Import of Live Fish (Scotland) Act 1978

1 Power to limit the import etc. of fish and fish eggs.

(1) Without prejudice to section 1(1) of the [1937 c. 33.] Diseases of Fish Act 1937 and subject to subsection (2) below, the Secretary of State may by order forbid either absolutely or except under a licence granted under this section, the import into, or the keeping or the release, in Scotland of live fish, or the live eggs of fish, of a species which is not native to Scotland and which in the opinion of the Secretary of State might compete with, displace, prey on or harm the habitat of any freshwater fish, shellfish or salmon in Scotland.

(2) Before determining whether or not to make an order under this section, the Secretary of State shall consult the Nature Conservancy Council and any other person with whom the Secretary of State considers that consultation is appropriate.

(3) The Secretary of State may grant a licence to any person to import or keep live fish, or the live eggs of fish, of a species specified in an order under this section.

(4) A licence under this section may be granted—

(a) subject to the payment of such fees as may be prescribed in regulations made by the Secretary of State by statutory instrument after consultation with the Treasury; and

(b) subject to such other conditions as the Secretary of State thinks fit,

and the Secretary of State may revoke or vary any such licence.

(5) The power conferred by this section to make orders—

(a) shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) shall include power to revoke or vary a previous order made under this section.

(6) In this Act—

• " eggs " includes milt;

• " fish " includes shellfish ;

• " freshwater fish " means any fish living in fresh water including eels and the fry of eels, but excluding salmon ;

• " salmon " includes all migratory fish of the species Salmo salar and Salmo trutta commonly known as salmon and sea trout respectively;

• " shellfish " has the same meaning as in section 22(1) of the [1967 c. 84.] Sea Fish (Conservation) Act 1967.