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

W.S.I. 2003/416 · Made 26 February 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

RIVER, WALES

SALMON AND FRESHWATER FISHERIES

Made 26th February 2003

Coming into force 1st March 2003

The National Assembly for Wales, in exercise of the powers conferred on it by section 1(1) of the Import of Live Fish (England and Wales) Act 1980f1 and of all other powers enabling it in that behalf; and, in accordance with section 1(2) of that Act, after consultation with the Countryside Council for Wales and English Nature and such other persons as it 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 Wales, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1980 c. 27. The powers of the Minister under section 1 of the Act were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 and Schedule 2 to it (S.I. 1999/672).

Contents

  1. 1Title, commencement and application
  2. 2Amendment
  3. Signature
  4. Schedule THESchedule THE
  5. Explanatory note

1Title, commencement and application

(1)

This Order is called the Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (Wales) Order 2003 and comes into force on 1st March 2003.

(2)

This Order applies in relation to Wales only.

2Amendment

The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998f1 shall be amended as follows —

(a)

in Article 2 (which prohibits the keeping or release of specified fish except under licence) for the words “the Minister” there is substituted the words “the National Assembly for Wales”; and

(b)

for the Schedule (which specifies the species of fish whose keeping or release is prohibited except under licence) there is substituted the Schedule set out in the Schedule to this Order.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1

D. Elis-Thomas

The Presiding Officer of the National Assembly

26th February 2003

Schedule THE

“SCHEDULE

SPECIES OF FISH WHOSE KEEPING OR RELEASE IN ANY PART OF WALES IS PROHIBITED EXCEPT UNDER AUTHORITY OF A LICENCE GRANTED BY THE NATIONAL ASSEMBLY FOR WALES

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 carpAristicthys nobilis
BitterlingRhodeus sericeus/Rhodeus amarus
Blacknose DaceRhinichthys atratulus
BlageonLeuciscus souffia
Blue SuckerCycleptus elongatus
Blue breamAbramis ballerus
BurbotLota lota
Catfishspecies of the genera Ictalurus, Amerius and Silurus
Charr species (including American Brook Trout)species of the genus Salvelinus (excluding the native alvelinusalpinus)
Chinese black or snail-eating carpMylopharyngodon piceus
Chinese Sucker (also known as Zebra Hi Fin, banded shark/sucker)Myxocyprinus asiaticus
Common White SuckerCatostomus commersoni
Danubian bleakChalcalburnus chalcoides
Danubian Salmon & Taimenspecies of the genus Hucho
Eastern MudminnowUmbra pygmaea
European MudminnowUmbra krameri
Fathead minnow (or Roseyreds)Pimephales promelas
Freshwater minnow, Dragon fish or Pale chubZaacco 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 Psepherus
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
Snakeheads, Northern or ChineseChanna argus
Small mouth bassMicropterus dolomieu
Southern Redbelly Dace (common minnow)Phoxinus/Chrosomus ertythrogaster
Sturgeon or sterletspecies of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus
Sunbleak (Sundace), also known as Belica or Motherless MinnowLeucaspius delineatus
Sunfish, including Pumpkinseed, (also basses crappies & bluegills)Species of the genus Lepomis
Topmouth gudgeonPseudorasbora parva
Toxostome (or French nase)Chondrostoma toxostoma
VimbaVimba vimba
Weather fishMisgurnus fossilis
Whitefish speciesspecies of the genus Coregonus (excluding the native Coregonus lavaretus and Coregonus albula)

”

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 1998 (“the 1998 Order”), in relation to Wales, by —

(1)

providing that the National Assembly for Wales 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)). The new Schedule adds to the species contained in the original Schedule.

A regulatory appraisal has been prepared in relation to this Order and deposited in the library of the National Assembly. Copies may be obtained from:

The Fisheries Branch,

Welsh Assembly Government,

Cathays Park,

Cardiff CF10 3NQ