The United Kingdom of Great Britain and Northern Ireland (United Kingdom) consists of four countries forming three distinct jurisdictions each having its own court system and legal profession: England and Wales, Northern Ireland and Scotland. This overview is focused on Scotland since it is responsible for approximately 90 percent of all United Kingdom aquaculture production. The Scottish aquaculture industry is based upon marine fish and shellfish farms producing a range of mollusc species. Marine fish farming is dominated by Atlantic salmon. There is also a small number of farms concerned with other species such as halibut, sea trout, cod and turbot. At present, virtually all production from shellfish and from marine finfish farms is limited to the inshore waters of the west coast and the islands. In addition, fish farming takes place in freshwater and in tanks on land. This mainly involves the production of rainbow trout and the production of salmon smolts for on-growing in marine fish farms.
The Scottish Parliament, established under the Scotland Act (1998) , can legislate in areas of domestic policy but excluding foreign affairs, defence and national security, economic and monetary policy, employment and social security. Until the establishment of the Scottish Parliament, laws with specific application to Scotland were made in the United Kingdom Parliament. The responsibility for aquaculture rests with the Scottish Executive Environment & Rural Affairs Department (SEERAD). It is responsible, inter alia, for measures under the Diseases of Fish Acts (1937, as amended in 1983) and the related fish health legislation of the European Union (EU) in order to prevent the introduction and spread of pests and diseases of fish and shellfish which may affect farmed and wild stocks. It also has wider responsibilities in relation to the protection of fish, fisheries and the marine environment. SEERAD advises the Crown Estate on the implications of applications for marine fish farm leases with respect to disease control, existing fishing interests and the inshore marine environment, and is consulted by the Scottish Environment Protection Agency (SEPA) on discharge consent applications. Fisheries Research Services (FRS), being an executive agency of SEERAD, carries out a wide range of basic marine fish farm research and offers advice on aspects of production and disease control.
A Tripartite Working Group (TWG) addresses problems common to salmon farming and wild salmon fisheries and seeks solutions for a sustainable future in both sectors. The TWG is chaired by SEERAD with other members of the group being representatives from the salmon farming industry and wild fisheries interest groups. In addition, in 2003 a Strategic Framework for Scottish Aquaculture was developed by a Ministerial Working Group for Aquaculture comprising a wide range of stakeholders in the Scottish aquaculture industry. The Strategic Framework sets out a vision for the aquaculture industry in Scotland, describes the context in which the aquaculture industry in Scotland is operating and lists objectives and identifies priorities for action. Also relevant is the Aquaculture Health Joint Working Group (AHJWG), which is the successor to the Joint Government/Industry Working Group on Infectious Salmon Anaemia (ISA), but has wider industry representation. The AHJWG considers ways in which to improve the general health, welfare and management of aquaculture animals, makes recommendations, as appropriate, to Ministers and industry associations, and for research and development.
Other United Kingdom fisheries departments with overall responsibility for aquaculture include the Department for Environment, Food and Rural Affairs (DEFRA), the Department of Agriculture and Rural Development for Northern Ireland (DARD) and the Department for Environment, Planning & Countryside (DEPC; Wales). The Centre for Environment Fisheries and Aquaculture Science (CEFAS), being an executive agency of DEFRA, is a scientific research and advisory centre working in fisheries management, environmental protection and aquaculture and undertakes a wide range of research, advisory, consultancy, monitoring and training activities. Also relevant is the Sea Fish Industry Authority (SFIA or SEAFISH), established under the Sea Fisheries Act (1981), which is the United Kingsdom’s cross-industry seafood body and works across all sectors of the United Kingdom seafood industry to promote good quality and sustainable seafood.
The United Kingdom is a member country of the International Council for the Exploration of the Sea (ICES). In particular relevant to the aquaculture sector is the ICES Code of Practice on the Introductions and Transfers of Marine Organisms . This Code sets forth recommended procedures and practices to diminish the risks of detrimental effects from the intentional introduction and transfer of marine (including brackish water) organisms. It applies to public (commercial and governmental), private, and scientific interests including introductions into closed containment. ICES member countries contemplating new introductions are requested to present to the ICES Council a detailed prospectus on the rationale and plan for any new introduction of a marine (brackish) species. The contents of the prospectus are detailed in Appendix A to the Code. If any introduction or transfer proceeds following approval, ICES requests member countries to keep the Council informed about it.
