Aquaculture and Fisheries (Scotland) Act 2013

18 Emergency action notices

(1) This section applies where the Scottish Ministers are satisfied—

(a) that a commercially damaging species is present on a fish farm or shellfish farm, and

(b) that unless urgent action is taken, the commercially damaging species will spread quickly to other areas and have an immediate and significant adverse impact on—

(i) other fish or shellfish or the ability of persons to commercially exploit them, or

(ii) the economic or commercial interests of a person who carries on a business of fish farming or shellfish farming.

(2) No notice under subsection (3) of section 16 need be served on a person mentioned in paragraph (a) of that subsection, and no consultation to secure an agreement with such a person need be carried out under paragraph (b) of that subsection.

(3) But the Scottish Ministers must serve on such a person notice (an “emergency action notice”) of their intention to take urgent action in respect of the commercially damaging species.

(4) An emergency action notice must state—

(a) the type of commercially damaging species that is present on the fish farm or shellfish farm,

(b) the nature of the threat that it poses and the impact mentioned in subsection (1)(b) that it will have,

(c) the measures that the Scottish Ministers propose to take for the purpose of—

(i) removing the species from,

(ii) reducing the incidence of the species on,

(iii) preventing the spread of the species beyond, or

(iv) otherwise controlling the species on,

the fish farm or shellfish farm, and

(d) the places where, the times at which and the methods by which the Scottish Ministers intend to carry out such measures.

(5) No earlier than 14 days after the day on which an emergency action notice has been served, the Scottish Ministers may take—

(a) such measures as are specified in the notice,

(b) such steps towards taking such measures as the Scottish Ministers think fit.