Fewer bans, more awareness: How does proper breeding prevent positive lists?

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The aquarium community is shaken by the EU's plans to introduce so-called positive lists. These would allow the breeding and importation only of species that are explicitly listed, which raises a wave of concerns among breeders. We attended a professional lecture that addressed the real impacts of the lists and related topics: from new IUCN resolutions on animal transport and the expansion of the list of invasive species, to ethical issues of extreme breeding of ornamental fish. A fundamental challenge for associations and breeders is to take responsibility and ensure informed, ethical, and sustainable breeding, which is the best defense against strict regulations.

Report on lecture by Dr. Martin Singheiser from BNA e. V.  - Bundesverband für fachgerechten Natur-, Tier- und Artenschutz e. V. (Federal Association for Professional Nature, Animal, and Species Protection) held on October 22, 2025, by DCG ((Deutsche Cichliden Gesellschaft e. V. ) Online-Cichliden-Stammtisch.

Introduction

In aquaristic circles, and not only in aquaristic circles, there is quite often talk about the upcoming introduction of positive lists. To clarify briefly: only animals listed on these lists may be kept and bred. Negative lists still apply, which conversely list species whose keeping is prohibited.

Most breeders are somewhat bewildered by the information regarding positive lists. Some start to get agitated and ask about the purpose of such steps. Often, this is accompanied by the remark that in the EU they do not know what they are doing, and that they are solving insignificant matters. Another reaction is complete ignorance of the preparation of positive lists, as it is equally not very likely that they would be completed and put into effect in the foreseeable future.

After the poster for the lecture on positive lists was published, the editorial office was occasionally contacted and urged that something had to be done, that it was unacceptable. However, we also asked, for example, an experienced aquarist who should do something about this on behalf of the Czech Republic, and the answer was: "No one anymore."

As is often the case with DCG lectures, this presentation was very informative, open, and actually addressed themes and questions that most aquarists, who are interested in this issue, are asking.

Positive lists

Principles and Consequences of Implementation

The aim is to create a list of animals that may be kept, sold, and imported. All other species not on the list would thus be automatically prohibited.

Only animals for which scientific documentation exists on how they must be kept—including feeding, reproduction, and breeding—should be placed on the Positive List. Since this documentation is only very limitedly available for fish, a total ban (i.e., the removal of all ornamental fish) from the Positive List could be imminent!

The intention of animal rights organizations and their ultimate goal is to fundamentally prohibit all animal husbandry and use!

Role of Organizations and Challenges in Legislation

Therefore, it is necessary for as many aquarists and other animal keepers as possible to unite and work with corresponding organizations, such as the BNA e. V. (Bundesverband für fachgerechten Natur-, Tier- und Artenschutz), to ensure that these regulations, which are partly nonsensical, very vague, and even wrong, are not implemented.

The BNA e. V. is doing very good political work in this area, but without a strong voice (many animal keepers), it will be very difficult. The DCG (Deutsche Cichliden-Gesellschaft e. V.) is a member of the BNA e. V., which means that every DCG member supports the BNA e. V.

The effort is aimed at creating a list of animals that may be kept, sold, and imported. All other species not on the list would thus be automatically prohibited.

Positive lists should be applied within the EU, or possibly globally. It is actually logical, as Europe is a significant destination for imports, but it also serves as a transit point for transport to other countries/continents. 

Problems with Positive Lists in Practice

It is also not yet clearly regulated what happens when new species are discovered. Since these would not be on the positive list, they would not be allowed to be caught, transported, or imported! A scientific description of these species would not yet exist! The research of new species would be extremely difficult, if not impossible, and associated with very high administrative hurdles. Changes or expansion of such a positive list would probably be extremely costly and could even take years.

A negative list, which already exists in many EU countries, is proven and significantly easier to handle.

Rationale and Time Horizon for Implementation

The reasons for introducing positive lists are briefly

  • protection of animals
  • protection of species
  • resolution of invasive species
  • protection of health

If positive lists are not introduced directly, their implementation is being considered, for example, through indirect regulations or other laws. Currently, the timeframe for implementation is difficult to estimate. The speaker estimates 3 - 7 (up to 9) years, but even in this form, they may not be realized. 

IUCN - Resolution regarding the transport of animals 

Because on October 9 and 15, the IUCN World Conservation Congress took place in Abu Dhabi, the speaker could not help but mention resolution No. 108.

