an email from the RSPCA

[The-Wolf]

I, like many of you, was confused at the legalities of giving away any live animal (especially goldfish) as a prize here in the UK.
So I sent an email to the RSPCA and have just recieved this response.
I have highlighted the act and what we (the general public) should do if we see this happening.

goldfish@fairgrounds
Enquiry:
Hello can you tell me if it is illegal or not to give away goldfish as a prize at fairgrounds here in the UK; if it is can you direct me to the exact legistation stating such and what the general public should do if this pratice is seen.

Response:
Thank you for your enquiry. The RSPCA is opposed to the practice of giving live animals as prizes. The unfortunate goldfish is frequently offered as a prize at fairgrounds and fetes. Sudden fluctuations in water temperature, stress, shock or oxygen starvation are all likely to result in an early death for such fish. Although goldfish do come within the protection afforded by the Protection of Animals Act 1911, it is very difficult to obtain a prosecution on this subject. However, due to public concern, a number of local authorities have made use of the power available to them to prohibit any events on Local Authority land which involves the giving of any live animal as a prize. Therefore, if this gala is being held on Council owned land, you should contact them to report your concerns. People concerned can help by ( A ) boycotting stalls giving goldfish as prizes; ( B ) writing to Local Authorities asking them to ban from their land stalls or events which involve giving animals as prizes; and ( C ) writing to the organisers of the event to express their concern. I hope the above information is of interest to you and thank you again for contacting the Society. Kind regards RSPCA Enquiries Service

so you can see technically it is illegal, but in reality it is a legal nightmare (in regards prossicution).

 

[crazyelece]

Here where I live in the states most of the fairs and festivals (with the cooperation of the local petstore) started using a card system where the winner could go pick up the goldfish from a local petstore. It is cheaper and better for all involved. Maybe you could try enacting some sort of similar program between a local store and fair and see where it goes.

 

[bribones]

sorry wolf but i dont see anywhere in that letter that says its illegal,what they do say is its difficult to prosecute

im sorry to say that i dont hold with such groups as the rspca or the rspb for that matter,they walk a fine line on whats cruel and whats not and in many cases people lose there pets for no other reason than these people think they are a law unto themselves.ive kept birds in perfect healthy conditions for many years ,yet these peple think its cruel,a few years back a neighbour complained about the noise of one of my parrots and i had the rspca conduct an illigal search of my garden and remove the parrot while i was out,they acted outside the law and i persued the matter and got the parrot back,

its people like yourself who put pet owners at risk ,the next thing we know is the rspca will be out checking ponds for overstocking and water conditions,other than the vets these people know bugger all about animals or fish,good job they didnt write to you becouse the paper the reply came on wouldnt be worth squat


sorry if this reply offends but fish keepers dont need more problems from the cruelty brigade and antis ,the rspca should be pointed in the direction of the dealers/importers who sell the fish in the first place

 

[john5748]

Here where I live in the states most of the fairs and festivals (with the cooperation of the local petstore) started using a card system where the winner could go pick up the goldfish from a local petstore. It is cheaper and better for all involved. Maybe you could try enacting some sort of similar program between a local store and fair and see where it goes.

That is a good idea, but I am doubtful it would work in the UK as the fairs that I have been to are normally run by "travellers, gypsies etc" (sorry in advance for any respectable people that fall into this bracket) but I find these people have very little regard for anything.

They come traipsing in, set up for a few days (in which time the crime rate normally soars) and then leave. Leaving behind them a trail of debris and rubbish for the local authority to clean up and ultimatley the rate payer to foot the bill.

I am not a sour puss, but until these people clean up their act I would rather not see them again.

 

[sylvia]

No offense to you John but I think that's a very close-minded view that unfortunately keeps circulating. I don't think it's fair to point a finger at a group of people like that and say they are at fault. I don't mean just in the case of gypsies etc but with other groups of people as well - it isn't fair to generalise like that. To begin with I don't think that they are the only ones giving goldfish as prizes and they are also not the only people involved in organizing events, buying/selling the fish or accepting them as a prize. Anyway, I'm not going to get into that as what I realy wanted to say is that the problem with giving fish as prizes is not just the stress they go through at the fair/trasport but also the fact that the people on the recieving end don't know what their getting themselves into, have not researched and are basicaly aquiaring a pet on impulse. Whether they get it directly from the store or not doesn't matter. Giving animals as prizes is just encouraging mis-informed people to get a pet they know nothing about and don't realy want to be responsible for in the long-term. If anything, I think what they do in the US might be of benefit if they coupled it with a booklet about goldfish and goldfish care to deter people from accepting the prize to begin with. Otherwise, it seems almost as bad as what I have seen being done in the UK. I also don't agree with the view that the RSPCA and similar organisations should not exist or do their job. I can see that you have a personal thing against them bribones but I do think they are helpful in many respects and do help a lot of animals. I do feel they sometimes get involved with things that don't realy concern them and I know a lot of the volunteers know nothing about the animals but at least they care and are doing some good. Just the publicity they generate raises enough awareness, IMO, to justify their existence as they deffinately help to pass laws etc that benefit animals and to keep certain people from being irresponsible or cruel to the pets they are supposed to care for. Don't forget the wild animals they take on. It's a shame they also have to put many of these animals to sleep and the extremists here and there are a pain and just create a negative image but I still think that these organisations have their place and should not be completely written off. If only they cared more about fish though... Sorry if I offended anyone. This is just my opinion so don't take it too seriously .

