2.—(1) The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014(1) is amended as follows.
(2) After article 1(2), insert—
“(3) This Order does not apply to the keeping or release of live fish in inland waters”.
(3) After article 1, insert—
1A. In this Order—
“freshwater fish” means any fish living in, or able to live in, fresh water;
“inland waters” means any water of a kind specified in section 221 of the Water Resources Act 1991(2) except that it does not include—
the River Tweed, or
garden ponds less than 0.4 hectares in area, which are not fished, have no links to other waters and are located within the curtilage of a residential property”.
(4) For article 2(1), substitute—
“(1) No person may, except under the authority of a licence granted by the Secretary of State, keep or release any live freshwater fish, or the live eggs of any freshwater fish, which—
(a)belongs to a taxonomic order specified in the first column of the table in Part 1 of the Schedule; and
(b)is not native to England and Wales”.
(5) For Part 1 of the Schedule, substitute the table and the heading that appears in the Schedule to this Order.
1991 c. 57. The definition of “inland waters” in section 221 of the Water Resources Act 1991 includes a “watercourse”, the definition of which was amended by paragraph 128 of Schedule 22 to the Environment Act 1925 (c. 25) and S.I. 2013/755.