Legislation covering fish and shellfish disease controls
A brief description of the legislation, for general guidance only, is given below. Copies of the full text may be obtained from Her Majesty's Stationery Office or through booksellers.
The Fish Health Regulations 1997 (SI 1997 No 1881)
These Regulations implement Council Directive 91/67/EEC (as amended) and Decisions made under it and control the movement into Great Britain from elsewhere in the EU of
- All live molluscan shellfish, their eggs and gametes
- All live fish their eggs and gametes; and
- Certain dead fish.
They also implement the EU rules on marketing and transport of fish and certain fish products and marketing, transport and identification of shellfish and shellfish products.
These Regulations require persons to obtain consent before molluscan shellfish, taken from a "Restricted Zone", may be deposited, re-laid or immersed elsewhere in Great Britain
Articles 12 and 13 of 91/67/EEC also make provision for Member States to forward programs for approval to the Commission to prevent the introduction or spread of certain diseases including IPN, BKD, SVC, gyrodactylosis and furunculosis as set out at List III of Annex A of 91/67/EEC. List III diseases are those which are present in the European Union, and which may cause financial losses where they occur, but which can be controlled.
The UK has received EU approval to operate additional guarantees for imports to guard against SVC (Commission Decision 93/44/EEC). This Decision was subsequently extended by Commission Decision 94/865/EEC to cover an additional 8 species susceptible to the disease in the light of scientific evidence which was gained during the outbreak of SVC which occurred in Great Britain in 1994.
The Diseases of Fish (Control) Regulations 1994 (SI 1994 No 1447)
These Regulations implement the disease control measures which are required on an EU-wide basis where suspicion and/or confirmation of the List I disease ISA, and the List II diseases IHN and VHS occurs.
List I diseases are exotic to the Community, and would have severe economic consequences (for farmed and wild fish stocks) were they to occur. List II diseases, which also have severe economic implications, are present in some parts of the European Union but are exotic to others, including Great Britain which is an approved zone for both VHS and IHN except for the island of Gigha which is no longer approved for VHS following an outbreak in 1994. Should a List I or a List II disease be confirmed in Great Britain, the measures in these Regulations would come into effect.
The Diseases of Fish Act 1937 (amended by the Diseases of Fish Act 1983)
Section 4 of this Act requires the notification of any suspicion of the presence of a notifiable disease to the relevant Minister.
Section 6 provides powers for those appointed as Inspectors under this Act to take samples of any fish, eggs of fish or fish feed for testing purposes. Where the presence of disease is suspected, a 30-day notice may be placed on the site, and movements of live fish, eggs of fish and fish feed either to or from the site may be controlled for the period of time covered by the notice.
Where the presence of disease is suspected or confirmed, a Designated Area Order (DAO) may be made under Section 2 of the Act, and placed on the site. All movements of live fish and eggs of fish, both to and from the designated site are then subject to the prior written consent of the Minister. Any person who knowingly moves fish either to or from a site that is subject to a DAO without this written authorisation shall be guilty of an offence. Section 2a of the Act allows Ministers to require the removal of dead and dying fish from the waters of a designated site.
The Registration of Fish Farming and Shellfish Farming Businesses Order 1985 (made under the Diseases of Fish Act 1983) requires anyone who carries on a business of fish farming to register the business with Fisheries Departments and to keep stocking and movement records. N.B. 30-day notices may only be placed on sites which constitute the waters of a fish farm or other premises used to keep fish with a view to their sale and transfer to other waters. Other inland waters, such as the waters of a fishery, will be subject to a Designated Area Order should the presence of a notifiable disease be suspected.
The Importation of Salmonid Viscera Order 1986 (SI 1986 No 2265)
This Order restricts imports of uneviscerated salmonid fish, and their viscera, from non-EU countries.
The Wildlife and Countryside Act 1981
Section 14 of this Act makes it an offence to release or allow to escape into the wild any animal which is not ordinarily resident in or a regular visitor to the UK, or which is established in the wild and listed in Schedule 9 of the Act, without a license. Non-native crayfish are subject to the provisions of the Act. This means that you must apply for a licence if you wish to release non-native crayfish into any open water. Licenses to release non-native fish or shellfish are issued by the Department for Environment, Food and Rural Affairs. English Nature and the Environment Agency are consulted on every application for a license.
Import of Live Fish (England and Wales) Act 1980
This act gives the Minister power to make an Order to restrict the import, keeping or release of live fish, or their eggs and gametes, of non-native species.
Salmon and Freshwater Fisheries Act 1975
Section 30 of this Act makes it an offence to introduce fish into an inland water without first obtaining the written consent of the Environment Agency.
The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998 (SI 1998 No 2409)
This Order makes it an offence to release or keep certain specified species of fish without a licence.
Prohibition of Keeping of Live Fish (Crayfish) Order 1996 (SI 1996 No 1104)
For a licence to keep non-native crayfish in England and Wales, although no licence is needed to keep signal crayfish in certain areas. Similar legislation applies in Scotland. General Licences have been issued in respect of England and Wales authorising restaurateurs, fish markets, hoteliers and the like to keep non-native crayfish for direct human consumption, and authorising the keeping of Red clawed crayfish (Cherax quadricarinatus) in indoor heated aquaria.
The Shellfish and Specified Fish (Third Country Imports) Order 1992 (SI 1992 No 3301)
This Order controls the import into Great Britain from non-EU countries of all live molluscan and crustacean shellfish and their eggs and gametes.
The Animals and Animal Products (Import and Export) (England) Regulations 2005 (SI 2005 No 2002) and The Products of Animal Origin (Import and Export) Regulations 1996 (SI 1996 No 3124)
These two sets of Regulations implement EC Directives regarding veterinary inspections of consignments.
The Lobsters (Control of Deposit) Order 1981 (SI 1981 No 994)
This order requires all deposits of lobsters (alive or dead) in coastal zones of Great Britain to be licensed.
The Lobsters (Control of Importation) Order 1981 (SI 1981 No 995)
This order makes it an offence to bring lobsters (alive or dead) into coastal zones of Great Britain if it would be illegal to deposit that lobster in the area concerned.
The Registration of Fish Farming and Shellfish Farming Businesses Order 1985 (SI 1985 No 1391)
This Order makes it a requirement for anyone carrying on a business of fish farming to register the business with the Ministry and to keep movement records and a record of mortalities.
