Earlier in February 2020, GloFish®LLC unveiled its new fluorescent species, the GloFish® Betta.  This new betta’s debut prompted a response from both the International Betta Congress President, Holly Rutan, and IBC Judging Board Chair, Gerald Griffin.  We share their insight with readers here today.    

Give us some highlights that you would like readers, betta hobbyists, and betta fishkeepers to be aware of, regarding your views on this novelty betta.

Holly Rutan:  My views?  I think GloFish in general, and the GloFish Bettas in particular, are neat.  They are a symbol of scientific progress.  The type of research that brought this modification technique about is useful in health-related areas such as cancer research, and it’s fun that the everyday person can enjoy a more frivolous result of the research as well.

I personally view GloFish as a fun addition to the marvelous assortment of colors in our domestic fish.  I hope they will attract attention to our hobby in a positive light and act as a gateway for new hobbyists to find their way to us.  My first betta was blue.  I am okay with someone else saying, “My first betta was Sunburst Orange.”  Why?  The most important part of the sentence is: “My first betta.”

Also, I hope they come out with the orange ones next.  Or maybe the purple.  I have two green ones now, and they are so much fun to watch – even in regular light!

Gerald Griffin:  I first became aware of the process several years ago with the pre-release of the danios over a dozen years ago.  About 12 years ago, I was giving a lecture in California, and some of the people there were discussing putting this gene into a killifish, which they were successful but never released it to the public.  I knew it was only a matter time before they would put this gene in a Betta.  About 6 months ago, we received notice that the GloFish Betta was coming onto the market, however the Judging Board decided to hold off on any action until the GloFish Betta was actually released.  Once it was, we enacted the policies that we had discussed six months prior.  As to my personal views, I have nothing against it or for it.  It is a novelty item and it might bring more people into keeping Bettas, it might not.  Personally, it does not hurt the Betta, so I have nothing against them doing this.  I know people love controversy; however, why?  Yes, Bettas were already beautiful and do not need this type of enhancement; however, why condemn something new?  The market is going to be the determining factor.  If they make money off of it, then it will be successful, and if they do not make enough money, then the GloFish Betta will fade into obscurity as a fad.

What possible issues might arise in the foreseeable future, while the patent holds sway?  And what length of time would you advise IBC breeders to wait before breeding the GloFish® Betta and entering the progeny lines into IBC-sanctioned competitions?

Holly Rutan:  Right now, the IBC strictly prohibits the use of GloFish Bettas in any of our sanctioned shows in any category other than purchased.  Until the patents expire, this is the policy we will be upholding …  I’d advise any IBC breeder to wait until the patent expires.  We will not be revising our policy until breeding them is legal.

Most of the issues that I see right now are people not understanding patent law.  They want to play with the GloFish genetics, and I can’t blame them, but it’s illegal!  Educating individuals has been a bit of a challenge.  Most people think that selling the offspring is illegal …  Well, yes.  It is.  So is deliberately creating the offspring, or breeding the offspring, gifting the offspring, or even trading the offspring …  If you accidentally breed the fish because someone jumped a divider, it’s best to just throw the nest away.

Gerald Griffin:  My recommendation is to not breed them at all.  Realistically, these patents are not going to expire anytime soon.  The official notice from the Judging Board made it clear that if any GloFish Betta genes are detected in any show fish in the self-bred categories that those fish will be immediately disqualified without any reclassification, and the Judging Board will evaluate if any further action is needed against the person showing said fish.

While the patent is observed here in Area 1, what about other IBC Areas, where enforcing it might be tougher – what are your views on that?  How would you advise IBC show organizers in other Areas to be mindful of your stance as IBC President and as IBC Judging Board Chair on this new betta?

Holly Rutan:  While it is difficult to enforce, due to International Patent treaties, breeding GloFish Bettas is illegal in every Area of the IBC.  We are not law enforcement, and we’re hardly going to be inspecting people’s fish rooms.  However, the GloFish gene is easy to detect with an LED flashlight and behaves like a simple dominant, and any GloFish entered into a show in any class other than Purchased Fish will be disqualified.  The Executive Board will consider sanctions for egregious behavior that may reflect on the IBC, since unlawful behavior will violate our Code of Ethics.

