Chapter II Natural reserves
LexInter | November 22, 2006 | 0 Comments

Chapter II Natural reserves

Article L332-1

   I. – Parts of the territory of one or more municipalities may be classified as a nature reserve when the conservation of fauna, flora, soil, water, mineral and fossil deposits and, in general, the natural environment is of particular importance or should be removed from any artificial intervention likely to degrade them. The classification may affect the public maritime domain and French territorial waters.
II. – The following are taken into consideration in this regard:
1 ° The preservation of endangered animal or plant species and habitats on all or part of the national territory or presenting remarkable qualities;
2 ° The reconstitution of animal or plant populations or their habitats;
3 ° The conservation of botanical gardens and arboreta constituting reserves of endangered, rare or remarkable plant species;
4 ° The preservation of biotopes and remarkable geological, geomorphological or speleological formations;
5 ° The preservation or creation of stages on the main migration routes of wild fauna;
6 ° Scientific or technical studies essential to the development of human knowledge;
7 ° The preservation of sites of particular interest for the study of the evolution of life and the first human activities.

Article L332-2

(Law n ° 2002-92 of January 22, 2002 art. 24 III Official Journal of January 23, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 109 II a Official Journal of February 28, 2002)

I. – The decision to classify a national nature reserve is pronounced, by decree, to ensure the conservation of elements of the natural environment of national interest or the implementation of community regulations or an obligation resulting from ‘an international convention.
The decision is made after consultation with all the local authorities concerned and, in mountain areas, the massif committees.
In the absence of the owner’s consent, the classification is pronounced by decree in the Council of State.
II. – The regional council may, on its own initiative or at the request of the owners concerned, classify as regional nature reserves the properties of interest for the fauna, flora, geological or paleontological heritage or, in general, for the protection of natural environments.
The classification decision is made after consulting the regional scientific council for natural heritage and consulting all the local authorities concerned as well as, in mountain areas, the massif committees.
The deliberation specifies the duration of the classification, the protective measures that are applicable in the reserve, as well as the methods of its management and control of the prescriptions contained in the act of classification.
This deliberation is taken after the agreement of the owner (s) concerned, both on the perimeter of the reserve and on the protective measures applicable there. In the absence of agreement, it is taken by decree in the Council of State.
The modification of a regional nature reserve takes place in the same ways.
A decree in the Council of State sets the applicable provisions in terms of the time limit for expressing the opinions provided for in this article, declaration of public utility affecting the perimeter of the reserve, withdrawal from classification and land registration, as well as liability owner’s calendar.
III. – In Corsica, the decision to classify nature reserves is pronounced by deliberation of the Corsican Assembly, after consultation of all the local authorities concerned and opinion of the representative of the State. The latter can ask the local authority of Corsica to classify a nature reserve in order to ensure the implementation of community regulations or an obligation resulting from an international convention. If this request is not granted, the State proceeds with this classification according to methods defined by decree of the Council of State.
This deliberation is taken after the agreement of the owner (s) concerned, both on the perimeter of the reserve and on the protective measures applicable there. In the absence of agreement, it is taken by decree in the Council of State.
The methods of management of nature reserves as well as control of prescriptions are defined by the Corsican Assembly, after agreement of the State when the classification decision has been taken by the latter or at its request.

Article L332-3

(Law n ° 2002-276 of February 27, 2002 art. 109 II b Official Journal of February 28, 2002)

I. – The act of classifying a national nature reserve may subject to a special regime and, where appropriate, prohibit within the reserve any action likely to harm the natural development of fauna and flora and , more generally, to alter the character of the said reserve, in particular hunting and fishing, agricultural, forestry and pastoral, industrial, mining and commercial activities, the execution of public or private works, the extraction of concessionary materials or no, the use of water, the circulation of the public, whatever the means employed, the straying of domestic animals and the flight over the reserve.
II. – The act of classifying a regional nature reserve or a nature reserve of the local authority of Corsica may subject to a special regime or, where appropriate, prohibit: agricultural, pastoral and forestry activities, the execution of various works, constructions and installations, the movement and parking of people, animals and vehicles, the throwing or depositing of materials, residues and rubbish of any kind that could harm the natural environment, the actions likely to harm the integrity of non-domestic animals or uncultivated plants in the reserve as well as the removal from the reserve of these animals or plants.
III. – The classification act takes into account the interest of maintaining existing traditional activities insofar as they are compatible with the interests defined in Article L. 332-1.

