Legal Captive Breeding

[yago]

How you can prove that your newts are captive breed?
You can almost get all the specimens of triturus from other enthusiasts breeders, which claim captive breeding. But, once you acquire some specimens of newts and breed them successfully, how can you sell the elfts in a legal way in order to provide newts to other enthusiasts? By doing so, wild captured newts from no EU countries won’t be needed and therefore their population won’t be at risk. As a newt enthusiast I have experience a big difficulty in acquiring any European specimens. So I would like to get in contact with other enthusiast and exchange or buy captive breed newts and try to breed them under legal matters. May be by doing so we can provide awareness on those ‘unknown’ and fascinating animals, as well as providing a reliable constant source of captive breed newts to any enthusiast around Europe.
Please, don’t hesitate to contact me.
Sincerely
Yago

 

[kai]

Hi Yago,

Well, the exact procedures vary with the country you are living in (and the country of origin if you get the CB offspring from abroad). For species protected under CITES the law is pretty comparable internationally (of course): each individual needs to have a special documentation of origin (akin to an ID card) and you may also need permits to just transfer it to another location/owner (even within a given country).

No European amphibia are listed under CITES but most/all amphibian taxa are protected in EU countries. You need to check the respective national laws (incl. relevant decrees, etc.) to really know what you have to do. Most likely you'll have to report any offspring to the local authorities (as well as proving the legal origin of the parents if you don't have to report the possesion of these in the first place). You may then get some official slip of paper which is supposed to accompagny the offspring if you give it away or have to prepare/sign such a "letter of origin" yourself. And most certainly you'll need such a certificate for legally aquiring newts as well. Transboundary exchange opens up a whole nother can of worms - be prepared to need permits for exporting them from the country of the breeder and permits for importing them into your country, especially if the following species are concerned:
Chioglossa lusitanica
Euproctus asper
Euproctus montanus
Euproctus platycephalus
Hydromantes/Speleomantes ambrosii
Hydromantes/Speleomantes flavus
Hydromantes/Speleomantes genei
Hydromantes/Speleomantes imperialis
Hydromantes/Speleomantes italicus
Hydromantes/Speleomantes strinatii
Hydromantes/Speleomantes supramontis
Proteus anguinus
"Salamandra" luschani (formerly in Mertensiella)
Salamandra atra
Salamandra lanzai
Salamandrina terdigitata
Triturus carnifex
Triturus cristatus
Triturus dobrogicus
Triturus italicus
Triturus karelinii
Triturus marmoratus (incl. pygmaeus)

Other caudates may have somewhat laxer legal requirements but that depends on your country's legislature. It may be a good idea to collect info on different countries to make exchanges easier for those interested - John, how about putting this on the website? I could supply the relevant info for German legislature. (Of course, we'd need to add a strong disclaimer since legislature can change anytime but it would certainly helpful to have at least some ideas and the correct contact adresses for a start.)

Best wishes,
kai

 

[caleb]

I don't know specifics on other EU/EEC countries, but within the UK, there's no control on trade in non-native Triturus species. Native ones can only be traded if they're second-generation captive bred. There's no official documentation to prove captive bred status.

The two common species (T. vulgaris & T.helveticus) can be taken from the wild without a licence (with the landowner's permission), T.cristatus cannot be taken (or disturbed in any way) without a licence.

I was told a few years ago by the DoE (now DEFRA) that there is no control on trade in captive bred Triturus species within the EU/EEC, so you could buy newts from another EU/EEC country without the need for any import/export documentation.

Obviously the burden of proof would be on you to prove that they are captive bred.

The DEFRA web site has all the legal information for the UK:
http://www.defra.gov.uk

I think that Marc Staniszewski will supply his captive bred stock to EU/EEC countries:
http://www.amphibian.co.uk/

Hope that helps.

