Section G: Bills

New amendments to Bills lodged on 5 March 2013

Aquaculture and Fisheries (Scotland) Bill – Stage 2

Before section 1

Alex Fergusson

1 Before section 1, insert—

<Duty to publish information about fish farms and shellfish farms

After section 1 of the Aquaculture and Fisheries (Scotland) Act 2007 insert—

“1A Duty to publish information

A person who carries on a business of fish farming or shellfish farming must—

(a) within 1 month of compiling it, publish information relating to the number of parasites counted in the course of a weekly count of parasites at the facility, including—

(i) the date of the count, and

(ii) the number of parasites counted on the fish sampled per facility and the stages of the life-cycle of the parasites counted, those stages for Caligus elongates being mobiles and for lepeophtheirus salmonis being non-gravid mobiles and gravid females, and

(b) ensure that the published information remains accessible to the public for the period of 3 years beginning with the date of publication.”.>

Section 1

Alex Fergusson

2 In section 1, page 2, line 25, at end insert—

<( ) arrangements for the publication of the agreement or statement,>

Section 21

Alex Fergusson

3 In section 21, page 23, line 4, leave out from first <a> to <application> in line 6 and insert <such manner (being reasonably accessible to persons in the district or districts affected by the proposed application) as the applicant sees fit>

Alex Fergusson

4 In section 21, page 23, line 11, leave out from first <a> to <application> in line 12 and insert <such manner (being reasonably accessible to persons in the district or districts affected by the proposed application) as the applicant sees fit>

Alex Fergusson

5 In section 21, page 23, line 35, at end insert—

<( ) after paragraph 11(2) insert—

“(2A) The Scottish Ministers may waive the requirement under sub-paragraph (1) above where it appears to them that adequate notice of the proposals has already been given under paragraph 9B.”.>

Section 25

Alex Fergusson

6 In section 25, page 27, line 23, at end insert—

<(6AA)Before imposing requirements under subsection (6A), the Scottish Ministers must consult—

(a) each district salmon fishery board that would be affected by the proposed requirements,

(b) all other persons who, so far as the Scottish Ministers can reasonably ascertain, have an interest in or may be affected by the proposed requirements.

(6AB)A consultation under subsection (6AA) must include information on the potential costs of the proposed requirements, and invite representations on the ability of those on whom the requirements may be imposed to meet those costs.>

Alex Fergusson

7 In section 25, page 27, line 28, leave out <4> and insert <3>

Alex Fergusson

8 In section 25, page 27, line 38, at end insert—

<(3AA)Before imposing requirements under subsection (3A), the Scottish Ministers must consult—

(a) each district salmon fishery board and each proprietor of salmon fisheries that would be affected by the proposed requirements,

(b) all other persons who, so far as the Scottish Ministers can reasonably ascertain, have an interest in or may be affected by the proposed requirements.

(3AB)A consultation under subsection (3AA) must include information on the potential costs of the proposed requirements, and invite representations on the ability of those on whom the requirements may be imposed to meet those costs.>

Alex Fergusson

9 In section 25, page 28, line 5, leave out <4> and insert <3>

Alex Fergusson

10 In section 25, page 28, line 19, at end insert—

<( ) after subsection (6) insert—

“(6A) Before imposing requirements under subsection (6)(ba), the Scottish Ministers must consult—

(a) each district salmon fishery board and each proprietor of salmon fisheries that would be affected by the proposed requirements,

(b) all other persons who, so far as the Scottish Ministers can reasonably ascertain, have an interest in or may be affected by the proposed requirements.

(6B) A consultation under subsection (6A) must include information on the potential costs of the proposed requirements, and invite representations on the ability of those on whom the requirements may be imposed to meet those costs.”.>

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