Search Legislation

Aquaculture and Fisheries (Scotland) Act 2013

Status:

This is the original version (as it was originally enacted).

CHAPTER 1Fish farm management

1Fish farm management agreements and statements

(1)The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2)After section 4 insert—

Fish farm management agreements and statements
4AFish farm management agreements and statements

(1)A person who carries on a business of fish farming at a fish farm located within a farm management area must—

(a)be party to a farm management agreement, or prepare and maintain a farm management statement, in relation to the fish farm, and

(b)ensure that the fish farm is managed and operated in accordance with the agreement or (as the case may be) statement.

(2)For the purposes of this section, a “farm management agreement” is an agreement—

(a)between two or more persons who carry on a business of fish farming at fish farms located in a farm management area, and

(b)which contains provision about the matters specified in subsection (4).

(3)For the purposes of this section, a “farm management statement” is a statement—

(a)prepared and maintained by a person who—

(i)carries on a business of fish farming at a fish farm located in a farm management area, and

(ii)is not, in relation to that fish farm, party to a farm management agreement, and

(b)which contains provision about the matters specified in subsection (4).

(4)The matters referred to in subsections (2)(b) and (3)(b) are—

(a)a description of the farm management area and the fish farm or farms to which the agreement or statement applies,

(b)arrangements for—

(i)fish health management,

(ii)management of parasites,

(iii)the movement of live fish on and off the farms,

(iv)the harvesting of fish,

(v)fallowing of the farms after harvesting,

(c)review of the agreement or statement at least every 2 years,

(d)in the case of a farm management agreement, arrangements for persons to become, or cease to be, parties to the agreement.

(5)In this section—

  • the “Code of Practice” means the document called the Code of Good Practice for Scottish Finfish Aquaculture as issued and revised from time to time by the body known as the Code of Good Practice Management Group,

  • “farm management area” means an area specified as such in the Code of Practice.

(6)The Scottish Ministers may by order modify the definition of the Code of Practice in subsection (5) so as to—

(a)substitute a reference to another document for the one for the time being referred to in that definition,

(b)substitute a reference to another body for the one for the time being referred to in that definition.

(7)An order under subsection (6) may—

(a)include incidental, supplemental, consequential, transitional, transitory or saving provision,

(b)modify any enactment, instrument or document.

4BInspections: farm management agreements and statements

(1)An inspector may carry out an inspection of any fish farm to which section 4A(1) applies for the purpose of ascertaining whether that section is being complied with.

(2)In particular, an inspection under subsection (1) may include—

(a)taking samples (including samples of fish or material from fish),

(b)examining, and taking copies of, documents or records.

(3)An inspector may arrange for the carrying out of such tests as the inspector considers necessary, using samples taken during an inspection under subsection (1), for the purpose mentioned in subsection (1)..

(3)In section 6 (enforcement notices), for subsection (1) substitute—

(1)Where the Scottish Ministers are satisfied that a person who carries on a business of fish farming—

(a)does not have satisfactory measures in place for any of the purposes mentioned in subsection (2), or

(b)in relation to a fish farm to which section 4A(1) applies, has failed or is failing to comply with that section,

the Scottish Ministers may serve a notice (“an enforcement notice”) on the person..

(4)In section 43(3) (orders subject to affirmative procedure), in paragraph (a), after “section” insert “4A(6) or”.

2Escapes, and obtaining samples, from fish farms

(1)The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2)In section 5 (inspections: containment and escape of fish)—

(a)in subsection (2), after paragraph (b) insert—

(ba)ascertaining the origin of fish known or believed to have escaped from the fish farm or any other fish farm,,

(b)in subsection (3), in paragraph (a), after “equipment” insert “, fish or material from fish”.

(3)After section 5 insert—

Sampling
5AObtaining samples from fish farms

(1)An inspector may take samples of fish, or material from fish, on a fish farm for any of the purposes mentioned in subsection (3).

(2)An inspector may require a person who carries on a business of fish farming to provide the inspector with samples of fish, or material from fish, on the fish farm for a purpose mentioned in subsection (3).

(3)The purposes are—

(a)assisting any investigations into escapes of fish from fish farms that may require to be carried out,

(b)analysing the samples mentioned in subsections (1) and (2) for scientific or other research,

(c)assessing the impact of—

(i)the operations of fish farms on the environment,

(ii)escapes of fish from fish farms on stocks of fish other than those on fish farms, and

(d)developing methods of tracing the origins of fish that escape from fish farms.

(4)This section is without prejudice to sections 4B and 5..

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 Executive department responsible for the subject matter of the Act 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

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