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The Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011

Consolidated Text Cited authorities 23 Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2011/2292
  • These Regulations may be cited as the Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011 and come into force on 10th October 2011.
    • (1) These Regulations extend to England and Wales.(2) Subject to paragraph (3) , these Regulations apply in relation to England and Wales.(3) Regulation 4 applies in relation to England only.(1) In these Regulations—
    • “an Annex IV species” means any species listed in Annex IV to Council Regulation 708/2007 as amended from time to time;
    • “aquaculture facility” includes open and closed aquaculture facilities;
    • “the competent authority” means, in relation to England, the Secretary of State, and, in relation to Wales, the Welsh Ministers;
    • “Council Regulation 708/2007” means Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture;
    • “England” includes the area of sea within the seaward limits of the territorial sea adjacent to England but does not include any part of the Welsh zone or the Scottish zone;
    • “inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;
    • “permit” means a permit issued by the competent authority under Council Regulation 708/2007;
    • “Wales” has the same meaning as it has by virtue of section 158(1) of the Government of Wales Act 2006 .
    (2) In this regulation—
    • “Scottish zone” has the same meaning as it has by virtue of section 126(1) and (2) of the Scotland Act 1998 ;
    • “Welsh zone” has the same meaning as it has by virtue of section 158(1) of the Government of Wales Act 2006
    (3) Other expressions used in these Regulations that are also used in Council Regulation 708/2007 have the meaning they bear in that Regulation.carry out a review of these Regulations;set out the conclusions of the review in a report; andlay the report before Parliament.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .set out the objectives intended to be achieved by these Regulations;assess the extent to which those objectives are achieved; andassess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.the period of 5 years beginning with the day on which these Regulations come into force, andsubject to paragraph (5) , each successive period of 5 years.(5) If a report under this regulation is laid before Parliament before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is laid.must be in writing;must be identifiable by reference to a unique number;must specify the duration for which it is issued;must specify the species to which it applies;must specify the aquaculture facility into which the introduction or translocation may take place;may be made subject to such further conditions as the competent authority considers appropriate.be notified to the applicant in writing;give reasons; andinform the applicant of the right of appeal under regulation 20.an Annex IV species; ora locally absent species from within F16Great Britain.(2) A person proposing to undertake a movement must notify that proposal to the competent authority in writing.(3) An application for, or to make changes to, an authorisation to operate an aquaculture production business under the Aquatic Animal Health (England and Wales) Regulations 2009 (4) A person who makes a notification under paragraph (2) must not undertake the proposed movement except in accordance with a notice issued under regulation 7(2) (b) or (3) (b) or regulation 8(2) .(5) This regulation does not apply to subsequent movements notified under paragraph (2) made by the same person to the same location.(1) This regulation applies where the competent authority receives a notification under regulation 6(2) in relation to the proposed movement of an Annex IV species.prohibiting that movement;permitting that movement, and any subsequent movement of the same species to the same location, subject to any conditions stated in the notice; orrequiring the person to submit an environmental risk assessment carried out under Article 9(1) of Council Regulation 708/2007.prohibiting the movement; orpermitting the movement, and any subsequent movement of the same species to the same location, subject to any conditions stated in the notice.include a number that is unique to that notice;specify the species to which it applies; andspecify the aquaculture facility into which the movement may take place.(5) A notice served under paragraph (2) (a) or (b) or (3) must inform the person on whom the notice is served of the right of appeal under regulation 20.(1) This regulation applies where the competent authority receives a notification under regulation 6(2) in relation to the proposed movement of a locally absent species from within F17Great Britain.(2) The competent authority must serve written notice on the person proposing to undertake the movement within 90 days of receiving notification informing them whether for the purposes of Article 2(2) of Council Regulation 708/2007 there are grounds for foreseeing environmental threats due to the proposed translocation.

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