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Regulation on fish diseases

Original Language Title: Fischseuchenverordnung

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Regulation on fish diseases

Unofficial table of contents

FischSeuchV 2008

Date of completion: 24.11.2008

Full quote:

" Fish Disease Regulation of 24 November 2008 (BGBl. 2315), as last amended by Article 1 of the Regulation of 24 September 2014 (BGBl). I p. 1558).

Status: Last amended by Art. 1 V v. 24.9.2014 I 1558

For more details, please refer to the menu under Notes
*)
This Regulation provides for the implementation of Council Directive 2006 /88/EC of 24 June 2007 on the implementation of the Directive October 2006, laying down health and hygiene rules for aquaculture animals and products, and on the prevention and control of certain diseases of aquatic animals (OJ L 327, 28.12.2006, p. EU No OJ L 328, p. 14, 2007 59).

Footnote

(+ + + Text proof: 29.11.2008 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 88/2006 (CELEX Nr: 32006L0088)
Implementation of the
EURL 31/2012 (CELEX Nr: 32012L0031) cf. V v. 14.12.2012 I 2697
Implementation of the
EURL 22/2014 (CELEX Nr: 32014L0022) cf. V v. 24.9.2014 I 1558 + + +)

The V was adopted as Article 1 of the V v. 24.11.2008 I 2315 by the Federal Ministry of Food, Agriculture and Consumer Protection with the consent of the Federal Council. She's gem. Article 3, first sentence, of this V entered into force on 29 November 2008. Unofficial table of contents

Content Summary

Section 1

General

§ 1 Scope
§ 2 Definitions


Section 2

Approval and registration

§ 3 Permit requirement
§ 4 Approval
§ 5 Permit application
§ 6 Registration


Section 3

Obligations of the operator
and other responsibilities

§ 7 Investigations, obligation to provide information
§ 8 Accounting


Section 4

monitoring,
Protection area, Prohibition of vaccination

§ 9 Monitoring
§ 10 Protection area
§ 11 Ban on vaccination


Section 5

Special provisions
Marketing authorisation
and the transport of fish

§ 12 Marketing
§ 13 Animal health certificate
§ 14 Placing on the market for the further posture or the stock
§ 15 Marketing for further processing
§ 16 Placing on the market of wild fish
§ 17 Placing on the market of fish for ornamentals
§ 18 Transport


Section 6

Special safeguard measures

§ 19 Protection measures before the official detection of an exotic disease
§ 20 Protective measures after official detection of an exotic disease
Section 21 Restricted area, surveillance area after official detection of an exotic disease
Section 22 Protection measures after official detection of the outbreak or suspicion of an outbreak of a non-exotic disease in an aquaculture operation
Section 23 Protection measures in the event of suspected contagion for a non-exotic disease
§ 24 Protective measures after official determination of the suspicion of an outbreak of non-exotic disease in a protected area
Section 25 Protective measures after official identification of the outbreak of a non-exotic disease in a protected area
Section 26 Protective measures in the event of suspected contagion for a non-exotic plague originating from a protected area
§ 27 Restricted area, surveillance area after official detection of a non-exotic disease
§ 28 Repeal of the protection measures


Section 7

Irregularities,
Transitional provisions

§ 29 Irregularities
§ 30 Transitional provisions

Section 1
General

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§ 1 Scope

(1) This Regulation shall be used to control diseases which occur in the case of fish. (2) This Regulation shall not apply to:
1.
Fish which are not kept commercially for ornamental purposes in aquariums,
2.
wild fish caught or harvested for direct use as food.
(3) Articles 3 to 10 and 13 shall apply to fish which are not commercially available in garden ponds for commercial purposes in zoos shops, retailers or wholesalers or commercially operated aquariums, and for ornamentals. no application, until 16
1.
there is no direct connection of the water of these postures to natural waters, or
2.
there is a separate waste water treatment plant which avoids the risk of the transmission of infectious diseases to natural waters in accordance with the state of the art.
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§ 2 Definitions

