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Thread: Arrested for cruelty to fish..

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    Administrator brewmaster15's Avatar
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    Default Arrested for cruelty to fish..

    https://www.nbcnews.com/news/us-news...inity_20190408

    North Carolina man charged with animal cruelty after abandoning pet fish
    This "is a life like any dog or cat," a sheriff's officer said of the fish, which was found diseased and with no food.


    April 8, 2019, 5:56 PM EDT
    By Minyvonne Burke and Associated Press
    A North Carolina man was charged with animal cruelty and abandonment after leaving his pet fish in filthy conditions.

    The fish's owner, Michael Hinson, was evicted from his Wilmington, North Carolina, home last month and left the fish behind in a dirty tank with no food, authorities said.

    The 6-inch-long fish was found at the home last week, and authorities took it to The Fish Room, a shop that sells pet fish and supplies, where it was discovered that the fish was suffering from hole in the head disease, which causes lesions.

    "It's amazing this fish survived," shop employee Brett Edwards told NBC News on Monday. "I have personally never seen a case this bad."

    Image: Michael Hinson faces charges after he abandoned his pet fish.
    Michael Hinson faces charges after he abandoned his pet fish.New Hanover County Sheriff's Office
    Edwards said that the fish had about 15 holes in its head when he was brought to their store last week. Now, the fish just has dents where the holes had been.

    Edwards said fish develop the disease by being left in "very, very poor conditions for quite some time." The fish had to survive by eating cockroaches that fell into the tank, according to Edwards.

    Hinson, 53, was charged Wednesday with one count of abandonment of an animal and three counts of misdemeanor cruelty to animals. He couldn't be reached by The Associated Press, and court records don't list an attorney.

    Sheriff's Office Lt. Jerry Brewer in New Hanover County said it's the county's first animal cruelty case involving a pet fish, but this "is a life like any dog or cat."

    The Fish Room has been treating the fish's disease and expects it to make a full recovery, although Edwards said it's hard to tell when it will be 100 percent healthy because of how severe the case was. Once the fish does recover, officials will most likely find a new home for it.

    "We're doing everything in our power to get this fish back healthy," Edwards said.
    pretty sure this is a first...
    Last edited by brewmaster15; 04-08-2019 at 07:45 PM.
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    Administrator brewmaster15's Avatar
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    Default Re: Arrested for cruelty to fish..

    I would be interested in your thoughts. Though I detest when people take poor care of their fish... There are fundamental differences between a pet fish and a cat or dog.

    I can see this case raising discussions and questions on things like feeding livefish to predatory fish or even culling fish.

    I also have to question that the fish in this article went from the worst case of HITH the worker at the petshop has seen to barely visible dents in a few weeks.. That is an incredible turn around. ... and the whole " fish had to subsist on cockroaches falling in the tank" bit seems a bit much.

    I find it appalling the guy left the fish when he was evicted.A 2 second post on craiglist would have found it a home. But for all this effort to go into an abandoned fish makes me wonder what it would be like if the police applied animal cruelty laws to LFS that kept Discus in inappropriate care... or even hobbbyists, both we know are frequent problems.

    No idea the whole story here but do we really want to equate an aquarium fish with being the same as a cat or dog?

    Its a thought provocative article at the least.

    al
    Last edited by brewmaster15; 04-08-2019 at 10:46 PM.
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    Homesteader RogueDiscus's Avatar
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    Default Re: Arrested for cruelty to fish..

    I think there are laws regarding euthanizing your own dog or cat. Do people still drown undesirable pups and kittens (they did when I was a kid)? Once it was in the hands of the LFS, were they then responsible and required to try to improve it's health? Your point about LFS is good. You can walk in most days and find dead fish.
    I think abandonment is the issue.

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    Default Re: Arrested for cruelty to fish..

    The only mitigating circumstance for me or my justifiication here is the fact that he was evicted. Other than that it's an act of cowardness and irresponsibility to abandon any living creature and just let it die in a slow and painfull death, at least IMO .
    Creating and enforcing strict laws about proper fish keeping to LFS and further more hobbists is next to impossible IMO .

  5. #5
    Administrator brewmaster15's Avatar
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    Default Re: Arrested for cruelty to fish..

    I'm fairly sure that in the USA fish are not even covered under the animal welfare act that governs how animals must be cared for. I know its tempting to want them to be but that is a huge regulatory hurdle as the act covers all aspects of their husbandry and euthanization.

    Obviously I don't think this guy treated his well, but I will be interested to see if this gets thrown out.

