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The Aquatic Animal Health (Scotland) Regulations 2009

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The Aquatic Animal Health (Scotland) Regulations 2009, PART 4A is up to date with all changes known to be in force on or before 19 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1PART 4AF2F3F4F5F6PROVISION OF INFORMATION, RECORD KEEPING AND NOTIFICATIONS

F2Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

F31972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) Schedule 8, paragraph 15(3) and section 27 of the Legislative and Regulatory Reform Act 2006. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

F4O.J. No. L 156, 30.4.2004, p.5, corrected by O.J. No. L 202, 7.6.2004, p.4 which substitutes new text for the whole of Commission Decision 2004/453/EC.

F5O.J. No. L 328, 24.11.2006, p.14.

F6O.J. No. L 337, 16.12.2008, p.41.

Interpretation of Part 4A and Schedules 1A and 1B

31A.(1) In this Part and in Schedules 1A and 1B—

“fish” does not include shellfish but otherwise means fish of any kind;

“fish farm” means any place used for the purposes of fish farming;

“fish farming” means the keeping of fish with a view to their sale or to their transfer to other waters; but only where the business involved in that activity is authorised as an aquaculture production business under regulation 6;

“shellfish” includes crustaceans and molluscs of any kind and any brood, ware, half-ware, spat or spawn of shellfish;

“shellfish farm” means any place used for the purposes of shellfish farming;

“shellfish farming” means the cultivation or propagation of shellfish with a view to their sale or transfer to other waters or land; but only where such activity is authorised as an aquaculture production business under regulation 6;

“year” means a period of 12 months ending on 30th November.

(2) Any reference to fish or shellfish, other than an express reference to a dead fish or dead shellfish, is a reference to a live fish or live shellfish.

Provision of information

31B.(1) Not later than 31st December each year, the operator of—

(a)an aquaculture production business authorised under regulation 6; or

(b)a processing establishment authorised under regulation 7,

must provide the Scottish Ministers with the information specified in paragraph (2) in respect of the previous year.

(2) The information specified for the purposes of paragraph (1) is—

(a)in the case of an aquaculture production business comprising a—

(i)fish farm, the information specified in Part 1 of Schedule 1A in respect of each site at which fish are farmed in the course of the business;

(ii)shellfish farm, the information specified in Part 2 of Schedule 1A in respect of each site at which shellfish are farmed in the course of the business; and

(b)in the case of a processing establishment, the information specified in Part 3 of Schedule 1A in respect of each site at which the business operates.

Records

31C.(1) The operator of a business mentioned in regulation 31B(1) must compile a record—

(a)in the case of an aquaculture production business comprising a—

(i)fish farm, of the particulars specified in Part 1 of Schedule 1B in respect of each site at which fish are farmed in the course of the business;

(ii)shellfish farm, of the particulars specified in Part 2 of Schedule 1B in respect of each site at which shellfish are farmed in the course of the business; and

(b)in the case of a processing establishment, of the particulars specified in Part 3 of Schedule 1B in respect of each site at which the business operates.

(2) The particulars referred to in paragraph (1) must be entered in the record within 24 hours of the movement or observation, as the case may be, the particulars relate to.

(3) The record compiled under paragraph (1) must be retained by the operator of the business the record relates to for not less than 4 years from the date of the last entry.

Escapes from fish farms

31D.(1) The operator of an aquaculture production business comprising a fish farm authorised under regulation 6 must immediately notify the Scottish Ministers of the circumstances on, or in the vicinity of, the fish farm which—

(a)are believed by that person to have caused an escape of fish; or

(b)gave rise to a significant risk of an escape of fish.

(2) A notification under this regulation is referred to in this Part and in Schedule 1C as an “initial notification” and must contain the information specified in the form in Schedule 1C.

Recovery of fish

31E.(1) No later than 28 days after the day a person gives an initial notification under regulation 31D(1)(a), that person must notify the Scottish Ministers of—

(a)the number of fish that are believed by that person to have escaped from the fish farm;

(b)the details of any steps taken by that person to recover the fish;

(c)the number of fish recovered following the escape; and

(d)the details of the follow up action taken by that person following the escape.

(2) A notification under this regulation is referred to in Schedule 1D as a “final notification” and must contain the information specified in the form in Schedule 1D.]

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