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- Point in Time (02/12/2011)
- Original (As made)
Version Superseded: 31/12/2020
Point in time view as at 02/12/2011.
There are currently no known outstanding effects for the The Aquatic Animal Health (Scotland) Regulations 2009.
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Regulation 3(3)
Disease | Susceptible species |
---|---|
Infection with Gyrodactylus salaris | Atlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), Arctic char (Salvelinus alpinus), North American brook trout (S. fontinalis), grayling (Thymallus thymallus), North American lake trout (Salvelinus namaycush), and brown trout (Salmo trutta). Other species of fish on sites where any of the above species are present shall also be considered as susceptible species |
Bacterial kidney disease | Fish belonging to the family Salmonidae |
Spring viraemia of carp | Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), grass carp (Ctenopharyngodon idellus), common carp and koi carp (Cyprinus carpio), silver carp (Hypophthalmichthys molitrix), sheatfish (Silurus glanis) and tench (Tinca tinca) |
[F1Ostreid herpesvirus l μvar (OsHV-1 μvar)] | [F2Pacific oyster (Crassostrea gigas)] |
Textual Amendments
F1Words in sch. 1 inserted (27.5.2011) by The Aquatic Animal Health (Scotland) Amendment Regulations 2011 (S.S.I. 2011/259), regs. 1, 2(4)(a)
F2Words in sch. 1 inserted (27.5.2011) by The Aquatic Animal Health (Scotland) Amendment Regulations 2011 (S.S.I. 2011/259), regs. 1, 2(4)(b)
Regulation 31B(2)(a)(i)
Textual Amendments
F3Schs. 1A-1D inserted (2.12.2011) by The Aquatic Animal Health (Miscellaneous Modifications) (Scotland) Regulations 2011 (S.S.I. 2011/427), regs. 1(1), 2(7)
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 5 grams; and
(iii)fish weighing more than 5 grams,
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.
Regulation 31B(2)(a)(ii)
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.
Regulation 31B(2)(b)
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 Annex I (definitions) to Council Directive 2006/88/EC.]
Regulation 31C(1)(a)(i)
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 5 grams or fish weighing more than 5 grams;
(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 5 grams or fish weighing more than 5 grams;
(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 Annex I (definitions) to Council Directive 2006/88/EC.
Regulation 31C(1)(a)(ii)
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).
Regulation 31C(1)(b)
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.]
Regulation 31D(2)]
Regulation 31E(2)]
Regulation 48
1. The Diseases of Fish Act 1937 M1 is repealed.
Marginal Citations
2. In Schedule 8 to the Water Act 1973 M2, omit paragraph 43.
Marginal Citations
3. In section 41(1) of the Salmon and Freshwater Fisheries Act 1975 M3, for the definition of “fish farm”, substitute–
““fish farm”–
(a)means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and
(b)includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;”.
Marginal Citations
M31975 c. 51; section 41(1) was amended by the Environment Act 1995 (c. 25), Schedule 15, paragraph 20(a).
4. In section 1(1) of the Import of Live Fish (Scotland) Act 1978 M4, omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.
Marginal Citations
5. In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 M5, omit the entry relating to the Diseases of Fish Act 1937.
6. The Diseases of Fish Act 1983 M6 is repealed.
Marginal Citations
7. In the Salmon Act 1986 M7–
(a)in section 24(2)(b), omit “within the meaning of the Diseases of Fish Act 1937”; and
(b)omit paragraph 6 of Schedule 4.
Marginal Citations
8. In the Water Act 1989 M8–
(a)in section 141(4)(b), for “, the Salmon and Freshwater Fisheries Act 1975 and the Diseases of Fish Act 1937” substitute “ and the Salmon and Freshwater Fisheries Act 1975 ”;
(b)omit paragraphs 3 and 8 of Schedule 17; and
(c)in Part 1 of Schedule 27, omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.
Marginal Citations
9. In the Environment Act 1995 M9–
(a)in section 2(1)(a)(v), omit “the Diseases of Fish Act 1937,”;
(b)omit section 6(7)(b)(i); and
(c)in Schedule 15–
(i)in paragraph 2(4)(c)(ii) omit “or under the Diseases of Fish Act 1937,”; and
(ii)omit paragraphs 4 and 23.
Marginal Citations
10. In the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 M10–
(a)in section 8(1), omit “Without prejudice to section 3 of the Diseases of Fish Act 1937 (c. 33) (powers and duties of fishery boards),”; and
(b)in section 69, in the definition of “fish farm” for “section 10(1) of the Diseases of Fish Act 1937” substitute “ section 41(1) of the Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.
Marginal Citations
11. In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 M11, for “the Diseases of Fish Act 1937 (c. 33)”, substitute “ Salmon and Freshwater Fisheries Act 1975 (c. 51) ”.
Marginal Citations
12. The Diseases of Fish (Control) Regulations 1994 M12 are revoked.
Marginal Citations
13. The Fish Health Regulations 1997 M13 are revoked.
Marginal Citations
14. The Diseases of Fish (Control) Amendment (Scotland) Regulations 2000 M14 are revoked.
Marginal Citations
15. The Fish Health Amendment (Scotland) Regulations 2001 M15 are revoked.
Marginal Citations
16. In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M16 omit paragraph 21.
Marginal Citations
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