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Statutory Instrument 2003 No. 25

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

(The document as of February, 2008. Arhiv.Online Library)

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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

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 Made9th January 2003 
 Laid before Parliament9th January 2003 
 Coming into force3rd 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 NameScientific Name
    AspAspius aspius
    Barbel speciesspecies 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 carpAristichthys nobilis
    BitterlingRhodeus sericeus/Rhodeus amarus
    Blacknose DaceRhinichthys atratulus
    BlageonLeuciscus souffia
    Blue SuckerCycleptus elongatus
    Blue breamAbramis ballerus
    BurbotLota lota
    Catfishspecies 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 carpMylopharyngodon piceus
    Chinese Sucker also known as Zebra Hi Fin or banded shark/suckerMyxocyprinus asiaticus
    Common White SuckerCatostomus commersoni
    Danubian bleakChalcalburnus chalcoides
    Danubian Salmon and Taimenspecies of the genus Hucho
    Eastern MudminnowUmbra pygmaea
    European MudminnowUmbra krameri
    Fathead minnow or RoseyredsPimephales promelas
    Freshwater minnow also known as Dragon fish or Pale chubZacco platypus
    Grass carpCtenopharyngodon idella
    Landlocked salmonnon-anadromous varieties of the species Salmo salar
    Large-mouthed black bassMicropterus salmoides
    Marbled troutSalmo marmoratus
    NaseChondrostoma nasus
    Northern Redbelly Dace (common minnow)Phoxinus/Chrosomus eos
    Pacific salmon and trout (excluding rainbow trout but including steelheads)species of the genus Oncorhynchus
    Paddlefishspecies of the genera Polyodon and Psephurus
    Perch speciesspecies of the genus Perca (excluding the native Perca fluviatilis)
    Pike-perch (including zander)species of the genus Stizostedion
    Pike speciesspecies of the genus Esox (excluding the native Esox lucius)
    Red shinerCyprinella/Notropis lutrensis
    Rock bassAmbloplites rupestris
    SchneiderAlburnoides bipunctatus
    Silver carpHypophthalmichthys molitrix
    Snakehead, Northern or ChineseChanna argus
    Small-mouth bassMicropterus dolomieu
    Southern Redbelly Dace (common minnow)Phoxinus/Chrosomus erythrogaster
    Sturgeon or sterletspecies of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus
    Sunbleak also known as Sundace, Belica or Motherless MinnowLeucaspius delineatus
    Sunfish (including Pumpkinseed, basses, crappies and bluegills)species of the genus Lepomis
    Topmouth gudgeonPseudorasbora parva
    Toxostome or French naseChondrostoma toxostoma
    VimbaVimba vimba
    Weather fishMisgurnus fossilis
    Whitefish speciesspecies 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


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