Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

AQUACULTURE AND FISHERIES (SCOTLAND) ACT 2013

Acts of the Scottish Parliament

Version 16/09/2013

2013 asp 7

Default Geographical Extent: S


  • PART 1. Aquaculture
    • CHAPTER 1. Fish farm management
    • CHAPTER 2. Fish farming: equipment and wellboats
      • Equipment
      • Wellboats
    • CHAPTER 3. Commercially damaging species
      • Orders relating to commercially damaging species
      • Control
      • Powers
      • Offences
      • Interpretation of Chapter 3
    • CHAPTER 4. Planning permission
  • PART 2. Salmon fisheries, etc.
    • Governance
    • Management
    • Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003: Crown application
  • PART 3. Sea fisheries
    • Enforcement of sea fisheries legislation
    • Detention of vessels in connection with court proceedings
    • Inspection and seizure of objects used in commercial sea fishing
    • Retention and disposal of property seized by BSFOs
    • Forfeiture
    • Inshore sea fishing
    • Enforcement of EU rules
    • Supplementary
  • PART 4. Shellfish
    • Protection of shellfish waters
    • Orders as to fisheries for shellfish
  • PART 5. Miscellaneous
    • Charging
    • Fixed penalty notices
  • PART 6. General
  • Version 16/09/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 19/06/2013

Introductory Text

Aquaculture and Fisheries (Scotland) Act 2013

2013 asp 7

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 15th May 2013 and received Royal Assent on 18th June 2013

An Act of the Scottish Parliament to make provision about fish farming and shellfish farming; about salmon fisheries and freshwater fisheries; about sea fisheries; about shellfish waters and fisheries for shellfish; about charging in connection with functions relating to fish farming, shellfish farming, salmon fisheries, freshwater fisheries and sea fisheries; about fixed penalty notices for offences under certain aquaculture, fisheries and other marine legislation; and for connected purposes.

PART 1
Aquaculture



CHAPTER 1
Fish farm management



1 Fish farm management agreements and statements

(1) The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2) After section 4 insert—

“Fish farm management agreements and statements (S)
4A Fish farm management agreements and statements
(1) A person who carries on a business of fish farming at a fish farm located within a farm management area must—
(a) be party to a farm management agreement, or prepare and maintain a farm management statement, in relation to the fish farm, and
(b) ensure that the fish farm is managed and operated in accordance with the agreement or (as the case may be) statement.
(2) For the purposes of this section, a “farm management agreement” is an agreement—
(a) between two or more persons who carry on a business of fish farming at fish farms located in a farm management area, and
(b) which contains provision about the matters specified in subsection (4).
(3) For the purposes of this section, a “farm management statement” is a statement—
(a) prepared and maintained by a person who—
(i) carries on a business of fish farming at a fish farm located in a farm management area, and
(ii) is not, in relation to that fish farm, party to a farm management agreement, and
(b) which contains provision about the matters specified in subsection (4).
(4) The matters referred to in subsections (2) (b) and (3) (b) are—
(a) a description of the farm management area and the fish farm or farms to which the agreement or statement applies,
(b) arrangements for—
(i) fish health management,
(ii) management of parasites,
(iii) the movement of live fish on and off the farms,
(iv) the harvesting of fish,
(v) fallowing of the farms after harvesting,
(c) review of the agreement or statement at least every 2 years,
(d) in the case of a farm management agreement, arrangements for persons to become, or cease to be, parties to the agreement.
(5) In this section— the “ Code of Practice ” means the document called the Code of Good Practice for Scottish Finfish Aquaculture as issued and revised from time to time by the body known as the Code of Good Practice Management Group, “ farm management area ” means an area specified as such in the Code of Practice.
(6) The Scottish Ministers may by order modify the definition of the Code of Practice in subsection (5) so as to—
(a) substitute a reference to another document for the one for the time being referred to in that definition,
(b) substitute a reference to another body for the one for the time being referred to in that definition.
(7) An order under subsection (6) may—
(a) include incidental, supplemental, consequential, transitional, transitory or saving provision,
(b) modify any enactment, instrument or document.
4B Inspections: farm management agreements and statements
(1) An inspector may carry out an inspection of any fish farm to which section 4A(1) applies for the purpose of ascertaining whether that section is being complied with.
(2) In particular, an inspection under subsection (1) may include—
(a) taking samples (including samples of fish or material from fish) ,
(b) examining, and taking copies of, documents or records.
(3) An inspector may arrange for the carrying out of such tests as the inspector considers necessary, using samples taken during an inspection under subsection (1) , for the purpose mentioned in subsection (1).”.
(3) In section 6 (enforcement notices) , for subsection (1) substitute—

“(1) Where the Scottish Ministers are satisfied that a person who carries on a business of fish farming—
(a) does not have satisfactory measures in place for any of the purposes mentioned in subsection (2) , or
(b) in relation to a fish farm to which section 4A(1) applies, has failed or is failing to comply with that section,
the Scottish Ministers may serve a notice (“an enforcement notice”) on the person.”.
(4) In section 43(3) (orders subject to affirmative procedure) , in paragraph (a) , after “section” insert “ 4A(6) or ”.

