The Aquatic Animal Health (Scotland) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 2006/88/EC (O.J. No. L 238, 24.11.2006, p.14) on animal health requirements for aquaculture animals and products thereof and on the prevention and control of certain diseases in aquatic animals.

Part 2 of these Regulations requires aquaculture production businesses, certain processing establishments and the import of ornamental aquatic animals to be authorised by the competent authority (regulation 5). Some undertakings, including put and take fisheries and specialist transport businesses, are required to be registered (regulation 12). Although these Regulations generally come into force on 27th March 2009, regulation 5(1), which makes it an offence to operate an aquaculture production business or certain types of processing establishment without authorisation, comes into force on 1st May 2009. Regulation 12(1), which makes it an offence to operate certain undertakings unless registered, comes into force on 1st August 2009.

Part 3 imposes health requirements in relation to the placing on the market of aquaculture and other aquatic animals. One of the principal mechanisms for ensuring that health standards are met is the requirement for any necessary animal health certificates to be properly completed and to accompany the introduction of aquaculture animals into Scotland (regulation 17(1)). This Part also introduces disease prevention requirements in respect of the transport of such animals (regulations 19 to 21).

Part 4 establishes a system for the notification and control of disease outbreaks in aquatic animals. The competent authority is required to designate an area where a listed or emerging disease is suspected (regulation 24) and to make a confirmed designation (regulation 28) where such a disease is confirmed. Inspectors are given powers to require others to take steps necessary to eradicate or prevent the spread of disease to other aquatic animals (regulations 26 and 30).

Part 5 makes provision as regards measures which may be taken in relation to Gyrodactylus salaris (Gs). The measures which may be taken include the creation of barriers to movements of fish and the treatment of waters with chemical agents (regulation 32), the clearance of fish farms (regulation 33) and such other measures as the competent authority considers appropriate (regulation 34).

Part 6 gives enforcement powers to inspectors, and allows the service of an enforcement notice (regulation 39). Appeals may be made against such a notice or in relation to an authorisation under Part 2. A person found guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to an unlimited fine (regulation 43).

Part 7 makes provision prohibiting vaccination without the prior permission of the competent authority (regulation 44), and as to the keeping of a public register of disease-free zones and compartments (regulation 45).

Regulatory Impact Assessment relating to these Regulations has been placed in the Scottish Parliament Information Centre, and a copy is available from Scottish Government Marine Directorate, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.