YOUR LEGAL DUTY OF CARE
FOR
KEEPING FISH
UNDER
THE ANIMAL WELFARE ACT
INTRODUCTION
A Summary of Your Legal Duty of Care under the
Animal Welfare Act
Some Key Factors
.
• You must not cause fish unnecessary suffering.
.
• You must take all reasonable
steps to meet the welfare needs of all the fish in your care.
.
• It is your responsibility to find
out what those needs are and how to meet them.
.
• If you are the parent or guardian
of a child (under 16 years) you
are responsible for any animal
that child looks after, not the child.
.
• If you fail to meet the welfare
needs of fish in your or your child’s care, you maybe committing an offence and
may be prosecuted.
.
• You can find out more about this
Law and other laws relating to fish from DEFRA. Their address and website is at
the end of Section 5.
A fish’s Welfare needs:
.
• The Animal Welfare Act says that a
fish’s needs include:
.
• The need
of a suitable home and environment.
.
• The need
for a suitable diet.
.
• The need
to exhibit normal (appropriate) behaviour.
.
• The
need to be with, or apart from, other fish.
.
• To be
protected from pain, suffering, injury and disease.
Important decisions that are your responsibility
The most important thing you must consider in order to
keep fish happy and healthy is for you to research their needs. The Law does
not tell you what to do.
.
• There is
no one “perfect” way to care for fish. Every fish and every situation is
different. You should explore the advice • If you are unsure about anything,
you should seek advice from an animal welfare professional, your place of
purchase, or from members of any local Fishkeeping
Society. They hold a wealth of information and are always ready to help and,
lastly, a vet.
Section 1
A fish’s need for a suitable environment
The Law: If you or your child (under
16 years) look after fish, it is your responsibility (Not the child’s)
to take all reasonable steps to ensure the fish have a suitable and safe
environment at all times.
Some Key Factors
.
• Fish’s “environment” includes the water, plants,
heating, filtration and ornaments in the aquarium or pond in which the fish
live.
.
• Living in crowded conditions can
cause fish to suffer and lead to stress, illness or even death.
.
• Fish need the clean water to
which they are accustomed. (This may not be your tap water which may require
treating before it is suitable).
.
• Fish should not be unnecessarily
stressed.
Essential
basic care issues that are your responsibility
.
• Make sure your fish are safe and
secure, including when you are not at home.
.
• Ensure
that the size of your aquarium or pond is suitable for them.
.
• Provide
your fish with a clean aquarium or pond and make sure the water quality remains
suitable for the fish being kept (in some situations test kits are an essential
purchase not an optional extra).
.
• You
should make sure that you provide your fish with suitable but not excessive
light, heat or chemical composition of water. All without major fluctuations.
.
• The
filtration of your aquarium or pond should be maintained in an efficient
working order.
.
• If you
keep your fish outdoor, you must protect them from different climatic
conditions (e.g. strong sunlight, ice).
.
• If
several fish share the same environment, ensure they are suitable to be kept
together and that the stocking remains appropriate. Overstocking can lead to
poor water quality, stress, disease and death.
Section 2
A
fish’s need for a suitable diet
The Law: If you keep fish you must take all reasonable
steps to ensure the appropriate food is available and fed to them to meet all
their dietary needs.
Some Key Factors
.
• Fish needs an appropriately balanced diet to remain
fit and healthy.
.
• Individual fish’s dietary
requirements may vary with the species and size.
.
• By feeding more than they need,
fish may suffer by becoming fat and excess food (uneaten) will lead to the
deterioration of the water quality.
Essential
basic care issues that are your responsibility
.
• Feed your fish on regular basis,
depending on water temperature and the biology of the species concerned (a
little and often is a good rule of thumb).
.
• Adjust
the amount of food you offer your fish to ensure they remain fit and healthy.
.
• Ensure
that you remove all excess uneaten food in 15 minutes. Uneaten food will
release chemicals that will foul the water which will become toxic to fish
resulting in sickness or their death.
.
• Provide
a selection of suitable foods meeting all the nutrient requirements of the
fish; it is doubtful one type of food does this (a varied diet is a beneficial
diet).
