Paragraph 9(4) defines ‘fish farming’ as “the breeding or rearing of fish, or the cultivation of shellfish, for the purpose of (or for purposes which include) transferring them to other waters or producing food for human consumption”.
But Paragraph 9(4A) provides an activity does not constitute “fish farming” if the fish or shellfish are, or include, fish or shellfish which are purely ornamental, or are bred, reared or cultivated for exhibition.
Paragraph 9(5) defines “shellfish” as including “crustaceans and molluscs of any description”.
“Land” should be taken to include land covered with water and any plant or structures (not being ‘buildings’) eg tanks. Buildings used for fish farming do not need to satisfy a “two hectare” rule as do agricultural livestock buildings under paragraph 5(4) of Sch. 5 LGFA 1988.
“Buildings” include a separate part of a building (paragraph 9(3) Sch.5). The guidance in RM Section 6 part 3: Section 390 in respect of “agricultural buildings” should be applied as appropriate to fish farms.
3.2 Snail Farms
A snail is the common name for a mollusc of the class Gastropoda which can be either of the terrestrial or freshwater variety and falls within the words “molluscs of any description”.
Consequently, where snail production is for the purpose of producing food for human consumption or for transfer to other waters it should enjoy the same exemption as fish farming.