Reserve regulations

In the Valle Cavanata nature reserve there are some rules of conduct that must be respected in order to guarantee the protection and conservation of the biodiversity present within it. These rules are governed by the Reserve Regulations:

REGIONAL NATURE RESERVE REGULATIONS OF VALLE CAVANATA

Chapter I

GENERAL RULES

Art. 1

(General rules)

  1. This Regulation, in compliance with the obligations assumed internationally, contributes to the protection, management, conservation and enhancement of the wetland “Valle Cavanata”, in accordance with the decree of the Minister of Agriculture and Forestry no. 126 of January 27, 1978 «Declaration of the international value of the wetland called Valle Cavanata as a result of the convention relating to wetlands of international interest signed in Ramsar on February 2, 1971 and ratified by decree of the President of the Republic March 13, 1976, n. 448 “.
  2. The provisions of this Regulation are articulated in accordance with Article 18 of Regional Law 42/1996, by subject, discipline and activities carried out within the Reserve and referring where necessary to its zoning, as identified in the Conservation and Development Plan .
  3. This Regulation is valid for the entire territory of the Valle Cavanata Regional Nature Reserve and is implemented by the managing body of the Reserve.
  4. The building activity is governed by the urban-building implementation rules, contained in the Conservation and Development Plan, in accordance with Article 13 of Regional Law 42/1996.
  5. Administrative sanctions are determined and imposed by the Director of the Regional Parks and Forests Company, pursuant to Article 40, paragraph 1 of Regional Law 42/1996.
  6. For the execution of the interventions provided for in the Conservation and Development Plan, an exception to the prohibitions and provisions of this Regulation is applied.

Chapter II

RULES FOR THE PERFORMANCE OF ALLOWED ACTIVITIES

Art. 2

(Agricultural activities)

  1. In consideration of the reduced extension and marginality of existing agricultural crops within the Reserve, the Conservation and Development Plan identifies as its objective the renaturalization of the land currently cultivated, through the artificial or spontaneous reconstruction of natural herbaceous, shrub and tree vegetation or semi-natural.
  2. Pending the acquisition of privately owned cultivated land or belonging to other public bodies to the regional heritage, for the purpose of renaturalization of the same, the maintenance of agricultural crops in place is allowed and the freedom of rotation of arable crops is guaranteed.

Art. 3

(Forestry activities)

  1. The Conservation and Development Plan identifies the conservation, improvement and increase of coastal, riparian and lowland forest formations as the primary objective. The management of the woods of the Reserve is implemented through the Forest Management Plan, proposed by the managing body and approved by the Regional Parks and Forests Company, pursuant to Article 31 of Regional Law 42/1996.
  2. The Management Plan, in which the cost is borne by the managing body, concerns all the forest areas of the Reserve and is drawn up following the criteria of naturalistic silviculture. Silvicultural interventions are primarily aimed at the renaturalization, improvement and enhancement of forest cenoses, through the application of techniques, with minimal environmental impact, aimed above all at the transformation of artificial broadleaf formations and the remodeling of natural and paranatural ones, with particular regard to towards the avifauna, favoring their stop, feeding and nesting.

Art. 4

(Grazing activity)

  1. Grazing aimed at the management and control of vegetation for purposes identified by the Conservation and Development Plan and the multi-year plan for the conservation, improvement and development of the wildlife heritage, is exercised under the direct control of the managing body.
  2. Due to the physical, geomorphological and vegetational characteristics of the Reserve, exploitation for zootechnical purposes is not envisaged.

Art. 5

(Management of flora and vegetation)

  1. In addition to what has already been specified for natural and semi-natural herbaceous and shrubby vegetation, pastures and woods, flora and vegetation are protected in order to guarantee biodiversity.
  2. In the RG area of ​​general protection and in the RP area, the collection for food purposes of edible parts and the collection for ornamental purposes of flowering or fruit-bearing parts of plant species follows the provisions of articles 3, 4, 6 of regional law 34/1981 .

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  1. The collection of quantities greater than that provided for by article 6 of regional law 34/1981, to allow activities of transformation of vegetable products for food purposes and the collection of spontaneous plants or parts of them exclusively for scientific or medicinal purposes, require authorization pursuant to article 5 of regional law 34/1981. The managing body, at the request of the Regional Parks and Forests Company, expresses its opinion on the authorization request.
  2. Tree species or limited vegetation formations can be identified, of particular importance for fauna or forest ecosystems, which enjoy particular protection. If the individual plants or vegetational formations are privately owned, the managing body shall pay a fair compensation, pursuant to the following articles 17 and 18. The aforementioned protection provisions and the amount of the compensation are subject to a specific provision of the managing body.