Article L332-4

(Law n ° 2002-276 of February 27, 2002 art. 109 II c 1 Official Journal of February 28, 2002)

The act of classification is published by the competent administrative authority, in the forms and in the manner prescribed by the laws and regulations concerning land registration. This publication does not give rise to any collection for the benefit of the State.
This act is communicated to the mayors with a view to its transcription during the revision of the cadastre.
It is notified to the owners and holders of real rights.

Article L332-5

   When the classification contains requirements such as to modify the condition or previous use of the premises determining direct, material and certain damage, it gives the right to compensation for the benefit of the owners, holders of real rights or their successors in title. .
In this case, the request for compensation must be produced within six months of the notification of the classification decision.
In the absence of an amicable agreement, the compensation is fixed by the expropriation judge.

Article L332-6

(Law n ° 2002-92 of January 22, 2002 art. 24 IV Official Journal of January 23, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 109 II c 2, d Official Journal of February 28, 2002)

From the day on which the competent administrative authority notifies the interested owner of its intention to constitute a nature reserve, no modification can be made to the inventory of fixtures or to their appearance for a period of fifteen months, except with special authorization from the competent administrative authority and subject to the exploitation of rural funds according to previous practices. This period is renewable once by decision of the president of the regional council or prefectural order, as the case may be, provided that the first consultations or the public inquiry have started. When the notification has been made in Corsica by the chairman of the executive council,

Article L332-7

(Law n ° 2002-276 of February 27, 2002 art. 109 II c 2 Official Journal of February 28, 2002)

The effects of the classification follow the classified territory, in whatever hand it passes.
Anyone who alienates, leases or grants a territory classified as a nature reserve is required to inform the purchaser, lessee or concession holder of the existence of the classification.
Any alienation of a building located in a nature reserve must be notified, within fifteen days, to the competent administrative authority by the person who granted it.

Article L332-8

(Law n ° 2002-276 of February 27, 2002 art. 109 II e Official Journal of February 28, 2002)

The management of nature reserves can be entrusted by agreement to public establishments, public interest groups or associations governed by the law of July 1, 1901 relating to the association contract, whose main statutory object is the protection of heritage. natural, to foundations, to owners of classified land, or to local authorities or their groups.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Changes in the condition or appearance of a nature reserve

Article L332-9

(Law n ° 2002-276 of February 27, 2002 art. 109 II g Official Journal of February 28, 2002)

Territories classified as nature reserves may not be destroyed or modified in their state or appearance, except with special authorization from the regional council for regional nature reserves, or the representative of the State for national nature reserves. In Corsica, the authorization is the responsibility of the Assembly of Corsica when the local authority has taken the decision of classification.
A Council of State decree fixes the terms of this authorization, in particular the prior consultation of the competent bodies.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 3: Derating

Article L332-10

(Law n ° 2002-92 of January 22, 2002 art. 24 VI Official Journal of January 23, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 109 II h Official Journal of February 28, 2002)

The total or partial downgrading of a territory classified as a nature reserve is pronounced after a public inquiry, by decree of the Council of State in the case of a national nature reserve, or by deliberation of the regional council when it is is a regional nature reserve.
It is subject to the measures provided for in Article L. 332-4.
The Corsican Assembly may, after public inquiry, decide on the total or partial declassification of a territory which it has declared as a nature reserve, with the exception of land classified as nature reserves at the request of the representative of the State. . The decommissioning decision makes the

ENVIRONMENTAL CODE
(Legislative Part)

Section 2: Voluntary nature reserves

Article L332-11

(Law n ° 2002-92 of January 22, 2002 art. 24 VII Official Journal of January 23, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 109 II I Official Journal of February 28, 2002)

The voluntary nature reserves approved on the date of entry into force of the law n ° 2002-276 of February 27, 2002 relating to the democracy of proximity become regional nature reserves or, in Corsica, natural reserves of the territorial collectivity of Corsica. However, for a period of one year from the same date, the owners concerned may request the withdrawal of the approval from which they benefit.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Protection of nature reserves

