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United Kingdom Statutory Instruments
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STATUTORY INSTRUMENTS

2003 No. 25

RIVER, ENGLAND

SALMON AND FRESHWATER FISHERIES

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

  Made 9th January 2003 
  Laid before Parliament 9th January 2003 
  Coming into force 3rd February 2003 

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred on her by section 1(1) of the Import of Live Fish (England and Wales) Act 1980[1] and of all other powers enabling her in that behalf; and, in accordance with section 1(2) of that Act, after consultation with English Nature and the Countryside Council for Wales and such other persons as she 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 England, hereby makes the following Order:

Title, commencement and extent
     1.  - (1) This Order may be cited as the Prohibition of Keeping or Release of Live Fish (Specified Species) (Amendment) (England) Order 2003 and shall come into force on 3rd February 2003.

    (2) This Order applies in relation to England only.

Amendment
     2. The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998[2] shall be amended in relation to England as follows - 









Elliot Morley
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs

9th January 2003


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 ("the 1998 Order"), in relation to England, by - 

    (1) providing that the Secretary of State 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)).

A Regulatory Impact Assessment has been prepared in relation to this order and deposited in the libraries of both Houses of Parliament. Copies may be obtained from:

Fisheries Division IIB, (Aquaculture, Salmon and Freshwater Fisheries), Department for Environment, Food and Rural Affairs, Nobel House (Room 308), 17 Smith Square, London SW1P 3JR.

Notes:

 [1] 1980 c. 27; section 1(2) was amended by the Environmental Protection Act 1990 (c. 4), section 132(1)(a) and Schedule 9, paragraph 8; section 1(3) was amended by the Fisheries Act 1981 (c. 24), section 37(2); see section 4 for definitions of "fish" and "shellfish"; the function of the Minister of Agriculture, Fisheries and Food under section 1(1) was transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 1998/2409.back


ISBN 0 11 044775 1


 
© Crown copyright 2003
Prepared 7 February 2003

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20030025.html