Controls and enforcement

The Fish Health Inspectorate (FHI) are empowered by Defra and NAWAD to investigate and enforce the EU and National Fish Health Legislation for this area in order to prevent the introduction and to control the spread of serious fish disease.

Movement controls

We have statutory powers to control any movements of live fish and shellfish where notifiable disease is suspected or confirmed. The controls, termed 'movement restrictions', can be applied in a variety of different situations.

We can place a 30 Day Notice as a temporary measure to restrict the movement of fish and other material to or from a farm which is suspected or confirmed to be infected with a notifiable disease. The notice is not made public and February 8, 2006 the farm to which it applies.
A Designated Area Order (DAO) is made by the relevant Minister usually based on a recommendation by us. The DAO imposes controls on movements of fish or other materials to or from a named location. A DAO may be applied to a fish farm, fishery lakes, whole river systems, or other defined areas, according to the perceived disease risk. A DAO is usually placed on confirmation of a certain notifiable disease, but exceptionally may be placed in cases of suspicion alone. Such orders are made public.
We can issue Regulation 13 notices under section 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 These notices are applied to breaches of movement regulations relating to trade in live fish from other Member States. In some cases the consignment of live fish must be slaughtered, detained or returned to the Member State of origin within the EU.
We can issue Regulation 21 notices under Section 21 of the Animals and Animal Product (Import and Export) (England and Wales) Regulations 2000These are applied to movements of live fish entering the EU at the Border Inspection Posts operated by staff of the State Veterinary Service of Defra, who carry out documentary and identity checks, on behalf of Defra and the FHI. The notices can dictate that a consignment is slaughtered or detained in isolation or quarantine.

Other statutory notices

A Regulation 13 Notice issued under Section 13 of the Fish Health Regulations 1997. This can be issued following the confirmation of certain notifiable diseases on a site which can require the slaughter or destruction of all infected or contaminated fish and the disinfection of the site.

This is a process designed to remove an infectious disease from a specific location. In cases where notifiable or serious disease has been identified on a site one of the options may be to eradicate the disease by designing a clearance programme to remove both infected animals and the infectious agent. We will advise on and supervise this process.

A second option is to apply controls to all live animal movements associated with the operation of the site and combine this with a retest schedule until such time as the disease cannot be detected. This option is only advised in cases where the site characteristics make immediate site disinfection impracticable.

In some cases restocking of the site may be followed by a prescribed period of health monitoring of the newly introduced stock to ensure freedom from disease.

A clean bill of health will be granted to the site when the FHI are satisfied that there is no longer evidence for the detectable presence of the viable disease agent identified at the outset.

Any action to disinfect a site is at the owner's expense. The Cefas Weymouth laboratory (for England and Wales) and the Fisheries Research Services, Marine Laboratory (for Scotland) will advise and assist in any way they can.

Enforcement

Warrants issued under the different Acts and Orders related to fish and shellfish disease, empower the FHI on behalf of Defra to:

Take samples from stocks of fish suspected of being infected with a notifiable disease;
Collect information relating to the movements of fish in association with disease outbreaks;
Investigate breaches of statutory movement restrictions;
Inspect, monitor and investigate import irregularities;
Investigate breaches of the rules governing the keeping of non-indigenous fish;
Investigate allegations of bad welfare practice;
Monitor and investigate problems associated with the presence of veterinary medicine residues in fish destined for food.

Sampling stocks of fish suspected of being infected with a notifiable disease

Where fish or shellfish are suspected of being infected with a notifiable disease, the FHI have a statutory responsibility to investigate, obtain samples from the fish or shellfish which are suspected and to subject these samples to laboratory tests. Where these prove positive they provide the evidence required in law for statutory action to be taken to control further spread.

Collecting information relating to the movements of fish in association with disease outbreaks

An integral part of the investigation into the occurrence of a notifiable disease on any site is to establish the source of infection and to determine the degree of spread from a positive site to other locations. The information in the movement and mortality records held by registered fish farm sites and the records relating to the sale or transfer of fish of any business form an essential part of the process of understanding and controlling disease spread.

Investigating breaches of statutory movement restrictions

Statutory restrictions (30 day notices or designated area orders (DAO)) placed on any site mean that all live fish and shellfish movements entering or leaving a site have to be officially permitted by Defra. The primary purpose is to prevent the spread of infected fish or shellfish which means that in most cases, movements are only rarely allowed. Breaches of these statutory movement controls, which put at risk the whole control programme, constitute offences and are thoroughly investigated. Those found guilty of offences are liable to a fine.