In addition, the EU is a member of the North Atlantic Salmon Conservation Organization (NASCO). Particularly relevant to the aquaculture sector is its Resolution by the Parties to the Convention for the Conservation of Salmon in the North Atlantic Ocean to Minimise Impacts from Aquaculture, Introductions and Transfers, and Transgenics on Wild Salmon Stocks (2003) . It is also a party to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), which has direct implications for marine aquaculture. Under the Convention, the Paris Commission (PARCOM) issued Recommendation 94/6 on Best Environmental Practice (BEP) for the Reduction of Inputs of Potentially Toxic Chemicals from Aquaculture .
Finally, the United Kingdom is a member of the World Trade Organization (WTO) and a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It ratified both the Convention on Biological Diversity (CBD) and the Biosafety Protocol.
Within two weeks of receipt of a completed application for a shellfish farm the Crown Estate will send copies to the Statutory Authorities, i.e. Scottish Natural Heritage, Scottish Environment Protection Agency and the Scottish Executive, and other bodies with a marine interest and neighbouring loch users, for public consultation. The application is also advertised in a local paper or a copy is placed in a local post office. Within two weeks of receipt of a completed application for a finfish farm the Crown Estate will send copies to the Statutory Authorities, to ask for their opinion as to whether an Environmental Statement (ES) is required in support of the application. The Crown Estate will review the opinions from the Statutory Authorities and provide a view known as a “Screening Opinion”, in which the Crown Estate establishes if an ES or any additional information (not in the form of an ES) is required. Within two weeks of the date of the Screening Opinion, the receipt of additional information or the receipt of the ES, as the case may be, copies of the application will be send to the Statutory Authorities and other bodies with a marine interest and neighbouring loch users for public consultation. Similar to the procedure for a shellfish farm, the application is advertised in a local paper or a copy is placed in a local post office.
Following the consultation period, the local authority reviews the application for a finfish or shellfish farm, as well as correspondence received from consultees during the consultation period, and makes a recommendation to the Crown Estate as to whether or not the application should be approved. The local authority will submit an unqualified favourable view (approved without changes), a qualified favourable view (approved but with conditions, e.g. reduction in site area or equipment) or an unfavourable view (rejection). The Crown Estate will then issue a decision letter based on the recommendation. If the recommendation is to reject the application, the applicant has a right of appeal to the Scottish Executive Inquiry Reporters Unit within six months of the date of notification. There is no provision for third parties to appeal against a decision. If a favourable view is issued, the Crown Estate will prepare a lease for signature by the applicant. Leases are issued for a ten year term. An annual rent is usually charged for the lease based on production tonnage.
Different arrangements apply in Orkney and in Shetland where the respective Councils exercise controls over marine fish farms in their capacity as harbour authorities under powers which are contained in the Zetland County Council Act (1974) and Orkney County Council Act (1974) . They include the power to issue works licenses for works in their coastal areas. While a lease is also required from the Crown Estate, the decision generally reflects the outcome of the works licence application, and similar Crown Estate charges apply.
In order to assist in the consideration of proposals, the Scottish Executive issued policy guidance and advice notes on marine fish farming. The “Policy Guidance Note: Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters ” provides guidance on the factors to be taken into account when considering proposals for new marine fish farms or modifications to existing operations and establishes the national context for the preparation by planning authorities of non-statutory marine fish farming framework plans for guiding the location of future marine fish farms. In addition, the “Advice Note: Marine Fish Farming and the Environment ” provides information about the marine aquaculture industry, explains the framework which has been put in place to encourage the sustainable development of the industry, provides practical advice on the operation of marine fish farms and considers the environmental effects and constraints to development.
Under the Coast Protection Act (1949) , the prior written consent of the Scottish Executive is required for the construction, alteration or improvement of any works on, under or over any part of the seashore lying below the level of mean high water springs. This includes the installation of fish farming equipment. The primary concern of this consent is with the effects on navigation generally. For administrative ease, the lease application to the Crown Estate is generally also treated as an application for navigation consent.