 

[yago]

Thank you a lot for your replies
I am from Barcelona, Spain, and I have been an enthusiast since I was 6 years old. Now I am 25 and I do share my passion with some fellows from Spain. We have reproduced successfully all the Spanish caudate and other species; we have even keep triturus boscai juveniles completely aquatic as well as other species. Unfortunately, it has been really hard for us to get non-Spanish species and I do think that this problem is everywhere since there is nobody reproducing and providing a sustainable supply of newts around Europe.
We have a hired a house which acts as our ‘newts temple’. One of my mates works in a pet shop and is a real connoisseur on newts. We thought that may be could be a good idea to try to get all the European species and bred them in captivity in order to supply other European enthusiast with those fascinating little animals. By doing so we can provide captive assessment, studies, knowledge and the possibility for every enthusiast to enjoy any newt species without putting local populations at risk. We even thought about repopulating some affected areas. Nowadays is just a proposal which I expect opinions from any enthusiast and help to get this done by giving us information on legal matters, getting captive breed newts and so on.
I appreciate any comment, suggestion and information.
I hope to hear from you soon
Sincerely
Yago

 

[kai]

Hi Yago,

Reintroductions (of any organisms) need to be scientifically monitored (to make sure that no non-indigenous parasites/diseases are introduced as well as for genetic reasons) and need to be done with offspring with the most closely related extant population(s). Basically it's a really big can of worms which one should keep closed in general.

In most cases, it's avoidable - just restore suitable habitats and many times newts will show up from remaining local populations. This is a very valuable approach which works well on a local scale with (often) low costs.

IMHO commercial trade with wild-caught (European) caudates should be banned and as far as I'm aware, there are hardly any countries left where commercial collecting is still legal.

So breeding available species and distributing offspring to interested/dedicated folks is certainly a good idea. There are also studbook projects for several species which help to coordinate breeding efforts of all participants.

Best wishes,
kai

 

[kai]

Hi Caleb,

There you go: http://www.defra.gov.uk/wildlife-countryside/ewd/rrrpac/echabitats/index.htm (cp. chapter 2 of the full document). Could you try to find out what those Regulations 38-43 implement? They are supposed to cover all those caudate species which I listed above (Habitats Directive under the Natura 2000 iniative)!

Moreover, since nature conservation law isn't harmonized within the EU/EEC, what documentation you might need is still dependant on the legislation of the respective country/countries.

Best wishes,
kai

 

[caleb]

Hi Kai.

As I understand it, the Habitats Directive demands that EU/EEC countries identify Special Areas of Conservation (SACs) for the species and habitats involved, and regulate the taking of these species from the wild.

The only relevant caudate/urodele species native to the UK is T. cristatus. The UK government has identified a number of sites to be considered as SACs, and capture of this species is already prohibited by the Wildlife and Countryside Act.

I don't think there is any obligation to regulate the non-native species on the list- there are introduced T. carnifex populations in the UK, and these are not protected in any way.

You probably know that T. karelinii and T. cristatus are commercially collected in ex-Soviet states, and hence wild caught T. karelinii are freely (if rarely) available in the UK. Non-native T. cristatus are subject to the same control as native ones, so cannot be sold here without a licence.

Hope that helps.

 

[john]

I was recently asked the question of whether or not captive bred Triturus cristatus are legal to possess in the UK without a licence. I would have to say no, but there does seem to be a culture of "it's ok really" - what do you think Caleb?

 

[kai]

You UK guys should have a look at those Regulations 38-43 - they are explicitely cited to regulate all Habitat Directive species (not just the native subset of them - check out the pdf!).

There are probably exemptions for "old stocks" (in captivity before establishment of the relevant law) and if a CB origin can be reasonably shown (e.g. a letter of origin from the breeder), all you may have to do is reporting them to the appropriate authorities. A little paperwork may save you some trouble later on...

Best wishes,
kai

 

[kai]

P.S.: Introduced populations of those species may not given full protection or may even be eradicated if necessary. Most likely this will need specific permits though.

 

[caleb]

John:

Captive bred T. cristatus are definitely legal to possess and sell in the UK. The onus is on the owner to prove captive bred status. The government's definition of captive bred is a bit more stringent than that used by most hobbyists. It's shown here as an example for invertebrates, but it is used more generally in paper publications.
http://www.defra.gov.uk/paw/publications/law/3_11_5.htm

Basically, an animal is captive bred if both of its parents were born in captivity. If one or both parents were taken from the wild, it's captive reared. There are a few people in the UK who sell captive bred T. cristatus eggs quite legally.

Kai:

http://europa.eu.int/comm/environment/nature/habdir.htm

Article 12 is the one we're talking about: It states that:

"1. ... protection for the animal species listed in Annex IV (a) in their natural range, prohibiting", then lists capture/killing/disturbance etc.

it goes on to say:

"2. For these species, Member States shall prohibit the keeping, transport and sale or exchange, and offering for sale or exchange, of specimens taken from the wild, except for those taken legally before this Directive is implemented."