Article L332-13

(Law n ° 2002-92 of January 22, 2002 art. 24 VIII Official Journal of January 23, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 109 II k Official Journal of February 28, 2002)

No one may acquire by prescription, over a nature reserve, rights likely to modify its character or to change the appearance of the place.
An easement can only be established by convention in a nature reserve with the agreement of the representative of the State or, when he has taken the classification decision, of the regional council. In Corsica, the required agreement is issued by the Corsican Assembly when it has taken the classification decision.

Article L332-14

   Advertising is prohibited in nature reserves.

Article L332-15

   On the territory of a nature reserve, it is compulsory to bury electrical or telephone networks or, for electric lines with a voltage of less than 19,000 volts, to use twisted network techniques on the residential facade. , when creating new power lines or new telephone networks.
When imperative technical requirements or topographical constraints make burying impossible, or when the impacts of this burying are deemed to be greater than those of laying an overhead line, this prohibition may be exceptionally waived by joint decree of the Minister in charge of

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Perimeter of protection

Article L332-16

(Law n ° 2002-276 of February 27, 2002 art. 109 II l Official Journal of February 28, 2002)

The regional council, for regional nature reserves, or the representative of the State, for national nature reserves, may establish protection perimeters around these reserves. In Corsica, the decision rests with the Corsican Assembly when the local authority has taken the classification decision.
These perimeters are created after a public inquiry on proposal or after agreement of the municipal councils.

Article L332-17

   Within the protection perimeters, regulations may subject to a special regime or prohibit any action likely to alter the character or to harm the nature reserve. The prescriptions concern all or part of the actions listed in Article L. 332-3.

Article L332-18

   The provisions of Articles L. 332-7 and L. 332-8 apply to the protection perimeters.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 3: Miscellaneous provisions

Article L332-19

   Nature reserves created in application of article 8 bis of the law of 2 May 1930 are subject to the provisions of this chapter.

Article L332-19-1

(Law n ° 2002-92 of January 22, 2002 art. 24 IX Official Journal of January 23, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 109 II m Official Journal of February 28, 2002)

In articles L. 332-4, L. 332-6 and L. 332-7, the words: “competent administrative authority” designate the president of the executive council when the local authority of Corsica has taken the classification decision.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Finding of offenses and prosecution

Article L332-20

(Law n ° 2003-239 of March 18, 2003 art. 91 I Official Journal of March 19, 2003)

Are empowered to note violations of the provisions of Articles L. 332-3, L. 332-6, L. 332-7, L. 332-9, L. 332-11, L. 332-12, L. 332- 17 and L. 332-18, in addition to the officers and agents of the judicial police listed in Articles 16, 20 and 21 of the Code of Criminal Procedure:
1 ° Commissioned customs officers;
2 ° The agents commissioned, for this purpose, by the administrative authority, sworn to the tribunal de grande instance to which their domicile is attached and who may, in addition, be commissioned for the observation of hunting and fishing offenses committed in nature reserves;
3 ° The agents of the State and of the National Forestry Office commissioned to ascertain offenses in forestry, hunting, fishing, health inspection, animal protection or plant protection, within the scope of constituencies for which they are sworn in;
4 ° The sworn and commissioned agents of the national parks, those of the National Office for Hunting and Wildlife and of the Superior Council of Fisheries;
4º bis The rural guards;
5 ° When the protection measures relate to the maritime public domain or the territorial waters, the agents authorized by the decree of January 9, 1852 on the exercise of sea fishing to note violations of the regulations on the exercise of sea fishing , as well as the officials in charge of the police of the maritime public domain and of the territorial waters.

NOTE – Law 2003-329 article 131: Articles 77, … 86 to 89, 91 … are applicable to Mayotte.

 

Article L332-21

   The reports drawn up by the officials and agents designated in Article L. 332-20 are authentic until proven otherwise. They are delivered or sent directly to the public prosecutor. This delivery or sending takes place, under penalty of nullity, five clear days after the day on which the infringement was noted.
The rules of criminal procedure enacted by articles 17 to 21 bis of the decree of January 9, 1852 on the exercise of sea fishing are applicable in the event of offenses committed in the public maritime domain or in territorial waters.