(1) For the purposes of this Regulation:
1.
Fish from aquaculture: fish in all stages of life, including eggs and seeds, which are reared, kept or kept in an aquaculture business,
2.
Aquaculture establishment: any establishment engaged in an activity related to breeding, keeping or farming of fish,
3.
Fishing pond: pond or other plant in which the stock is obtained exclusively for fishing by fish with fish from aquaculture.
(2) For the purposes of this Regulation:
1.
the outbreak of one of the diseases referred to in Annex 1, column 1, where the disease has been identified by one of the tests referred to in Annex 1, column 2, in one of the susceptible species listed in Annex 1, column 3;
2.
Suspicion of eruption when fish from aquaculture are the result of the
a)
clinical and pathological-anatomical examination,
b)
clinical and epidemiological examination, or
c)
pathological-anatomical and epidemiological examination
the outbreak of one of the diseases referred to in Annex 1, column 1, may be feared.
For the purpose of the investigation into the diseases referred to in Annex 1, column 1, the procedures laid down in Article 57 (b) of Council Directive 2006 /88/EC of 24 June 2006 shall apply to the disease. October 2006, laying down health and hygiene rules for aquaculture animals and products, and on the prevention and control of certain diseases of aquatic animals (OJ L 327, 28.12.2006, p. EU No OJ L 328, p. 14, 2007 59) and which the Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry) has announced in the Federal Gazette (Bundesanzeiger).

Section 2
Approval and registration

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§ 3 Approval requirement

Who in a
1.
aquaculture operations,
2.
processing operation in which fish from aquaculture are killed, or
3.
Dispatch or purification centre located in soft-animal sang
Fish holds, spends or releases, or spends, releases, or uses dead fish or parts thereof, requires the authorisation of the competent authority. The first sentence shall not apply to the extent to which the activity in an aquaculture establishment requires the registration in accordance with § 6. Unofficial table of contents

§ 4 Approval

(1) The competent authority shall grant the authorisation, upon request, to the extent that:
1.
ensuring that
a)
can not be transmitted by appropriate measures, and
b)
the other obligations pursuant to § § 7 and 8 are fulfilled;
2.
in the case of a holding within the meaning of Article 3 (2) or (3), it has its own waste water treatment plant, which ensures the destruction of the disease, or that the waste water is subjected to a different treatment which ensures that: no sigh of disease is transmitted.
(2) The authorisation shall be granted under the allocation of a twelve-digit number from the official key number of the municipal disaggregation list issued by the Federal Statistical Office, as well as the official key number provided for the seat of the holding. the four-digit number for the holding. The competent authority shall record the approved establishments in a register, indicating this number. (3) The authorisation may be subject to conditions, including retrospecting, in so far as this is necessary in order to prevent or continue to exist. To ensure the approval requirements. In particular, certain procedures or safety precautions, or a certain nature or equipment of the holding, may be arranged by means of conditions. (4) The conditions for the approval of the operation are retrospected. , the competent authority may, in place of a revocation, order the revocation of the authorisation if it is to be expected that the conditions for approval shall be met again as soon as possible. This arrangement shall be repealed if the operator proves that the conditions for approval are re-submitted. Moreover, the provisions of the administrative procedural laws of the countries on the withdrawal and revocation remain unaffected. Unofficial table of contents

§ 5 Approval request

The application for authorisation shall be accompanied by the information and shall be accompanied by the documents showing that the conditions for approval have been met. In particular, the name and address of the operator, the location and size of the installation, the number of pond, the water supply, the amount of water used, the animal species kept and their use, together with the measures to be taken to ensure that the disease has been carried out, shall be indicated. is prevented. In the case of a holding within the meaning of § 3 (2) or (3), information on the treatment of the waste water must also be provided. Unofficial table of contents

§ 6 Registration

(1) Who in
1.
other installations other than aquaculture establishments in which fish are kept which are not to be placed on the market,
2.
Fishing ponds or
3.
Aquaculture establishments which, directly in small quantities, fish from aquaculture exclusively for human consumption to the final consumer or to local retail undertakings which make the products directly to the final consumer, in the transport sector and bring
(2) The registration for registration in accordance with paragraph 1 shall be made before the competent authority has commend the activity. The indication shall indicate the particulars and shall be accompanied by the documents indicating the name and address of the operator, the location and size of the installation, the number of pond, the water supply, the quantity of water and the fish kept and their use. (3) The competent authority shall record the displayed holdings in a register, with the issue of a registration number. For the composition of the registration number, Section 4 (2) sentence 1 shall apply accordingly.

