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Aquaculture and Fisheries Bill : Consultation Paper and Draft Regulatory Impact Assessment

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ANNEX B: Summary List of Questions

PART I - AQUACULTURE
CHAPTER 1 REGULATOR

Question 1: Do you agree that FRS/ SEERAD would make the most suitable Regulator?
Question 2: Should there be an enabling power to permit the option of charging in the future?

CHAPTER 2 PARASITE CONTROL
Question 3: Should the Bill make provision for parasites in general, or restrict itself only to sea lice?
Question 4: Should the Regulator have both advisory and enforcement functions?
Question 5: What powers should the Regulator have as regards the inspection of data and investigation of potential parasite problems on farms?
Question 6: Should the Regulator have the power to direct treatment?
Question 7: Should the Regulator have the power to arrange treatment through a third party contractor where a direction to treat has not been complied with?
Question 8: Should the Regulator have the powers to direct treatment for notifiable diseases?

CHAPTER 3 CONTAINMENT
Question 9: Should escapes proposals apply to all the farm types outlined above?
Question 10: Should shellfish farms and restocking hatcheries be exempted?
Question 11: Do you agree that the Regulator should have powers to inspect and direct with respect to preventing escapes?
Question 12: Do you agree that the Regulator should have a role in improving containment to prevent fish escapes?
Question 13: Should the Executive introduce a strict liability offence for escapes from fish farms?
Question 14: What elements should be addressed in containment plans?
Question 15: Do you have any views on the above proposals?
Question 16: Do you agree that the Regulator should have powers to investigate escapes and suspected escapes from fish farms whatever the source of the information?

CHAPTER 4 DATA COLLECTION
Question 17: What data, in addition to the production survey data, do you believe are appropriate to submit?

CHAPTER 5 FISH FARM RELOCATION
Question 18: Do you agree that financial assistance be given to fish farm operators to relocate where there is a clear environmental benefit in doing so?
Question 19: Do you agree that the Scottish Ministers should have powers to close fish farms where there is a clear public interest to do so and where owners are not in a position to relocate?

CHAPTER 6 DISCRETIONARY POWER TO PAY COMPENSATION FOR COMPULSORY FISH SLAUGHTER
Question 20: Under what circumstances might it be useful for the Scottish Ministers to have discretionary powers to pay compensation to fish farm operators?

CHAPTER 7 FISH MOVEMENTS - FISH FARMS
Question 21: Do you agree with the need to regulate live fish movements out of, and between, marine farm management areas?
Question 22: Do you agree there is no general need to restrict live fish movements between freshwater fish farms?
Question 23: Is the proposed power to bring in a national standstill provision in case of a novel disease appropriate?
Question 24: Should the Regulator be empowered to licence the transfer of fish by wellboats in Scotland?

PART II - FRESH WATER FISHERIES
CHAPTER 8 GYRODACTYLUS SALARIS ( GS)

Question 25: Should the Bill include enabling powers to eradicate GSwhere the circumstances are appropriate?
Question 26: Should the Scottish Ministers have the power to apply chemical treatments to watercourses for the purpose of eradicating GS?
Question 27: Should the Scottish Ministers have the power to apply chemical treatments to freshwater farms for the purpose of eradicating GS?
Question 28: Should the Scottish Ministers have the power to authorise the removal of dead and moribund fish from watercourses for the purpose of eradicating GS?
Question 29: Should the Scottish Ministers have the power to remove dead and moribund fish from freshwater farms for the purpose of eradicating GS?
Question 30: Do you agree with the proposal for the Scottish Ministers to impose standstill notices?
Question 31: Do you agree with the powers to erect barriers and close fish passes?
Question 32: Should Scottish Ministers and their agents have powers of compulsory access?
Question 33: Do you agree with the power to require clearance of fish farms in these circumstances?
Question 34: Should powers for mandatory disinfection of recreational gear be introduced?

CHAPTER 9 AMENDMENTS TO RULES ON ACCESS
Question 35: Do you agree with the proposal to make Liaison Committees mandatory?
Question 36: Do you agree with the proposal to remove the requirement to advertise in the Edinburgh Gazette?
Question 37: How else should protection orders be publicised, beyond the requirement set out in the 2003 Act that the applicant give notice in such other newspapers as the Scottish Ministers direct?
Question 38: Do you agree with the proposal that protection orders need not cover contiguous fisheries?
Question 39: Do you agree?
Question 40: How should buyers find out/be told that protection orders affect their property and be alerted to what their responsibilities are?

CHAPTER 10 FISH MOVEMENTS - WILD FISH
Question 41: Should the Bill make provision to regulate the movement of fish into inland waters?

CHAPTER 11 MISCELLANEOUS AMENDMENTS
Question 42: Do you agree with the proposals to permit the use of rod rests?
Question 43: Are the limits on the number of rods correct?
Question 44: Do you agree with the ban on live vertebrates as bait?
Question 45: Do you agree with the proposals to prohibit the use of tailers, gaffs, pike gags and landing nets with knotted nets?
Question 46: Do you agree that foul-hooking should be clearly prohibited in law?
Question 47: Do you agree with the proposals to make provision empowering the Scottish Ministers to make orders specifying annual or weekly close times for freshwater fish?
Question 48: Do you agree with this approach?
Question 49: Do you agree that the current law prohibiting the obstruction of salmon during their spawning runs should be extended as described?
Question 50: Should the Executive widen the existing passage of salmon rules to cover all freshwater fish and all times of year?
Question 51: Do you agree with the extension of the definition of fish?

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Page updated: Wednesday, December 14, 2005