Finally, fish farming in cages sited in freshwater rivers, lakes or lochs requires a registration with and license from SEERAD. This is also required for fish farming in freshwater tanks and ponds, including farms producing salmon, trout or other freshwater fish, farming fish for restocking, operating hatcheries or growing fingerlings and fry from eggs.
The principal legislation covering the planning system in Scotland is the Town and County Planning (Scotland) Act (1997), which sets out the roles of the Scottish Ministers and local authorities with regard to development plans, development control and enforcement. Local authorities are required to draft two types of development plan for their area. Structure Plans provide a broad strategic overview of an area’s development covering a period of at least ten years. Structure Plans tend to encompass large geographic areas and usually involve joint working between local authorities. Local Plans set out detailed policies and specific proposals for the development and use of land to guide day-to-day planning decisions. A local plan may cover the whole, or part of a local authority’s area.
Generally, any development of land requires permission from a planning authority, normally the local authority. Planning authorities are required to determine applications for planning permission, taking into account structure and local plan policies and other considerations. In determining an application, the planning authority can grant permission unconditionally, grant permission subject to conditions or refuse permission. The Town and County Planning (Scotland) Act has recently been amended by the Water Environment and Water Services Act to the effect that planning controls of local authorities are extended into marine waters, and thus over the development of marine fish farms.
Also having significant implications for aquaculture operations is the selection of areas of terrestrial and aquatic environments which merit legal protection under various EU Directives. They include Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (Habitats Directive), which provides for the establishment of Special Areas for Conservation (Sacs), and Council Directive 79/409/EEC on the conservation of wild birds (Wild Birds Directive), which provides for the establishment of Special Protected Areas (Spas). Both Directives are implemented in Scotland, England & Wales by the Conservation (Natural Habitats &c.) Regulations (1994) . Other protected areas in Scotland include, inter alia, National Nature Reserves (NNRs), National Scenic Areas (NSAs) and Wetlands of international importance (RAMSAR sites). Scottish Natural Heritage (SNH) has the task of securing the conservation and enhancement of these protected areas.
In addition, SEERAD has issued a “Circular (No. 6/1995, as revised in June 2000) ” on the Habitats and Birds Directives giving further details on how the Directives apply in Scotland. Furthermore, in March 2003, the Scottish Executive issued a “Consultation Paper ” on amendments to the Habitats Regulations in Scotland. The purpose of the legislative proposals outlined in this paper is to provide more explicit transposition of the Directives by amending the Regulations to provide greater clarity and legal certainty and better ensure that the objectives of the Directives are met.
Marine fish farming falls within the types of projects listed in Annex II to the Directive and must therefore be subject to an EIA whenever they are likely to have significant effects on the environment. This includes changes or extensions to existing developments that may have significant adverse effects on the environment even where the original development was not subject to an EIA. The Regulations also apply to renewal of existing leases. The Regulations apply to applications where any part of the proposed development is to be carried out in a sensitive area, or where the proposed development is designed to hold a biomass of 100 tonnes or more, or where the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
Applications which trigger any of these thresholds must be subject to a formal determination (referred to as a Screening Opinion in the Regulations) by the relevant competent authority as to whether an EIA is required or not. Until such time as the proposed legislation is in place transferring responsibility for the authorisation of marine fish farming to Scottish local authorities, the competent authority for the purposes of the Regulations remains the Crown Estate, with the exception of Shetland and Orkney Islands Councils. For the interim period, the Crown Estate will have regard to the views of the local authorities and other statutory consultees on the need for an EIA in specific cases.
Within SEPA, the Aquaculture Project Management Group (APMG) liaises with the Scottish Executive on the review of regulation of the industry, develops more effective and efficient modelling techniques and seeks to simplify the consenting regime, among others. The APMG also liaises with industry associations and other relevant organisations and interested parties. The Aquaculture Regulatory Project Board (ARPB) oversees the work of APMG, provides direction, monitors progress in fish farm regulation and environmental protection, and ensures effective coordination of effort across SEPA. Moreover, SEPA has drafted a “Marine Fish Farm Manual ” to provide guidance to the public and staff of SEPA on the legislation, policy and procedures which should be considered when regulating Scotland’s marine cage fish farming industry. Reportedly, SEPA is currently in the process of drafting a similar manual for freshwater fish farming.
