Search Legislation

Aquaculture and Fisheries (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 5

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Aquaculture and Fisheries (Scotland) Act 2007, Part 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 5SMiscellaneous

34Unauthorised introduction of fish into certain marine watersS

After section 2B of the 1937 Act (designated areas: authority to remove fish), insert—

2CUnauthorised introduction of fish into certain marine waters

(1)With a view to preventing any marine waters adjacent to Scotland from becoming infected waters, the Scottish Ministers may by order made by statutory instrument specify such parts of those waters as they consider appropriate.

(2)Before making an order under subsection (1) the Scottish Ministers must consult such persons as they consider appropriate.

(3)An area specified under subsection (1) is a “specified area” for the purposes of this section.

(4)A person is guilty of an offence who, without the prior written consent of the Scottish Ministers, intentionally introduces into waters within a specified area live fish which—

(a)are of such species as may be specified by the Scottish Ministers by order;

(b)are from waters which are not part of that specified area; and

(c)have at any time been in salt water which forms part of—

(i)such inland waters of the United Kingdom as may be designated by the Scottish Ministers by order; or

(ii)such marine waters adjacent to the United Kingdom as may be so designated.

(5)The Scottish Ministers may make regulations in relation to the obtaining of the consent mentioned in subsection (4) and in particular may include provision—

(a)regulating the form of the application for such consent;

(b)specifying the information to be provided and any assessment to be undertaken as part of an application;

(c)specifying the time by which an application must be made before the proposed introduction of the fish.

(6)Regulations under subsection (5) may make different provision for different purposes.

(7)The power conferred by—

(a)subsection (1) or (4)(a) or (c)(i) or (ii) to make an order;

(b)subsection (5) to make regulations,

must be exercised by statutory instrument; and a statutory instrument containing any such order or regulations is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8)In subsection (1), “marine waters adjacent to Scotland” has the same meaning as in section 2ZB(6)..

Commencement Information

I1S. 34 in force at 1.8.2007 by S.S.I. 2007/333, art. 2(1)

35Unauthorised introduction of fish into inland watersS

(1)Section 24 of the 2003 Act is repealed.

(2)After section 33 of that Act (salmon fishing: regulations as to baits and lures), insert—

Unauthorised introduction of fish into inland watersS

33AUnauthorised introduction of fish into inland waters

(1)A person shall be guilty of an offence if the person intentionally introduces any live fish or live spawn of any fish into inland waters.

(2)A person shall be guilty of an offence if the person possesses any live fish or live spawn of any fish with the intention of introducing it into inland waters.

(3)A person shall not be guilty of an offence under this section if—

(a)the inland waters concerned constitute or are included in a fish farm, or

(b)the appropriate authority have previously consented in writing.

(4)Where—

(a)the fish concerned are salmon or the spawn concerned are salmon spawn, and

(b)the inland waters concerned are in a salmon fishery district for which there is a district salmon fishery board,

the district salmon fishery board are the appropriate authority.

In any other case the Scottish Ministers are the appropriate authority.

(5)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)A person who commits an offence under this section may be convicted on the evidence of one witness..

Commencement Information

I2S. 35 in force at 1.8.2008 by S.S.I. 2007/333, art. 2(2)

36Payments in respect of fish destroyedS

(1)The Scottish Ministers may, in accordance with a scheme made by them by order, make payments in respect of any fish or shellfish destroyed in pursuance of the exercise of such powers of the Scottish Ministers under or by virtue of such enactments as may be specified by them by order.

(2)An order under subsection (1) may, in particular, include provision—

(a)regulating applications for, and the method of payment of, any amount payable by virtue of this section,

(b)as to the amount payable and the basis on which those amounts are ascertained,

(c)as to conditions that must be met for payments to be made,

(d)as to circumstances where payments may not be made.

(3)In subsection (1), “fish” and “shellfish” have the same meanings as in Part 1.

Commencement Information

I3S. 36 in force at 1.8.2007 by S.S.I. 2007/333, art. 2(1)

37Payments for certain purposesS

(1)The Scottish Ministers may make payments of such amount and subject to such conditions as they may determine to any person or group of persons for any of the purposes mentioned in subsection (2) in relation to any of the matters mentioned in subsection (3).

(2)The purposes are—

(a)development,

(b)promotion,

(c)organisation,

(d)research.

(3)The matters are—

(a)fish farming,

(b)shellfish farming,

(c)other aspects of aquaculture,

(d)sea fisheries,

(e)the sea fish industry,

(f)salmon fisheries,

(g)freshwater fisheries.

(4)A payment under this section may be limited so as to be made in connection to a specified part or area of Scotland.

(5)For the purposes of this section, a person is regarded as engaged in the sea fish industry if the person carries on or is employed in the business of catching, processing, transporting or selling sea fish or sea fish products.

(6)In this section—

  • [F1fish farming ” has the same meaning as in Part   1, except that businesses involved in such activity need not be authorised as an aquaculture production business under regulation   6 of the 2009 Regulations ; ]

  • migratory trout” means any species of trout which migrates to and from the sea;

  • salmon” includes any fish of the salmon species;

  • sea fish” means fish of any kind found in the sea, including shellfish but not salmon or migratory trout;

  • shellfish” has the same meaning as in Part 1;

  • [F2shellfish farming ” has the same meaning as in Part   1, except that businesses involved in such activity need not be authorised as an aquaculture production business under regulation   6 of the 2009 Regulations . ]

38Information about fish farming and shellfish farming: economic, social and environmental aspectsS

(1)The Scottish Ministers may make an order under this section for the purpose of obtaining information in relation to the economic, social and environmental aspects of—

(a)fish farming,

(b)shellfish farming.

(2)An order under this section may require any person who carries on a business of fish farming or shellfish farming—

(a)to provide to the Scottish Ministers such information, in writing, as may be specified in the order in relation to the purpose mentioned in subsection (1),

(b)to compile such records as may be so specified in relation to that purpose,

(c)to retain for such period (not exceeding 3 years) as may be so specified, any records compiled by virtue of paragraph (b).

(3)An inspector may require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of an order made under this section.

(4)Information provided, records compiled and records retained under this section may be provided, compiled and retained electronically.

(5)A person commits an offence who—

(a)fails, without reasonable excuse, to comply with a requirement of an order under this section,

(b)in purported compliance with a requirement of an order under this section knowingly provides any information or compiles a record which is false in a material particular,

(c)knowingly alters a record compiled in accordance with a requirement of an order under this section so that the record becomes false in a material particular.

(6)A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)In this section, “fish farming”, “inspector” and “shellfish farming” have the same meanings as in Part 1.

Commencement Information

I5S. 38 in force at 1.8.2007 by S.S.I. 2007/333, art. 2(1)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources