1) The card in question is somewhat similar to an Archived card. Archived cards are not to be repeated. Hence this is necessary.
In contrast, I believe that Archived cards are fair game if the maker of the original idea has been inactive. Otherwise, it is merely good etiquette to ask the maker of the original idea if you can "remake" the card.
On topic: I just find that this card messes too much with Steam Machine. They have lower cost than both, and their HPs are as high as their respective counterparts. At least Steam Machine has the thematic excuse for resilience, being that giant robots don't break easily. But a dead fish?
Also, I don't see why it's a Water card, as you never find red herrings anywhere close to the water. If the themes were split like this, then Skeleton would be a Life card! The mechanic doesn't have anything to do with Water, too. I'd much rather see this as a Darkness, Aether, or Other card.