Section 3
Obligations of the operator and other controller

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§ 7 Investigations, obligation to provide information

The fish referred to in Appendix 1, column 3, of aquaculture which are susceptible to the diseases referred to in Annex 1, column 1, shall have the fish referred to in Annex III, Part B, of the species referred to in Annex III, column 3. Directive 2006 /88/EC should be investigated in a suitable manner. Where a laboratory examination is necessary for this purpose, it shall be carried out by a investigative body designated by the competent authority. (2) The competent authority may order the investigation referred to in paragraph 1 if a holding has: (3) In the case of fish from aquaculture, an increased mortality rate which is not clear shall be established in the case of fish from aquaculture. can be traced back to posture conditions or transport conditions, without any outbreak or suspicion within the meaning of section 2 (2) (1) or (2), the operator of the aquaculture establishment shall immediately inform the competent authority thereof. This obligation shall also be the responsibility of those responsible for the fish which are not operators of aquaculture operations. (4) Paragraphs 1 to 3 shall be without prejudice to the power of countries, subject to compliance with the provisions of Directive 2006 /88/EC shall adopt rules of its own which shall govern the further investigations referred to in paragraph 1, including the expertise of those persons carrying out the investigations. Unofficial table of contents

§ 8 Accounting

(1) The Operator
1.
of an aquaculture company has
a)
all entries, indicating the dates of the delivery, the type of fish, the average weight of each species, the number of units or the total weight, the holding of origin and the transporter, and
b)
all operations, indicating the dates of dispatch, the type of fish, the average weight of the species in question, the number of quantities or the total weight and the recipient of fish from aquaculture,
c)
the results of the investigations in accordance with § 7 and
d)
the increased mortality, broken down by each of the individual parts of the aquaculture business and in the direction of production,
2.
a processing operation has the effect of placing fish from aquaculture and its products in and out of operation;
3.
of a transport operation has
a)
the name and address of the previous owner, the place and date of the acquisition, the name and address of the acquirer, the place and date of delivery, the type, average weight of the species concerned, the number of units or the total weight of the species,
b)
any change of water during the transport, with information on the origin of the new and the place of waste of the water used,
c)
mortality during transport, broken down by means of transport and the types of animals transported,
(2) The book referred to in paragraph 1 shall also be subject to the use of log-sheet recording systems or other permanently verifiable and verifiable systematic records. After the end of a calendar year, the records of the calendar year concerned shall be kept for at least three years. The records shall be submitted to the competent authority upon request for inspection. Without the authorisation of the competent authority, they may not be removed from the holding. (3) The competent authority may order the management of a book referred to in paragraph 1 for other establishments listed there, provided that the risk of infection with is or is based on communicable diseases in these establishments.

Section 4
Surveillance, protected area, vaccination ban

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§ 9 Monitoring

(1) The competent authority shall, in compliance with Article 3 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls to verify compliance with food and feed law and animal health and animal welfare provisions (OJ L 327, 30.4.2004 EU No 1) in establishments in which an activity requiring authorisation is exercised in accordance with Article 3, investigations in accordance with the frequency referred to in column 4 of Annex III, Part B, column 5 of Directive 2006 /88/EC, to the type of monitoring referred to in column 4 through. In accordance with Annex III, Part B, column 3 of Directive 2006 /88/EC, the risk arising from the holding shall be taken into account in relation to the introduction and transmission of disease reps. (2) The competent authority may, in so far as it may in order to combat the disease, a veterinary inspection, including the withdrawal of sample material, shall be arranged for fish from aquaculture of certain holdings. Unofficial table of contents

§ 10 Protection Area

The competent authority may, under the conditions set out in Article 50 of Directive 2006 /88/EC, declare an area designated as a protected area to the extent that it is free from one or more of the diseases listed in Annex 1 (1) (2). It shall inform the Federal Ministry of the protection of the protected areas. The communication sets out the information set out in Annex II to Directive 2006 /88/EC, in accordance with the requirements of Commission Decision 2008 /392/EC of 30 April 2008 implementing Council Directive 2006 /88/EC as regards the Establishment of a website for information on aquaculture holdings and authorised processing plants (OJ C 327, 28.4.2002, p. EU No 12). (2) The Federal Ministry of Justice is aware of the protected areas in the Federal Gazette. Unofficial table of contents

§ 11 Prohibition of vaccination

(1) vaccinations against the diseases listed in Annex 1, column 1, point 1 (exotic diseases) shall be prohibited. This does not apply in so far as the European Commission approves vaccination in accordance with Article 42 or Article 47 of Directive 2006 /88/EC and the Federal Ministry has made this known in the Federal Gazette. (2) Vaccinations against the vaccinations against those in Annex 1, column 1, No. 2 shall be prohibited in a protected area free from this exotic disease and in establishments subject to a monitoring programme referred to in Article 44 of Directive 2006 /88/EC. (3) Notwithstanding paragraph 1 sentence 1 and paragraph 2 may be used by the competent authority to vaccinate scientific studies for the purpose of developing and testing vaccines.

