Régimen jurídico de la pesca marítima de recreo

Résumé

The aim of this work is to tackle, from an integral legal perspective, the existing problems surrounding the extractive activity of fishing in its non-professional or commercial aspect. Bearing in mind that recreational sea fishing has been timidly studied from a legal point of view, the aim is to comprehensively analyze the applicable legal system from this approach, providing a material response to the legal consequences of its exercise. In this context, this research seeks to clarify the response of the law to the risks generated by recreational fishing activity in its interaction with the environment and, specifically, on the natural resources related to fishing. To this end, we examine and interpret the international and European legal framework on the subject, given the supranational importance of the regulation of the activity. Within the scope of Spanish law, the peculiar constitutional framework of recreational maritime fishing and the inadequate application of the most significant authorizations applicable to commercial maritime fishing are delimited, in addition to addressing the state and autonomous community legal regime of reference. Considering the singularity of the marine environment, the spatial and ecological sphere in which the activity under examination takes place, the transcendence of the maritime spatial planning instruments and the necessary coordination between them, including the instruments for the management of marine protected areas, whose primacy is proven at a legal level, becomes clear. The control activity of the State and Autonomous Community Administration is the central axis around which this research is developed. For this reason, the study of authorization as an authorizing title is positioned as a priority objective with respect to the communications and declarations of catches lacking this condition. Access to fishing resources, through the recreational practice of sea fishing, should not be made concrete with any other less restrictive measure than the prior license, as a posteriori control would be too late to be effective. Consequently, the simple communication or the responsible declaration by the recreational fisherman can have a complementary control function with respect to the license or authorization but can never replace the administrative act establishing the right of access to fishery resources. However, the current licensing system in place in the national territory is clearly inadequate, as it lacks homogeneity in terms of modalities, periods of validity and costs. In view of this situation, it is essential to promote the harmonization of regional PRM licenses. In this way, it would be easier to obtain the necessary knowledge on the number of recreational fishermen and to monitor and evaluate the activity at a reasonable cost. Finally, because of the most recent advances in the general legal regime of Law 39/2015, of 1 October, on the Common Administrative Procedure for Public Administrations, the contribution of the interoperability of registers to the efficient control of recreational sea fishing plays an important role. Notwithstanding their informative function, it is possible to record key aspects of recreational fishing activity for later use. In fact, in the field of reported activities, the information resulting from the register marks the beginning of the planning and programming power of the subsequent inspection function. In this sense, the work concludes by highlighting the value of the necessary inspection activity on the activity of recreational sea fishing.