DEPARTMENT OF TRANSPORTATION
MINISTERIAL ORDER NUMBER 2606P-4
DECREE
AUGUST 7, 1975
In reference to regulation of the marine plant harvest
Repealed text: Ministerial order of April 29, 1963 (BM 218) and its modification of February 22, 1974 (BM 449)
The Secretary of Transportation,
In view of the decree of January 9, 1852 on the exercise of maritime fishing and especially its Article 2 (BM Meth. No. 28, p.34);
In view of the decrees of July 4, 1853 providing regulation of coastal maritime fishing in the first four arrondissements (BM Meth. No. 28, pp. 42, 87, 121 and 154);
In view of the decree of November 19, 1859 providing regulation of coastal maritime fishing in the fifth arrondissement (BM Meth. No. 28, pp. 158 and 161);
In view of the decree of May 10, 1862 regulating coastal maritime fishing (BM Meth. No. 28, p. 212);
In view of the decree of February 8, 1868 providing regulation of the marine plant harvest and especially its Article 9 (BM Meth. No. 28, p. 527);
In view of the law of April 1, 1942 relative to maritime navigation qualifications (BM 383);
In view of the ordinance of June 3, 1944 on the organization of maritime fisheries, especially Article 4 (BM Meth. No. 28, p. 34, note 1);
In view of the modified order of December 1, 1960 regulating underwater fishing on the metropolitan littoral (BM Meth. No. 28, p. 417);
In view of the modified order of April 29, 1963 regulating the harvest of marine plants (BM Meth. No. 28, p. 505);
In view of the order of April 19, 1972 relative to the coordination of sea related activities of national administration (BM 347), modified April 30, 1974 (JO of May 15, 1974, p. 5155);
In view of the advice of the Scientific and Technical Institute of Maritime Fisheries;
In view of the advice of the directors of Maritime Affairs;
In view of the opinion of the Interprofessional Committee on Marie Algae,
ORDER:
Article 1
The algae, wracks and sea plants, referred to hereafter as seaweeds are classified and defined as follows:
1. Shoreweed
2. Bottomweed
3. Driftweed
"Shoreweeds" are those which are attached to the bottom and can be reached by foot at low tide levels of equinoctial tides.
"Bottomweeds" are those which are attached to the bottom and to rocks and which cannot be reached on foot at low tide levels of equinoctial tides.
Also included in this category are all seaweeds growing on uninhabited islets which cannot be reached on foot at low sea levels of equinoctial tides.
"Driftweeds" are those which, detached by the sea, drift with currents or have been cast upon the shore.
Article 2
Cutting or collecting shoreweed and bottomweed is prohibited from sunset to sunrise and also on Sunday.
In order to protect the seaweed fields, uprooting of the plants is prohibited. Tools used in the harvesting of seaweeds should be conceived and used in such a way as to avoid uprooting. These restrictions apply only to seaweeds of the Laminaria family.
Section I
Shoreweed
Article 3
Without prejudice for the dispositions foreseen in Article 4 which follows, shoreweed harvesting is reserved to inhabitants of coastal communes and to the proprietors of farm land located in these communes, under the following conditions:
- anyone who has resided in the commune for six months has the right to participate in the harvest;- proprietors or coproprietors of farm land located in littoral communes have the right to harvest shoreweed without being required to prove their residency when the land or part of a copropriety which they hold is composed of at least 15 ares, exploited by them personally.
Article 4
Algae of the Laminaria family and those of the Fucaceae family, belonging to the species Ascophyllum nodosum and Fucus serratus, intended for industrial use, may be harvested without need to justify residence in a coastal commune.
Article 5
Two cuttings of shoreweed may be authorized each year. The dates of the two periods devoted to the harvest are set at the beginning of each year, with the advice of the Scientific and Technical Institute for Maritime Fisheries and after consultation with the mayors of the communes concerned, by order of the Director of Maritime Affairs. The duration of each period, which should include one low spring tide in conjunction, must not be less than 30 days. Notices must be posted at least ten days in advance announcing the opening day and the duration of each harvest period.
Notwithstanding the preceding dispositions and when justified by the circumstances, the Director of Maritime Affairs may, after consulting with the Scientific and Technical Institute of Maritime Fisheries, authorize supplementary harvest periods between July 1 and October 30 in specific zones or at specific times.
Article 6
Harvesting of seaweed growing along quays or on stone constructions in the sea or along the shore is forbidden; it is also forbidden to harvest seaweed growing on the dykes or banks of rivers or canals.
Section II
Bottomweed
Article 7
The cutting of bottomweed may be accomplished by fishing boats only. It takes place between April 15 and December 31, with the exception of Ascophyllum, for which the cutting period occurs between April 15 and November 30.
Certain orders of the Directors of Maritime Affairs upon the advice of the Scientific and Technical Institute of Maritime Fisheries and the Interprofessional Committee for Marine Algae may, when called for by the circumstances, prohibit the cutting of bottomweed in specific zones and at specific times, and may provide measures for order and police enforcement as judged necessary for the seaweed harvest.