Section 5
Specific rules for the placing on the market and transport of fish

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§ 12 Marketing

(1) Fish from aquaculture or their products may be placed on the market only subject to § § 13 to 16 unless they endanger the fish at the place of destination with regard to the diseases listed in Appendix 1, column 1. (2) The competent authority may authorise the placing on the market of fish from aquaculture or its products which do not comply with the requirements of paragraph 1 for scientific purposes. Unofficial table of contents

Section 13 Animal health certificate

(1) Fish from aquaculture may be used for the purpose of breeding, keeping and chilling, for the purpose of adding or for further processing for human consumption in
1.
a protected area, or
2.
an area covered by a monitoring or eradication programme, approved by the European Commission, in accordance with Article 44 of Directive 2006 /88/EC, which the Federal Ministry of Justice has announced in the Federal Gazette,
only if they are accompanied by an animal health certificate in accordance with the model of Appendix 2. (2) Paragraph 1 shall not apply to:
1.
Fish that have been killed and not been killed before shipment, or
2.
Molluscs and crustaceans which, for the purposes of further processing, are not processed for human consumption or processed as a processed product.
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§ 14 Placing on the market for the further posture or the semen

(1) Fish from aquaculture may be placed on the market only for the purposes of further posture or for the purpose of further keeping, provided that:
1.
are clinically healthy,
2.
do not come from an aquaculture establishment or a mollusc area where there is an unexplained increased mortality, and
3.
do not come from the necks of an approved processing plant.
(2) Fish from aquaculture may only be suspended in free waters or in angling ponds for the purpose of addition, provided that the fish satisfy the conditions set out in paragraph 1. (3) Fish from aquaculture may be used for the purposes of further posture or of the The competent authority may order fish from aquaculture to be transported to free waters or fishing ponds only if they are protected from a protected area. , which is free from the diseases listed in Annex 1, column 1, point 2. Unofficial table of contents

§ 15 Marketing for further processing

The aquaculture fish referred to in Annex 1, column 3, which are susceptible to one of the diseases listed in Annex 1, column 1, point 2, and their products may be used for further processing in protected areas free from these diseases. shall be placed on the market only to the extent that:
1.
come from protected areas that are free from these diseases,
2.
they are kept and processed in an approved processing plant under conditions which prevent the transmission of disease repudiation;
3.
Fish are killed and excluded prior to shipment or
4.
Molluscs or crustaceans shall be unprocessed or dispatched as processed products.
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Section 16 Marketing of wild fish

The susceptible species of wild fish referred to in Appendix 1, column 3, which do not come from a protected area free from a disease listed in Annex 1, column 1, point 2, may be placed in aquaculture holdings, or Pest areas in protected areas which are free from this disease are placed on the market only if they are placed on the market at a suitable station, under the supervision of the competent authority, for a sufficiently long period of time before placing the disease on the market. have been quarantined. Unofficial table of contents

Section 17 The placing on the market of fish for ornamentals

Fish for ornamental purposes may only be placed on the market if they do not endanger other fish in the event of disease. Unofficial table of contents

§ 18 Transport

(1) Fish from aquaculture may only be transported in vehicles or containers which:
1.
are waterproof and sealed during transport so that water can no longer run out as inevitable, and
2.
are easy to clean and disinfect.
(2) Those who change the water during transportation have to ensure that the water change
1.
the fish transported from aquaculture,
2.
the fish at the place of water change and
3.
the fish at the place of destination
in the case of epidemets. It must not introduce any liquids directly into the aquatic environment. (3) Those who transport fish from aquaculture shall ensure that vehicles or containers in which fish have been transported from aquaculture, as well as equipment which are to be transported to the Fishing, loading, unloading or transhipment has been used, with the exception of large fishing gear of river and sea fishing, being cleaned and disinfected before use. Liquids must not be introduced directly into water bodies.

Section 6
Special safeguard measures

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Section 19 Protection measures before official identification of an exotic plague

