz during the spring and summer, while the displacement of the anticyclone to the South in
winter moves the Azores current and favours a cyclonic surface circulation in the Gulf of Cadiz.
Although infrequent, this inversed circulation has been observed during the winter months (GarcíaLafuente and Ruiz, 2007).
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Figure 2: Seasonal cycle of ocean wind field in the region. Climatology of QuikSCAT 1999‐2009
(Estrategias Marinas: Demarcación Sudatlántica Evaluación inicial y buen estado ambiental
Descriptor 7: Condiciones hidrográficas, 2012).
The wind regime description and distribution in the south-Atlantic coast is represented in figure 3.
Figure 3: Wind on the peninsular Atlantic south coast (CEDEX, 1991).
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2.1.1.2 Geology
Physiographic and geomorphological features
The continental shelf has an average sea-floor slope of less than 0.3° in the Spanish zone. It exhibits a
variable width, wider in the central area off Guadalquivir river mouth (~30km), narrower towards
Portugal (~17km) and the Straits of Gibraltar (~10km). The shelf-break is located at water depths
between 120 and 140m and it is generally smooth. The main morphological features in the shelf are
elongated prodeltaic lobes off the main rivers, such as the Guadiana, Tinto-Odiel and Guadalquivir,
erosional surfaces and Pliocene-Quaternary rocky outcrops in inter-prodeltaic areas, infilled
depressions and bed form fields show a patchy distribution and muddy depocentres.
Figure 4: Morfosedimentary scheme of continental slope at the Gulf of Cadiz. Types of sedimentary
deposits and forms grouped into five morfosedimentary sectors. (Hernandez-Molina et al., 2003).
The continental slope is the widest submarine domain of the margin with a very irregular relief, and
can be divided into three main sub-domains: upper, middle and lower slope. The upper slope is
located between 130 and 400m water depth, is 10km wide on average and has a gradient between
1° and 3°. Different morphological elements can be recognized in the upper slope: slope
accumulation, erosive surface in the proximal zone of the upper slope from Cadiz to Barbate, a
prominent erosive surface in the upper slope between the Portimão Canyon and the Guadiana River
mouth, submarine canyons and gullies; deformations related to diapir sand fractures, slides, slumps
and slope creep; and pockmarks due to fluid migration/escape and gas seepage from the sediment.
The middle slope, located between 400 and 1200m water depth, is characterised by an extensive
marginal shelf (or ‘‘slope terrace’’) with a maximum width of 100km and a low average gradient
between 0.5° and 1°. A Contourite Depositional System (CDS) is developed in the middle slope by the
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Mediterranean Outflow Water (MOW) interaction with the seafloor morphology. A high variety of
morphological types has been described in the CDS: erosive scour and furrows, sand ribbons, sand
dunes fields, mud volcanoes, overflow sedimentary lobe, diapiric ridges, contourite separated,
sheeted and elongated drifts, contourite moat and channels, marginal valleys and submarine
canyons. The lower slope is located between 1200 and 4000m water depth, with a slope gradient
between 2° and 4°, and a width varying from 50km in the NW to more than 200km in the SE. The
principal morphological elements identified in this domain are small scale depressions, including
channel and minibasins and irregular highs.
Figure 5: Examples of morphological types in the middle slope of the Gulf of Cadiz - A) mosaic
multibeam echo sounder which highlights major morphological features; B) contourite deposits,
elongated and separated from Faro-Albufeira; C) Example of morphology Mud Volcano; D) Bank of
the Guadalquivir and contourite channel; E) diapiric crest Marginal Guadalquivir Valley (HernandezMolina and Wolf, 2005).
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Geodynamic and tectonic frameworks
The Gulf of Cadiz is located close to the eastern end of the Azores-Gibraltar Fracture Zone that is part
of the Eurasia-Africa plate boundary. Geodynamic evolution of the Gulf of Cadiz is marked by three
successive phases: (1) development of a passive margin of Mesozoic age, related to the opening of
the Central and North Atlantic basin; (2) occurrence of a compressional regime during the Late
Eocene to Early Miocene, conditioned by N–S Africa–Eurasia convergence; and (3) evolution of a
Miocene foredeep associated with formation of the Betic–Riforogen and opening of the Western
Mediterranean basin. The most significant tectonic event affecting the gulf was the emplacement off
the Strait of Gibraltar of a giant Allochtonous Unit (or olistostrome in early studies) during the Late
Miocene as a consequence of the N-S to NNW-SSE convergence between Iberia and Africa and the
westward displacement of the Betic-Rifean Arc. Since the Tortonian, the compressional regime has
changed to another, more oblique one (NW–SE), characterised in the Gulf of Cadiz by the extensional
collapse of the orogenic front, and subsequently by remobilisation and emplacement westward of
the allochthonous body. Instability within this allochthonous mass occurred, and extensional
structures (isolated morphological highs and diapiric ridge systems), migrating from NE to SW, were
produced perpendicular to the convergence trend between the African and Eurasian plates. At the
end of the Messinian, a transtensional regime caused reopening of the connection between the
Atlantic and the Mediterranean through the Strait of Gibraltar. At the end of the Lower Pliocene,
subsidence decreased and the margine volved towards more stable conditions during the Upper
Pliocene-Quaternary. Sediment deposition since the Pliocene has been strongly influenced by the
MOW, by changes in global climate and sea level, and by neotectonic activity (mainly diapirism).
During this later phase, glacio-eustatic variations rather overprinted structural effects on the margin
and resulted in erosion, sedimentary progradation, and incision of major submarine canyons. The
present plate convergence between the African and Eurasian plates in the Gulf of Cadiz area is ~4
mm/y with a northwest–southeast trend. Some neotectonic reactivation is also evident, as expressed
by the occurrence of mud volcanoes, diapiric ridges, and fault reactivation. Tectonics represents a
key long-term factor in affecting seafloor morphology, which has exerted strong control on the
pathways of MOW and, therefore, the architecture of the CDS.
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Figure 6: Structural map of the Gulf of Cadiz based on the interpretation of seismic profiles.
(Medialdea et al., 2004).
Seabed characterization
Shelf sediments occur as relatively continuous bands from the inner shelf to the shelf break. The
inner shelf is covered by a sandy sediment belt, with local occurrence of gravels and rocky outcrops,
and muddy patches in the proximity of the most important river mouths. The mid-to-outer shelf is
mostly covered by an elongated, laterally-continuous muddy layer. Different types of sediments such
as clayey sands, sandy and silty clays occur on the outer shelf.
Distinct sedimentary features have been described in the slope of the Gulf of Cadiz. Rocky and
gravelly facies, related to intense activity of the current, are located in the southeastern sector of the
Gulf of Cadiz nearby the Gibraltar Strait, and in the isolated morphological highs and diapiric ridge
systems from the northern sector. Sand ribbons and a few furrows are observed close to the rock
outcrop and gravel area, indicate a transition zone where both erosion and deposition occur. These
morphologies are substituted by sand waves northeastward. The contourite channels distributed
along the Gulf of Cadiz are characterized by rock outcrops and coarse sandy sediments, sometimes
with sedimentary structures. Between the main contourite channels, contourite drifts are mainly
characterized by fine-grained deposits without dynamic structures, evidence of dominance of deposit
processes and low activity in these areas. Only the south-eastern part of the Huelva drift and the
southern part of the Guadalquivir drift have sandy surficial deposits. In the sector southwestern, the
mud and muddy sand facies containing sand wave and muddy sand instabilities are observed.
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Figure 7: Seabed Substrate (MESH Atlantic Project, 2013).
2.1.1.3 Oceanography
Physical water properties
Considering the pilot area waters, the Strait of Gibraltar and the Alboran Sea, the whole area is
strongly characterized by oceanographic double water exchange between the Mediterranean and
the Atlantic water masses. Compared with the Mediterranean ones, the Atlantic waters are relatively
cold and low saline flow, at upper layer, into the Mediterranean Sea, conditioning the Alboran Sea
water circulation.
From an oceanographic point of view, the surface circulation in the pilot area is characterized, in
general terms, by an anticyclonic eddy that varies seasonally related to changes in prevailing wind
regimes: easterly and westerly wind. Part of the northern branch of the anticyclonic eddy goes south,
joining the Canary Current, while the other part encourages the jet flow of Atlantic water through the
Strait of Gibraltar. Tidal currents are highly variable in their intensity, being only significant in the
continental shelf (with the exception of the bay and river mouths) and increasing in intensity toward
the Strait of Gibraltar (García-Lafuente, 2008).
Although, in general, the waters of the area considered oligotrophic, the existence of upwelling in
specific areas and nutrient-rich waters, support an important fishery and biological activity at the
regional level.
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Figure 8: Schematic representation of the circulation in the Gulf of Cadiz. Blue arrows represent the
outflow of Mediterranean water (upper and lower core), the current red and green slope GCC Atlantic
inflow (Peliz et al., in press).
Figure 9: Schematic representation of the main surface fluxes in the Gulf of Cadiz (Estrategias
Marinas: Demarcación Sudatlántica Marco General, 2012).
The Mediterranean Water outflow through the Gibraltar Strait introduces in the pilot area a
thermohaline anomaly which keeps modifying and mixing in the Gulf of Cadiz to spread into the
Atlantic Ocean and extending its influence on global circulation pattern. Regarding the regional
circulation, this anomaly involves inversed salinity profiles, which have dynamic implications. The
decrease in temperature with depth is associated with increased salinities: as a result weaker
baroclinicity (isopicnos gradients) is found when compared with undisturbed systems.
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Figure 10: Salinity characteristics in the pilot area.
Surface temperature
The ocean surface temperature (SST) is the variable for which there is a more thorough search
because the ocean surface is easily accessible from ships route and satellite.
Figure 11: SST Climatology from 1985 to 2008 OI-SST (Estrategias Marinas: Demarcación Sudatlántica
Evaluación inicial y buen estado ambiental Descriptor 7: Condiciones hidrográficas, 2012).
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The balance of surface fluxes of heat, mass and momentum in the pilot area cause the typical annual
cycle with maximum temperatures in August and lowest in February. On the one hand, from spring
to autumn the Gulf of Cadiz is divided into three main areas: dominated by low temperatures we find
the area to the W Cape Trafalgar and the other area to W of the mouth of the Guadiana and
between the two a warmer area. On the other hand, in the winter the internal platform is overrun
with cold water, which in this case is the result of runoff and continental inputs and the coast-ocean
heat balance. These waters are relatively low in salinity and therefore light enough to be considered
a flow of buoyancy.
Figure 12: Sea surface temperature in the pilot area.
Figure 13: Sea temperature at 400 m water depth in the pilot area.
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Primary productivity
The highest concentrations of nutrients (nitrate, phosphate and silicate) in the pilot area are
observed during winter, just before the spring bloom. In contrast, the lowest values of nutrients
appear in the summer, coinciding with the period of greatest stratification. However, it can be
concluded that phosphate never appears as the limiting nutrient as the values exceed the halfsaturation constant for the growth of phytoplankton (Ks of 0.03 and 0.5 mM). The highest
concentrations of chlorophyll are observed in spring and autumn, although the maximum in autumn
is slightly lower. There appears to be an association between increased estuarine and freshwater
inputs, and phytoplankton development and fertilization at the mouth of the Guadalquivir River.
Tidal data
In the pilot area the tide is semidiurnal and the tide pattern conforms to the North Atlantic and
extends northward. The tidal amplitude increases towards the until the Huelva meridian, where it
begins to decline towards the Strait to fit the lower tidal oscillation of the Mediterranean.
In general, the tidal currents are weak, except in certain regions. One of these areas is located near
Tarifa (within 50 km) where the main oceanographic feature is the circulation patter of the Gibraltar
Strait, with the tidal current running westward when the runs up and eastward when the tide runs
down. The other exception is located at the rivers mouths, particularly in the Guadalquivir, where the
tide runs up through the riverbed more than 80 km reaching Seville. In this case, a large volume of
water is moved in each tidal cycle, which is associated with relatively high currents.
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Figure 14: Time series of variables on the continental shelf of the Gulf of Cadiz. Monthly averages
(March 2002-September 2004). From top to bottom: temperature (° C), salinity, nitrate (M),
phosphate (uM), silicate (M), the total chlorophyll-a [Chla] and in cells> 20 microns [Chla> 20 microns]
(mg l-1), particulate matter [Part. Matt.] (Mg l-1), percentage of inorganic particulate material
surface [% Inorg. Matt.]. (Estrategias Marinas: Demarcación Sudatlántica Marco General, 2012).
14
Waves
Port Authority provides information on the wave regime in the open ocean for the period 1996-2006
(figure 15) and directional analysis since 2003 (figure 16).
B
A
Figure 15: Swell - Joint distribution of peak period (A) and significant wave height (B) for RAYO buoy in
the Gulf of Cadiz, for an annual period between August 1996 and December 2006 (Source: State
ports. Estrategias Marinas: Demarcación Sudatlántica Marco General, 2012).
Figure 16: Rose Swell - Joint distribution of significant height relative to the direction in RAYO buoy in
the Gulf of Cadiz. (Source: State ports. Estrategias Marinas: Demarcación Sudatlántica Marco
General, 2012).
The rose represents the wave height and wave direction associated with its probability of
occurrence. The most frequent waves (70%) are westerly, with special emphasis the direction 270
(28%). Another preferred location is the SE (135°) with a 15% frequency. However, the biggest waves
come from WSW, with 1% of the total with waves up to 3 m significant wave height.
Two different scales should be considered: i) the large scale cycles, affected by gradual changes
related to natural variability and climate change; ii) local and intermediate scales, conditioned by
infrastructures, human activities involving discharges or natural discharges. Two main types of
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human interventions in the environment cause a cumulative effect on the hydrodynamic conditions:
i) hydrographic river regulation, which affects not only the ecosystems in the river basins but also
conditions the marine ecosystems in the range of influence of the freshwater discharge area (partly
due to nutrient inputs); ii) use of artificial elements (and their accumulation) in the coastline causes
variations in the hydrodynamic regime and affects sediment transport, modifying and replacing local
benthic ecosystems.
Eutrophication
Under the terms of the eutrophication assessment in the pilot area, areas of contrasting productivity
were identified from satellite images and a prospective tool was applied for the initial identification
of the potentially most productive areas, identifying the spatial variability and temporal chlorophylla. The highest productivity is found in the coastal strip where the influence of the aforementioned
rivers is higher, so the coastal area located between the outer bay of Cadiz and the eastern limit of
the pilot area is far less productive (except the bay of Cadiz itself). Also, there is a considerable
gradient of decreasing productivity from the coast to seaward. To the horizontal variability in the
concentration of chlorophyll-a a seasonal variability is added, with the most productive period
extending from March to May. However even in the least productive months (June to August) the
chlorophyll-a concentration in the coastal strip above remains relatively high.
2.1.2
Biological characteristics
2.1.2.1 Species
Fish
Several studies, based on survey information results and/or fisheries data, have reported historical
contributions about the demersal fish fauna on soft bottoms in the Gulf of Cadiz. For the Spanish
side, the main and most consistent information source on this component comes from ARSA
(“Arrastre Región Sur-Atlántica”) bottom trawl surveys, carried out by the Spanish Institute of
Oceanography (IEO) aimed at assessing the demersal resources. A total of 259 fish species belonging
to 82 different families have been identified throughout the ARSA surveys time series (1993-2012).
Chondrichthyans are represented by 46 species, mainly from Rajiidae (16 species) and Squalidae (13
species) families. Otherwise, 203 bony fish species from 71 families were identified. The best
represented families are Sparidae (22 species), Soleidae (12 species), Myctophidae (10 species),
Gadidae (8 species) and Gobiidae (8 species). Although ARSA time series also report different pelagic
species (Sardina pilchardus, Engraulis encrasicolus, Trachurus spp., Scomber spp.), their estimates
and trends should be treated with caution because the sampling gear is not suitable for these
species. Thus, the IEO additionally carries out pelagic stocks assessment in the Gulf of Cadiz since
2004 by means of acoustic surveys (ECOCADIZ series) performed in summer time, coinciding with the
spawning period of anchovy (Engraulis encrasicolus). ECOCADIZ information shows that the fish
component of the neritic domain (20-200m depth) is dominated by a few species: sardine (Sardina
pilchardus) and anchovy mainly (coastal pelagic species), followed by mackerels (Scomber colias
mainly because S. scombrus is less abundant in the Gulf of Cadiz, at least in recent years). Other
pelagic species come from Carangids as Trachurus (T. picturatus and T. trachurus) are more common
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in the pilot area while T. mediterraneus appears more frequently in the Cadiz county waters, close to
the Strait of Gibraltar.
In the Algarvian coast (Portuguese side) the pelagic fish communities are also composed mainly by
sardines (Sardina pilchardus), anchovy (Engraulis encrasicolus), mackerel (Trachurus trachurus, T.
mediterraneus, T. picturatus) and chub mackerel (Scomber colias) (Gonçalves et al., 2008b). These
species aggregate in huge schools being the main primary consumers in the water column and
principal prey of larger piscivorous fish, sharks, seabirds and marine mammals. Ultimately, they are
the most captured commercial species in the region. The big pelagic fish also inhabits the offshore
part of the pilot region, such as the tunas (Thunnus spp.), bluefish (Pomatomus saltatrix), swordfish
(Xiphias gladius), dolphinfish (Coryphaena hippurus), blue shark (Prionace glauca) and marlins
(Makaira nigricans, Tetrapturus albidus) being targeted by the recreational fishing (BIG GAME) and
by commercial longlining (Veiga et al., 2011). Of relevance are the coastal migrations of tuna that
during several centuries constituted a very important source of income for the coastal populations
and that were interrupted during the last decades of XX century and re-established in the beginning
of this century. The process of capture is based on traditional fixed fish traps known as “Almadrabas”
in Spain or “Armações” in Portugal that play an important role in the regional economies and on the
maritime space “occupation”.
Living near the seafloor, the demersal species in the region are abundant and generally targeted by
both recreational and commercial fisheries, such as the seabreams (e.g. Diplodus spp., Pagellus spp.,
Pagrus pagrus, Dentex spp., Lithognathus mormyrus, Sparus aurata), the seabass (Dicentrarchus
labrax) or are only part of the commercial catches like the hake (Merluccius merluccius) or the cherne
(Polyprion americanus) (Gonçalves et al., 1997; Erzini et al., 2001, Veiga et al., 2010). The benthic fish
communities, i.e. the species that live in the sea bottoms are also very common and found within the
region their essential fish habitats, for instance the red mullets (Mullus spp.), the soles (Solea spp.),
the rays (Raja spp.) and the monkfish (Lophius spp.) (Erzini et al. 1999; Gonçalves et al., 2007; Santos
et al., 2007).
There are also important communities of reef associated fish dominated by labrids (Symphodus spp.,
Labrus spp.), serranids (Serranus spp., Anthias anthias, Chromis chromis and Epinephelus
marginatus), gobies (Gobius spp.), blennies (Parablennius spp.), and seahorses and pipefish
(Hippocampus hippocampus, Syngnathus acus) that have a part their intrinsic ecological value a
further aesthetic interest for underwater ecotourism (Gonçalves et al., 2010).
In terms of migratory species, the eel (Anguilla anguilla) uses the area as a route for and from the
major rivers where they live while the shads (Alosa spp.) inhabit the coastal waters and migrate to
the rivers to spawn (Gonçalves et al., 2006; Veiga et al., 2006).
Shellfish
The information about shellfish communities has been obtained of several studies targeting dredges
fisheries in the infralittoral area from the Guadalquivir to Guadiana Rivers. The shellfish information
on the circumlittoral area has been collected from the demersal survey time series conducted by the
Spanish Institute of Oceanography (IEO) in the Gulf of Cadiz since 1993.
17
A total of 46 mollusc species or groups of species have been identified, including some commercial
cephalopods such as Octopus vulgaris, Sepia officinalis and Alloteuthis sp.. However, other studies
performed in the area have reported 66 species belonging to bivalves. In relation to crustaceans, 26
species or groups of species such as Liocarcinus sp. or Diogenes sp. have been identified. M.
keraturhus and S. mantis highlight due to their commercial importance. In addition, echinoderms and
other taxonomic groups are represented by only 11 species.
The demersal surveys carried out in the circumlittoral area have reported 183 species along 20062012 time series. A total of 93 species belonging to crustaceans have been identified, highlighting
Parapenaeus longirostris as the most abundant species. This shrimp is widely distributed in the area
and has a very high commercial value. Regarding molluscs, a total of 90 species have been identified
belonging to cephalopods (30 species), bivalves (30 species) and to gastropods (29 species).
Cephalopods present high abundance mainly in the shallowest circumlittoral area, with commercial
species such as O. vulgaris, S. officinalis and Loligo vulgaris. In deeper waters are common other
species belonging to Ommastrephidae and Sepiolidae families but with less important commercially.
In terms of the Algarvian coast there are several banks of bivalves in the pilot area exploited by
commercial dredges such as razor clam (Ensis siliqua), the white clam (Spisola solida) and, clams
(Donax spp.). Several species of bivalves are also found (Chamelea gallina, Euspira catena, Chlamys
spp.) and concerning the gastropods the knobbed triton (Charonia lampas), the purple dye murex
(Bolinus brandaris), the banded dye-murex (Hexaplex trunculus) and the Algarve volute (Cybium olla)
and brittle pen shell (Atrina pectinata) are abundant as target and bycatch species, respectively
(Monteiro et al., 2001; Gaspar et al., 2005; Gonçalves et al., 2008a, c). There are some endemic
species of gastropods in the Algarve coast such as the sea snail Fusinus albacarinoides (Hardorn et al.,
2009). In deeper waters we can find the oil-vessel triton (Ranella olearium), the helmet shell
(Galeodea rugosa) and banks of spoon oyster Neopycnodonte cochlear. The cephalopods, octopus
(Octopus vulgaris), cuttlefish (Sepia officinalis) and squids (Loligo spp.) are very abundant being
targeted by several fishing gears. The crustaceans play a role in the cleaning of the systems, namely
through the hermit crabs (Pagurus spp.), but have also other abundant representatives such as the
crabs (Necora puber, Polybius henslowii, Maja brachydactyla) shrimps (Palaemon spp., Parapenaeus
longirostris, Melicertus kerathurus), norway lobster (Nephrops norvegicus), and spiny lobster
(Palinurus elegans). The sea stars (Astropecten aranciacus, Marthasterias glacialis), the brittle stars
or ophiuroids (Ophiura spp., Astrospartus mediterraneus, Ophiotrix fragilis), the crinoides (Antedon
spp., Leptometra celtica) and the sea urchins (Paracentrotus lividus, Echinocardium cordatum) are
active predators/herbivorous/filters in both sandy and rocky bottoms, while the holothurians
(Holothuria spp.) as detritivorous are particularly abundant also in both substrates. The ascidians
Phallusia mammillata and Aplidium punctum are members of the filtering community of the waters
on sandy bottoms (Gonçalves et al., 2008a, c, 2010).
The anemones Anemonia sulcata, Aiptasia spp., Corynactis viridis and Parazoanthus axinellae, the
bryozoans Myriapora truncata and Pentapora foliacea, the sponges Phorbas fictitius, Dysidea spp.,
Cliona spp., Sarcotragus spp. and Axinella spp., are also important invertebrates of the Algarvian
subtidal rocks (Gonçalves et al., 2008c, 2010).
18
The pilot area is known for its gorgonian diversity with more than seven species occurring together:
Leptogorgia sarmentosa, L. lusitanica, Eunicella verrucosa, E. labiata, E. gazella, Elisella
paraplexauroides and Paramuricea clavata (Monteiro et al., 2013).
The occurrence of corals namely Dendrophyllia ramea and Caryophyllia spp. is common in the rocky
subtidal bottoms while Madrepora oculata forms small patches of hard coral in the deep sea. Red
coral (Corallium rubrum) and black coral (Antipathes spp.) are expected to occur in the pilot area
(Monteiro et al., 2013).
Algae and marine plants
A comprehensive cataloguing of the Andalusian macro-phytobenthos, based on a bibliographical
review (dating back to 1807) and differentiated by provinces, was carried out by researchers from
the University of Málaga in the mid 90s and recorded a total of 86 Chlorophyceae species and infraspecific taxa, 108 Pheophyceae species and 348 Rhodophyceae species. The corological information
on Andalusian macrophytes has been increasing over the years, including the Gulf of Cadiz waters as
well. The majority of macroalgae occur in the littoral of both Atlantic provinces, although there are
some algae such as those ones belonging to the Cystoseira genus that mainly occur outside the pilot
area, in the southernmost coasts of the Cadiz province, increasing their coverage towards the zone
near the Strait of Gibraltar. Something similar happens with the kelp species, such as the
representatives of the genera Laminaria, Saccorhiza and Phyllariopsis, that show an even more
restricted distribution (also outside the pilot area) with their occurrence being reduced to some thalli
which may form small spots in zones of the Barbate inlet and Zahara de los Atunes at depths deeper
than 20m. Such observations evidence the fact that macroalgae populations in the Gulf of Cadiz are
much more abundant in the Cadiz coasts than in the Huelva ones since the rocky coverage is smaller
in this last province. In fact, in the Huelva littoral there is no a rocky intertidal zone, but wide sandy
beaches and zones with muddy-silty sand in areas close to the river mouths.
Sea-grass beds form habitats composed by higher photophilic plants. They are magnoliophyte
species, i.e. they have flowers and fruit, apart from a complex system of rhizomes. At present, the
angiosperm species inhabiting the Spanish coasts of the Gulf of Cadiz are Ruppia cirrhosa (aquatic
plant not strictly considered as a marine phanerogam belonging to the magnoliophytes
alistamatales), and the marine phanerogams Cymodocea nodosa, Zostera noltii and Zostera marina
(magnoliophytes pomatogetonales). These species inhabit in the Spanish coasts in habitats typified
by the Habitats Directive as habitats 1110 (Sandbanks which are slightly covered by sea water all the
time), 1140 (Mudflats and sandflats not covered by seawater at low tide), or 1160 (Large shallow
inlets and bays), and they are protected, among other causes by the importance of the ecosystem
services they provide, as well as by the carbone storage or by its control of the marine erosion. Thus,
these sea-grass beds play a key role both in the coastal biology and in the littoral dynamics. In fact,
recent studies focused in sea-grass beds of Z. noltii and C. nodosa have shown the role played by
these species as ecosystem engineers by altering the hydrodynamic conditions at the local level, by
favouring a higher density of benthic invertebrates and higher filtration rates in bivalve molluscs.
The monitoring of the sea-grass beds by the Consejería de Medio Ambiente de la Junta de Andalucía
and the University of Cadiz in the Andalusian Atlantic coasts reveals the location of zones that have
suffered an evident regression (e.g., estuary of the Piedras river, in Huelva) as a probable
19
consequence of unauthorized shellfish fishing activities (by pulling the bushes up from the substrate),
the processes involving a decrease in the light (by increased turbidity) and the modification of the
water regime of estuaries, the contribution of muds and silts, and the eutrophication processes
causing the proliferation of algae that prevent the normal growth of the phanerogam. Therefore,
sea-grass beds are excellent bioindicators of the state of conservation and environmental quality of
the marine environment (water and sediments) where they develop. The regression of these
biocenosis provides information on possible impacts at a more local level, such as the pollution,
waste, incidence of port and littoral works, etc..
The Consejería de Agricultura y Pesca de la Junta de Andalucía has implemented since 1994 a
program for the control of the health conditions for fishery products that includes the monitoring of
the species composition of the phytoplankton assemblages and the abundance of toxic or potentially
toxic species in the different Shellfish Production Zones. In the Spanish Atlantic coasts the main
species for their implication in the toxic phenomena (HABs, Harmful Algae Blooms) with relevance in
the exercise of fisheries are Dinophysis cf acuminata, Dinophysis acuta and species of the genus
Pseudo-nitzschia.
In terms of macroalgae in the Algarvian coast there are important habitats supported by Cystoseira
and Dictyota (Cystoseira usneoides and Dictyota dichotoma) facies and also by coralline species
(Mesophyllum spp., Lithophyllum spp.). Furthermore, in shallow waters the green algae have an
important representation with Codium spp., Cladophora spp. and Ulva spp., being the most
representative the brown algae such as Halopteris filicina, Zonaria tournefortii, Padina pavonica and
Colpomenia peregrina and red algae such as Asparogopsis armata, Peyssonnelia spp., Corallina
elongata, Plocamium cartilagineum and Gelidium spp. (Gonçalves et al., 2008c, 2010).
Seagrass species present in the area include small spots of Cymodocea nodosa meadows (Gonçalves
et al., 2008c, 2010).
Marine mammals
Knowledge of marine mammal populations of the Gulf of Cadiz has been poorly described until the
late 90s. In the last years, CIRCE (Conservation, Information and Research on Cetaceans) and
Consejería de Medio Ambiente (Junta de Andalucía) have undertaken several studies by applying
different techniques such as the photo-identification, biopsy sampling for population genetics
studies, stable isotope analysis to characterize the diet, and sighting and stranding records. An
analysis of information collected has started to solve some of the unknowns.
20
Figure 17: Marine mammals in the pilot area.
Overall, the findings suggest that the Gulf of Cadiz is a suitable habitat for marine mammal
populations due mainly to its proximity to the Strait of Gibraltar. The most important resident
species are the common dolphin (Delphinus delphis), striped dolphin (Stenella coeruleoalba), bottlenosed dolphin (Tursiops truncatus) and harbour porpoise (Phocoena phocoena). However, some
migratory species such as fin whale (Balaenoptera physalus) and Risso's dolphin (Grampus griseus)
are frequently sighted when crossing the area at high speed during their migrations. Finally, there is a
population of killer whales (Orcinus orca) interacting with the blue fin tuna fishing boats but closely
linked to the Strait of Gibraltar.
Currently, numerous international and national conventions and regulations to mitigate the major
threats to marine mammals recognize the importance of their populations in the marine ecosystems.
In the Gulf of Cadiz, the main threats detected are incidental catches, habitat degradation and loss,
marine contamination, underwater noise and maritime traffic. The marine mammal populations
cited above are included in the IUCN Red List of Threatened Species.
In respect to the extreme west side of the pilot area, the influence of both tropical and temperate
Atlantic Ocean is dominant with large populations of common dolphin (Delphinus delphis) and
harbour porpoise (Phocaena phocaena). Other marine mammals were also registered within this
area, such as fin whale (Balaenoptera physalus), sei whale (Balaenoptera borealis), killer whale
(Orcinus orca), sperm whale (Physeter macrocephalus) striped dolphin (Stenella coeruleoalba), risso
dolphin (Grampus griseus) and common bottlenose dolphin (Tursiops truncatus). Two other whale
species were also registered in one single area namely bryde´s whale (Balaenoptera edeni) and blue
whale (Balaenoptera musculus) (ICES, 2013).
21
Birds
The importance of the pilot area to birds lies in its geographical position. This region is the natural
entrance to the Strait of Gibraltar and is one of the hot spots for bird migration in Europe. Despite
the importance of the area, information on abundance, distribution and potential breeding areas is
poorly described. Some studies undertaken by the Consejería de Medio Ambiente (Junta de
Andalucía), Universidad de Cádiz (UCA), Spanish Institute of Oceanography (IEO) and SEO/BirdLife
(Spanish Ornithological Society) have revealed information on the spatial and temporal distribution
of seabirds in the Gulf of Cadiz.
Figure 18: Main species of birds in the pilot area.
In general, the most abundant seabird species passing the Strait of Gibraltar during their spring
(prenuptial) and autumn (postnuptial) migrations are: yellow-legged gull (Larus michahellis), blackbacked gull (Larus fuscus), Northern gannet (Morus bassanus), Balearic shearwater (Puffinus
mauretanicus), Cory's shearwater (Calonectris diomedea borealis), great skua (Stercorarius skua),
Audouin's gull (Larus audouinii), blackheaded gull (Larus ridibundus), storm petrel (Hydrobates
pelagicus) and little tern (Sterna albifrons).
These species are included within the IUCN Red list of Threatened Species, but is of great interest the
Balearic shearwater due to this bird is classified as Critically Endangered (CR) and Cory's shearwater
and Audouin's gull as Near Threatened (NT). The main threats to birds in the pilot area are common
to other regions, highlighting the incidental catches, the degradation and loss habitat, marine
contamination and the wind turbines at sea (IUCN, 2013).
22
Three marine IBAs (Important Bird Area) have been identified in the Spanish part of the pilot area.
These IBAs provide habitats for different sea bird species. The first IBA (ES403) encompasses 2,366
km2 at depths of 40-230 m. This area covers a significant part of the wide and rich continental shelf of
the Gulf of Cadiz, and is not linked to the coast. Of particular interest are the large concentrations of
Puffinus mauretanicus and Hydrobates pelagicus in autumn, as well as of Morus bassanus in winter.
Larus audouinii is also common in the area, particularly in winter. The second IBA (ES261) covers 60.6
km2 with depths from 0 to 15 m. Its importance lies in the seaward extension of the colony of Sterna
albifrons of the Odiel salt marshes and their surroundings. Finally, the third IBA (ES261) encompasses
101.3 km2 at depths of 0-25 m. This area is important because of the breeding colonies of Sterna
albifrons of the Cádiz Bay and its surroundings. In fact, it is the most important coastal population of
this tern in Spain (Arcos et al., 2009).
Further west, the populations of coastal seabirds are dominated by seagulls (Larus argentatus and
Larus fuscus), but the northern gannet (Morus bassanus), artic skua (Stercorarius parasiticus), whitewinged black tern (Chlidonias leucopterus) and great shearwater (Puffinus gravis) were also identified
in the pilot area.
In the pilot area there is also a Marine Important Bird Area (MIBA), with an area of 199 km 2, located
between Vilamoura and around Vila Real de St. António, from the coast to two miles offshore. Their
ornithological importance are related with the presence of Larus audouini and Sternula albifrons, but
other species have been observed in that area, namely Larus marinus, Phalacrocorax carbo,
Chroicocephalus ridibundus, Larus fuscus, Larus michahellis, Ichthyaetus melanocephalus, Larus
minutes, Sterna caspia, Sterna sandvicensis, Uria aalge and Alca torda (Ramírez et al., 2008).
Turtles
Turtles cross the pilot area during their migratory processes through the Strait of Gibraltar. Annually,
hundreds of individuals are concentrated in the Gulf of Cadiz reaching the Andalusian coast. The
most abundant species found in the area is the loggerhead (Caretta caretta). Furthermore, it has
been detected in the area the presence of the leatherback turtle (Dermochelys coriacea), but its
abundance is significantly lower. Sporadically, some specimens of green turtle (Chelonia mydas) and
olive ridley (Lepidochelys kempii) have been found from stranding records compiled by the Consejería
de Medio Ambiente (Junta de Andalucía). In the case of the Algarve the C. caretta migration routes
are relatively offshore.
The sea turtle populations are in decline worldwide, being included in the IUCN Red List of
Threatened Species. The loggerhead turtle is classified as Endangered (E) and the leatherback turtle
is as Critically Endangered (CE). One of the most important threats endangering the turtle
populations is the incidental catch, in addition to marine contamination, ship strikes, diseases and
degradation and loss habitat due to tourism development.
23
Invasive species
Vectors for spreading marine alien invasive species (IAS) are diverse. The main IAS spreading vector is
the marine traffic either by fouling or by ballast water. Specifically in the Spanish part of the pilot
area this vector has a special relevance because of the considerable international maritime and
fluvial traffic (Guadiana, Tinto-Odiel and Guadalquivir rivers) and the presence of large maritime and
fluvial ports (Huelva, Cadiz, Seville). Such characteristics reinforce the conclusion posed by different
researchers that any temperate estuary (such as the Guadiana and Guadalquivir ones) with or close
to a strong international maritime traffic and, also in our particular case, the numerous salt marshes
located in the pilot area, should be considered as “hot spots” susceptible to the invasion. Moreover,
this potential threat may be aggravated with the planned dredging of the estuaries of the Guadiana
and Guadalquivir as well as with the intense regulation of the flow of these rivers to their respective
estuaries, a management which also intensifies the settlement of alien species. Likewise, both
estuaries are temperate ones under the influence of a Mediterranean climate and, therefore, are
classified as very vulnerable areas to the global change, which also contributes to the increase of
potential invasions.
Aquaculture is also a very important vector of spread of species in the marine environment. IAS may
be deliberately (as commercially exploited species) or accidentally introduced. The latter ones are
more abundant and they used to be parasites or symbiotic species of those alien commercial species
that are going to be introduced and cultured.
Recent reviews have identified a total of 82 species defined by the authors as not native in Spanish
waters of the Gulf of Cadiz. Of these, 24 are species which possibly arrived to the area from other
places on their own (mostly fish species). The rest, a total of 58, could be considered as alien species
sensu stricto. Among these alien species occurring in the above mentioned environments there is
available information on the amphipod Corophium orientale, the bivalve molluscs Corbicula fluminea
and Mytilopsis leucophaeata, the cnidarians Blackfordia virginica and Cordylophora caspia, the
decapod crustaceans Callinectes sapidus, Eriocheir sinensis, Palaemon macrodactylus and
Rhithropanopeus harrisii, the gastropod mollusc Potamopyrgus antipodarum, the parasit nematod
Anguillicoloides crassus, the polychaete worm Ficopomatus enigmaticus and the fish species
Fundulus heteroclitus and Gambusia holbrooki. From the 58 alien species, 34 have been classified by
the different authors as invasive species (IAS), although this does not imply that their impact has
actually been evaluated, neither if such impact in the ecosystem deserves to be considered as
negative. Nevertheless, most of these potentially invasive alien species are euryhaline species
distributing not only in estuarine zones, essential habitats for numerous marine species, but also in
salt marshes and coastal lagoons, habitats with an enormous relevance in the pilot area.
In any case, recent reviews seems to suggest that the recorded number of IAS is much lower than
that recorded in other locations of the Spanish coasts, with Andalusian waters being relatively
immune to the settlement of IAS because of its high species richness, especially in strictly marine
waters, although those areas showing a lower diversity (including ports) may suffer more this threat.
The impact of the IAS in the invaded environment is especially relevant at the ecosystem level, since
they may affect key (i.e., species controlling the ecosystem functioning) and structural species (i.e.,
species that create landscape). In the pilot area the species with more studied impacts is the invasive
polychaete Ficopomatus enigmaticus, a species that generates regression of the intertidal vegetation
24
of the wetlands, grows on the plants and suffocate them, and alters the water regime by collapsing
salt marsh channels and pools preventing the tidal circulation. This species, as an ecosystem
engineer, may alter the functioning of the native ecosystems; hence its monitoring is a priority. The
amphipod Caprella scaura ousts native species, although preferably distributes in port zones and
anthropic substrates. The bivalves Corbicula fluminea and Mytilopsis leucophaeta cause incidences in
the water pumping in the dock of the Seville fluvial port in the Guadalquivir river; the bivalve
Venerupis philippinarum competes with the native clam (V. decussatus) and it even may displace it.
The cnidarian Blackfordia virginica reduces the densities of zooplanktonic organisms (including
anchovy Engraulis encrasicolus eggs); Cordylophora caspia causes incidences in the water pumping of
the Guadalquivir. There are studies on impacts for two decapod crustacean species. On one hand,
Eriocheir sinensis alters the aquatic macroinvertebrates and macrophytes communities by direct
predation, generates erosion of the riverbanks and risk for the infrastructures, transmits diseases and
causes losses in local fisheries and damages to the rice crops. On the other hand, Palaemon
macrodactylus competes with the native species by the resources. The fish species Fundulus
heteroclitus competes for the space with other species.
In the Algarvian coast there are several invasive species within the pilot area with macroalgae (e.g.
Asparogopsis armata, Asparagopsis taxiformis, Codium fragile, Sargassum muticum, Caulerpa sp.),
gastropods from the offshore aquacultures (Pteropurpura (Ocinebrellus) inornata) (Afonso, 2011),
bivalves (Crassostrea gigas; Ruditapes philippinarum), ascidians (e.g. Microcosmus exasperatus) and
crustaceans, amphipods (Ampelisca heterodactyla), barnacles (Elminius modestus, Balanus
amphitrite and the shrimp Marsupenaeus japonicus being this last one probably released by inland
aquacultures (ICNF, 2014).
Spawning grounds and nursery
The continental shelf off Spanish coast, from Guadiana to Guadalquivir River, has been postulated as
an important spawning and nursery area for many marine species. High fish eggs concentrations are
found preferably between the 30 and 100m isobaths, while larvae are mainly found close to the
Guadalquivir River mouth. Moreover, postlarvae and juveniles are found in large amounts into the
Guadalquivir estuary. The role of the Guadalquivir estuary as an important nursery area for many
marine fish species has been largely studied. Two small pelagic fish, anchovy (Engraulis encrasicolus),
spring-summer spawner, and sardine (Sardina pilchardus), autumn-winter spawner, represent more
than 50% of the egg and larval concentrations, while the rest were mainly composed by the families
Sparidae and to a lesser extent by Gobiidae, Callionymidae, Labridae, Bothidae, Blennidae,
Carangidae and Soleidae. Nevertheless, the spawning grounds of some commercial species such as
Atlantic chub mackerel (Scomber colias), horse mackerel (Trachurus trachurus), hake (Merlucccius
merluccius) and the rose shrimp (Parapenaeus longirostris) are mainly located in the continental
slope. In addition, the decapod Norway lobster (Nephrops norvegicus) prefers deeper areas, from
200 to 700m of depth, where inhabits into complex burrow systems on muddy bottoms. On the
contrary, cephalopods such as octopus (Octopus vulgaris) and common cuttlefish (Sepia officinalis)
spawn in the most coastal fringe (Silva et al., 2011).
25
In resume, the Gulf of Cadiz and the coast of Algarve contain some of the unique spawning grounds
and nurseries of the most important pelagic species in Iberia Peninsula, particularly anchovy (E.
Encrasicolus), sardines (S. pilchardus) and chub mackerel (S. colias) (MEFEPO, 2009).
Although there are almost no maps about spawning grounds and nurseries for commercial demersal
species, there are in the pilot area some habitats essential for several of those species such as red
mullet (Mullus surmuletus), hake (M. merluccius), monkfish (Lophius piscatorius), white seabream
(Diplodus sargus), seabass (Dicentrarchus labrax) and soles (Solea spp.).
2.1.2.2 Habitats
Benthonic habitats
In contrast to terrestrial habitats, marine habitats are less known. The Gulf of Cadiz can be
considered as a transition region because of the confluence of the Mediterranean Sea and the
Atlantic Ocean, hosting the greatest biodiversity in European coasts. The shores, with sediments
from large rivers such as Guadiana, Guadalquivir and Tinto-Odiel, show large dunes and wide
beaches associated with estuary areas. There are three species of sea grass (Zostera noltii,
Cymodocea nodosa and Zostera marina) in the sandy seabed of the Gulf of Cadiz. Therefore, the
infralittoral region (from Guadiana to Guadalquivir river mouths) presents mainly sand and mudsand (with gravel) habitats with significant bivalve communities (Chamelea gallina, Donax trunculus,
Spisula sp., Acanthocardia sp., etc.) and other benthic invertebrates (Echinoderms, Antozoa, Briozoa,
etc.). Octopus (Octopus vulgaris) and other commercial cephalopods inhabit gravel bottoms as well
as flatfish (Dicologoglosa cuneata, Solea sp., etc.). Within the pilot area the certain hard bottoms are
isolated rock slabs where the presence of Antozoa and Gorgoniacea species are relevant. A
remarkable biogenic reefs of Crassostea angulata (namely “corrales”) and coral gardens in the
deeper, but littoral grounds with a predominant presence of Dendropyllia ramea have been detected
in the eastern part of the pilot area. In the circumlittoral region of the pilot area, soft bottoms are
occupied predominantly by fish and shellfish communities which include species with high economic
importance. Additionally, in the deepest grounds should be mentioned the occurrence of mud
volcanoes particular places with deepwater corals, sponges (Habitat 1180). This particular region
presents a great strategic value due to its importance for living resources but also for the ecological
and environmental significance.
The Algarvian part of the pilot area is composed by coastal and deep reefs (Habitat 1070), mud
volcanoes (Habitat 1180), submerged sand banks (Habitat 1110) and different sediment sea bottoms
from course to fine sands. It includes also submarine caves (Habitat 8330), seamounts and submarine
canyons. In terms of OSPAR habitats it includes maerl banks, coral gardens and seagrass meadows
(Gonçalves et al., 2008c, 2010; Cunha et al., 2011; Monteiro et al., 2013).
Fishing activities can affect benthic habitats damaging or removing sessile organisms by the types of
gears used. The most serious impacts are produced by bottom trawls and dredges because of the
physical damages on the seabed. The other effect that can have impacts on benthic habitats is the
possible alteration of suspended sediments either contaminants or nutrient rich particles. The
possible effects from lost fishing gears and ghost fishing should be also considered. Besides, there are
other impacts in the coastal and marine slope zones that can affect benthic habitats. In addition
26
several activities carried out inland, using rivers as vectors, may have consequences on the marine
environment and habitats. Among all impacts, it can be highlighted those related with environmental
damages, pollution by hazardous substances, nutrients and organic matter accumulations and
biological disturbances. Finally, seabed integrity can also be altered by the anthropogenic garbage
and waste presence.
Pelagic habitats
Physical characteristics of the pelagic habitat of the pilot area have been described in section 2.1.1
Regarding their biological characteristics, analyses of recent patterns of the spatio-temporal
distribution of the surface concentration of chlorophyll-a (as a proxy of the phytoplankton density)
show certain spatial zoning in the Gulf of Cadiz as a result of the different seasonal response of the
phytoplankton assemblages to several oceanographic (relative depth of the mixed layer and
nutricline and upwelling processes) and climatic (local wind regime, river runoffs, rainfall) features.
Thus, there is an oceanic zone, located in the open sea at depths greater than 1000 m depth,
characterised by a clear oligotrophy, one only phytoplanktonic bloom (in winter and associated to a
very deep mixed layer) and a high stability in the superficial chlorophyll in relation to the rest of the
Gulf. The second zone corresponds to the region influenced by the prevailing hydrodynamics in the
Cape San Vicente where, in addition to the spring phytoplanktonic bloom typical of these latitudes,
occurs usually another summer bloom of higher intensity and caused by upwelling processes. A third
area east to Cape Santa Maria is associated to the “Huelva Front”, which is caused by a local
upwelling of lower intensity and greater variability and associated to westerlies. The fourth zone
comprises the coastal area between Huelva and Cadiz and it is characterized by the highest
chlorophyll values. This zone includes the great estuary of the Guadalquivir, which plays a very
important role in the control of the Gulf of Cadiz biological activity. A fifth area close to the Cape
Trafalgar (outside the pilot area) is also characterized by chlorophyll-rich cold waters.
The pico-phytoplankton (0.2-2 μm esd) is responsible for an important fraction of the primary
production in oligotrophic zones such as the Gulf of Cadiz, and dominates the phytoplankton
biomass. The autotrophic pico-phytoplankton assemblage, composed by prokaryotes (e.g.,
cyanobacteria Prochlorococcus sp. and Synechococcus sp.) and eukaryotes organisms, shows a very
high cellular biomass in the Gulf, with Synechococcus showing a more coastal distribution (<50 m
depth, associated to the warmer and nutrient-richer upwelled shelf waters) than Prochlorococcus
(50-75 m, associated to a strong nutricline), and with the eukaryote picoplankton being associated to
upwelled waters. On the contrary, the Gulf of Cadiz nano-microplanktonic assemblage (2-80 μm esd)
shows very low biovolumes, as compared to close areas, and it is dominated by dynoflagellates
(especially Gyrodinium), other small flagellates (e.g., Cryptomonadales) and ciliates. This assemblage
is associated to the warm waters of the shelf, evidencing the importance of the coastal
hydrodynamics in the phytoplanktonic biomass and productivity in the Gulf.
Mesozooplankton (0.2-20 mm) is a key element in the survival of fish larvae and, in last instance, of
the fishing yields, playing a very important role in the marine food web by acting as a link between
micro- and macro-zooplankton. In the Gulf of Cadiz have been described three different
mesozooplankton assemblages: coastal, northern shelf and southern shelf ones. The coastal
assemblage, located at about 25 m, shows the highest densities but the lowest species diversity,
27
where Cladocera (e.g., Penilia avirostris, Evadne spinifera, Evadne tergestina, Evadne nordmanni, and
Podon spp) is the dominant taxa. The shelf population distribution, between 30-100 m depth, shows
a lesser density but a higher diversity, and includes two subgroups: the southern population,
dominated by Euphausiacea or Decapod Crustacean larvae, and the northern population,
characterized by the dominance of Apendicularia or Mollusca larvae depending on the year.
At higher levels of the pelagic food web the Gulf of Cadiz is characterized by the presence of midsized and small pelagic fish species which are commercially exploited by an important purse-seine
fishery. As described above, coastal waters are the main spawning/nursery habitat of important
forage fish species such as anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus), species
that extend their distribution up to outer shelf waters, along with other mid-sized pelagic species
such as bluefish (Pomatomus saltator), horse/jack-mackerels (Caranx rhonchus, Trachurus trachurus,
T. mediterraneus, T. picturatus) and mackerels (Scomber scombrus and S. colias). Nevertheless, the
occurrence of Atlantic mackerel S. scombrus in the study area is rather residual. Atlantic horsemackerel and jack mackerel (T. trachurus and T. picturatus) show their greatest densities in the
westernmost waters of the pilot area, whereas Mediterranean horse-mackerel is a typical species of
the Cadiz province shelf waters.
Forage fish species play an important role in the control of the functioning of the Gulf of Cadiz
ecosystem as a whole. The collapse of their stocks, dominant prey species, may generate drastic
changes in higher food-web levels (i.e., apex predator species as larger oceanic pelagic fish species tuna-, seabirds and cetaceans), but, surprisingly in lower levels as well. Since fisheries eliminate
substantial quantities of such species, the implications of this harvesting in the structure and
dynamics of the Gulf of Cadiz ecosystem should be taken into consideration. Notwithstanding the
above, regardless the added negative impact of fishing, population levels of small pelagic fishes
depend enormously on the success of their recruitments which depend in turn of the environmental
variations occurring during their early life stages. In this context, recent unusually high and persistent
turbidity events (HPTEs) observed in the Guadalquivir estuary may have negatively impacted its
nursery function either by decreasing prey availability (mainly mysid species) or by decreasing
survival/arrival of marine recruits (as it is the case for anchovy). Therefore, such observations call the
attention to the need to reduce, as much as possible, the anthropogenic pressures that may
stimulate the occurrence of such negative impacts.
28
Figure 19: Biological zones (MESH Atlantic Project, 2013).
Figure 20: EUNIS broad scale habitats (MESH Atlantic Project, 2013).
29
2.1.3
Underwater archaeology
Shipwreck inventory
In the pilot area there are several shipwrecks, some with historical and archaeological importance. In
the Spanish maritime space there are also records of numerous recent shipwrecks. In the Gulf of
Cadiz, given the richness of Spanish and Portuguese history, it is documented over a thousand
shipwrecks.
Some of these wrecks influence the security of navigation, and are included in the nautical chart.
However, other wrecks and historic features, despite their historical and enormous value, are not
included in nautical charts.
Figure 21: Shipwreck inventory in the pilot area.
30
2.1.4
Coastal zone
2.1.4.1 Coastal geomorphology
From a geological point of view, the area shows some Neogene basins. Closely, two outcrop
materials geologic units: first, the southern Portuguese area belonging to the Iberian Massif, which
constitutes the base of the basin of the Guadalquivir river in this sector and, secondly, the Neogene
formations and Quaternary basin fill.
The geological units, the lithological characteristics of the materials and the relief have allowed the
installation and development of estuarine, coastal and wind morphodynamic systems, leading to the
formation of areas of marshlands, coastlines waters and dune systems, respectively.
The most important rivers that flow into the Pilot area coast, from west to east, are:

Arade river;

Algarve streams;

Ria Formosa streams (Faro, Olhão, Tavira and Fuzeta)

Guadiana river;

Carreras or Cabreras river;

Piedras river;

Odiel river;

Tinto river;

Guadalquivir river;
According with the coastal configuration and features, the most characteristic coastal shapes are:

Ria Formosa spit;

Guadiana river mouth;

El Rompido spit;

Punta Umbría spit;

Huelva spit;

Doñana spit and Guadalquivir river mouth;
From the point of view of morphodynamic systems (Davis, 1964), the geo-morphology of the coast in
the pilot area is basically mesotidal, i.e. between 2 and 4 meters.
The most representative beaches in this coastal area are identified in section 3.10.1.
2.1.4.2 Coastal development
Since the 70’s, there has been a great tourist development across the Atlantic semi-circle from Faro
to Castilla Beach area, both in the Portuguese zone (especially the Algarve) and the Spanish (Isla
31
Cristina, El Portil, Isla Antilla, Mazagon, Matalascañas), in many cases converting much of the dunes
and marshlands into residential areas and developments.
Besides tourism development, there are other important activity sectors in the coast ranging from
agriculture, fisheries and industries associated with the Huelva estuary. The flooding of the area by
storms and tides, as well as the potential risk of tsunamis, similar to the Lisbon earthquake
characteristics, should be considered for future developments.
32
2.2
Infrastructures
2.2.1
Ports
The south of the Iberian Peninsula has an intensive port activity, with total of 25 ports in the pilot
area (table 1).
Table 1: List of existing ports.
Portugal
Port name
Portimão
Albufeira
Vilamoura
Quarteira
Faro
Olhão
Fuzeta
Tavira
Sta. Luzia
Cabanas de Tavira
Vila Real de Sto. António
Spain
Port name
Ayamonte
Isla Canela
Isla Cristina
El Terrón
El Rompido
Nuevo Portil
Huelva
Punta Umbría
Mazagón
Bonanza
Chipiona
Rota
E. N. Puntales
Arsenal de la Carraca
There are 11 ports located in the Portuguese side, being the main port areas Portimão, Olhão and
Vila Real de Santo António in Guadiana. There are also 13 fishing communities in the Portuguese
side, with supporting infrastructure of variable dimension. In the Spanish side there are 14 Ports,
being the most important Port of Huelva. Activities carried in these ports are discussed in section
3.12.1.
The most relevant works for port protection and entrances carried out so far are:

Jetty on Guadiana river mouth;

Jetties on Isla Cristina port;

Punta Umbría breakwater;

Juan Carlos I breakwater of Huelva port;

Mazagón port;
33
Figure 22: Existing ports in the pilot area.
2.2.2
Exploitation wells of hydrocarbons exploration
At the present there are 3 submarine gas wells in use belonging to the Poseidon North block, in the
Spanish side. The Poseidon field does not have any platform at sea surface. In the Portuguese side
there isn’t any well, however there are two authorized areas for prospecting and exploration of
hydrocarbons, another two are being negotiated and two others with preliminary evaluation
licenses.
2.2.3
Cables and pipelines
Submarine cables are associated to energy transport and telecommunications and are distributed on
the offshore zone of the pilot area, being most concentrated in the Spanish side where there are
some land connection infrastructures (e.g. Sanlúncar de Barrameda) and the convergence of
submarine cables for the Mediterranean Sea. On the Portuguese side of the pilot area there are no
submarine cable land connections.
Regarding pipelines as structures for the transport of substances, in the pilot area existing pipelines
are related to gas exploration, providing the connection between the gas deposits “Poseidon South
and North” and land. Also noteworthy is the pipeline for petroleum products associated with the
existing monobuoy at Huelva Petroleum Terminal.
34
Figure 23: Gas wells, monobuoys, cables and pipelines in the pilot area.
2.2.4
Coastal defence
Coastal zones represent the boundary and transition between maritime space and land territory.
Therefore these areas are subject to strong geomorphologic dynamics. Much of the coastal zone of
the pilot area is subject to heavy erosion and anthropogenic pressures, which has been the target of
numerous coastal defence interventions, related not only to the protection of beaches and coastal
zone but also to the construction of ports.
Given the sandy nature of much of the coastal zone, the main interventions are physical structures
for protection and beach nourishment, using sand from maintenance dredging of ports or, in some
cases, from maritime areas identified in the seabed. The most relevant works and actions in the pilot
area are showed in figure 24.
Groins, jetties and breakwaters as a hard works have been constructed as coastal and harbour
protection, port entrance and beach stabilization, and beach nourishment as coastal defence and
maintenance for recreational purpose.
35
Figure 24: Location of main works and actions for coastal defence in the pilot area.
2.2.5
Artificial reefs
The installation of artificial reefs is a measure for fisheries management. Protection reefs are
installed to protect marine habitats, limiting the fishing activity, while production reefs constitute
places of refuge, protection and reproduction of numerous fishing species.
The system of artificial reefs in Algarve began in 1990 with the installation of the pilot project “Faro
and Olhão”. Later, between 1998 and 2003, six reef systems were installed at the Algarve coast. All
the existing reefs in Algarve are production reefs and are located at less than four miles from the
coast, between 13-30 m of depth.
In Spain artificial reefs began to be placed in the 1970s but most were installed in the 1990s. At the
Huelva and Cadiz coast there are several reefs installed by the central government and also by
autonomous communities. These artificial reefs are production reefs ore mixed ones.
36
Figure 25: Artificial reefs in the pilot area.
2.2.6
Submarines outfalls
There are marine outfalls or tunnels for the discharge of municipal, industrial or combined sewer,
cooling water, or brine effluents from different villages from the SW coast to the sea. Usually they
discharge under the sea's surface (submarine outfall). In the case of municipal wastewater, effluents
are often discharged after having the appropriate treatment.
2.2.7
Lights and buoys
Special structures like lighthouses, lightships, beacons, buoys, etc. are used to enhance safety and
help navigation. This entire coast has lights and marks as prescribed across the world by the
International Association of Lighthouse Authorities (IALA) distinguished by the Shape, Colour,
Topmark and Light.
2.2.8
Others
Scooping
Although these are not real infrastructures, scooping areas are identified in this context because they
constitute a maritime space reserved for firefighting areas. These areas are intended to supply water
for firefighting aircrafts, mainly in the summer months when fires are more likely.
37
2.3
Nature conservation features
2.3.1
Protected areas
The pilot area has a high diversity of habitats and species of local, national and international interest,
being one of the areas with the greatest natural wealth of the Iberian Peninsula. These
characteristics led to the identification and classification of areas with different protection status,
namely Sites of Community Interest (SCI), Special Protection Areas (SPA), Ramsar sites and Biosphere
Reserves, among others.
Figure 26 shows the location of the protected areas and areas under designation process.
Figure 26: Biodiversity and nature conservation features in the pilot area.
The main values to preserve are mainly related with the presence of extensive coastal wetlands,
great biodiversity, relevance to birds, and the existence of underwater geological peculiarities. The
pilot area is one of the best places in Europe for bird watching, essentially in Ria Formosa, Castro
Marim, Doñana Park, Odiel Marshes Natural Park, Palos y Las Madres lagoon, Estero de Domingo
Rubio, El Portil Lagoon, Isla Cristina Marshes, Río Piedras Marshes and Flecha de El Rompido de
Hinojos Marshes.
It should be noted that the protected areas network is currently in expansion, with the designation of
marine SPA as the Gulf of Cadiz, the maritime space at Tinto y Odiel and also the maritime SCI
38
(currently under public consultation) named Volcanes de Fango del Golfo de Cádiz. This last area is
characterized by the presence of methane emissions and communities that ease the precipitation of
carbonate rocks, especially the presence of habitat 1180 “Submarine structures produced by leaking
gases” considered particularly sensitive to trawling and laying of submarine cables.
In the pilot area there are the following types of protected areas:

Special Protection Areas (SPA);

Sites of Community Importance (SCI);

RAMSAR sites;

Important Birds Areas (IBA);