Art. 6

(Wildlife Management)

  1. Any intervention involving wildlife must be carried out following the multi-year plan for the conservation, improvement and development of the wildlife heritage as indicated by article 36, paragraph 2, of regional law 42/1996, proposed by the managing body and approved by ‘Company of regional parks and forests. The Plan punctually regulates the management and possible collection of wildlife, including river and marine fish fauna, as well as edible invertebrates.
  2. The multi-year plan for the conservation, improvement and development of the wildlife heritage must be set on the optimization of the environmental conditions for the reproduction and stationing of the greatest number of bird species, also in consideration of the fact that the Reserve includes the perimeter of the wetland of international value of the Ramsar Convention. The Plan provides for specific studies, research, monitoring and censuses aimed at improving knowledge of the wildlife heritage, with particular regard to avifauna.
  3. The collection of edible invertebrates is allowed only in the sea portion of the Reserve. The plan referred to in paragraph 1 identifies the species subject to sampling and establishes the periods, quantities, methods and tools for capture and collection.
  4. Sport fishing, permitted on the stretch of the Averto canal north of the municipal road to Fossalon, is governed annually by the Friuli-Venezia Giulia Fisheries Protection Authority, in accordance with the Plan referred to in Article 36, paragraph 2 , of regional law 42/1996, in agreement with the managing body.
  5. The managing body ascertains, through the multi-year wildlife management plan submitted to the opinion of the technical-scientific committee, any ecological imbalances relating to wildlife. If the Plan, in order to recompose the ecological balance of wildlife, provides for faunal sampling, the managing body disposes on the matter, using its own staff or members, authorized for this purpose, of the Hunting Reserves by law falling within the Municipality included in the territory of the protected area, or even of persons authorized for this purpose, who operate with the constant assistance of the surveillance staff of the Reserve.
  6. The managing body takes care and maintains the necessary structures for observation, parking, feeding, census, study and research of the fauna. To this end, it can make agreements with companies, professionals and qualified specialists, in the absence of its own personnel with the necessary professionalism. It plans at its discretion the release, within the Reserve, of rehabilitated animals from wildlife recovery centers, deemed capable of re-dealing with life in the wild in the most suitable habitats and suitable for the species, in compliance with the wildlife plan, of which in paragraph 1.

Art. 7

(Scientific activities)

  1. The Conservation and Development Plan identifies scientific research in naturalistic and environmental disciplines as the primary objective, with particular regard to zoology, within the territory of the Reserve. Scientific research is promoted and economically supported.
  2. The managing body carries out scientific research activities, both with its own staff and by appointing, for particular research sectors, institutes, companies, organizations and professionals.
  3. The managing body collaborates with major national and international scientific institutions for the dissemination and exchange of information relating to fauna, with particular regard to avifauna.

Art. 8

(Didactic activities and educational activities)

  1. The managing body activates and manages both with its own staff and by entrusting institutes, companies, organizations, associations and professionals with didactic and educational activities, aimed at disseminating and getting to know the naturalistic and historical-environmental heritage of the Reserve.
  2. The managing body coordinates the didactic and educational activities within the territory of the Reserve. To this end, entities, institutes and associations wishing to make use of the services offered by the Reserve, must communicate their programs and initiatives of activity to the managing body.
  3. The managing body collaborates with environmental associations recognized in accordance with Article 13 of Law 349/1986, as part of previously agreed programs, for the implementation of didactic and educational activities.

Art. 9

(Promotional activities)

  1. The managing body takes care of the promotional activities it deems most suitable for the dissemination and knowledge of the Reserve and its naturalistic, socio-cultural and historical-environmental aspects.
  2. The managing body maintains relationships and links with entities and institutes that act with the aim of promoting knowledge of the territory.
  3. The managing body records the name and emblem of the Valle Cavanata Regional Nature Reserve, also in order to ensure proper promotional activity.

Art. 10

(Recreational, sporting and tourist activities)