    In research I did note that our British members actually have a law governing what they are responsible for with regards to their fish...
    http://www.fbas.co.uk/FISH%20CARE%20and%20LAW.pdf


    YOUR LEGAL DUTY OF CARE FOR KEEPING FISH UNDER THE ANIMAL WELFARE ACT FIRST EDITION © FBAS 2008 RDE/RCM
    INTRODUCTION A Summary of Your Legal Duty of Care under the Animal Welfare Act Some Key Factors • You must not cause fish unnecessary suffering. • You must take all reasonable steps to meet the welfare needs of all the fish in your care. • It is your responsibility to find out what those needs are and how to meet them. • If you are the parent or guardian of a child (under 16 years) you are responsible for any animal that child looks after, not the child. • If you fail to meet the welfare needs of fish in your or your child’s care, you maybe committing an offence and may be prosecuted. • You can find out more about this Law and other laws relating to fish from DEFRA. Their address and website is at the end of Section 5. A fish’s Welfare needs: • The Animal Welfare Act says that a fish’s needs include: • The need of a suitable home and environment. • The need for a suitable diet. • The need to exhibit normal (appropriate) behaviour.• The need to be with, or apart from, other fish. • To be protected from pain, suffering, injury and disease. Important decisions that are your responsibility The most important thing you must consider in order to keep fish happy and healthy is for you to research their needs. The Law does not tell you what to do. • There is no one “perfect” way to care for fish. Every fish and every situation is different. You should explore the advice available as is found in the Federation of British Aquarist Societies’ Care Sheets on the FBAS Website www.fbas.co.uk• If you are unsure about anything, you should seek advice from an animal welfare professional, your place of purchase, or from members of any local Fishkeeping Society. They hold a wealth of information and are always ready to help and, lastly, a vet. (See page 13 of the Basic COPs & General Advice on Fishkeeping). FBAS 2008 2
    Section 1 A fish’s need for a suitable environment The Law: If you or your child (under 16 years)look after fish, it is your responsibility (Not the child’s) to take all reasonable steps to ensure the fish have a suitable and safe environment at all times. Some Key Factors • Fish’s “environment” includes the water, plants, heating, filtration and ornaments in the aquarium or pond in which the fish live. • Living in crowded conditions can cause fish to suffer and lead to stress, illness or even death. • Fish need the clean water to which they are accustomed. (This may not be your tap water which may require treating before it is suitable). • Fish should not be unnecessarily stressed. Essential basic care issues that are your responsibility• Make sure your fish are safe and secure, including when you are not at home. • Ensure that the size of your aquarium or pond is suitable for them. • Provide your fish with a clean aquarium or pond and make sure the water quality remains suitable for the fish being kept (in some situations test kits are an essential purchase not an optional extra). • You should make sure that you provide your fish with suitable but not excessive light, heat or chemical composition of water. All without major fluctuations. • The filtration of your aquarium or pond should be maintained in an efficient working order. • If you keep your fish outdoor, you must protect them from different climatic conditions (e.g. strong sunlight, ice). • If several fish share the same environment, ensure they are suitable to be kept together and that the stocking remains appropriate. Overstocking can lead to poor water quality, stress, disease and death. 3 FBAS 2008
    Section 2 A fish’s need for a suitable diet The Law:If you keep fish you must take all reasonable steps to ensure the appropriate food is available and fed to them to meet all their dietary needs. Some Key Factors • Fish needs an appropriately balanced diet to remain fit and healthy. • Individual fish’s dietary requirements may vary with the species and size. • By feeding more than they need, fish may suffer by becoming fat and excess food (uneaten) will lead to the deterioration of the water quality. Essential basic care issues that are your responsibility• Feed your fish on regular basis, depending on water temperature and the biology of the species concerned (a little and often is a good rule of thumb). • Adjust the amount of food you offer your fish to ensure they remain fit and healthy. • Ensure that you remove all excess uneaten food in 15 minutes. Uneaten food will release chemicals that will foul the water which will become toxic to fish resulting in sickness or their death. • Provide a selection of suitable foods meeting all the nutrient requirements of the fish; it is doubtful one type of food does this (a varied diet is a beneficial diet). • If your fishes’ eating habits suddenly change, seek help. Consult your local retailer, the FBAS website or even a vet. You could be feeding an inappropriate food, or your fish could be ill. • Fish are poikilothermic. They take their body temperature from the surrounding water. We are monothermic and maintain a single temperature and like all mammals use approximately 87% of our food intake just to maintain this. Remember when feeding fish - they do not need that 87%! It is estimated more fish are killed by over-feeding and fouling their water than by any other action. FBAS 2008 4
