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EXECUTIVE SUMMARY
This paper sets out which of the proposals from the consultation will be taken forward and included as measures in the Aquaculture and Fisheries (Scotland) Bill.
In December 2005 the Deputy Minister for Environment and Rural Development announced the publication of the consultation paper Aquaculture and Fisheries Bill - Consultation Paper and Draft Regulatory Impact Assessment. The Consultation paper sought views on the Scottish Executive's proposals for the Aquaculture and Fisheries (Scotland) Bill. The Scottish Executive also conducted a series of ten public meetings as part of the consultation exercise to give members of the public an opportunity to meet Scottish Executive officials and put forward their views on the proposals in person. The views gathered during the consultation exercise have informed the Scottish Ministers' decisions on how to take forward the Scottish Executive's commitment to support the aquaculture industry and improve the freshwater fishery in Scotland.
For aquaculture, the measures in this paper will help build public and international confidence in fish farming by underpinning the voluntary approach set out in the Scottish finfish aquaculture's Code of Good Practice. The Scottish Executive intends to do this by providing backstop powers to tackle the long running and difficult issues of sea lice control and fish farm escapes which can have a negative impact on the aquatic environment. Specifically, the measures set out in this paper propose that inspectors have powers to inspect fish and shellfish farms to assess the measures in place for controlling parasites and for preventing fish escapes and to have discretionary powers to serve enforcement notices where problems need to be rectified. Companies adhering to the industry's Code should not have problems which would require such notices to be served. The fact that the Bill provides powers that act to underpin the industry's code takes account of the principle espoused by Partnership Agreement No. 328 not to increase the regulatory burden on the aquaculture industry.
For freshwater fisheries, the Scottish Executive proposes a series of amendments to freshwater fisheries legislation and other measures to help improve access to game and coarse fisheries; this can be viewed not simply in terms of physical access to a river bank or loch, but in a more comprehensive way that include measures that contribute to the overall availability and sustainability of fishing for anglers. This paper also outlines measures to deal with the salmon parasite, Gyrodactylus salaris, should it ever be introduced.
The measures set out in this paper do not include any proposals relating to the future shape of fisheries management in Scotland. The Scottish Executive recognises this to be an important issue, and is grateful to all those who contributed to the debate during the consultation. The Freshwater Fisheries Forum and the Scottish Executive will take these views into account as we continue to develop this complex area and work towards a future legislative opportunity
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