(1) In the event of an outbreak or suspected outbreak of an exotic disease in an aquaculture business, the following shall apply before the official determination:
1.
The competent authority shall collect all fish from aquaculture, as well as the estimated number of infected and suspected fish from aquaculture.
2.
The operator shall inform the competent authority on a daily basis of the latest status of the estimated number of infected and suspected fish from aquaculture.
3.
Fish from aquaculture may only be brought into or out of the aquaculture business with the authorisation of the competent authority.
4.
Fish from aquaculture may only be brought out of aquaculture for the purpose of destruction or for diagnostic purposes.
5.
Parts, raw materials, products, feedingstuffs and other articles originating from aquaculture which may be carriers of the disease regulator may only be brought with the authorisation of the competent authority.
6.
Persons may enter the aquaculture business only with the approval of the competent authority and must clean and disinfect their footwear before leaving the facility.
7.
Means of transport used to transport fish from aquaculture must be cleaned and disinfected before leaving the aquaculture business.
(2) All aquaculture holdings in a catchment area where there is a suspicion of an outbreak of an exotic disease shall be subject to official observation. Fish from aquaculture under official observation may only be taken from aquaculture with the approval of the competent authority. The competent authority may limit the measures referred to in the first sentence to a part of the water catchment area in order to limit the aquaculture operation concerned, provided that the control of the disease does not conflict. (3) The competent authority shall carry out epidemiological measures. Investigations by. These investigations shall cover:
1.
the period during which the infected person may have already been in the aquaculture business before the suspicion has been made,
2.
the possible entry source, and
3.
the identification of other aquaculture establishments from which aquaculture fish have been placed in the aquaculture business where there is a suspicion, or into aquaculture fish from the aquaculture business where the suspicion exists.
(4) The epidemiological investigation referred to in paragraph 3 shall apply mutagenic to that paragraph 1 of this paragraph. (5) The competent authorities shall apply the following: The authority may also order the measures referred to in paragraphs 1 to 4 for the establishments referred to in Article 6 (1). Unofficial table of contents

Section 20 Protection measures after official identification of an exotic plague

(1) Where the outbreak or suspected outbreak of an exotic disease has been officially detected in an aquaculture establishment, the holding of aquaculture shall be subject to the conditions laid down in the following rules:
1.
The operator of the aquaculture establishment shall immediately eliminate or eliminate fish from aquaculture without delay.
2.
For the living fish from aquaculture, the competent authority shall order the immediate killing and destruction.
3.
The competent authority may depart from an arrangement referred to in paragraph 2 for suspected fish from aquaculture provided that it is ensured that the fish from aquaculture are slaughtered immediately under official supervision and the offal will be destroyed.
4.
Means of transport used to transport live and ending fish from aquaculture must be cleaned and disinfected before leaving the aquaculture business.
5.
After the fish have been removed from aquaculture, the aquaculture establishment and the objects which may be carriers of the disease regulator shall be cleaned and disinfected following the instructions of the competent authority.
6.
Parts, raw materials, products, feedingstuffs and other articles originating from aquaculture which may be carriers of the disease regulator may only be brought with the authorisation of the competent authority.
7.
Persons may enter the aquaculture business only with the approval of the competent authority and must clean and disinfect their footwear before leaving the facility.
(2) All of the aquaculture holdings subject to official observation pursuant to Article 19 (2) shall be examined on the basis of the instructions given by the competent authority in respect of the exotic disease listed in Annex 1, column 1, point 1. The competent authority may also order the measures provided for in the first sentence for the establishments referred to in Article 6 (1). (3) § 19 (3) shall apply mutas. Unofficial table of contents

Section 21 restricted area, surveillance area after official detection of an exotic plague

(1) Where the outbreak of an exotic disease has been officially detected in an aquaculture establishment, the competent authority shall, in accordance with the transferability of the disease and the geographical circumstances, in particular the Water catchment area, an area appropriate to the prevention of the disappearance of the exotic plague, in order to establish the aquaculture sector concerned as a restricted area. The holdings located in the restricted area
1.
shall be examined on the basis of the instructions given by the competent authority to the exotic disease; and
2.
are subject to official observation.
Those who wish to spend fish from aquaculture from a plant located in the restricted area must be authorised by the competent authority. (2) The competent authority shall also lay down an area outside the restricted area referred to in paragraph 1, which shall be used for the prevention of: the disappearance of the exotic plague is adequately large, as a surveillance area. The competent authority may carry out additional investigations in the surveillance area beyond the investigations in accordance with Section 7 (1). Unofficial table of contents

Section 22 Protection measures after official determination of the outbreak or suspicion of an outbreak of a non-exotic plague in an aquaculture business

(1) Where the outbreak or suspicion of an outbreak of a non-exotic disease has been officially detected in an aquaculture establishment, the following shall apply:
1.
The operator of the aquaculture establishment shall immediately kill or have killed, or have it destroyed or removed, the infected or suspected aquaculture fish, following the instructions of the competent authority, without delay.
2.
Fish not covered by point 1 from aquaculture may be spent or used for diagnostic purposes only with the authorisation of the competent authority and only in another aquaculture establishment concerned by the same non-exotic disease. immediate slaughter.
3.
Offal arising from slaughtering as specified in point 2 shall be destroyed.
4.
The operator of an aquaculture operation shall immediately eliminate or eliminate fish from aquaculture.
(2) The competent authority may, where it is necessary for reasons of disease control, order that:
1.
persons may enter the aquaculture business only with the authorisation of the competent authority,
2.
clean and disinfect their footwear prior to leaving the aquaculture business,
3.
vehicles, containers and equipment used for the movement of fish from aquaculture to the holding or from the holding must be cleaned and disinfected immediately after unloading,
4.
Equipment and other objects which may be subject to the control of the disease may only be taken from the aquaculture business after cleaning and disinfection.
(3) The competent authority may also order the measures referred to in paragraphs 1 and 2 for the establishments referred to in Article 6 (1). Unofficial table of contents

