The Prohibition of Keeping or Release of Live Fish (Specified Species) (Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order is made under section 1(1) of the Import of Live Fish (Scotland) Act 1978 (“the Act”). The Order prohibits the keeping or release in Scotland of any species of fish or the live eggs of fish specified in Schedules 1 and 2 to the Order, except under authority of a licence granted by the Scottish Ministers (article 3). The prohibition comes into force, in relation to fish specified in Schedule 1 and first kept before 10th December 2003 on 10th June 2004. The prohibition comes into force on 10th December 2003 in relation to fish specified in Schedule 2 and first kept before 10th December 2003 and fish specified in Schedules 1 and 2 first kept or released on or after 10th December 2003.

Section 3 of the Act provides that any person who keeps or releases any of the species of fish specified in Schedules 1 and 2 on the date the Order comes into force without a valid licence or who contravenes the terms of a licence shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In addition to prohibiting the keeping or release of certain fish specified for the first time in the Order, the Order consolidates three other Orders – the Import of Live Fish (Coho Salmon) (Prohibition) (Scotland) Order 1980 (S.I. 1980/376), the Prohibition of the Keeping or the Release of Live Fish (Pikeperch) (Scotland) Order 1993 (S.I. 1993/1288) and the Prohibition of Keeping of Live Fish (Crayfish) (Scotland) Order 1996 (S.I. 1996/1107). The species which were specified in these three Orders are now specified in Schedule 2 to the Order. The Order revokes the three Orders that it consolidates, subject to a saving provision (article 4).

A Regulatory Impact Assessment has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.