Steering Group Papers 3-3

Information on Section 30 - SFFF SG 3-3

Yes we do have mandatory registration of fish farms in Scotland, through the Registration of Fish Farming and Shellfish Farming Business Order 1985. The Order was made under Section 7 of the Diseases of Fish Act 1983 and it applies throughout GB. I attach a copy from which you will see that movements onto and from farms are already recorded. Other FLR concerns, i.e. movement restrictions where notifiable disease is present and regular health checks (for certain diseases only), are addressed through separate GB and EU legislation. Also, the current draft Fish Health Directive proposes licensing of farms, as opposed to mere registration, and health certificates with movements.

As I understand it, Section 30 arrangements exist to protect local stocks from unwelcome genetic disruption, predation and competition for food. However the EA's proposals also cover disease issues for which there exists separate legislation. I have no real difficulty with any of their proposals but to avoid duplication of fish health legislation the EA will need to liaise closely with Defra.

(Scottish Executive Environment and Rural Affairs Department)

While there is separate fish disease legislation, E&W use S30 to control the introduction/ spread of disease to wild stocks. In other words when E&W consider a S30 application for consent we assess risks in terms not only of competition, genetics etc, but also fish health.

The Salmon & Freshwater Fisheries Review in 2000 identified major shortcomings with our existing S30 legislation, which came as no surprise. The key difficulty with the existing controls lies in the enforcement. Because authorisation is only needed to "introduce" fish (and hence the offence relates to the same) it is generally necessary to catch offenders in the act of stocking - which can be very difficult.

Attached is an extract from our advice to Defra on new fisheries legislation - this section covers fish movements. It sets out the Agency's preferred approach to new regulatory controls; essentially it seeks to place more control over those carrying out the activity (fish suppliers/ dealers) rather than simply on the act of stocking. You may need to refer back to the original 2000 review, or government's response to it in order to understand it in full. I would be very pleased to talk it through in more detail if you like, as I really don't think you want to fall into the same traps that we've had with existing S30!

There may also be an opportunity (and significant benefits) for you to link into the Live Fish Movements Database which is currently shared between Defra, WAG, CEFAS and the EA.

All S30 applications are received at Brampton, where we also carry out health checks and where our input to LFMD is managed. Our Fish Movements Enforcement Team is also based there, so if you do want to know more, it would be a good venue to meet.

(Environment Agency)

13.0 REGULATION OF FISH MOVEMENTS

13.1 The FLR recommendations relating to fish movements are extensive. Our proposals set out below are based on the implementation of all of the recommendations in full. In summary the recommended changes cover:

· Inclusion of movements onto and between fish farms within Section 30 (with certain exemptions)

· Conditions on S30 Consents

· Environmental impact assessment of fish farms

· Screening of all fish farms

· Powers to remove and destroy non-native fish

· Extension of licensing for non-native fish

· Licensing and registration of all fish farms

· Recording system for all live fish movements

· All fish movements to be accompanied by documents

· Registration of fish dealers

· Stocking consents public register

· Include an offence of moving fish in suspicious circumstances

· Power of refusal/disqualification

· Government powers for further restrictions

13.2 The current Section 30 is inadequate. New legislation should include more detailed and extensive provisions for the regulation of fish movements to include:

13.3 Fish Farms

· Registration of all fish farms setting out species/categories of fish that may be held (this may vary across an individual fish farm). Since our main concerns are escape of both fish and disease, exemption for the table is not reasonable, although exemptions for completely enclosed recirculation systems might be, particularly for warmwater fish.

· Regular mandatory health checks (every 6 Months)

· All live movements onto farm to be health checked at source (within previous 6 months)

· All live movements on/off farm to be recorded

· All live movements on/off farm to be made by licensed "dealer" (fish farm could also be a licensed dealer)

· Movement restrictions to be imposed for certain diseases and parasites (including crayfish plague)

· Prosecution for breaching any of the above conditions

13.4 Fish dealers

· Must be licensed before moving live fish (possible exemptions for fish destined for human consumption and tropicals). Possible exemption for pet trade under a general licence, although this might present a loophole regarding koi, orfe, tench etc.

· All live fish movements to be previously authorised

· All live fish movements to be accompanied by correct paperwork

· Prosecution for unlicensed fish moving

· Penalty system for breaches of licensing and S30 consent conditions (see below) including disqualification/refusal of licence.

13.5 Live fish movements (subject to any exemptions agreed above)

· Only licensed dealers authorised to make live fish movements (exemptions for pet trade and restuarants etc under general licence) i.e relating only to fish movements into the wild or between fish farms.

· All live fish movements to be subject to record keeping and reporting.

· Temporary licences for rod and line movements by angling clubs/owners should be provided for.

· Movements between farms to be covered by a general authorisation to dealers subject to health checks and record keeping/reporting.

Implementation

13.6 These regulations aim to bring fish movements under greater control through the regulation of fish farmers and fish dealers. While they may appear onerous, the placing of greater emphasis on regulating the movement of fish and those carrying it out, rather than simply the stocking of fish, will have many benefits. Fish farmers are already required to record fish movements on and off site for DEFRA; it may only need minor modification to ensure that these records also meet Environment Agency needs.

13.7 The regulation of fish farmers and dealers will provide the opportunity to reduce the administrative burden on them and the Agency for the large number of routine fish introductions into stillwaters, through some general authorisations as follows:

Stillwaters

· General annual authorisations for low risk waters (e.g stillwater put & take trout fisheries), subject to health status of farm source, keeping of records and annual returns.

· General annual authorisation for non-mandatory (enclosed) stillwaters falling into "intensive" and "improved" categories, subject to keeping of records and annual returns and other conditions as appropriate, including management objectives (to be reviewed annually)

· Natural stillwaters to be subject to existing procedures and health checks.

· Mandatory stillwaters (not totally enclosed) subject to existing procedures and health checks, except put and take trout fisheries (see above)

Rivers

· All coarse fish introductions to be subject to existing procedures and health checks.

· General annual authorisations for supported and artificially maintained trout fisheries, subject to health status of farm source, keeping of records and annual returns and management objectives (subject to annual review).

Additional points

13.8 The offence of introducing fish without consent should continue in addition to the above provisions. However, Section 30 should be modified to:

· Include the power to withdraw or revoke consents (this will allow the Agency to revoke a consent where irregularities are discovered prior to or during the introduction)

· Include appeal provisions (without this any new provision may be contrary to the Human Rights Act)

· Clarify that conditions may be attached to a consent and that breach of conditions attached is an offence

· Clarify that the offence of introducing without consent includes both the actual physical introduction and the supply of the fish, to avoid disputes over liability.

· make it clear that allowing fish to escape is also an offence

· include an offence of "falsifying" a consent

The period allowable for Section 30 offences should be extended from 6 months to 12 months.



Page updated: Wednesday, July 13, 2011