Aquaculture and Fisheries (Scotland) Act 2013 Explanatory Notes

1. Introduction

2. The Act

   1. Part 1 Aquaculture

      1. Chapter 1 – Fish Farm Management

         1. Section 1 - Fish farm management agreements and statements

         2. Section 2 - Escapes, and obtaining samples, from fish farms

      2. Chapter 2 – Fish Farming: Equipment and Wellboats

         1. Equipment

            1. Section 3 - Technical requirements for equipment used in fish farming

         2. Wellboats

            1. Section 5 - Control and monitoring of operations of wellboats

            2. Section 5 - Control and monitoring of operations of wellboats

            3. Section 6 - Enforcement notices

            4. Section 7 - Marine enforcement officers’ functions

            5. Section 8 - Power to detain well boats in connection with court proceedings

            6. Section 9 - Release of wellboat detained under section 8

            7. Section 10 - Power of sheriff to order release of wellboats

      3. Chapter 3 – Commercially Damaging Species

         1. Orders relating to commercially damaging species

            1. Section 11 - Specification of commercially damaging species

            2. Section 12 - Movement of species, etc.

            3. Section 13 - Orders under section 12(1): samples and surveillance

            4. Section 14 - Offences relating to persons appointed under section 13

            5. Section 15 - Notification of presence of commercially damaging species

         2. Control

            1. Section 16 - Control agreements

            2. Section 17 - Control schemes

            3. Section 18 - Emergency action notices

            4. Section 19 - Appeals in connection with emergency action notices

         3. Powers

            1. Section 20 - Power to enter fish farms, shellfish farms, etc

         4. Offences

            1. Section 21- Offences in relation to control agreements, control schemes, etc.

         5. Interpretation

            1. Section 22 - Interpretation of Chapter 3

      4. Chapter 4 – Planning Permission

         1. Planning permission for marine fish farms

   2. Part 2

      Salmon Fisheries, Etc

      1. Governance

         1. Section 24 - District salmon fishery boards: openness and accountability

         2. Section 25 - Duty to consult and report before making certain applications

      2. Management

         1. Section 26 - Carcass tagging

         2. Section 27 - Powers to take fish or samples for analysis, etc.

         3. Section 28 - Power of the Scottish Ministers to conduct inquiries and obtain information

         4. Section 29 - Monitoring and evaluation of the effects of orders, etc.

         5. Section 30 - Power to vary procedures for orders, etc. relating to certain fisheries

         6. Section 31 - Offence of fishing for salmon during annual close time

         7. Section 32 - Consents for introduction of fish into inland waters

         8. Section 33 - Offences exempted by permission or consent: power to attach conditions etc.

      3. Salmon and Freshwater Fisheries (Consolidation)(Scotland) Act 2003: Crown application

         1. Section 34 – Application of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 to the Crown

   3. Part 3 – Sea Fisheries

      1. Enforcement of sea fisheries legislation

         1. Section 35 – Powers of British sea-fishery officers to enforce sea fisheries legislation

      2. Detention of vessels in connection with court proceedings

         1. Section 36 – Power to detain vessels in connection with court proceedings

         2. Section 37– Release of vessel detained under section 36

         3. Section 38 – Power of sheriff to order release of vessels

      3. Inspection and seizure of objects used in commercial sea fishing

         1. Section 39 – Power to inspect and seize objects

         2. Section 40 – Reports of inspections under section 39

         3. Section 41 – Retention of objects seized under section 39(3)

         4. Section 42 – Disposal of objects seized under section 39

      4. Retention and disposal of property seized by BSFOs

         1. Section 43 – Retention of property seized by British sea-fishery officers

         2. Section 44 – Power of Scottish Ministers to sell seized fish in their possession

         3. Section 45 – Disposal of property retained by Scottish Ministers under section 43

      5. Forfeiture

         1. Section 46 – Forfeiture of prohibited items

         2. Section 47 – Forfeiture of fish failing to meet size requirements

         3. Section 48 – Further provision about forfeiture under section 46 or 47

      6. Inshore Sea fishing

         1. Section 49 - Contravention of orders prohibiting inshore sea fishing

         2. Section 50 - Powers of entry

            1. Crown application: Scotland

      7. Enforcement of EU rules

         1. Section 51 – Modification of the Fisheries Act 1981: enforcement of EU rules

   4. Part 4 - Shellfish

      1. Protection of shellfish waters

         1. Section 54 - Protection and improvement of shellfish waters

      2. Orders as to fisheries for shellfish

         1. Section 55 - Power to make orders as to fisheries for shellfish

         2. Section 56 - Contravention of regulated fishery orders

         3. Section 57 - Enforcement of orders: powers of entry

            1. Crown application: Scotland

         4. Section 58 - Power to appoint inspectors before making orders as to fisheries for shellfish

   5. Part Five - Miscellaneous

      1. Charging

         1. Section 59 - Power to charge in connection with fisheries functions

      2. Fixed Penalty Notices

         1. Section 60 - Fixed penalty notices

         2. Section 61-

   6. Part Six – General

      1. Section 62 - Subordinate legislation

      2. Section 63 - Interpretation

      3. Section 64 - Ancillary provision

      4. Section 65 - Crown application

      5. Section 66 - Commencement

      6. Section 67 - Short title

   7. Schedule 1 – Commercially damaging species: control schemes

      1. Making a control scheme: procedure

      2. Variation or revocation of a control scheme: procedure

      3. Objections

      4. Making, varying or revoking a control scheme: notices

      5. Appeals

   8. Schedule 2 – Forfeiture under section 46 or 47

      1. Application of the Schedule

      2. Notice of intended forfeiture

      3. Notice of claim

      4. Automatic forfeiture in a case where no claim is made

      5. Decision whether to apply for order forfeiting property

      6. Return of property if no application made to the sheriff

      7. Forfeiture applications

      8. Appeal against sheriff’s decision on forfeiture application

      9. Effect of forfeiture

      10. Disposal of property which is not returned

      11. Provisions as to proof

      12. Power to destroy fish before forfeiture

      13. Power to return shellfish to the sea before forfeiture

3. Parliamentary History