    Section 3 A fish’s need to exhibit normal behaviour The Law:If you look after fish you must take all reasonable steps to ensure that it has the opportunity and conditions to behave normally Some Key Factors • “Normal” behaviour means the appropriate behaviour for the species. • An unhappy fish may show reduced feeding, colour changes, closed finnage or any abnormal behaviour like hiding in the corner of the aquarium because of stress. • The Introduction of territorial fish to an existing aquarium can cause stress to all existing inmates. Always ask before adding to you fish stock that any new comers are compatible with your existing fish. • Stress can be caused by such things as rapid changes in water temperature or quality, strong or rapidly changing light and loud noise can lead fish becoming stress. Essential basic care issues that are your responsibility• Choose an aquarium’s type and size that is suitable for your fish and your pocket. The larger the aquarium the better. • Be observant. If your fish behaviour changes, it could be distressed, ill or injured. • If your fish often shows stress-related behavior (e.g. jumping or gasping at the water surface, swimming in an “abnormal” way, flicking its self against plants or other items like air tubes), are the scales damage, the fins closed, or any physical damage, wounds on the body etc. Seek help, consult your local retailer, the FBAS website or even a vet. You could be feeding an inappropriate food, the water condition maybe poor, the fish could be being bullied or quite simply your fish could be ill. 5 FBAS 2008
    Section 4 Fish may need to be with, or apart from, other fishThe Law: If you look after a fish you must take all reasonable steps to ensure that it has the company it requires or not. It should be kept apart from other fish that may frighten or harm it or it may harm. Some Key Factors • Some fish live in schools and others are solitary and prefer to be alone. • Some fish will intimidate or even fight with fish of their own or related species. Territorial fish will chase off or fight with any fish that enters their territory. Even quite small fish can literally herd all the other fish into a corner and take over the majority of the aquarium. Essential basic care issues that are your responsibility• Ensure that you purchase fish suitable for the aquarium or pond in which you want to keep them. If unsure always seek advice. • Ensure that you do not exceed the correct stocking density in your aquarium or pond. Remember when purchasing them that the fish will grow and increase in size. • Check that any fish you purchase are compatible with those you already have or are considering adding to your aquarium or pond at a later date. • Make sure you don’t buy fish that would fight with there own or other species or are known to be very territorial, or fish that require significantly different water parameters (e.g. temperature, salinity, pH) than the fish already in your aquarium or pond. • When you are away, ensure that your fish are cared for by a responsible person (e.g. a neighbour coming to feed them correctly). Remember most people over-feed fish, so ensure anyone looking after your fish understands their feeding regime. If you are away for just two weeks, then, providing the fish are well-fed and healthy, that filters etc are clean and fully operational and the water is in good condition it may be best not to involve a non-fishkeeper to look after them. FBAS 2008 6
    Section 5 A fish’s need to be protected from pain, suffering, injury and diseaseThe Law: If you look after a fish you must take all reasonable steps to ensure that it is protected from pain, suffering, injury and disease. Some Key Factors • Most fish health problems are caused by poor water quality. • Fish are vulnerable to a range of infectious diseases and other illnesses. • Individual fish and different species could show suffering in different ways. • A change in the way a fish behaves can be an early sign that it is ill or in pain. Essential basic care issues that are your responsibility• Learn how to ensure that water quality in your aquarium or pond remains in a good condition. • Obtain your fish from a reputable source (e.g. OATA members). Seek expert advice if in doubt. • Closely examine your fish for signs of injury or illness every day. Look for continually folded fins, and inappropriate behaviour. • If you suspect that your fish is in pain, ill or injured remove it at once to a