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PART 2 AQUACULTURE
2.1 Parasite Control
Provision for parasites in general or only for sealice (Question 3)
7. The consultation acknowledged that the Bill should be principally concerned with the control of sea lice. However is also acknowledged that it might be sensible to make provision in the Bill for parasites more generally.
8. A majority of respondents felt that the Bill should make provision for parasites in general, with an overwhelming number of respondents feeling that a wider provision would be prudent given that other species of parasites might become problematic in the future.
9. The Scottish Executive intends to restrict itself to defining parasites as Caligus elongatus and Lepeophtheirus salmonis (species of sea lice). However the Scottish Executive recognises that other species of parasites could become problematic in the future and so the Bill will contain an enabling power that will allow the Scottish Ministers to modify the meaning of 'parasite' by Order so that other species of parasite could be added to the two species already identified.
Powers of the inspector (Questions 4,5,6 and 7 refer)
10. The consultation proposed that inspectors have both an advisory and an enforcement role. The proposed advisory role concerned the promotion of best practice in managing sea lice. The proposed enforcement role included powers to inspect fish farms, inspect sea lice data and enforce treatments (including the arrangement of treatment through a third party).
11. There was a high level of support for this proposal from all groups except the aquaculture industry, most of which objected to the proposals. Many respondents from the aquaculture sector suggested that inspections should not be undertaken where a company is compliant with the Industry Code of Good Practice.
12. The Scottish Executive intends to implement the proposals. The Scottish Executive envisages that inspectors will have a largely advisory role with respect to the management of sea lice. The work of inspectors will be guided by advice and guidance from SEERAD. The Scottish Executive intends that inspectors will undertake a risk based approach to inspections. Inspectors will follow up complaints, where appropriate target those operators who have not adopted the Industry Code of Good Practice and undertake a rolling programme of inspections. The Scottish Executive proposes to include provisions in the Bill that will give the Scottish Ministers discretion to require information, and to inspect farms as well as discretion to serve an enforcement notice.
Powers to direct treatment for notifiable diseases (Question 8)
13. The proposals set out in the consultation set out the need for powers in the Bill that would enable the Scottish Ministers to direct treatments (in the widest sense) for notifiable diseases.
14. A majority of respondents supported the proposal, although there was significantly less support from a number of sectors than for the proposals for parasite control. It was clear that the aquaculture sector was largely opposed to the proposals because there were adequate powers already in place.
15. The Scottish Executive does not intend to implement the proposal. It accepts that existing powers (namely-slaughter) for tackling serious notifiable diseases are adequate to prevent the spread of disease.
2.2 Containment
Definition of fish farm (Questions 9 and 10 refer)
16. The consultation proposed that any Bill provision relating to containment and escapes from fish farms be limited to all types of marine and freshwater fish farms except restocking hatcheries for wild fisheries and shellfish farms.
17. It was unclear from the responses received as to whether a majority of respondents agreed with the proposal. Of those that objected, a minority cited the 'precautionary principle' as a reason for including restocking hatcheries and shellfish farms. Others suggested that there should be exemptions for small non-commercial hatcheries.
18. The Scottish Executive intends to apply any provisions in the Bill relating to containment and escapes to those persons who have their fish farming businesses registered under the terms of the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 (as amended). The provisions on containment and escapes will not apply to shellfish farms. The provisions on parasites will apply to fish farms and shellfish farms. Hatcheries will only be affected where they are registered under the 1985 Order.
Powers of the Inspector (Questions 11, 12 and 14 refer)
19. The Scottish Executive proposed a wider regulatory regime covering containment measures on farms. The Scottish Executive proposed that the Scottish Ministers should have advisory functions as well as powers to inspect a fish farm to ensure that adequate containment measures are in place. The consultation paper invited views on elements that could be addressed in containment plans.
20. A majority of respondents from most sectors welcomed the proposals. Many welcomed the focus on prevention, although some from the aquaculture industry did consider inspections as unnecessary. A majority of the aquaculture preferred an advisory role to enforcement. A range of views were expressed about what elements should be addressed in containment plans. It was clear that there was no agreement on what containment measures should be in place: suffice to say that there was agreement that any measures should be robust and workable.
