Regulating the Movements of Fish into Inland Freshwaters
Introduction
The Aquaculture and Fisheries Bill was laid before Parliament on 30 June 2006. The Scottish Executive proposes to make it an offence for any person to introduce intentionally any live fish or spawn of any fish into inland waters (other than fish farms - where other procedures are in place), or possess such with the intention of introduction without prior written authority of the Scottish Ministers.
Background
As a means of delivering integrated fisheries management plans the policy drivers for movement regulations are:
- Deliver sustainable fisheries
- Protect native biodiversity
- Protect fish health
We have in place both domestic and European legislation that goes so far to address health and biodiversity. However, we have no means of controlling the movements of fish between inland water systems. That poses a clear risk to all of the above. English and Welsh Administration face the same issue which Section 30 of The Salmon and Freshwater Fisheries Act 1975 has constraints which makes prosecution of offences extremely difficult to achieve, thereby substantially weakening any deterrent. The proposal is to bolster the current controls in place through regulation of all fish movements by way of secondary legislation enacted under the Bill.
Options
Possible options for managing movement regulation could range from:
- Issue licence for every batch movement
- Issue licence for donor water for each species being moved
- Issue periodic licence, 6 months, yearly or longer, for donor water for all permitted species
- Make it a legal requirement for notification of all transport of fish batches
- Make it a legal requirement for notification of number/weights/species of all transport of fish
- Paper based system or electronic system
Pros and Cons
The above options have obvious advantages and disadvantages both in terms of their effectiveness in delivering the policy objectives and in terms of burden on the industry. It is essential that a balance must be found which provides an effective mechanism that can be delivered by both industry and Government.
Timing and next steps
The timetable for the Bill is shown in annexe 1. We are looking to develop proposals with the industry to allow implementation to coincide with Royal assent. Members are therefore requested to consider the proposals and offer initial thoughts on practicalities and preferred way ahead. We can then begin formal consultation of respective organisations to firm up proposals with a view to embarking on public consultation by early 2007.
SEERAD August 2006
Annexe 1 Bill Process
Introduction of the Bill to the Scottish Parliament
The Bill was introduced formally to the Parliament on 30 June 2006. The Bill will be introduced as part of the legislative programme for 2006/07.
Stage 1 - Expected late 2006
Stage 1 - The Lead Committee reports to Parliament on the general principles of the Bill and their report will include a recommendation as to whether the general principles should be agreed to. In reaching its recommendation, the lead Committee can be expected to call for written and oral evidence. The Lead Committee Stage 1 report can be expected to include reports from other Committees (e.g. the Finance Committee) as annexes.
Stage 2 - Expected early 2007
As soon as a decision has been taken at Stage 1 in favour of the Bill, it is open to MSPs to lodge amendments. The principal role of the Stage 2 Committee is to dispose of amendments but it is also open to the Committee to take further evidence. An "As Amended" print of the Bill is made available at the end of Stage 2.
Stage 3 and Royal Assent
MSPs may lodge amendments for Stage 3 as soon as Stage 2 is completed. Stage 3 takes place at a full meeting of the Parliament. After proceedings on amendments the debate takes place as to whether the Parliament agrees that the Bill will be passed. If passed this is followed by Royal Assent.