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

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 1980[^f00001] 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:

Title, commencement and application

1

• (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.

Amendment

2

The Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998[^f00002] 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.

THE SCHEDULE

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00003]

D. Elis-Thomas — The Presiding Officer of the National Assembly — 26th February 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 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:

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1998/2409.

[^f00003]: 1998 c. 38.