21. The Scottish Executive intends to implement the proposals and envisages both an advisory and enforcement role for inspectors. The work of inspectors will be guided by advice and guidance from SEERAD. The Scottish Executive intends that inspectors will undertake a risk based approach to inspections. Inspectors will follow up complaints, where appropriate target those operators who have not adopted the Industry Code of Good Practice and undertake a rolling programme of inspections. The Scottish Executive proposes to include provisions in the Bill that will give the Scottish Ministers discretion to require information and to inspect farms as well as discretion to serve an enforcement notice. As far as containment measures are concerned, the Scottish Executive proposes to make it mandatory for fish farm operators to have satisfactory measures in place to contain fish, prevent escapes of fish and to recover fish which have escaped.
Strict Liability Offence (Question 13)
22. The Scottish Executive proposed a strict liability offence in respect of escapes from fish farms. In the event of an escape a fish farm operator would be guilty of an offence unless they could prove to the court that they had taken all reasonable steps to prevent an escape from occurring.
23. A majority of respondents agreed with the proposal, however there was some debate as to how a strict liability offence might work in practice. Many respondents wondered how the authorities might prove beyond reasonable doubt that there had been an escape from a fish farm, others felt that a strict liability offence would put operators off reporting escapes. A number from the aquaculture sector were unhappy with the presumption of guilt.
24. The Scottish Executive does not intend to pursue this proposal. This is due to the reasons outlined above i.e. that it would be very difficult to enforce and it could act to discourage the reporting of escapes.
Escapes Notification (Question 15)
25. The Scottish Executive proposed new notification procedures to replace provisions provided by the Registration of Fish Farming and Shellfish Farming Registration Order 1985, as amended.
26. A range of views were offered in response to the question posed.
27. The Scottish Executive does not intend to pursue this proposal in this Bill. Rather, the Scottish Executive may choose to amend the 1985 Order through secondary legislation at a future date.
Powers to investigate escapes (Question 16)
28. The Consultation Paper proposed that inspectors should have the powers to investigate escapes and suspected escapes of fish from fish farms whatever the source of the information.
29. An overwhelming majority of respondents agreed with the proposal. However there was some concern that inspectors would not have discretionary powers to act upon information about escapes. Some respondents also felt that the Scottish Ministers should have the powers to instruct improvements after an escape has occurred.
30. The Scottish Executive intends to implement this proposal. The provisions in the Bill will allow inspectors to carry out inspections to ascertain whether fish have escaped from a fish farm and if need be instruct operators to make improvements to ensure that they have adequate measures in place to contain fish and prevent the escape of fish from the fish farm.
2.3 Data Collection
Data Collection (Question 17)
31. The Consultation paper proposed that the Scottish Ministers should have the powers to oblige the aquaculture industry to submit data that they deem necessary. This includes all data currently obtained through the annual production survey as well as economic data from producers and trade bodies. The data will inform how the Scottish Ministers develop future policies, future decisions and achieve the vision of the Strategic Framework for Scottish Aquaculture.
32. Respondents were asked what data in addition to production survey data should be appropriate to submit. There was a range of views given, with the largest proportion content for the Scottish Ministers receive such data as they deem necessary. Most of the respondents from the aquaculture sector did not feel that any additional data were required.
33. The Scottish Executive intends to implement this proposal and introduce an enabling power for the Scottish Ministers to require registered fish and shellfish farming businesses to provide information as may be specified by Order in relation to the economic, social and environmental aspects of fish and shellfish farming.
2.4 Fish Farm Relocation
Fish Farm Relocation (Questions 18 and 19 refer)
34. The Scottish Executive proposed that the Scottish Ministers be given powers enabling them to offer financial assistance to fish farm operators who wish to relocate any or all parts of their operations where it can be demonstrated that there is an environmental benefit from doing so. The Scottish Executive also proposed powers to close a fish farm where the Scottish Ministers believe that there is a clear public interest in doing so.
35. An overwhelming majority of respondents agreed that financial assistance should be offered for voluntary relocation and that the Scottish Ministers should have the powers to close farms. However there were a number of concerns about the proposed powers to close farms, some suggesting that it be used as a last resort, others felt that this would not help investor confidence in the industry. There was also some concern as to how 'clear public interest' might be defined.
36. As Scottish Ministers already have powers under section 31 of the 1981 Fisheries Act to offer financial assistance through a relocation support scheme, new powers in the Bill are unnecessary. The Scottish Executive will not introduce powers to close fish farms because the 'clear public interest' cannot be defined and there is no evidence to support such a measure.
