o.k guys I have contacted the seller of this item and I am pasting a portion of their reply.....
"Dear Sirs,
Having a pet trade licence and several courier company accounts our company is well accomplished in legally sending fish through the postal system. I follow EU regulatory guidelines in sending them and am not the only company that specialises in mail order fish. As our local borough council believes us to be capable of keeping, breeding and selling live tropical fish meeting all their health and safety guidelines I believe that we could meet your moral standards of fish care.
eBay policy on selling fish relates mainly to their home country and they have been contacted regarding guidelines for the UK as we will be forwarding them a copy of our pet trade licence shortly to hopefully enable us to use our main account to sell them.
"Royal Mail Standard Parcels" is the standard sending option when posting adverts to sell on eBay and I saw no reason to bother changing this as I believed it was perfectly obvious to anyone that this would not be how the fish were sent. I have however received emails from interested parties which I have responded to detailing the exact methods used to send the fish as stated in the advert we were happy to be contacted for any enquiries. We also offer a live arrival guarantee, although having a 100% track record we have never had to use it.
We posted these adverts on the off chance to see whether fish would sell through eBay, we did expect the adverts to be removed promptly however eBay do not have as strict advert filters as we believed. The adverts were not highly detailed as we didn't think they would be on for more than a few hours at most and it didn't seem worth our while to post full details of care and postage. However every shipment will be sent with a care sheet as happens when the fish are sold through our internet site.
Many thanks for taking the time to consider this email.
Have a pleasant weekend.
Caroline"
so there you go draw your own conclusions.
Myself I will not be bidding on any live animals on ebay or any
other auction site.
I will however always report possible violations of ebays policies to ebay, via their community watch programe.