2014 No. 143
The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014
Made
Laid before Parliament
Coming into force
The Secretary of State has, in accordance with section 1(2) of the Import of Live Fish (England and Wales) Act 19801 consulted Natural England and the Natural Resources Body for Wales and such other persons as the Secretary of State considers appropriate, and is of the opinion that the species of live fish to which this Order applies might compete with, displace, prey on or harm the habitat of certain species of freshwater fish, shellfish or salmon in England and Wales.
The Secretary of State makes the following Order in exercise of the powers conferred by section 1(1) of that Act, now exercisable by him2.
Title, commencement and application1
1
This Order—
a
may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014;
b
comes into force on 17th February 2014; and
c
applies in relation to England.
2
This Order does not apply in relation to the introduction of any live fish by a person who has been—
a
issued with a permit under Council Regulation (EC) No. 708/20073 concerning use of alien and locally absent species in aquaculture, or
b
served with a notice under regulation 7(2)(b) or (3)(b) (notices permitting movement) of the Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 20114.
Prohibition of keeping or release of specified fish or eggs2
1
No person may keep or release any live fish, or the live eggs of any fish, which is not native to England and Wales and belongs to a taxonomic order specified in the first column of the table in Part 1 of the Schedule, except under the authority of a licence granted by the Secretary of State.
2
The requirement for a licence in paragraph (1) does not apply in relation to any species of non-native fish that is specified in the third column of the table in Part 2 of the Schedule and belongs to a taxonomic order referred to in paragraph (1).
Review3
1
The Secretary of State must from time to time—
a
carry out a review of regulation 2;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory scheme established by regulation 2;
b
assess the extent to which those objective are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
3
The first report under this regulation must be published before the end of the period of five years beginning with the day on which this Order comes into force.
4
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Revocations4
The following are revoked—
a
the Prohibition of Keeping or Release of Live Fish (Specified Species) Order 19985;
b
the Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (England) Order 20036; and
c
regulation 29 of the Alien and Locally Absent Species in Aquaculture (England and Wales) Regulations 20117.
SCHEDULEList of Fish
PART 1Taxonomic orders to which any species of fish that is not native to England and Wales belongs that may not be kept or released without a licence
Taxonomic Order | Common name |
---|---|
Acipenseriformes | Sturgeons, Paddlefish |
Amiiformes | Bowfin |
Anguilliformes | Eels |
Atheriniformes | Silversides |
Batrachoidiformes | Toadfish |
Beloniformes | Needlefish, Flyingfish |
Ceratodontiformes | Australian Lungfish |
Characiformes | Tetras, Characins, Headstanders |
Clupeiformes | Herrings, Anchovies, Shads |
Cypriniformes | Carps, Loaches, Minnows |
Cyprinodontiformes | Killifish, Pupfish |
Esociformes | Pike |
Gasterosteiformes | Sticklebacks, Seahorses |
Gonorynchiformes | Shellears |
Gymnotiformes | Knifefish |
Lepidosyreniformes | South American and African Lungfish |
Lepisosteiformes | Gar or Garpike |
Myliobatiformes | Stingrays |
Osmeriformes | Smelt, Noodlefish |
Osteoglossiformes | Arapaima, Bonytongues |
Perciformes | Perches, Butterflyfish, Cichlids, Tunas |
Percopsiformes | Perch, Cavefish |
Petromyzontiformes | Lampreys |
Pleuronectiformes | Flounders and Sole |
Polypteriformes | Birchirs |
Salmoniformes | Salmons |
Scorpaeniformes | Scorpionfish, Sculpins |
Siluriformes | Catfish |
Synbranchiformes | Spiny eels |
Syngnathiformes | Pipefish |
Tetraodontiformes | Pufferfish |
PART 2Species of fish that are not native to England and Wales that may be kept or released without a licence
Taxonomic Order | Common name | Species name |
---|---|---|
Cypriniformes | Common carp and its variants | Cyprinus carpio |
Goldfish and its variants | Carassius auratus | |
Ide or Orfe | Leuciscus idus | |
Salmoniformes | Rainbow Trout other than Anadromous Steelhead | Oncorhynchus mykiss other than Anadromous Steelhead |
(This note is not part of the Order)