Aquaculture and Fisheries (Scotland) Act 2013

1. Introductory Text

2. PART 1 Aquaculture

   1. CHAPTER 1 Fish farm management

      1. 1. Fish farm management agreements and statements

      2. 2. Escapes, and obtaining samples, from fish farms

   2. CHAPTER 2 Fish farming: equipment and wellboats

      1. Equipment

         1. 3. Technical requirements for equipment used in fish farming

      2. Wellboats

         1. 4. Meaning of “wellboat”

         2. 5. Control and monitoring of operations of wellboats

         3. 6. Enforcement notices

         4. 7. Marine enforcement officers' functions

         5. 8. Power to detain wellboats in connection with court proceedings

         6. 9. Release of wellboat detained under section 8

         7. 10. Power of sheriff to order release of wellboats

   3. CHAPTER 3 Commercially damaging species

      1. Orders relating to commercially damaging species

         1. 11. Specification of commercially damaging species

         2. 12. Movement of species, etc.

         3. 13. Orders under section 12(1): samples and surveillance

         4. 14. Offences relating to persons appointed under section 13

         5. 15. Notification of presence of commercially damaging species

      2. Control

         1. 16. Control agreements

         2. 17. Control schemes

         3. 18. Emergency action notices

         4. 19. Appeals in connection with emergency action notices

      3. Powers

         1. 20. Power to enter fish farms, shellfish farms, etc.

      4. Offences

         1. 21. Offences in relation to control agreements, control schemes, etc.

      5. Interpretation of Chapter 3

         1. 22. Interpretation of Chapter 3

   4. CHAPTER 4 Planning permission

      1. 23. Planning permission for marine fish farms

3. PART 2 Salmon fisheries, etc.

   1. Governance

      1. 24. District salmon fishery boards: openness and accountability

      2. 25. Duty to consult and report before making certain applications

   2. Management

      1. 26. Carcass tagging

      2. 27. Powers to take fish or samples for analysis, etc.

      3. 28. Power of Scottish Ministers to conduct inquiries and obtain information

      4. 29. Monitoring and evaluation of the effects of orders, etc.

      5. 30. Power to vary procedures for orders, etc. relating to certain fisheries

      6. 31. Offence of fishing for salmon during annual close time

      7. 32. Consents for introduction of fish into inland waters

      8. 33. Offences exempted by permission or consent: power to attach conditions, etc.

   3. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003: Crown application

      1. 34. Application of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 to the Crown

4. PART 3 Sea fisheries

   1. Enforcement of sea fisheries legislation

      1. 35. Powers of British sea-fishery officers to enforce sea fisheries legislation

   2. Detention of vessels in connection with court proceedings

      1. 36. Power to detain vessels in connection with court proceedings

      2. 37. Release of vessel detained under section 36

      3. 38. Power of sheriff to order release of vessels

   3. Inspection and seizure of objects used in commercial sea fishing

      1. 39. Power to inspect and seize objects

      2. 40. Reports of inspections under section 39

      3. 41. Retention of objects seized under section 39(3)

      4. 42. Disposal of objects seized under section 39

   4. Retention and disposal of property seized by BSFOs

      1. 43. Retention of property seized by British sea-fishery officers

      2. 44. Power of Scottish Ministers to sell seized fish in their possession

      3. 45. Disposal of property retained by Scottish Ministers under section 43

   5. Forfeiture

      1. 46. Forfeiture of prohibited items

      2. 47. Forfeiture of fish failing to meet size requirements

      3. 48. Further provision about forfeiture under section 46 or 47

   6. Inshore sea fishing

      1. 49. Contravention of orders prohibiting inshore sea fishing

      2. 50. Powers of entry

   7. Enforcement of EU rules

      1. 51. Modification of the Fisheries Act 1981: enforcement of EU rules

   8. Supplementary

      1. 52. Conclusion of proceedings

      2. 53. Interpretation of Part 3

5. PART 4 Shellfish

   1. Protection of shellfish waters

      1. 54. Protection and improvement of shellfish waters

   2. Orders as to fisheries for shellfish

      1. 55. Power to make orders as to fisheries for shellfish

      2. 56. Contravention of regulated fishery orders

      3. 57. Enforcement of orders: powers of entry

      4. 58. Power to appoint inspectors before making orders as to fisheries for shellfish

6. PART 5 Miscellaneous

   1. Charging

      1. 59. Power to charge in connection with fisheries functions

   2. Fixed penalty notices

      1. 60. Fixed penalty notices

      2. 61. Fixed penalty notices and civil sanctions under the Marine (Scotland) Act 2010

7. PART 6 General

   1. 62. Subordinate legislation

   2. 63. Interpretation

   3. 64. Ancillary provision

   4. 65. Crown application

   5. 66. Commencement

   6. 67. Short title

8. 1. SCHEDULE 1

      Commercially damaging species: control schemes

      1. Making a control scheme: procedure

         1. 1. Where the Scottish Ministers propose to make a control scheme,...

         2. 2. If no objection is duly made under paragraph 1, or...

         3. 3. If any objection duly made under paragraph 1 is not...

         4. 4. A control scheme may not be made with any modifications...

      2. Variation or revocation of a control scheme: procedure

         1. 5. (1) The Scottish Ministers may— (a) make a scheme varying...

         2. 6. Before making any variation or revocation such as is mentioned...

         3. 7. If no objection is duly made under paragraph 6, or...

         4. 8. If any objection duly made under paragraph 6 is not...

         5. 9. A variation of a control scheme may not be made...

      3. Objections

         1. 10. Notwithstanding anything in paragraph 3 or 8, the Scottish Ministers...

      4. Making, varying or revoking a control scheme: notices

         1. 11. On making a control scheme, or on varying or revoking...

      5. Validity of control schemes

         1. 12. Subject to paragraph 13, the validity of a control scheme...

      6. Appeals

         1. 13. (1) Any person who carries on a business of fish...

   2. SCHEDULE 2

      Forfeiture under section 46 or 47

      1. Application of schedule

         1. 1. This schedule applies where— (a) property seized by a British...

      2. Notice of intended forfeiture

         1. 2. (1) The Scottish Ministers must serve notice of the intended...

      3. Notice of claim

         1. 3. (1) A person claiming that the property is not liable...

      4. Automatic forfeiture in a case where no claim is made

         1. 4. The property is taken to be forfeited if—

      5. Decision whether to apply for order forfeiting property

         1. 5. (1) Where a notice of claim in respect of the...

      6. Return of property if no application made to the sheriff

         1. 6. (1) If, in a case in which a notice of...

      7. Forfeiture applications

         1. 7. (1) This paragraph applies if, in a case in which...

      8. Appeal against sheriff's decision on forfeiture application

         1. 8. (1) Either party may appeal against the decision of the...

      9. Effect of forfeiture

         1. 9. Where property is taken to be forfeited under this schedule...

      10. Disposal of property which is not returned

          1. 10. (1) This paragraph applies where any property is required to...

      11. Provisions as to proof

          1. 11. (1) In proceedings on a forfeiture application under this schedule...

      12. Power to destroy fish before forfeiture

          1. 12. (1) The Scottish Ministers may destroy any fish which they...

      13. Power to return shellfish to the sea before forfeiture

          1. 13. (1) This paragraph applies to any shellfish—