Diseases of Fish (Control) Regulations (Northern Ireland) 1996

Interpretation

2.—(1) In these Regulations—

“the Department” means the Department of Agriculture for Northern Ireland;

“Directive 90/667/EEC” means Council Directive of 27th November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin(1) which has been amended as set out in Schedule 1;

“Directive 91/67/EEC” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(2) which has been amended as set out in Schedule 1;

“farm” includes a farm in marine waters;

“fish suspected of being infected” means fish showing clinical signs or post mortem lesions or dubious reactions in laboratory tests giving rise to reasonable suspicion of the presence of a disease which is listed in Schedule 3;

“infected” in relation to—

(a)

a farm, means a farm containing infected fish as well as a farm from which infected fish have been removed but which has not yet been disinfected in accordance with these Regulations;

(b)

any fish, means the presence in that fish of a disease listed in Part I or Part II of Schedule 3 officially confirmed by laboratory examination or, in the case of Infectious Salmon Anaemia, by a clinical examination and a post mortem examination;

“infected waters order” has the meaning assigned to it by section 1(1) of the Diseases of Fish Act (Northern Ireland) 1967(3); and

“inspector” means a person appointed by the Department for the purposes of these Regulations.

(2) All other expressions have the meaning they bear in the Fish Health Regulations (Northern Ireland) 1993(4).

(3) All notices served under these Regulations and any authorisation granted under regulation 8(2) or 9(2)—

(a)shall be in writing;

(b)may be made subject to conditions; and

(c)may be amended, suspended or revoked in writing at any time.

(4) The control measures provided for in regulations 4 to 9 are without prejudice to any measures which may be taken to prevent, eradicate or control fish disease under the provisions of the Fisheries Act (Northern Ireland) 1966(5), the Diseases of Fish Act (Northern Ireland) 1967 or the Fish Health Regulations (Northern Ireland) 1993.

(5) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(1)

O.J. No. L363, 27.12.90, p. 51 as read with the provisions listed in Schedule 1

(2)

O.J. No. L46, 19.2.91, p. 1 as read with the provisions listed in Schedule 1