§ 23 Protection measures in the event of suspected contagion for a non-exotic plague

(1) Where an outbreak or suspected outbreak of a non-exotic disease has been officially detected in an aquaculture establishment, the competent authority shall establish and allocate epidemiological investigations within the meaning of section 19 (3) of this Regulation to: aquaculture holdings,
1.
from which the non-exotic plague has been introduced or
2.
in which the non-exotic epidemic may have been further trafficked,
the observation of the authorities. The second sentence of Article 19 (2) shall apply accordingly. The competent authority may order histological, molecular-biological, mycological, parasitological or virological studies. (2) The competent authority may also order the measures referred to in paragraph 1 for the establishments referred to in paragraph 6 (1). Unofficial table of contents

Section 24 Protection measures after official determination of the suspicion of an outbreak of a non-exotic plague in a protected area

(1) Where the suspicion of the outbreak of a non-exotic disease is officially detected in a protected area, the following shall apply:
1.
The competent authority shall suspend the protection area and shall assign histological, molecular biological, mycological, parasitological or virological studies.
2.
Until the results have been obtained, fish from aquaculture which is not infected or suspected of being infected may only fish with the authorisation of the competent authority and only in another aquaculture sector not affected by the same non-exotic disease or be released for immediate slaughter.
3.
Offal arising from slaughtering as specified in point 2 shall be destroyed.
4.
Aquaculture animals which have been killed or killed may only be brought with the authorisation of the competent authority and only for diagnostic purposes or for non-harmful disposal.
(2) Section 22 (2) shall apply accordingly. Unofficial table of contents

Section 25 Protection measures after official identification of the outbreak of a non-exotic plague in a protected area

Where a non-exotic disease has been officially detected in a protected area, the protection area shall be subject to the following conditions:
1.
The competent authority shall revoke the designation as a protected area.
2.
§ 22 shall apply accordingly.
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§ 26 Protection measures in the event of suspected contagion for a non-exotic plague starting from a protected area

(1) Where a suspected outbreak or outbreak of a non-exotic disease has been officially detected in a protected area, the competent authority shall establish epidemiological investigations in accordance with section 19 (3) and shall arrange for aquaculture establishments to:
1.
from which the non-exotic plague has been introduced or
2.
in which the non-exotic epidemic has already been dragged down,
official observation; § 19 (2) shall apply accordingly. The competent authority may order histological, molecular-biological, mycological, parasitological or virological studies. (2) The competent authority may also order the measures referred to in paragraph 1 for the establishments referred to in paragraph 6 (1). Unofficial table of contents

Section 27 restricted area, surveillance area after official detection of non-exotic disease

Where the outbreak of a non-exotic disease has been officially detected in an aquaculture establishment, the competent authority shall, depending on the transferability of the disease and the geographical circumstances, in particular the catchment area, an area appropriate to the prevention of the disappearance of the non-exotic disease, in order to establish the aquaculture business concerned as a restricted area and outside the restricted area as a surveillance area. For the restricted area, § 21 (1) sentence 2 and 3, for the surveillance area § 21 para. 2 sentence 2 shall apply accordingly. Unofficial table of contents

Section 28Repeal of the protection measures

(1) Ordered protection measures in accordance with § § 19 to 27 shall be repealed in so far as the disease has died or the suspicion of the outbreak has been removed or has proved to be unfounded. (2) The disease shall be deemed to have been extincted, to the extent that:
1.
all fish of aquaculture in the holding or of individual parts of the aquaculture establishment which have been completed have been killed, killed or removed; and
2.
the disinfection of the holding or of individual parts of the aquaculture establishment, which have been completed, has been carried out in accordance with the instructions of the competent authority.
(3) The competent authority shall abolic the designation as a restricted area in accordance with Articles 21 and 27, in so far as the investigations in the restricted area have been completed with negative result. (4) The competent authority shall lift the definition as a surveillance area in accordance with § § 21 and 27, to the extent that the investigations in the surveillance area have been completed with negative results. (5) After the protection measures have been lifted because of an exotic plague listed in Annex 1, column 1, point 1, the competent authority shall be responsible for the reprocessing of aquaculture operations on the basis of the results of the Investigation according to § 20 para. 2 sentence 1 dependent.