smaller quarantine aquarium for treatment. In an emergency a clean 5 litre ice cream container can be used as a treatment tank, by floating it in the aquarium, filling it with aquarium water and providing fine bubble aeration if possible. Before treatment consult your retailer, the FBAS website or even a vet promptly to ascertain the problem and the appropriate treatment. • You should only administer any chemical treatment to fish if they show obvious signs of distress, injury or disease. Remember more fish are killed than cured by un-needed and badly administered fish treatments. • Be alert to risks and take sensible precautions to prevent your fish from being exposed to danger or diseases. It is a good idea to select new fish carefully and quarantine them for at least 7 days (14 if possible) before introducing them to your aquarium or pond. Herons love ponds - removable netting may be required. 7 FBAS 2008
    • Ask your retailer for advice about things you can do to protect your fishes’ health and about treatments to control parasites. Do not flood an aquarium or pond with chemicals, just in case. Treatments should only be used if there is a specific need of them. • Treat sick fish in a separate smaller tank (a 1 litre ice cream container can be floated in the main tank and used for smaller fish) so that they can be treated, rather than trying to treat it in the aquarium or pond. Only use the measured dosage as listed with the cure, never over-treat. A small treatment tank could also be used to quarantine any new additions. Section 6 Neither fish nor plants are to be disposed of by introduction into any Natural Pond, Lake, River or Waterway The Law: If you keep none native fish and plants in an aquarium or pond under no circumstances are either to be disposed of in a situation where they may affect the native fish or plants, especially if they died through a disease. You must take all the steps necessary to ensure that both non- native fish and plants are disposed of in the correct manner. Some Key Factors • Unwanted none-native fish and plants are not to be flushed down a toilet or put in a river, pond, lake or any waterway. One way to dispose of unwanted live fish and plants is to ask the original vendor if they will take it back from you without cost. Alternatively, offer them to a local Aquarist Society on the same terms. Some Angling Clubs will take unwanted Native Fish to stock their waters. • Dead fish and unwanted plants are best cremated. Normal sewage treatment may not prevent fish diseases in the effluent going through the water treatment system before being returned into the local river. Already two non-native plants, Pennywort and Azolla are present in our waterways. Further introductions must be prevented. • Some local authorities offer a disposal system for small animals including fish and plants. • Today most homes have a Microwave Unit. An excellent means of disposing of dead fish and unwanted plants is placed them in between a single sheet of newspaper, Micro-waved for 4 minutes at 600watts then wrapped in the paper and put in your rubbish bin.FBAS 2008 8
    Some Useful Contacts FBAS(FEDERATION OF BRITISH AQUARIST SOCIETIES)www.fbas.co.ukThere is a mass of FREE information available on all the aspects of fish keeping on the FBAS website together with downloadable Care Sheets dealing with most groups of fish and an active two way advice feature (you email your problem to us - we will try to answer it). DEFRA(Department for Environment Food & Rural Affairs)DEFRA Helpline by telephone on 08459 335577 or by email at helpline@defra.gsi.gov.ukDEFRA, Information Resource Centre, Lower Ground Floor, Ergon House, c/o Nobel House, 17 Smith Square London SW1P 3JR OATA (Ornamental Aquatic Trade Association) An organization of manufacturers of both Aquatic Equipment and Outlets dealing in Pet Fish Sales including Pet Shops and Garden Centres, that, as members of OATA, maintain a high standard. 1st Floor Suite, Wessex House, 40 Station Road, Westbury, Wiltshire BA13 3JN Telephone 0870 043 4913 CITES - LISTED FISH (Convention on International Trade in Endangered Species) Certain species of fish are listed by the EU Wildlife Trade Regulations and these with others appear on the CITES, ‘A’, ‘B’ and ‘C’ Lists. A full list with explanation is available on the FBAS website. Beware if purchasing fish on a private basis, as some species are restricted. Purchase from a commercial fish outlet that is an OATA member or from members of local Aquarist Societies who wish to sell on surplus stock. If in doubt do not purchase. For sources of further information see all four sections of the FBAS Booklet: The Animal Law and You, The Basic Codes of Practice & General Fish-keeping Advice, and Information Concerning Protected, Endangered & Licensable Species. 9 FBAS 2008
    Want to start an Aquarist Society in your area? This is the booklet for you with all the help you need
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    Default Re: Arrested for cruelty to fish..