.
• If your
fishes’ eating habits suddenly change, seek help. Consult your local retailer,
the FBAS website or even a vet. You could be feeding an inappropriate food, or
your fish could be ill.
.
• Fish are
poikilothermic. They take their body temperature from
the surrounding water. We are monothermic and
maintain a single temperature and like all mammals use approximately 87% of our
food intake just to maintain this. Remember when feeding fish they do not need
that 87%!
It is estimated more fish are killed by overfeeding
and fouling their water than by any other action.
Section
3
A fish’s need to exhibit normal behaviour
The Law: If you look after fish you must take all
reasonable steps to ensure that it has the opportunity and conditions to behave
normally
Some Key Factors
.
• “
.
• An unhappy fish may show reduced
feeding, colour changes, closed finnage or any
abnormal behaviour like hiding in the corner of the aquarium because of stress.
.
• The Introduction of territorial
fish to an existing aquarium can cause stress to all existing inmates. Always
ask before adding to you fish stock that any new comers are compatible with
your existing fish.
.
• Stress can be caused by such
things as rapid changes in water temperature or quality, strong or rapidly
changing light and loud noise can lead fish becoming stress.
Essential basic care issues that are your responsibility
.
• Choose an aquarium’s type and size
that is suitable for your fish and your pocket. The larger the aquarium the
better.
.
• Be
observant. If your fish behaviour changes, it could be distressed, ill or
injured.
.
• If your
fish often shows stressrelated behavior
(e.g. jumping or gasping at the water surface, swimming in an “abnormal” way,
flicking its self against plants or other items like air tubes), are the scales
damage, the fins closed, or any physical damage, wounds on the body etc. Seek help, consult your local retailer, the FBAS website or even
a vet. You could be feeding an inappropriate food, the water condition maybe
poor, the fish could be being bullied or quite simply your fish could be ill.
Section 4
Fish may need to be with, or apart from, other fish
The Law: If you look after a fish you must take all reasonable steps to
ensure that it has the company it requires or not. It should be kept apart from
other fish that may frighten or harm it or it may harm.
Some Key Factors
.
• Some fish live in schools and others are solitary and
prefer to be alone.
.
• Some fish will intimidate or even
fight with fish of their own or related species. Territorial fish will chase
off or fight with any fish that enters their territory. Even quite small fish
can literally herd all the other fish into a corner and take over the majority
of the aquarium.
Essential basic care issues that
are your responsibility
.
• Ensure that you purchase fish
suitable for the aquarium or pond in which you want to keep them. If unsure
always seek advice.
.
• Ensure
that you do not exceed the correct stocking density in your aquarium or pond.
Remember when purchasing them that the fish will grow and increase in size.
.
• Check
that any fish you purchase are compatible with those you already have or are
considering adding to your aquarium or pond at a later date.
.
• Make
sure you don’t buy fish that would fight with there own or other species or are
known to be very territorial, or fish that require significantly different
water parameters (e.g. temperature, salinity, pH) than the fish already in your
aquarium or pond.
.
• When you
are away, ensure that your fish are cared for by a responsible person (e.g. a
neighbour coming to feed them correctly). Remember most people overfeed fish, so ensure anyone looking after your fish
understands their feeding regime.
If
you are away for just two weeks, then, providing the fish are wellfed
and healthy, that filters etc are clean
and fully operational and the water is in good condition it may be best not to
involve a nonfishkeeper to look after them.
Section 5
A fish’s need to be protected from pain, suffering,
injury and disease
The Law:
If you look after a fish you must take all
reasonable steps to ensure that it is protected from pain, suffering, injury
and disease.
Some Key Factors
.
• Most fish health problems are caused by poor water
quality.
.
• Fish are vulnerable to a range of
infectious diseases and other illnesses.
.
• Individual fish and different
species could show suffering in different ways.
.
• A change in the way a fish
behaves can be an early sign that it is ill or in pain.
Essential
basic care issues that are your responsibility
.
• Learn how to ensure that water
quality in your aquarium or pond remains in a good condition.
.
• Obtain
your fish from a reputable source (e.g. OATA members).
Seek expert advice if in doubt.
