Statutory Instruments
2014 No. 143
River, England
Salmon And Freshwater Fisheries
The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014
Made
23rd January 2014
Laid before Parliament
27th January 2014
Coming into force
17th February 2014
The Secretary of State has, in accordance with section 1(2) of the Import of Live Fish (England and Wales) Act 1980( 1 ) consulted Natural England and the Natural Resources Body for Wales and such other persons as the Secretary of State considers appropriate, and is of the opinion that the species of live fish to which this Order applies might compete with, displace, prey on or harm the habitat of certain species of freshwater fish, shellfish or salmon in England and Wales.
The Secretary of State makes the following Order in exercise of the powers conferred by section 1(1) of that Act, now exercisable by him( 2 ).
Title, commencement and application
1. —(1) This Order—
(a) may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014;
(b) comes into force on 17th February 2014; and
(c) applies in relation to England.
(2) This Order does not apply in relation to the introduction of any live fish by a person who has been—
(a) issued with a permit under Council Regulation (EC) No. 708/2007 ( 3 ) concerning use of alien and locally absent species in aquaculture, or
(b) served with a notice under regulation 7(2)(b) or (3)(b) (notices permitting movement) of the Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011( 4 ).
[F1 (3) This Order does not apply to the keeping or release of live fish in inland watersF1]
[F2 Interpretation
1A. In this Order—
“freshwater fish” means any fish living in, or able to live in, fresh water;
“inland waters” means any water of a kind specified in section 221 of the Water Resources Act 1991 ( 4 ) except that it does not include—
the River Tweed, or
garden ponds less than 0.4 hectares in area, which are not fished, have no links to other waters and are located within the curtilage of a residential property F2]
Prohibition of keeping or release of specified fish or eggs
2.[F3—(1) No person may, except under the authority of a licence granted by the Secretary of State, keep or release any live freshwater fish, or the live eggs of any freshwater fish, which—
(a) belongs to a taxonomic order specified in the first column of the table in Part 1 of the Schedule; and
(b) is not native to England and Wales F3]
(2) The requirement for a licence in paragraph (1) does not apply in relation to any species of non-native fish that is specified in the third column of the table in Part 2 of the Schedule and belongs to a taxonomic order referred to in paragraph (1).
Review
3. —(1) The Secretary of State must from time to time—
(a) carry out a review of regulation 2;
(b) set out the conclusions of the review in a report; and
(c) publish the report.
(2) The report must in particular—
(a) set out the objectives intended to be achieved by the regulatory scheme established by regulation 2;
(b) assess the extent to which those objective are achieved; and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this Order comes into force.
(4) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Revocations
4. The following are revoked—
(a) the Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998( 5 );
(b) the Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (England) Order 2003( 6 ); and
(c) regulation 29 of the Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 2011( 7 ).
George Eustice
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Article 2
SCHEDULE List of Fish
PART 1 [F4 Taxonomic orders to which any species of freshwater fish that is not native to England and Wales belongs that may not be kept or released without a licence
| Taxonomic Order | Common name |
|---|---|
| Acipenseriformes | Sturgeons, Paddlefish |
| Amiiformes | Bowfin |
| Anguilliformes | Eels |
| Atheriniformes | Silversides |
| Batrachoidiformes | Toadfish |
| Beloniformes | Needlefish, Flyingfish |
| Ceratodontiformes | Lungfish |
| Characiformes | Tetras, Characins, Headstanders |
| Clupeiformes | Herrings, Anchovies, Shads |
| Cypriniformes | Carps, Loaches, Minnows |
| Cyprinodontiformes | Killifish, Pupfish |
| Esociformes | Pike |
| Gasterosteiformes | Sticklebacks |
| Gonorynchiformes | Shellears |
| Gymnotiformes | Knifefish |
| Lepidosyreniformes | South American and African Lungfish |
| Lepisosteiformes | Gar or Garpike |
| Myliobatiformes | Stingrays |
| Osmeriformes | Smelt, Noodlefish |
| Osteoglossiformes | Arapaima, Bonytongues |
| Perciformes | Perches, Butterflyfish, Cichlids, Tunas |
| Percopsiformes | Trout-Perch, Cavefish |
| Petromyzontiformes | Lampreys |
| Pleuronectiformes | Flounders and Sole |
| Polypteriformes | Bichirs |
| Salmoniformes | Salmon, Trout, Whitefish |
| Scorpaeniformes | Scorpionfish, Sculpins |
| Siluriformes | Catfish |
| Synbranchiformes | Spiny Eels |
| Syngnathiformes | Pipefish, Seahorses |
| Tetraodontiformes | Pufferfish F4] |
PART 2 Species of fish that are not native to England and Wales that may be kept or released without a licence
Taxonomic Order | Common name | Species name |
|---|---|---|
| Cypriniformes | Common carp and its variants | Cyprinus carpio |
| Goldfish and its variants | Carassius auratus | |
| Ide or Orfe | Leuciscus idus | |
| Salmoniformes | Rainbow Trout other than Anadromous Steelhead | Oncorhynchus mykiss other than Anadromous Steelhead |
1980 c. 27 ; section 1 was amended by paragraph 158 of Schedule 2 to S.I. 2013/755 (W 90) ; S.I. 2009/463 ; section 105(1) of, and paragraph 62 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) ; section 132 of, and paragraph 8 of Schedule 9 to, the Environmental Protection Act 1990 (c. 43) ; and section 37(2) of the Fisheries Act 1981 (c. 29) .
The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by article 2(2) of S.I. 2002/794 .
O.J. No. L 168, 28.06.07 p.1, as last amended by Regulation (EU) No. 304/2011, O.J. No L 88, 4.4.2011, p. 1.
S.I. 1998/2409 ; amended by S.I. 2003/25 and 2292 .