Annotations:

Commencement Information

I1 S. 1 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


2 Escapes, and obtaining samples, from fish farms

(1) The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2) In section 5 (inspections: containment and escape of fish) —

(a) in subsection (2) , after paragraph (b) insert—
“(ba) ascertaining the origin of fish known or believed to have escaped from the fish farm or any other fish farm,”,
(b) in subsection (3) , in paragraph (a) , after “equipment” insert “ , fish or material from fish ”.
(3) After section 5 insert—

“Sampling (S)
5A Obtaining samples from fish farms
(1) An inspector may take samples of fish, or material from fish, on a fish farm for any of the purposes mentioned in subsection (3).
(2) An inspector may require a person who carries on a business of fish farming to provide the inspector with samples of fish, or material from fish, on the fish farm for a purpose mentioned in subsection (3).
(3) The purposes are—
(a) assisting any investigations into escapes of fish from fish farms that may require to be carried out,
(b) analysing the samples mentioned in subsections (1) and (2) for scientific or other research,
(c) assessing the impact of—
(i) the operations of fish farms on the environment,
(ii) escapes of fish from fish farms on stocks of fish other than those on fish farms, and
(d) developing methods of tracing the origins of fish that escape from fish farms.
(4) This section is without prejudice to sections 4B and 5.”.
Annotations:

Commencement Information

I2 S. 2 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


CHAPTER 2
Fish farming: equipment and wellboats



Equipment


3 Technical requirements for equipment used in fish farming

(1) The Scottish Ministers may, for a purpose mentioned in subsection (2) , by regulations—

(a) prescribe technical requirements for equipment to be used for or in connection with fish farming,
(b) impose requirements on fish farm operators in relation to the training of their employees or agents in connection with the installation, maintenance or operation of equipment for which requirements are prescribed under paragraph (a) , and
(c) make provision for ensuring compliance with the requirements prescribed or imposed by the regulations.
(2) The purposes are—

(a) the containment of fish,
(b) the prevention of escape of fish,
(c) the prevention, control or reduction of parasites, pathogens or diseases.
(3) Regulations under subsection (1) may, in particular—

(a) prescribe requirements as to the design, construction (including the materials used in construction) , manufacture, installation, maintenance or size of equipment,
(b) provide for the appointment or authorisation of persons (“inspectors”) to inspect equipment and records for the purpose of ensuring compliance with the regulations,
(c) for that purpose, confer on inspectors—
(i) powers of entry, search and seizure,
(ii) powers to obtain information or evidence,
(d) impose requirements on fish farm operators, or their employees or agents, as to—
(i) the provision of information to inspectors,
(ii) allowing access by inspectors, and
(iii) cooperation with inspectors,
(e) confer powers on inspectors to impose such requirements,
(f) impose requirements on fish farm operators, or their employees or agents, as to—
(i) the keeping of records in relation to equipment and the making of those records available for inspection,
(ii) the keeping of records in relation to training provided or undertaken in pursuance of any requirement imposed under subsection (1) (b) and the making of those records available for inspection,
(iii) the notification or reporting of failures in equipment,
(g) create criminal offences in relation to failures to comply with the regulations and make other provision for dealing with such offences, including—
(i) the provision of defences,
(ii) evidential matters,
(h) provide for other sanctions for dealing with such failures,
(i) provide for procedures (including appeals) for enforcing compliance with the regulations,
(j) make different provision for different types of fish farming and different species of fish.
(4) Regulations under subsection (1) may prescribe or impose requirements—

(a) by reference to a document published by or on behalf of the Scottish Ministers or such other person, or person of such description, as is specified in the regulations, or
(b) by reference to the approval or satisfaction of such person, or person of such description, as is specified in the regulations.
(5) Where regulations under subsection (1) create a criminal offence, they must provide for the offence to be—

(a) triable summarily, and
(b) punishable by a fine not exceeding level 4 on the standard scale.
(6) Regulations under subsection (1) may provide for continuing offences and for any such offences to be punishable by a daily or other periodic fine of such amount as is specified in the regulations.