    YOUR LEGAL DUTY OF CARE FOR KEEPING FISH UNDER THE ANIMAL WELFARE ACT FIRST EDITION


    WOW good for them

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    Administrator brewmaster15's Avatar
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    Default Re: Arrested for cruelty to fish..

    Some local authorities offer a disposal system for small animals including fish and plants. • Today most homes have a Microwave Unit. An excellent means of disposing of dead fish and unwanted plants is placed them in between a single sheet of newspaper, Micro-waved for 4 minutes at 600watts then wrapped in the paper and put in your rubbish bin
    ...I would not recommend doing this for a large fish like a discus.... Its probably going to stink real bad and make a royal mess!


    However, aqaurium sponges can be places in the microwave in a zip log bag with water to sterilize them.. be sure to vent the bag a little.


    al
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    Registered Member samurai.cichlid's Avatar
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    Default Re: Arrested for cruelty to fish..

    really interesting story. i have a couple of thoughts on it.

    first of all, it's a terrible shame that the fish was left in those conditions. and i'm not defending the person who left the fish behind, but it sounds as though he or she had some serious problems in their life if they were losing their home. as al says though, a quick craigslist post could have helped easily solve the problem, but on the other hand the depths of depression and a life spiraling out of control can make even the best of us make the worst decisions.

    kind of a shame to go ahead and arrest somebody whose life already seems like a huge mess. just my perspective on it, not asking other people to see it that way. it's just the way i see it.

    and as for the repercussions of regulations and government involvement in the hobby, it is a bit concerning because culling is an essential part of the ornamental fish trade. and i don't think the layperson is either aware of that or understands that. so people on the outside looking in might want to judge us for culling healthy fish because they lack the desired colors.

    personally if i breed a fish i want to breed something where i feel like the vast majority of the fry will be desirable and that way i'm only culling deformed fish. but i appreciate and (most importantly) buy strains of fish that have been produced by people who have had to cull fish in the hundreds to get that particular aesthetic. it is what it is. while i try to avoid culling, i don't have a bad word to say about others who produce varieties of fish that require a lot of culling.

    but i don't know if outsiders will have that same attitude.

    and how about this: a casual hobbyist has a pair of kribs in their community tank, they breed, and then eventually the parents eat the fry because they aren't pulled. should that person be in trouble? regulations might say, yes, they're trouble. while common sense says, no, of course they've done nothing wrong.

    interesting times ahead for sure.

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    Registered Member bluelagoon's Avatar
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    Default Re: Arrested for cruelty to fish..

    Too bad the person left the fish behind. It happens from time to time for what ever reasons. The microwave thing seems a bit cruel to me. Altho, I don't use clove oil to put fish down myself lots of folks are using it these days.I like to end it quick not minutes; simply by putting it in a bag and banging it against a hard surface. If the fish is real big; a hammer to the head ends it all right away. What seems cruel to some may not be to others. To some fish are just a commodity, so to speak.Most folks keep their cats and dogs til dead. We sell fish even after caring for them for years.

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    Administrator brewmaster15's Avatar
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    Default Re: Arrested for cruelty to fish..

    Quote Originally Posted by bluelagoon View Post
    Too bad the person left the fish behind. It happens from time to time for what ever reasons. The microwave thing seems a bit cruel to me. Altho, I don't use clove oil to put fish down myself lots of folks are using it these days.I like to end it quick not minutes; simply by putting it in a bag and banging it against a hard surface. If the fish is real big; a hammer to the head ends it all right away. What seems cruel to some may not be to others. To some fish are just a commodity, so to speak.Most folks keep their cats and dogs til dead. We sell fish even after caring for them for years.
    I think the Microwave method is for sterilizing dead fish that may contaminate waste streams. I can't imagine doing that to a live fish,
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    Registered Member bluelagoon's Avatar
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    Default Re: Arrested for cruelty to fish..

    Quote Originally Posted by brewmaster15 View Post
    I think the Microwave method is for sterilizing dead fish that may contaminate waste streams. I can't imagine doing that to a live fish,
    O, ok, but why would somebody through microwaved fish in a stream to begin with.Sorry for the misunderstanding; the sticky was too long for me to read entirely.

    PS. I'm sure in some places that diseased aquarium water gets into rivers from places that do not treat the water before going back into the environment.A bit off track, i know but thought of that when waste streams were brought up.
    Last edited by bluelagoon; 04-09-2019 at 01:15 PM. Reason: for the PS

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    Homesteader Paul Sabucchi's Avatar
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    Default Re: Arrested for cruelty to fish..

    As much as abandoning a fish as the fish-keeper was forced to leave the property is reprehensible, to me it appears out of proportion as so many fish come to a sad end by the hands of inexperienced owners or even worse uncaring shopkeepers. Also it could be difficult to criminalise someone for causing unnecessary suffering to a pet fish while I can't see causing prolonged pain and ultimately death to a wild fish during sport-fishing being outlawed any time soon.
    My discus are not fat...just big fish-boned

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    Default Re: Arrested for cruelty to fish..

    I think it would be impossible to enforce any regs on fish as we caint deal with the laws we have now.

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    Default Re: Arrested for cruelty to fish..

    I think we are on a slippery slope in this country at present. We seem to be creating laws to create laws instead of enforcing the law's we already have on the books. Don't get me started on the political side of things as this is not the proper place. Lets just say I've seen many LPS and Wholesalers who could have been or should have been charged in some instances. I was once lectured at petco when i went in to buy dither fish for my big cichlids. I couldn't believe what i was hearing and on top of that they constantly sell fish to folks who kill fish on and endless scale because they are lead to believe there is no need for water changes if you put (insert a million products here) which make water changes unnecessary.
    End rant.

    It's like they just drummed up a charge to charge this poor fellow.

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