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. |