(7) Sanctions provided for under subsection (3) (h) may include suspension or revocation of any authorisations required by fish farm operators to operate as such.

(8) In this section, “fish farm operators” means persons carrying on a business of fish farming.

Annotations:

Commencement Information

I3 S. 3 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


Wellboats


4 Meaning of “wellboat”

(1) In this Chapter, “wellboat” means a vessel that contains a tank or well for holding water (including sea water) —

(a) into which live farmed fish may be taken, and
(b) in which the fish may be subsequently kept,
for a purpose mentioned in subsection (2).
(2) The purposes are—

(a) the transportation of farmed fish,
(b) the storage of farmed fish,
(c) the slaughter of farmed fish,
(d) the treatment of farmed fish in connection with health, parasites, pathogens or diseases,
(e) the grading of farmed fish.
(3) For the purposes of this section, it is irrelevant whether or not the farmed fish remain alive in the course of any activity mentioned in subsection (2).

(4) In this section— “farmed fish” means fish produced by fish farming, and “grading”, in relation to farmed fish, means separating and sorting the fish according to size.

5 Control and monitoring of operations of wellboats

(1) The Scottish Ministers may by regulations make provision for or about controlling and monitoring the operations of any wellboat in Scotland.

(2) Regulations under subsection (1) may, in particular, include provision for or about—

(a) the measures to be taken to prevent, reduce, remove or otherwise control the risk of the spread of parasites, pathogens or diseases as a result of wellboat operations,
(b) the installation of such equipment, or types of equipment, as may be specified—
(i) to prevent, reduce, remove or otherwise control such a risk,
(ii) to enable compliance with the regulations to be monitored,
(c) the reporting to the Scottish Ministers of such matters as may be specified.
(3) Regulations under subsection (1) may impose requirements on, and only on—

(a) the master of a wellboat,
(b) an owner of a wellboat,
(c) a charterer of a wellboat.
(4) Regulations under subsection (1) may make different provision for—

(a) different descriptions of wellboat,
(b) different operations,
(c) different species of fish,
(d) different periods of time.
(5) A person commits an offence if the person—

(a) acts in contravention of regulations under subsection (1) ,
(b) fails to take any action required of that person by such regulations, or
(c) otherwise fails to comply with any requirement imposed on that person by such regulations.
(6) No proceedings may be taken or continued against a person for an offence under subsection (5) in respect of a matter in relation to which an enforcement notice under section 6 has been served.

(7) It is a defence for a person charged with an offence under subsection (5) (b) or (c) to show that the person had a reasonable excuse for failing to take any action or (as the case may be) to comply with any requirement mentioned in that subsection.

(8) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9) In this section, “specified” means specified in regulations made under subsection (1).

Annotations:

Commencement Information

I4 S. 5 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


6 Enforcement notices

(1) This section applies where the Scottish Ministers are satisfied that a person has failed or is failing to comply with any requirement imposed on that person by regulations under section 5(1).

(2) The Scottish Ministers may serve a notice (an “enforcement notice”) on the person.

(3) The enforcement notice must specify—

(a) the grounds for the service of the notice,
(b) the action that the person on whom it is served is required to take in order to ensure compliance with the regulations, and
(c) the date by which that action is to be taken, which must be no earlier than 14 days after the day on which the notice is served.
(4) The Scottish Ministers may publicise the serving of an enforcement notice; and they may do so to such extent, in such manner and in such form as they think fit.

(5) A person on whom an enforcement notice has been served may appeal by way of summary application to a sheriff against the notice.

(6) An appeal under subsection (5) must be made before the expiry of the period of 7 days beginning with the day on which the notice is served.

(7) Where an appeal is made under subsection (5) , the enforcement notice has no effect until the appeal is withdrawn or finally determined.

(8) In an appeal under subsection (5) —

(a) the sheriff may make such order as the sheriff thinks appropriate, and
(b) the sheriff's decision is final.
(9) If the appeal is not upheld, the date by which the action specified in the notice is to be taken is such date as the sheriff may specify in the order disposing of the appeal.

(10) A person on whom an enforcement notice has been served commits an offence if the person fails to comply with the requirements of the notice.

(11) It is a defence for a person charged with an offence under subsection (10) to show that the person had a reasonable excuse for failing to comply with such requirements.

