EPS Legislation - What Pet Shops Don't Know Might Hurt You

[Ssthisto]

This is an article I wrote for the PKL - but I thought it might do some good here, too.

European Protected Species Legislation
What the Pet Shop Doesn’t Know Might Hurt You.

On the 21st of August, 2007 an amendment to the 1994 Conservation (Natural Habitats &c) Regulations came into force. This amendment is the “European Protected Species Act” (hereafter called the EPS) – and it might just affect you if you own any European species of animal. This is because the EPS lists a number of species that are now legally protected.

In order to own animals of any EPS List species, you must be able to do one of the following if challenged:

1. Prove that your animals were born in captivity.
2. Prove that your animals were wild-caught outside the EU.
3. Prove that you personally have owned your animals since 1993 – before the laws came into force in the EU.
4. Obtain a license to keep your animals from the government agency Natural England.

What can I do now … and before I buy?

If you buy a European animal from a shop or another keeper, you need proof of origins – this will help you if your ownership of your animals is challenged. Before you hand over money, make sure the seller is willing to work within the law and provide you with some basic paperwork on the animal.

Ask the seller for:

1. A dated receipt listing the specific animal you are buying – for example, “One CB male ’06 Leopard Rat Snake (Zamenis situla)”. Keep this somewhere safe for your records.
2. A signed statement of the origin of the animal. You need to know:
   a. Was it captive bred – and by whom?
   b. Was it wild caught? If so, who imported it, and what country did it come from?

I know shop keepers and private sellers are busy people and you may meet with some resistance – but remember that this is an issue with the law. You’re protecting your right to continue to own those animals – and if the seller won’t give you some sort of paperwork on them, you should buy somewhere else.

If you bought animals before 21st of August 2007…

Please don’t think the new laws don’t apply to you. They do – and you still need to be able to prove their origins if your ownership is challenged. The Court is instructed to think of all EPS animals as wild caught in the EU (and requiring a license) unless proven otherwise – so you need as much documentary proof as you can get.

• If you bought from a shop, contact the shop you bought your animals from. Ask them for a statement of origin – you might not be successful, but you might find they remember where they got them. Many shops do keep records of the animals they sell.
• If you bought from a private seller, try to get in touch and see if they remember selling to you – even a statement that they sold you the animals in “February 2006” might be enough.
• And if you can’t contact the shop or seller, keep records of how long you’ve had them, photographs of the animals and any vet records. These may help to prove how long you’ve had them.

Common EPS Animals in the Pet Trade

The animals listed here are NOT a complete list of animals protected on the European Protected Species list. These are just a selection of the ones that I personally have seen in the pet and exotics trade – some of them in my local shops. For a more complete listing, please ask me for the “Damned if you Do, Damned if You Don’t” article on EPS Licensing.

Reptiles:

Tortoises and Turtles:
Mediterranean Spur-Thighed and Greek Tortoises (Testudo graeca)
Hermann’s Tortoises (Testudo hermanni)
Marginated Tortoise (Testudo marginata)
European Pond Turtle (Emys orbicularis)

Lizards:
Lacertids:
European Green Lizard (Lacerta viridis)
Viviparous/Common Lizard (Lacerta (Zootoca) vivipara pannonica)
Common Wall Lizard (Podarcis muralis)
Skinks:
Oscellated / Eyed Skink (Chalcides ocellatus),
Gran Canaria / Emerald Skink (Chalcides sexlineatus)
Chameleons:
Mediterranean Chameleon (Chamaeleo chamaeleon)
Agamids:
Starred Agama (Stellio (Laudakia, Agama) stellio)
Anguids:
Giant European Glass Lizard, Sheltopusik (Ophisaurus (Pseudopus) apodus)

Snakes:
Colubrids:
Large Whip Snake (Coluber caspius)
Cyprus Whip Snake (Coluber cypriensis)
Black Whip Snake (Coluber jugularis)
Smooth Snake (Coronella austriaca)
Aesculapian Snake (Elaphe longissima)
Four-Lined Rat Snake (Elaphe quatuorlineata)
Leopard Rat Snake (Elaphe (Zamenis) situla)
Dice Snake (Natrix tessellata)
European Cat Snake (Telescopus falax)
Boids:
Javelin Sand Boa (Eryx jaculus)

Amphibians:
Newts and Salamanders:
Italian Crested Newt (Triturus carnifex (Triturus cristatus carnifex))
Marbled Newt (Triturus marmoratus)
Frogs and Toads:
Fire-Bellied Toad (Bombina bombina)
Yellow-Bellied Toad (Bombina variegata)
European Green Toad (Bufo viridis)
European Tree Frog (Hyla arborea)

And why do you care?

I’m an owner of a species on the list – a pair of Sheltopusik legless lizards. I obtained them in February 2006 from another private keeper with the intent of breeding them, and there was no paperwork or even a receipt. All I got when I bought Chumley and Tananda was a couple of pillowcases to carry them in. We suspect they were wild caught since they are both adults – but without documentary proof they were caught outside the EU, we’re walking a risky path keeping them. We may not be able to obtain a license simply because we have no proof of origin.

So what do we do with them?
No proof of origin. No references to prove we can take care of them. I don’t want to see perfectly healthy animals put to sleep because their owners can’t afford the fine or the potential jail time. We can’t release them into the wild – that’s an illegal act itself – and they’d probably die anyway. And we could try to hide them indefinitely… but what happens if they need vet care?

We’re stuck. Do we kill healthy animals, or do we put the rest of our animals at risk should we be prosecuted?

European Protected Species Legislation – It isn’t protecting them, is it?

[Fixx]

Can a mod Sticky this please

Very well written Ssthisto.

[DeanThorpe]

European Protected Species Legislation – It isn’t protecting them, is it?
In the case of those already in captivity, absolutely not no.

Do you know if Lacerta lepida, the eyed lizard is on the list?
can I have the damned if you do... article please?

[Ssthisto]

Originally Posted by DeanThorpe

European Protected Species Legislation – It isn’t protecting them, is it?
In the case of those already in captivity, absolutely not no.

Do you know if Lacerta lepida, the eyed lizard is on the list?
can I have the damned if you do... article please?

No, Lacerta lepida is not on the list at this time.

And I'll post "Damned if you Do" next.

I'm also planning on writing one similar to this aimed at shop owners and sellers.

[reaper_667]

so who checks on the receipt or letter saying that its captive breed? what happens next do they then go and check the breeders reps and what happens if he has a letter do they keep going back till either the grandparents of the lizards are dead or what if the breeder is no longer available or the shop he baught his original animals from closed? since no list of animals actually exists who's word do they take?

[Blaptica]

It is unreasonable to set up legislation where you are expected to provide proof of purchase (as c/b) for an animal you have had for many years, especially when you did not know when you bought it you would potentially need to provide that proof many years later.

BUT I see no evidence that "the authories" are doing anything else but applying common sense. I Cannot see the crown prosecution service with the help of Natural England prosecuting somebody with a few of the animals on the list that they have had for a few years. There is no evidence that Natural England is taking any interest in what pet shops are selling.

But a few years ago there were some cases of individuals travelling around Europe and catching large numbers of Amphibians for commercial profit. They were supposedly protected species within the country of origin, but magically were legal once in the UK. If the legislation helps to reduce that then I will be all for it.

[Mendipmonsters]

Just a note. Pet shops/reptile shops are required under their licensing rules to keep a record of all vertibrate animals sold.

[Blaptica]

Why is that important in regard to the EPS legislation ?

[Turner89]

This is a great article you have written! very informative, it seems information is the only way forward to protect the reptiles that we love, and CARE for!

well done you!