Council Directive 79/923/EEC on the quality required of shellfish waters requires member states to designate certain areas as needing protection or improvement in order to contribute to a high quality of shellfish products. Member states must establish programmes for reducing pollution to ensure that designated waters comply with defined standards. The Directive has been implemented by the Surface Waters (Shellfish) (Classification) (Scotland) Regulations (1997), which establishes classification and sampling criteria and confers a duty on SEPA to investigate and adopt appropriate measures where sampling results do not satisfy the shellfish waters classification criteria. A ministerial Direction, the Surface Waters (Shellfish) (Scotland) Directions (1997), instructs SEPA to endeavour to achieve guideline values specified in a Schedule to the Direction for designated waters.
Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community is a framework directive that defines principles to protect the aquatic environment from pollution caused by substances that are persistent, toxic and/or accumulate in aquatic biota. The groups and families of substances of concern are listed in an Annex to the Directive. Member States are required to take appropriate action to eliminate pollution by List I substances considered to be the most pernicious and to reduce pollution by List II substances. Some chemicals used in marine fish farming fall within the List II definition. Environmental quality standards for List II substances are set out in a series of Regulations. SEPA is required to monitor water quality in the vicinity of discharges of dangerous substances to determine compliance with these environmental quality standards and to develop and implement pollution reduction programmes.
Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC Directive) seeks to prevent or reduce pollution of the air, water and land through a comprehensive permitting system that looks at emissions to all environmental media together. The requirements of the Directive are transposed by the Pollution Prevention and Control (Scotland) Regulations (2000) , issued under the Pollution Prevention and Control Act (1999) . The Directive applies to a significant number of potentially polluting industrial activities, including certain food processing facilities, but does not apply to aquaculture establishments.
The Fisheries Research Services’ Fish Health Inspectorate (FHI) provides advice to farmers and processes the applications for registration. There is no charge for registering a fish or shellfish farm business. Once an application to register has been processed, the FHI will inform the applicant in writing of the registration number and the business details held on the FRS register. The applicant is to be issued within a movement record book. This book must be used to record any live fish movement on or off site within 24 hours of the movement, any fish escapes as well as observed mortality in the stocks held on site. Complete records must be retained for four years. Each site recorded on the FRS register is entered into the FHI's on-going programme of site inspection and sampling. Site visits and sampling requirements will depend on the species held and the nature of trade for the site. To ensure that the information held on the FRS register is current and accurate, FHI checks and updates the registration details as part of routine site visits. In addition, it requires all changes to the registration details for a business or a site to be reported to FHI in writing within one month of the change.
The Fish Health Regulations (1997), which apply to Great Britain, implement Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (as amended by Council Directives 93/54/EC, 95/22/EC, 97/79/EC and 98/45/EC). The Regulations have been amended by the Fish Health Amendment (Scotland) Regulations (2001). The Regulations, inter alia:
Generally, if there is reasonable ground for suspecting that any inland or marine waters are or may, become infected with a notifiable disease the Scottish Ministers may designate those waters in order to prevent the spread of disease. The power to designate areas is exercised under the Diseases of Fish Acts (1937 and 1983). A Thirty Day Notice (TDN) may be served on any person who is the occupier of the inland waters, or any person who carries on the business of fish farming in marine waters situated in the designated area. A TDN is a temporary notice that may be served as a precautionary measure while an investigation is undertaken to confirm or rule out the presence of a notifiable disease. A TDN expires after 30 days, at which point a second TDN may be issued if it is not possible to confirm or rule out the presence of a notifiable disease with 30 days. The second TDN extends the period under which movement controls are effective from 30 to 60 days from the date at which the first TDN was served. A TDN prohibits the movement of live fish, or eggs, into or out of a fish farm. The TDN also prevents the movement of foodstuff for fish out of a fish farm that is situated in the waters specified in the TDN, without the permission of the Scottish Ministers. A TDN will normally lapse if, following suspicion of a notifiable disease, test results prove negative. If there remains strong suspicion that a notifiable disease may be present, but this cannot be confirmed, a Designated Area Order (DAO) may be placed.
