Aquaculture and Fisheries (Scotland) Act 2013

2013 asp 7 · Enacted 18 June 2013 · Extends to Scotland

Contents

1. Part 1: Aquaculture
2. Chapter 1: Fish farm management
3. 1Fish farm management agreements and statements
4. 2Escapes, and obtaining samples, from fish farms
5. Chapter 2: Fish farming: equipment and wellboats
6. Equipment
7. 3Technical requirements for equipment used in fish farming
8. Wellboats
9. 4Meaning of “wellboat”
10. 5Control and monitoring of operations of wellboats
11. 6Enforcement notices
12. 7Marine enforcement officers' functions
13. 8Power to detain wellboats in connection with court proceedings
14. 9Release of wellboat detained under section 8
15. 10Power of sheriff to order release of wellboats
16. Chapter 3: Commercially damaging species
17. Orders relating to commercially damaging species
18. 11Specification of commercially damaging species
19. 12Movement of species, etc.
20. 13Orders under section 12(1): samples and surveillance
21. 14Offences relating to persons appointed under section 13
22. 15Notification of presence of commercially damaging species
23. Control
24. 16Control agreements
25. 17Control schemes
26. 18Emergency action notices
27. 19Appeals in connection with emergency action notices
28. Powers
29. 20Power to enter fish farms, shellfish farms, etc.
30. Offences
31. 21Offences in relation to control agreements, control schemes, etc.
32. Interpretation of Chapter 3
33. 22Interpretation of Chapter 3
34. Chapter 4: Planning permission
35. 23Planning permission for marine fish farms
36. Part 2: Salmon fisheries, etc.
37. Governance
38. 24District salmon fishery boards: openness and accountability
39. 25Duty to consult and report before making certain applications
40. Management
41. 26Carcass tagging
42. 27Powers to take fish or samples for analysis, etc.
43. 28Power of Scottish Ministers to conduct inquiries and obtain information
44. 29Monitoring and evaluation of the effects of orders, etc.
45. 30Power to vary procedures for orders, etc. relating to certain fisheries
46. 31Offence of fishing for salmon during annual close time
47. 32Consents for introduction of fish into inland waters
48. 33Offences exempted by permission or consent: power to attach conditions, etc.
49. Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003: Crown application
50. 34Application of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 to the Crown
51. Part 3: Sea fisheries
52. Enforcement of sea fisheries legislation
53. 35Powers of British sea-fishery officers to enforce sea fisheries legislation
54. Detention of vessels in connection with court proceedings
55. 36Power to detain vessels in connection with court proceedings
56. 37Release of vessel detained under section 36
57. 38Power of sheriff to order release of vessels
58. Inspection and seizure of objects used in commercial sea fishing
59. 39Power to inspect and seize objects
60. 40Reports of inspections under section 39
61. 41Retention of objects seized under section 39(3)
62. 42Disposal of objects seized under section 39
63. Retention and disposal of property seized by BSFOs
64. 43Retention of property seized by British sea-fishery officers
65. 44Power of Scottish Ministers to sell seized fish in their possession
66. 45Disposal of property retained by Scottish Ministers under section 43
67. Forfeiture
68. 46Forfeiture of prohibited items
69. 47Forfeiture of fish failing to meet size requirements
70. 48Further provision about forfeiture under section 46 or 47
71. Inshore sea fishing
72. 49Contravention of orders prohibiting inshore sea fishing
73. 50Powers of entry
74. Enforcement of EU rules
75. 51Modification of the Fisheries Act 1981: enforcement of EU rules
76. Supplementary
77. 52Conclusion of proceedings
78. 53Interpretation of Part 3
79. Part 4: Shellfish
80. Protection of shellfish waters
81. 54Protection and improvement of shellfish waters
82. Orders as to fisheries for shellfish
83. 55Power to make orders as to fisheries for shellfish
84. 56Contravention of regulated fishery orders
85. 57Enforcement of orders: powers of entry
86. 58Power to appoint inspectors before making orders as to fisheries for shellfish
87. Part 5: Miscellaneous
88. Charging
89. 59Power to charge in connection with fisheries functions
90. Fixed penalty notices
91. 60Fixed penalty notices
92. 61Fixed penalty notices and civil sanctions under the Marine (Scotland) Act 2010
93. Part 6: General
94. 62Subordinate legislation
95. 63Interpretation
96. 64Ancillary provision
97. 65Crown application
98. 66Commencement
99. 67Short title
100. Schedule 1: Commercially damaging species: control schemes
101. Making a control scheme: procedure
102. 1Paragraph 1
103. 2Paragraph 2
104. 3Paragraph 3
105. 4Paragraph 4
106. Variation or revocation of a control scheme: procedure
107. 5Paragraph 5
108. 6Paragraph 6
109. 7Paragraph 7
110. 8Paragraph 8
111. 9Paragraph 9
112. Objections
113. 10Paragraph 10
114. Making, varying or revoking a control scheme: notices
115. 11Paragraph 11
116. Validity of control schemes
117. 12Paragraph 12
118. Appeals
119. 13Paragraph 13
120. Schedule 2: Forfeiture under section 46 or 47
121. Application of schedule
122. 1Paragraph 1
123. Notice of intended forfeiture
124. 2Paragraph 2
125. Notice of claim
126. 3Paragraph 3
127. Automatic forfeiture in a case where no claim is made
128. 4Paragraph 4
129. Decision whether to apply for order forfeiting property
130. 5Paragraph 5
131. Return of property if no application made to the sheriff
132. 6Paragraph 6
133. Forfeiture applications
134. 7Paragraph 7
135. Appeal against sheriff's decision on forfeiture application
136. 8Paragraph 8
137. Effect of forfeiture
138. 9Paragraph 9
139. Disposal of property which is not returned
140. 10Paragraph 10
141. Provisions as to proof
142. 11Paragraph 11
143. Power to destroy fish before forfeiture
144. 12Paragraph 12
145. Power to return shellfish to the sea before forfeiture
146. 13Paragraph 13