  1. Due to the particular physical, geomorphological and environmental characteristics of the Reserve, recreational, sporting and tourist activities are necessarily limited only to tourist-naturalistic uses compatible with the protection of fauna, flora, vegetation, soil and water. Without prejudice to the prohibitions and limitations set forth in the subsequent Chapter IV, further specific provisions related to contingent factors are adopted by the managing body and published in the register of the Municipality of the Reserve.
  2. Due to the pre-eminent wildlife importance of the Reserve, in order not to disturb it, dogs kept on a leash are allowed, exclusively in non-off-limits areas, with the exception of those used for guarding the visitor center and other buildings of the Reserve, in rescue operations, or those used for management operations by personnel appointed by the managing body.
  3. The excursion activity of tourist-naturalistic use of the Reserve takes place exclusively within the path network identified by the Conservation and Development Plan. The managing body provides for the control and periodic maintenance of the paths, with particular regard to the equipped environmental interpretation paths and creates adequate signage with types of low environmental impact.
  4. The managing body may enter into agreements with different subjects for the ordinary and extraordinary maintenance of the paths, with particular regard to equipment and signs. The managing body arranges and approves the projects for the construction of new paths.
  1. The cycling activity takes place along the main road network and on the cycle paths identified by the Conservation and Development Plan. The management body indicates the routes forbidden to the circulation of cycles, in particular the path network, for reasons related to the safety of visitors.
  2. Horseback excursions take place exclusively along the specific network of routes, identified by the Conservation and Development Plan.
  3. The exercise of horse-riding activities can be carried out by different subjects, subject to the stipulation of a specific agreement with the managing body.
  4. In view of the relevant and qualified offer of camping facilities in the areas adjacent to the Reserve, no spaces are provided for this activity within the Reserve.
  5. In any case, hiking, recreational, sporting and tourist activities are carried out at one’s own risk.

Art. 11

(Mining activity)

  1. The handling and removal of silts, sands and gravels as a result of unpredictable events such as floods, storm surges and instability in general must be agreed with the managing body which expresses itself with a reasoned opinion.

Art. 12

(Movement of motor vehicles)

  1. The circulation of motor vehicles performing public utility services is free.
  2. The circulation of motor vehicles is free along ordinary public roads, on which the prohibitions referred to in article 15, letters b) and c) are not applied.

Art. 13

(Hydraulic, hydraulic-forestry, hydraulic-agricultural and dredging works)

  1. The managing body expresses a binding opinion on hydraulic, hydraulic-forestry, hydraulic-agricultural and dredging projects pursuant to Article 19 of Regional Law 42/1996, taking into account the following technical principles:

a) the hydraulic, hydraulic-forestry, hydraulic-agricultural and dredging works, if deemed necessary, are adequate to the criteria of naturalistic engineering and by type, size and execution must find a coherent insertion into the surrounding environment;

b) degraded areas of any type for which environmental recovery, restoration or requalification interventions are envisaged must be arranged following naturalistic engineering criteria and techniques.

Chapter III

ACTIVITIES THAT THE MANAGING BODY REGULATES WITH SPECIFIC PROVISIONS TO BE PUBLISHED IN THE REGISTER OF THE MUNICIPALITY OF THE RESERVE

Art. 14

(Provisions of the managing body)

  1. In implementation and in compliance with the indications of the Conservation and Development Plan provided for by regional law 42/1996, the managing body, pursuant to article 18, paragraph 2, letter a) of regional law 42/1996, regulates the activities listed below:

a) general or particular limitations regarding mushroom picking, as a result of specific technical, biological and scientific reasons related to the seasonal evolution of natural ecosystems;

b) general or particular limitations regarding the collection of molluscs and other edible invertebrates, as a result of specific technical, biological and scientific reasons related to the conservation of individual species and the balance of natural ecosystems;

c) general or particular limitations regarding the capture of fish species in areas belonging to the maritime domain, as a result of specific technical, biological and scientific reasons related to the conservation of individual species and the balance of natural ecosystems;

d) the prohibition in certain areas and for certain periods of all tourist-recreational activities, including the attendance and use of the accommodation facilities of the Reserve that may disturb the fauna, in particular the nesting sites of the birds.

  1. The managing body of the Reserve may establish further prohibitions and regulate any exceptions to them, in addition to those already provided for in the following article 15. The provision of the managing body relating to the aforementioned provisions is to be published in the register of the territorially interested.

Chapter IV

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PROHIBITIONS

Art. 15

(Prohibitions)

  1. The following activities are prohibited throughout the territory of the Reserve, except as otherwise provided in this regulation:

a) the killing, capture and disturbance, as well as the damage, destruction and removal of nests, burrows and eggs, of any animal species, without prejudice to the provisions of article 6 above, as well as the occurrence of the conditions referred to in Article 54 of the CP;

b) the introduction by private individuals of hunting weapons or any destructive means of capturing wildlife, without prejudice to the provisions of Article 6 above;

c) the collection and transport of wild fauna or part of it, found in any way and in any time and place, without prejudice to the provisions of article 6 above;

d) the introduction of wild or domestic animal species by parties other than those appointed by the managing body;

e) the carrying out of sport fishing competitions;

f) sport fishing south of the municipal road to Fossalon;

g) the collection, damage and destruction of all plant species present within the Reserve, without prejudice to the provisions of the previous articles 2, 3, 4 and 5, or without the authorization of the managing body. The aforementioned authorization is not necessary for the owners or for the subjects having a legitimate right to use and enjoy the properties. The prohibition assumes particular rigor for the following species considered of naturalistic importance as endemisms or peculiar rarities of the regional coastal territory: Trachomitum venetum, Erianthus ravennae, Limonium densissimum, Limonium serotinum and Cyperus kalli;

