Scotland regulates fish and shellfish businesses through three separate regimes, run by the Scottish Government's Marine Directorate. Which ones apply to you depends on whether you farm fish or shellfish, or you buy and sell wild-caught fish that has been landed from a fishing boat.
- You run a fish or shellfish farm: you need authorisation as an aquaculture production business before you start, and you must then follow the health and disease controls on the farm.
- You buy fish from fishing boats, or sell it at an auction: you need to be registered as a buyer or seller of first-sale fish, and any auction site must be registered.
- You do both: farmed fish is excluded from the first-sale rules, so a farm selling its own stock is not caught by the registration regime. A business that also buys wild fish direct from boats is.
This guide covers Scotland only. Wales, Northern Ireland and England have their own aquatic animal health and fish marketing rules.
Authorisation as an aquaculture production business
Health, disease and escape controls on the farm
Registration as a buyer or seller of first-sale fish
The three regimes side by side
Scottish fish farming and first-sale fish rules
How the authorisation, health controls and first-sale registration regimes compare.
| Point of comparison | Aquaculture production business authorisation | Health and disease controls | First-sale fish registration |
|---|---|---|---|
| Law | Aquatic Animal Health (Scotland) Regulations 2009, Part 2 | Aquatic Animal Health (Scotland) Regulations 2009, Parts 3, 4 and 4A, and the Aquaculture and Fisheries (Scotland) Act 2007 | Sea Fishing (EU Control Measures) (Scotland) Order 2015, Part 2 |
| Who it applies to | Operators of fish and shellfish farms and of processing establishments | Farm operators, anyone attending or transporting the animals, and their vets | Anyone buying first-sale fish from a boat or selling it at auction |
| What you must do | Get authorised before you start, and keep to the authorisation conditions | Notify disease and increased mortality at once, move only healthy certified stock, keep records, report escapes | Be registered, keep purchase or sale records, send sales notes, handle only fish landed by licensed boats |
| How you apply | Forms FHI 053A and FHI 054A, with a biosecurity measures plan, to the Fish Health Inspectorate | No application. The duties apply once you are authorised | Application in the form the Scottish Ministers specify, to the Marine Directorate |
| Key deadlines | Decision within 90 days of receipt. Annual return by 31 December for the year ending 30 November | Immediate notification of suspected disease. Escape final notification within 28 days of the initial one | Sales notes within 48 hours. Records kept 3 years |
| Record keeping | Records within 24 hours, kept at least 4 years | Records within 24 hours, kept at least 4 years. Transport records for each journey | Each purchase or sale recorded, kept 3 years |
| Fee | Not listed on the Scottish Government forms page | Not applicable | Free |
| Penalty on conviction | On summary conviction, a fine up to the statutory maximum. On indictment, a fine | On summary conviction, a fine up to the statutory maximum. On indictment, a fine. Enforcement notice offences under the 2007 Act carry a fine up to level 4 | On summary conviction, a fine up to the statutory maximum. On indictment, a fine. Registration can be revoked |
Steps to get compliant
- Work out which regimes apply. A farm needs authorisation and must follow the health controls. A buyer or seller of wild-caught first-sale fish needs registration. A business doing both needs each.
- Write your biosecurity measures plan for each farm site before you apply. Authorisation depends on showing that your operation will not spread disease.
- Apply for authorisation before you start farming, and plan for a wait of up to 90 days for the decision.
- Set up your records on day one. Enter each movement and observation within 24 hours. Keep them for at least 4 years and diarise 31 December for the annual return.
- Agree who reports what. Everyone on site, and your vet, has a duty to notify a suspected listed disease or unexplained mortality immediately. An escape must be notified immediately and followed up within 28 days.
- Register before you buy or sell first-sale fish. Keep your purchase or sale records for 3 years and send sales notes within 48 hours.
- Keep your details current. Apply to amend an authorisation on form FHI 052A, and tell the authority of any change to a registration.
Legal basis
Primary legislation and key regulations
Official guidance
Scottish Government — Aquaculture production business (APB) forms and guidance (opens in a new tab)
Scottish Government — Fish Health Inspectorate authorisation and registration (opens in a new tab)
Scottish Government — Registration of buyers and sellers (opens in a new tab)
legislation.gov.uk — Aquatic Animal Health (Scotland) Regulations 2009 (opens in a new tab)
legislation.gov.uk — Sea Fishing (EU Control Measures) (Scotland) Order 2015 (opens in a new tab)