 

[Seb R]

here here on the gypsies, wreck evrywhere they go (they took over a local school feild (illeagally) and stayed there for 3 months, ruining it completely for all the kids). bit of a generalization but hey.

Anyway its ignorant people who get the fish for tiny ammounts of money to give away, its unlikely that they care what happens, so with callousness or ignorance they only way you can try to disuade poeple from doing this is penalties, if it costs more to do it than it make then they have to stop. Even the can add lol [generalizing joke, not actually meant nastily]

 

[The-Wolf]

I would like to point out, before any more bashing goes on,
that I have family that are Travellers.
I will view any generalisation of Travellers, Gypsies and
Romanies to be a personal affront and I shall do whatever
I can to ensure those responsable are delt with by the
appropriate "powers that be".

 

[black angel]

my family have a romany past and i dont take offence, once again its the minority that mark the majority.

 

[Paul_MTS]

the RSPB aren't all there cracked up to be as my Dad found out when he had a runnings with them.

he runs game shots and the gun club he's with also own a wide area of tidal marsh of which they do breeding programs and are alot more successful about it than the RSPB with there namby pamby ways. there were alot of arguements other land as the gun club also shoot the area and the RSPB were claiming their shooting was a disturbance even though the gun clubs managed to have several pairs of abersets

weather it be legal or not i still don't agree with goldfish being given away at fairs, I like the idea of them given credit at a local store instead or something similiar, this way the prize winner will hopefully be educated by the fish shop they use the voucher at.

 

[KeddyPie]

It bothers be when they give away goldfish... But at our local fairs, and even school carnivals, they sometimes give away things like rabbits, guineapigs, birds...

Though amazingly, thus far, all the ones I've seen at these fair have been in very healthy condition and very friendly animals which I wouldn't expect.. But they could so easily fall into the wrong hands.

Also luckily, carnival games are impossibly to win ^^

 

[RandomWiktor]

sorry wolf but i dont see anywhere in that letter that says its illegal,what they do say is its difficult to prosecute

Errr... actually, it does say it is illegal. Ok, it doesn't say "It is illegal" in those exact words, but it says fish are covered under the law that states giving away animals as prizes and fairs is illegal. Thus by the rules of logic: The Law states that giving away animals as prizes is illegal -> Goldfish are covered by this law -> giving away goldfish as prizes is illegal.
Here is the quote (my emphasis added):
"Although goldfish do come within the protection afforded by the Protection of Animals Act 1911, it is very difficult to obtain a prosecution on this subject"

its people like yourself who put pet owners at risk ,the next thing we know is the rspca will be out checking ponds for overstocking and water conditions

Err... so, having an organization making sure people are taking care of their animals properly is a bad thing? Frankly, its people like you that give a reason for such drastic measures, as you seem to think proper pet care is of little importance. And I hate to say it, but if they are after you about your birds, there probably was a problem regarding suitable cage size, diet, etc. I've worked with many humane groups, and trust me - they're not out looking for pets to snatch; they can hardly afford the care of the animals they currently have.

Anyway, I'm not going to get into that as what I realy wanted to say is that the problem with giving fish as prizes is not just the stress they go through at the fair/trasport but also the fact that the people on the recieving end don't know what their getting themselves into, have not researched and are basicaly aquiaring a pet on impulse. Whether they get it directly from the store or not doesn't matter. Giving animals as prizes is just encouraging mis-informed people to get a pet they know nothing about and don't realy want to be responsible for in the long-term.

Very nicely put. I feel badly, because as a child, we won several goldfish, and they just went in a little bowl that nowadays I wouldn't even keep a shrimp in. They all died within a month of being aquired, because the knowledge my family had of fish was "Clean 'em occasionally, feed 'em plenty, and bowls are fine." Based on what I've seen in pet stores, most people still think this way. So these carnival-won fish more often than not langish in an undersized bowl, develop ammonia poisoning, and die. I don't care how annoying the humane groups can get; nothing justifies letting an animal suffer and die like that.

 

[bribones]

goldfish do come within the protection afforded by the Protection of Animals Act 1911

means there protected as are all animals which fall into the same act ,it doesnt mean its illegal to give them away

so, having an organization making sure people are taking care of their animals properly is a bad thing

no not if these people act within the law and in some cases they dont ,they respond to a neighbour complaining about noise ,a dog left outside in a shower becouse the owners at the shop

but if they are after you about your birds, there probably was a problem regarding suitable cage size, diet,

there was nothing wrong with the cage ,diet or health of my birds i hardlly think a fully planted aviary 18x12 is insufficiant for 2 parrots,i have kept both birds and fish for close on 25 years with no complaints from any organisation and im a member of quite a few,your working on the same asumption that these self made storm troopers made ie you dont know what your talkng about US law and UK law are two different things and the rspca at the time acted outside the law becouse of a disgruntled old fart complaining,my bird was returned and i received an apology


example ,your a new keeper to fish and overstock your pond slightly, a neighbour whos annoyed at the sound of your waterfall complains to the so called humane group ,does this then entitle them to come and remove your fish due to a common error