h) the introduction of plant species unrelated to the spontaneous flora of the Reserve, without the express authorization of the managing body;

i) the cutting and damage of tree species or limited vegetation formations considered to be of particular importance for fauna or forest ecosystems, reported in special maps and provided with signs, identified by the managing body, referred to in the previous article 5, paragraph 4;

l) silvicultural activities in contrast with the related management plan;

m) unauthorized grazing on both public and private property, pursuant to article 636 of the Criminal Code;

n) the destruction and alteration of specific geomorphological, hydrological emergencies, as well as habitats of naturalistic value;

o) the opening of landfills and the abandonment of any kind of waste;

p) the productive extractive activity, the extraction of underground waters, the alteration of the morphology of the soil, the reclamation of wetlands and the storage of aggregates;

q) hiking activities outside the path network in areas where there is an obligation not to leave the environmental interpretation paths;

r) navigation with any type of vessel or boat;

s) bathing in specifically tabulated prohibited areas;

t) free camping;

u) overflight at the lower altitude of 300 meters above sea level of motor aircraft for tourist-amateur-sport purposes;

v) noise and light emissions, which are not indispensable for permitted and authorized activities;

z) recreational and tourist activities carried out in contrast with Article 10 of these Regulations.

Art. 16

(Sanctions)

  1. Violations of the prohibitions referred to in Article 15 of this regulation are punished with an administrative sanction from 100,000 to 1,000,000 lire, provided for in article 39, paragraph 2 of regional law 42/1996.
  2. Violations of the provisions issued by the managing body of the Reserve referred to in article 14 of these Regulations are punished with an administrative sanction from 100,000 to 1,000,000 lire, provided for by article 39, paragraph 3 of regional law 42 / 1996.

Chapter V

CRITERIA AND METHOD OF PAYMENT OF INDEMNITIES

Art. 17

(Criteria)

  1. The managing body, together with the adoption of the annual reserve management activities programs, or following the approval of the implementation plan, identifies the activities, carried out directly or indirectly, that can cause damage to private property. Such damage may concern agricultural, forestry and real estate production activities.
  2. In the event of ascertained damage caused by the management activities of the managing body, the latter is required to pay compensation to individuals up to a maximum of 100%, less any insurance premiums paid, in the following cases:

a) for partial or total lack of income due to the inuse of the asset;

b) for damage to the goods themselves.

  1. The indemnities paid pursuant to these Regulations cannot be combined with the indemnities due, pursuant to regional law 15/1994 and the Implementing Regulation, D.P.G.R. 10 October 1996, n. 0373 / Pres.

Art. 18

(Mode)

  1. The private individual, interested in obtaining compensation, upon timely reporting, submits a specific request, within the peremptory term of 10 days from the harmful event, to the managing body, indicating the date and description of the event, attaching a substitutive declaration of the ‘deed of notoriety showing the ownership or legitimate possession of the damaged or destroyed goods, as well as the possible existence of insurance policies with the relative amount of the maximum insured.
  2. The measures to ascertain the subjective and objective requirements, as well as the damage assessment are adopted by the managing body within 60 days of submitting the application.
  3. The liquidation of damages, to the extent declared admissible by the managing body, taking into account the existence of any insurance policies, is carried out within the following 30 days.

Chapter VI

ACTIVITIES, PRODUCERS AND SERVICES FOR WHICH THE RIGHT TO USE THE NAME AND THE RESERVE EMBLEM ARE GRANTED TO THIRD PARTIES

Art. 19

(Use of the name and emblem of the Reserve)

  1. The right to use the name and emblem of the Reserve is granted by order of the managing body at the request of the interested parties.
  2. The managing body also determines the maximum and minimum amount of the economic consideration due.
  3. The economic consideration due, to the minimum extent, is recognized to applicants with the following requirements:

a) to subjects, companies and local businesses residing in the Municipality of the Reserve, carrying out activities in the territorial surroundings of the Reserve, in sectors such as agritourism, catering, tourism, crafts, organic farming, fish farming, and the service activities to the Reserve.

Art. 20

(Transitional rules)

  1. Until the approval of the Conservation and Development Plan of the Cavanata Valley Reserve, if a provision of this regulation refers specifically to one of the RN, RG or RP areas, or to indications relating to roads and paths, they continue to be applied the rules prior to the Regulation itself.
  2. Until the Forest Management Plan is approved, any intervention on the woods of the Reserve is subject to authorization issued by the Regional Park and Forest Company.