A DAO is made when the presence of a notifiable disease has been confirmed, and no action has been taken to remove the stocks or, when it is not possible to confirm or rule out the presence of a notifiable disease, within the period specified in a TDN. The prohibitions under a DAO are similar to a TDN, i.e. a DAO prohibits the movement of live fish and eggs on and off the site, and the movement of foodstuff off site. In addition, the removal of dead and dying fish, and the disposal of such fish by an approved method is required in accordance with the provisions of the Animal By-Products Order (1999, as amended) .
At present there are two parallel systems for the approval and control of pesticides in the United Kingdom. The first system operates under the Control of Pesticides Regulations (COPR; 1986, as amended in 1997). These regulations implement the objectives of the Food and Environment Protection Act (1985, as amended) . This system of control is at a national level and applies to agricultural and non-agricultural use of pesticides. The second system of legislation has been introduced to enable the development of a common market for pest control products across all EU member states in Europe. It will eventually replace the Control of Pesticides Regulations. Under this system the Plant Protection Products (Scotland) Regulations (2003, as amended) control mainly agricultural pesticides and the Biocidal Products Regulations (2001, as amended) control other pest control products. These are, broadly speaking, non-agricultural products including disinfectants. Different organisations are responsible for the registration of pest control products depending on their type and use. The Pesticides Safety Directorate (PSD) is responsible under the Control of Pesticides Regulations for products used in, inter alia, agriculture, in or near water, and food storage. Under the Plant Protection Product Regulations, the PSD is responsible for plant protection products. The Biocides and Pesticides Assessment Unit (BPAU) of the Health and Safety Executive (HSE) is responsible under the Control of Pesticides Regulations for non-agricultural products, including anti-fouling agents. The BPAU is responsible for the registration of these products under the Biocidal Products Regulations.
The Feeding Stuffs (Establishments and Intermediaries) Regulations (1999), which apply in the United Kingdom, lay down the conditions and arrangements for approving and registering a broad range of establishments and intermediaries operating in the animal feed sector, including the manufacturers of certain additives, premixtures and compound feeds which incorporate them, certain agricultural merchants, farmers who mix their own feed, and establishments incorporating materials with undesirable substances above specified levels. The approval and registration scheme extends to products from establishments in third countries exporting to the EU, to ensure that imported additives, premixtures and feeding stuffs meet the same quality control standards. The Regulations, which apply on a United Kingdom-wide basis, implement Council Directive 95/53/EC fixing the principles governing the organisation of official inspections and Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries.
The Medicated Feeding stuffs Regulations (1998) implement into United Kingdom law Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the Market and use of medicated feeding stuffs in the Community. The Regulations have been amended by the Medicated Feeding stuffs (Amendment) (England, Scotland and Wales) Regulations (2003). The responsibility for the regulation and use of animal feeding stuffs in Scotland rests with the Food Standards Agency Scotland (see below).
The Fish Health Regulations (1997, as amended), which apply to Great Britain and implement Council Directive 91/67/EEC (as amended), prohibit the placing on the market of aquaculture animals and products unless certain requirements relating to their health status are met. The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations (1998) implement a number of EU regulations including, inter alia, Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs (as amended by Council Directives 97/61/EC and 97/79/EC), and Council Directive 91/493/EEC laying down the health conditions for the production and placing on the market of fishery products (as amended by Council Directive 95/71/EC and 97/79/EC). The Regulations are made under the Food Safety Act and the European Communities Act (1972) (Part V). Part II of the Regulations contains the provisions relating to the production and placing on the market of live shellfish in Great Britain. The Ministers have the power to designate certain areas as designated production areas for live bivalve molluscs. Relaying areas (areas where bivalve molluscs may be relaid after harvesting to remove contamination) are designated by the food authorities. The Ministers may also designate certain areas as prohibited areas for live shellfish production of various kinds and the food authorities may make temporary prohibitions concerning layings. Collecting shellfish from areas subject to a relevant prohibition is an offence. The Ministers may vary and revoke their designations of production and prohibited areas and the food authorities may vary and revoke their designations of relaying areas. The Ministers have an obligation to keep an up-to-date list of designated production and relaying areas. Part II also contains special requirements relating to the harvesting, transporting and relaying of live shellfish, and to the operation of dispatch and purification centres, which need to be approved by the local food authority. There are also special rules for the variation and revocation of approvals of such centres. Part II also contains special rules for the wrapping, unwrapping, repackaging, storage and transportation of live shellfish within Great Britain, and detailed obligations relating to the placing on the market of live shellfish. There is, however, an exemption scheme from most of the requirements of this Part which relates to local sales of small quantities of live shellfish.
