ES-BAL-ANCHOR-L2.3

Fines and liability: Ley 42/2007 and why there is no 'typical' figure

ES-BAL-ANCHOR-M2 · The rules · ES-BAL-ANCHOR-M2-A The Balearic Posidonia decree, the 2026 state seagrass decree and the fines behind them.

Posidonia breaches are sanctioned under the state biodiversity law, with bands from **€100 to €2 million** and a duty to repair the damage.

Consequences

Governing: Ley 42/2007 (BOE-A-2007-21490) arts. 79–81; Decreto 25/2018 art. 13; RD 191/2026 art. 12. Builds on: L2.1, L2.2.

Which law fines you

Neither decree sets its own fines. Both send you to Ley 42/2007, del Patrimonio Natural y de la Biodiversidad (and, for Balearic protected areas, Ley 5/2005, the LECO). Article 81.1 sets three bands:

Class Fine
Leve €100 – €3,000
Grave €3,001 – €200,000
Muy grave €200,001 – €2,000,000 (regions may raise the maximum)

How an anchoring case is classified

Decreto 25/2018 art. 13.2 names "alteration of the habitat by anchoring" and points at letters h, j, m, n, o, q, s, t and x of Ley 42/2007 art. 80.1. The ones most likely to fit a yacht case:

  • h: altering a protected natural area by occupation, uprooting or similar;
  • j: significant deterioration of components of a priority habitat of Community interest (Posidonia is one);
  • n / o: destroying or damaging a species, or the habitat of a species, on the special-protection list without being catalogued;
  • q: significant alteration of habitats of Community interest;
  • s: breaching the rules or management plans of protected areas and Natura 2000 sites;
  • x: breaching any other requirement of the law.

Art. 80.2 then grades them. Letters h, j, n and o are grave unless they reach muy grave. Letters q, s and x are leve if there is no damage or damage is valued at €100,000 or less, and grave above that. Any letter becomes muy grave if damage is valued above €200,000. Repeating a grave offence within two years of a final sanction is itself muy grave.

Art. 81.2 lists the grading criteria: the risk and its effects, the damage, intent, benefit obtained and irreversibility. Decreto 25/2018 art. 13.3 adds that the area of meadow affected is especially relevant.

Repair on top of the fine

Art. 79.2: whatever the fine, the offender must repair the damage under the environmental liability law (Ley 26/2007), and pay compensation for damage that cannot be repaired. Where responsibility cannot be apportioned between several people, they are jointly liable (art. 79.4), which is worth remembering on a crowded anchorage.

What does a "typical" anchoring fine cost?

Nobody publishes one. No official table, BOIB resolution or government figure for a typical yacht anchoring case was found in this research. Press reports quote a range of individual cases, and they vary. The honest answer is: it depends on the offence letter the instructor picks, the damage valuation and the aggravating factors. The floor is €100; a case classed grave starts at €3,001.

WARNING — Do not quote a number to owners or guests If someone asks "what's the fine?", the correct answer is the band and the fact that the amount depends on the classification and the damage. Any single figure you repeat from the dock will be wrong for somebody.

Other laws that may apply at the same time

The same inspection may also find charter or navigation breaches under the Balearic charter sanctions law (Ley 2/2015; L6.1) or state merchant-marine law. Art. 79.5 prevents a double sanction for the same facts protecting the same interest, but different facts are sanctioned separately.

TIP — Aggravating factor in buoy fields Decreto 25/2018 art. 7.4: pumping bilges or discharging waste in a buoy field aggravates the offence. Keep the bilge pump switch where the guests cannot find it.

Practice questions

5 questions

recall · core

What is the fine band for a grave offence under Ley 42/2007 art. 81? (a) €200,001 – €2,000,000 (b) €2,000.01 – €20,000 (c) €100 – €3,000 (d) €3,001 – €200,000

recall · core

Which law's sanctions regime applies to breaches of RD 191/2026? (a) Ley 2/2015 (Balearic nautical activities) (b) The Traffic Act (c) Ley 42/2007 (natural heritage and biodiversity) (d) The Reglamento General de Costas

recall · core

Besides the fine, what does Ley 42/2007 art. 79.2 require of the offender? (a) Repair of the damage under the environmental liability law (b) Nothing further (c) A written apology (d) Surrender of the skipper's title

recall · core

What factor does Decreto 25/2018 art. 13.3 single out for grading Posidonia sanctions? (a) The area of meadow affected or destroyed (b) The time of day (c) The yacht's flag (d) The number of guests on board

scenario · core

The owner asks you, 'What's the fine if we get caught anchored on Posidonia? My friend paid €600 last year.' What is the most accurate reply? (a) There is no fine for a first offence (b) The fine is always €3,001 (c) There is no published typical fine; bands run from €100 to €2 million depending on classification and damage, and repair costs can be added (d) €600 is the standard fixed fine

Independent study. xplor is not affiliated with the Dirección General de la Marina Mercante, any Spanish regional government or the Govern de les Illes Balears, and awards no title, certificate or endorsement. Official Posidonia mapping, buoy-field rules, park plans and fees change: check the current official sources before every season and follow the instructions of park staff and inspectors. AI-drafted content pending subject-matter-expert review.