Article L332-22

(Ordinance n ° 2004-178 of February 20, 2004 art. 3 Official Journal of February 24, 2004)

I. – The agents of the nature reserves are empowered to note in the maritime zone of these reserves the infringements of the regulations concerning the protection of this zone.
II. – They are also empowered to investigate and observe in this maritime zone:
1 ° Violations of the navigation police defined in article 63 of the disciplinary and penal code of the merchant marine, with regard to the police of water and roadsteads, and article R. 1 of the same code;
2 ° The offenses defined in articles L. 218-10 to L. 218-19 and in article L. 218-73 of this code;
3 ° breaches of the beaconing police defined in articles L. 331-1, L. 331-2 and R. 331-1 of the maritime ports code;
4 ° The offenses defined in Articles L. 532-3, L. 532-4, L. 532-7 and L. 532-8 of the Heritage Code;
5 ° The offenses defined in articles 2, 5 and 6 of the decree of January 9, 1852 on the exercise of sea fishing.
III. – As agents in charge of the fisheries police, they have the prerogatives provided for in article 14 of the aforementioned decree of January 9, 1852 to carry out checks.
IV. – They are commissioned, for this purpose, by the administrative authority and sworn to the tribunal de grande instance to which their domicile is attached.
V. – The reports drawn up by these agents are authentic until proven otherwise. They are sent to the administrative or judicial authorities in accordance with the procedures provided for the violations observed.

NOTE: the 3rd paragraph of article 7 of law n ° 89-874 is repealed by 14 ° of article 7 of ordinance n ° 2004-178 of February 20, 2004 relating to the legislative part of the heritage code, under subject to the provisions of 7 ° of its article 8. The repeal will not take effect until the publication of the regulatory provisions of the heritage code.

Article L332-22-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 19 III Official Journal of April 15, 2006)

Without prejudice to the penal sanctions incurred, any attack on the integrity and conservation of the public domain included in the perimeter of a nature reserve, or likely to compromise its use, constitutes a major road traffic violation noted, repressed and prosecuted by administrative route.
It is ascertained by the agents referred to in Article L. 332-20, without prejudice to the skills of judicial police officers and agents and other specially authorized agents.
The convicted persons are required to repair these violations and incur the fines provided for fifth class fines and cases of repeat offenses. They bear the costs of provisional and urgent measures that the manager of the nature reserve may have had to take to put an end to the disturbance caused to the public domain by the violations observed.
The prefect, for a national nature reserve, the president of the regional council, for a regional nature reserve, and the president of the executive council of Corsica, for a nature reserve of the territorial collectivity of Corsica, respectively have competence to seize the administrative court, under the conditions and following the procedures provided for by the administrative justice code.

Article L332-23

   The officials and agents designated in Article L. 332-20 are empowered, in the performance of their duties, to visit nature reserves and their protection perimeters in order to ensure compliance with the rules to which they are subject and to note any infringement.
The fact of making these officials or agents unable to perform their duties, in particular by refusing them entry to a nature reserve, is punishable by the penalties provided for in Article L. 332-25, without prejudice to the where applicable, the penalties provided for in Articles 433-6 et seq. of the Criminal Code.

Article L332-24

   Violations of the regulation of nature reserves mentioned in article 529 of the code of penal procedure may give rise to the procedure of the fixed fine.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Sanctions

Article L332-25

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Violations of the provisions of Articles L. 332-6, L. 332-7, L. 332-9, L. 332-12, L. 332- shall be punished by six months’ imprisonment and a fine of 9,000 euros. 17 and L. 332-18.

Article L332-25-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 25 III Official Journal of April 15, 2006)

Legal persons can be declared criminally liable under the conditions provided for in article 121-2 of the penal code for the offense provided for in article L. 332-25.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38 of the penal code;
2º The penalties mentioned in 2º, 3º, 4º, 5º, 6º, 8º and 9º of article 131-39 of the same code.
The prohibition mentioned in 2 ° of article 131-39 of the same code relates to the activity in the exercise of or on the occasion of the exercise of which the offense was committed.

