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Old 10th August 2007   #5 (permalink)
Caleb Leeke
(caleb)
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Originally Posted by Mark View Post
So, how does one prove an animal is captive bred? What if you donít know who the breeder is because they were purchased through a trader? When I sell a cb animal listed above what do I need to provide?
DEFRA have provided some supplementary information here:
http://www.defra.gov.uk/wildlife-cou...bitats-qa2.htm

They suggest 'documentary evidence' as an example of what should be used to prove captive bred status, and that if a case is brought to prosecution, that 'the accused need only show the lawful origin of the specimen on the balance of probabilities, rather than to the prosecutionís standard of beyond reasonable doubt'.

In practice, for a prosecution to be brought, the police would have to suspect that the law had been broken, and would have to convince the CPS that the prosecution would be likely to succeed. If you have 'documentary evidence' to show to the police that your animals are captive bred, or lawfully acquired, then it's extremely unlikely that you'd be prosecuted.

My suggestion would be that anyone keeping Annex IV species should keep records of the origin of their animals, in as much detail as possible. Anything that could identify the individual animals might help, too.

I'd also recommend, if you're selling Annex IV animals, that you state in your advert that they're exempt from the Regulations, and give the reason why.

Anyone buying Annex IV species would be wise to get as much information from the seller as they can, in writing if possible, about the origin of their animals- this is good practice, anyway.
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