Aquaculture and Fisheries (Scotland) Act 2013

Cited authorities 72

Cited in

Amendments 60

Jurisdiction	Scotland
Citation	2013 asp 7

(1) The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.(2) After section 4 insert—

Fish farm management agreements and statements

(4A) Fish farm management agreements and statements

“(1) A person who carries on a business of fish farming at a fish farm located...

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Aquaculture and Fisheries (Scotland) Act 2013
PART 1: Aquaculture

1: Fish farm management agreements and statements

2: Escapes, and obtaining samples, from fish farms

Equipment

3: Technical requirements for equipment used in fish farming

Wellboats

4: Meaning of “wellboat”
5: Control and monitoring of operations of wellboats
6: Enforcement notices
7: Marine enforcement officers' functions
8: Power to detain wellboats in connection with court proceedings
9: Release of wellboat detained under section 8
10: Power of sheriff to order release of wellboats

Orders relating to commercially damaging species

11: Specification of commercially damaging species
12: Movement of species, etc.
13: Orders under section 12(1): samples and surveillance
14: Offences relating to persons appointed under section 13
15: Notification of presence of commercially damaging species

Control

16: Control agreements
17: Control schemes
18: Emergency action notices
19: Appeals in connection with emergency action notices

Powers

20: Power to enter fish farms, shellfish farms, etc.

Offences

21: Offences in relation to control agreements, control schemes, etc.

Interpretation of Chapter 3

22: Interpretation of Chapter 3

23: Planning permission for marine fish farms

PART 2: Salmon fisheries, etc.

Governance

24: District salmon fishery boards: openness and accountability
25: Duty to consult and report before making certain applications

Management

26: Carcass tagging
27: Powers to take fish or samples for analysis, etc.
28: Power of Scottish Ministers to conduct inquiries and obtain information
29: Monitoring and evaluation of the effects of orders, etc.
30: Power to vary procedures for orders, etc. relating to certain fisheries
31: Offence of fishing for salmon during annual close time
32: Consents for introduction of fish into inland waters
33: Offences exempted by permission or consent: power to attach conditions, etc.

Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003: Crown application

34: Application of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 to the Crown

PART 3: Sea fisheries

Enforcement of sea fisheries legislation

35: Powers of British sea-fishery officers to enforce sea fisheries legislation

Detention of vessels in connection with court proceedings

36: Power to detain vessels in connection with court proceedings
37: Release of vessel detained under section 36
38: Power of sheriff to order release of vessels

Inspection and seizure of objects used in commercial sea fishing

39: Power to inspect and seize objects
40: Reports of inspections under section 39
41: Retention of objects seized under section 39(3)
42: Disposal of objects seized under section 39

Retention and disposal of property seized by BSFOs

43: Retention of property seized by British sea-fishery officers
44: Power of Scottish Ministers to sell seized fish in their possession
45: Disposal of property retained by Scottish Ministers under section 43

Forfeiture

46: Forfeiture of prohibited items
47: Forfeiture of fish failing to meet size requirements
48: Further provision about forfeiture under section 46 or 47

Inshore sea fishing

49: Contravention of orders prohibiting inshore sea fishing
50: Powers of entry

Enforcement of EU rules

51: Modification of the Fisheries Act 1981: enforcement of EU rules

Supplementary

52: Conclusion of proceedings
53: Interpretation of Part 3

PART 4: Shellfish

Protection of shellfish waters

54: Protection and improvement of shellfish waters

Orders as to fisheries for shellfish

55: Power to make orders as to fisheries for shellfish
56: Contravention of regulated fishery orders
57: Enforcement of orders: powers of entry
58: Power to appoint inspectors before making orders as to fisheries for shellfish

PART 5: Miscellaneous

Charging

59: Power to charge in connection with fisheries functions

Fixed penalty notices

60: Fixed penalty notices
61: Fixed penalty notices and civil sanctions under the Marine (Scotland) Act 2010

PART 6: General

62: Subordinate legislation

63: Interpretation
64: Ancillary provision

65: Crown application

66: Commencement

67: Short title
SCHEDULE 1 (introduced by section 17(6))
Commercially damaging species: control schemes

Making a control scheme: procedure
Variation or revocation of a control scheme: procedure
Objections
Making, varying or revoking a control scheme: notices
Validity of control schemes
Appeals

SCHEDULE 2 (introduced by section 48)
Forfeiture under section 46 or 47

Application of schedule
Notice of intended forfeiture
Notice of claim
Automatic forfeiture in a case where no claim is made
Decision whether to apply for order forfeiting property
Return of property if no application made to the sheriff
Forfeiture applications
Appeal against sheriff's decision on forfeiture application
Effect of forfeiture
Disposal of property which is not returned
Provisions as to proof
Power to destroy fish before forfeiture
Power to return shellfish to the sea before forfeiture

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Aquaculture and Fisheries (Scotland) Act 2013

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