An Enforcement Nightmare
A summary of the case against the legalisation, through a new
Animal Welfare Bill, of exotic pet markets
In the 1980's, the sale of pets in public places
such as markets was once an occasional and lamentable component
of an already largely inhumane exotic pet industry.
The Pet Animals Act (1951) was amended in 1983 to
outlaw the sale of pets in public places (which include markets)
following the discovery of inherent animal abuse and trauma. This
'1983 amendment' states: 'If any person carries on a business of
selling animals as pets in any part of a street or public place,
or at a stall or barrow in a market, he shall be guilty of an offence.'
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Pet markets involve the public sale of vertebrates (mainly
birds, reptiles,
amphibians and fish,
but also small mammals as well).
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In the early 1990s, exotic pet markets
resurfaced and increased significantly in number. However, generally
speaking, it was not until the late 1990s that local authorities
started to make regular use of the modified Act and commence prohibiting
pet markets. Numerous court rulings and detailed legal appraisals
have substantiated the validity in law as well as the pragmatism
of the pet market ban. This subsequent and ongoing prohibition of
pet markets by almost all local authorities has prevented animal
suffering and illegal trafficking of wildlife and also probably
protected the public from serious infectious animal-based disease.
The Department for Environment, Food and Rural Affairs (DEFRA)
plans to introduce a new Animal Welfare Bill that will attempt to
consolidate and modernise current legislation relating to the welfare
of farmed, domestic and captive animals. In a series of consultation
meetings in 2003, DEFRA made clear its intention to legalise all
trading in pet animals (including itinerant trading) - this to be
'regulated' by a licensing system. Such a development would be contrary
to all experienced independent scientific and legal advice, as well
as some of the government's own legal and ministerial guidance.
DEFRA's proposed action would mean that pet animals would again
be sold legally in markets and public places. Any licensing (legalisation)
of pet markets would create major new problems whilst failing to
solve present problems. Licensing would:
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Animal Aid urges DEFRA to keep pet markets illegal and instead
use the new Animal Welfare Bill to implement far greater control
of pet shops. See our statement
on the bill.
Photo credit: EIA
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- Place an unmanageable burden of enforcement on local authorities
- Incur a huge increase in the cost of effectively policing sales
- Massively weaken the current animal welfare standards of the
Pet Animals Act 1951/83
- Increase threats to public health
- Increase opportunities for the spread of disease amongst pet
animals
- Offer a rich, disturbing and uncontrollable reservoir of infection
with the potential to repeat numerous new foot-and-mouth scale
epidemics in the UK
- Cause an increase in the trafficking of illegal and endangered
species
- Increase the opportunities for release of non-native species
into the environment
Disturbingly, DEFRA admits that some of its key officials who are
responsible for advising ministers on pet markets under the proposed
legislation are themselves exotic pet hobbyists and privately attend
currently illegal pet markets for their own leisure purposes - where
rogue councils allow unlawful events. DEFRA ministers and others
may be unaware that some of their officials have vested interests
in pet groups, and this issue is currently being investigated by
Animal Aid.
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Join Animal Aid in the campaign to ban Britain's largest
wild bird market - send
for a free action pack now.
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