Turning Negatives into Positives for Pet Trading and Keeping: A Review of Positive Lists

Toland, Elaine; Bando, Monica; Hamers, Michèle; Cadenas, Vanessa; Laidlaw, Rob; Martínez-Silvestre, Albert; van der Wielen, Paul

SIMPLE SUMMARY: In regulating the trading and keeping of exotic pets, lawmakers seek to protect animal welfare, prevent species declines, and safeguard biodiversity. The public also requires protection from pet-related injuries and animal-to-human diseases. Most legislation concerning exotic pet trading and keeping involves restricting or banning problematic species, a practice known as “negative listing”. However, an alternative approach adopted by some governments permits only those species that meet certain scientifically proven criteria to be sold and kept as pets. Thus, governments may “positively list” only those species that are suitable to keep in domestic settings and that do not present a disproportionate risk to people or the environment. We reviewed international, national, and regional legislation in Europe, the United States, and Canada and found that largely unpublished and often inconsistent criteria are used for the development of negative and positive lists. We also conducted online surveys of governments, which received limited responses, although telephone interviews with governments either considering or developing positive lists revealed insights regarding their interest and motivation towards positive lists. We discuss key issues raised by civil servants including the perceived advantages of positive lists and challenges they anticipate in drawing up suitable lists of species. We compare functions of negative and positive lists and offer recommendations to governments concerning the development and implementation of positive lists. ABSTRACT: The trading and keeping of exotic pets are associated with animal welfare, conservation, environmental protection, agricultural animal health, and public health concerns and present serious regulatory challenges to legislators and enforcers. Most legislation concerning exotic pet trading and keeping involves restricting or banning problematic species, a practice known as “negative listing”. However, an alternative approach adopted by some governments permits only the keeping of animals that meet certain scientifically proven criteria as suitable in respect of species, environmental, and public health and safety protections. We conducted an evaluation of positive lists for the regulation of pet trading and keeping within the context of the more prevalent system of restricting or prohibiting species via negative lists. Our examination of international, national, and regional regulations in Europe, the United States, and Canada found that criteria used for the development of both negative and positive lists were inconsistent or non-specific. Our online surveys of governments received limited responses, although telephone interviews with officials from governments either considering or developing positive lists provided useful insights into their attitudes and motivations towards adopting positive lists. We discuss key issues raised by civil servants including perceived advantages of positive lists and anticipated challenges when developing lists of suitable species. In addition, we compare functions of negative and positive lists, and recommend key principles that we hope will be helpful to governments concerning development and implementation of regulations based on positive lists.