Gerald Griffin:  IBC Members need to understand that this patent is world-wide!  Now Area One is going to be affected as well as Areas 3 and 6.  Area 2 will not be affected as these type of organisms are illegal so will or should not be for sale; however, we have seen illegal marketing of the GloFish in Europe so there are no real guarantees that they will not stay out of Europe.  As to Areas 4 and 5, Area 4 does have a big fish market; however, I do not know if the GloFish Betta will be marketed there.  Area 5 might see them, but there are not a lot of IBC members or breeders in Area 5.  However, the Judging Board Policy on the GloFish Bettas is a universal declaration, so all Areas are to follow it without exception.

In future, will the GloFish® Betta be introduced as a category for entrants in IBC-sanctioned shows?  When was the last time a new category was introduced?  The GloFish® Betta, for now, need not be in the self-bred divisions, but it could still be accepted in the collector’s division, yes?  If so, will that be a topic for discussion at the upcoming IBC Convention in Chicago this June?

Holly Rutan: I expect this will come up at the Convention.  The Judging Board determines the addition and removal of classes based upon demand, and it is up to the Judging Board to determine whether GloFish need to be added to the purchased classes, or whether they are already covered with the classes already in place.  This is a discussion that takes place yearly for all of the classes, and categories are added or cut at need.

In my personal opinion, they are just another color, and should be added to the purchased classes that already exist … IF the entrant can find a fish or two that can be categorized by tail type.  It is clear that GloFish were created with color in mind rather than show form, and many of them appear to be of mixed tail type heritage.

Gerald Griffin:  New categories are introduced if there are needs for it and if the numbers support it.  Otherwise, it stays as it is.  As to the GloFish Betta, because of the patents, there will never be a self-bred class for it until such a time that Spectrum sanctions it.  I do not see this happening.  When we came up with our policy, we ran it through the corporate companies that have stock in the GloFish Betta for their input and recommendations before we issued our declaration.  That way, there would be no ‘oops!’ moment where we violated some agreement.  There is no way that I am going to get the IBC on some legal hook where we end up having to negotiate or end up in court.  This agreement was well thought out and will only be modified with the consent of all of the parties involved.  At this point in time, I see no reason to open this topic up at Chicago as it is really right now not an important topic.  The GloFish Betta can be shown in the Commercial/Collectors classes, and the Judging Board decided not to construct a class for it until we look at the numbers from the shows since it’s official release.  If the numbers warrant constructing a class for them, then the Judging Board will do so.  Right now, our focus is on a total revision of the Standards that have not really been overhauled in years.

For show organizers between now and the June IBC Convention, what would you advise when there are GloFish® Betta entries?  What’s the protocol for handling such situations?

Holly Rutan:  This is for the Judging Board to determine.  I advise that show organizers speak to their Head Judge for the event ahead of time and create a plan of action.  I know for sure that any GloFish entered in self-bred classes must be disqualified, but what to do with them in purchased classes is unclear at this time.

Gerald Griffin:  If show chairs see GloFish Bettas in their show, they need to check to see if the fish are entered in the collectors class.  If not, that fish is immediately disqualified, and the Judging Board is to be notified of such transgressions.  The Judges are going to be checking for GloFish Bettas and will make those determinations in the Show Room.  I will be sending out official directions very shortly.

What are some closing thoughts you’d like to share with FLARE readers?

Holly Rutan:  Keep an open mind.  Love ‘em or hate ‘em, GloFish Bettas are on the market now.  Be respectful of your friends and fellow betta lovers regardless of their point of view on these new fish.  Be open to learn from your fellow hobbyist.  You may disagree with them, but they may have valid points!

Obey the law.  No matter how tempting it is, we must wait for the patents to wear out before we can find out what we can do with the GloFish Bettas.

Have fun.  Let your pets be pets.

And above all:  Be Kind.

Gerald Griffin:  I think it is important that members understand that the IBC has outlawed the selling of GloFish Bettas at all IBC events.  The purpose of this is so the IBC does not accidentally allow the sale of unlicensed GloFish Bettas.   The IBC respects the policies of the manufacturers of the GloFish Bettas, and we are therefore not taking any chances of any violations.  Breeders are free to sell the GloFish Betta on their own outside of the IBC-sanctioned events if they follow the rules laid out by Spectrum.  That information can be found on the GloFish website.

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