The Aquatic Animal Health (Scotland) Regulations 2009

[^key-4ac47c50500f84449206f5fa070e956e]: Reg. 3B inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(3)

[^key-695d2c753dc1a875e63cb778c9773e9c]: Words in sch. 1 table heading omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(7)(a)

[^key-d6599f8e112c470ba88793dce5abfa10]: Words in sch. 1 table omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(7)(b)

[^key-cacb69144c639a94d754964af4855da3]: Reg. 18(4)(a)(b) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(4)(a)

[^key-7f94939892274115c541a7cc15c4537c]: Reg. 18(5)(b)(c) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(4)(b)

[^key-66e9f910ea334c2a5b8c67082763e241]: Words in reg. 21B(3) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(5)

[^key-3773b35fb78ffc05fe83a88431b6f83f]: Reg. 21C(3) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(6)

[^key-74957b9ced4c8362bf5f439c05d7f1d8]: Words in sch. 1E substituted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(4)(a)

[^key-b73712e52add5e737722847a0a945ad2]: Sch. 1E para. 1A inserted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(4)(b)

[^key-aa90f47cf80d3b95aa5a7a94189acc73]: Words in reg. 3(1) inserted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(2)

[^key-90a3274fcba63e7c20a218bb74b755ee]: Reg. 3(4) inserted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(3)

PART 4A — PROVISION OF INFORMATION, RECORD KEEPING AND NOTIFICATIONS

Interpretation of Part 4A and Schedules 1A and 1B

31A

• (1) In this Part and in Schedules1A and 1B—

• “fish” does not include shellfish but otherwise means fish of any kind;

• “fish farm” means any place used for the purposes of fish farming;

• “fish farming” means the keeping of fish with a view to their sale or to their transfer to other waters; but only where the business involved in that activity is authorised as an aquaculture production business under regulation 6;

• “shellfish” includes crustaceans and molluscs of any kind and any brood, ware, half-ware, spat or spawn of shellfish;

• “shellfish farm” means any place used for the purposes of shellfish farming;

• “shellfish farming” means the cultivation or propagation of shellfish with a view to their sale or transfer to other waters or land; but only where such activity is authorised as an aquaculture production business under regulation 6;

• “year” means a period of 12 months ending on 30th November.

• (2) Any reference to fish or shellfish, other than an express reference to a dead fish or dead shellfish, is a reference to a live fish or live shellfish.

Provision of information

31B

• (1) Not later than 31stDecember each year, the operator of—

• (a) an aquaculture production business authorised under regulation6; or

• (b) a processing establishment authorised under regulation7,

must provide the Scottish Ministers with the information specified in paragraph(2) in respect of the previous year.

• (2) The information specified for the purposes of paragraph(1) is—

• (a) in the case of an aquaculture production business comprising a—

• (i) fish farm, the information specified in Part1 of Schedule1A in respect of each site at which fish are farmed in the course of the business;

• (ii) shellfish farm, the information specified in Part2 of Schedule1A in respect of each site at which shellfish are farmed in the course of the business; and

• (b) in the case of a processing establishment, the information specified in Part 3 of Schedule 1A in respect of each site at which the business operates.

Records

31C

• (1) The operator of a business mentioned in regulation31B(1) must compile a record—

• (a) in the case of an aquaculture production business comprising a—

• (i) fish farm, of the particulars specified in Part1 of Schedule1B in respect of each site at which fish are farmed in the course of the business;

• (ii) shellfish farm, of the particulars specified in Part2 of Schedule1B in respect of each site at which shellfish are farmed in the course of the business; and

• (b) in the case of a processing establishment, of the particulars specified in Part 3 of Schedule 1B in respect of each site at which the business operates.

• (2) The particulars referred to in paragraph(1) must be entered in the record within 24hours of the movement or observation, as the case may be, the particulars relate to.

• (3) The record compiled under paragraph(1) must be retained by the operator of the business the record relates to for not less than 4years from the date of the last entry.

Escapes from fish farms

31D

• (1) The operator of an aquaculture production business comprising a fish farm authorised under regulation6 must immediately notify the Scottish Ministers of the circumstances on, or in the vicinity of, the fish farm which—

• (a) are believed by that person to have caused an escape of fish; or

• (b) gave rise to a significant risk of an escape of fish.

• (2) A notification under this regulation is referred to in this Part and in Schedule1C as an “initial notification” and must contain the information specified in the form in Schedule1C.

Recovery of fish

31E

• (1) No later than 28 days after the day a person gives an initial notification under regulation31D(1)(a), that person must notify the Scottish Ministers of—

• (a) the number of fish that are believed by that person to have escaped from the fish farm;

• (b) the details of any steps taken by that person to recover the fish;

• (c) the number of fish recovered following the escape; and

• (d) the details of the follow up action taken by that person following the escape.

