# Isn't animal cruelty illegal?



## Oishii03 (Jun 12, 2014)

Obviously, if a pet store had dead puppies lying around they'd be sued.

But with fish, that isn't the case. I decided to look at the animal cruelty laws of a random state, and chose Texas.

_“‘Animal’ means a domesticated living 
creature, including any stray or feral cat or 
dog, and a wild living creature previously 
captured,” not including “an uncaptured wild 
living creature or a livestock animal.” _

In this and in the entire document, there is no mention of fish. As Bettas are domesticated fish (domesticate means tame, according to the dictionary, and tame means "(of an animal) not dangerous or frightened of people", and as Bettas willingly interact with humans and are far from dangerous, they are domesticated) We can assume that they fit into this category.

These are illegal, and can be applied to fish.

"(3) *fails unreasonably to provide necessary food,* water, *care, or shelter for an animal in 
the person’s custody;*"










"(5) *transports or confines an animal in a cruel manner;* "










"(7) *causes one animal to fight with another animal, if either animal is not a dog;*" (It says this because dog fighting is in a separate category)










"An offense under Subsection (b)*(3)*, (4), *(5)*, (6), or (9) is a Class A misdemeanor"

"An offense under Subsection (b)(1), (2), *(7)*, or (8) is a state jail felony"

(http://aldf.org/wp-content/themes/aldf/compendium-map/us/2013/TEXAS.pdf)

Providing adequate care is necessary. Giving an animal decent shelter is necessary. Fighting animals is illegal. Horrible forms of transportation are illegal.

So why don't people ever get charged with mistreating fish?


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## starlight910 (Jul 25, 2014)

I have always wondered this. People go crazy when dogs/cats are mistreated. What about fish? :-( Seriously?


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## MattsBettas (Dec 18, 2012)

Federally, fish aren't actually covered under the Animal Welfare Act. 



> (g) The term “animal” means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3) other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes;


http://www.gpo.gov/fdsys/pkg/USCODE-2012-title7/html/USCODE-2012-title7-chap54.htm

I mean I know it's awful to see, but I'm extremely doubtful that animal protection laws will ever be applied to small domesticated fish.


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## VivianKJean (Aug 20, 2013)

+1 to MattsBettas

the best we can do is teach others the proper way to care for a betta.


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## Oishii03 (Jun 12, 2014)

/: that's really too bad. Just because they're fish doesn't mean that they don't feel! 

I like to hope that maybe one day people will realize that fish are animals, just like mammals and reptiles.


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## aselvarial (Feb 21, 2014)

I think part of it is that fish are SO unfamiliar to us, their environment, life, breeding, everything is totally alien to us. Plus, they can't be petted, snuggled with, you can't feel their breath on your skin, so ppl think they are less somehow. Ironic when you realize that life most likely first arose in the ocean, and, best guess for real extraterrestrial life (that isn't bacterial) is likely to be aquatic. 
One day the laws will change. Whether we will be here for it or not, remains to be seen.


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## Aqua Aurora (Oct 4, 2013)

Simple fact of the matter is, yes they fall into the proper category for it.. but they're just not "cute and cuddle-able" (literally) pets so no one puts out the effort for them. Seems the hierarchy of animal rescue is: 
dog/cat
other small mammals/birds
reptiles (snakes mostly)
amphibians/fish

This is excluding the illegally kept tigers, lions, and bears (oh my!) and other large wild endanger and just plain dangerous species.

People see fish as just some stupid little thing, not worth trying to help usually, just flush it ._.

I don't agree with that mentality but its just the hard truth, people would rather have an animal they can hug and pet and get visible affection from (dog/cat via licks, tail wags, and purrs) than a little fish that just swims around in a cup/tank.


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## Tuigirl (Aug 3, 2014)

It is the same story here....
Most of New Zealands native fish are threatened by extinction, but nobody even cares.
Fish are just not seen as "proper" animals, maybe because of that old -and now long proven as wrong!!!- belief that they can not feel pain and are very insensitive and only have a 3 second memory..... :-(


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## Veloran (Jun 28, 2014)

Aqua Aurora said:


> This is excluding the illegally kept tigers, lions, and bears (oh my!) and other large wild endanger and just plain dangerous species.


LMAO, if that is the reference I think it is, the first movie was way better IMO.


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## trilobite (May 18, 2011)

To anyone who says you cant play with and pet a fish, just show them this
https://www.youtube.com/watch?v=yHe9ws8s2iA


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## BettaStarter24 (Mar 24, 2014)

+1 to MattsBettas, although sad, fish aren't covered under that act. I don't think rats or mice are either if I remember correctly though I could be wrong on that.


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## MiniMango101 (Jul 16, 2014)

I think that this should be stopped... it's not okay that these pet store chains are keeping fish in tiny containers with no water changes or food. On top of that, giving the wrong information to people that want the best for their fishy. If people were told to keep dogs in closets their whole life by a pet store that also keeps dogs in tiny closets, that place would be shut down fast! Betta fish do feel pain and they do remember and have personalities. It brought a tear to my eye knowing that Middy had to go through this :'(. They should at least euthanize the terminally ill fish so they don't have to suffer for long.


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