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Legislation

The majority of the Fish Health Inspectorate's work is carried out under two main pieces of legislation concerning Aquaculture and Aquatic Animal Health.

  • The Aquatic Animal Health (Scotland) Regulations 2009 which implement Council Directive 2006/88/EC (as amended) on animal health requirements for Aquatic animals and products thereof and the prevention and control of certain diseases in aquatic animals in Scotland.
  • The Aquaculture and Fisheries (Scotland) Act 2007 and associated secondary legislation, The Fish Farming Businesses (Record Keeping) (Scotland) Order 2008.

Aquatic Animal Health (Scotland) Regulations 2009 - Implementing Council Directive 2006/88/EC

The Aquatic Animal Health (Scotland) Regulations 2009 have instigated several changes to how the aquaculture industry is regulated. The main points are as follows:

  • Aquaculture Production Businesses (APBs) must be authorised by the Fish Health Inspectorate (FHI) and must meet certain conditions to ensure they remain authorised
  • registration of low risk installations e.g. installations not placing on the market, or put-and-take fisheries not moving stock off site
  • fish health surveillance will be conducted using a risk-based approach. APBs will be categorised as either high, medium or low risk with respect to the introduction and spread of disease
  • changes made to the list of notifiable diseases - now listed as exotic and non-exotic
  • an internet-based register of aquaculture production businesses and processing plants will be maintained (processing plants will be authorised for the processing of fish or shellfish from an area affected by an exotic or non-exotic disease)

More Information

Aquaculture and Fisheries (Scotland) Act 2007

The Aquaculture and Fisheries (Scotland) Act 2007 allows the FHI to assess the risk of an escape of fish from a site and determine that satisfactory measures are in place to contain fish, prevent escapes and recover escaped fish. It also allows inspectors to make an assessment on the level of sea lice on-site and determine that satisfactory measures are in place for the prevention, control and reduction of sea lice.

The associated legislation The Fish Farming Businesses (Record Keeping) (Scotland) Order 2008 lists and details the records that are required to be kept in order to fulfil the requirments of the Aquaculture and Fisheries (Scotland) Act 2007.

The Aquaculture and Fisheries (Scotland) Act 2013 amends the 2007 Act such that any persons carrying out the business of fish farming, within a farm management area, is either party to a farm management agreement or prepares and maintains a farm management statement. Any person carrying out the business of fish farming within a farm management area must ensure that the fish farm is managed and operated in accordance with that agreement or statement. The importance of this was recognised in the recommendations of the Healthier Fish and Shellfish Working Group (HFaSWG) of the Ministerial Group on Aquaculture.

The Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015

The Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015 (“the 2015 Regulations”) provide a safeguard against the potential for adverse environmental effects associated with the introduction and movement of alien and locally absent species in aquaculture, and consist largely of mitigation measures to provide these safeguards. Aquaculture operators intending to undertake the introduction of alien species or the translocation of a locally absent species must apply for permission as required by the Regulations.

If you have any specific queries regarding legislation please contact the FHI to discuss further as legislation is frequently updated by new Commission Decisions and Directives.