This resolution is a response to the uncontrolled expansion of the trade in wild animals as pets. It primarily addresses terrestrial animals. However, it does not only seemingly exclude aquatic creatures. Paragraph 4 defines the manner in which live animals are to be transported. Specifically, the following points are mentioned:

  • Method of transport: The transport or handling of animals must not be conducted in a way that would likely cause the animals injury or unnecessary suffering.
  • Fitness for transport: Animals must be fit for the intended journey (e.g., they must not be sick, injured, or very young unless special conditions are met).
  • Journey without delay: Transport to the destination must occur without unnecessary delay and the well-being of the animals must be regularly monitored during the journey.
  • Water quality: Aquarium animals must have sufficient amounts of quality water.

Currently, the IUCN is working on the development of guidelines, and the expectation for Germany is that they will be incorporated into legally binding legislation within one or more years. 

Invasive species

These are species that are not native to the given area. If they were to escape or be intentionally released into the wild, they could threaten native ecosystems. 

The speaker also mentioned that the list of invasive species is gradually expanding, which can no longer be transported, bred, or kept.

These species were newly added to this list in 2025:
Cherax destructor
Cipangopaludina chinensis
Faxonius immunis
Marisa cornuarietis
Misgurus anguillicaudatus
Misgurnus bipartitus
Mulinia lateralis

Minimum requirements for fish keeping

Furthermore, BMEL - Bundesministerium für Ernährung und Landwirtschaft (Federal Ministry for Food and Agriculture) in Germany defines what the minimum requirements for keeping animals are. These are specific expert guidelines that supplement the legal framework, as outlined below.

These are comprehensive details precisely defining the conditions for freshwater fish generally, but also for specific species individually.

Some should also be obvious to aquarists in the Czech Republic. An example might be the inappropriate keeping of fish in small round containers or poor methods of euthanizing fish, e.g., flushing them down the toilet. Even though many might claim that this is obvious, it was still possible this year to hear from some breeders in the Czech Republic that they are euthanizing inappropriate fish in this manner.

Extreme breeding of animals

If there is intentional inappropriate breeding of animals, and as a result:

  • suffer from pain or distress
  • they are incapable of natural movement or breeding
  • they have a shortened lifespan or serious health problems (e.g., bone deformities, breathing problems, vision issues, or reproductive problems)

this constitutes a criminal act. While it involves breeding in general and in a broader sense, it directly concerns ornamental fish as well. Examples that the participant of the lecture could immediately recall are extreme body shapes of goldfish (e.g., the so-called "Bubble eye"), bettas, and their super long fins that almost impede their movement, among others.

Responsibility:

  • Breeders: Those who specifically breed and propagate such fish, knowingly producing suffering.
  • Merchants: Those who sell these fish and "deliberately ignore long-lasting suffering."
  • Exhibitors or judges: Those who award these extreme forms of fish at exhibitions, thereby supporting and legitimizing further breeding leading to suffering.

In simplified terms, if a breeder or seller of ornamental fish sells individuals with proven problems and is aware of it, they may be prosecuted under this legal principle in Germany for violating animal protection laws due to negligence.

Summary and discussion

I enjoyed the discussion during and after the lecture. It was also mentioned how to ensure that aquarists are informed and mainly adhere to the procedures of proper and sustainable breeding.

Although in Germany, according to the German Animal Protection Act (Tierschutzgesetz, abbreviated TierSchG), a penalty of imprisonment for up to 3 years or a financial fine is possible, such actions will often be difficult to prove and enforce in the case of breeding aquarium animals.

What is really important is ensuring that breeders understand how to properly care for the species they acquire.

The role of associations

Since the sale of fish often takes place in aquaristic stores and zoo retail chains, it is desirable that these entities inform on their websites about the minimum requirements for keeping the animals. However, because this requirement is difficult to enforce and it is unlikely that both the publication of information and the training of staff could be ensured, it is worth considering and strengthening the role of aquaristic associations.

Associations should lead aquarists to responsibility. It was also discussed how associations, which include around 50,000 aquarists, can influence breeding in general, given that the total number of aquarists in Germany is about 3 million. 

It is better to have at least 50,000 committed people who practice aquaristics correctly than no one!

The speaker emphasized that it is necessary for the breeding of aquarists to be reported and for an overview of breeding to be made available. This would allow for better arguments against the introduction of positive lists. For example, statistics updated every three years would greatly help with the argumentation.

It would be great if, in addition to aquaristic associations, influencers and media took on the awareness of the need for sustainable breeding and helped disseminate information that everyone, not just aquarists, should know.

A great wish would be for all engaged animal keepers (fish, cats, dogs, birds, reptiles, etc.) to work together and oppose a planned EU positive list. Together they would then have a much larger and more influential political voice.

 

Written by Manfred Dietz and Linda Vlachova

Published: Oct 23, 2025
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