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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 - 



    " SCHEDULE
    Article 2


    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.


Notes:

[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).back

[2] S.I. 1998/2409.back



ISBN 0 11 044775 1


 
© Crown copyright 2003
Prepared 7 February 2003

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