Statutory Instruments
2014 No. 3342
River, England
Salmon And Freshwater Fisheries
The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) (Amendment) Order 2014
Made
14th December 2014
Laid before Parliament
19th December 2014
Coming into force
19th January 2015
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( 2 ).
Title and commencement
1. —(1) This Order—
(a) may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (England) (Amendment) Order 2014; and
(b) comes into force on 19th January 2015.
Amendment
2. —(1)The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014( 3 ) is amended as follows.
(2) After article 1(2), insert—
“ (3) This Order does not apply to the keeping or release of live fish in inland waters ” .
(3) After article 1, insert—
“ 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 ” .
(4) For article 2(1), substitute—
“ (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 ” .
(5) For Part 1 of the Schedule, substitute the table and the heading that appears in the Schedule to this Order.
George Eustice
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th December 2014
Article 2(5)
SCHEDULE
“ 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 ” |
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 .
1991 c. 57 . The definition of “inland waters” in section 221 of the Water Resources Act 1991 includes a “watercourse”, the definition of which was amended by paragraph 128 of Schedule 22 to the Environment Act 1925 (c. 25) and S.I. 2013/755 .