Others protected areas;
Special Protection Areas
Special Protection Areas (SPA) were created under Article 4 of Birds Directive (Directive
2009/147/EC) which applies to birds, their eggs, nests and habitats and imposes the need to protect
areas large enough and representative of each habitat used by several species. This Directive
regulates also the trade of wild birds, prohibits some capture and killing methods and limits the
hunting of a set of species. The existing Special Protection Areas in the pilot area are identified in the
table 2 and figure 27.
Table 2: Special Protection Areas.
Portugal
Ria Formosa*
Castro Marim salt marshes
Spain
Isla Cristina salt marshes
Piedras river salt marshes and El Rompido
sandbar
Odiel salt marshes
Doñana*
Domingo Rubio tideland
Tinto and Odiel marine area*+
Gulf of Cadiz*+
*includes marine areas;
39
+ SPA
proposals
Figure 27: Special Protection Areas in the pilot area.
Sites of Community Importance
These areas are classified under the Habitats Directive (92/43/EEC). Article 3 of this Directive requires
the establishment of a European network of areas in order to contribute in a significant way to the
conservation of habitats and species identified in Annexes I and II (189 habitats and 788 species)
which need a greater effort of conservation.
Once the habitats and species of community interest are identified and the SCI nominated, the SCI
must be designated as Special Areas of Conservation (SAC), within a period no longer than 6 years,
and a management plan must be elaborated, in which normative and technical measures must be
taken to achieve the integration of the conservation objectives within the human activities.
The existing SCI in the pilot area are identified in table 3 and figure 28.
The Site of Community Importance “Volcanes de fango del Golfo de Cádiz” is not yet formally
established, its designation proposal is currently under public consultation. This area is characterized
by the occurrence of methane emissions and communities facilitating the precipitation of carbonate
rocks and the presence of habitat 1180 "Submarine structures made by leaking gases".
40
Table 3: Sites of Community Importance.
Portugal
Arade/Odelouca
Quarteira shore
Formosa Ria/Castro Marim
Guadiana
Ria Alvor
Spain
Piedras river salt marshes and El Rompido
sandbar
Isla Cristina salt marshes
San Bruno island
Punta Umbría juniper forest
Guadiana river y Chanza shore
Piedras river estuary
Portil lagoon
Odiel dunes
Odiel salt marshes
Tinto river estuary
Domingo Rubio tideland
Doñana
Gulf of Cadiz mud volcanoes*+
* includes marine areas;+ SCI proposals
Figure 28: Sites of Community Importance in the pilot area.
41
RAMSAR sites
Ramsar Convention is an intergovernmental treaty providing the framework for national action and
international cooperation regarding the conservation and wise use of wetlands and their resources.
The treaty recognizes wetlands as extremely important areas for biodiversity.
In the pilot area the existing Ramsar sites are identified in the table 4 and figure 29.
Table 4: RAMSAR sites.
Portugal
Ria Formosa
Castro Marim salt marshes
Spain
Odiel salt marshes
Madres y Palos Lagoons Natural Park
Doñana
Figure 29: RAMSAR sites in the pilot area.
Important Birds Areas (IBA)
One of the main objectives of the Program “Important areas for the conservation of birds” is to
adequately identify, protect and manage a priority areas network for the survival of birds all over the
world. This program is developed by Bird Life International partners in their countries. In the pilot
area there is only one IBA identified - Ria Formosa - represented in figure 30.
42
Figure 30: Important Birds Areas in the pilot area.
Other protected areas
Other protected areas to be considered in the pilot area are identified in the table 5 and figure 31.
Table 5: Other protected areas.
Portugal
Ria Formosa Natural Park
Castro Marim salt marshes Nature Reserve
Spain
Doñana National Park
Figure 31: Other protected areas in the pilot area.
43
Summarized characteristics of the main protected areas
The summarized characteristics of the main protected areas are provided below:
 Ria Formosa
The Natural Park of Ria Formosa is characterized by the presence of sandy coastal dunes
protecting a lagoon area. A part of the lagoon system is permanently submerged, while a
significant proportion emerges during low-water mark. The average depth of the lagoon is 2 m.
This large lagoon system includes a wide variety of habitats: barrier islands, marshes, shoals and
mud flats, dunes, salt marshes, freshwater ponds and brackish courses water, forests and
agricultural areas, a situation which immediately suggests a clear floristic and faunal diversity. The
site also includes Pinus plantations, urban areas, agricultural land, industrial sites, and nurseries
for fish and mollusc rearing. The area is important for numerous species of breeding, wintering
and staging waterbirds, including egrets and ibis. The site is of botanical importance, supporting
several endemic plants, and is a major nursery zone for fish.
 Castro Marim salt marshes
This Nature Reserve extends along the Guadiana, between Castro Marim and Vila Real de Santo
António, a flat area of low quotas crossed by a network of creeks which provide drainage and
open to salt water. The marshes are preferential areas for the reproduction of fish and
crustaceans. Castro Marim is the habitat or simple shelter to large populations of waterfowl.
The interest of the zone lies in its multiple ecological, botanical, ornithological and ichthyological
aspects, the archaeological value of the town of Castro Marim, as well as the high sensitivity of
the area and its ability to influential regional economic factors.
 Doñana
Doñana is one of the biggest and best known humid zones in Europe, and the most important in
Spain, being the area with the highest diversity and species abundance. It is home to four
threatened species at the international level (the Marbled Duck, the White-headed Duck, the
Adalbert's Eagle and the Audouin's Gull). It is a very important area for breeding, a crossing point
for birds from the whole Europe, and the main area of wintering for many species, one of them
being the Greylag Goose. More than 300 species can be watched from its birding stations. In
addition, there are very important coastal habitats such as diverse types of dune communities,
salt marshes and coastal lagoons.
 Odiel salt marshes
Essential area for habitats such as mud and sand flats, dunes or coastal lagoons. With more than
50 birds classified in Annex I of the Birds Directive, it is also important for terrestrial species such
as Thymus carnosus.
 Isla Cristina salt marshes
Group of salt marshes very influenced by the Atlantic tides. It is an important area for the
reproduction of Ardeidae and other wetland birds. It is also an important crossing point and
wintering area for waders, seagulls and terns. There are important coastal habitats such as salt
marshes, sand flats, estuaries or coastal lagoons.
44
 Piedras river salt marshes and El Rompido sandbar
Salt marshes and littoral sand area, good for wintering and a crossing point for species such as the
Common Spoonbill. It is also an important area for the reproduction, wintering and a crossing
point for lots of waders and other species of humid zones. Essential for the Spartina swards
habitat and for other priority habitats of Directive 92/43/CEE. Important as well for Thymus
carnosus.
 Domingo Rubio tideland
Important area for habitats of the Directive 92/43/CEE. It consists of a very interesting ecosystem
for the mixing of freshwater and saltwater, because of the association between the vegetation
adapted to the saline environment and the freshwater species. There are several aquatic species,
predominating waders, Anatidae, Rallidae and Ardeidae. Important as well for Thymus carnosus.
 Tinto y Odiel marine area
Marine extension close to the coast that surrounds the Tinto and Odiel salt marshes, associated to
an important colony of Little Tern, breeding in the area. All the coastal area is important as well
for the Common Scoter during the winter time.
 Gulf of Cadiz
Area to be outlined because of the important concentrations of Balearic Shearwater and Storm
Petrel during the autumn, as well as the Northern Gannet in autumn-winter and the Great Skua.
Audouin's Gull is also frequent in the area, especially in the winter time, when its nocturnal
activity is highlighting.
 Gulf of Cadiz mud volcanoes
Area with a huge diversity of reliefs and habitats due to the phenomenon of expulsions of gascharged fluids. Expulsions modify considerably the preexistent reliefs of the seabed (soft bottoms,
generally composed of non-consolidated sediments), generating new geoforms (composed of
rocky pieces coming both from inferior sedimentary levels and from carbonate precipitation
facilitated by the bacteria reactions when oxiding the methane in anaerobic environments). This
way, the precipitation of autigenic carbonates determines the presence of habitats of the
Directive 92/43/CEE such as the 1180 (Submarine structures made by leaking gases) and the 1170
(Reefs), with the presence of species as singular as Lophelia pertusa, Madrepora oculata or
Dendrophyllia cornigera.
2.3.2
Habitats
The pilot area presents a great biological diversity, comprising a wide range of habitats, mainly due to
its physical and geographical characteristics. Among the habitats strictly dependent on coastal and
transitional waters should be highlighted the following habitat types, listed in Annex I of Habitats
Directive.
45
Table 6: Habitats (2009/147/EC Directive).
1110
1140
1150
1160
1170
1180
8330
Sandbanks which are slightly covered by sea water all the time
Mudflats and sandflats not covered by seawater at low tide
* Coastal lagoons
Large shallow inlets and bays
Reefs
Submarine structures made by leaking gases
Submerged or partially submerged sea caves
* priority habitat
2.3.3
Species
The pilot area is a place of refuge and breeding for many bird species listed in Annex I of Directive
2009/147/EC, namely those presented in table 7.
Table 7: Bird species (2009/147/EC Directive).
Hydrobates pelagicus
Larus audouinii
Melanitta nigra
Morus bassanus
Puffinus mauretanicus
Stercorarius skua
Sterna albifrons
46
3
Pilot area uses and activities
3.1
Maritime transport
3.1.1
Shipping lanes/traffic
The maritime area at the South of the Iberian Peninsula is crossed by important and busy shipping
lanes going to and coming from the Mediterranean Basin and Africa, driving the traffic to North
Europe. Much of the global sea transportation of hydrocarbons and hazardous substances cross the
area daily. The risk of serious accidents is consistently high and, consequently, the risk of acute
marine pollution events.
The Strait of Gibraltar is a major arrival point, where an important navigation flux converges with a
great traffic intensity, part of which goes to the Port of Algeciras. Due to the intensive maritime
traffic, this area has two traffic separation schemes (TSS), one in Cape São Vicente, in Portugal and
another in Banco do Hoyo, in Spain.
In addition to Vessel Traffic Services (VTS), in the Spanish part of the pilot area are located two
maritime coordination and rescue centres, one in Huelva and other in Cadiz.
Figure 32: Maritime traffic in the pilot area.
47
Navigation can be conditioned by uses and activities that need of permanent infrastructures at the
sea surface or water column, such as hydrocarbons platforms, offshore wind farms and aquaculture
installations. These infrastructures constitute an obstacle for navigation therefore they should be
placed outside the shipping lanes, in order to avoid any type of interference among the activities and
to prevent risks originated by collisions.
Other uses and activities such as fishing and marine protected areas can also be affected by maritime
traffic, since an increase in the acoustic energy produced by vessels can influence the species
distribution. In the pilot area, international shipping lanes don’t interfere with the main fishing areas
nor with the SPA “Gulf of Cadiz” and the SCI “Gulf of Cadiz mud volcanoes”.
3.1.2
Cross-border ferries
The border in the pilot area is established by the Guadiana River. Until 1991, date of opening of the
Guadiana International Bridge, transportation of people and goods was assured by river crossing
ferries. Currently this transport continues to exist but without the same relevance as in the past.
3.1.3
Shipbuilding
Shipbuilding and repair take place in large, medium or small shipyards located at maritime ports or
river banks easily accessed from the sea. In the pilot area, the biggest shipyard is located at Huelva
Port and provides a wide range of services. In the remaining ports shipbuilding and repair providers
can be found, mainly associated to fishing and recreational boating. There may be opportunities for
the revitalization of the shipbuilding industry in Portugal if its strategic importance is proved and the
right investment incentives are provided (due to the large amount of capital needed).
3.1.4
Maritime safety
Regarding maritime safety, this area is one of the most regulated, due to the convergence of
activities interacting in the maritime space and with a high level risk. A great number of ships
crossing the pilot area daily carry oil or other hazardous substances.
Maritime surveillance is a priority for both countries as a consequence of the high level risk. First due
to the existence of two TSS, as a result of the intense maritime traffic, especially the large number of
oil tankers and ships carrying dangerous goods and high-density fishing. Secondly, existing Maritime
Rescue Coordination Centres in the area (one in Huelva and other in Cadiz), as well as monitoring and
control of maritime traffic, perform rescue tasks, prevention and control of pollution and information
to public authorities.
In case of accidents resulting on oil or dangerous substances spills, an early warning and immediate
application of measures are essential. Since currents and winds can move and scatter a spill far away
from its source and generate significant impacts to a wide maritime surface and a large part of the
48
shoreline (of particular importance for several species and habitats of the pilot area), it is necessary
to coordinate the emergency teams from both countries.
In the Gulf of Cadiz there is a critical area for cetaceans classified as a protected area for the
conservation of whales. The Portuguese marine waters of the pilot area are part of the “Particularly
Sensitive Sea Area” (PSSA) of Western Europe. This PSSA was designated by the IMO in 2004 due to
its special ecological, social, economic and cultural characteristics. To protect this PSSA, a System of
Compulsory Notification was provided for all oil tankers over 600 tons of weight that cross these
waters, in order to inform the type and amount of cargo they are carrying.
3.2
Fisheries
The importance of the fishing activity in the pilot area is remarkable. The main data of the Spanish
fleet fishing capacity in the pilot area is reflected in figure 33, being the main fishing ports Isla
Cristina, Punta Umbría and Bonanza.
The fleet fishing capacity for Algarve ports (Portugal) totalled 1420 vessels in 2013 (DirectorateGeneral for Natural Resources, Safety and Maritime Services, 2013). The main fishing ports in Algarve
are Albufeira, Faro, Fuzeta, Olhão, Portimão, Quarteira, Tavira and Vila Real de Santo António
(figureX.35).
This fleet operates in IX ICES, and taking in consideration the type of fishing gears, there are three
major groups: Multi-Purpose fleet, Trawl fleet and Purse Seine fleet. The majority of vessels - 1353
(95.3%) belongs to Multi-Purpose fleet, which utilizes predominantly static gear. Most of these
vessels are part of the segment of small-scale fisheries, in the case of units with an overall length
average of less than 7 meters and with a gross tonnage, and propulsion power averages of GT 2,8
and 28,7 kW respectively.
Figure 33: Number of vessels for type of fishing gear and main fishing ports (Spain) in 2012 (Census of
the Operational Fishing Fleet, Instituto Español de Oceanografía, 2012).
49
Figure 34: Number of vessels for type of fishing gear and main fishing ports in the Algarve in 2013
(Directorate-General for Natural Resources, Safety and Maritime Services, 2013).
3.2.1
Fisheries, fishing grounds and commercial fish stocks
Bottom trawl
In the Spanish region of Gulf of Cadiz there is a bottom trawl fleet composed of around 142 vessels of
medium size. The mean characteristics of this fleet are 19 m length, 32 GTR and 241 HP. This fleet is
concentrated on the coast of Huelva (Isla Cristina, Ayamonte and Punta Umbria) and on the coast of
Cadiz (Sanlúcar de Barrameda).
The trawl fleet catch a great diversity of species; about 70 commercial species are landed. The main
targeted species are Rose shrimp (Parapenaeus longirostris), Hake (Merluccius merluccius), Norway
lobster (Nephrops norvegicus) and Octopus (Octopus vulgaris). The total annual catches are over
7000 tons.
Of the species that are fished by the trawl fleet, only two of them are assessed within the ICES
working groups of experts (Hake and Norway Lobster), however many of them are caught in both
areas (Rose shrimp, octopus, cuttlefish, etc.), being typical shared stock.
This fishery is regulated by the Spanish legislation (RD 632/1993, BOE 118 May 1993), allowing the
fishing activity from 6 miles of coastline onwards. The fishing grounds have a high bathymetric range
(from 20 to 600 m), occupying an area of about 7300 km2. The main activity of the trawl fleet is
developed between the port of Sanlúcar de Barrameda and the mouth of the Guadiana River.
The inshore trawl fleet in Algarve is predominantly licensed for fishing crustaceans, being the main
species caught prawn, crayfish and shrimp. With the fish trawl catches Atlantic horse mackerel, blue
whiting, chub-mackerel, hake, pouting and axillary seabream.
50
In 2012, the nominal catches in Algarve ports was of 3 228 tons, which represent an overall of 15
million euros. In economic terms, the more representative nominal catches in economic terms are
the crustaceans with 947 tons that represent about 11.7 million euros (in INE/DGRM (2013),
Estatísticas da Pesca 2012).
Purse seine
A purse-seine fishery, mainly aimed at anchovy (Engraulis encrasicolus) due to its economic value,
and at sardine (Sardina pilchardus), is traditionally exploited in the Spanish waters of the Gulf of
Cadiz. Chub mackerel (Scomber colias) and horse mackerel species (Trachurus trachurus and T.
mediterraneus) stand out amongst the secondary species of the above fishery, although their catches
are seasonal and of a lesser relative importance in relation to the total landed catch.
The Spanish purse seine fleet operating in the Gulf of Cadiz is currently composed of 95 vessels (2012
data), with 78 vessels dedicated in a greater or lesser extent to the anchovy fishing. They use purseseine gears with a 14 mm mesh size (20-30 mm mesh size in the chub mackerel purse-seine gear),
fishing by night with lamps, auxiliary boat and echosounder/sonar. Chub mackerel purse-seine fishing
is usually carried out by day in coastal waters. Fishing grounds distribute all over the shelf mainly
between the Bay of Cadiz and the Portuguese border, from coastal waters (outside internal waters
and avoiding the Guadalquivir Fishing Reserve) up to those ones located at about 90-100 m depth.
The Spanish fishery shows a neat seasonality which depends on biological factors (resource
availability/accessibility, genetic and/or feeding migrations), technical measures (Fishery Plans and
closures) and market prices. The result is a sequential exploitation of the pelagic fish resources (i.e.,
anchovy fishing peaking in spring-early summer, chub mackerel in late spring-early autumn, and
sardine in mid-summer to mid-autumn).
Total annual landings have oscillated during recent history between 3440 (1997) and 25 465 (2011)
tones, with average annual landings of about 12 500 t. Cadiz port has accounted for 36% on average
of these total annual landings, followed by the ports of Punta Umbría (22%), Barbate (18%) and Isla
Cristina (14%). Landings in the ports of El Puerto de Santa María, Sanlúcar de Barrameda and Huelva
do not surpass 6%. As landed species are concerned, sardine is the most important species in terms
of annual landed biomass (51% on average), followed by the fishery’s target species, anchovy (32%),
and chub mackerel (9%), with the latter species showing an increase in landings in the last years.
In the last years, it was observed a relative decrease in fishing effort which was coupled to a relative
stable trend in the anchovy LPUE (at around 0.7 t/fishing day). A combination of fishing closures,
both in the beginning and in the end of the year, bad weather at the start and/or the end of the
fishing season, and the displacement of a part of the fleet to the Moroccan fishing grounds (under
the EC-Morocco Fishery Agreement) at the same time of the reopening of the Gulf of Cadiz fishery
(usually in February), may be the causes responsible for the observed decrease in the fishing effort
for the period 2008-2010. Since 2011 the EC-Morocco Fishery Agreement was not renewed and the
whole fleet was again fishing in the Gulf of Cadiz probably causing the increase in the effort observed
that year. The premature closure of the Gulf of Cadiz fishery in 2012 may be the responsible for the
lower total annual effort levels exerted in the fishery.
51
Geographical limits of the stocks of the main exploited species by this fishery extend beyond the pilot
area, including the waters (both Spanish and Portuguese) of the Iberian-Atlantic façade (anchovy,
horse-mackerel) or even extending to the Cantabrian Sea (sardine). Anchovy stock status in the ICES
statistical division IXa is unknown. Notwithstanding the above, the recent fishery in the pilot area
seems to have been sustainable and the direct estimates of the population biomass show no clear
long term trends, although the most recent population estimates suggest a stock somewhat below
the average in 2013. Since 2005-2006 on the sardine stock is annually experiencing total population
biomass levels and recruitment levels below the historical average which are coupled with a recent
increase in the fishing mortality.
In the Portuguese side this segment comprises some of the small fishing vessels which are also
usually licensed to other arts, however, traditionally siege vessels have an overall length exceeding
15 meters and fishing exclusively with purse seine gear. The main species caught by the seine fleet
(chub mackerel and European pilchard) represent over 30% of unloaded fish. Fishing with purse seine
gear is extremely important for the economy of the sector due to the capture of European pilchard
which is one of the species with the highest volume of discharges in auction. This species is closely
associated with traditions and Portuguese culture assuming great importance in the supply of fresh
fish market and has also been the support specie for the national canning industry.
Artisanal
The artisanal fishing grounds are mainly located near the coast, usually within 6 miles. This fishery is
mainly composed of gillnets and traps represented by about 300 boats in the Spanish side. Besides,
this fishery is of notably multi-gear and multi-species nature, with target species occurring
seasonally. The artisanal boats capture over 60 target species belonging fish, crustaceans and
molluscs groups. The most important species landed is the common octopus (Octopus vulgaris)
accounting for 31% of the total landings. This resource is caught by highly selective and speciesspecific traps (clay pots), locally named “alcatruces”. The remaining species are principally caught by
trammelnets and gillnets. Overall, the most representative species are the meagre (Argyrosomus
regius, 11% of the total landings), cuttlefish and wedge sole (Sepia officinalis and Dicologlosa
cuneata, both 8%), breams (Diplodus sp., 4%), soleids (Solea sp., 3%) and caramote prawn
(Melicertus kerathurus, 2%).
In addition, there are important fisheries represented by hydraulic dredges and artisanal dredges
targeting bivalves in shallow waters (5-15 m depth) between the Guadiana and Guadalquivir rivers.
The fleet of the hydraulic dredges is currently comprised of 97 boats landing exclusively striped venus
(Chamelea gallina). This species reports annually over 3500 tons on average and it is considered to
be the most important species landed by the demersal fishery in the Gulf of Cadiz. Regarding
artisanal dredges, about 30 boats perform such activity in the shallowest fringe of the area, targeting
the wedge shell (Donax trunculus). The most frequent conflicts of these fisheries are associated to
the spatial competition for resources, and particularly with the trawlers when the fishing activity
takes place 6 miles of coastline onwards.
Another shellfish activity in the area is targeted to the razor clams Solen marginatus and Ensis liliqua
by snorkel divers. This activity takes place in shallow sand grounds, located mainly between
Guadiana and Odiel rivers. Besides, there is a significant number of shellfishermen using dredges
52
adapted to Donax fishery in the intertidal zone from the mouth of the Guadalquivir to the Guadiana
Rivers. One of the major conflicts associated to these activities is the non-controlled or illegal
catches, especially in summertime coinciding with the seasonal peak of tourism.
Multi-Purpose fleet
In Portugal the multi-purpose (polyvalent) fleet includes mainly small fishing vessels and is the most
important segment in social terms, not only for motivating the settlement of populations along
coastlines as for its contribution for the local economy and maintaining socio-economic stability of
fishing communities. The small fishing vessels (length overall of less than 12 metres) operating in
oceanic waters and inland sea and inland maritime waters (estuaries and rias).
This fleet comprises vessels licensed simultaneously to various gears, especially the bottom longline
gears, gillnet, shelter and cage traps and dredges.
Traps
Vessels whose main gears are traps (cage and shelter) are also licensed for other arts, also belonging
to the multi-purpose fleet. The main specie caught is the octopus, followed by cuttlefish.
Gill and trammel nets
These are vessels that operate at ½ mile from the coast out (fishing spot) or 1 mile from the coast out
(inshore). The main species are hake, pouting, bream, seabream, axillary seabream, beardfish,
common cuttlefish, sole and monkfishes.
Dredges – “ganchorras”
Vessels licensed for ganchorra gear are mostly owned by small-scale fisheries, operating at more
than 300 meters from the shore out and depths greater than 2.5 m. The main species are
carpetshells, cockles, clams, striped venus, smooth callista and razors.
53
Figure 35: Main fisheries in the pilot area.
3.2.2
Processing industry of fishery products
The processing industry of fishery and aquaculture products is a pillar for the development of the
fishing cluster, influencing also other industrial, commercial and services sectors.
This industry is characterized by technological incorporation of new processes and equipment, and
by its great adaptation capacity to respond to market evolution and improve its competitiveness.
Since the increase of fishery catches is not foreseen in the short or medium term, one of the ways to
improve the economic performance of the fisheries sector is to add value to fishing products through
processing/transformation.
In the pilot area processing facilities of fishery and aquaculture products are located near the main
fishing ports, especially those who process fresh products.
3.3
Aquaculture
Aquaculture is an important alternative to traditional forms of fish supply, not on the expected
growth in production and fishing, given the state of most of the fish resources.
In the pilot area there are aquaculture establishments located on the coastline (land-based), outside
the areas of direct influence of the tides but close enough to the sea for abstraction of water. These
are stores for the cultivation of species with certain requirements in terms of salinity and water
temperature, which operate under intensive exploitation.
54
There are also floating establishments located in maritime space, consisting of floating cages, rafts or
long lines. Regarding floating establishments, the possibility of using technology in offshore,
particularly for the production of bivalve molluscs, will relieve some pressure from traditional
production areas.
Figure 36: Aquaculture establishments in the pilot area.
3.4
Marine biotechnology
Algae
The activity of algae harvesting is practiced in coastal areas, mainly by local fishing communities,
usually as a complementary activity of fishing and agriculture or other economic activities. In
economic terms, it represents an important contribution to the survival of households involved in
general populations emerging from financial difficulties and few employment alternatives.
The harvesting of algae in the pilot area is not an activity representative of the maritime economy.
Biotechnology
The bioprospecting and research of genetic resources are relatively recent activities, when compared
with other branches of marine science. They appear as a promising source of strong interest to other
areas of science and industry, particularly in the area of cosmetic, medically therapeutic, knowledge
of chemotaxonomy of marine organisms and ecofuell, among others.
55
Although Spain has a large tradition on marine biotechnology research (considered among the
world’s top-ten), motivated by the rich biodiversity of its seas, the potential use of the Spanish side
of the pilot area is unknown (agriculture, industrial products and processes, energy or health).
3.5
Laying pipelines and cables
As described in section 2.2.3, cables are associated to energy transport and telecommunications and
the existing pipelines are related to gas exploitation and petroleum products transportation at
Huelva Petroleum Terminal.
Submarine cables are mostly concentrated in the Spanish side, where there are some land
connection infrastructures (e.g. Sanlúncar de Barrameda), and the convergence of submarine cables
coming from the Mediterranean Sea. On the Portuguese side of the pilot area there are no
submarine cable land connections. Furthermore the existing pipelines for gas exploitation and
petroleum products transportation only occur in the Spanish side. This cables and pipelines are
mostly placed on the seabed, but can also be buried near the coast. Uses and activities such as
bottom trawling can conflict with cables and pipelines, since both the net and the weights on the
lower edge of the net can damage them and in extreme cases break them.
Other uses and activities such as sandbanks dredging, discharges of dredged materials and cultural
heritage protection can be compatible with cables and pipelines activities if the adequate measures
are taken.
3.6
Exploitation of non-living natural marine resources
3.6.1
Oil and gas industry
Hydrocarbons prospecting and exploration started in the 70’s. In the last years, the companies in this
sector have shown a growing interest in the pilot area’s potential gas, through the application for
prospecting licenses, which have resulted in the temporary occupation of the seabed for the
acquisition and execution of geophysical studies.
In the pilot area, the exploitation of natural gas is carried out only in the Spanish maritime zone, in a
concession area located in the Gulf of Cadiz, which includes two deposits: Poseidon North and
Poseidon South, from which gas is extracted by three submarine wells. The annual production is
presented in table 8.
Exploitation of these deposits has started in 1997 and after 10 years the use of the field for gas
storage was proposed, once the field was exhausted. Between the years 2007 and 2009, the fields
were inactive. After new prospection in which important reserves were discovered, exploitation has
restarted in 2009 but with a production well below the maximum values obtained in 2002. The most
recent data available are from 2011, with a production of 41.156 Nm3. The validity of this concession
expires in 2025.
56
Table 8: Gas exploitation in Poseidon wells.
Year
Thousand Nm3
1997
86,322
1998
40,147
1999
57,539
2000
89,859
2001
492,551
2002
503,713
2003
177,933
2004
316,477
2005
140,775
2006
44,341
2007
38
2008
0
2009
8
2010
48,443
2011
41,156
Total (accumulated)
2,039,302
Close to the pilot area, in Spanish territory, two current prospecting licenses exist until 2016, called
Horquilla and Calderín that, although being mostly on land also include a small area of sea.
In Portugal there are two concession areas authorized in 2011 for prospecting and exploration
(Lagosta and Langostim), another two are being negotiated and two others with preliminary
evaluation licenses (Licences 5 and 6).
The main interest of the hydrocarbon companies is focused on the Portuguese side of the pilot area
since the existing negotiation of new potential fields. However, in Spain the process is in a more
advanced phase (exploitation), but there aren’t new research and prospecting concessions in the
marine area.
Generally, the submarine installations required to carry out the resource exploitation can coexist
with fishing, navigation, offshore wind farms and other activities taking place in the sea. These are
small installations not occupying much surface area (less than 1 km2).
Concerning the installations at the surface (platforms), they produce a negative impact on
navigation, since they represent an obstacle to circulation. Also, if visualized from the coast, they can
cause social rejection and therefore decrease the touristic value of this stretch of the coast.
The research and prospecting phase of hydrocarbons exploration authorizations may have associated
seismic studies for a better knowledge of the marine bottom structure. Bathymetry and seismicity
studies may use compressed air or ultrasound pulses of different frequencies, posing temporary
pressures which duration will depend on factors such as the extension of the area to be covered, the
level of detail of the study, etc.. Similarly, during the drilling exploratory phase (the drilling itself,
ships/helicopters, etc.) and the exploitation phase (pumping), noise and vibrations can occur,
57
potentially interfering with existent habitats and species, as well as with the fishing in the pilot area.
Figure 37: Oil and gas exploitation concession areas.
3.6.2
Sand and gravel extraction and mining
In the Portuguese side of the pilot area were identified two zones (Albufeira and Quarteira) where
there is prospecting of sand, gravel and other aggregates of marine seabed and subsoil of the
territorial sea and continental shelf. For the Spanish side, see section 3.10.1
Studies are being carried out for the characterization of existing mineral deposits and their economic
value. This research includes geophysical, hydrographic and environmental studies using for example
echo probe and multiband sonar. These areas may provide material for beach nourishment.
Generally, this type of activity affects the seabed natural resources but can coexist with fishing,
navigation, offshore wind farms and other activities taking place in the sea.
58
Figure 38: Sand and gravel extraction areas.
3.7
Dumping
Dumping of dredged sediments resulting from dredging maintenance of ports in marine areas is
allowed only when all alternatives for reuse are ruled out and when concentrations of certain
pollutants do not exceed established limits. This activity requires authorization from the competent
authorities and should be performed in areas previously defined for this purpose.
Although the main destination of dredged sediments is the sea, the ratification of international
conventions and increased environmental awareness has led to an increasing reuse of these
materials, mainly for the artificial nourishment of beaches.
Five dumping sites have been defined in the Spanish maritime space of the pilot area to receive
dredged sediments from 7 Spanish ports. The sediments discharge is performed at defined depths
and distances from the coast, in order to minimize impacts on benthic communities through the
natural dispersion of suspended solids.
The ports discharging in each one of these points, their depth and distance to the coast are
presented in table 9.
59
Table 9: Dumping sites characteristics.
Dumping site
Huelva/Punta Umbría/El Terrón
Ayamonte (La Moharra)
Isla Cristina
Sevilla
Chipiona
Depth (m)
-42
-18
-46
-15
-18
Distance to the coast (km)
17
7,5
11,3
5,3
10,8
Figure 39: Location of the dredged material disposal sites.
Dumping of dredged sediments can affect other uses or activities related to the seabed, such as
nature conservation features, archaeological heritage or even cable and pipelines. The above
mentioned dumping sites are not overlapping with incompatible uses areas such as special
protection benthic habitats or archaeological sites, but are located in areas where the fishing activity
is also carried out and therefore it may temporally increase suspended matter in the water column.
Since the dredged material disposal is usually not occurring during the touristic periods, the dredging
activity will not interfere with recreational uses carried out at the coast.
Although the current trend is to reduce the dredged material disposal in the sea, it is worth
mentioning that the selection of new dumping sites must be done following criteria of minimum
effect on other uses and activities.
In dumping context it is also important to highlight that according to OSPAR Commission, after I and
II World Wars, large quantities of munitions were dumped in the OSPAR maritime zone, as at the
time it seemed the most safety way of disposing them. The information and quantities of dumped
60
munitions, the location and condition is not very precise. Available data is usually related with the
location of the finding (entangled in fishing nets or arrived to the coast) and not with the current
locations of the munitions on the seabed.
3.8
Military activities
By its very nature, activities related to national defence may occur in the entire national territory,
including terrestrial areas and maritime space up to the limit of EEZ. Therefore, the great majority of
the Portuguese maritime space along Algarve coast is an area that may be used for military exercises.
This pilot area plays a crucial role, providing presence to all military services and allies in the nearby
of the Strait of Gibraltar. So, in this area, operate Spanish, Portuguese and USA Naval Forces
providing airfield and port facilities, security, force protection, logistical support, administrative
support and emergency services to allies of NATO forces.
3.9
Carbon capture and storage (CCS)
The capture and storage of carbon dioxide (CO2) process consists in separating CO2 emitted by
industry, energy or transports and delivering it to a storage place isolated from the atmosphere at
the large scale. In this way, atmospheric concentrations of this greenhouse gas are expected to
decrease, and therefore to mitigate climate change. Several storage options are available;
alternatives worth mentioning are the storage in geological formations, such as oil and gas fields,
mines that are not in use coal beds and deep saline formations.
There is a reserve storage in the pilot area called “Almacén 10”. In front of Huelva’s coast, with a
surface up to 826 km2, it encloses 2.700 mining graticular blocks, according to the Resolution of 4 th
March 2008, of the Directorate General of Energy and Mining Policy, which was registered as a
provisional storage proposal (BOE number 81). This activity has not been started yet and is not
foreseeable to be developed in the short-term.
61
Figure 40: Carbon capture storage reserved area.
A specific study should be carried out evaluating the seismic risks of CO2 storage in the Gulf of Cadiz
and the potential transboundary effects if the activity is initiated.
Local interferences with other uses and activities may occur during the construction and exploitation
phase, associated with the transport pipelines connecting the catchment with the injection points,
being therefore similar to those related to hydrocarbons gas pipelines (see 5.4.5).
3.10
Recreational activities
Tourism is a relevant activity in the pilot area, not only due to its current importance but also due to
its development potential in the short term. Both countries have pointed out tourism within a
sustainable basis at their regional and/or local strategies.
3.10.1 Beaches and bathing sites
Sandy beaches are one of the most important tourism attractions in the pilot area, alongside with its
Mediterranean climate and the length and quality of its coastal stretches and landscapes.
Most important sandy beaches are Monte Gordo, Tavira, Vilamoura and Albufeira on the Portuguese
coast and Isla Canela, Isla Antilla, Mazagon – Castilla and Matalascañas on the Spanish coast. There
is a high national and international demand, as these beaches are a popular touristic attraction and
one of the main factors for the social and economic development in the region.
62
Table 10: Beaches and bathing sites in the pilot area.
Portugal
Spain
Total
Number of beaches
106
41
147
Length of beaches (km)
101
126
227
Number of bathing sites
79
40
119
Length bathing sites (km)
80
76
156
Number of monitoring points
79
63
142
Number of Blue Flag beaches
50
14
64
Number of nourished beaches
2
8
10
Figure 41: Beaches extension in the pilot area.
Despite its great scenic and environmental value, several beaches are threatened by coastal erosion
(mainly in the Spanish side). This issue has driven the local authorities to seek solutions and to
develop a diagnosis of the current situation, control of urban occupation near coastal areas and
search for local sources of materials to reduce the deficit in supply of sediments.
In order to compensate the sand shortage, 2 Portuguese beaches have been repeatedly nourished
mostly with sand of marine origin. In the Spanish side of the pilot area there are nowadays no
sandbanks large enough to fulfil the above-mentioned sand shortage. For this reason nourishments
are being made with non-contaminated dredged material from ports, especially material from the
port of Huelva and its entrance channel. Portuguese beach nourishment is being made with sand
63
from extraction zone identified in section 3.6.2.
Figure 42: Bathing sites in the pilot area.
The bathing waters are annually identified and monitored in accordance with the Directive
2006/7/CE, and constitute the relevant bathing sites in the pilot area.
In the Spanish side there are some beaches, such as Doñana (27,5 km), that are not bathing sites,
since they are part of a Protected area. Due to this fact only 60% of the Spanish beaches in the pilot
area are bathing sites.
The Blue Flag is a quality guarantee which is annually given to beaches and recreational ports that
incorporates a set of criteria related to environment, security, users’ comfort, information or
environmental awareness.
In 2013, 34% of the Spanish beaches in the pilot area and 47% of the Portuguese beaches were
awarded with Blue Flag, thanks to their high quality standards.
The bathing activity is conditioned by other activities that may pollute the bathing waters, either
land-based or developed at sea.
As a significant share of the touristic attraction existent in the pilot area depends on the bathing sites
quality, maintenance and improvements must be regularly provided to these areas.
64
3.10.2 Nautical activities
The new touristic offer, such as sports and nature tourism, takes into account the existing resources.
Within this issue, ports and harbours have a key role, which shall be enhanced considering coastal
protection, landscape, scenic and natural resources of the region (namely protected areas).
Furthermore, there is set of activities which offer a wide range of services related to the sea, such as
boat renting (with or without crew), underwater circuits and fishing. Other attractive touristic values
are surfing spots, more significant in the Portuguese coast, regattas and recreational boating.
Marinas
In the pilot area there is a great number of recreational boating support infrastructures along the
coast, namely 7 marinas in Portugal and 11 marinas in Spain, which together comprise more than
8.000 mooring spaces. Most of these infrastructures provide a wide range of supporting services.
Table 11: Marinas in the pilot area.
Portugal
Marina
Marina de Portimão
Marina de Albufeira
Marina de Vilamoura
Doca de Recreio de Faro
Porto de Recreio de Olhão
Porto de Recreio de Tavira
Porto de Recreio do Guadiana
Total
Spain
Moorings
620
475
953
501
320
70
360
3299
65
Marina
Ayamonte
Marina Isla Canela
Isla Cristina
Club Naútico de El Terrón
Marina el Rompido
Marina de Nuevo Portil
Huelva
Punta Umbría
Mazagón
Chipiona
Rota
Total
Moorings
317
231
204
134
331
395
500
998
835
453
508
4906
Figure 43: Location of marinas in the pilot area.
In 2013, 8 Spanish and 3 Portuguese marinas had Blue Flag.
Surf and regatta areas
Given the surf’s great acceptance, different categories of this sport have been appearing, according
with the way it is practiced, technique employed, type/size of waves and type of boards used. When
practicing surf, the difficulty varies according to the size, speed and shape of the waves. The most
adequate waves are those creating a sort of wall when breaking, and whose foam arises towards the
right or the left progressively.
The surfing activity is concentrated on the coastal areas where waves of an adequate size, speed and
shape generate. The practice of surf is more frequent in the Portuguese side of the pilot area. In the
Spanish side, surfing activity concentrates in Cadiz province, where wind conditions allow the
practice of this sport in several beaches of the province. In fact, the municipality of Tarifa, in Cadiz
province, is considered the Spanish surf cradle. Most of the competitions and events, both at the
national and the international level, take place there. However, within the beaches of the pilot area,
there are only 4 places where surf is practiced, none of them considered a “top-ten” beach.
66
Figure 44: Location of surf beaches in the pilot area.
Regarding the Portuguese side, Faro Island is one of the nicest places to surf on the south coast of
Algarve.
Since most beaches where surf is practiced are also bathing sites there is a competition of space
between surfers and swimmers. This competition of space may also occur with other nautical sports.
Surf may be particularly sensitive to works on the shoreline that may substantially change the beach
profile.
Sailing is a major nautical activity in the maritime space being mainly associated with places with
good conditions and access to the sea and infrastructures support. There are several regatta sites
defined in the pilot area but there is neither a specific area to celebrate these events nor fixed dates,
so the information compiled in the following map just contemplates the places where regattas have
taken place in the past and therefore could take place in the future.
The conflicts that may exist between regattas and other uses or activities are similar to those already
described for other types of navigation, with the exception that regattas are temporally and spatially
very restricted.
67
Figure 45: Location of regatta sites in the pilot area.
Recreational fishing
Recreational fishing is fishing for pleasure or sport, whose captures are destined exclusively to the
fisherman consume. There are different types of recreational fishing: on the surface (from the coast
of from a boat) or underwater fishing (Spearfishing).
Recreational fishing has grown considerably in the last years, due to the development of the touristic
sector, which is supporting the increase of boats destined to non-professional fishing, and the
practice of selective fishing by diving on free lung.
There are no data to identify the areas where this activity is concentrated, so the number of licences
given in the Andalusia provinces has been taken to characterize the Spanish side. Two issues should
be taken into account:

The license is not limiting the fishing practice to the province where it has been given, but
since fishermen usually don’t move far away to practice their hobby, the number of licenses
is considered an adequate indicator to represent objectively this practice.

The number of licenses in Cadiz is available for the whole province and so it’s not possible to
separate the number of licenses from the area of Cadiz that belongs to the pilot area.
According to the Andalusia normative, there are 4 types of licenses: on foot, from a boat, underwater
fishing and collective fishing. The evolution of the licenses in the last years is shown in the figure 46,
being noted that fishing from the coast seems to be the most important type, followed by the fishing
from boats and, finally, the underwater fishing.
68
Figure 46: Evolution of recreational fishing licenses in West-Andalusia (Spain).
In the case of the south coast of Portugal and based on the aerial surveys, a mean ± s.e. total fishing
effort of 705 236 ± 32 765 angler h year−1 was estimated, with an average time spent per fishing trip
of 4.7 h. The main fishing grounds in the Algarve were coastal areas nearby river mouths and pears
and fishing intensity was higher in the autumn and summer months. A total of 48 species, belonging
to 22 families, were recorded in roving creel surveys, including seabreams, seabasses and bluefish.
The most important species was the white-head seabream, Diplodus sargus, accounting for 44% of
the total catches by number and 48% by mass. Estimated mean ± s.e. total annual recreational shore
fishing catch was 160.2 ± 12.6 t year−1, of which 147.4 ± 11.9 t year−1 was retained. Although overall
shore-based recreational catches only corresponded to 0.8% of the commercial landings, D. sargus
catches by recreational shore anglers were considerable, corresponding to 65% of the commercial
landings (Veiga et al, 2010).
3.10.3 Tourism infrastructures
The pilot area has a wide range of accommodation from camping to luxury hotels or country lodges.
Given the big variety of accommodations and the dispersion of the data sources, in order to illustrate
the most touristic areas on the coast the number of beds in hotels and apartments has been
compiled from the coastal municipalities of the pilot area (figure 47).
The touristic accommodation capacity is higher at coastal municipalities such as Albufeira, Loulé and
Portimão in Portugal; and Punta Umbria, Ayamonte and Isla Cristina in Spain.
69
Figure 47: Number of beds in hotels and tourist apartments.
3.11
Power generation
In the pilot area there are no wind or wave energy conversion devices. In comparison with the
Atlantic coast, the resources in the southern part of the Iberian Peninsula can be considered as
having a much lower energy potential. Nevertheless, the conversion of these resources may be a
factor for future development, since it may lead to a decrease in oil and other fossil fuels imports,
and thus a reduction of external energy dependence.
In 2009 Spain approved the “Strategic study for the installation of wind farms in the Spanish coast”.
This study establishes areas for the installation of wind farms in the nearest strip to the coast,
distinguishing among “suitable zones”, “conditioned zones” (where certain studies are needed) and
“exclusion zones”. Different factors were taken into consideration in this ‘zoning’, such as the nature
of the sea bottom, fishing and shellfish collection activities, existing concessions in the maritimeterrestrial public domain, biodiversity and protected areas, cultural heritage, landscape and
navigation security. In the pilot area, this strip has a medium width of 40 meters and a surface of
5500 km2. In this area were identified suitable zones (156,21 km2), Conditioned zones (4295,64 km2)
and exclusion zones (1050,45 km2).
70
Figure 48: Wind Offshore Zones in the pilot area.
3.12
Ports and Places of Refuge
3.12.1 Ports
In the pilot area there are 25 port areas (11 in Portugal and 14 in Spain) that support commercial
activity, fishing, recreation and sport, and in some cases military activities (table 12):
Table 12: List of existing ports and their main uses.
Portugal
Port name
Portimão
Albufeira
Vilamoura
Quarteira
Faro
Olhão
Fuzeta
Tavira
Sta. Luzia
Cabanas de Tavira
Vila Real de Sto. António
Spain
M
x
x
C
x
x
x
x
x
x
F
x
x
x
x
x
x
x
x
x
x
R
x
x
x
x
x
x
x
Port name
Ayamonte
Isla Canela
Isla Cristina
El Terrón
El Rompido
Nuevo Portil
Huelva
Punta Umbría
Mazagón
Bonanza
Chipiona
Rota
E. N. Puntales
Arsenal de la Carraca
M
F
x
x
x
x
x
x
x
x
x
x
x
x
x
M - Military activities; C - Commercial; F -Fisheries; R - Recreation and Sports
71
C
x
R
x
x
x
x
x
x
x
x
x
x
x
In Portugal the network of national port infrastructures comprises commercial, fishing and
recreational boating ports. In Algarve’s port infrastructures different types of activities occur, such as
trade, fishing, tourism, recreational boating and shipbuilding/repair. Commercial activity is
developed only in two Ports, Faro and Portimão; however they have a relative low importance when
compared with other national commercial ports located in the west coast.
In commercial terms, bulk transportation is the main focus of Faro Port while in Portimão Port
fractional cargo is the most frequent. Located in the final stretch of Arade river, the central activities
of Portimão Port are ocean cruises and goods transportation. The port has also infrastructures to
support fishing, recreational boating (especially Portimão marina), maritime tourism activities and
shipbuilding and repair. Also, there is a mooring infrastructure of the Portuguese Navy.
The jurisdiction area of Faro Port is south of the city, in the riparian zone of Ria Formosa. In addition
to commercial activity the port is also used for fishing and recreational boating activities as well as
for regular routes of transport between Faro and its islands (Faro, Deserta and Farol).
The port of Huelva is a modern and competitive industrial port complex. Its huge extension, of 1.700
hectares, constitutes an important factor to undertake projects and to bring wealth and employment
to the region. To the advantage of its location must be added the closeness to the Gibraltar Strait, in
the “around the world” line in the merchandise traffic, as well as in the north-south axis (EuropeAfrica and Europe-America).
As an industrial and energy infrastructure, port of Huelva occupies an outstanding position among
the 28 Spanish general interest port authorities, due to its capacity in liquid bulks movement, such as
crude, other oil products and natural gas. This has allowed the port to achieve great growing levels
since 2010.
According to the Port of Huelva 2012 Annual Report the Port has increased 7% (while the average
growth for the Spanish ports is only 4%). Considering the traffic of bulks, solid and liquid, it occupies
the 7th place among all Spanish ports.
Table 13: Port of Huelva development.
2008
Merchandise traffic
(106 tons)
Merchant ships
(106 ship tonnage units)
2009
2010
2011
2012
Variation 2011-2012
20,73 17,53 22,18
26,59
28,51
7,22%
22,46 19,36 24,03
28,62
31,41
9,73%
Moreover, since 2011 the Port of Huelva has a passenger traffic line to Canary Islands, transporting
more than 30 thousand passengers, which has helped to boost tourism in the area.
Also in the Spanish side there are 11 local ports, directly or indirectly managed by the Andalusia
Government. In the same line, the 2014-2020 Ports of Andalusia Master Plan has recently been
approved, with the objective of enhancing the ports’ role in the economic growth of the region.
72
3.12.2 Places of Refuge
This topic is regulated at the European Union level by Directive 2002/59/EC establishing a
Community vessel traffic monitoring and information system. In article 20, this Directive establishes
that Member States, having consulted the parties concerned, shall draw up, taking into account
relevant guidelines by IMO (Resolution A.949(23)), plans to accommodate, in the waters under their
jurisdiction, ships in distress. Such plans shall contain the necessary arrangements and procedures
taking into account operational and environmental constraints, to ensure that ships in distress may
immediately go to a place of refuge subject to authorization by the competent authority. Where the
Member State considers it necessary and feasible, the plans must contain arrangements for the
provision of adequate means and facilities for assistance, rescue and pollution response. In article 3,
a place of refuge is defined as a port, the part of a port, another protective berth or anchorage or any
other sheltered area identified by a Member State for accommodating ships in distress.
The 23th April 2009, Directive 2009/17/EC was approved, amending the above mentioned Directive
and some aspects related to the plans for accommodating ships in need of assistance are redefined.
This Directive establishes that plans must describe accurately the decision-making chain and compile
information about the potential places of refuge in the coast, in order to ensure that an appropriate
decision can be taken quickly on the basis of specific maritime expertise and adequate information
available to the competent authority.
For Spain, and in accordance with what has been stated by the previously mentioned Directives, an
adaptation of the Spanish legislation has been carried out by the approval of the “Real Decreto
210/2004” that mandates that the Maritime Administration will elaborate the plans for
accommodating, in waters under its jurisdiction, ships in need of assistance. Afterwards, a
modification was carried out by the “Real Decreto 1593/2010”, which transposes the Directive of
2009 and establishes in article 21 that Plans for accommodating ships in need of assistance will
include, among other aspects, information about the Spanish coast and all the elements allowing to
do a first assessment and a quick decision-making in relation to the place of refuge for a ship,
including environmental, economic and social factors, as well as the natural conditions.
While the European Directive excludes the shipping, traditional and recreational vessels under 45
meters length from the plans’ scope of applicability, the Spanish legislation includes them, so it is
applied to any vessel, length and tonnage independent.
In order to have all the information required by the Spanish normative for the decision-making in
cases of ships in need of assistance, the Directorate General of the Merchant Shipping has a web
application (PRISMA) that includes an inventory of all the potential places of refuge in the Spanish
coast (more than 1.100 places), and allows to consult all the information related to each of them.
Both the inventory and the tool have restricted use for the Maritime Authority and include ports,
anchorages, bays and all those places that can provide refuge conditions.
Therefore, in the Spanish side of the pilot area there are potential places of refuge, and the decision
about their use corresponds to the Maritime Authority that will do a case-by-case evaluation.
On the other hand Portugal is preparing its National Plan for the reception of vessels in distress,
defining rules and procedures to ensure that vessels in distress in waters under national jurisdiction
may be directed immediately to a place of refuge (subject to authorization by the competent
73
authority and taking into account operational and environmental constraints).
3.13
Marine Scientific Research
There are several scientific bodies developing their research in the pilot area, as listed in the next
table.
Table 14: Scientific bodies in the pilot area.
Institution
Abb.
University of Algarve
Universidade do Algarve
Portuguese Sea and Atmosphere Institute
Instituto Português do Mar e da Atmosfera
Centre for Marine and Environmental Research
Centro de Investigação Marinha e Ambiental
Centre of Marine Sciences
Centro de Ciências do Mar
Institute for Managing the Architectural and Archaeological
Heritage
UAlg
www.ualg.pt
IPMA
www.ipma.pt
CIMA
www.cima.ualg.pt
CCMAR
www.ccmar.ualg.pt
IGESPAR
http://www.igespar.pt/en/pa
trimonio/arqueologianautica
esubaquatica/
IH
http://www.hidrografico.pt/
APA, IP
http://www.apambiente.pt/i
ndex.php
EMEPC
http://www.emepc.pt/index.
php
Instituto de Gestão do Património Arquitetónico e Arqueológico
Portuguese Hydrographic Institute
Instituto Hidrográfico
Portuguese Environment Agency
Agência Portuguesa do Ambiente
Task Group for the Extension of the Portuguese Continental Shelf
Estrutura de Missão para a Extensão da Plataforma Continental
University of Lisbon
Universidade de Lisboa
Portuguese Society for the Study of Birds
Sociedade Portuguesa para o Estudo das Aves
Algarvian Centre for Innovation
Centro Regional para a Inovação do Algarve
University of Seville
Universidad de Sevilla
University of Cadiz
Universidad de Cádiz
University of Huelva
Universidad de Huelva
University Pablo de Olavide
Universidad Pablo de Olavide
74
Web Page
UL
http://www.ulisboa.pt/
SPEA
http://www.spea.pt/pt/
CRIA
http://www.cria.pt/cria/PT/
US
www.us.es
UCA
www.uca.es
UHU
www.uhu.es
UPO
www.upo.es
Institution
Abb.
Spanish Institute of Oceanography. Oceanographic Center of Cadiz
Instituto Español de Oceanografía. Centro Oceanográfico de Cádiz.
Hydrographic Institute of the Navy
Instituto Hidrográfico de la Marina
Spanish Navy Observatory
Real Observatorio de la Marina
Institute of Marine Sciences of Andalucia-CSIC
Instituto de Ciencias Marinas de Andalucia-CSIC
Andalusian Centre for Marine Science and Technology
Centro Andaluz de Ciencia y Tecnología Marinas
Andalusian Aquaculture Technology Centre
Centro Tecnológico de Acuicultura de Andalucía
IEO
www.ieo.es
IHM
www.armada.mde.es/ihm
ROA
www.armada.mde.es/roa
ICMCSIC
www.icman.csic.es
CACYTM
AR
www.uca.es/cacytmar/
CTAQUA
www.ctaqua.es/
Andalusian Institute of Agricultural and Fisheries Research and
Training. El Puerto de Santa María (Cadiz).
Instituto Andaluz de Investigación y Formación Agraria, Pesquera,
Alimentaria y de la Producción Ecológica. Centro El Toruño. El Puerto
de Santa María (Cádiz).
IFAPA
www.juntadeandalucia.es/ag
riculturaypesca/ifapa/web
IFAPA
www.juntadeandalucia.es/ag
riculturaypesca/ifapa/web
CAS
www.iaph.es/web/canales/eli
nstituto/elinstituto/sedes/se
de-arqueologia/index.html
EDB
www.ebd.csic.es/
Andalusian Institute of Agricultural and Fisheries Research and
Training. Agua del Pino Center. Cartaya (Huelva)
Instituto Andaluz de Investigación y Formación Agraria, Pesquera,
Alimentaria y de la Producción Ecológica. Centro Agua del Pino.
Cartaya (Huelva).
Andalusian Historical Heritage Institute. Underwater Archaeology
Centre
Instituto Andaluz del Patrimonio Histórico. Centro de Arqueología
Subacuática.
Doñana Biological Station- CSIC.
Estación Biológica de Doñana-CSIC.
Centre for Public Work Studies and Experimentation
Centro de Estudios y Experimentación de Obras Públicas
3.14
Web Page
CEDEX
www.cedex.es
Wrecks and other historic features
In the pilot area of the Gulf of Cadiz are documented over a thousand shipwrecks, given the richness
of Spanish and Portuguese history. Some of them, may affect navigation, and are included in the
nautical charts. However, other wrecks and other historic features, even with an historical and
enormous value, and are not included in the nautical charts.
In section 2.1.3 (underwater archaeology) the Shipwreck inventory in the pilot area was presented as
well as those classified as underwater archaeological sites, that can be visited and provide
underwater activities. Since they are “artificially introduced” on the seabed, they are recolonized by
fauna and flora, as if they were artificial reefs. In such cases these wrecks have a great attractiveness
for recreational activities.
75
The traces of shipwrecks in Algarve coast are itineraries or sites of historical and archaeological
importance, situated at small, medium and large (≥ 40m) depths.
The most relevant itinerary of underwater archaeology “Faro A” is found around 20 m depth and
consists of debris from a shipwreck, scattered around a main core that takes the form of an oblong
tumulus rising from its sandy grounds. This tumulus is about 28 m long and 6 m wide, and consists of
a mass of ferruginous concretions over which there are several cannons of iron, apparently from the
seventeenth century. The dating of these remains suggest that “Faro A” wreck may correspond to
one of the ships of the Anglo-Dutch squadron attacked near the Algarve coast by the French
squadron commanded by Admiral Tourville, in 1693, when many ships were sunk.
There is also a very well know archaeological site used by scuba diving companies to promote
ecotourism, the “Bombardeiro” site. This site consists of remains from a North American B52 that
crashed offshore the Cape Santa Maria (Faro) during the Second World War. It is found around 20m
depth and it was an object of study by the University of Algarve that in cooperation with the diving
companies implemented a system of underwater routes for environmental education purposes.
Finally one of the most important underwater treasures found during the present century, the
Spanish frigate “Nuestra Señora de las Mercedes” (XIX century) was recovered offshore the coast of
the Algarve. This wreck was discovered and recovered by a US company and was subject to a long
and complex legal dispute between the Spanish government and the private US company that ended
with the transference of the treasure to the Spanish authorities.
3.15
Other uses
3.15.1 Seawater abstraction
Coastal water abstraction can be done for desalination purposes, salt production, refrigeration, etc..
In some cases, not all the extracted water is returned to the sea, and generally, the returned water is
somewhat changed in its biological and physic-chemical composition. Water abstraction leads to
minimum variations on the hydrological balance. No information about the location of catchment
points is available in the pilot area, although it is worth mentioning that desalination is not a relevant
activity in this area, but generally most of the seawater catchments are associated to industries.
Therefore, since most of the industries are located in Huelva and Formosa lagoons, it is expected that
seawater abstraction may take place in these locations.
3.15.2 Water rejection
As referred on section 2.2.6 there are urban and industrial wastewater discharges in the pilot area.
These discharges can occur in tributary rivers or directly into the sea by outfall tunnels. Municipal
wastewater effluent is only discharged after being properly treated.
76
3.15.3 Salt pans
Due to the geographical and physical characteristics of the pilot area there are a number of salt pans
with great development in the region. Despite not being located at sea the salt pans exist in its strict
dependence. The majority of artisanal salt plant is located in Ria Formosa lagoon, Bay of Cadiz and
the coastal area of Huelva. Many of them are no longer active, after crisis of the sector, therefore the
current activity of salt pans in the pilot area is very small.
Some of the artisanal saltpans continue to be functional and offer guided visits, such as “Salinas de
Isla Cristina Flor de Sal”, located in Isla Cristina marsh, and others such as “Salinas artesanales de
Bacutas” in Odiel marsh, that have suffered a renovation project. There are also artisanal saltpans
such as “Salinas industriales Aragonesas” in Odiel marsh.
3.15.4 Noise
Underwater noise sources can have either a natural character, such as sounds due to the wind,
waves, mammals’ vocalizations, fishes or certain crustaceans, submarine eruptions, or an artificial
character (OSPAR, 2009). Certain anthropogenic sources of noise that take place in the pilot area are
temporary, such as the installation of cables and pipelines, seismic studies in the hydrocarbons
exploration licenses research phases, hydrocarbons wells drilling, dredged material disposal, sand
extraction, construction of ports and coastal infrastructures, etc. Others continue over time, such as
the maritime traffic in the surroundings of ports and along the shipping lanes.
3.15.5 Marine litter
Activities that introduce litter into the marine environment can take place both in the sea, such as
navigation or fishing, or in the coastal area, such as beach tourism.
Marine litter (plastics and other manufactured objects) can produce important impacts on the
marine environment, especially on certain species such as mammals, birds, turtles or fishes, by its
ingestion or entanglement. Wind or currents can transport litter over long distances from its sources
and it can be found at the surface, in the water-column or on the seabed.
The diverse typology of marine litter, as well as the lack of information regarding its location, makes
it very difficult to identify those areas with more concentration of marine litter, where conflicts with
other uses or exploitations may happen, therefore affecting the maritime spatial planning in the pilot
area.
The areas with the highest potential to be affected by land-based litter are those close to the coast,
where population, tourism, ports, garbage dumps or river mouths concentrate.
Regarding the marine-origin litter, the density of both the fishing vessels and the merchant ships can
be also taken into account.
Taking into account the potential effect of litter, the SPA Gulf of Cadiz is very close to be considered
an “high potential area”.
77
4.
Governance framework
4.1
Bilateral relations between Portugal and Spain
The Treaty of limits between Portugal and Spain was signed in September 1864, demarcating only a
part of the border (from Elvas towards the North). The remaining stretch, down to the mouth of
Guadiana River, was defined by a new treaty signed in 1926.
The Convention on cooperation for the protection and sustainable use of waters in Luso-Spanish
river basins was signed by Portugal and Spain in 1998 at Albufeira. The Albufeira Convention sets the
framework for cooperation between Parties for the protection of surface and ground waters, and
their directly dependent aquatic and terrestrial ecosystems, and for the sustainable use of water
resources in the river basins of Minho/Miño, Lima/Limia, Douro/Duero, Tejo/Tajo and Guadiana.
Parties shall coordinate actions to promote and protect the good status of transboundary waters, to
the sustainable use of those waters and to mitigate the effects of floods, droughts or scarcity.
Transboundary waters are defined as any surface or ground waters setting the boundary between
the two States, crossing the boundary or located at that same boundary; in case the waters
disembogue directly into the sea limits are agreed between parties. Another important concept
defined by this Convention is the transboundary impact: any significant adverse effect on the
environment resulting from a change in the conditions of transboundary waters in an area under
jurisdiction of one of the Parties, caused by human activity whose physical origin is situated, entirely
or partly, within the area under jurisdiction of the other Party. The assessment of transboundary
impacts is covered by Annex II of the Convention.
The Convention establishes cooperation mechanisms such as regular and systematic exchange of
information, consultation and individual or joint adoption of technical, legal, administrative or other
measures required for the implementation of the Convention.
The Convention has an Additional Protocol determining the flow regime for each transboundary
river.
Joint committees were created in the scope of the Treaty of Limits (International Commission of
Limits) and the Albufeira Convention (Commission for the Development and Application of the
Convention) to ensure the achievement of their objectives and to address interpretation issues that
may arise. In Portugal the Interministerial Commission on the Luso-Spanish Borders and River Basins
is the responsible body for the Portuguese participation in the meetings of the joint committees and
for monitoring the implementation of these agreements. This interministerial commission is
currently under the Directorate General of European Affairs (Ministry of Foreign Affairs). The Spanish
participation in the joint committees is guaranteed by the Ministry of Foreign Affairs and
Cooperation.
In 2003 Portugal and Spain signed the Agreement on the conditions for the Spanish and Portuguese
fleets’ activity in the waters of both countries which, in many ways, constitutes a continuation of
earlier agreements between the two Governments going back to 1986, when Spain and Portugal
78
acceded to the European Communities. The Agreement, with a duration of 10 years, establishes
appropriate conditions for reciprocal access of fishing fleets of both Parties to the waters of each
other. It includes cross-border activities around the mouths of river Minho/Miño and river Guadiana
and on waters under Portuguese and Spanish sovereignty or jurisdiction on the Atlantic Ocean
around the Iberian Peninsula.
Regarding specifically the Guadiana area, the scope of agreement is set, within the territorial sea (12
miles), 15 miles east and west of the Guadiana river boundary. For artisanal fishing the limit is 7
miles to either side of the border. For this area the agreement establishes the number of permits (by
fishing gear) for each Party. Vessels shall comply with the technical requirements of the country in
whose waters the fishing activity is developed.
Once the term of the agreement expired in 2013 a new agreement was signed for the next two years
with no changes regarding the number of permits for the Guadiana area.
In addition a mechanism is in place for the exchange of lists of vessels fishing with surface longline
and tuna trolling but there isn’t a specific number/limit of vessels established.
There is also a Convention between Portugal and Spain on transboundary cooperation between
territorial authorities and entities, signed in 2002. It promotes and legally regulates the
transboundary cooperation between Portuguese territorial authorities and Spanish territorial
agencies. In this context, transboundary cooperation means all forms of concertation designed to
enhance and develop neighbourly relations between territorial authorities and entities under the
jurisdiction of the Parties, conducted within matters of common interest. Thus, territorial authorities
and entities may establish cooperation protocols to allow the conciliation of initiatives, the
promotion of studies, plans and programs, investment projects and forms of relation contributing to
the development of border areas.
In the framework of this Convention was established the transboundary cooperation protocol for the
constitution of the work community Euroregion Alentejo-Algarve-Andaluzia. Cooperation under this
protocol is focused on thematic areas such as competitiveness and employment, environment and
natural heritage, accessibility and territorial organization and economic and social integration. Such
cooperation was strengthened by the creation of Eurocity Ayamonte-Castro Marim- Vila Real de
Santo António in 2013. This project aims to combine efforts and resources, through planning and
joint management of services and equipments in these border towns.
There are two other Euroregions between Portugal and Spain: the Euroregion Galicia-North of
Portugal and the Euroregion “EUROACE” – Alentejo-Centro-Extremadura. Euroregions can have a
very important role in the management of cooperation projects and EU funds (including those
specifically targeted for cooperation).
The Luso-Spanish Commission for transboundary cooperation is the intergovernmental body
responsible for supervising and evaluating the implementation of this Convention.
Despite the fact that no legal framework has been agreed so far between the two countries for
cooperation specifically regarding maritime borders and maritime spatial planning, existing
experience and cooperation mechanisms in place between Portugal and Spain may prove to be also
useful for transboundary interactions regarding maritime spatial planning.
79
Furthermore, international instruments, particularly the United Nations Convention on the Law of
the Sea, are very important in guiding the bilateral relations between Portugal and Spain in what
regards maritime issues.
4.2
Territorial management
Territorial management system and spatial planning instruments – Portugal
The Portuguese territorial management system was instituted in 19981, further developed in 1999
with the publication of the corresponding legal framework2. This system was designed for the
terrestrial space (where there is a well established property regime and boundaries are more or less
easy to define) applying only marginally to maritime areas in proximity to the coastal zone.
However, in 2014 the legal bases for the spatial planning and management of the national
maritime space were approved3, creating a specific system for the maritime space with particular
instruments (Situation plans and Allocation plans) to achieve the objectives of maritime planning.
These plans can be developed for any section of the national maritime space, i.e. the space that
extends from the baseline to the outer edge of the continental shelf beyond 200 nautical miles.
Situation plans and allocation plans identify areas of protection and preservation of the marine
environment and the spatial and temporal distribution of current and potential uses and activities
while allocation plans refer to specific uses or activities.
The development of these maritime spatial planning instruments must take into account the land sea
interaction and ensure the consistency with the terrestrial spatial planning instruments, particularly
in what regards the coastal zone. Since most of the terrestrial instruments may influence somehow
the maritime space, its use and maritime activities, it is important to understand the system.
The territorial management system is divided into three management levels: national, regional and
municipal mainly focused on land territory. National instruments are developed by the Government
and its Departments, requiring approval by the National Parliament. Regional plans are developed by
the Governments of the Autonomous Regions (Azores and Madeira) and, in Portugal mainland, by
the Regional Coordination and Development Commissions. At the municipal level, Municipalities are
responsible for the developed of the spatial planning instruments.
At the national level the instruments available are:
 the national program for land use policy;
 sectorial plans with territorial impact;
 special plans.
1
Law n. º 48/98, of August 11.
2
Decree-Law n. º 380/99, of October 22, amended and republished by Decree-Law n.º 46/2009, of February 20.
3
Law n.º 17/2014, of April 10.
80
The national program for land use policy4 (PNPOT – Programa Nacional da Política de Ordenamento
do Território) is a strategic instrument of territorial development. It defines the main options in
relation to the national territorial organization, establishes the framework for all the other territorial
management instruments and constitutes a tool for cooperation with other Member States
regarding territorial organization of the European Union.
Sectorial Plans (PS – Planos Setoriais) are tools for programming and implementing economic and
social development policies with territorial impact. They include sectorial development scenarios
regarding transport, communications, energy and geological resources, education and training,
culture, health, housing, tourism, agriculture, trade, industry, forestry and environment.
Special plans (PEOT – Planos Especiais de Ordenamento do Território) are a supplementary tool of
Government’s intervention to guarantee national interest goals with spatial impacts. They are
regulatory instruments establishing schemes to safeguard natural resources and systems essential to
the sustainable use of the territory. Special plans include: coastal zone management plan (POOC –
Plano de Ordenamento da Orla Costeira), protected area plan (POAP – Plano de Ordenamento de
Área Protegida), public water reservoir plan (POAAP – Plano de Ordenamento de Albufeiras de Águas
Públicas) and estuary plan (POE – Plano de Ordenamento de Estuário).
Coastal zone management plans, due to the interface nature of their areas, include a maritime zone
of protection, the area between the maximum high water mark of equinoctial spring tides and the 30
meters bathymetry (for further information on coastal zone management plans consult section 4.6).
The territorial management system comprises, at the regional level, the regional spatial plans (PROT
– Planos Regionais de Ordenamento do Território) define the strategy for territorial development,
taking into account the options established at the national level and municipal strategies for local
development, constituting the framework for the development of plans at the municipal level.
The municipal level is developed through the following instruments:




inter-municipal spatial plan;
municipal master plan;
urbanization plan;
detail plan.
Inter-municipal plans (PIOT – Plano Intermunicipal de Ordenamento do Território) are optional
instruments, developed by neighbouring municipalities when there is a need for co-ordination of
territorial areas with some interdependency of structural elements, ensuring the integration
between regional and municipal levels.
The municipal master plan (PDM – Plano Director Municipal) establishes a model for the municipal
spatial structure, resulting from the local development and spatial planning strategy, defines the
baseline soil classification and establishes parameters/guidelines for land use. Urbanization plans (PU
– Plano de Urbanização) may be developed for specific urban areas, defining their structure, and
4
Law n. º 58/2007, of September 4.
81
detail plans (PP – Plano de Pormenor) are developed for the implementation of occupation
proposals, establishing the rules for infrastructures, buildings and public space design.
All territorial management instruments are binding for public administration but only special plans
and municipal plans are also binding for private entities, due to their regulatory nature. Special plans
prevail over municipal plans as they aim to safeguard national interests.
Table 15: Existing territorial management instruments in the pilot area – Portuguese side.
Level
National
Regional
Municipal
Instrument
National program for land use policy
Programa Nacional da Política de Ordenamento do Território
Sectorial plans
Sectorial plan for Natura 2000 Network
Plano Sectorial da Rede Natura 2000
Watersheds management plan for Algarve streams
Plano Gestão das Bacias Hidrográficas das Ribeiras do Algarve
Watershed management plan for Guadiana River
Plano de Gestão da Bacia Hidrográfica do Guadiana
Special plans
Coastal zone management plan Burgau-Vilamoura section
POOC Burgau-Vilamoura
Coastal zone management plan Vilamoura-Vila Real de Santo
António section
POOC Vilamoura-Vila Real de Santo António
Plan for the Natural Park of Ria Formosa
Plano de Ordenamento do Parque Natural da Ria Formosa
Plan for the Nature Reserve of Castro Marim e Vila Real de
Santo António
Plano de Ordenamento da Reserva Natural de Castro Marim e
Vila Real de Santo António
Regional spatial plan of Algarve
Plano Regional do Ordenamento do Território do Algarve
Municipal Master Plan of Portimão
Plano Director Municipal de Portimão
Municipal Master Plan of Lagoa
Plano Director Municipal de Lagoa
Municipal Master Plan of Silves
Plano Director Municipal de Silves
Municipal Master Plan of Albufeira
Plano Director Municipal de Albufeira
Municipal Master Plan of Loulé
Plano Director Municipal de Loulé
Municipal Master Plan of Faro
Plano Director Municipal de Faro
Municipal Master Plan of Olhão
Plano Director Municipal de Olhão
Municipal Master Plan of Tavira
Plano Director Municipal de Tavira
Municipal Master Plan of Vila Real de S. António
Plano Director Municipal de Vila Real de S. António
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Following is briefly presented the national program for land use policy and the regional spatial plan
of Algarve. Sectorial and special instruments are presented (if relevant) in the respective thematic
sections. Municipal plans were not considered in this analysis since they are mainly focused on urban
parameters.
The national program for land use policy recognizes the importance of the sea as a strategic
element for tourism and new activities. For the Algarve this is particularly relevant and is reflected in
some territorial strategic options established for this region, focusing the need of tourism
qualification and economy diversification, sustainable development of fisheries and aquaculture and
integrated planning and management of the coastal zone.
The program has an associated action plan which defines specific objectives and priority measures.
Some of these are strongly related to maritime and coastal issues, for example:
i)
ii)
iii)
iv)
v)
creation and implementation of the national network of marine protected areas and their
spatial planning (“defining their temporal and spatial constraints and regulating human
activities”);
assessment of the potential of the Portuguese coast and EEZ to develop ocean related
tourism products;
protection of maritime borders and national territorial waters, addressing threats such as
pollution;
improvement of infrastructure systems to support international connectivity in the Iberian,
European, Atlantic and Global framework;
integrated planning and management of the coastal zone, in both terrestrial and maritime
components;
The regional spatial plan of the Algarve defines as strategic objectives for the region’s development:
i) qualify and diversify the tourism/leisure cluster; ii) strengthen the economy; iii) promote
knowledge intensive activities; iv) promote a balanced and competitive territorial model, and; v)
consolidate a sustainable and lasting environmental system. For their achievement the plan defines
sectorial regional strategies and strategic programs, some strongly connected to coastal and
maritime issues, namely the valuation of the coast and requalification of sea fronts, structuring
interventions for fisheries, aquaculture and salt production, support for recreational boating,
scientific research and external affirmation of the region through transnational, transboundary and
inter-regional cooperation.
The relevance of the sea to Algarve region, regarding tourism, fisheries and recreational, commercial
and cruise boating is evident and, for this reason, the plan considered the territorial sea waters (12
miles limit) in its territorial scope, especially in what regards the need for an integrated coastal zone
management and sea-related activities and infrastructures. For this maritime area the plan presents
guidelines for fisheries and aquaculture installation.
It is worth to highlight the fact that wind potential in the region, as an energy source, was evaluated
only for land territory. On the other hand special attention was given to fisheries and aquaculture
sectors and particularly to the need of spatial planning for Algarve coast regarding the
implementation of offshore aquaculture, avoiding conflicts with fishing activities.
83
Territorial management system and spatial planning instruments – Spain
The Spanish Government is divided into four vertical territorial levels:
-
State;
Autonomous Communities;
Provinces;
Municipalities;
This division is a subsequent development of the Constitution promulgated on 27 December 1978,
whose Article 141 states that the province is a local entity with its own legal personality, determined
by the group of municipalities and territorial division for the performance of State’s activities. On the
basis of this personality, Article 143 of this regulation provides that, in the exercise of the right to
autonomy recognised in Article 2 of the Constitution, bordering provinces with common historical,
cultural and economic characteristics, insular territories and provinces with historical regional status
may be self-governing and form Autonomous Communities in accordance with the provisions of this
Title and the respective by-laws.
In the pilot area, the Statute of Autonomy of Andalusia of 1981 approved its reform by referendum in
2007.
Article 148 of the Spanish Constitution establishes that the Autonomous Communities may assume
competences in land use planning, urban development and housing. These competences were
assumed by the Autonomous Community of Andalusia in its Statute of Autonomy.
To offer a uniform, consistent and comparable view of land use planning in Spain, a Land Use
Planning Instruments (BIOT) database was created by the Secretariat-General for Territory and
Biodiversity (SGTyB). The information contained in the latter is divided into three databases (see also
figure 49):
-
Land Use Planning Policy in each Autonomous Community;
Land Use Planning Instruments in each Autonomous Community: regional and subregional;
Regulations on Protected Natural Areas in each Autonomous Community as legislative
development and implementation (Article 148.1.9 EC) within the margin established by the
State in environmental matters, which is what is established in basic environmental
legislation in Spain) (Article 149.1.23 EC).
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Figure 49: Structure of land use planning system in Spain.
The Land Use Plan of Andalusia is a development tool that sets out basic guidelines for the
organisation and structure of all land belonging to this Autonomous Community, establishing the
strategic regional framework to guide public policy planning. The strategies seek to regulate:
-
The system of cities;
The regional system of connections (transport, telecommunications, energy, etc.);
The regional system of territorial protection;
External integration of Andalusia;
Subregional Land Use Plans are an adaptation of the General Land Use Plan concept in the Urban
Planning Act of Andalusia at municipal level (Urban Planning Act of Andalusia, December 2002). Their
aim is to organise the territory in order to provide sufficient land for subsidised housing and
distribute facilities and equipment adequately.
85
Within the Andalusia region, Plans with an impact on Land Use Planning are sectorial plans affecting
the territory. These plans are very diverse in nature and affected by different laws. The topics include
tourism, waste, flooding, etc.
At municipal level in Andalusia there are several urban planning instruments set out in Article 7 of
the Land Use Planning Act of Andalusia (Law 7/2002). These are:
-
Land use planning instruments:
o General planning;
o General Land Use Plan;
o Intermunicipal Land Use Plan;
o Sectorisation Plan;
-
Development planning:
o Partial Land Use Plan;
o Detailed Study;
o Catalogue (can be development or integrated into general planning);
-
Other instruments of land use planning:
o Master Policy for land use planning;
o Municipal Building By-law;
o Municipal Land Use By-law;
There are also municipal sector plans, such as the Municipal Emergency Plan or the Municipal Plan
for Older Persons.
In January 1986 Spain became a member of European Communities and Spain had new
commitments and a new “status” that has incidence on land and maritime management. Each State
member of European Communities has the obligation of making the transposition of all legal
regulations from European Communities to national legislation. There are different European
Community framework directives and legislation that has incidence in land and maritime
management as:
-
Water Framework Directive, 2000/60/EC;
Assessment and Management of Flood Risk Framework Directive, 2007/60/EC;
These framework directives have been transposed and taken into account in the Spanish legislation:
-
Water Act, 2001;
R.D. 903/2010, July 9th, Assessment and Management of Risk and Flooding;
Overall the territorial management system of each country and the available tools present significant
differences, namely in terms of their application to maritime space. Such differences are represented
in figure 50.
86
Figure 50: Territorial scope of the several territorial management tools in each country (solid line indicates the actual application of the instrument while
dotted line indicates potential application. MHWMET means maximum high water mark of equinoctial spring tides).
87
4.3
Maritime space
Portugal
Portugal has ratified the United Nations Convention on the Law of the Sea in 1997 being therefore
bound by its determinations.
The National Ocean Strategy (NOS) was first approved in 20065 and was aimed to achieve a better
use of ocean and coastal areas, promoting economic and social development in a sustainable way. A
new strategy for the timeframe 2013-20206 (NOS 2013-2020) was adopted on February 2014,
responding to several national and European initiatives and dynamics concerning maritime issues.
The strategy is based on an integrated approach, trying to ensure a comprehensive coordination of
planning and action in the sea, having into consideration all other sectorial policies and plans. Among
its objectives is the materialization of the economic, geostrategic and geopolitical potential of the
Portuguese maritime territory, the creation of conditions for attracting domestic and international
investment in all sectors of maritime economy and the strengthening of the national scientific and
technological capacity.
The NOS 2013-2020 establishes a vision, Mar-Portugal, a national goal whose potential will be
realized through the increased economic, social and environmental value of the ocean and coastal
areas. This vision is embodied in an action plan, the Mar-Portugal Plan (PMP – Plano Mar Portugal),
which sums up all projects, programs and measures to be carried out, enhancing synergies among
stakeholders and economies of scale. Program areas defined in the action plan include, inter alia:
fisheries and fish processing industry, aquaculture, conventional and renewable energy resources,
mineral resources, marine biotechnology, recreation, sports and tourism, ports, transports and
logistics, shipbuilding and repair and maritime works. The PMP is a dynamic document and shall
consider changes resulting from the by the addition, substitution or conclusion of programs and
projects and from the renewal of the national strategic thinking.
Still under the National Ocean Strategy 2006, the Portuguese Government decided to undertake the
first maritime spatial planning exercise during 2009, despite the absence of a specific spatial
planning regime for the maritime space. It was carried out by a multidisciplinary team with
representatives from all ministries, led by the Ministry of Environment and Spatial Planning. The
exercise covered the entire exclusive economic zone around mainland territory and was classified as
a sectorial plan. However the plan was never officially approved as such since the government gave
priority to the preparation of a law aiming to establish the bases for maritime spatial planning7 and
create specific instruments, recently approved in the beginning of 2014 (see section 4.2). This law
was developed in agreement with the UN Convention on the Law of the Sea, using the same
terminology.
5
Council of Ministers’ Resolution n.º 163/2006, of December 12.
6
Council of Ministers’ Resolution n. 12/2014, of February 12.
7
Law n.º 17/2014, of April 10.
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Nevertheless the studies developed for the MSP exercise were approved and published in 20128 and
were very useful in identifying existing and potential uses of sea space, establishing guidelines for
allocating new areas and avoiding conflicts between activities and uses. A major effort was
undertaken to collect and validate data, through consultation of relevant stakeholders, building a
valuable source for other studies. Overall these studies provide a basis for common understanding
among all maritime sectors.
The exercise developed a spatialization proposal, management guidelines, an action program and a
monitoring program. The management guidelines are divided into general and sectorial, intended as
recommendations for the good conduct of each activity and for its harmonization with others. They
cover sectors such as defence and security, conservation and heritage, fishing and aquaculture,
infrastructure, navigation, nautical tourism, energy and geological resources and scientific research.
Directive 2008/56/EC, establishing a framework for community action in the field of marine
environmental policy, was transposed to national law in 20109. This legal framework applies to
national maritime waters and to transboundary effects on the marine environment quality in the
same marine region or sub region. It requires an initial assessment of national maritime waters, the
definition of environmental targets and the establishment of monitoring programs. Such tools shall
have into consideration the transboundary impacts and relevant transboundary specificities.
The initial assessment and environmental targets for the subdivision “Portugal mainland” were
concluded in 2012. During their preparation were carried three meetings (2009, 2011 and 2012)
between Portugal, Spain and France to ensure regional cooperation and coherence. The initial
assessment report gathers relevant information concerning the pilot area which was used in the
present document.
The increased attention allocated to maritime sectors can be found in other documents, such as
“Ocean economy in Portugal”, coordinated in 2012 by the Directorate-General for Maritime Policy,
and also outside governmental initiatives, namely in studies such as “Maritime Economy
Hypercluster – an area of strategic potential for the development of Portuguese economy”,
(SAER/ACL; 2009), “Blue growth for Portugal - an entrepreneurial vision of the ocean economy”
(COTEC; 2012).
Spain
Spain establishes its maritime space from the applicable international regulations, and specifically on
the basis of the powers exercised by the Coastal States of the Territorial Sea. The Territorial Sea Act
(Law 10/1977, of January 4) states that the "sovereignty of Spain" extends beyond its territory and
internal waters.
8
Order n.º 14449/2012, of December 12.
9
Decree-Law n.º 108/2010, of October 13, later amended by the Decree-Law n.º 201/2012, of August 27 and
by the Decree-Law n.º 136/2013, of October 7.
89
Spain has also ratified the United Nations Convention on the Law of the Sea (UNCLOS), which
provides for different zones in relation to the proximity of the coast and the nature of the waters.
The zones recognised by Spain in its waters are:
-
Inland waters;
Territorial sea;
Contiguous zone;
Exclusive economic zone;
Continental shelf.
The Spanish regulations relating to the possibility of establishing straight baselines and hence,
possessing inland waters, are set out in the Territorial Sea Act (Law 10/77, of January 4), Article 2
which provides that “the inner boundary of the sea is determined by the minimum theoretical sea
level and, where applicable, by the straight baselines set by the Government”.
The transitional provision of Law 10/1977 sets forth that the straight baselines established by the
Decree implementing Law 20/1967, of April 8, will constitute the inner boundary of the territorial sea
under Article 2 of Law 10/1977, when the Government does not exercise the powers conferred on it
under said article.
Accordingly, and given that the Government has not made use of said faculty, reference should be
made to the aforementioned Decree corresponding to Royal Decree 2510/1977, of August 5, setting
out the straight baselines for the delimitation of Spanish territorial waters. Article 1 of this Decree
sets out the geographical coordinates of the points defining the straight baselines.
The second additional provision of Law 27/92, of November 24, concerning State Ports and Merchant
Navy, states that in the contiguous zone (...) the Government may adopt the necessary control
measures to:
a) Prevent violations of customs, smuggling, fiscal, immigration or health laws and regulations
in national territory or the territorial sea;
b) Punish such offences.
Therefore, with respect to the contiguous zone, the Spanish government acts in accordance with
Article 33 of UNCLOS regulating this area, with the addition of a specific reference to smuggling.
The Spanish legislation governing the EEZ is the Economic Zone Act (Law 15/1978, of February 20)
(prior to the UNCED of 1982) establishes the outer limit at a distance of 200 miles from the baseline.
Under Article 2 of this Act, except as provided in international treaties with States whose coasts are
opposite or adjacent to Spain, the outer limit of the economic zone will be the median or equidistant
line. For the purposes of this article, median or equidistant line means one whose points are
equidistant from the nearest ones located on the baselines, drawn in accordance with International
Law, from which the breadth of the territorial sea of each State is measured.
In this zone, under Article 1.2 of the said Law, the Spanish Government has:
a) “Exclusive rights to the natural resources of the zone;
90
b) Powers to regulate the conservation, exploration and exploitation of these resources, for
which it will ensure preservation of the marine environment;
c) Exclusive jurisdiction to enforce the relevant provisions;
d) Any other powers that the Government may establish in accordance with International Law”.
Under the aforementioned Law 15/1978, application of the provisions of the Act was limited to the
Spanish coasts of the Atlantic Ocean, including the Bay of Biscay, and peninsular and insular coasts,
and granted the Government powers to agree on its extension to other Spanish coasts.
In the exercise of this authorisation, the Spanish government enacted Royal Decree 1315/97, of
August 1, which created a fisheries protection zone (FPZ) in the Mediterranean Sea between Cabo de
Gata and the maritime border with France. Subsequently, under Royal Decree 236/2013, of April 5,
the Spanish Government established an Exclusive Economic Zone for this area, and changed from
ownership of the conservation rights to marine resources to ownership of the rights established by
UNCLOS.
According to Article 76.1 of UNCLOS: “The continental shelf of a coastal State comprises the seabed
and subsoil of the submarine areas extending beyond its territorial sea and along the natural
prolongation of its territory up to the outer edge of the continental margin, or to a distance of 200
nautical miles counting from the baselines from which the breadth of the territorial sea is measured,
where the outer edge of the continental margin does not extend up to that distance”.
In this zone, the coastal State exercises sovereign rights for the purposes of exploration and
exploitation of its natural resources, (Article 3 of the Coastal Act, which develops rights over
resources but not over the Zone itself) aspects that UNCLOS mentions specifically in mineral and
other non-living resources of the seabed and subsoil, and living organisms belonging to sedentary
species.
Moreover, as in the EEZ, the coastal State has jurisdiction over the artificial islands, installations and
structures on the continental shelf, except in relation to the right of other States to lay submarine
cables and pipelines.
In the Spanish legal system, there are no specific continental shelf laws. Nonetheless, this loophole is
resolved by the enactment of the EEZ Act (Law 15/78) which establishes that within this 200-mile
area counting from the baselines, “Spain has sovereign rights for the purpose of the exploration and
exploitation of the natural resources of the seabed and subsoil of the sea and the overlying waters”.
Thus, although the Spanish continental shelf is very small, geologically speaking, Spain has a
continental shelf with a legal extension of 200 nautical miles along its coastline, including in the
Mediterranean. Furthermore, Spain has marked out a continental shelf extending beyond 200
nautical miles by submitting the relevant reports: i) 19 May 2006, joint proposal by France, Ireland
and the United Kingdom; ii) 11 May 2009, in the Galicia area (include the Canaries).
In light of the above, it can be concluded that the legal characterisation of the sea in Spain conforms
to the provisions of the United Nations Convention on the Law of the Sea, which Spain has gradually
developed to its fullest extent.
91
Likewise, the legal status of the sea is developed based on the concepts of sovereignty and the public
domain of resources (Article 3 of the Coastal Act), although the sea is not an integral part of the
territory. Thus, the Ruling of the Supreme Court dated 28 June 1980 states that “the entire national
territory is made up of all municipalities. Municipal powers are territorial, the sea/land area and
shore, while in the public domain, are part of the territory of the various town and city councils”
which is “not the case with the territorial sea, which is also in the State public domain”(Supreme
Court Ruling 28 February 1986). This distinction is the basis of its internal legal organisation in
relation to the management of various sectoral aspects.
Hence, with regard to the distribution of domestic powers, the differences between territory/nonterritory, and Articles 148 and 149 of the Spanish Constitution determine the scope of action of the
various authorities in relation to the sea and coastline.
For example, Article 148 of the Spanish Constitution sets forth that the Autonomous Communities
may assume responsibility for fishing in their inland waters, shell fishing, aquaculture, land
planning of the sector and environmental management within the bases and coordination of
general planning of economic activity (which is the responsibility of the State). These responsibilities
have been assumed by the Autonomous Community of Andalusia. The following nonetheless fall
under the exclusive scope of the State: marine fishing (without prejudice to the sector management
powers attributed to the Autonomous Communities), the Merchant Navy and vessel registrations
and the lighting of coasts, maritime signals and ports of general interest.
This difficult distribution of powers in Spain is what characterises the maritime area, since although
case-law has established that the sea is not part of the territory of the Autonomous Communities
and that it is the Spanish Government, considered as a single unit, that exercises sovereign rights
such as ownership of the maritime-terrestrial public domain (which is the legal characterisation of
the sea and its natural resources in the Spanish legal system). The Autonomous Communities can
develop, as Andalusia has done, a wide range of powers in the marine environment based on the
provisions of Article 148 of the Spanish Constitution, the main ones being: fishing and environmental
protection in inland waters, shellfishing and aquaculture, fisheries management, maritime transport
between ports of the Autonomous Communities, marine rescue, and the authorisation and
monitoring of industrial discharges or pollutants in the territorial waters of the State of the coast
concerned (for further information on the distribution of powers in Spain consult section 4.11).
There are different European Community framework directives and legislation that have incidence in
land and maritime management, such as the Marine Strategy Framework Directive (2008/56/EC) that
has been transposed by the Spanish Marine Environment Protection Act, 2010.
4.4
Fisheries and aquaculture
Portugal
The legal framework regulating sea fishing and farming of marine species was established by
Decree-Law n.º 278/87, of July 7, and has suffered several amendments. One of its subsidiary
instruments, Regulatory Decree n.º 43/87, of July 17, determines several criteria for the fishing
activity, including sea areas (defined in terms of distance to the coast) where they are allowed
92
different fishing gears. The main objective of such measures is contributing to the conservation of
biological resources. Regulatory Decree n.º 14/2000, of September 21, defines the requirements and
conditions for the installation and operation of marine aquaculture establishments. According to
this Decree, the location of marine aquaculture establishments shall not impair navigation nor induce
significant negative impacts on fauna, flora, surrounding habitats and underwater cultural heritage.
The National strategic plan for fisheries 2007-2013 defines Portugal's objectives and priorities for
the fishing sector, whether relating to the Common Fisheries Policy (CFP) or other specific issues not
directly covered by CFP. Among the established strategic priorities are: to promote the
competitiveness of fisheries sector in adequacy to available and exploitable resources; to ensure the
sustainable development of coastal areas dependent on fisheries and to strengthen and diversify
aquaculture production. It is stated that the development strategy shall reconcile the different uses
on the coastal zone through integrated policies, contributing actively to a more rational planning
and integrated management of these areas.
Currently under development is the national strategic plan for aquaculture 2014-2020, an essential
tool in achieving NOS 2013-2020 and to access the European maritime and fisheries fund.
This can be particularly relevant for the Algarve region, responsible for approximately 78% (in terms
of quantity) of aquaculture production of bivalve molluscs in the country.
Spain
Governance regimes of fisheries and aquaculture have different competences depending on whether
it’s related to “sea fishing” or related to “management of the fisheries sector”. Regarding the first of
these, Law 3/2001, of March 26, concerning State sea fishing is the basic legislation for this matter,
together with article 149.1.19 of the Constitution, which grants the State exclusive competence on
this issue. In accordance with this law, from the external waters outwards, beyond the straight
baselines, it is State’s responsibility to manage and execute the fisheries policy. At the same time,
there are competences for these waters that are held by Autonomous Community institutions, since
Spain’s entry into the EU, in accordance with Articles 93 and 96 of the Constitution.
Regarding the competences of “management of the fisheries sector”, in the Statutes the ten coastal
Autonomous Communities have competences on fishing in internal waters, shell-fishing and
aquaculture as well as competences for drawing up legislation and executing the management of the
fisheries sector, as laid down in Article 148.1.11 of the Spanish Constitution.
In this respect, Article 48 of the Andalusian Statute of Autonomy states that:
“… 2. Exclusive competence for matters pertaining to sea fishing and sport fishing in internal waters,
shell-fishing and aquaculture, fishing with pound nets or traps, fishing with smaller gear, professional
scuba diving and the training and certification of recreational activities.
3. Exclusive competence for (…) the following matters lie with the Autonomous Community:
b) The management of the Andalusian fisheries sector, in particular concerning the
professional conditions for the practice of fishing, and the construction, safety and registering of
93
vessels, fish auctions and the training, advancement, welfare and social protection of fishery and
other fisheries workers; research, innovation and the transfer of technology and fisheries training.
c) Surveillance, inspection and control of the competences regulated in the previous sections
of this article.
4. The planning of the fisheries sector and fishing ports lies with the Autonomous Community as a
shared responsibility”.
Article 4 of the Law of the Andalusian Autonomous Community 1/2002, of April 4, concerning the
Management, Development and Control of Sea Fishing, Shell-Fishing and Marine Aquaculture, also
sets out the adoption of measures to preserve and improve fisheries resources in order to guarantee
their rational exploitation in internal waters.
It is also worth mentioning that Law 3/2001, concerning State Sea Fishing, allows fishing in protected
areas to be declared subject to a report from the Spanish Oceanographic Institute, the Ministry for
the Environment or the Ministry of Defence, as applicable.
Other Plans include:
State/European level:
-
European Fisheries Fund National Strategic Plan;
Strategic Innovation and Technological Development Plan for the Fisheries and Aquaculture
Sector, 2013 – 2020;
Multi-annual plan for sole, Bay of Biscay;
European Eel Management Plans;
Multiannual Recovery Plan for the North Eastern Atlantic and Mediterranean Blue-Fin Tuna;
National Programme of Control Measures for Cod;
Management Measures for swordfish in the Mediterranean;
Autonomous level:
-
4.5
Andalusian Strategy to develop marine aquaculture 2014-2020;
Integrated management plan for the preservation of fisheries resources in the
Mediterranean;
Fishing as a Factor in the Development of Sustainable Tourism. MARIMED 2004-2006;
THON.DOC: The assessment of the Transnational Cultural Heritage of the Tuna in the
Western Mediterranean;
Andalusian Eel Management Plan.
Ports and transports
Portugal
The strategic guidelines for the maritime transport sector, presented in 2006 by the Ministry of
Public Works, Transport and Communications, establishes several strategic objectives, namely to
94
increase the movement of goods in national ports and ensure they constitute a reference in terms of
logistics and supply chains in the Atlantic coast of Iberian Peninsula.
The main commercial ports are located on the west coast of Portugal. In the Algarve, Portimão and
Faro ports are secondary in commercial terms, being also used for fishing and recreational boating
activities. The importance of maritime tourist activities, recreational boating and sports in the ports
of Algarve and Guadiana River is recognized by the document, calling for a territorial and sectorial
integrated approach.
In 2011 was approved the National strategic plan for transports – sustainable mobility10,
recognizing the importance of maritime sector to improve competitiveness and boost exports.
However, investment projects presented in the document are focused on main ports, none of them
in the Algarve coast.
Spain
Article 149 of the Spanish Constitution states that:
“1. The State holds exclusive competence over the following matters:
Merchant navy and flagging of vessels; lighting of the coasts and maritime signals; general interest
ports; general interest airports; air space control, transit and air transport, meteorological service and
registration of aircraft.”
For this reason, the State has enacted a series of laws enabling State ports of general interest to be
regulated and managed. State port public domain is ruled by Law 27/1992, of November 24,
concerning State Ports and the Merchant Navy, amended by Law 62/1997, of December 26 and by
Law 48/2003, of November 26, regarding the economic regime and provision of services by general
interest ports, inter alia. The State, through the Ministry of Development, manages the State Public
Ports Authority, which regulates the port authorities.
In accordance with the Royal Decree (RD) 2/2011, of 5th September, approving the Revised Text of
the State Ports and Merchant Navy Law, State Port Authority holds the following competences:
a) The execution of the Government’s policy on ports and the coordination and control of the
efficiency of the State-owned port system according to the terms and conditions laid down in the
law;
b) General coordination of the various bodies at the General State Administration controlling
port areas and transportation;
c) Training, promotion of research and technological development related with port
economy, management, logistics and engineering. Development of measurement systems and
operational techniques in marine oceanography and climatology required for the design, exploitation
and management of port areas and infrastructure;
10
Council of Ministers’ Resolution n.º 45/2011, of November 10.
95
d) Planning, coordination and control of the Spanish maritime signalling system and the
promotion of training, research and technological development in these affairs;
General interest ports are ports that fulfil some of the following characteristics:
-
-
international maritime trade activities are conducted;
serve industries that are strategically important for the nation’s economy;
the annual volume and the characteristics of their maritime trade activities are on a
sufficiently significant scale, or respond to the essential needs of State general economic
activity;
their special technical or geographical conditions are essential for the safety of maritime
traffic;
Article 148.1.6 of the Constitution similarly states that:
“1. Autonomous Communities can hold competences for the following matters:
6. Safe havens, ports and airports for sports and, in general terms, those which do not conduct
commercial activities.”
These competences have been recognised in Andalusia by Article 64 of the Statute of Autonomy. The
same article empowers the Autonomous Community to exercise the implementation of competences
on ports classified as general interest ports.
Some of the planning and execution instruments regarding ports are:
-
4.6
Andalusian Ports Master Plan 2014-2020;
Port Use Plan (for each individual port);
The HADA (The Automatic Tool for Environmental Diagnosis) Project implemented in Huelva
and other places.
Coastal Zone
Portugal
The National Strategy for Integrated Coastal Zone Management11 tries to gather in one document
the fundamental objectives and strategic options regarding planning and management of the coastal
zone. It recognizes the need to reinforce the maritime component in integrated coastal zone
management and to ensure a clear articulation with planning and management of maritime space
and marine environment conservation.
It defines coastal zone as the portion of territory directly and indirectly influenced, in biophysical
terms, by the sea (waves, tides, winds, biota and salinity). Generally the coastal zone has, for the land
side, a 2 km width from the maximum high water mark of equinoctial spring tides and extends to the
11
Council of Ministers’ Resolution n.º 82/2009, of September 8.
96
sea side until the limits of territorial waters. This width is dully adapted to specific territories when
needed.
The strategy promotes an ecosystem approach and the compatibility between economic use and
protection of coastal natural values in a socio-ecological perspective. In terms of economic activities
it tries to support economic activities with high added value based on the exploitation of marine
resources, recreational boating activities and sustainable tourism. Also, it promotes the
establishment of a coherent and integrated network of marine protected areas.
One of its specific measures is the promotion of cooperation mechanisms between States and
regions, recognizing the high relevance of transboundary cooperation between Portugal and Spain
for a coordinated intervention in terms of hazards prevention and response (e.g. pollution) and for
the development of proactive measures concerning coastal resources valuation in transboundary
areas.
Coastal zone management plans are territorial management instruments especially designed to
address specific issues and problems of coastal territories, constituting the main tool for ICZM in
Portugal. The main principles, objectives and contents of these plans are legally determined12 and
one of their specific objectives is the conciliation of different uses and specific activities in the
shoreline, aiming to maximize the use of coastal resources while respecting the carrying capacity of
natural systems. Existing coastal zone management plans in the pilot area predate the decree-law
but overall they met the objectives established.
The coastal zone management plan for the coastal section between Burgau and Vilamoura13 was
approved in 1999 while the one for the coastal section between Vilamoura and Vila Real de Santo
António14 was only approved in 2005. These two plans classify coastal areas in terms of their type of
use (natural, urban, tourism, bathing, fisheries infrastructure, agriculture, etc.) and establish
protection zones, related to hazards prevention and where use is conditioned. The provisions
established are mostly for land territory however they provide some rules for the maritime area
covered (area between the maximum high water mark of equinoctial spring tides and the 30 meters
bathymetry), for example regarding aquaculture activities, trying to ensure their compatibility with
others uses.
In addition to these instruments, the maritime public domain (DPM – Domínio Público Marítimo)15
covers the coastal and territorial waters and inland waters subject to tidal influence, their seabed
and margins and the seabed adjacent to the continental shelf, encompassing the entire exclusive
economic zone. Resources included in this areas are considered of public use and general interest,
justifying a special scheme for the use of the land classified, envisaging their protection. Therefore
construction is prohibited to avoid an increased pressure over areas at risk.
12
Decree-Law n.º 159/2012, of July 24.
13
Council of Ministers’ Resolution n.º 33/99, of April 27.
14
Council of Ministers’ Resolution n.º 103/2005, of June 27.
15
Law n.º 54/2005, of November 15.
97
Spain
Spain does not have specific legislation on Integrated Coastal Zone Management (ICZM) but has
powerful sectoral laws that allow coastal zone management. From all this legislation it is worth to
highlight the Spanish Shore Act, 1988, the Protection and Sustainable Use of Littoral Act and
Modification of the Spanish Shore Act, 2013. There are others legal regulations that make up the
implementation of shore, coast, littoral and maritime legislation: Water Act, 2001, Royal Decree
903/2010, July 9, on the Assessment and Management of Risk and Flooding, and the Marine
Environment Protection Act, 2010.
The Spanish Shore Act, 1988, in concordance with the Protection and Sustainable Use of Littoral Act
and Modification of the Spanish Shore Act, 2013, and their rule development, Royal Decree
1471/1989, are the basis of the coastal and maritime coastal zone management legislation in Spain.
The Act is divided into six Titles:
-
Title I: Coastal public property;
Title II: Limitations to ownership on land adjacent to the seashore to protect the coastal
public property;
Title III: Use of the coastal public property;
Title IV: Regulation of financial aspects relating to the use of the coastal public property;
Title V: Infringements and penalties;
Title VI: Distribution of powers;
This law defines and clarifies in Title I, Chapter first, the coastal public property which includes:
-
The seashore and coastal water inlets which include: the foreshore, the zone influenced by
the wave attacks, and beaches:
Territorial and inland waters, including their bed and subsoil;
The natural resources of the economic zone and the continental shelf;
In Title I it is also defined the boundary delimitation proceedings of coastal public property and
private property.
Title II defines limitations to ownership on land adjacent to the seashore to protect the coastal
public property implementing legal easements to protect the integrity and guarantee the compatible
uses in public property. The easements established are: Protection easement, right of passage
easement and access to the sea easement.
The protection easement is imposed over a zone of 100 meters landward from the landward limit of
seashore. It can be enlarge up to a maximum of another 100 meters. In this zone uses are restricted
and buildings for residential purposes are forbidden. The right of passage easement is imposed over
a strip of 6 meters landward from the landward limit of seashore. This area shall be permanently left
clear to allow the passing of pedestrians and surveillance or rescue vehicles, except in specially
protected areas. It can be enlarge up to a maximum of 20 meters in areas of difficult or dangerous
passage. To ensure public use of the maritime-terrestrial public domain, Coastal Law and Regulation
also envisage that spatial management and urban development legislation will provide for sufficient
98
access to the sea and parking facilities except in spaces designated as special protection areas, access
to the sea easement. To this effect, in built-up areas and areas set aside for urban development
these should be a maximum of 500 metres (0.3 ml.) apart for vehicles, and 200 metres (0.124 ml.) for
pedestrians. All access routes should have signage and open to the public upon their completion.
Title III defines the use of the coastal public property. The Law, in this Title, guarantees free, public
and cost-free usage of this area for common uses in accordance with the nature of the sea and its
shore, and lays down the conditions under which other uses and usages can be conducted that
cannot be sited elsewhere. It describes the conditions and requirements that shall be applied to
schemes and works on public property, reservations and allocations to Regional Governments,
authorizations, waste disposal, extractions of sand, stones and gravel and dredging, and concessions.
Title IV is focused on regulation of financial aspects relating to the use of the coastal public property,
it takes into account the works and others actions are financed, fees and excise taxes for the use of
public property and bonds. Title V has as a main objective infringements and penalties, this is the
section related to the management policy of public property.
Title VI defines distribution of powers between the three levels of Administrations: Central
Government, Autonomous Community and Municipality. In this section it is appropriate to underline
that in the coastal management the Administration that has urban and land planning is the
Autonomous Community. However in this Title confers to the Central Government Administration to
issue mandatory and binding report about compliance of territorial planning and zoning plans and
regulations. This report is focused on the provisions of this Act with its implementing Regulations, as
well as compliance of plans and authorizations for industrial and pollutant wastes disposal from land
to sea.
Despite the importance of the Spanish Shore Act, 1988, and Protection and Sustainable Use of
Littoral Act and Modification of the Spanish Shore Act, 2013, there is not specific legislation on
Integrated Coastal Zone Management. Nevertheless, the legislation mentioned provides a lot of tools
and techniques that can be applied on ICZM, such as: zoning, set-back zones and exclusionary zones,
protected areas, special area planning, acquisition, easements, development rights, mitigation and
restoration and Coastal permits (Cicin-Sain & Knecht, 1998). In addition, mandatory and binding
reports related to urban and land plans on the coastal zone are a powerful tool for coastal
management.
The problems associated with protecting the public domain of coastal areas relate to three main
points:
-
Technical and legal problems with the definition of public domain and its delimitation;
Legal problems with the interpretation of the authority of Coastal Law to inform about urban
developments and regulate them (resolved by Constitutional Court Ruling 149/1991);
A conflict and incompatibility with private interests that hinder the enjoyment of the Public
Domain or make it difficult;
There are a number of specific features of Regional Planning in coastal areas. The first of these is that
coastal management powers are distributed among several government authorities. Thus, it is clear
that the Constitution confers most functions to the State and Autonomous Communities, with some
99
powers resting with local authorities. Nevertheless, the approval of the Marine Environment
Protection Act, 2010, as a consequence of Marine Strategy Framework Directive, 2008/56/EC, allows
Central Government Administration to manage the environmental aspects on coastal zone.
Coastal spatial planning plans, which are sometimes found under other names, are generally aimed
at managing the uses that can be found on the coastal strip, laying down the directives, criteria and
principles of which they are composed, albeit in a more general or abstract way. These are the
Autonomous Communities’ coastal management sectoral planning instrument and all urban
development plans and any other public decision that affects the coast are bound by their content.
The plans affecting the coast and, more specifically, the coastal zone of the study area, Autonomous
Community competence, are:
-
Land use plans:
o
o
-
Land Use Plan of Andalusia: Planning and integrated management instrument of
Andalusia;
Protection Plan for the Coastal Corridor of Andalusia: Concept of Land Planning, with
measures for development and the protection of the coast of Andalusia;
Subregional plans:
o
o
o
o
Land Use Plan of the Western Coast of Huelva;
Land Use Plan of the Conurbation of Huelva;
Land Use Plan of Doñana;
Land Use Plan of the Northwest Coast of Cadiz.
In a wide point of view the Water Act, 2001, transposition of Water Framework Directive
(2000/60/EC), where coastal waters are taken into account in the River Basin Management Plan and
the management inside River Basin District, is a useful tool for coastal management. The Royal
Decree 903/2010, of July 9, Assessment and Management of Risk and Flooding, transposition of
Assessment and Management of Flood Risk Framework Directive (2007/60/EC) has direct incidence
on coastal management. Considering these regulations the Central Government Administration has
elaborated the Preliminary Flood Risk Assessment (PFRA), December 2011, and Flood Hazard Maps
and Flood Risk Maps (FHMFRM), December 2013. From now to December 2015 the Flood Risk
Management Pans (FRMP) are planned to be finished. Also, taking into account this wide framework
of reference in 2005, the Spanish Office on Climate Change, Ministry of the Environment, elaborated
the study of Climate Change Effects Impacts on the Spanish Coast, GIOC Cantabria University. At
present climate change adaptation strategy on the Spanish coast is driving on, which is useful for
coastal management.
100
4.7
Water resources
Portugal
The Water Law16 transposes the Water Framework Directive (2000/60/CE) which establishes the
framework for Community action in the field of water policy. The Water Law seeks the protection of
aquatic ecosystems, the sustainable use of water resources and the protection of marine waters,
including territorial waters. Considering the land-sea inter-linkages (in terms of interchange of
materials, energy and organisms) and the ecosystem approach, the relation between integrated
management of water resources and marine conservation and management is undeniable. Therefore
the Water Law includes in its scope transitional waters (bodies of surface water in the vicinity of
river mouths) and coastal waters (surface water on the landward side of a line, every point of which
is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from
which the breadth of territorial waters is measured).
The river basin is the territorial unit for water management and shall have a management plan, a
planning instrument for water resources aimed at their management, protection and environmental,
economic and social valuation.
There are two watersheds management plans influencing the Algarve region: one for Algarve
streams and another for Guadiana. These plans establish several measures, namely for the
conservation and rehabilitation of the coastal zone, estuaries and wetlands and for the
harmonization of procedures for monitoring and management of surface border and cross-border
waters.
Spain
Water planning and management in Spain is regulated by Article 149.1.22 of the Constitution, which
states that “the legislation, management and granting of hydraulic resources and exploitation of
waters flowing through more than one Autonomous Community, and authorisation for electrical
installations when their exploitation affects another Autonomous Community or energy is transported
outside their territorial area” is the competence of the State. This article is the basis for
understanding water resource management in Spain. On one hand, the resources that are
distributed between various Autonomous Communities are to be managed by the State, but at the
same time, the articles of the Constitution can be interpreted as if the waters that flow through a
single Autonomous Community are the competence of the Autonomous Community, once this has
been recognised in its Statute.
The Water Basin Management Unit was created in Spain in 1985. It differentiates between interAutonomous Community basins (competence of the State) and intra-Autonomous Community basins
(competence of the Autonomous Communities). As this type of management was criticised by
several Autonomous Communities, they made an appeal for protection of the Constitutional Rights,
which was afterwards rejected. These basins were subsequently included under the 2000 Water
16
Law n.º 58/2005, of December 29.
101
Framework Directive (2000/60/CE), which broadened the concept of transitional and coastal waters
with the creation of the River Basin District.
With respect to Andalusia, Article 10.3.7 of the Statute of Autonomy states the need for the proper
management of water to improve the quality of life of the Community’s people. Article 197.3
similarly establishes the protection of the full water cycle and promotes its sustainable, efficient and
responsible use. For these principles to be implemented, the Andalusian Water Agreement was
created and signed on 3rd February, 2010, based on 5 fundamental ideas:
-
4.8
Management for the sake of future generations;
The sustainable use and guaranteed use of water;
The active involvement of society in water policy;
More modern and effective water administration;
A new economic and financial regime for a responsible use of the resource.
Nature conservation and other environmental issues
Portugal
The National strategy for nature conservation and biodiversity17 sets key strategic options for
nature conservation and the sustainable use of biological resources, including the classification,
conservation and enhancement of protected areas and strengthened international cooperation. The
strategy acknowledges the importance of Luso-Spanish relations for nature conservation, mainly
through cooperation and protected areas on both sides of the border. Marine protected areas and
the need for their integrated planning and management deserve particular attention. Also, it
highlights the role of coastal zone territorial management for the conservation of marine
ecosystems.
The sectorial plan for Natura 2000 network18 is a territorial management tool aiming to safeguard
and enhance special protection areas and sites of community importance as well as the maintenance
of species and habitats in a favourable conservation status. The document presents a
characterization of fauna and flora species in these areas and defines strategic guidelines for the
management of the territory covered by these areas.
In 2008 was approved a new legal framework for nature conservation and biodiversity19
establishing requirements for the classification and management of protected areas. It allows the
signing of international agreements or conventions regarding the transboundary management of
national terrestrial and marine areas (whenever the objectives of the protected area justify it) and
for the classification of transboundary protected areas. The Decree-Law establishes the requirement
of land use plans for protected areas classified as national or natural parks while for nature reserves
and protected landscapes the existence of land use plans is defined by necessity.
17
Council of Ministers’ Resolution n.º 152/2001, of October 11.
18
Council of Ministers’ Resolution n.º 115-A/2008, of July 21.
19
Decree-Law n.º 142/2008, of July 24.
102
The Plan for the Natural Park of Ria Formosa20 establishes regimes for safeguarding natural
resources/values and for the management of the protected area, supported by the zoning of both
terrestrial (inland) and coastal/lagoon areas (see section 2.3.1). In addition to the objectives directly
related to conservation the plan seeks to promote the sustainable exploitation of fisheries resources
and nature tourism. The Plan for the Nature Reserve of Castro Marim and Vila Real de Santo
António21 has similar objectives although, due to its typology (nature reserve), the area's
management is even more focused in nature conservation. The geographical location of this
protected area, along the Guadiana border, justifies that the regulation of certain activities, such as
fishing and navigation, is remitted to transboundary agreements to be established between
Portuguese and Spanish authorities. Despite the high influence of the marine environment and
maritime activities in these two protected areas the respective plans do not cover sea space.
The National strategy for sustainable development22 seeks to promote Portugal's competitiveness
and attractiveness, based on the pillars of sustainable development, i.e., high level of economic,
social and environmental development and social responsibility. Among the set of strategic priorities
is the use of the oceans as a differentiation and development factor, through marine biodiversity
conservation, sustainable management of fisheries, aquaculture promotion, research and a new
governance model that ensures the coordination of entities with responsibilities related to the sea.
The strategy also promotes international cooperation on global sustainability, deepening the foreign
relations of Portugal.
Spain
Law 42/2007, of December 13, which revokes Law 4/1989, concerning Natural Heritage and
Biodiversity, establishes the baseline instrument for environmental conservation in Spain and
created the legal concept of the Marine Protected Area. Before this Law, environmental awareness
in Spain was more focused on onshore conservation. To be specific, Article 32 states:
“Marine Protected Areas are natural spaces designated for the protection of biological and geological
ecosystems, communities or elements in the marine environment, including intertidal and sub-tidal
areas that, due to their rarity, fragility, importance or uniqueness, are worthy of special protection”.
Article 32 also states that plans or management instruments should be enacted, establishing
conservation measures and setting limits on the exploitation of natural resources.
With respect to the General State Administration’s over the MPA, through the Ministry of the
Environment, and Rural and Marine Affairs, Article 6 of Law 42/2007 assigns administrative functions
in accordance with the coastal Communities’ Statutes of Autonomy in the following scenarios:
-
When the areas involved are critical spaces, habitats or areas located in marine areas under
national sovereignty or jurisdiction, as long as there is no ecological continuity of the marine
20
Council of Ministers’ Resolution n.º 78/2009, of September 2.
21
Council of Ministers’ Resolution n.º 181/2008, of November 24.
22
Council of Ministers’ Resolution n.º 109/2007, of August 20.
103
-
ecosystem with protected natural terrestrial space, endorsed by the best existing scientific
evidence;
When they affect either species whose habitats are located in the spaces referred to above,
or highly migratory marine species;
When, in accordance with international law, Spain is required to manage spaces located in
straits subject to international law or in the high seas.
There are also International legal mechanisms that enable the creation of protected spaces. These
include:
-
1992 Convention on Biological Diversity;
Natura 2000 Network;
The Convention for the Protection of the Environment of the North-East Atlantic (OSPAR);
The Barcelona Convention;
The Mediterranean Coastal Zone.
In Andalusia there is an integrated system of natural spaces known as RENPA (the Network of
Natural Protected Areas in Andalusia). The legal concepts defined in the network include:
-
National Parks;
Natural Parks;
Periurban Parks;
Natural Sites;
Protected Landscapes;
Natural Monuments;
Natural Reserves;
Affiliated Nature Reserves;
Natura 2000 Network Protected Areas;
SPAMI;
Biosphere Reserves;
Ramsar Sites;
Geoparks.
The Andalusian regional government, the Junta de Andalucía, and other public organisms have also
created several action instruments, including:
-
Environmental Quality Plan for Huelva and its Surrounding Area 2010-2015;
Campo de Gibraltar Environmental Quality Plan;
Plans for the improvement of Air Quality;
Plan for the recovery and preservation of steppe birds;
CUSSTA Plan: Plan for the Conservation and Sustainable Use of Andalusian Mushrooms and
Truffles;
Plan for the recovery and preservation of necrophagous birds;
Plan for the recovery of the Spanish Fir (Abies pinsapo);
Andalusian Wetlands Plan;
Programme for the Sustainable Management of the Andalusian Marine Environment.
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4.9
Energy
Portugal
The National strategy for energy 202023 sets several objectives to the time horizon 2020, among
them to reduce the external energy dependence to 74% and to have 60% of produced electricity and
31% of energy consumption coming from renewable energy sources. Marine related renewable
sources have a low relative importance, mostly because they are in early stages of development.
However it is foreseen a pilot area for wave energy testing and it is referred the possibility of
offshore wind installations.
The National action plan for renewable energies 202024 refers the pilot area of S. Pedro de Moel
(western Portugal) and envisages the expansion of its scope to test not only wave energy (as initially
designed) but also demonstration projects of offshore wind, ocean currents, temperature and salinity
gradients.
Under preparation is the national roadmap for low carbon 2020 and the revised version of the
national program for climate change for 2013-2020.
Spain
The electrical sector legislation assigns competences to each of the administrations. For the State
and the Autonomous Communities it establishes that:
-
The General State administration holds competences for:
o electricity planning;
o establishment of remuneration for guaranteed power output;
o regulation of the price structure and, via toll charges, for the use of transport and
distribution networks;
o exercise of management functions;
o regulation of the organisation and working of the electrical energy production
market;
o sanctioning of violations;
o establishment of minimum quality and safety requirements;
o determination of the rights and obligations of subjects relating to the supply of last
resort electrical energy;
o approval of instrumental and technical operational procedures.
-
Autonomous Communities hold competences for:
o formulation of legislation and regulations and the execution of the basic State
legislation in electrical affairs;
o regulation of the rights regime for establishing connections;
o inspection and sanctioning of installations;
23
24
105
o
o
o
o
o
giving instructions relating to expanding, improving and adapting of electrical
networks and installations;
inspecting the technical and economic conditions of the companies that own the
installations;
sanctioning of violations in the sphere of their competence;
Supervising the functions of distribution network managers;
promotion of renewable energies.
Marine energy production has not been exploited at all to date in Spain however it is specifically
included in the Spanish Renewable Energies Plan 2011–2020. Currently there are in Spain at least 26
demonstration projects, but even so it is striking how little importance it has, as can be observed in
the contribution that the sector makes to Spanish GDP (5.8 million Euros).
The majority of these projects are in the north of Spain, outside the study area of this project
however the climatic conditions of the study area could benefit the implementation of offshore wind
farms, for example.
Marine wind energy is considered to be one of the renewable resources that can most decisively
contribute to achieve the objective of redefining the current energy model in response to the new
scenario of climate change, where the European Union is heading the world’s response to the
phenomenon.
The Renewable Energies Plan 2011–2020 envisages the possibility of installing 750 MW of offshore
wind energy by 2020. Bearing in mind that the previous Plan envisaged around 1000 MW by 2010, it
is clear that not only such expectations were not met but they are now lower.
In case these installations would actually be created, RD 1028/2007, of July 20, establishing the
administrative procedure for processing applications for the authorisation of electricity generating
installations in the territorial sea must be taken into account.
The following are the instruments that exist in Andalusia for energy management and administration:
-
4.10
Andalusian Sustainable Energy Plan 2007-2013 (PASENER);
Andalusian Energy Plan 2003-2006 (PLEAN);
Law 2/2007 for the Promotion of Renewable Energies and Energy Savings and Efficiency in
Andalusia.
Tourism
Portugal
The National strategic plan for tourism25 was approved by the government in 2007, recognizing
tourism as one of the main sectors of Portuguese economy. Among the 10 strategic tourism products
appointed were included “sun and beach”, “nautical tourism” and “nature tourism”. A revised
25
Council of Ministers' Resolution n.º 52/2007, of April 4.
106
version of the plan was approved in 201326, adjusting to the strategic changes occurred, to the
markets' instability and to the moderate growth of the European economy (main source of tourists
to Portugal). Concerning particularly nautical tourism are highlighted the quality marinas of the
Algarve and the especially attractive coastline of Portugal. In order to promote nautical tourism the
strategic plan calls for the development of the nautical activities’ offer while respecting the carrying
capacity and protecting the coastline.
Nature tourism also presents an interesting potential, recognized since 1998 with the approval of the
national program for nature tourism27. This program is applicable to the national network of
protected areas and seeks to harmonize tourism with the ecological and cultural characteristics of
each area.
Spain
Autonomous Communities hold exclusive competences over tourism. Article 71 of the Andalusian
Statute of Autonomy states that “exclusive competence in tourism affairs corresponds to the
Autonomous Community and, in all events, includes: the management and planning of the tourism
sector; the regulation and classification of tourism companies and establishments and management
of the Junta de Andalucía-owned tourism establishment network, as well as coordination with
Spanish State-Owned Tourist Hotel (Paradores) administrative bodies in the terms laid down by State
legislation; internal and external promotion, including the signing of agreements with foreign entities
and the creation of overseas offices; the regulation of the specific rights and duties of tourism users
and service providers; training in tourism and the setting of criteria, the regulation of the conditions
and the execution and control of tourism public promotion and help lines”.
Likewise, Article 197 urges the public powers in Andalusia to orient “their policies especially towards
the development of sustainable tourism, the protection of the coast and the network of protected
natural areas, as well as the promotion of efficient and clean technology”. The 1999 Law on the
Management of the Andalusian Tourism Sector similarly underlines the need for tourism not to be
harmful to the environmental values, and sets out the duties for tourists regarding the environment.
All this is aimed to encourage sustainable tourism through planning and management instruments
in accordance with the law. Regarding maritime tourism, it’s worth mentioning the project “Fishing
as a Factor of Development of Sustainable Tourism (MARIMED)” which arose out of a comprehensive
analysis of both the tourism and fisheries sectors and a clear will to develop forms of sustainable
tourism that had at their core the innovative concept of fishing considered as a social, economic and
cultural system.
Junta de Andalucía promulgated Decree 261/2007, of October 16, approving the General Plan for
Sustainable Tourism in Andalusia 2008-2011, which mentions whale-watching tourism as an activity
requiring specific regulation.
26
Council of Ministers' Resolution n.º 24/2013, of April 16.
27
Council of Ministers’ resolution n.º 112/98, of August 25.
107
Finally, the exercise of integral tourism planning in Andalusia needs to be highlighted. This plan aims
to become the tool laying the foundations to enable increased competitiveness in the sector in the
long term and to provide an outlet for the expectations that new forms of tourism may offer. There
are a number of instruments that are part of the Plan, including:
-
4.11
Strategic Plan to deal with Seasonality;
Andalusian Master Plan for the Promotion of Tourism 2013–2016;
3rd Andalusian Tourism Quality Plan;
Integrated Plan for the Promotion of Sustainable Inland Tourism;
Master Plan for Fairs, Conferences, Meetings and Incentives;
General Plan for Sustainable Tourism 2014–2020;
Integrated Plan for the Development of Sustainable Coastal Tourism.
Licensing and institutional aspects
The application and enforcement of the previously mentioned instruments is a responsibility of
several authorities and institutions in each country. The high number of entities is often a challenge
to the clear understanding of the licensing processes and procedures required. In addition, different
levels of decision might exist according to the governing model of each Member State. For example,
in Spain there is a regionalization model with varying degrees of autonomy while in Portugal the
model is centralized (except in the autonomous regions of Madeira and Azores).
In Spain, in what regards the activities in the different maritime zones, responsibilities are distributed
between the State and the Autonomous Regions. On the contrary, in Portugal the model is based on
the concentration of decision powers at the central level, relying on decentralized services or local
authorities for operational aspects.
In the transboundary context the clarification of licensing and enforcement procedures and the
identification of the institutions involved are essential to promote cross-border activities. This was
one of the major aspects highlighted by stakeholders during the project and emphasized on the third
workshop.
Although a thorough analysis of this dimension was not foreseen in the scope of the project, a short
exercise was developed, taking the case of Portugal, attempting to demonstrate the kind of
information that may be useful to exchange between countries and present to stakeholders. Table 16
identifies the main governmental bodies with responsibilities in the licensing and enforcement
processes and their main competences. Table 17 identifies which are the institutions involved in each
activity sector and their specific role (licensing, issuing opinion, compliance enforcement). Annex A
presents factsheets with more detailed information for ‘aquaculture’, ‘energy’, ‘tourism, sports and
leisure’ and ‘nature and biodiversity conservation’ as an example, trying to highlight the entities
involved according to the area and the activity.
108
Table 16: Main governmental bodies (Portugal) and their main competences.
Institution
Ministry of Agriculture and Sea
Abbrv.
MAM
Directorate General of Marine Policy
DGPM
Directorate General for Natural Resources, Safety and
Maritime Services
DGRM
Regional Directorates for Agriculture and Fisheries
DRAP
Institute for Nature Conservation and Forestry *1
ICNF
Portuguese Institute for Ocean and Atmosphere
IPMA
Ministry of Environment, Spatial Planning and Energy
MAOTE
Inspectorate General of the Ministry of Environment,
Spatial Planning and Energy and the Ministry of Agriculture
and the Sea *1
Directorate General of Energy and Geology
Portuguese Environment Agency
IGAMAOT
DGEG
APA
Main competences
Definition, coordination and implementation of the policies regarding agriculture, forestry, rural
development and exploitation of marine resources as well as planning and coordination for the application
of national and European funds in those areas.
To develop, review and update the National Ocean Strategy, plan and organize the maritime space in its
different uses and activities, monitor and participate in the development of the EU Integrated Maritime
Policy and promote national and international cooperation for sea matters.
Implementation of policies for the preservation and knowledge of marine natural resources and for
fisheries, aquaculture, processing industry and related activities. Development of maritime security and
services including the maritime-port sector. Regulation, inspection, enforcement, coordination and control
of the activities related to the mentioned policies.
To participate in the formulation and implementation of policies regarding agriculture, rural development
and fisheries as well as collaborating in the implementation of policies for forests, food security and plant
health in connection to the competent bodies and central services.
To propose, monitor and ensure the implementation of policies regarding nature conservation and forests,
enhance the competitiveness of the forestry sector and ensure the protection of forests, hunting
resources and aquatic resources of inland waters in the context of planning and concerted action.
To promote and coordinate research, development, innovation and provision of services related to the
ocean and the atmosphere, supporting the implementation of national strategies and policies and
contributing to economic and social development. Invested with functions of national authority in the
fields of meteorology, climatology, seismology, aeronomy and geomagnetism.
Definition, coordination and implementation of policies regarding the environment, spatial planning, cities,
housing, climate, nature conservation, energy, geology and eco-innovation, based on sustainable
development and social and territorial cohesion perspectives. Ensure the planning and coordination of
national and European funds' application for environmental protection and life quality and enhancement
of territorial and energy resources.
To evaluate the performance and management of the services and bodies of the two Ministries through
actions of audit and control, assess the correct allocation of national and European financial support and
ensure the continuous monitoring and assessment of compliance with the law in the areas of environment
and spatial planning.
To contribute to the design, development and evaluation of policies related to energy and geological
resources, in a sustainable development perspective and ensuring supply security.
To propose, develop and monitor the integrated and participatory management of environmental and
sustainable development policies, in coordination with other sectoral policies and in collaboration with
public and private companies.
109
Institution
Commissions for Regional Coordination and Development
*2
Ministry of Economy
Abbrv.
CCDR
ME
Authority for Food and Economic Security
ASAE
Portugal Tourism Institute
ITP
Institute for Mobility and Transports
IMT
Ports Administrations
AP
National Authority for Communications
ANACOM
Ministry of National Defence
Directorate General
Infrastructures
MDN
of
Armament
and
Defence
National Maritime Authority
(includes the Directorate General for Maritime Authority, its
maritime departments and ports offices and the Marine
Police)
Hydrographic Institute
Ministry of Foreign Affairs
DGAIED
AMN
IH
MNE
Main competences
To implement environmental, spatial planning and regional development policies in their respective
geographical areas of action and provide technical support to local authorities and their associations.
Design, implementation and evaluation of development policies targeted to economic growth,
competitiveness, innovation, companies' internationalization and promotion of internal and external
trade, promotion and attraction of domestic and foreign investment as well as policies for tourism,
consumers protection, construction and real estate, public contracts' regulation, infrastructure, transport
and communications.
Enforcement and prevention of compliance with the legislation regulating the exercise of economic
activities as well as the assessment and communication of risks in the food chain.
To support the investment in the tourism sector, the qualification and development of tourist
infrastructure, coordination of internal and external promotion of Portugal as a tourist destination,
development of human resources training in the sector and regulation and supervision of games of
chance.
Regulation, enforcement, coordination and planning for land transports and supervision and regulation of
economic activities related to commercial ports and maritime transports, in order to meet mobility needs
of people and goods and the promotion of safety, quality and users rights.
Maritime and port security in their areas of jurisdiction, being responsible for the maritime signalling and
its installation, maintenance and operation, fixation of anchorages or their limits and definition of their
use. Participation in actions related to the preservation and protection of underwater cultural heritage and
establishment of intervention conditions (together with other competent authorities).
Regulation of the communications sector, in accordance with the legal framework of independent
administrative bodies and their respective statutes.
Preparation and implementation of the National Defence policy and supervision, inspection and
administration of the Armed Forces.
conceive, propose, coordinate , implement and support activities related to armament and defence
facilities, assets and infrastructures needed to perform the duties of national defence
To ensure the State Authority (monitoring, law enforcement and safety of navigation, people and goods) in
the maritime areas under jurisdiction. Ports offices have competences related to, inter alia, safety of
navigation, protection and conservation of maritime public domain, underwater cultural heritage,
fisheries, aquaculture and related activities.
To ensure activities related to sea sciences and techniques, considering their application in the military
scope and contribute the country's development in relation to science and marine environment
protection.
To develop, coordinate and implement Portugal foreign policy.
110
Institution
Abbrv.
Directorate General of European Affairs
DGAEMNE
Directorate General of Foreign Policy
DGPE
Ministry of Finance
Directorate General of Treasury and Finance
Ministry of Internal Administration
MF
DGTF
MAI
National Guard
GNR
Police
PSP
Immigration and Borders Service
SEF
Ministry of the Presidency and of Parliamentary Affairs
Portuguese Institute of Sport and Youth
Ministry of Education and Science
Directorate General of Education
MPAP
IPDJ
MES
DGE
Main competences
To guide the Portuguese action within European Union institutions, bilateral relations with Member States
and admitted candidates, monitor and coordinate the definition of national positions on EU policies,
together with all the competent ministries and organs of the governments of the Autonomous Regions of
Azores and Madeira.
To ensure coordination and decision on matters of political-diplomatic and economic nature, including
issues in the field of security and defence, and implement Portugal's foreign policy in terms of bilateral and
multilateral relations.
To define and conduct the State's financial, budgetary and fiscal policy and the policies regarding the
public administration.
ensure the execution of the financial intervention operations of the State, follow up on matters associated
with the State’s financial supervision of the public, administrative and business sectors and with the State
shareholder function, ensure the integrated management of state-owned property, as well as intervene in
public sector property operations
To define and implement the policies designed to ensure the authority of the State, the security and safety
of citizens and their property, public peace and order, free political participation by citizens, and the
provision of assistance to the population in cases of serious accident or disaster, in Portuguese territory.
To guarantee the maintenance of the public order, assuring the exercise of rights, liberties and warranties.
To veil for the execution of the laws and dispositions in general. To collaborate in the control of all entries
and exists pertaining to national and foreign citizens and goods into and out of the national territory. To
carry out the surveillance and patrolling of the coast and territorial sea (European Union external border).
To protect and conserve nature and environment.
To ensure internal security. To prevent acts against the law and regulations. To collaborate in the control
of entry and exit of people and goods in the country. To ensure compliance with laws and regulations
relating to environmental protection.
To implement the Portuguese policy for immigration and asylum in agreement with the provisions of the
Constitution and the Law, and the Government’s guidelines.
To ensure the link between the Ministries and the Parliament and to develop and implement the policies
on gender equality and sport and youth.
To implement an integrated and decentralized policy for the areas of sport and youth, in close
collaboration with public and private entities.
To define, coordinate, implement and evaluate the policies for education, from the basic to the higher
levels, and for science. It is also responsible for qualification and vocational training.
To ensure the implementation of policies relating to the educational and didactic component of preschool,
elementary and secondary education as well as extracurricular education, providing technical support for
its formulation, monitoring and evaluating its implementation and coordinating the planning of
examinations.
111
Institution
Intersectoral Oceanographic Commission
Secretary of State of Culture
Directorate General for Cultural Heritage
Regional Directorates of Culture
Abbrv.
COI
SEC
DGPC
DRC
Main competences
To issue opinion on matters related to the rules for the development of scientific and technological
research of the oceans and to evaluate the scientific and technical component of foreign research
applications in maritime areas under national jurisdiction.
To define and implement the policies for cultural development, stimulation of artistic creation,
dissemination and internationalization of the Portuguese culture and language.
To ensure the management, protection, enhancement, conservation and restoration of the country's
cultural heritage (immovable, movable and intangible) and develop and implement the national museum
policy.
To create conditions of access to cultural goods, monitoring of activities and supervision of structures for
artistic production, monitoring of actions for the safeguard, enhancement and promotion of cultural
heritage (immovable, movable and intangible) and support to museums in their respective geographical
areas of action.
*1 The tutelage of this agency is shared between the Ministry of Environment, Spatial Planning and Energy and the Ministry of Agriculture and the Sea.
*2 The Commissions are integrated into the Presidency of the Council of Ministers, with joint supervision and tutelage of the Ministry of Environment, Spatial Planning and Energy and the
Minister in the Cabinet of the Prime Minister and for Regional Development.
112
Marine Biotechnology
L
L
O
Marine mineral resources
Energy resources
L
O
O
Infrastructures
O
Tourism, sports and leisure
O
Scientific research
Nature conservation
O
Underwater cultural heritage
O
L
O
E
L
O
E
L
O
E
L
O
E
O
O
O
O
BO
E
O
BO
E
O
E
COI
O
IPDJ
O
PSP
O
GNR
O
DGTF
O
DGPE
O
IH
AMN
DGAIED
ANACOM
AP
IMT
ITP
ASAE
O
O
O
O
E
E
E
L
O
E
L
E
E
L
E
L
E
L
E
L
E
E
L
E
B
E
O
O
E
O
E
O
E
O
E
L
O
E
O
E
L
O
E
O
L
E
L
O
L
O
O
E
CCDR
L
L
O
E
APA
DGEG
IGAMAOT
L
O
O
E
L
O
Ports, transports and logistics
IPMA
ICNF
L
DRC
O
L
O
E
L
O
E
L
O
E
DGPC
Aquaculture
O
DRAP
Fisheries
DGRM
DGPM
Table 17: Main institutions involved (Portugal) in each activity sector and their specific role (L- licensing; B – binding opinion; O – opinion; E – enforcement).
O
E
O
E
O
E
O
E
E
L
L
BO
E
E
L
O
L
E
L
E
L
O
E
L
E
E
L
BO
E
L
O
E
O
E
O
L
O
E
E
L
E
L
BO
E
L
O
E
O
E
L
BO
E
BO
E
O
O
L
O
E
L
O
O
E
L
O
E
E
113
Licensing of activities in the maritime space becomes complex since it encompasses two
components: the licensing of the activity itself and the licensing for the use of the space. In most
cases these two components are the responsibility of different entities. The Portuguese Environment
Agency plays a central role in the licensing of all the activity sectors, mainly due to its competences
as the National Water Authority (issuing permits and authorizations for the use of water resources on
coastal waters) as well as the National Authority for Environmental Impact Assessment. Beyond
coastal waters, activities on the national maritime space have special requirements (resulting from
the space limitations posed by the Water Law) and are regulated by the Law establishing the bases
for spatial planning and management of the national maritime space.
4.12
Main conclusions
In Portugal the Sea is a national designium and its potential is based on the economic, social and
environmental appreciation of the ocean and coastal zones, benefiting the society. The relevance of
the sea and its related economic activities is due both to the country's geographical and geostrategic
positions as to traditional and cultural reasons. This is reflected in several policy and strategic
instruments, not only in those specifically targeted to maritime and coastal issues (e.g. national
ocean strategy, national strategy for integrated coastal zone management, national strategic plan for
fisheries) but also in transversal or sectoral instruments recognizing the sea as a factor to be
considered (e.g. national strategy for sustainable development, national program for land use policy,
national strategic plan for tourism, national strategy for transports and logistics).
The growing focus on the maritime activities led to the recent development and approval of the Law
establishing the bases for spatial planning and management of the national maritime space.
Moreover the role of maritime spatial planning or other governance instruments to ensure the
conciliation of uses and the need for an integrated approach, particularly for coastal zone
management, is acknowledged by different policy documents.
The analysis of the policy framework allowed the identification of some of the main national and
regional priorities that, when taken together with the pilot area characteristics, can be assumed as
future trends for the exercise. The most significant are:




qualification of tourism and development of ocean related tourism products;
sustainable development of fisheries;
strengthening of aquaculture production;
creation and implementation of a network of marine protected areas.
Instruments referring specifically the Algarve region highlight the relevance of tourism, particularly
maritime tourist activities, recreational boating and sports for regional development. Fisheries sector
is also very significant in the region where a number of fishing settlements and supporting
infrastructures can be found. Today the main concern is to ensure the activity’s sustainability and to
promote its complementarity with aquaculture production. In fact the region is well suited to
aquaculture, being already responsible for 78% of the bivalve production at the national level.
114
Other national priorities are not so relevant for the Algarve region due to its specific conditions. That
is the case of renewable sources of energy since the characteristics of the continental shelf and the
conditions of the national energy market diminish their importance in the current context.
Technological solutions need to be found and matured in order to improve the attractiveness and
competitiveness of renewable energies in the maritime space. Also, the enhancement of
international connectivity through the improvement of ports infrastructure is considered at the
national level but the priority will be ports of greatest importance and international potential which
are located in other regions of the country.
As for the other side of the border, Spain has no specific legislation to conducte maritime spatial
planning. In sectoral terms, the State Administration is responsible for regulating most maritime
activities. Law 41/2010 allows for intervention in all jurisdictional waters by means of the various
regional strategies and there is an Inter-ministerial Commission for the management of the marine
strategies.
From the sectoral point-of-view, there is a series of priorities that can be condensed into two broad
facets:


