
2014 No. 3342
River, EnglandSalmon And Freshwater Fisheries
The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) (Amendment) Order 2014
Made 14th December 2014
Laid before Parliament 19th December 2014
Coming into force 19th January 2015

The Secretary of State has, in accordance with section 1(2) of the Import of Live Fish (England and Wales) Act 1980 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.
Title and commencement
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
2 

(1) The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014 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 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
SCHEDULE
Article 2(5)
“
Taxonomic orders to which any species of freshwater 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 Lungfish
Characiformes Tetras, Characins, Headstanders
Clupeiformes Herrings, Anchovies, Shads
Cypriniformes Carps, Loaches, Minnows
Cyprinodontiformes Killifish, Pupfish
Esociformes Pike
Gasterosteiformes Sticklebacks
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 Trout-Perch, Cavefish
Petromyzontiformes Lampreys
Pleuronectiformes Flounders and Sole
Polypteriformes Bichirs
Salmoniformes Salmon, Trout, Whitefish
Scorpaeniformes Scorpionfish, Sculpins
Siluriformes Catfish
Synbranchiformes Spiny Eels
Syngnathiformes Pipefish, Seahorses
Tetraodontiformes Pufferfish”