ASFB/RAFTS Briefing – November 2007 The Aquaculture & Fisheries
(Scotland) Act 2007
Below is a brief summary of the key provisions of the Aquaculture and
Fisheries (Scotland) Act 2007 which came into force earlier this year.
The key areas of coverage are increased regulation of aquaculture, new
powers to contain and eradicate gyrodactylus salaris and new provisions
relating to salmon and freshwater fisheries. There are some elements
which relate to sea fisheries but these are beyond the scope of this
briefing. A full version of the Act can be viewed online at: http://www.opsi.gov.uk/legislation/scotland/acts2007/20070012.htm
If you have any queries on the Act, please let me know.
Brian Davidson, Director ASFB
November 2007 1. Salmon & Freshwater FisheriesSection 19 - Prohibition on the use ofgaffs, tailers and
landing nets with mesh constructed with knotted or metallic
material Section 20 - Fishing by rod Anglers not fishing from a boat may only usesingle rod and
line when fishing forsalmonidsAnglers not fishing from a boat
and fishing forother freshwater fish (excluding salmonids) may
useup to 4 rodsAnglers fishing from a boat may only useup
to 4 rods when fishing forsalmonids or other freshwater fish.Foul
hooking of any fish is prohibited The use oflive vertebrates
as bait is prohibited The use ofset lines are prohibited
(unattended fishing line with lures or bait)Section 21 – Prohibition on the use ofpike gags and
keepnets with mesh constructed with knotted or metallic material Section 22 – Ministers powers to 1) make orders specifyingweekly
close time for freshwater fish, and 2) order specifyingannual
close time for freshwater fish other than trout. These are
enabling powers and would require specific consultation with
interested parties before new proposals or changes could be made. Section 24 – Conservation of freshwater fish –
Ministers powers to make regulations for conservation of freshwater
fish. This includes powers to apply different measures to different
species, prohibit certain baits or lures and the times and places
where these provisions might apply. Again, these are enabling powers
and would require specific consultation with interested parties
before new proposals or changes could be made Section 35 – Fish movements – Ministers powers to
regulate the movement of all fish (excluding salmon or sea trout –
where there are DSFBs, these will remain the authorising body) A
regime to implement this is currently being drafted. Fish farms will
be exempt, but it will bring all other fish movements within its
scope. Section 37 – Payments – power for Ministers to make
payments for a range of purposes, including development, promotion,
organisation, research. The matters are - fish farming, shellfish
farming, other aspects of aquaculture, sea fisheries, the sea fish
industry, salmon fisheries and freshwater fisheries.
2. Gyrodactylus Salaris Section 13 – Designated areas – power for Ministers to
prohibit movements within designated areas suspected of infection;
Power to require disinfection in such areas; regulate entry or exit
in such areas; prohibit or regulate the taking of dead fish into or
out of the area. Section 14 – Preliminary designation to prohibit or
regulate the movement in or out of an area of live fish; live eggs
of fish; foodstuff for fish. Section 15 – Ministers powers tocreate barriersto
prevent fish movement and spread of Gs in a waterbody and to
facilitate treatments to assist eradication of Gs. This power also
gives Ministers authority to arrange for the use of chemical agents
for the purpose of eradication. Section 16 – clearance of fish farms – Ministers powers
to instruct the clearance of fish farm stock, disinfection of the
units and destruction of fish farm stock. These apply to farms which
are or may become infected by Gs. Section 17 – power for Ministers to take such other measures
as they consider appropriate for the purpose of eradicating or
preventing or limiting the spread of Gs Section 18 – power for Ministers to makecompensation
payments for fish destroyed.
3. AquacultureSection 1 – Ministers power to seek information and data from
fish farms for the purposes of theprevention, reduction and
control of parasites and to require farmers to maintain records.
Power to make an order for the purpose of obtaining information in
relation to thecontainment of fish on fish farms, the prevention
of escape of fish from fish farms and the recovery of escaped fish. Section 2– creates an offence for failure to provide
information in relation to the above orders, provide false
information or alter records. Sections 3 & 5 – 3 createspowers of inspection
to assess levels of parasites, measures for prevention, taking
samples, inspection of records and carrying out tests. 5 allows
inspectors to ascertain the risks offish escapes, whether
fish have escaped, containment measures, recovery measures, and
power to take samples and inspect records. Sections 6, 7 & 8– 6provides for enforcement
notices to be implemented by Ministers to ensure the prevention,
control and reduction of parasites, the containment of fish, the
prevention of escape of fish and the recovery of escaped fish. 7
provides for acode of practice – Ministers may approve and
formalise any industry code of practice to ensure compliance to
cover the 4 areas above. 8 provides power for Ministers to ensure
compliance with the code of practice, through monitoring and
enforcement. Sections 9 & 10 – powers of entry for Inspectors in
pursuance of the above powers - To download this briefing in pdf. format please clickHERE
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