Section 7
Rules of Procedure, Transitional provisions

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§ 29 Administrative Offences

Contrary to the provisions of Section 32 (2) (4) (a) of the Animal Health Act, who intentionally or negligently is acting in accordance with the provisions of the Animal Health Act
1.
holds, spends or delivers a fish, spends or delivers a fish or a part thereof, without authorisation pursuant to § 3 sentence 1, or
2.
a fully-fledgable edition in accordance with § 4 (3) sentence 1,
3.
in the absence of registration in accordance with § 6 (1), an activity referred to in
4.
a fully-enforceable arrangement according to § 7 (2), § 8 (3), § 9 (2), § 20 (1) (2), § 21 (1) sentence 2, point 1, also in conjunction with § 27 sentence 2, in accordance with § 22 paragraph 1, point 1, also in conjunction with Section 25, point 2, in accordance with § 22, paragraph 2, also in connection with Section 24 (2) or § 25 (2), in accordance with Article 23 (1) sentence 3 or § 26 (1) sentence 2, also in conjunction with Section 26 (2), shall be contrary,
5.
contrary to the first sentence of Article 7 (3), even in conjunction with the second sentence, a communication does not make, not correct or not, in time,
6.
Contrary to § 8, paragraph 1, a book does not lead, is not correct or not complete,
7.
shall not retain a book or not at least three years in accordance with the second sentence of Article 8 (2),
8.
in breach of the first sentence of Article 11 (1) or (2) against a disease referred to in that paragraph,
9.
it spends a fish in accordance with Section 13 (1) or Article 19 (1) (4),
10.
in accordance with the second sentence of Article 18 (2) or the second sentence of the third sentence of paragraph 3,
11.
without authorization pursuant to section 19 (1) (3) or (5), § 20 (1) (6), (21) (1) sentence 3, Article 22 (1) (2) or Article 24 (1) (2), a fish, a part, a raw material, a product, a feed or any other the subject or issue of the product,
12.
shall be contrary to a enforceable condition relating to an authorisation pursuant to Article 19 (1) (3), (5) or (6), Article 20 (1) (6) or (7), Article 21 (1), third sentence, (3), Article 22 (1) (2) or (2) (2) (2) or
13.
shall enter into aquaculture operations without authorisation pursuant to Article 19 (1) (6) or Article 20 (1) (7),
14.
, contrary to Article 19 (1) (7) or Article 20 (1) (4), a means of transport shall not be cleaned or not, or not or not, disinfected in good time, or
15.
, contrary to Article 20 (1) (1), a fish is not disposed of, not properly or in good time, and is not disposed of, not properly or in a timely manner.
Unofficial table of contents

Section 30 Transitional provisions

(1) Aquaculture establishments which, on the date of entry into force of this Regulation, are in accordance with Article 2 (1) of the Fishing Regulation as amended by the Notice of 20 December 2005 (BGBl. I p. 3563),
1.
insofar as they fall within the scope of section 3 (1), as provisionally approved or
2.
insofar as they fall within the scope of section 6 (1), are registered as provisional.
The provisional authorisation shall be issued if the authorisation is not requested within six months after 29 November 2008 or if the decision on the application is valid in the case of a timely application with the entry into force of the unquestionability of the decision. The provisional registration shall be issued if the notification in accordance with Section 6 (2) for the registration has not been made within six months after 29 November 2008. (2) Those according to § 13 or § 14 of the Fishing Ordinance in the version of the notice of 20 December 2005 (BGBl. 3563), approved zones or establishments shall be considered as protected areas in accordance with § 10. Unofficial table of contents

Appendix 1 (to § § 2, 7, 10, 11, 12, 14, 15, 16, 20, 28)
List of epidemets

(Fundstelle: BGBl. I 2014, 1559-1560)








