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      SCOTTISH STATUTORY INSTRUMENTS

      2002 No. 193

      RIVER

      SALMON AND FRESHWATER FISHERIES

      The Registration of Fish Farming and Shellfish Farming Businesses Amendment (Scotland) Order 2002

        Made 17th April 2002 
        Laid before the Scottish Parliament 19th April 2002 
        Coming into force 10th May 2002 

      The Scottish Ministers, in exercise of the powers conferred by section 7(1), (2) and (3) of the Diseases of Fish Act 1983[1] and of all other powers enabling them in that behalf, hereby make the following Order:

      Citation, commencement and extent
           1.  - (1) This Order may be cited as the Registration of Fish Farming and Shellfish Farming Businesses Amendment (Scotland) Order 2002 and shall come into force on 10th May 2002.

          (2) This Order extends to Scotland only.

      Amendment of the Registration of Fish Farming and Shellfish Farming Business Order 1985
                 2.  - (1) The Registration of Fish Farming and Shellfish Farming Businesses Order 1985[2] is amended as follows.

          (2) For article 2(1) (interpretation) there is substituted-

            " (1) In this Order - 

          "fish farm" means any place or structure used for the keeping of fish; and

          "fish" does not include shellfish.".

          (3) After article 4 there is inserted-

        " Escapes from fish farms
             4A.  - (1) A person who carries on a business of fish farming that is required by article 3 to be registered shall notify the Scottish Ministers forthwith of-

          (a) the circumstances on, or in the vicinity of, the fish farm which caused, or are believed by that person to have caused, an escape of fish;

          (b) any circumstances on, or in the vicinity of, the fish farm which gave rise to a significant risk of an escape of fish.

            (2) The notification required by paragraph (1) of this article shall be referred to in this Order as an initial notification and shall be in or as near as may be to the form, and shall contain the information, specified in Schedule 4 to this Order.

        Recovery of Fish
                     4B.  - (1) Any person who has submitted an initial notification following the escape of any fish from a fish farm in terms of article 4A(1)(a) shall, not later than 28 days from the date of the initial notification, notify the Scottish Ministers of - 

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

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

          (c) the number of any fish recovered in the 14 days following the escape.

            (2) The notification required by paragraph (1) of this article shall be referred to in this Order as a final notification and shall be in or as near as may be to the form, and shall contain the information, specified in Schedule 5 to this Order.".

          (4) After paragraph 2 of Schedule 3 (particulars to be included in records) there is inserted - 

             " 3. A copy of all information notified to the Scottish Ministers in accordance with articles 4A and 4B of this Order.".

          (5) After Schedule 3 there are inserted the Schedules set out in Schedules 1 and 2 to this Order.


      ALLAN WILSON
      Authorised to sign by the Scottish Ministers

      St Andrew's House, Edinburgh
      17th April 2002



      SCHEDULE 1
      Article 2(5)


      Escapes of Fish






      SCHEDULE 4
      Article 4A(2)


      FARMED FISH ESCAPES - INITIAL NOTIFICATION






      SCHEDULE 2
      Article 2(5)


      Escapes of Fish






      SCHEDULE 5
      Article 4B(2)


      FARMED FISH ESCAPES - FINAL NOTIFICATION




      EXPLANATORY NOTE

      (This Note is not part of the Order)

      This Order amends the Registration of Fish Farming and Shellfish Businesses Order 1985 ("the principal Order").

      It provides for the notification of circumstances giving rise to any escapes of fish, or of circumstances that gave rise to a significant risk of an escape of fish from fish farms registered in terms of article 3 of the principal Order (article 2(3)).

      It requires persons who carry on such businesses to notify the Scottish Ministers of such escapes in a prescribed form (article 2 and Schedule 1 to the Order). It also requires that details of the numbers of fish that have escaped, attempts to recover the fish and the numbers of fish recovered must also be notified within 28 days of the initial notification of the escape (article 2(3) and schedule 2).

      Copies of this information must be retained as part of the records kept in terms of the principal Order (article 2(4)).

      Section 7(7) of the Diseases of Fish Act 1983 empowers authorised persons to inspect records retained by virtue of the principal Order and section 8 of that Act creates offences in relation to the principal Order. The maximum penalty for such offences is level 4 on the standard scale which currently stands at £2,500.

       [1] 1983 c.30. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

      [2] S.I. 1985/1391; amended by S.I. 1994/1447 and 1997/1881.back


      ISBN 0 11 061386 4


 



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Prepared 30 April 2002
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