Business Authorisations
In Scotland, The Aquatic Animal Health (Scotland) Regulations 2009 (2009 Regulations) implement the 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. The 2009 Regulations require the authorisation of all Aquaculture Production Businesses (APBs) a definition which includes all fish and shellfish farming companies. The authorisation procedure is undertaken on behalf of the Scottish Ministers by Marine Scotland’s Fish Health Inspectorate (FHI).
Authorisations are conditioned to require that APBs: provide details of their business; make movement and mortality records available; participate in risk-based disease surveillance; implement good hygiene practice including biosecurity measures; notify Scottish Ministers in the event of a breach in containment; and facilitate access by inspectors for inspection and sampling as required. Authorisations may be suspended or revoked (subject to appeal) in the event of breach of these conditions. All APBs planning to operate new fish or shellfish sites are required to apply for their authorisation to be amended prior to operating any proposed new site.
The Aquaculture and Fisheries (Scotland) Act 2013 (and prior legislation, the Aquaculture and Fisheries (Scotland) Act 2007) provides powers relating to containment and parasite (sea lice) control. These require operators to adopt satisfactory measures to ensure the prevention, control and reduction of parasites (sea lice), containment and the prevention and recovery of escapes. It also requires operators to maintain records to be made available for inspection. The legislation also provides powers of inspection and entry for Fish Health Inspectors and ultimately provides provisions for enforcement action should such be required.