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

Statutory Instruments

2003 No. 25

RIVER, ENGLAND

SALMON AND FRESHWATER FISHERIES

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

Made

9th January 2003

Laid before Parliament

9th January 2003

Coming into force

3rd February 2003

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred on her by section 1(1) of the Import of Live Fish (England and Wales) Act 1980(1) and of all other powers enabling her in that behalf; and, in accordance with section 1(2) of that Act, after consultation with English Nature and the Countryside Council for Wales and such other persons as she considers appropriate; and being of the opinion that the species of live fish to which this Order applies might compete with, displace, prey or harm the habitat of any freshwater fish, shellfish or salmon in England, hereby makes the following Order:

Title, commencement and extent

1.—(1) This Order may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (England) Order 2003 and shall come into force on 3rd February 2003.

(2) This Order applies in relation to England only.

Amendment

2.  The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998(2) shall be amended in relation to England as follows—

(a) in Article 2 (which prohibits the keeping or release of specified fish except under licence) for the words “the Minister” there shall be substituted the words “the Secretary of State”; and

(b) for the Schedule (which specifies the species of fish whose keeping or release is prohibited except under licence) there shall be substituted the following Schedule—

Article 2

“SCHEDULE SPECIES OF FISH WHOSE KEEPING OR RELEASE IN ANY PART OF ENGLAND IS PROHIBITED EXCEPT UNDER AUTHORITY OF A LICENCE GRANTED BY THE SECRETARY OF STATE

Common Name	Scientific Name
Asp	Aspius aspius
Barbel species	species of the genus Barbus (excluding the native Barbus barbus)
Bass species (including striped bass, white bass and their crosses e.g. hybrid striped bass)	species of the genus Morone
Big-head carp	Aristichthys nobilis
Bitterling	Rhodeus sericeus/Rhodeus amarus
Blacknose Dace	Rhinichthys atratulus
Blageon	Leuciscus souffia
Blue Sucker	Cycleptus elongatus
Blue bream	Abramis ballerus
Burbot	Lota lota
Catfish	species of the genera Ictalurus, Ameiurus and Silurus
Charr species (including American Brook Trout)	species of the genus Salvelinus (excluding the native Salvelinus alpinus)
Chinese black or snail-eating carp	Mylopharyngodon piceus
Chinese Sucker also known as Zebra Hi Fin or banded shark/sucker	Myxocyprinus asiaticus
Common White Sucker	Catostomus commersoni
Danubian bleak	Chalcalburnus chalcoides
Danubian Salmon and Taimen	species of the genus Hucho
Eastern Mudminnow	Umbra pygmaea
European Mudminnow	Umbra krameri
Fathead minnow or Roseyreds	Pimephales promelas
Freshwater minnow also known as Dragon fish or Pale chub	Zacco platypus
Grass carp	Ctenopharyngodon idella
Landlocked salmon	non-anadromous varieties of the species Salmo salar
Large-mouthed black bass	Micropterus salmoides
Marbled trout	Salmo marmoratus
Nase	Chondrostoma nasus
Northern Redbelly Dace (common minnow)	Phoxinus/Chrosomus eos
Pacific salmon and trout (excluding rainbow trout but including steelheads)	species of the genus Oncorhynchus
Paddlefish	species of the genera Polyodon and Psephurus
Perch species	species of the genus Perca (excluding the native Perca fluviatilis)
Pike-perch (including zander)	species of the genus Stizostedion
Pike species	species of the genus Esox (excluding the native Esox lucius)
Red shiner	Cyprinella/Notropis lutrensis
Rock bass	Ambloplites rupestris
Schneider	Alburnoides bipunctatus
Silver carp	Hypophthalmichthys molitrix
Snakehead, Northern or Chinese	Channa argus
Small-mouth bass	Micropterus dolomieu
Southern Redbelly Dace (common minnow)	Phoxinus/Chrosomus erythrogaster
Sturgeon or sterlet	species of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus
Sunbleak also known as Sundace, Belica or Motherless Minnow	Leucaspius delineatus
Sunfish (including Pumpkinseed, basses, crappies and bluegills)	species of the genus Lepomis
Topmouth gudgeon	Pseudorasbora parva
Toxostome or French nase	Chondrostoma toxostoma
Vimba	Vimba vimba
Weather fish	Misgurnus fossilis
Whitefish species	species of the genus Coregonus (excluding the native Coregonus lavaretus and Coregonus albula)”

Elliot Morley

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

9th January 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Prohibition of Keeping or Release of Live Fish (Specified Species) Order (“the 1998 Order”), in relation to England, by—

(1) providing that the Secretary of State is to be the licensing authority in respect of the prohibition in the 1998 Order on the keeping or release of specified fish except under licence (article 2(a)); and

(2) substituting a new Schedule for that contained in the 1998 Order specifying the species of fish to which that Order will apply (article 2(b)).

A Regulatory Impact Assessment has been prepared in relation to this order and deposited in the libraries of both Houses of Parliament. Copies may be obtained from:

Fisheries Division IIB, (Aquaculture, Salmon and Freshwater Fisheries), Department for Environment, Food and Rural Affairs, Nobel House (Room 308), 17 Smith Square, London SW1P 3JR.

(1)

1980 c. 27; section 1(2) was amended by the Environmental Protection Act 1990 (c. 4), section 132(1)(a) and Schedule 9, paragraph 8; section 1(3) was amended by the Fisheries Act 1981 (c. 24), section 37(2); see section 4 for definitions of “fish” and “shellfish”; the function of the Minister of Agriculture, Fisheries and Food under section 1(1) was transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

S.I. 1998/2409.