A litter of four new-born terriers was destroyed last week by the Department of Environmental Protection because they were illegally bred.

Dawn Broadbelt, who had temporary custody of her brothers' female terrier, fought to save their lives when told that they would be snuffed out.

But the department stuck to the letter of the law and said members of the public should be aware of their responsibilities as dog owners.

Mrs. Broadbelt said she had no idea that the bitch was pregnant when she agreed to take care of it temporarily. And when the pups arrived three weeks later she called a friend at the department for advice.

She says she was later informed that the pups were illegal because she did not have a breeder's licence and that they would be put down. Days later officials showed up at her residence and took the dogs.

"My whole issue is what was the big hurry? The puppies weren't even a week old."

She said the department could have given her a license retroactively and that she and some of her friends were willing to take the pups.

And she argued that enforcement of the law should be done on a case by case basis. Fox terriers are not potentially dangerous like pit bulls, she said.

"All I wanted was one (puppy) and to give my brother back his dog. We had an opportunity to have a puppy and he wanted to take it away from us."

Mrs. Broadbelt was given an option which could have saved the animals' lives - hand them over to the SPCA and apply to adopt them.

But because the puppies were so young, the mother would have had to be put up for adoption as well and the SPCA policy is not to give out dogs that have not been spayed. Mrs. Broadbelt found that option unacceptable because she did not want the dog fixed.

The puppies were executed by lethal injection a few days later.

Mrs. Broadbelt's last dog got caught in a hedge during a freak storm and hung itself a year ago and she has been searching for a replacement since.

Additionally, the saga raises conflict of interest issues, she said, because some of the people in charge of implementing the rules are in the dog business themselves.

Because breeder's licences are expensive, most people wanting a dog would have to buy one, she argued.

"Eventually people are going to have to buy dogs from these people," she said. And she warned that others might find themselves in the same predicament without any legal recourse or protection.

"You don't think to call Ag and Fish when someone gives you a dog."

Mrs. Broadbelt is now facing possible prosecution for having an illegal litter. "Where's the protection if you find yourself in a position like that? What are you supposed to do?"

Besides not having a license to breed, the bitch was unlicensed and, according to the Dog Warden's office, was in poor shape, she reported.

Jeffrey Benevides, the Island's Dog Warden, declined to comment specifically on the case, saying the matter is heading to court.

"Everybody thinks we go all out to destroy animals. That's not the case - I will do everything in my power to keep the animals alive," he said.

Last month his department dealt with four cases in the same way, he said.

"We definitely use our discretion and we look at each case."

The department has been strictly enforcing new dog laws which came into effect in 2000 and gave the department authority to seize illegal litters. Since then the number of dogs collected has dropped from 721 to 542 in 2002. The number of dogs put down by the department has also come down - from 285 in 2000 to 218 last year. In 2001, 306 dogs were euthanised.

"By being forceful with this illegal breeding policy there are fewer animals being euthanised," said Mr. Benevides.

It is illegal to breed a dog without a breeders licence, to own an unlicensed dog, and an extra licence is required if there are more than two dogs on a property.

It is also an offence to receive a dog that is unlicensed. People who are unsure whether the dog they want to buy is licensed should feel free to contact the Department, Mr. Benevides said.

And if you don't have a breeder's license and discover your dog is pregnant the department may be able to help, but not after the puppies are born. Licence fees are $60 for an unspayed dog and $22 for a spayed dog. Breeders' licences cost $220.