9.—(1) This regulation applies to a proposal to—
(a)move an Annex IV species;
(b)translocate a locally absent species within Scotland or to Scotland from another part of [F1Great Britain].
(2) A person proposing to undertake a movement or translocation must notify the competent authority in writing of the proposal.
(3) An application for an authorisation to operate an aquaculture production business under the Aquatic Animal Health (Scotland) Regulations 2009(1) in respect of an Annex IV species or a locally absent species or an application for the amendment of such an authorisation in so far as it relates to a proposal mentioned in paragraph (1)(a) or (b) is a notification for the purposes of paragraph (2).
(4) Any person who notifies the competent authority in accordance with paragraph (2), or who is deemed to have done so in accordance with paragraph (3), in respect of the proposed movement of Annex IV species, must not undertake the proposed movement except under, and in accordance with any conditions of, a notice served under regulation 11 or a notice which has been amended under regulation 12.
(5) Paragraph (2) does not apply in respect of any subsequent movement of the same Annex IV species or translocation of the same locally absent species which are undertaken by the same person to the same aquaculture facility if—
(a)the movement has previously been permitted by a notice served under regulation 11(2)(b) or (3)(b); or
(b)the competent authority has previously served a notice under regulation 15(3), that a permit is not required in respect of a translocation.
Textual Amendments
F1Words in reg. 9(1)(b) substituted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 4(2)
Commencement Information
S.S.I. 2009/85 as amended by S.S.I. 2011/259, S.S.I. 2011/427 and S.S.I. 2012/177.