The High Court of Justice of the Balearic Islands has dismissed a legal challenge brought by the Spanish Federation of Underwater Activities (FEDAS) against the marine reserves of ses Bledes and es Vedrà-Vedranell, upholding the restrictions established to protect marine ecosystems off the west coast of Ibiza.

In Judgment 570/2026, issued on 14 October, the court rejected the federation's request to annul Decree 25/2023, which created the two marine reserves and established the activities permitted within their boundaries. According to the ruling, as reported by La Voz de Ibiza, the restrictions have sufficient environmental justification and do not breach the principle of equality.

The decision represents a significant legal setback for FEDAS, which had challenged the regulations since 2023, particularly the prohibition of recreational spearfishing while allowing certain forms of professional fishing under specific conditions.

However, the ruling does not necessarily conclude the legal process. The federation can still prepare an appeal on points of law, known as a cassation appeal, within 30 days of notification of the judgment.

Why FEDAS Challenged the Marine Reserves

The dispute began following the approval of Decree 25/2023 on 2 May 2023, which established the marine reserves of ses Bledes and es Vedrà-Vedranell.

The regulation introduced restrictions on fishing and other activities in the protected waters, including a prohibition on recreational spearfishing.

FEDAS filed its legal challenge on 16 June 2023, seeking the annulment of the decree in its entirety.

The federation argued that the restrictions were excessive and that the Govern had not sufficiently demonstrated why the creation of the reserves and the prohibition of spearfishing were necessary to achieve the stated conservation objectives.

It also maintained that protection of the ecosystems included in the Natura 2000 network could have been achieved through alternative legal instruments without imposing what it considered an absolute prohibition on spearfishing.

Another central argument concerned the different treatment of recreational and professional fishing. FEDAS questioned why spearfishing was prohibited while certain professional fishing methods remained permitted under regulated conditions.

The federation also challenged restrictions affecting other recreational fishing methods and underwater activities, including anchoring, freediving, underwater photography and certain forms of diving.

What the Court Said About Environmental Protection

The TSJIB rejected the argument that the creation of the reserves lacked sufficient technical justification.

According to La Voz de Ibiza's account of the judgment, the court considered the Government's decision to be supported by technical documentation, including a report prepared by TRAGSATEC and the Natura 2000 West Ibiza Coast Management Plan, alongside other reports included in the administrative file.

The judges concluded that the creation of the reserves was not an arbitrary decision, but one supported by objective environmental considerations relating to the protection of marine habitats and the recovery of fish populations.

The court also considered that the regional administration has the authority to determine which environmental protection instruments are appropriate, provided its decisions are properly justified and comply with the law.

The fact that FEDAS preferred alternative conservation measures did not, in the court's assessment, make the option selected by the Govern unlawful.

Why Professional Fishing Is Treated Differently

One of the most important questions in the case was whether prohibiting recreational spearfishing while allowing certain professional fishing activities amounted to discrimination.

FEDAS argued that the difference in treatment was unjustified, particularly because both activities involve the extraction of marine resources.

The court rejected this argument.

As reported in the judgment, the judges considered that the principle of equality does not require identical treatment of activities that have different characteristics.

The technical reports relied upon by the Govern identified specific characteristics of spearfishing that justified a separate regulatory regime within the marine reserves.

The court also considered that FEDAS had not demonstrated that spearfishing was in a situation equivalent to the other permitted forms of fishing.

Consequently, the difference in treatment was not considered discriminatory because it pursued a legitimate environmental objective and was supported by objective grounds.

The judges also rejected the claim that the restrictions were disproportionate, finding that the federation had not provided sufficient technical evidence to demonstrate that the measures were manifestly unsuitable for the objectives of conserving marine ecosystems and restoring fish stocks.

What Decree 25/2023 Actually Prohibits

The original regulation establishes two marine reserves and sets out the activities that can take place within their boundaries.

Under Article 4, the general rule is a prohibition on maritime fishing and the extraction of marine flora and fauna, subject to specific exceptions.

These include professional small-scale fishing carried out under regulated conditions and recreational fishing from boats or floating devices, also subject to restrictions and licensing requirements.

Recreational fishing from the islets themselves is prohibited. Spearfishing is not included among the permitted exceptions.

The decree also establishes special protection zones, including an area around Punta de na Bruta within the es Vedrà-Vedranell reserve, where additional restrictions apply.

The regulations cover underwater activities as well as fishing. Diving with autonomous equipment is subject to specific conditions, and individual night dives with scuba equipment are prohibited.

The distinction between the marine reserves and the wider surrounding protected natural area is important. The restrictions discussed in this case apply within the designated marine reserve boundaries and should not be interpreted as a general prohibition on spearfishing throughout all the waters around Es Vedrà.

Environmental Reasons Behind the Creation of the Reserves

The environmental justification for the reserves was set out in the Government's 2023 decree.

The Natura 2000 West Ibiza Coast Management Plan provided for the creation of the two reserves to protect marine habitats, particularly red gorgonian communities, and encourage the recovery of fish populations.

The decree referred to scientific research indicating that fish populations in the areas around ses Bledes and es Vedrà-Vedranell were significantly depleted in relation to the potential of their marine habitats.

It also highlighted the importance of protecting red gorgonian (Paramuricea clavata) populations, a vulnerable species found on submerged vertical walls in these waters.

The creation of the reserves was intended to support the recovery of marine ecosystems and fish populations, while also benefiting activities that depend on healthy marine environments, including artisanal fishing and diving tourism.

These environmental objectives formed part of the regulatory justification that the court, according to the reported judgment, considered sufficient.

FEDAS Faces Up to €3,000 in Legal Costs

The court dismissed FEDAS's appeal in full and upheld the validity of Decree 25/2023.

It also ordered the federation to pay the legal costs of the proceedings, setting a maximum limit of €3,000 across all cost items.

The ruling can still be challenged through a cassation appeal. According to the published report, FEDAS has 30 days from notification of the judgment to prepare the appeal before the Supreme Court or, where appropriate, the competent section of the High Court of Justice.

For now, the decision represents a judicial endorsement of the regulatory framework governing the marine reserves of ses Bledes and es Vedrà-Vedranell.

The outcome reinforces the Govern's position that restrictions on recreational spearfishing are justified by the need to protect marine habitats and restore fish populations, although the possibility of a further appeal means the legal dispute may not yet be entirely over.