Part III of the Regulations deals with the production and placing on the market of fishery products. There is a registration scheme for fishing vessels on board which shrimps and molluscs are cooked and there are hygiene rules for all fishing vessels. Factory vessels and establishments on land which are involved in the production of fishery products both have to be approved by the local food authority and their proprietors have to comply with various specified requirements. Auction and wholesale markets also have to be registered, again by the food authority, and their proprietors also have to comply with certain specified requirements. Provision is also made for appeals against decisions to refuse to approve or register, or to grant approvals but only subject to conditions, and there are procedures (including appeals procedures) relating to the variation and revocation of approvals and the cancellation of market registrations. Part III also contains a special rule relating to the timing of gutting of fishery products, and rules relating to the packaging, storage and transportation of fishery products within Great Britain. There are also detailed obligations relating to the placing on the market of all types of fishery products, with special additional rules relating to the placing on the market of aquaculture products, processed shellfish and live fish and other aquatic animals. There is, however, a prohibition on selling or supplying in the course of a business certain poisonous fishery products. As with live shellfish, there is an exemption scheme from most of the requirements of this Part which relates essentially to local sales of small quantities of products.
Part IV of the Regulations deals with the import conditions for fishery products and live shellfish, but there is an exemption from this Part for certain private consignments. Part V deals with inspection charges for third country direct landings and Part VI contains more general provisions. These include provisions relating to the health control responsibilities of the Ministers and food authorities, enforcement responsibilities and certification of shellfish and fishery products as failing to comply with food safety requirements. The Regulations have been amended by the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Amendment Regulations (1999).
The Fish Labelling (Scotland) Regulations (2003), which extend to Scotland only, make provision to give effect to Council Regulation (EC) 104/2000 on the common organisation of the markets in fishery and aquaculture products and Commission Regulation (EC) 2065/2001 laying down detailed rules on the application of Council Regulation (EC) 104/2000 as regards informing consumers about fishery and aquaculture products. Council Regulation (EC) 104/2000 imposes, inter alia, requirements regarding the provision of information about the commercial designation, production method and catch area of certain fishery and aquaculture products offered for retail sale to the final consumer. It further requires Member States to draw up and publish a list of commercial designations for at least the species listed in Annex I to IV of the Regulation. Commission Regulation (EC) 2065/2001 describes in more detail the information to be provided to consumers and the exemptions which are allowed. It also provides for the necessary information to be provided at each stage of the marketing process.
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (1997), which also apply to aquaculture animals, implement a number of EU regulations, including Council Regulation (EEC) No. 2377/90 establishing community procedures for fixing maximum limits for veterinary drug residues in foodstuffs of animal origin. The Regulations prohibit the sale, possession or administration to animals of specified unauthorised substances, prohibit the possession, slaughter or processing the meat of, animals intended for human consumption which contain, or which have been administered with, specified unauthorised substances. The Regulations also prohibit the sale or supply for slaughter of animals if the appropriate withdrawal period has not expired and prohibit supply for slaughter or, subject to exceptions, the sale, of animals or the sale of animal products which contain unauthorised substances or an excess of authorised substances. The Regulations prohibit, subject to an exception, the disposal for human or animal consumption of slaughtered animals containing specified unauthorised substances and empower authorised officers to inspect and examine animals and to take samples and provide for the analysis of official samples. The Regulations also provide for offences and penalties and for enforcement by each enforcement authority and specify requirements relating to the keeping of records and provide for the suspension or revocation of manufacturers' licences. The regulations have been amended by the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (2001) and the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (2004).
