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The Aquatic Animal Health (Scotland) Regulations 2009

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Changes over time for: The Aquatic Animal Health (Scotland) Regulations 2009 (Schedules only)

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F20Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

F211972 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).

F22O.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.

F23O.J. No. L 328, 24.11.2006, p.14.

F24O.J. No. L 337, 16.12.2008, p.41.

Regulation 3(3)

SCHEDULE 1List of diseases

DiseaseSusceptible species
Infection with Gyrodactylus salarisAtlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), Arctic char (Salvelinus alpinus), North American brook trout (S. fontinalis), grayling (Thymallus thymallus), North American lake trout (Salvelinus namaycush), and brown trout (Salmo trutta). Other species of fish on sites where any of the above species are present shall also be considered as susceptible species
Bacterial kidney diseaseFish belonging to the family Salmonidae
Spring viraemia of carpBighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), grass carp (Ctenopharyngodon idellus), common carp and koi carp (Cyprinus carpio), silver carp (Hypophthalmichthys molitrix), sheatfish (Silurus glanis) and tench (Tinca tinca)
[F1Ostreid herpesvirus l μvar (OsHV-1 μvar)] [F2Pacific oyster (Crassostrea gigas)]

Regulation 31B(2)(a)(i)

[F3SCHEDULE 1AInformation to be provided annually

PART 1Fish Farm

1.  The number of, and the number of consignments of—

(a)in the case of salmon—

(i)ova;

(ii)fry, parr or smolts; and

(iii)post smolts; and

(b)in the case of each species of fish, other than salmon—

(i)ova;

(ii)fish weighing up to and equal to 5 grams; and

(iii)fish weighing more than 5 grams,

that were moved on to the site, and off the site for the purpose of stocking other waters.

2.  A statement whether fish, dead or alive, have been moved on to the site to be eviscerated or processed.

Regulation 31B(2)(a)(ii)

PART 2Shellfish Farm

1.  In the case of shellfish moved on to the site—

(a)the number of consignments of each species which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks; and

(b)the number or total weight of each species in each consignment which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks.

2.  In the case of shellfish moved off the site for the purpose of stocking other waters—

(a)the number of consignments of each species; and

(b)the number or total weight of each species.

Regulation 31B(2)(b)

PART 3Processing establishment

1.  In the case of fish—

(a)the number of, and the number of consignments of, each species of fish received at the processing establishment for processing; and

(b)in respect of each consignment, the authorised production business and the containment area* from which the fish came.

2.  In the case of shellfish—

(a)the number or total weight of, and the number of consignments of, each species of shellfish received at the processing establishment for processing; and

(b)in respect of each consignment, the authorised production business and the containment area* from which the shellfish came.

* “Containment area” has the meaning given in paragraph (c) of Annex I (definitions) to Council Directive 2006/88/EC.]

Regulation 31C(1)(a)(i)

[F3SCHEDULE 1BParticulars to be included in Records

PART 1Fish Farm

1.  In respect of each consignment, respectively, of fish, eggs or gametes moved on to the site—

(a)the date of the movement;

(b)the species;

(c)the number or weight;

(d)the size of fish;

(e)in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;

(f)in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5 grams or fish weighing more than 5 grams;

(g)the source;

(h)the suppliers; and

(i)the name of the carrier.

2.  In respect of each consignment of, respectively, fish, eggs or gametes moved off the site—

(a)the date of the movement;

(b)the species;

(c)the number or weight;

(d)the size of fish;

(e)in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;

(f)in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5 grams or fish weighing more than 5 grams;

(g)the destination; and

(h)the name of the carrier.

3.(1) Any increased mortality in respect of—

(a)the fish on the site; and

(b)any consignments of fish, eggs or gametes moved on to, or off, the site.

(2) In sub-paragraph (1), “increased mortality” has the meaning given in paragraph (j) of Annex I (definitions) to Council Directive 2006/88/EC.

Regulation 31C(1)(a)(ii)

PART 2Shellfish Farm

1.  In respect of each consignment of shellfish moved on to the site and each consignment of shellfish moved off the site for the purpose of stocking other waters—

(a)the date of the movement;

(b)the species;

(c)the number or weight;

(d)the average size or weight;

(e)the source; and

(f)the name of the carrier.

2.  Increased mortality (which has the meaning given in paragraph (j) of Annex I (definitions) to Council Directive 2006/88/EC).

Regulation 31C(1)(b)

PART 3Processing establishment

1.  In respect of each consignment of fish or shellfish received at the processing establishment—

(a)the date of receipt;

(b)the species;

(c)the number or weight;

(d)the supplier;

(e)the name of the carrier; and

(f)the destination of the fish or shellfish after processing.]

Regulation 31D(2)]

[F3SCHEDULE 1CFarmed Fish Escapes – Initial Notification

Regulation 31E(2)]

[F3SCHEDULE 1DFarmed Fish Escapes – Final Notification

Regulation 48

SCHEDULE 2Repeals, amendments and revocations

1.  The Diseases of Fish Act 1937 F4 is repealed.

2.  In Schedule 8 to the Water Act 1973 F5, omit paragraph 43.

3.  In section 41(1) of the Salmon and Freshwater Fisheries Act 1975 F6, for the definition of “fish farm”, substitute–

“fish farm”–

(a)means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and

(b)includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;.

4.  In section 1(1) of the Import of Live Fish (Scotland) Act 1978 F7, omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.

5.  In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 F8, omit the entry relating to the Diseases of Fish Act 1937.

6.  The Diseases of Fish Act 1983 F9 is repealed.

7.  In the Salmon Act 1986 F10

(a)in section 24(2)(b), omit “within the meaning of the Diseases of Fish Act 1937”; and

(b)omit paragraph 6 of Schedule 4.

8.  In the Water Act 1989 F11

(a)in section 141(4)(b), for “, the Salmon and Freshwater Fisheries Act 1975 and the Diseases of Fish Act 1937” substitute “ and the Salmon and Freshwater Fisheries Act 1975 ”;

(b)omit paragraphs 3 and 8 of Schedule 17; and

(c)in Part 1 of Schedule 27, omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.

9.  In the Environment Act 1995 F12

(a)in section 2(1)(a)(v), omit “the Diseases of Fish Act 1937,”;

(b)omit section 6(7)(b)(i); and

(c)in Schedule 15–

(i)in paragraph 2(4)(c)(ii) omit “or under the Diseases of Fish Act 1937,”; and

(ii)omit paragraphs 4 and 23.

10.  In the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 F13

(a)in section 8(1), omit “Without prejudice to section 3 of the Diseases of Fish Act 1937 (c. 33) (powers and duties of fishery boards),”; and

(b)in section 69, in the definition of “fish farm” for “section 10(1) of the Diseases of Fish Act 1937” substitute “ section 41(1) of the Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.

11.  In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 F14, for “the Diseases of Fish Act 1937 (c. 33)”, substitute “ Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.

12.  The Diseases of Fish (Control) Regulations 1994 F15 are revoked.

13.  The Fish Health Regulations 1997 F16 are revoked.

14.  The Diseases of Fish (Control) Amendment (Scotland) Regulations 2000 F17 are revoked.

15.  The Fish Health Amendment (Scotland) Regulations 2001 F18 are revoked.

16.  In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 F19 omit paragraph 21.

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