2.5 Payments in respect of fish destroyed
Discretionary power to pay compensation for compulsory fish slaughter (Question 20)
37. The Consultation Paper proposed that there should be an enabling power such that the Scottish Ministers could, if they saw fit and without obligation, pay compensation of such amount in what circumstances as they prescribed by statutory instrument, for any fish destroyed for the purposes of disease controls.
38. Respondents were asked for their views about the circumstances in which it would be useful for the Scottish Ministers to have discretionary powers. The three most common responses to the question posed were:
- When a loss of stock and/or production has been incurred due to a disease or parasite outbreak,
- when the operator has strictly adhered an industry Code of Practice, and;
- that any discretionary powers be on a par with agriculture.
39. The Scottish Executive intends to implement this proposal through an enabling power for the Scottish Ministers to make schemes for the payment of compensation in respect of losses suffered by fish farmers owing to outbreaks of disease and where the Scottish Ministers have ordered the destruction of fish. The Scottish Executive envisages that such schemes would include a requirement for fish farm operators to adhere to an Industry Code of Good Practice in order to qualify for compensation.
2.6 Fish Movements - Fish Farms
Regulation of live fish movements out of, and between marine farm management areas (Question 21)
40. The Scottish Executive proposed that the consent of inspectors would be required for the movements of live fish out of management areas (to be defined in an SI). The proposals also covered movement ashore for stripping of broodstock and for processing.
41. A majority of respondents agreed with the proposals, although there was some debate about what constituted a 'management area'. Most of the aquaculture sector disagreed with the proposals, suggesting that the current legislative framework was adequate.
42. The Scottish Executive intends to implement this proposal, but only for introductions from saltwater into a specified area. The Bill will include a power for the Scottish Ministers to designate specified areas by statutory instrument, following consultation. The industry's own farm management areas would be an appropriate basis for the specified areas. The provisions in the Bill will not apply to movements within specified areas, to and from freshwater and from outwith the UK.
Regulation of live fish movements between freshwater fish farms (Question 22)
43. The consultation asked respondents if they agreed that there was no general need to restrict live fish movements between freshwater fish farms. The Scottish Executive considered the Diseases of Fish Act (1937) as amended to give the Scottish Ministers sufficient powers to be able to deal with an outbreak of a notifiable disease.
44. A small majority of respondents disagreed that there was no general need to restrict live fish movements between freshwater fish farms, basically due to concerns about the spread of disease.
45. The Scottish Executive does not intend to regulate live fish movements between freshwater fish farms, because it considers existing legislation to be adequate for the purposes of disease control in the freshwater environment.
National standstill provision in the event of an outbreak of a novel disease (Question 23)
46. The Scottish Executive suggested that it would be helpful to include a power in the Bill for a 'standstill provision' that would be able to cover the whole of Scotland and prevent all movements in the event of an outbreak of a novel disease, i.e. one that is not covered by the Diseases of Fish Act (1937) as amended.
47. A majority of respondents were in favour of the proposals. However it was clear that there were concerns about the potential detrimental economic impact on fish farmers depending on the duration of the standstill notice. A number of respondents suggested that there should be compensation for where a standstill notice is issued. There was also some debate about whether a standstill notice should regional rather than national.
48. The Scottish Executive does not intend to implement this proposal through the Bill because should a novel disease arise, it would be straightforward to amend the list of diseases in the 1937 Act by Scottish Statutory Instrument.
Licensing the transfer of fish by wellboats in Scotland (Question 24)
49. The Consultation Paper proposed powers in the Bill to enable inspectors to inspect any wellboats before it begin operations at a farm. A wellboat would only operate after receiving an operating licence from an inspector, where that inspector was satisfied that the vessel has been properly disinfected.
50. An overwhelming majority of respondents agreed with the proposal. Many were in favour due to the risks presented by wellboats in terms of disease, parasites and alien species. Others suggested that the Industry Code of Good Practice was sufficient for the purposes of wellboats operating in Scotland but that inspectors should have the powers to inspect boats coming into Scottish waters.
51. The Scottish Executive does not intend to implement this proposal. This issue will be addressed at EU level through measures to regulate the transport of live farmed fish. The Scottish Executive will be fully involved in the development of these measures.
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