• (2) A notification under this regulation is referred to in Schedule1D as a “final notification” and must contain the information specified in the form in Schedule1D.

SCHEDULE 1A — Information to be provided annually

PART 1 — Fish Farm

1

The number of, and the number of consignments of—

• (a) in the case of salmon—

• (i) ova;

• (ii) fry, parr or smolts; and

• (iii) post smolts; and

• (b) in the case of each species of fish, other than salmon—

• (i) ova;

• (ii) fish weighing up to and equal to 5grams; and

• (iii) fish weighing more than 5grams,

that were moved on to the site, and off the site for the purpose of stocking other waters.

2

A statement whether fish, dead or alive, have been moved on to the site to be eviscerated or processed.

PART 2 — Shellfish Farm

1

In the case of shellfish moved on to the site—

• (a) the number of consignments of each species which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks; and

• (b) the number or total weight of each species in each consignment which, respectively, have been obtained from hatcheries or nurseries, from shellfish farms, and from wild stocks.

2

In the case of shellfish moved off the site for the purpose of stocking other waters—

• (a) the number of consignments of each species; and

• (b) the number or total weight of each species.

PART 3 — Processing establishment

1

In the case of fish—

• (a) the number of, and the number of consignments of, each species of fish received at the processing establishment for processing; and

• (b) in respect of each consignment, the authorised production business and the containment area* from which the fish came.

2

In the case of shellfish—

• (a) the number or total weight of, and the number of consignments of, each species of shellfish received at the processing establishment for processing; and

• (b) in respect of each consignment, the authorised production business and the containment area* from which the shellfish came.

*“Containment area” has the meaning given in paragraph(c) of AnnexI (definitions) to Council Directive 2006/88/EC.

SCHEDULE 1B — Particulars to be included in Records

PART 1 — Fish Farm

1

In respect of each consignment, respectively, of fish, eggs or gametes moved on to the site—

• (a) the date of the movement;

• (b) the species;

• (c) the number or weight;

• (d) the size of fish;

• (e) in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;

• (f) in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5grams or fish weighing more than 5grams;

• (g) the source;

• (h) the suppliers; and

• (i) the name of the carrier.

2

In respect of each consignment of, respectively, fish, eggs or gametes moved off the site—

• (a) the date of the movement;

• (b) the species;

• (c) the number or weight;

• (d) the size of fish;

• (e) in the case of salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fry, parr, smolts or post smolts;

• (f) in the case of fish other than salmon, one or more statements (as the case may be) as to whether the consignment consisted of ova, fish weighing up to and including 5grams or fish weighing more than 5grams;

• (g) the destination; and

• (h) the name of the carrier.

3

• (1) Any increased mortality in respect of—

• (a) the fish on the site; and

• (b) any consignments of fish, eggs or gametes moved on to, or off, the site.

• (2) In sub-paragraph(1), “increased mortality” has the meaning given in paragraph(j) of AnnexI (definitions) to Council Directive 2006/88/EC.

PART 2 — Shellfish Farm

1

In respect of each consignment of shellfish moved on to the site and each consignment of shellfish moved off the site for the purpose of stocking other waters—

• (a) the date of the movement;

• (b) the species;

• (c) the number or weight;

• (d) the average size or weight;

• (e) the source; and

• (f) the name of the carrier.

2

Increased mortality (which has the meaning given in paragraph (j) of Annex I (definitions) to Council Directive 2006/88/EC).

PART 3 — Processing establishment

1

In respect of each consignment of fish or shellfish received at the processing establishment—

• (a) the date of receipt;

• (b) the species;

• (c) the number or weight;

• (d) the supplier;

• (e) the name of the carrier; and

• (f) the destination of the fish or shellfish after processing.

SCHEDULE 1C — Farmed Fish Escapes – Initial Notification

SCHEDULE 1D — Farmed Fish Escapes – Final Notification

The competent authority

3A

The Scottish Ministers are the competent authority for the purposes of—

• (a) these Regulations;

• (b) Regulation (EC) No. 1251/2008;

• (c) Commission Decision 2008/896/EC on guidelines for the purpose of the risk-based animal health surveillance schemes provided for in Council Directive 2006/88/EC;

• (d) Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods.

PART 3A — QUARANTINE

Interpretation of Part 3A

21A

• (1) In this Part—

• “Commission Decision 2008/946/EC” means Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals;

• “constituent GB territory” means England, Wales or Scotland as the case may be;

• “the EU Directive” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals as it has effect in European Union law, as amended from time to time.

• (2) References in this Part to a part of Scotland, or to a constituent GB territory or a zone or compartment thereof, being “declared free” of one or more diseases means declared free in accordance with Section 2 of Commission Decision 2009/177/EC.

