The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) (Amendment) Order 2014

Title and commencement E+W

1.—(1) This Order—

(a) may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (England) (Amendment) Order 2014; and

(b) comes into force on 19th January 2015.

Amendment E+W

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—

“Interpretation

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—

(a)

the River Tweed, or

(b)

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.

George Eustice

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th December 2014