Inspect, monitor and investigate

The FHI has the responsibility to monitor imports of live fish and shellfish entering England and Wales from the EU and/or elsewhere. The aim is to ensure compliance with controls governing imports which are designed to protect the health status of British fish and shellfish stocks. Powers are exercised by routine monitoring and inspection of traffic into and through England and Wales, normally at points of destination of consignments but at any point in transit where irregularities are suspected. Breaches of the controls are investigated and those found guilty of offences risk prosecution

Investigate breaches of the rules governing the keeping of non-indigenous fish

By law the introduction and keeping of non- indigenous fish into any water may only be sanctioned by the issue of an appropriate licence from Defra. This licence may also have a number of conditions attached which have to be met to maintain its validity . In cases where non-indigenous fish are being kept without an appropriate licence and or where there is suspicion of a failure to comply with conditions attached to a licence, the FHI has the power to investigate appropriately, to inspect the records which are being kept and to gather other relevant information and refer cases for possible prosecution.

Investigate breaches of bad welfare practice

Where an allegation of bad welfare is made relating to farms or dealer / wholesaler premises holding live fish or shellfish, the FHI may be involved in visiting a site to gather evidence. This is extended to include the welfare of fish and shellfish whilst they are in transport. In these circumstances the FHI will cooperate with other departments or agencies of Defra e.g. the Animal Welfare Division or Local Authorities, who have the ultimate responsibility for monitoring animal welfare in the farming industry and in the retail sector respectively.

Monitor and investigate problems associated with the presence of veterinary medicine residues in fish destined for food

The FHI participates in the statutory programme run by the Veterinary Medicines Directorate to monitor for the presence of veterinary residues in farmed fish production by sampling fish destined for the food market. During visits to farms the FHI also carries out checks on the veterinary records which have by law to be kept by farmers. Infringements of the rules governing the use of medicines, in particular where a residue is detected, are investigated by the FHI on behalf of the regulatory authorities (Veterinary Medicines Directorate). In cases of suspect breaches of the rules the FHI will gather evidence which may be used to prosecute offenders.

Illegal imports

As part of the its role in preventing the spread of serious fish diseases in England and Wales the Fish Health Inspectorate is responsible for the prevention of illegal imports of live freshwater fish into Great Britain.

Fish from non-approved zones and sites in the Community, and unlicensed fish from non-EU sources represent a significant risk of disease to indigenous fish. Smuggled fish have previously been found to be suffering from Spring Viraemia of Carp (SVC). It is a Defra priority to prevent this trade which is damaging, not only in fish health terms but also in its potential environmental and ecological impact.

Who would import live fish illegally?

Offences of smuggling tend to be committed by, or on behalf of UK fishery owners to satisfy the desire of anglers to catch larger, or different species of fish than may otherwise be available. The species of fish which are likely to be smuggled are carp, eels catfish and sturgeon. These are often purchased cheaply on the continent by dealers, or simply stolen by anglers and brought to the UK where they command high prices from fishery owners and angling clubs, who in turn charge inflated sums to syndicate members and others to fish for them.

It is known that anglers are sometimes paid to fish foreign waters and place any large fish which they have caught into sacks to await collection by the smuggler. Fish are brought in by a variety of ways through UK ports such as Dover, using purpose-built vehicles fitted with tanks and oxygenation equipment, or simply in bags in the back of vans or in the boots of cars.

Where do the fish come from?

The main source countries at present are France, Belgium, Holland and Germany. Increasingly, however, offenders are targeting eastern European countries such as Poland, Hungary and Romania.

What you can do to help stop the trade?

The Cefas Investigation and Enforcement strategy is based on an intelligence-led, inter-agency approach to the problem. Every effort is made by Cefas to publicise the risks posed by illegal imports, and to encourage members of the public and all interested parties to help stop this trade by providing information.

This can be done by contacting
Investigation Inspector (Mr. Stephen Maidment)
Tel: +44 (0)1305 206681 (24 hour answer phone)
Email: The Investigation Inspector (Mr. Stephen Maidment) or the Fish Health Inspectorate.

All information will be treated in strict confidence