123 Susceptible species susceptible to disease histo- log_mole- Kular- bio- logischpara- sito- logischviro- logical
1. Exotic plagues
Fish: Epizootic hematopoietic necrosis X X Rainbow trout (Oncorhynchus mykiss), European River Barsch (Perca fluviatilis)
Molluscs: Infection with Bonamia exitiosa X X Australian Flachauster (Ostrea angasi), Chilean Flachauster (Ostrea chilensis)
Infection with Perkinsus marinus X X Pacific oysters (Crassostrea gigas), American oyster (Crassostrea virginica)
Infection with Microcytos mackini X X Pacific Auster (Crassostrea gigas), American Auster (Crassostrea virginica), West American Auster (Ostrea conchaphila), European Auster (Ostrea edulis)
Crustaceans: Taura syndrome X Atlantic white shrimp (Penaeus setiferus), Pacific blue shrimp
(Penaeus stylirostris), pacific white shrimp (Penaeus vannamei)
Yellowhead Disease X Atlantic Brown Yarn (Penaeus aztecus), Nördliche Rosa Garnele (Penaeus duorarum), Radgarnele (Penaeus japonicus), Schwarze Tigergarnele (Penaeus monodon), Atlantische Weiße Garnele (Penaeus setiferus), Pacific Blaue Garnele (Penaeus monodon) stylirostris), pacific white shrimp (Penaeus vannamei)
2. Non-exotic epidemets
Fish: Viral haemorrhagic septicaemia X X Herring (Clupea spp.), Felchen (Coregonus sp.), Hecht (Esox lucius), Schellfish (Gadus aeglefinus), Pacific cod (Gadus macrocephalus), Dorsch (Gadus morhua), Pacific salmon (Oncorhynchus spp.), Rainbow trout (Oncorhynchus mykiss), Seequappe (Onos mustelus), Forelle (Salmo trutta), turbot (Scophthalmus maximus), Sprotte (Sprattus sprattus), Ache (Thymallus thymallus), Japanese Flunder (Paralichthys olivaceus)
Infectious haematopoietic necrosis X X Keta salmon (Oncorhynchus keta), silver salmon (Oncorhynchus kisutch), Japan-salmon (Oncorhynchus masou), rainbow trout (Oncorhynchus mykiss), red salmon (Oncorhynchus nerka), Biwa trout (Oncorhynchus rhodurus), royal salmon (Oncorhynchus tshawytscha), Atlantic salmon (Salmo salar)
Koi-herpes infection X X Carp (Cyprinus carpio)
Infectious anaemia of the Laxis: Infection with genotype HPR-deleated the type of Isavirus X X Rainbow trout (Oncorhynchus mykiss), Atlantic Salmon (Salmo salar), Forelle (Salmo trutta)
Molluscs: Infection with Marteilia refringens X X Australian Flachauster (Ostrea angasi), Chilean Flachauster (Ostrea chilensis), European Auster (Ostrea edulis), Argentine Auster (Ostrea puelchana), Miesmuschel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis)
Infection with Bonamia ostreae X X Australian flat-auster (Ostrea angasi), Chilean flat-auster (Ostrea chilensis), Western-American oyster (Ostrea conchaphila), Asian oyster (Ostrea denselammellosa), European oyster (Ostrea edulis), Argentine oyster (Ostrea puelchana)
Crustaceans: White punctuation disease X all ten-footed crustaceans (order of decapods)
Unofficial table of contents

Appendix 2 (to § 13)

(Fundstelle: BGBl. I 2008, 2325)
A. Animal Health Certificate for aquaculture animals-Asset passport-
The aquaculture business: (Name) ....................
(Address) ....................
(Asset Label) ....................
(circle) ................... (Country) ....................
□ Breeding- *) and/or rearing *) □ Trading *)
is also part of a □ zone *) or a □ compartment *) and is about related diseases assigned to the following diseases: ....................
*)
Please tick the appropriate one.







Susceptible species Types in category 1 (free) Category 2 (Monitor) Category 3 (indebted) Category 4 (Tilting- (programme) Category 5 (infected)
VHS
IHN
KHV
ISA
The last control of the stock in accordance with § 7 of the Fishing Ordinance was carried out on: .................... This certificate shall cease to be valid nine months after the last check, but no later than
on: .................... it shall not be used before the expiry of this period if the animals have come into contact with animals of an at least non-equivalent health status in the holding.

.................... .................... ....................
(Stamp of the official body) (date) (uppercase name) (Signature)
B. Transport certificate (for a delivery from the above-mentioned company; from the transporter or from the transport operator). To fill out and sign suppliers themselves) Animals or products of aquaculture eggs/sperm
Genus (general and scientific name)
Species (general and scientific name)
Quantity/Count
Total weight
medium weight


Receiver: (name, address) ....................
(circle) .................... (Country) ....................
Means of transport: (Art/tag) ....................
Delivery Date: ....................
I assure you that the above mentioned animals/products come from the above mentioned plant. The animals are clinically healthy and in operation no unexplained mortality occurs.

.................... .................... ....................
(date) (uppercase name) (Signature)