Seguro que muchos conocéis el caso del incidente del velero Mirfak con un grupo de orcas. Aunque las orcas son animales pacíficos, este incidente en las costas de A Coruña no es un caso aislado. Nuestro socio Ignacio Rodríguez de la Riva, opina sobre este tema para El País.
Los tripulantes del velero Mirfak contemplaron atónitos, el grupo de orcas marinas que nadaba a su lado. Un marinero grabó el momento crítico, cuando uno de los inesperados compañeros de viaje arrancaba de un bocado parte del timón de la embarcación y los dejaba a la deriva. Desde mayo de 2020 hasta septiembre de 2021 se han registrado al menos 140 de estos misteriosos toques en las costas de Galicia, el Estrecho, Portugal y Francia, según el trabajo del grupo científico Orca Atlántica.
Los encontronazos entre animales y humanos han sido una fuente recurrente de problemas legales como decidir quién debe pagar los desperfectos, estudiar la negligencia de la víctima o incluso la posible culpa de las autoridades son algunas de las dudas que surgen.
¿Es factible acusar a la Administración por no controlar las especies marinas? Las orcas son especies protegidas y reclamar una indemnización por chocar con una de ellas es, en teoría, posible, afirma nuestro Socio Director Ignacio R. de la Riva. La colisión debe darse en “zonas de soberanía nacional y no en aguas internacionales” y es importante que la embarcación no incurra en ninguna irregularidad en su travesía, como “la prohibición de navegar en determinadas zonas y días”, para no interceder en las rutas migratorias de estos cetáceos, apunta el letrado.
De la Riva, también explica que, sin embargo, daños de tejones o aves rapaces, especies que no cuentan con una regulación especial, no han sido reparados por el Estado “por no existir relación de causalidad entre los deterioros y la conducta de la Administración”.
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