Finally, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations (2000), which have been amended on several occasions and apply to Scotland only, specify maximum levels of pesticide residues which may be left in crops, food and feeding stuffs.
The United Kingdom aquaculture industry receives aid from the EU under the Financial Instrument for Fisheries Guidance (FIFG). FIFG operates under Council Regulation (EC) 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector. FIFG supports investments in the fisheries sector, including aquaculture private production projects. A financial participation from the private investor is generally requested, which can range between 40 percent and 60 percent of the total investment according to the area. FIFG also allows for the financing of measures which aim to create a favourable environment for the industry to develop itself. For instance, pilot projects aiming to establish and distribute technical and economic knowledge on new species or technologies may be eligible for aid. FIFG also finances measures to find and promote new markets for aquaculture products. This may include, inter alia, operations associated with quality certification, product labelling, product standardization and promotion campaigns.GMOs
The Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations (2001), which extend to Scotland only, supplement and implement the EU legislation. The Regulations provide for and regulate the payment of grants and Community aid by the Scottish Ministers towards expenditure in respect of relevant operations which the Scottish Ministers have approved in accordance with these Regulations and the EU legislation. The Regulations lay down a procedure for applications for the approval of relevant operations and expenditure to be made and approved for the purpose of the payment of Community aid and, if the Scottish Ministers so determine, grant in addition to that aid. In determining whether to pay grant in addition to Community aid and, if they determine to pay such grant, the amount thereof, the Scottish Ministers are required to have regard to the requirements of the EU legislation. Among other things EU legislation requires a certain level of financial participation by member states to enable relevant operations to qualify for Community aid. Provision is made in relation to the keeping of accounts and records by the Sea Fish Industry Authority (SFIA) where it has made or received payments in the exercise of any functions under the Regulations.
The financial programme under FIFG covers the period 2000 to 2006. It is currently expected that FIFG will be succeeded by the European Fisheries Fund (EFF) to provide aid to fisheries from 2007 to 2013. EFF will target four priority areas, aquaculture, processing and marketing being one of them. Shellfish farmers, temporarily unable to harvest their production due to unforeseen circumstances, will be eligible for EFF aid. The development and application of methods and practices that lessen the impact of aquaculture on the environment, the implementation of measures to promote hygiene and protect public health as well as initiatives to enhance marketing conditions of aquaculture products will be eligible for EFF aid. Priority will be given in these areas to projects that boost employment without encouraging over-investment. The focus will be on support for small enterprises. These objectives will also guide funding to the processing and marketing of fisheries and aquaculture products.
There are presently two main areas of potential application of GMO technologies in aquaculture. The first is the use of GMO vegetable products in fish feed and the use of GMOs in medicines and pharmaceuticals, and the second application is the use of GMO technologies (more specifically, transgenics) in breeding fish for commercial aquaculture use. Reportedly, the use of GMOs plays no part in Scottish commercial aquaculture production yet. However, the application of genetic techniques may be expected to play some role in the future. Meanwhile, Scottish research institutions supporting the industry continue to develop their knowledge. Any proposal to use transgenic fish would require the consent of the Scottish Ministers. If granted, approval would be based on the advice of the Advisory Committee on Releases to the Environment (ACRE) and would also take into account advice from other relevant agencies such as the FSA and Scottish Natural Heritage. ACRE is a statutory advisory committee appointed under the Environmental Protection Act to provide advice to the government regarding the release and marketing of genetically modified organisms.
The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations (2002) implement, in respect of Scotland, Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms. The Genetically Modified Organisms (Deliberate Release) (Scotland) Amendment Regulations (2004) amend the 2002 Regulations and give effect in Scotland to the consequential amendments made to Directive 2001/18/EC by Council Regulation (EC) No 1829/2003 on genetically modified food and feed. The Genetically Modified Food (Scotland) Regulations (2004), which extend to Scotland only, provide for the enforcement and execution of Chapter II of Regulation (EC) No. 1829/2003 relating to food. The Genetically Modified Animal Feed (Scotland) Regulations (2004) make provision for the enforcement of those provisions of the Community Regulation relating to animal feed.
The Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations (2004) make provision, as respects Scotland, for the execution and enforcement of Regulation (EC) No. 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms. The Council Regulation provides a framework for the traceability of products consisting of or containing genetically modified organisms and food and feed produced from genetically modified organisms. The Council Regulation has as its objective the facilitation of accurate labelling, the monitoring of the effects on the environment and, where appropriate, on health, and the implementation of the appropriate risk management measures including, if necessary, withdrawal of products.
Agriculture Act (1970) (Copy not available).
Animal By-Products Order (1999) (Copy not available).
Control of Pollution Act (1974) (Copy not available).
Crown Estate Act (1961) (Copy not available).
Diseases of Fish Acts (1937 and 1983) (Copy not available).
Registration of Fish Farming and Shellfish Farming Businesses Order (1985) (Copy not available).
Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (1997).
Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (2001).
Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (2004).
Control of Pesticides Regulations (1986).
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations (2000).
Food and Environment Protection Act (1985) (Copy not available).
Import of Live Fish (Scotland) Act (1978) (Copy not available).
Medicines Act (1968) (Copy not available).
Orkney County Council Act (1974) (Copy not available).
Zetland County Council Act (1974) (Copy not available).
COUNCIL DIRECTIVE 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community.
COUNCIL DIRECTIVE 79/409/EEC of 2 April 1979 on the conservation of wild birds.
COUNCIL DIRECTIVE 79/923/EEC of 30 October 1979 on the quality required of shellfish waters.
COUNCIL DIRECTIVE 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.
COUNCIL DIRECTIVE 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community.
COUNCIL DIRECTIVE 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products.
COUNCIL DIRECTIVE 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs.
COUNCIL DIRECTIVE 91/493/EEC of 22 July 1991 laying down the health conditions for the production and placing on the market of fishery products.
COUNCIL DIRECTIVE 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
COUNCIL DIRECTIVE 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases.
COUNCIL DIRECTIVE 93/54/EC of 24 June 1993 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products.
COUNCIL DIRECTIVE 95/22/EC of 22 June 1995 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products.
COUNCIL DIRECTIVE 95/53/EC of 25 October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition.
COUNCIL DIRECTIVE 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC.
COUNCIL DIRECTIVE 95/71/EC of 22 December 1995 amending the Annex to Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products.
COUNCIL DIRECTIVE 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control.
COUNCIL DIRECTIVE 97/11/EC of 3 March 1997 amending DIRECTIVE 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.
COUNCIL DIRECTIVE 97/61/EC of 20 October 1997 amending the Annex to Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs.
COUNCIL DIRECTIVE 97/79/EC of 18 December 1997 amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organisation of veterinary checks on products entering the Community from third countries.
COUNCIL DIRECTIVE 98/45/EC of 24 June 1998 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products.
DIRECTIVE 2001/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.
DIRECTIVE 2002/32/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 May 2002 on undesirable substances in animal feed.
DIRECTIVE 2000/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2000 establishing a framework for the Community action in the field of water policy.
COUNCIL REGULATION (EEC) 2377/90 of 26 June 1993 establishing community procedures for fixing maximum limits for veterinary drug residues in foodstuffs of animal origin.
COUNCIL REGULATION 2309/93/EEC of 22 July 1993 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products.
COUNCIL REGULATION (EC) 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector.
COUNCIL REGULATION (EC) 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products.
REGULATION (EC) 1829/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003 on genetically modified food and feed.
REGULATION (EC) 1830/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.
COMMISSION REGULATION (EC) 2065/2001 of 22 October 2001 laying down detailed rules for the application of Council Regulation (EC) 104/2000 as regards informing consumers about fishery and aquaculture products.
Henderson, A.R. & Davies, I.M. 2000. Review of aquaculture, its regulation and monitoring in Scotland. Journal of Applied Ichthyology, 16(4-5): 200-208.
Shetland Salmon Farmers' Association (SSFA)