the management of sectors (tourism, conservation, energy, etc.) with regard to their
relationships with the terrestrial-maritime public domain;
inter-administration management to favour the implementation of some sectors consistent
with the marine environment on the State, autonomous region and local levels.
Regarding the management of the coast, one of the peculiarities of Spain is the distribution of
competences between different Public Administrations that results from the Spanish political and
administrative system. The Constitution confers the majority of public duties for this issue upon the
General State Administration and the Autonomous Communities while leaving a limited yet very
important sphere of competences to local administrations. One of the resulting problems is the
obstacle to a proper administrative coordination.
The Coastal Law is the fundamental law for the tutelage of the maritime-terrestrial public domain.
The management of maritime-terrestrial public domain is the responsibility of the State although
some responsibilities have been transferred to Autonomous Communities. Despite the importance of
the Coastal Law in shaping coastal-maritime management policy, this Law does not provide sufficient
mechanisms for developing authentic ICZM. There is no specific legislation for the integrated
management of coastal zones in Spain but instead an abundant set of sectoral legislation for the
coast.
The numerous public policies that affect the coast reveal a wide divergence of interests and
standpoints (some champion economic growth whereas others defend sustainable development).
This adds to other important political, institutional, and social problems, such as the various levels of
administration (“vertical” complexity) and the sectoral aspect of legislative and executive actions
(“horizontal” complexity), the emergence of new environmental and social demands that require
new channels for expression and public participation, and the lack of adequate technical and
financial management instruments.
115
Thus, in relation to the territorial management of coastal areas and maritime space in Spain some
key points deserve notice:







territorial planning and urban development are the responsibility of the Regional
Governments;
coastal planning is an exclusive responsibility of the Autonomous Communities;
there is no legal delimitation of the coastal zone (the Coastal Law defines only the maritimeterrestrial public domain);
territorial planning and urban tevelopment plans may cover the coastal area but this does
not include the maritime area beyond hydrographic zero;
there are no spatial plans that cover the coastal zone (land-sea interface) in its entirety;
maritime space (internal waters, the territorial sea, EEZ, etc.) can be planned for under new
Law 49/2010 (Directive 2008/56/EC);
Despite the existence of several strategies for the management of marine space and the
range of measures included in these, their implementation tends to be weak.
A new political approach is required to improve the spatial planning system, in which the subject of
integration is a key aspect for an effective and rational territorial intervention. This political and
administrative integration must also be accompanied by the integration of public and private
interests as well as of the political decisions of public authorities and the demands of civil society.
It is also important to highlight the importance of transboundary cooperation between Portugal and
Spain which is acknowledged in different sectoral documents, namely those related to fisheries,
coastal management, nature conservation and sustainable development.
116
5.
Selection of relevant transboundary uses and activities
In the transboundary context and considering the transnational dimension of marine characteristics
and resources, and the existing uses and activities, the interaction between neighbouring is a
relevant issue. Regarding uses activities, it is important to distinguish those essentially cross-border
and those performed by national authorities (in national jurisdiction) but requiring interaction with
other states. Therefore, transboundary issues can be generally grouped into three types:



5.1
Shared resources;
Cross-border uses and activities;
Cross-border impacts.
Shared resources
A shared resource is one where two or more countries actually share ownership, stewardship or
exploitation of a natural resource (‘asset’), the quantity, quality and availability of which is linked
between countries (e.g. gas reservoir, fish stocks).
The existence of resources shared by two states (figure 52) creates interdependencies among them
and implies shared responsibilities in management. Shared resources can also be regarded as
common pool resources, since most of them are subtractable and non-excludable, posing collective
action problems. Mobility, in the case of fish stocks, increases the complexity of the resource itself
(Grilo, 2011).
Effective management of shared resources might involve the identification of common interests, the
definition of a joint vision and common objectives, ultimately requiring collaboration.
Figure 52: Examples of shared resources among cross-border states - fish stock targeted by both
fishing fleets and cross-border gas reservoir exploited by both countries.
117
5.2
Cross-border uses and activities
Cross-border uses and activities are those maritime activities undertaken by a country which require
transboundary movements (e.g. navigation, nautical activities) or use (temporary or permanent) of
space under the jurisdiction of the other country (e.g. laying of cables and pipelines).
Cross-border uses and activities (figure 53) shall be dully considered during planning process,
requiring a coordinated organization of space (through the definition of specific corridors for
example).
Figure 53: Examples of cross-border activities: recreational activities such as diving and navigation.
5.3
Cross-border impacts
Exploitation of resources in areas of national jurisdiction may cause negative impacts in areas under
the jurisdiction of the neighbouring country. Such negative impacts may be translated as
environmental, economic or social effects.
Three types of situation may occur:

Maritime uses and activities with negative impacts in the marine environment (figure 54);

Land-based activities with impacts in the marine environment (figure 55);

Maritime uses and activities with impacts on the coastal zone (figure 56).
118
Figure 54: Examples of maritime national activities with potential marine cross-border impacts:
aquaculture and offshore wind farm.
Figure 55: Example of land-based national activities with potential marine cross-border impacts:
wastewater treatment plant discharge.
Figure 56: Examples of maritime national activities with potential coastal cross-border impacts: oil
exploitation pollution episode.
119
All these situations shall be carefully considered in order to achieve a full spatial integration across
the land-sea interface.
The prevention and mitigation of cross-border impacts require consultation and cooperation among
states when planning national uses and activities.
It should be noted that cross-border environmental impacts are addressed by the Convention on
Environmental Impact Assessment in a Transboundary Context, stating that an environmental impact
assessment shall be undertaken prior to a decision to carry out an activity likely to cause a significant
adverse transboundary impact.
5.4
Algarve - Gulf of Cadiz transboundary context
Considering the pilot area characteristics and the existing marine resources the relation between
shared resources uses and activities is presented in figure 57.
Figure 57: Relationship between marine shared resources and maritime uses and activities in the
Algarve-Gulf of Cadiz pilot area.
In the domain of living resources traditionally fisheries are the most relevant transboundary activity
in the area. The occurrence of fishery resources extends throughout the area and the activity
develops along the coast and in open waters within territorial sea and contiguous zone, and even
beyond 24 miles.
The richness and diversity of other biological resources, either within the water column or at the
seabed, assume a role as a shared resource that can be a development factor for other marine uses
and activities, such as marine biotechnology and aquaculture and even marine protected areas.
120
In the domain of non-living resources, activities related to the management of coastal and marine
sediments (sand dredging and sand extraction for artificial beach nourishment) are the most relevant
form of exploitation of shared resources.
The occurrence of mud volcanoes in the pilot area may presuppose the existence of an eventual
shared resource, at the level of oil and gas activity.
In the next table the uses and activities identified in the pilot area Algarve-Gulf of Cadiz are classified
in terms of their cross-border relevance: 'existing cross-border activity' (those already being
developed across the border); 'possible cross-border activity' (those able to be developed in a
transboundary context taking into account the area's characteristics and marine resources), and;
'non-relevant in the transboundary context'.
Table 18: Cross-border relevance of uses and activities.
USES AND ACTIVITIES
Navigation
x
Fisheries
x
Aquaculture
»
Marine biotechnology
»
Marine Protected Areas (MPA)
»
Laying of pipelines and cables
x
Exploitation of non-living resources
»
Dumping
o
Power generation
»
Military activities
o
Carbon Capture Storage (CCS)
o
Marine scientific research
x
Wrecks and other historic features
»
Tourism, nautical and recreational activities
x
Port and Places of refuge
x
Other uses
o
x - Existing cross-border activity
» - Possible cross-border activity
o - Non-relevant in the transboundary context
In the transboundary context, the activities that by their nature or intensity may directly or indirectly
affect a shared resource are relevant for the analysis of cross-border impacts, which may result from
actions affecting the characteristics and/or quality of the resources or the introduction of pollutant
or contaminant substances or other elements. High resource extraction or exploitation may also
cause cross-border impacts.
121
Conflicts between uses and activities can also be considered as a cross-border impact, particularly
when an activity may limit or condition the development of cross-border activities.
Considering the above and the governance framework analysis presented in section 4, the following
activities were considered relevant for the pilot area Algarve-Gulf of Cadiz, constituting possible
areas of common interests in this particular cross-border context:

Fisheries and Aquaculture
Fishing is the oldest activity of exploitation of marine living resources and is particularly significant in
the pilot area, not only for direct supply of fish but also for the fish processing industry. This activity
is very important at the social level, as the preservation of traditional fleets is essential for coastal
populations relying on fishing and hardly exchangeable to other activities. Fleets have clearly
decreased in the last two decades regarding both the number of vessels and the capacity of each
vessel, due to the implementation of Common Fisheries Policy. Finally it is an anchor for local tourism
given its relevance to regional gastronomy.
In the transboundary context this activity is regulated by the EU Common Fisheries Policy, whose
objective is to ensure the sustainability of commercial fishing in an economic, social and
environmental perspective. Also, a bilateral agreement is in place establishing the conditions for the
Spanish and Portuguese fleets’ activity in the waters of both countries.
The increasing consumption of sea products cannot be assured solely by fishing activity, therefore
aquaculture is essential to satisfy the rapidly expanding demand. In the near future the growth of
aquaculture production is the only way to increase the national production of fish. The pilot area has
natural conditions favourable to aquaculture activity. It comprises a wide variety of habitats being
considered one of the richest zones either in biological terms either by water productivity or variety
of species. The strengthening of aquaculture production is one of the Portuguese policy priorities
identified in the policy framework analysis, being expected an increase of aquaculture production in
the coming years and, most likely, the installation of offshore facilities in the pilot area.

Tourism and coastal management
Tourism is a relevant activity in the pilot area, not only due to its current importance but also due to
its development potential in the short term. Both countries have pointed out tourism within a
sustainable basis at their national and/or regional strategies.
One of the main touristic values are the sandy beaches and there is a high national and international
demand as these beaches are a popular touristic attraction and one of the main factors for the social
and economic development in the region.
Despite its great scenic and environmental value, several beaches are threatened by coastal erosion,
which has driven the local authorities to seek solutions for improving the situation through the
122
development of a diagnosis of the current situation, control of urban occupation near coastal areas
and search for local sources of materials to reduce the deficit in supply of sediments.
The new touristic offers include the existing resources, with emphasis to sports and nature tourism.
Within this issue, ports and harbours have a key role, which shall be enhanced taking into account
coastal protection, landscape, scenic and natural resources of the region (namely protected areas).
Furthermore, there is a set of activities which offer a wide range of services related to the sea, such
as boat renting (with or without crew), underwater circuits and recreational fishing. Other attractive
touristic values are surfing spots, more significant in the Portuguese coast, regattas and recreational
boating. Surfing conditions may be particularly sensitive to works carried out on the shoreline, which
change substantially the beach profile.
The need for a coordinated intervention in terms of hazards prevention and response (e.g. pollution)
and for the development of proactive measures concerning coastal resources valuation in
transboundary areas through the cooperation between Portugal and Spain is highlighted in the policy
framework.

Nature Conservation Features/Marine Protected Areas
The pilot area has a high diversity of habitats and species of local, national and international interest,
being one of the areas with the greatest natural wealth of the Iberian Peninsula. These
characteristics led to the identification and classification of areas with different protection status,
namely Sites of Community Interest (SCI), Special Protection Areas (SPAs), Ramsar sites and
Biosphere Reserves, among others.
The protected areas network is currently in expansion in Spain, with the designation of marine SPA as
the Gulf of Cadiz, the maritime space at Tinto y Odiel and also the maritime SCI (currently under
public consultation) named Volcanes de Fango del Golfo de Cadiz. This last area is characterized by
the presence of methane emissions and communities that ease the precipitation of carbonate rocks,
especially the presence of habitat 1180 “Submarine structures produced by leaking gases”.
It should also be noted that protected areas conservancy in the pilot area is essential for the
promotion of nature tourism. The adoption of adequate management plans is a requirement for its
sustainable use and proper enjoyment.
Portuguese policies and strategies on nature conservation acknowledge the importance of LusoSpanish relations, mainly through cooperation and protected areas on both sides of the border.

Energy Resources
The exploitation of non-living resources such as gas is already carried out in Spain and there is a vast
area identified for prospection in Portugal. Prospecting activities will provide data and allow a better
knowledge of the areas with potential for exploitation. Offshore wind energy is a new business of
remarkable growth. Such growth has been driven by the political will to address global warming
problems. Although this activity does not occur in the pilot area Spain has already studied the
123
potential of some areas for this activity and its implementation will have environmental and
economic gains.

