The Prohibition of Keeping of Live Fish (Crayfish) (Scotland) Order 1996

Statutory Instruments

1996 No. 1107 (S.119)

RIVER, SCOTLAND

The Prohibition of Keeping of Live Fish (Crayfish) (Scotland) Order 1996

Made

9th April 1996

Laid before Parliament

17th April 1996

Coming into force

29th May 1996

The Secretary of State, in exercise of the powers conferred on him by section 1 of the Import of Live Fish (Scotland) Act 1978(1) and of all other powers enabling him in that behalf, having consulted Scottish Natural Heritage and such other persons as he considers appropriate and being of the opinion that the species of fish to which the Order applies might compete with, displace, prey on or harm the habitat of freshwater fish or salmon in Scotland, hereby makes the following Order—

Title, commencement and interpretation

1.—(1) This Order may be cited as the Prohibition of Keeping of Live Fish (Crayfish) (Scotland) Order 1996 and shall come into force on 29th May 1996.

(2) In this Order, “crayfish” means a freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, other than of the species Austropotamobius pallipes (commonly known as the Atlantic stream, or white clawed, crayfish).

Prohibition

2.  The keeping in Scotland of any species of live crayfish is hereby prohibited except under a licence granted by the Secretary of State.

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

9th April 1996

Explanatory Note

(This note is not part of the Order)

This Order prohibits the keeping in Scotland of any species of live crayfish except under a licence granted by the Secretary of State (article 2). “Crayfish” is defined in article 1(2). The definition does not include the species Austropotamobius pallipes, which is native to Scotland.

(1)

1978 c. 35; section 1(2) was amended by the Environmental Protection Act 1990 (c. 43), Schedule 9, paragraph 7 and the Natural Heritage (Scotland) Act 1991 (c. 28), Schedule 2 paragraph 6 and section 1(3) was amended by the Fisheries Act 1981 (c. 24), section 37(2).