Article L332-26

   The officers responsible for recording the offenses mentioned in Articles L. 332-3 and L. 332-25 may seize the object of the offense as well as the instruments and vehicles used to commit the offense.
The costs of transport, maintenance and custody of the seized objects are borne by the accused.
The judgment of conviction can pronounce the confiscation of the object of the offense as well as the instruments and vehicles having been used to commit the offense.

Article L332-27

(Law n ° 2002-276 of February 27, 2002 art. 109 II n Official Journal of February 28, 2002)

In the event of an infringement of the provisions of Articles L. 332-6, L. 332-9, L. 332-17 and L. 332-18 or the requirements of the classification act as provided for in article L. 332-3 of this code, the provisions and sanctions enacted in articles L. 480-2, L. 480-3, L. 480-5 to L. 480-9 of the town planning code and the Article L. 341-20 of this code is applicable to territories placed in nature reserves, the Minister responsible for nature protection being substituted for the Minister responsible for town planning.
For the application of paragraph 1 of Article L. 480-2 of the Town Planning Code, the public prosecutor can only act at the request of the mayor, the competent official or an association for the protection of the environment approved under Article L. 141-1 of this code.
For the application of Article L. 480-5 of the Town Planning Code, the court rules either on the compliance of the premises with the prescriptions formulated respectively by the Minister responsible for the environment, the president of the regional council or the President of the Executive Council of Corsica, depending on whether it is a national nature reserve, a regional nature reserve, or a nature reserve classified by the Assembly of Corsica, or on the re-establishment in their previous state.

ENVIRONMENTAL CODE
(Legislative Part)

Section 1: Marine Protected Areas Agency

Article L334-1

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

I. – A national public administrative establishment called the “Marine Protected Areas Agency” is created.
II. – The agency coordinates the network of French marine protected areas and contributes to France’s participation in the constitution and management of marine protected areas decided at the international level.
To this end, it may be entrusted with the direct management of marine protected areas. It provides technical, administrative and scientific support to other managers of marine protected areas and encourages marine protected area projects in order to form a coherent network. It thus contributes to the implementation of France’s international commitments in favor of marine and coastal biological diversity.
It can also be charged by the State with any action related to its statutory missions.
III. – The marine protected areas referred to in this article include:
1 ° National parks with a maritime part, provided for in article L. 331-1;
2 ° Nature reserves with a maritime part, provided for in article L. 332-1;
3 ° The decrees of biotopes having a maritime part, provided for in article L. 411-1;
4 ° The marine natural parks, provided for in article L. 334-3;
5 ° Natura 2000 sites with a maritime part, provided for in article L. 414-1;
6 ° The maritime parts of the area coming under the Conservatory of Coastal Space and Lake Shores.
The Council of State decree mentioned in article L. 334-8 defines the procedure at the end of which other categories of marine protected areas concerned by the agency are identified.

Article L334-2

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

I. – The agency is administered by a board of directors made up of representatives of the State for at least two-fifths, a deputy and a senator appointed by their respective assembly, representatives of the managers of the different categories of ” marine protected areas or their management boards or committees, interested local authorities and their competent groups, a representative of the regional natural park (s) concerned, representatives of organizations representing professionals, user organizations, environmental protection associations, state public establishments competent for research at sea,a representative of the representative trade union organizations at the national level, as well as qualified personalities.
Local civil servants can be made available to the agency.
II. – The agency’s resources consist in particular of contributions from the State and, where applicable, managers of marine protected areas and local authorities, by any public or private subsidy and, if applicable, by fees for service rendered and the revenue from taxes.

ENVIRONMENTAL CODE
(Legislative Part)

Section 2: Marine natural parks

Article L334-3

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

Marine natural parks can be created in the waters placed under the sovereignty of the State and, where appropriate, in continuity with these, in the waters placed under its jurisdiction, as well as in the areas belonging to the maritime public domain, to contribute to knowledge of the marine heritage as well as to the protection and sustainable development of the marine environment. The creation of marine natural parks located in part in waters under State jurisdiction takes into account the provisions of the United Nations Convention on the Law of the Sea of ​​10 December 1982, in particular part XII.
The decree creating a marine natural park is taken after a public inquiry. It sets the boundaries of the park and the composition of the management board and sets the management guidelines for the marine natural park.