Article 8
Individual authorization is required for the harvest of bottomweed, accomplished by means of any equipment, such as a diving suit, autonomous or not, which allows an immersed person to breathe without returning to the surface.
These authorizations are issued by the Director of Maritime Affairs of the area in which the breathing apparatus is to be used; the validity of the authorization may be limited to a specific sector and a specific period.
Article 9
Those persons who harvest seaweed with the aid of equipment figuring in Article 8 must maintain a distance of at least 100 m from all properly marked boats and small fishing craft, nets and other fishing gear, fishing or aquaculture installations.
Article 10
In the event of infraction of harvest regulations or abusive use of the equipment mentioned in Article 8, the Directors of Maritime Affairs may, as suggested by the Administrators of Maritime Affairs, revoke the authorization issued, after having allowed the person or persons in question the opportunity of defense.
Section III
Driftweed
Article 11
Harvesting floating driftweed from a boat is prohibited from sunset to sunrise and also on Sunday. It may only be done from a boat equipped for fishing.
Article 12
It is forbidden to establish seaweed fisheries on the littoral by means of stakes or otherwise.
Article 13
The Directors of Maritime Affairs may, on the advice of the Scientific and Technical Institute of Maritime Fisheries and the Interprofessional Committee for Marine Algae, and after consultation with the mayors of the communes concerned, forbid the harvest between sunset and sunrise, also on Sundays, of driftweed cast upon the shore.
Section IV
Dispositions Particular to the Harvest of Red Algae in the English Channel
Article 14
The harvest of red algae, lichen, carrageens (Chondrus crispus, Gigartina mamillosa) and agar (Gelidium corneum) whether they be shoreweed or bottomweed, may only occur during an annual period beginning two clear days before the preceding May 1 and ending two clear days after the following November 1.
Nonetheless, orders of the Directors of Maritime Affairs, issued on the advice of the Scientific and Technical Institute of Maritime Fisheries and the mayors of the communes concerned, may, if the circumstances demand it, prohibit harvesting in certain zones and at certain times within the established season.
Article 15
The harvesting of red shoreweeds is reserved for inhabitants of coastal communes. Nevertheless, from August 1 of each year until the closing date mentioned in Article 14, the harvest will be open to all harvesters.
Decisions of the Directors of Maritime Affairs, made on the advice of the Scientific and Technical Institute of Maritime Fisheries and the mayors of the communes concerned, will determine, if necessary, the zones in which the harvest is thus authorized, as well as the authorized periods.
Article 16
The harvest of red algae, growing on inhabited islets and not accessible by foot at low seas of equinoctial tides is accomplished by means of boats equipped for fishing. Nonetheless, so as to ensure optimal exploitation of red algae resources growing on inhabited islets, the Directors of Maritime Affairs may, when circumstances require it, and on the advice of the Scientific and Technical Institute of Maritime Fisheries, decide to authorize vessels not equipped for fishing to participate in this activity. Decisions of this kind specify the zones and period in which this participation is authorized. These authorizations are individual and may only be issued to those vessels which conform to standards of safety for harvesters and seaweed transport. They are valid only on condition that the red algae be harvested by foot on the islets, using no breathing equipment or mechanical gear.
Section V
Specific Dispositions for the Mediterranean
Article 17
The dispositions found in Articles 3, 4, 5, 7, 13, 14, 15 and 16 of this Order are not applicable to the Mediterranean littoral.
Article 18
In the Mediterranean, live algae or bottomweed as well as driftweed still afloat may be harvested by professional sailor-fishermen only. It may only take place by day, and by means of vessels equipped with crew-lists. The same applies to seaweed which the Highway or Civil Engineering Service has decided to have removed from ports and canals.
In no case may the vessels used come within 100 m of fishing installations or shellfish beds.
Article 19
In the seawater ponds of the Mediterranean, the harvest of live algae or bottomweed must be authorized by the Director of Maritime Affairs, on the advice of the Scientific and Technical Institute of Maritime Fisheries and after consultation with the mayors of the communes concerned.
Section VI
General Dispositions
Article 20
Seaweed of all species, growing or deposited by the sea within shellfish beds as well as duly registered fishing or aquaculture installations, belong to said installation.
Article 21
All measures for providing police enforcement and maintaining order during the harvest, whose objective is to regulate permanent conditions of seaweed exploitation are issued by order of the Directors of Maritime Affairs, without prejudice to police and civil order measures issued by other authorities.
Article 22
The order of April 29, 1963, modified February 22, 1973, is revoked.
Article 23
The Directors of Maritime Affairs are responsible for the execution of the present order which will be published in the Official Journal of the French Republic and inserted in the Official Bulletin of the Merchant Marine.
For the Secretary of Transportation and by delegation:
The General Secretary of the Merchant Marine
JEAN CHAPON