(12) A person who commits an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Annotations:

Commencement Information

I5 S. 6 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


7 Marine enforcement officers' functions

(1) For the purpose of enforcing regulations under section 5(1) , a marine enforcement officer has—

(a) the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010,
(b) the power conferred by section 150 of that Act (power to require information relating to certain substances and objects) ,
(c) the power conferred by subsection (2) , and
(d) the powers conferred by section 8.
(2) Where the requirements of an enforcement notice under section 6 have not been complied with, a marine enforcement officer may take such action as the officer considers necessary to fulfil the requirements.

(3) Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if—

(a) any reference to a power conferred by Part 7 of that Act included a reference to—
(i) such a power as applied by subsection (1) ,
(ii) the power conferred by subsection (2) , and
(iii) the powers conferred by section 8, and
(b) any reference to a marine enforcement officer's functions under that Act included a reference to—
(i) such functions as applied by subsection (1) ,
(ii) a marine enforcement officer's function under subsection (2) , and
(iii) a marine enforcement officer's functions under section 8.
(4) The powers which a marine enforcement officer has for the purposes of enforcing regulations under section 5(1) may be exercised in the Scottish marine area and in any other part of Scotland.

(5) A marine enforcement officer may take action as mentioned in subsection (2) whether or not proceedings have been taken for an offence under section 6(10).

(6) The Scottish Ministers may recover any expenses reasonably incurred by a marine enforcement officer in taking action as mentioned in subsection (2) from the person on whom the enforcement notice was served.

(7) In this section, “Scottish marine area” has the same meaning as in section 1 of the Marine (Scotland) Act 2010.

Annotations:

Commencement Information

I6 S. 7 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


8 Power to detain wellboats in connection with court proceedings

(1) This section applies where—

(a) a marine enforcement officer has reasonable grounds for suspecting that an offence under section 5(5) has been committed by the master, an owner or a charterer of a wellboat (referred to as “A”) , and
(b) the officer reasonably believes that—
(i) if proceedings are taken against A for the offence, there is a real risk that A will not attend court unless the wellboat is detained under this section, or
(ii) if A is convicted of the offence and the court by or before which A is convicted imposes a fine on A, it is likely that the court will order the vessel to be detained.
(2) Where this section applies, a marine enforcement officer may—

(a) take, or arrange for another person to take, the wellboat and its crew to the port that appears to the officer to be the nearest convenient port, or
(b) require any person who is for the time being in charge of the wellboat to take it and its crew to that port.
(3) When the wellboat has been taken to port, the officer may—

(a) detain it there, or
(b) require the person for the time being in charge of it to do so.
(4) A marine enforcement officer who detains a wellboat under this section must, if it is reasonably practicable to do so, serve a notice on the person who is for the time being in charge of the wellboat.

(5) The notice must state—

(a) the reasons for detaining the wellboat, and
(b) the circumstances in which the wellboat may be released.
Annotations:

Commencement Information

I7 S. 8 in force at 16.9.2013 by S.S.I. 2013/249, art. 2


9 Release of wellboat detained under section 8

(1) This section applies where a wellboat is being detained under section 8.

(2) The wellboat ceases to be detained under that section if one of the following things occurs—

(a) the notice of detention is withdrawn,
(b) a sheriff orders the release of the wellboat under section 10,
(c) any proceedings taken against the master, owner or charterer of the wellboat have concluded,
(d) the court referred to in section 8(1) (b) (ii) exercises any power it has to order the wellboat to be detained.
(3) A notice of detention is withdrawn by the service by a marine enforcement officer of a further notice on the person who is for the time being in charge of the wellboat, stating that the wellboat is released.

(4) If any of the grounds of release mentioned in subsection (5) applies, then any notice of detention must be withdrawn as soon as possible.

(5) The grounds of release are—

(a) that a procurator fiscal has decided not to take any proceedings against the master, owner or charterer of the wellboat in respect of any offence in relation to which the wellboat was detained,
(b) where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid,
(c) that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court,
(d) that there are no grounds for believing that the court referred to in section 8(1) (b) (ii) will order the wellboat to be detained.
(6) In this section— “appropriate fixed penalty” has the meaning given in section 27(2) of the Aquaculture and Fisheries (Scotland) Act 2007 (amount and payment of fixed penalty) , “fixed penalty notice” means a fixed penalty notice under section 25(1) of that Act (issue of fixed penalty notices) , “notice of detention” means a notice served under section 8(4).

Annotations:

Commencement Information

I8 S. 9 in force at 16.9.2013 by S.S.I. 2013/249, art. 2