Vector species

21B

• (1) An aquaculture animal intended for farming or restocking may only be introduced into a part of Scotland which has been declared free of a disease for which that animal is a vector if it—

• (a) originates from—

• (i) a constituent GB territory, or a zone or compartment thereof, declared free of that disease;

• (ii) Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or Article 50 of the EU Directive; or

• (iii) the Channel Islands, the Isle of Man or a third country, where the competent authority has consented to its introduction; or

• (b) has been, or will be, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.

• (2) For the purposes of paragraph (1)(a)(iii), consent may only be given if the competent authority is satisfied that the aquaculture animal concerned is free of the relevant disease.

• (3) In this regulation, an aquaculture animal is a vector for a disease if it is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation (EC) No 1251/2008 and fulfils the conditions set out in that document.

Wild aquatic animals

21C

• (1) Wild aquatic animals of species susceptible to one or more of the diseases listed in Annex 1A to Regulation (EC) No. 1251/2008 which are intended for release into a farm or mollusc farming area in a part of Scotland which has been declared free of any of those diseases must—

• (a) originate from—

• (i) a constituent GB territory, or a zone or compartment thereof, declared free of that disease;

• (ii) Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or Article 50 of the EU Directive; or

• (iii) the Channel Islands, the Isle of Man or a third country, where the competent authority has consented to its introduction; or

• (b) be, or have been, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.

• (2) For the purposes of paragraph (1)(a)(iii), consent may only be given if the competent authority is satisfied that the aquaculture animal concerned is free of the relevant disease.

• (3) In this regulation an animal is susceptible to a disease listed in Annex 1A to Regulation 1251/2008 if it is of a species listed as susceptible to that disease in a document published under Article 3a(1) of Regulation (EC) No 1251/2008.

SCHEDULE1E — Modifications to Directive 2006/88/EC

Modifications to Article 29

1

Article 29 is to be read as if—

• (a) in the opening words of paragraph 1—

• (i) the reference to “Member States” were a reference to “The competent authority”;

• (ii) the reference to “Article 28(b)(iii)” were a reference to regulation 24(2)(c) of these Regulations;

• (iii) the reference to “Article 28(a)” were a reference to regulation 24(2)(a) and (b) of these Regulations;

• (b) in paragraph 1(a)—

• (i) the reference to “Part II of Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

• (ii) the reference to “any Member State” were a reference to “Scotland”;

• (c) in paragraph 1(b)—

• (i) the reference to “Part II of Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

• (ii) the reference to “Member States, zones or compartments” were a reference to “Scotland or any zone or compartment within Scotland”; and

• (iii) the reference to “Part A of Annex III” were a reference to that Part read in accordance with paragraph 4;

• (d) in paragraph 2(b), the reference to “Article 26(1)” were a reference to regulation 23 of these Regulations;

• (e) in paragraph 3—

• (i) the reference to “the Member State” were a reference to “the competent authority”;

• (ii) the references to “Article 28” were references to regulation 24 of these Regulations;

• (f) paragraph 4 were omitted.

Modifications to Part 1 of Annex 2

2

Part 1 of Annex 2 is to be read as if—

• (a) in paragraph 1—

• (i) in the words before point (a), the reference to “Article 6” were a reference to regulation 13(1)(a) of these Regulations;

• (ii) in point (f), the reference to “Part II of Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

• (iii) in point (g)—

• (aa) the reference to “a Member State, zone or compartment” were a reference to “Scotland, or any zone or compartment within Scotland”;

• (bb) the reference to “Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

• (b) in paragraph 2, the reference to “the second subparagraph of Article 4(1)” were a reference to regulation 5(2) of these Regulations.

Modifications to Part 2 of Annex 2

3

Part 2 of Annex 2 is to be read as if, in the words before point (a), the reference to “Article 6” were a reference to regulation 13(1)(b) of these Regulations.

Modifications to Part A of Annex 3

4

Part A of Annex 3 is to be read as if—

• (a) in the heading, the words from “to” to “Article 12” were omitted;

• (b) in the second column of the table—

• (i) in the entry corresponding to Category 1, the words in brackets referred to “Article 2a or 2b of Commission Decision 2009/177/EC”;

• (ii) in the entry corresponding to Category 2, the words in brackets referred to “Article 2A(1) of Decision 2015/1554”;

• (iii) in the entry corresponding to Category 4, the words in brackets referred to “Article 2a(3) of Decision 2015/1554”;

• (iv) in the entry corresponding to Category 5, the words in brackets referred to regulation 28 of these Regulations.

List of susceptible species and geographic areas declared disease free

3B

The Scottish Ministers may from time to time specify in a document a list of species susceptible to the diseases listed in Schedule 1 together with the geographic areas declared free from those diseases.

Modification to Article 33

1A

Article 33 is to be read as if in paragraph 1 the reference to “the competent authority” were a reference to “the Scottish Ministers”.

Modifications to Part 1 of Annex 2

Modifications to Part 2 of Annex 2

Modifications to Part A of Annex 3