.
• Closely
examine your fish for signs of injury or illness every day.
Look for continually folded fins, and inappropriate behaviour.
.
• If you
suspect that your fish is in pain, ill or injured remove it at once to a
smaller quarantine aquarium for treatment. In an emergency a clean 5 litre ice
cream container can be used as a treatment tank, by floating it in the
aquarium, filling it with aquarium water and providing fine bubble aeration if
possible. Before treatment consult your retailer, the FBAS website or even a
vet promptly to ascertain the problem and the appropriate treatment.
.
• You
should only administer any chemical treatment to fish if they show obvious
signs of distress, injury or disease. Remember more fish are killed than cured
by unneeded and badly administered fish treatments.
.
• Be alert
to risks and take sensible precautions to prevent your fish from being exposed
to danger or diseases. It is a good idea to select new fish carefully and
quarantine them for at least 7 days (14 if possible) before introducing them to
your aquarium or pond. Herons love
ponds removable netting may be required.
.
• Ask your
retailer for advice about things you can do to protect your fishes’ health and
about treatments to control parasites. Do not flood an aquarium or pond with
chemicals, just in case. Treatments should only be used if there is a specific
need of them.
.
• Treat
sick fish in a separate smaller tank (a 1 litre ice cream container can be
floated in the main tank and used for smaller fish) so that they can be
treated, rather than trying to treat it in the aquarium or pond.
Only use the measured dosage as listed with the cure,
never overtreat. A small treatment tank could also
be used to quarantine any new additions.
Section 6
Neither non-native fish nor non-native plants are to be
disposed of by introduction into any Natural Pond,
The
Law:
If you keep non-
native fish and plants in an aquarium or pond under no circumstances are either
to be disposed of in a situation where they may affect the native fish or
plants, especially if they died through a disease. You must take all the steps
necessary to ensure that both nonnative fish and
plants are disposed of in the correct manner.
Some Key Factors
• Unwanted non-native fish and plants are not to be flushed down a toilet or put
in a river, pond, lake or any waterway.
One way to dispose of unwanted live fish
and plants is to ask the original vendor if they will take it back from you
without cost. Alternatively, offer them to a local Aquarist Society on the same
terms. Some Angling Clubs will take unwanted Native Fish to stock their waters.
.
• Dead fish and unwanted plants are
best cremated. Normal sewage treatment may not prevent fish diseases in the
effluent going through the water treatment system before being returned into
the local river. Already two nonnative plants,
Pennywort and Azolla are present in our waterways.
Further introductions must be prevented.
.
• Some local authorities offer a
disposal system for small animals including fish and plants.
.
• Today most homes have a Microwave
Unit. An excellent means of disposing of dead fish and unwanted plants is
placed them in between a single sheet of newspaper, Microwaved
for 4 minutes at 600watts then wrapped in the paper and put in your rubbish
bin.
Some Useful Contacts
FishOrphans – The
national fish rehoming scheme; http://www.FishOrphans.com
IFOCAS. The International Federation of
Online Clubs and Aquatic Societies.
http://www.IFOCAS.Org
FBAS
Federation of British Aquarist Societies www.fbas.co.uk
DEFRA
(Department for Environment Food & Rural Affairs)
DEFRA |
Helpline |
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telephone |
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08459 |
335577 |
or |
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email |
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Information |
Resource |
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Nobel House, |
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OATA (Ornamental Aquatic Trade
Association)
An
organization of manufacturers of both Aquatic Equipment and Outlets dealing in
Pet Fish Sales including Pet Shops and Garden Centres, that, as members of
OATA, maintain a high standard.
st Floor
Suite, Wessex House,
CITES
LISTED FISH
(Convention on International Trade in Endangered
Species)
Certain species of fish are listed by the EU Wildlife Trade
Regulations and these
with others appear on the CITES, ‘A’, ‘B’ and ‘C’ Lists.
A full list with explanation is available on the FBAS website.
Beware if purchasing
fish on a private basis, as some species are restricted.
Purchase from a commercial fish outlet that is an OATA member or from
members of local Aquarist Societies who wish to sell on surplus stock.
If in doubt do not purchase.