So obviously any animals you might have had since before this came in would be exempt, as would captive bred specimens.

The question as to whether the member states would have to prohibit keeping and trade of all the species on the list hinges on the meaning of "these species" in the second paragraph. Does it refer to "the animal species listed in Annex IV (a) in their natural range" from paragraph 1, or just "the animal species listed in Annex IV (a)"?

The UK implementation of the Regulation is the Conservation (Natural Habitats, &c.) Regulations 1994, which is at:
http://www.hmso.gov.uk/si/si1994/Uksi_19942716_en_1.htm

It gives protection to "European Protected Species", which are listed in its schedule 2: these are clearly only the species native to the UK.

It's quite possible that other countries might interpret it differently.

 

[timmytool]

ARE there any laws (outside of endangered) to prevent someone from breeding/selling in the USA?


since someone brought it up.

 

[john]

If you mean Triturus species, then no, you should be fine within the US. CITES-listed species and some North American species are another matter (and it depends on your state's local laws).

 

[edward]

There is one other thing to double check prior to getting/selling/trading any species in the US. If the species is recognized on the US's ESA list then you will need interstate permits to ship them over state lines. Otherwise you will be in violation of the LACY Act.
Ed

 

[kai]

Thanks for the link to the regulations, Caleb.

I'm pretty sure that UK's interpretation of the Habitat Directive is wrong - at least with plants (Article 13) it's explicitely stated, that _all_ listed species need to be prohibited (from keeping/trading) even if they are not native to the respective member country. I'd argue that the same was meant for animals (paragraph 1 deals with specimens in the wild were a restriction to their natural range makes sense to exclude introduced populations from an obligatory conservation status whereas the other paragraphs are also applicable to more general considerations) but I realize that law and common sense don't necessarily go along with each other...

Best wishes,
kai

 

[neil]

Well done to you all for airing this subject. Although it would still seem impossible for a breeder to catagorically prove that individuals of T. cristatus, for example, in his possesion are captive bred or wild caught, as to all intents and purposes they would be impossible to distinguish. To an over zelous inspector, possesion of T. cristatus would be equivalent to the 'smoking gun' senario, and unlike in all other criminal investigations in this case you are guilty until proven innocent.
Similar situations are found in the keeping of British Birds, were it is only legal to keep those which are close-rung,(with official rings obtained from the British Bird Council) and were bred from legally held parents (also close-rung and bred from legally held parents etc etc), if a chick is rung slightly early and the ring comes off without the breeder being aware, keeping of the fledgling would illegal, whilst it's nest mates whose rings are in place are legally OK.
Sorry, I digress.
Given a senario where you have raised from legally bought eggs, T cristatus morphs and then released them into a garden pond on your property, would it be illegal to remove them for breeding purposes when they are adults?

 

[john]

If you can prove they were captive bred from captive bred, then it doesn't matter where you were keeping them - an aquarium, the kitchen sink, the gardon pond .

 

[kai]

Well, it all depends on your local legislature, Neil. Keep in mind, that captive bred means that both parents need to be born (or originate from eggs laid) in captivity - and legally at that! I'm not sure wether UK authorities will accept breeding in garden ponds as CB or allow outside rearing.

In Germany, which has very strict laws, putting CB (or non-native) newts into a (not escape-proof) garden pond is already illegal. And re-catching them would be another felony (conservation laws apply also to private property and organisms living there). I'd suggest to be very, very careful with outside keeping - it's too easy to spread diseases to local populations as well as introducing genes which may not naturally be part of the local gene pool (with specimens originating from other areas/countries). The latter is probably not much of a problem with newts native to the UK (recent postglacial recolonisation) but may pose severe consequences in southern or even central European countries.

One advantage with the strict laws in Germany is that you have to immediately report the keeping of all protected species (i.e. all European and a few other caudates) as well as any breeding success to the local authorities (many species get individual identification tags but amphibia and fishes are exempt). Once this is done, you can claim to have a "stamp of approval" and won't have the burden to prove that your stock is CB.

In any case, I think that everyone should keep a book with detailed records on aquiring/breeding/distributing/death of all specimens. If this is well maintained and kept up to date, it should help to prove your case if need be.

Best wishes,
kai