The Aquatic Animal Health Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement in respect of Northern Ireland Council Directive 2006/88/EC (OJ No. L 328, 24.11.2006, p.14) on animal health requirements for aquaculture animals and products thereof and on the prevention and control of certain diseases in aquatic animals. They also implement Commission Regulation (EC) No 1251/2008 (OJ No. L 337, 16.12.2008, p.41) as regards conditions and certification requirements for the placing on the market and import into the Community of aquaculture animals and products thereof and laying down a list of vector species.

These Regulations also repeal the Diseases of Fish Act (Northern Ireland) 1967 and revoke the Fish Health Regulations (Northern Ireland) 1998 (as amended) and the Diseases of Fish (Control) Regulations (Northern Ireland) 1996 (as amended).

Part 1 of these Regulations contains introductory provisions. Regulation 3 sets out the scope of the Regulations.

Part 2 of these Regulations requires aquaculture production businesses and certain processing establishments to be authorised by the Department (regulation 6). However, put and take fisheries and non-commercial installations are only required to be registered with the Department (regulation 13). Although these Regulations generally come into operation on 27th March 2009, regulation 6(1) which makes it an offence to operate an aquaculture production business or a processing establishment without the required authorisation and regulation 13(1), which makes it an offence to operate a put and take fishery or non-commercial installation without the required registration, will come into operation on 1st August 2009.

Part 3 imposes health requirements in relation to the placing on the market of aquaculture animals and products and certain other aquatic animals. One of the principal mechanisms for ensuring that health standards are met is the requirement for aquaculture animals to be accompanied by an animal health certificate when they are introduced into Northern Ireland or any zone or compartment within Northern Ireland (regulation 20). This Part also imposes disease prevention requirements in respect of the transport of such animals (regulations 22 and 23), and imposes requirements in relation to quarantine as provided for under Commission Decision 2008/949/EC (regulation 25).

Part 4 establishes a system for the notification and control of disease outbreaks in aquatic animals. The Department is required to designate an area where a listed or emerging disease is suspected (regulation 27) and to make a confirmed designation (regulation 31) where such a disease is confirmed. Inspectors are given powers to require others to take steps necessary to eradicate or prevent the spread of disease to other aquatic animals (regulations 29 and 33).

Part 5 gives enforcement powers to inspectors and allows the service of an enforcement notice (regulation 39) and a prohibition notice (regulation 40). Appeals may be made against such notices or in relation to an authorisation granted under Part 2 (regulation 44).

Part 6 makes provision for offences and penalties. A person found guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to an unlimited fine (regulation 49).

Part 7 establishes the Department’s role in declaring disease free zones or compartments in Northern Ireland and maintaining a register of these areas (regulations 51 and 52). This Part also specifies a 4 year time period for retention of records (regulation 54) and includes a transitional provision in respect of applications for authorisation from persons who currently hold a Fish Culture Licence under section 11 of the Fisheries Act (Northern Ireland) 1966 (regulation 58).