Ports and Navigation
Ports promote the social and economic growth of their influence area, not only due to their impact
over cargo and passengers transport but also due to the development of several services, such as
fishing, water sports and other nautical activities. In general all ports have facilities for water sports.
The pilot area has an intensive port activity, with a total of 25 ports.
Regarding navigation, this area is crossed by the most important and busiest shipping lanes crossing
the Mediterranean Basin and Africa, leading its traffic to North Europe, and the Strait of Gibraltar is
an arrival point of first order, where important navigation flux converge with great traffic intensity.
This area is one of the most regulated, due to the convergence of activities that interact in the
maritime space and that have a high risk level. A great number of ships crossing daily the pilot area
are carrying oil or other hazardous substances.
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6.
The planning context
6.1
Analysis of pressures, conflicts and opportunities
The characteristics of the pilot area maritime space, including the characteristics of the shelf, depth,
the distribution of natural resources and low intensity of activities explain that in the present
conflicts are absent or occasional and of little significance.
There is a set of activities developed in the maritime space which already consider transboundary
issues, in accordance to sectoral rules established in the framework EU policies (such as fishing and
navigation). However other activities (such as tourism, maritime sports and leisure) are developed
and promoted without taking advantage of possible synergies that can be generated by an integrated
transboundary approach.
On the other hand, activities with a strong potential for development, such as aquaculture and the
exploitation of non-living resources which already occur in the pilot area and are expected to be
boosted in the framework of the blue economy, should be based on a sustainable approach, seeking
their compatibility with other uses and activities, both in spatial and environmental terms.
Environmental issues such as the preservation of natural resources and the protection of important
species and habitats must also be carefully considered in the transboundary context.
In what regards current and future conflicts or interactions they may be analysed in the following
matrix (figure 58). This matrix confronts the existing uses and activities in the maritime space with
the uses and activities previously identified as most relevant for the pilot area.
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Figure 58: Matrix of interactions between maritime and coastal uses and activities in the Southern
Pilot Area.
The analysis of this matrix can draw some important conclusions for the exercise, which should be
considered whenever possible in the transboundary vision.
Nature conservation features are potentially affected by uses and activities related to the
exploitation of resources on the seabed or marine subsoil, such as bottom trawling, gas exploitation
and sand or gravel extraction and mining. At this level it is important to highlight the importance of
protecting and preserving the nature conservation features and its potential added value for tourism
in the pilot area. Therefore, the impacts of fishing activities on nature conservation features must be
minimized, namely through the regulation of fishing gears regarding the protection of habitats and
species. On the other hand, breeding areas essential for fish stocks should be identified and rules
should be defined for their management and sustainable development.
Fishing, aquaculture, gas exploitation and wind farms, by their characteristics and occupation of
maritime space, are the activities that may conflict the most with the remaining uses and activities
and the spatial solutions to minimize conflict may be reduced. This will be particularly important for
126
the proposed marine protected area of the Gulf of Cadiz that can be affected by wind farms and sand
mining.
In the contex of cross-border activities it is worth to mention that fishing may interfere with tourist
activities.
In general terms, the remaining activities in the pilot area are mostly compatible with each other and
potential conflicts may be resolved either through spatial planning solutions or other appropriate
management mechanisms.
As for coastal issues, the high sensitivity of the coastal zone in the pilot area, both in terms of erosive
phenomena and of anthropogenic pressure, stands out as one major factor to be considered in the
maritime spatial planning and coastal zone management. It is important to highlight that erosive
processes do not have administrative boundaries and coastal protection is only guaranteed through
coherent and effective measures at the physiographic scale/unit. Therefore it is convenient that both
countries coordinate efforts regarding, for example, the stabilization or improvement of beaches,
since actions taking place within each territory may affect the other. For that, prospecting and
exploitation of sand sources for beach nourishment should be a priority, as well as the optimization
of the sedimentary resources in the pilot area. Beaches with highest touristic or environmental value,
expected to produce a better economic and environmental profitability, should be considered as
priority for action.
A clear example of the fragile equilibrium of the coastline, requiring coordination between the two
countries, is the dredging or any other action developed in the Guadiana River. Dredging works in
Guadiana, currently under discussion, are particularly relevant for cross-border tourism since they
would allow the navigation of large size vessels and hence new tourists in the coastal municipalities
of Guadiana.
Also on what regards coastal erosion problems in the pilot area, any new port infrastructures should
be carefully planned and studied in order not to alter the coastal dynamics and prevent the
aggravation of erosion problems. In fact, the pilot area already has a great number of ports. The
expansion of the ports sector needs to take into account, not only the existing ports infrastructures
in both countries, but also the planned infrastructures in the neighbouring country, in order to
promote an adequate distribution of the offer. In particular, the growth of recreational and fishing
ports has to consider the existing and expected tourist demand, and take into account the effect of
new structures on coastal dynamics.
6.2
Specific objectives for the pilot area
Specific objectives for the pilot area were established having into consideration the strategic
objectives previously defined and the particular characteristics and needs of the area. The following
objectives were established and latter validated by stakeholders:
1. To ensure complementarity of uses and cross-border activities;
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2. To ensure the coherence of the strategic options for the development of the maritime
economy from each member state;
3. To promote the establishment of management common objectives for shared resources;
4. To promote the clarification of procedures on cross-border activities and impacts;
5. To contribute for the implementation of a common information platform (share interest);
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7.
Developing and Testing Options
The planning and management of a transboundary area pose significant challenges to the relation
between the neighbouring countries, particularly in the institutional dimension. Depending on the
type of cross-border issues various solutions can be found, combining different levels of interaction
between the states. While issues related to transboundary impacts can be resolved through simple
mechanisms of information and consultation, the management of shared resources should imply the
sharing of responsibilities, ideally through collaboration.
From a conceptual point of view, maritime spatial planning in transboundary areas may happen
through one of the following approaches:
1) “Independent processes”: neighbouring states develop and implement, independently, their own
MSP processes. In such cases there is no a priori guarantee of integration or coherence in the border
area, there are no synergies between Member States. As a consequence mechanisms may be
necessary to solve resulting conflicts and harmonize cross-border uses and activities, potentially in a
“case-by-case” manner, in response to specific situations.
2) “Transboundary harmonization”: information on the objectives, uses and priorities set by each of
the bordering states is exchanged by the end of the elaboration process of national MSP or at the
implementation stage. This allows the identification of potential transboundary impacts and/or
conflicts and their corresponding expression and implications (spatial expression, environmental,
social and economic costs, etc.) and the states may engage negotiations to minimize such effects and
establish compromise solutions. Stakeholders do not participate in the MSP process of the
neighbouring country.
3) “International collaboration”: member states work together since the early stages of the planning
process, identifying common interests, defining a joint vision and establishing common objectives for
the transboundary area. This requires a combined analysis of data and information and the
harmonization of geographic data to allow an integrated view of the transboundary area. Such
collaboration results in the development of shared solutions for MSP and consequently a stronger
coherence of uses and activities in the area, present and prospective/potential. The analysis of the
policy framework and the governance model is part of the process allowing planners from both sides
of the border to understand the differences and similitudes between the countries. Stakeholders are
encouraged to participate on the MSP process of the neighbouring country.
Based on these theoretical approaches, the TPEA exercise has developed some management options
(scenarios) for the main transboundary uses and activities previously identified as most relevant for
the pilot area. Scenarios were developed for:
• Shared resources and different forms of use;
• Cross-border activities, considering different alternatives in terms of their development.
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In the case of shared resources different options were taken into account concerning the interests of
the neighbouring countries:
• Differing interest, considering the independent development of different activities.
• Commitment, considering the development of different activities in the area common
interest, but assuming the compromise of reducing cross-border impacts;
• Common interest, considering the development of the same type of activity in the area of
common interest, promoting synergies and cooperation;
Regarding cross-border activities the different options considered their independent development by
each country, opposed to some form of integrated development across borders, promoting
cooperation.
The exercise has been supported by maps illustrating the different scenarios, helping the
visualisation of the hypothetic situations.
Each scenario was discussed with stakeholders in terms of advantages/disadvantages and
mechanisms required for its realization (for example at the governance level, integrated planning
tools, etc.).
7.1
Shared resources
Resources Preservation (Marine Protected Areas) vs. Resources Exploitation (Gas exploitation)
Based on the characterization of the area and the existing natural resources, the following shared
resource was identified: the continuous cross-border area of Habitat 1180 - Submarine structures
made by leaking gases (mud volcanoes). In the Spanish side there is a marine protected area
proposal for the preservation of this habitat. However, the presence of other resources under the
seabed, including gas, justifies the interest for prospecting and possible exploitation in the
Portuguese side, and the prospecting licencing is already in place.
Figure 59: Marine Protected Area and Habitat 1180 Mud Volcanoes.
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Scenario 1: Common interest
Considering the proposal to create a Marine Protected Area (MPA), the spatial organization of the
common interest area could evolve towards the delimitation of a MPA covering the entire shared
resource with different management options (joint management, coordination, etc.).
This scenario seeks a greater integration in the border area, based on mechanisms for cooperation
and synergy between the neighbouring states. The proposal of an MPA covering the entire shared
resource, considering coherence of protection strategies, will require a greater commitment from
both member states and a careful analysis and consideration of environmental, social and economic
interests, later reflected in a spatial organization that will allow the coexistence of uses.
Scenario2: Commitments
Considering the proposed MPA, the spatial organization of the area of common interest could evolve
towards the existence of two distinct zones:
- one allocated to the MPA;
- the other one allocated to resource exploitation (e.g. gas).
Although considering the existence of different activities their development requires the
establishment of commitments to minimize negative impacts and interactions that may be
translated, in spatial terms, by a buffer zone.
Scenario 3: Differing interest
Considering that existing resources may be subject to different forms of use, the spatial organization
may evolve towards the definition of distinct areas allocated to different purposes (marine resources
protection, through an MPA, and marine resources exploitation, such as gas extraction) without
considering any interaction between the two neighbouring states, apart from compliance with
legislation in force.
The different scenarios are presented in figure 60.
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Figure 60: Schematic representation of the different scenarios studied for the area of common
interest (shared resources).
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STAKEHOLDERS’ OPINIONS
Advantages / positive aspects
- In the management of shared resources it is recommended to have a joint vision between the
neighbouring countries;
- The shared management of the resource would be desirable but that is only possible if there is no
overlapping responsibilities and with a strong political will;
- Compromise solutions should be favoured, avoiding diverging approaches;
Disadvantages / obstacles
- Jurisdictional powers are not the same in all maritime zones which may pose difficulties in the
management of MPA outside the territorial sea;
- Political interests often overcome technical issues;
Needs
- Environmental Impact Assessment should be carried out covering the transboundary area in order to
have an integrated vision;
- Detailed technical studies to assess the compatibility between activities and whether there are
reasons to extend the protected area in the Portuguese area;
- Improve the communication between the two countries;
- Find a model that ensures the integration of all interests;
7.2
Existing cross-border activities
Tourism, nautical and recreational activities
Tourism is a relevant activity in the pilot area with sandy beaches being one of the main touristic
attractions with a high national and international demand. In fact these beaches are one of the main
factors for social and economic development in the region.
The tourism offer is focused on sports, nautical and recreational activities, based on the natural
conditions and infrastructures network, and also on nature and heritage tourism. Furthermore, there
is a set of activities offering a wide range of services related to the sea, such as boat renting (with or
without crew), underwater circuits and recreational fishing.
Figure 61: Tourism, nautical and recreational activities in the pilot area.
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Scenario 1: Common interest/Commitments
Considering the existence of support infrastructures to nautical and sport activities (ports and
marinas) in the pilot area, as well as protected areas and underwater heritage, the scenario explores
an approach of integrated development of activities across the two neighbouring countries, based on
the cooperation between member states, under the umbrella of common interest, and the
development of synergies between local, municipal and regional actors. Such integrated
development can be focused on a particular type of use or activity, e.g. recreational boating/marinas,
or be applied to a set of recreational activities such as integrated circuits for nature tourism or
underwater activities.
Figure 62: Schematic representation of scenario 1 (common interests/commitments) for tourism,
nautical and recreational activities.
In this scenario there is no integration or cooperation; the exploitation of tourist values in the pilot
area is developed through independent initiatives, based on national strategies, plans and other
national, regional or local initiatives, with no interaction and coordination between the two
neighbouring states and therefore without any translation in the transboundary MSP approach.
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Figure 63: Schematic representation of scenario 2 (differing interest) for tourism, nautical and
recreational activities.
- Synergies between the two countries should be explored;
- For tourists there are no borders therefore an integrated approach should be promoted;
- The cross-border perspective of tourism is desirable and could begin with very specific
activities/products (cruises, nature tourism);
- The improvement of nautical routes for tourism activities can be advantageous for both countries;
- There are some experiences where some compromise/convergence efforts have been achieved
(Eurocity and Euroregion);
- Commercial issues and national visions may constitute constraints;
- The regulation of the economic activity depends on each state and the existence of different rules
and rates is discouraging;
- Market issues are determinant in the implementation of common strategies;
- A common approach may only be possible for very specific activities or products (e.g. cruises);
Needs
- It is crucial that both sides of the border have knowledge of the rules of each other (to avoid
penalties resulting from unawareness);
- There is a need of legal harmonization concerning nautical activities;
- Standardisation is an important factor for an integrated management;
- Involvement of authorities from both sides, namely at the enforcement level;
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7.3
Future cross-border activities
Aquaculture
The aquaculture is an increasing sector and can provide an alternative for fish demand. The pilot area
has natural conditions favourable to aquaculture activity. It comprises a wide variety of habitats
being considered one of the richest zones either in biological terms either by water productivity or
variety of species. The strengthening of aquaculture production is one of the policy priorities
identified in the policy framework analysis and an increase of aquaculture production is expected in
the coming years, most likely reflected in the installation of offshore facilities in the pilot area.
Aquaculture establishments at sea imply the allocation of maritime space for the development of the
activity and require a number of support infrastructures in the sea, namely maritime signalling to
ensure maritime security and facilities' integrity. The activity requires also land-based infrastructures
not only linked to maritime transport logistics but also for reception, processing and storage of
aquaculture products.
Figure 64: Fisheries and aquaculture activities in the pilot area.
Scenario 1: Common interest/Commitments
The development of a common area for aquaculture may be an option for the spatial organization of
the pilot area, aiming to optimize the required infrastructures and equipment. In this scenario it is
important to analyse the policy framework and the governance model, in order to find forms of
convergence and synergy even when national priorities are different, and to evaluate the cumulative
impacts.
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Figure 65: Schematic representation of scenario 1 (common interests/commitments) for aquaculture.
Opposed to Scenario 1, the exploitation of the aquaculture in the pilot area may be independently
promoted and without any coordination between the two neighbouring states. This scenario does
not consider any form of integration nor the common evaluation of effects, even if it is a share
resource.
Figure 66: Schematic representation of scenario 2 (differing interest) for aquaculture.
137
- It is desirable to have an integrated assessment;
- It is important to have good communication between member states at different levels;
- Establishing synergies/common approaches is complicated when economic activities are involved;
- There are several entities intervening in the two countries;
- Production costs make the activity more or less competitive between countries which will dictate
the industry position and determine the choices;
- It would be difficult to promote a joint approach for the licensing of this activity;
Needs
- Carefully analyse the several aquaculture projects and the relation between them since there are
very similar uses that compete with each other
- For a common approach it is essential the legal harmonization between the two countries (taxes,
conditions, term, procedures, etc.) and an effective enforcement;
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8.
Conclusions
The approach to the pilot area established in the transboundary Maritime Spatial Planning
demanded considering the Strategic Objectives set for TPEA project and develop an exercise focused
on the specific objectives, which were subsequently agreed and validated with the stakeholders.
Boundaries in the Pilot Area
Maritime space boundaries between Cadiz and Portimão have been established in an attempt to find
a reality that would act as a reference in the transboundary context. This exercise was not as easy to
perform as one might expect at first. From the start strict limits were considered based on distances
to the coast by reference to the different areas of the maritime space defined by the United Nations
Convention on the Law of the Sea (for example territorial waters – 12 nm, contiguous zone – 24 nm),
but rapidly this criteria was considered insufficient, as well as the establishment of concentric areas
based on the boundary line. It was thus fundamental to find other criteria that could incorporate
information about the coastal zone, identifying areas where there is greater activity and interference
with the maritime space, but also to understand the nature, requirements and location of existing
uses and activities, and the potential ones in a wider area. This allowed establishing criteria in order
to sustain the delimitation of a pilot area. In any case this exercise was not an attempt to draw a
maritime border, matter which should be addressed within the appropriate bodies, but using only a
reference line.
Governance Model, Legal Instruments and Licensing Procedures
TPEA is focused on transboundary areas therefore it was essential to understand the strategic vision
of each Member State for the sea, identify the main (existing and potential) maritime uses and
activities and those desirable to occur in the transboundary space.
Understanding the governance models and policy, management and planning tools available proved
to be an important task to identify differing aspects, but also to understand which are the issues that
demand more attention or those which are conflicting at this level. It is essential to accomplish this
task at an early stage of the process in order to develop communication relationships, to explore
similarities and to develop possible synergies. Differences between governance models must be
assumed as part of the MSP process, focusing on establishing the necessary bridges to a common
view among Member States, rather than seeking to impose a single model. This was obvious while
working in the South pilot area, where Spain’s governance model is shared among the Autonomous
Regions and the central government, opposed to Portugal which has a centralized model, with clear
hierarchy between national, regional and local authorities.
If on one hand, international framework justifies the existence of a common basis which finds
expression at the European strategic instruments level, such as the Maritime Strategy for the Atlantic
139
Ocean Area, on the other hand this framework is a reference for national legislation developed to
meet common goals (ex.: MSFD, WFD, EIA,…).
The analysis of the legal instruments at Member States level has highlighted the different approaches
and stages, both regarding planning tools, coastal zone and maritime management, either in terms of
different sectors and its regulatory nature. If, on one hand Portugal has a coherent set of instruments
between strategic and operational level, favouring an integrated vision both on maritime space and
in coastal zone, Spain, has a more fragmented set of instruments, although they are also reflected in
the coastal zone and in the maritime space. This analysis allowed identifying the most relevant legal
framework of the pilot area, the uses and activities considered and allowed to establish a common
reference basis which was essential to identify common and differing practices. There was also an
attempt to identify licensing procedures within each use and activity. Different evolution stages and
legal frameworks cannot hinder cross-border cooperation at MSP level, but must instead promote
information flow and ease communication. The standardization of legal instruments and procedures
is difficult to achieve in issues where subsidiarity principle is necessary, but it is important to
establish basis for cooperation and understanding.
Stakeholders
The involvement of stakeholders in any MSP process is of recognized importance, and participation
must be ensured since the first stages of the process. For TPEA and in particular for the exercise on
the south pilot area, it was possible only to engage gradually, being a challenge to effectively gain the
stakeholders adherence. If, on one hand was necessary to identify different relevant stakeholders
and capture their interest, on the other hand was also necessary to develop new forms of
communication that allow overcoming differences in language and different levels of knowledge on
MSP.
Despite adherence was growing in number, participation was difficult to integrate all activity sectors,
being the majority from public administration, or representatives of professional associations. It was
acknowledged that quality participation was possible mainly when answering to panel discussions
placing specific situations. Establishment of trust relations, throughout the process allowed
improving communication, although there was a tendency for higher empathy between people from
the same activity sector.
The use of geographic information has been fundamental to support the dialogue and the TPEA
viewer with all its geographic information available proved to be essential to facilitate
communication. Stakeholders expressed their satisfaction on the use of such tools assisting the
dialogue between them and with administration and also allowing an integrated view of maritime
space.
The rather short duration of the project, incipient culture of participation, short levels of knowledge
on MSP process and the use of different languages among Member States were aspects mentioned
when considering the constricted outcomes.
Moreover, the investment made to promote stakeholder involvement must also be highlighted,
either by dissemination of knowledge and practices of MSP and the achieved receptivity, trust
140
relations established and the importance given to the use of visualization tools, at a first step (GIS)
and at a second phase with interaction (TPEA viewer).
GIS – TPEA Viewer
The work developed on information, namely the spatial information one, proved to be important,
more than ever, when working at transboundary level, as it is paramount to use relevant
information, with consistent and quality data and the possibility of comparing it. There was, from the
start, the need to identify all the available information regarding the marine environment, but also
the different sectors of activities and uses relevant to the pilot area. The job of matching the
information that was necessary in order to have a single basis of visualization, coherent and
consistent was beyond being purely technical issues and required a common reference system where
not all information was used, favouring the one that could be integrated.
If GIS is an essential tool for MSP, the development of a viewer was proven to be fundamental for
support the decision process in MSP and an instrument that promotes and facilities communication
and transparency throughout the process. Again, the schedule of the project did not allow exploring
all possibilities. However, it was possible to recognise the importance of their development to a
three-dimensional approach to space by associating information to decision processes (licensing) and
others. It may be an important basis of communication among stakeholders and administration
representatives, facilitating cooperation among neighbouring Member States.
Scenarios
Scenarios were developed based on the available information, taking into special consideration
existing shared resources, uses and activities, previously identified as the most relevant for the pilot
area. Alternatives were studied in order to explore different options, trying to find planning solutions
based on areas of common interest and to create synergies. Scenarios explored mainly two types of
situations: a) an integrated approach with a common vision for a specific use or activity, encouraging
cooperation between the two Member States; b) independent approaches, where the development
of the same use or activity is carried without any cooperation or integration between the two
Member States.
The task of information harmonization and building of a common geospatial system was
fundamental for the development of the scenarios. Such task has provided an integrated view of the
pilot area and knowledge of the governance models and legal and policy frameworks, allowing the
identification of convergence and divergence points arising from different frameworks and options.
Therefore the scenarios were based on real data, exploring two different situations, one that
addresses the possibility of consensus for an area on which divergent interests exist over a resource
(exploitation versus protection) and another exploring the transboundary approaches to a specific
use or activity, integrating land-sea interactions.
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So far there is no tradition of transboundary cooperation on maritime spatial planning, justified by
the characteristics of the maritime space in question, an open sea area shared between two
countries, and by the small use of the area, which has not required any integration efforts (neither
formal nor informal). This situation must be regarded as an opportunity to establish, from early
stages, the best and most effective forms of cooperation to ensure the sustainable use of the area.
Although the approach taken for the pilot area has focused, since the beginning of the process, an
integrated vision of all the existing and potential uses and activities, the discussion of scenarios has
shown that it might be important to have good practice guidelines, developed by the two Member
States, by activity sector. This can be helpful in achieving a consensus basis in situations of
divergence or to develop synergies across borders, promoting the dialogue required for the planning
and management of an area of common interest. This procedure can be instrumental in promoting
greater transparency of the MSP process and communication between Member States and in
reducing the discretionary level.
Good practice guidelines should internalize the development requirements of each activity,
considering the possible need of interaction with land, and showing how each activity should interact
with others, in order to optimize the use of maritime space in a sustainable manner.
The need to reconcile divergent interests seems to be easily perceived and there is a will to establish
a negotiation basis even without having to evoke national legal instruments or international
agreements. National and regional strategies for development, with some degree of influence over
the maritime space, can play a determinant role, highlighting the need to establish a platform for
communication and negotiation from the early stages, which is not always easy due to the different
stages of MSP development in the two neighbouring countries. Nevertheless, for the pilot area, TPEA
has shown that this is a possible path.
Consensus should be taken at the most appropriate level of decision, depending on the questions to
be resolved and after consulting the stakeholders, particularly the activity sectors concerned. The
decision-making process should be based on the adequate weighting of the values involved
(economic, environmental, social and cultural), in view of the good practices that may be
established.
The scenarios developed have shown that, although an integrated approach has advantages, by
promoting a continuity of uses without regard of administrative boundaries (for example in the case
of recreation, tourism and nautical activities), the underlying economic interest may constitute a
constraint, surpassing those advantages. Likewise, differences between the legal regimes in each
country can hinder the integrated approach.
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Nevertheless, an integrated approach for a given use or activity relevant for both counties (such as
aquaculture) may be possible, allowing a better perception of cumulative effects and the exploitation
of synergies inherent to the activity. Stakeholders perceive this approach as positive, highlighting the
importance of integration in relation to procedures required by both countries, namely in terms of
land-sea articulation.
The need of a platform for conflict resolution and consensus building was recognized in all the
scenarios. Such platform or structure must ensure the participation of representatives of both
Member States, depending on the existing governance models.
In summary:

GIS with harmonized spatial information - data to be used in the transboundary MSP exercise
should be those common to the countries sharing the area of common interest, privileging
quality and consistency over quantity. Nevertheless, all relevant information should be
considered during the planning process even it is not in a geographic format and efforts
should be made for establishing common protocols of monitoring to ensure comparability of
information among countries in the future.

The TPEA viewer is an important tool for the visualization of the area of common interest
and fundamental for management support. Spatial information already available should be
complemented with descriptive information that allows the knowledge of procedures linked
to the use of specific areas, as well as the integration with other types of information, in
particular concerning the environmental quality and safety. This tool is also important by its
role in facilitating communication between the several actors in the public sector and
between them and the private agents. The information update is essential for an effective
use of this tool in supporting the planning and management of maritime space.

Dialogue between states should be established in the initial phase of the transboundary MSP
process, promoting communication, knowledge of governance models, processes and
national and regional strategies and instruments influencing the area, and a greater
transparency and cooperation between the neighbouring countries.

Good practice guidelines should internalize the development requirements of each activity,
considering the possible need of interaction with land, and showing how each activity should
interact with others, in order to optimize the use of maritime space in a sustainable manner.

Consensus should be taken at the most appropriate level of decision, depending on the
questions to be resolved and after consulting the stakeholders, particularly the activity
sectors concerned. The decision-making process should be based on the adequate weighting
of the values involved (economic, environmental, social and cultural), in view of the good
practices that may be established.
143

The need of a platform for conflict resolution and consensus building was recognized in all
the scenarios. Such platform or structure must ensure the participation of representatives of
both Member States, depending on the existing governance models.
Evaluation
The Indicative TPEA quality checklist for transboundary MSP processes aplied to the southern pilot
area, Algarve – Gulf of Cadiz, can bee found onAnnex B.
144
9.
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within the Guadalquivir Estuary (SW Spain). Fisheries Research, 76: 229-242.
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153
Annex A - Factsheets regarding licensing and other institutional aspects
(Portugal)
Annex A.I - entities involved in aquaculture and their roles
Aquaculture
Description of uses and/or activities covered
Includes the installation of aquaculture systems (floating or other types), areas of water catchment and
rejection (related to land-based aquaculture farms including tanks, hatcheries and other facilities) and areas
identified as suitable for aquaculture.
Licensing entity(ies)
Uses and/or activities
Entity
All
DGRM
Entity(ies) issuing opinion/binding opinion
Entity
Circumstance
All
DGAIED
in areas of military easement
All
AMN
regarding the construction of facilities in maritime areas
All
DGPC / DRC
in areas with underwater cultural heritage or buffer areas
All
ICNF
in protected areas
All
DGRM
use of waters in marine protected areas in coordination
with ICNF
Entity(ies) responsible for control and enforcement
Entity
Competences
All
AMN
management and safeguard of maritime public domain
All
ASAE
economic activity, activity locations, market chain
All
IGAMAOT
environmental issues
All
DGRM
activity and good environmental state
Entity(ies) with other competences
Entity
Competences
All, especially those on maritime
space
IH
must be informed of all projects and works that may
affect hydrographic charts or plans and navigation
All
DGPM/DGRM maritime spatial planning
154
Annex A.II - entities involved in energy and their roles
Energy
Includes the installation of equipment and infrastructure for exploitation of wave, tidal and wind energy and
their connections to land, activities of prospecting, exploitation, development and production of oil and gas and
all activities related to the cultivation of seaweeds for third generation bio fuels production.
Entity
wave energy, tidal energy and wind
energy
DGEG
prospecting, exploitation and
production of oil and gas
DGEG
cultivation of seaweeds for bio fuels
DGRM
Entity
Circumstance
All
DGAIED
All
AMN
regarding infrastructure construction in maritime areas
All
DGPC / DRC
All
ICNF
in protected areas
All
DGRM
with ICNF
All
IH
regarding actions or works that may cause marine
pollution
Entity
Competences
All
AMN
management and safeguard of maritime public domain
All
GNR
environmental protection and conservation
All
IGAMAOT
Entity
Competences
All
IH
must be informed of all projects and works that may
affect hydrographic charts or plans
All
155
Annex A.III - entities involved in tourism, sports and leisure and their roles
Includes activities of nautical tourism, such as cruise tourism, nautical sports (including school sports) and the
realization of nautical competitions, recreational boating and other maritime tourism activities. Includes also the
construction of marinas and bathing activities.
Entity
cruise tourism
IMT
nautical sports and recreational
boating
DGRM
boating license for recreational navigation
nautical sports and maritime
tourism activities
ITP
permit for tourist animation agents
boats for maritime tourism activities AMN
marinas
IMT/AP
bathing activities
APA
permit for activity and exploration
Events in bathing areas or in areas of AMN
maritime jurisdiction
Entity
Circumstance
All
DGAIED
All
DGPC/DRC
All
ICNF
in protected areas
All
DGRM
with ICNF
marinas
AMN
regarding the construction of quays, marinas or other
structures in its area of jurisdiction
marinas
IH
regarding projects of lighting or buoying of coastal areas,
ports and navigation channels, works of maritime
hydraulics, dredging or others that may change the
hydraulic regime of ports and also regarding actions or
works that may originate marine pollution
nautical sports
IPDJ
regarding standards on technical conditions and safety,
construction and licensing of sports infrastructures
Entity
Competences
All
AMN
management and safeguard of maritime public domain and
preservation of underwater cultural heritage
All
GNR
All
PSP
environmental protection
All
ASAE
places with tourism, commercial and fishing (including
recreational) activity, any activity related to the provision of
services, transportation, tourism and local accommodation,
tourist animation, catering and drinking establishments,
show venues, recreational areas, sports infrastructures and
facilities, health clubs, ports, etc.
All
IGAMAOT
156
boating
AMN
boat documentation
boating
GNR
movement of goods subject to taxing or customs action,
including by vessels, their passengers and cargo
boating
SEF
movement of persons at border checkpoints, including
ports' international areas, and foreigners' stay and activities
in national territory
cruise tourism
IMT
supervision and regulation of the economic activity
cruise tourism and maritime tourism DGRM
activities
maritime safety and prevention of pollution from ships
maritime tourism activities
conducting archaeological works
DGPC
Entity
Competences
All
ITP
training and qualification of tourism human resources and
territorial management instruments
All
APA
coastal zone management plans and National Strategy for
Integrated Coastal Zone Management
All
cruise tourism
AMN/DGRM
access of Community vessels and foreign vessels
cruise tourism and recreational
boating
AMN
property registration of national boats and emission of
maritime license
cruise tourism and recreational
boating
PSP
controlling the entry and exit of persons and goods in the
national territory
cruise tourism and maritime tourism DGRM
activities
certification of professional training, of ships and of
seafarers
recreational boating
AMN
anchorage outside the areas of port jurisdiction
bathing activities
AMN
beach edicts, bathing regulation, assistance to swimmers,
inspection of beach facilities
marinas
IH
must be informed of all projects and works that may affect
hydrographic charts or plans
nautical sports
IPDJ
technical, material and financial support for the
development of sport activities, high performance sports
and national teams
nautical sports
DGE
coordination, monitoring and proposal of guidelines, on
scientific, pedagogic and didactic terms, for the activities of
school sports
157
Annex A.IV - entities involved in nature and biodiversity conservation and their
roles
Nature and biodiversity conservation
Includes nature conservation measures in classified areas (protected areas, Natura 2000 sites, OSPAR marine
protected areas), in areas of interest (marine IBAs, areas of occurrence of species or habitats requiring Natura
2000 designation) and areas of potential interest (submarine cannons, reefs, estuaries). Includes also nature
related activities such as nature tourism.
Entity
nature and biodiversity conservation ICNF
creation and management of marine DGRM
protected areas
nature tourism
in connection with ICNF
ITP
Entity
Circumstance
All
DGAIED
nature tourism
ICNF
in protected areas
nature tourism
DGRM
with ICNF
Entity
Competences
All
AMN
management and safeguard of maritime public domain,
marine environment preservation regarding living resources
All
GNR
All
PSP
environmental protection
All
CCDR
enforcement of environmental and spatial planning policies
at the regional level
All
IGAMAOT
All
DGRM
regulation, inspection, enforcement, coordination and
monitoring of activities developed under policies regarding
preservation and knowledge of marine natural resources;
use of waters in marine protected areas
Entity
Competences
All
ITP
proposes actions for the diversification, qualification and
improvement of national tourism offer
All
IPMA
systematic assessment of the environmental status and
biodiversity preservation in the marine environment
158
Annex B. – Evaluation: Indicative TPEA quality checklist for transboundary MSP processes aplied to the southern pilot area
A. Process evaluation
Preparation
Criterion
Indicator
Country
1.
Legal and a. Formal jurisdictional MSP systems are in PT
administrative
place.
framework
yes/partly/no
partly
ES
partly
b. Legal and administrative instruments are in PT
place
to
facilitate
transboundary
cooperation in MSP activities.
partly
ES
partly
for PT
partly
ES
partly
2. Institutional
a. Authorities
have
responsibility
capacity and
transboundary cooperation in MSP.
cooperation
159
Comments
The legal framework for MSP was
recently approved in Portugal (April
2014). Specific instruments will be
developed and implemented.
There is no exclusive law of MSP
Although we find sectorial laws such as
the law 41/2010, of 29th December, on
protection of marine environment
There are some bilateral agreements
established between the two countries,
such as the fisheries agreement.
Cooperation mechanisms are established
under those instruments. There are also
joint
committees
such
as
the
International Commission of Limits.
Sectorial agreements exist between Spain
and other countries, as the fisheries
agreement with Portugal
Legally DGPM has the competence for
national MSP. Also, DGPM mission
includes the national and international
cooperation in sea related issues.
However, transboundary cooperation is
primarily a competence of the Ministry of
Foreign Affairs.
There is no authority for the MSP, but the
management of maritime--‐terrestrial
public domain is the responsibility of the
b. The
roles
and
responsibilities
of PT
organisations in transboundary MSP have
been clearly defined and communicated.
partly
ES
c. Adequate resources are available to MSP PT
authorities (e.g. staffing, skills, funding, data ES
availability) to engage in transboundary
cooperation in MSP
d. There is formalised communication between national level
organisations across borders.
no
partly
partly
yes
regional level
yes
local level
yes
e. There is equitable sharing of responsibilities and tasks across no
borders.
3. Transboundary
MSP area
a. An agreed transboundary area has been defined for the yes
project.
b. Stakeholders have been involved in the selection of the yes
transboundary area.
4. Formulation
a. Agreed strategic objectives for the transboundary project yes
of
strategic
have been established.
160
State (some responsibilities have been
transferred
to
Autonomous
Communities). There is an Interministerial
Commission
for
the
management of marine strategies.
Transboundary MSP is not yet formally
addressed in the national framework.
However the national authority with
responsibilities in MSP (DGPM) is a TPEA
partner.
Only those available through the TPEA
project to engage in transboundary
cooperation.
Through the joint committees established
under bilateral agreements, namely the
International Commission of Limits.
Through specific initiatives such as
Euroregion Alentejo-Algarve-Andaluzia
Through specific initiatives such as
Ayamonte-Castro Marim- Vila Real de
Santo António
Mostly because the state of MSP
development in both countries is
different. Also, although Portugal has an
MSP framework it is not yet implemented.
Algarve - Gulf of Cadiz
In the early stage of TPEA and particularly
in the 1st stakeholders workshop
Drafted by project team based on
stakeholder comments
objectives
Diagnosis
5. Area
characteristics
b. Economic, social and environmental opportunities have been yes
incorporated into the strategic objectives.
c. Principles of transboundary cooperation, governance and yes
MSP have been incorporated into the strategic objectives.
d. Stakeholders have been included in the formulation of yes
strategic objectives.
a. The ecological, economic and social character of the yes
transboundary area has been described.
6. Uses
& a. existing shared resources between the countries and crossactivities and
border activities have been identified in the area
cross-border
relevance of
coastal
and b. Key pressures and opportunities for the transboundary area in
maritime
question have been identified.
issues
c. There has been cross-border deliberation on relevant
transboundary issues, involving stakeholders and the policy
community.
7. Governance
a. The existing and emerging policy, regulatory and management
framework
framework for planning and sectoral interests relevant to
transboundary issues has been drawn up.
b. An analysis has been carried out of the consistencies and
inconsistencies of the policy, regulatory and management
framework, including across borders.
c. Any gaps in the policy, regulatory and management
framework needed for consideration of transboundary issues
have been identified.
d. There has been consideration of the relation between MSP,
ICZM and terrestrial planning across the transboundary area.
161
yes
yes
yes
yes
yes
yes
yes
Initial assessment report. The area
characteristics and main uses and
activities are comprehensively described
in the Pilot Areas Report, based on the
best available data.
For example, a continuous cross-border
area of Habitat 1180 - Submarine
structures made by leaking gases was
identified as a shared resource.
With inputs from the 2nd stakeholders
workshop.
With inputs from the 2nd stakeholders
workshop.
Analysis of governance instruments in
both countries is presented in the Pilot
Areas Report.
Areas Report.
Areas Report.
Raised and discussed at workshops and
contained in Interim reports.
The application and/or influence of
f. Those tasked with implementing MSP understand the partly
institutional setup relevant to MSP governance in each
country.
8. Area
common
interest
of a. Areas of common interest have been defined
Planning
9. Specific
objectives
10.Planning
alternatives
(options and
scenarios)
yes
a. Agreed specific objectives for the transboundary area in
question have been established.
b. Economic, social and environmental opportunities have been
incorporated into the objectives.
c. Principles of transboundary cooperation, governance and
MSP have been incorporated into the specific objectives.
d. Stakeholders have been included in the formulation of specific
objectives.
a. Options and scenarios for the transboundary area have been
given consideration.
yes
yes
yes
yes
yes
b. There is coherence between the options and scenarios yes
presented and the wider policy, regulatory and management
framework.
c. Methods for the visualisation and analysis of issues, options yes
and scenarios have been used.
162
territorial management instruments in
the maritime space were considered in
the governance framework.
Institutional setups are complex and have
significant differences between the two
countries. Although a thorough analysis
of this dimension was not foreseen in the
scope of TPEA, a short exercise was
developed, taking the case of Portugal
and building on previous studies.
Different areas of common interest were
defined for the exercise, based on the
identification of shared resources and
cross-border activities.
Presented and discussed during the 3rd
Stakeholder
workshop.
Different
options/scenarios were considered for
shared resources, existing and potential
cross-border activities.
Options and scenarios were developed
considering also the analysis of the
governance framework.
11.Planning
documents
a. Suitable methods for visualising planning data have been yes
used.
b. The boundaries of the planning area have been clearly yes
delineated.
c. Strategic and specific proposals for the transboundary area yes
have been drawn up.
d. There has been consultation with stakeholders regarding the yes
strategic and specific proposals for the transboundary area.
e. There is evidence that coherency exists across spatial scales partly
and conformance with other policy principles and objectives.
f. There is coherence between the strategic and specific goals, yes
objectives and measures set out in the planning proposals.
g. Planning documents contain an agreed schedule for no
implementation
B. Data and information
12.Data
a. The knowledge and data needs for full consideration of yes
availability
transboundary issues have been identified.
and quality
b. The best available, relevant data has been used in considering yes
transboundary issues, options and scenarios.
c. The metadata is complete for all data sets used.
yes
d. A suitable, shared system for data management and analysis yes
has been used.
163
Maps and GIS
Pilot area boundaries were defined in the
early stages of the project, mainly for
data collection.
Proposals are mainly at the management
level. Although methods for visualising
planning data have been used,
spatialization was not possible at this
stage.
3rd stakeholders workshop
National policy principles and objectives
of both countries were considered in the
exercise as well as different spatial scales
(national,
regional).
However
spatialization was not possible at this
stage.
Outside the remit of TPEA
Data gathered by the team allowed a
comprehensive characterization of the
area and the identification of the main
transboundary issues, namely shared
resources and cross-border activities.
Partners from both countries established
mechanisms for a collective gathering
and management of data and in the end
data was publicly shared through a online
visualization tool.
e. Data is consistent across borders.
(Please specify categories)
nature conservation
maritime transport
fisheries
aquaculture
pipelines and cables
non-living
natural
marine resources
recreational activities
power generation
ports and places of
refuge
wrecks
and
other
historical features
f. There has been cross-border cooperation in gathering and
managing data.
g. Stakeholders have been involved in providing relevant data.
C. Stakeholder engagement
13.Stakeholder
a. Potential participants representing statutory and nonengagement
statutory organisations have been identified through
stakeholder analysis.
b. Actual stakeholder engagement has been representative of
interests, both within and across jurisdictions.
yes
yes
partly
yes
yes
yes
yes
yes
yes
yes
yes
partly
2nd stakeholders workshop
yes
partly
c. Stakeholders have participated at critical points throughout yes
the transboundary MSP process.
164
Data from Portugal is presented by
fishing gear and data from Spain is by
fishing species.
Some sectors were not duly represented
in the workshops either due to the weak
levels of activity or to unavailability in the
dates of the events.
Stakeholder’s workshops were scheduled
to cover the different phases of the
process.
d. Methods have been used that have fostered collaborative and yes
equitable engagement.
e. Stakeholder perspectives have been incorporated in the
transboundary MSP process.
Interactive and collaborative exercises
during Stakeholder workshops
Input received from workshop attendees,
advisory group and other parties has
been considered and incorporated where
appropriate.
f. Stakeholders have been satisfied with their level of yes
participation and the incorporation of their input.
D. Communication
14.Communia. Sufficient transparency has been ensured by regular reporting yes
cation
of the transboundary MSP process.
Workshop reports and other TPEA
outputs drafted over course of project
b. Non-technical information about the process has been partly
communicated to the wider public.
Need to examine outreach undertaken by
all partners
c. Events communicating the transboundary MSP process have yes
been successfully held.
d. Links have been made to related processes and organisations yes
and the academic community.
e. Results and recommendations have been clearly partly
communicated to policy-makers.
Stakeholder workshops and presentations
at other events
f. The transboundary MSP process has been conducted and partly
communicated in languages that are accessible to
participants.
165
Ongoing- feedback on progress of project
has been provided to Government
authorities with marine responsibilities as
well as regional bodies including OSPAR
and the Atlantic Arc Commission. Results
will be communicated to the wider EU
marine policy makers at the 2014
European Maritime Day.
In the south pilot area the team had to
deal with two different native languages
(Portuguese and Spanish) so they had to
rely on English as a common language
during meetings. However stakeholder’s
workshops were held in both native
languages resorting to facilitators in
order to involve stakeholders and
promote dialogue.
E. Outcomes and impact evaluation
15.Achievement
a. There has been an assessment of the extent to which TPEA
of objectives
objectives have been met.
b. Difficulties hindering the achievement of objectives have been
identified.
c. Stakeholders have been involved in evaluating the TPEA no
project in the pilot region.
c. The evaluation framework has been reviewed.
16.Wider
benefits
a. Wider benefits of the transboundary MSP process, such as for
cross-border governance, institutional capacity-building, skills
development, communication and learning, have been
identified and achieved.
166
A retrospective self-evaluation is planned
A retrospective self-evaluation is planned
The framework was reviewed by the
project partners and adapted to the
northern pilot area context.
Will be identified in the final TPEA report

south - TPEA

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