Agriculture & Farming

Meet your aquaculture and freshwater fishing duties

If you run a fish farm, shellfish farm, hatchery or recirculating aquaculture system, or fish freshwater commercially, you need authorisation from the Fish Health Inspectorate, the right marine or freshwater licences, and — for shellfish — classified production areas. This guide covers all the sector-specific licensing and consenting from aquaculture authorisation through to water abstraction for land-based farms.

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Aquaculture and freshwater fishing are heavily consented activities. You must be authorised before you start an aquaculture production business, licensed to place structures in the sea, and — for shellfish — operate only from classified production areas. If you fish freshwater commercially or catch eels, you need separate Environment Agency authorisations. Land-based fish farms that abstract water or discharge effluent need abstraction licences and environmental permits. The regime is very devolved — each section below names the body that applies in each nation. Work through the sections that apply to your operation.

A. Get authorisation as an aquaculture production business

You must obtain authorisation from the Fish Health Inspectorate (part of APHA) before establishing an aquaculture production business (APB) in England and Wales. The application process can take up to 90 days for statutory consultation. You must keep movement and mortality records and submit to health inspections. In Scotland, the Marine Directorate fish health inspectorate authorises aquaculture businesses. You must also notify APHA of any suspected notifiable diseases, comply with movement controls, and obtain health certification for live-animal imports.

B. Get a marine licence for aquaculture installations

Placing cages, longlines, trestles or moorings in the sea, and depositing materials, requires a marine licence. In England the MMO issues the licence; in Scotland the Marine Directorate licenses under the Marine (Scotland) Act 2010; in Wales, Natural Resources Wales licenses; and in Northern Ireland, DAERA licenses under the Marine Act (Northern Ireland) 2013. You will also need a seabed lease from The Crown Estate (or Crown Estate Scotland) and the relevant planning or consenting permissions.

C. Apply for a several or regulating order for shellfish cultivation

Exclusive cultivation of shellfish on a defined area of seabed (a several order) or management of a public fishery (a regulating order) is granted by order under the Sea Fisheries (Shellfish) Act 1967 in England and Wales, through the MMO. Inshore Fisheries and Conservation Authority (IFCA) byelaws may also apply. Scotland grants equivalent orders under its own aquaculture and fisheries legislation.

D. Operate from classified shellfish production areas

Live bivalve molluscs — mussels, oysters, clams, cockles, scallops — may only be harvested from a production area classified (A, B or C) by the food authority on the basis of monitoring. You need a registered gatherer's document and must apply the class-appropriate treatment — for example purification for class B. The food business must also be registered. In England and Wales the Food Standards Agency (FSA) classifies and monitors production areas; in Scotland, Food Standards Scotland does this.

E. Get a freshwater fishing licence

Commercial taking of salmon, trout, eels and freshwater fish by net, trap or other instrument requires an Environment Agency licence in England, and a Natural Resources Wales licence in Wales, in addition to any rod licence. Close seasons and method controls apply. Scotland manages salmon and freshwater fisheries through district salmon fishery boards under the Aquaculture and Fisheries (Scotland) Act 2007 — a separate regime.

F. Get authorisation for eel and elver fishing

Fishing for eels or elvers requires a specific Environment Agency authorisation in England and a Natural Resources Wales authorisation in Wales, the use of approved gear, and compliance with escapement and reporting obligations under the eel stock-recovery regime. The controls support recovery of the critically depleted European eel stock.

G. Get a water abstraction licence and environmental permit

Land-based fish farms, hatcheries and recirculating aquaculture systems that abstract water from surface or groundwater sources need an abstraction licence under the Water Resources Act 1991 if they take more than 20 cubic metres per day. Discharging effluent — waste water from tanks, raceways or ponds — needs an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016. The Environment Agency regulates in England, Natural Resources Wales in Wales, and SEPA in Scotland.

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    1. Get your aquaculture production business authorised

    Apply to the Fish Health Inspectorate (APHA) in England and Wales, or the Marine Directorate in Scotland, before you start. Allow up to 90 days for statutory consultation.

  2. 2

    2. Apply for a marine licence if you farm in the sea

    Apply to the MMO (England), Marine Directorate (Scotland), NRW (Wales) or DAERA (Northern Ireland) for a marine licence, and arrange a Crown Estate seabed lease.

  3. 3

    3. Apply for a several or regulating order if you cultivate shellfish

    Apply to the MMO (England and Wales) for a several or regulating order for exclusive shellfish-bed cultivation.

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    4. Confirm your shellfish production area is classified

    Check your production area classification (A, B or C) with the FSA or Food Standards Scotland and register as a food business.

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    5. Get a freshwater fishing licence or eel authorisation if you fish inland

    Apply to the Environment Agency (England) or Natural Resources Wales for a net or instrument licence, and for a specific eel or elver authorisation if you catch eels.

  6. 6

    6. Get an abstraction licence and environmental permit for land-based farms

    Apply to the EA, NRW or SEPA for a water abstraction licence and an environmental permit for discharge if your farm takes or releases water.

Official sources

Authoritative guidance on aquaculture and freshwater fishing regulation.