Article L334-4

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

I. – This category of marine protected areas is managed by the Marine Protected Areas Agency provided for in Article L. 334-1.
II. – A management board is set up for each marine natural park. It is made up of local representatives of the State in a minority way, representatives of the local authorities concerned and their competent groups, the representative of the regional natural park (s) concerned, the representative of the management body of a marine protected area. contiguous, representatives of organizations representing professionals, user organizations, associations for the protection of
The management board decides on issues of interest to the park. He draws up the park management plan. It defines the conditions for technical support for the projects of local authorities who want to join them. It may receive delegation from the agency’s board of directors.

Article L334-5

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

The management plan determines the protection, knowledge, enhancement and sustainable development measures to be implemented in the marine natural park. It includes a graphic document indicating the different zones of the park and their vocation. It is reviewed every fifteen years at least.
The Marine Protected Areas Agency may award grants intended to finance projects contributing to the implementation of the management plan.
The State, local authorities and organizations associated with the management of the marine natural park ensure the consistency of their actions and the means that
When an activity is likely to significantly alter the marine environment of a marine natural park, the authorization to which it is subject can only be issued with the assent of the Marine Protected Areas Agency or, upon delegation. , the management board. This procedure is not applicable to activities meeting the needs of national defense, public order, maritime security and the fight against pollution.

Article L334-6

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

I. – Without prejudice to the skills of judicial police officers and agents and other specially authorized agents, may be sought and observed in the marine natural park by the agents of the public establishment in charge of marine natural parks, commissioned for this purpose by administrative authority and sworn in:
1 ° Violations of the water and roadstead police defined in article 63 of the disciplinary and penal code of the merchant navy;
2 ° The offenses against the discharge policy defined in articles L. 218-10 to L. 218-19, L. 218-22 and L. 218-73 of this code;
3 ° Violations of the maritime signaling police defined in articles L. 341-1 and L. 341-2 of the maritime ports code and the measures taken for their application;
4 ° Police offenses for maritime cultural property defined in Articles L. 544-5 to L. 544-7 of the Heritage Code;
5 ° Violations of the provisions of the decree-law of January 9, 1852 on the exercise of sea fishing and its implementing texts. As agents in charge of the fisheries police, the agents mentioned in the first paragraph have the prerogatives provided for in article 14 of the above-mentioned decree-law of January 9, 1852 to carry out checks;
6 ° The offenses mentioned in article L. 322-10-1 of this code relating to access to areas managed by the Coastal Space and Lake Shore Conservatory;
7 ° The offenses mentioned in Articles L. 332-20 and L. 332-22 relating to nature reserves;
8 ° The offenses mentioned in article L. 362-5 relating to the movement of land motor vehicles in natural areas;
9 ° The offenses mentioned in article L. 415-1 relating to the protection of flora and fauna.
II. – The reports drawn up by these agents are authentic until proven otherwise. They are sent to the administrative or judicial authorities in accordance with the procedures provided for the violations observed.

Article L334-7

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

Without prejudice to the penal sanctions incurred, any attack on the integrity and conservation of the public domain included in the perimeter of a marine natural park, or likely to compromise its use, constitutes a major road traffic violation noted, repressed and prosecuted. by administrative route.
It is ascertained by the agents referred to in Article L. 334-6, without prejudice to the skills of judicial police officers and agents and other specially authorized agents.
Those convicted are required to repair these violations and incur the fines provided for fifth class fines and cases of repeat offenses. They bear the costs of provisional and urgent measures that the management board may have taken to put an end to the disturbance caused to the public domain by the violations observed.
The director of the Marine Protected Areas Agency and, upon delegation, his representatives to the management boards have the competence to seize the administrative court, under the conditions and following the procedures provided for by the administrative justice code.

Article L334-8

(inserted by Law n ° 2006-436 of April 14, 2006 art. 18 Official Journal of April 15, 2006)

A decree of the Council of State fixes the modalities of application of this chapter.

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