Your legal obligation
Where an APB operator is involved in the transportation of aquaculture animals, the APB operator must keep and make available certain records with regard to transportation, in accordance with Article 20 of the 2009 Regulations and ensure the disease prevention requirements during transportation, in accordance with Article 19 of the 2009 Regulations, are being met. These requirements have been outlined below.
Article 12 of the Regulations 2009 also requires the registration of all Specialist Transport Businesses (STBs). The registration procedure will be undertaken on behalf of the Scottish Ministers by the Fish Health Inspectorate (FHI) based at the Marine Scotland, Marine Laboratory in Aberdeen.
An STB is defined as a business or undertaking which wholly or mainly transports live aquaculture animals by means of transport specifically designed or adapted for that purpose and includes road transporters, helicopter transporters and boats (well boats). Farmers carrying out movements between sites would not therefore be considered as 'specialist transporters' unless this was wholly or mainly the activity of the business.
If a well boat is under contract to your company and your company wholly or mainly transports live aquaculture animals, you will be required to register as an STB. In all other cases the owners or operators of the well boat must themselves register as a specialist transporter with the Scottish Ministers if their business wholly or mainly transports live aquaculture animals and the well boat is to be used in Scottish waters. This includes well boat operators who are based in other EU Member/European Free Trade Association (EFTA) states.
For further information please contact the Duty Inspector at the FHI.