Animal Welfare Law Comes into Force: What Changes for Turtles

On Friday, September 29, 2023, the Animal Welfare Law for Turtles came into force. However, it is crucial to understand that this Animal Welfare Law is not implemented in its entirety immediately. An extensive regulatory development, estimated to take between 3 and 5 years, is necessary for its full application. In addition, the law could still undergo changes, and so far the lists of affected turtle species have not been published.

Turtle Animal Welfare Law

The animal welfare law aims to protect and regulate the treatment of turtles and other animals in our country (Spain).

Among the most important provisions of this law is the prohibition of the sale and commercialization of turtles as pets, unless certain requirements are met and a special license is obtained. This seeks to prevent the exploitation and illegal trafficking of these species, which are often captured indiscriminately and without respect for their natural habitat.

What is the Animal Welfare Law?

The Animal Welfare Law is a legal regulation that seeks to guarantee and protect the welfare of animals, recognizing them as sentient beings and granting them rights and ethical considerations in their treatment by humans. This law is generating strong controversy due to its lack of clarity, little consideration by those who develop it, and excessive prohibitions on species kept in captivity.

Development of the Animal Welfare Law for Turtles

Despite its entry into force on September 29, it is vital to understand that the law is not fully operational due to the need for extensive regulatory development. This process, estimated to take between 3 and 5 years, involves the creation of specific and detailed regulations that will allow for the effective application of the law. Additionally, it should be noted that the legislation is still subject to possible changes.

Which animal species are affected?

The 2nd transitional provision of the law identifies reptiles over 2 kg (except turtles), venomous reptiles, and mammals over 5 kg as the specific groups subject to these regulations. If you own a reptile whose adult weight exceeds 2 kg, it will eventually be affected by this law, even if it does not currently reach that weight.

What should you do if you have a turtle under the new law?

You may be wondering what should I do with my turtle under the new law. Owners of affected reptiles, according to the transitional provision, have a period of 6 months to inform the environmental authorities of their autonomous community. However, turtles are exempt from this notification requirement. The uncertainty about how the law will evolve and the absence of lists of specific species highlight the importance of patience. Turtle owners are advised to wait before taking any action, especially those who own species protected at the national level.

Protected turtle species

Specifically, species protected at the national level in Spain, such as the Testudo hermanni (Mediterranean Tortoise) and the Testudo graeca (Moorish Tortoise), require special attention. Although these turtles are protected by law, they are traded in captivity. Owners must ensure they have the proper documentation and traceability to prove the legal origin of their pet.

How do I notify the authorities that I have a turtle at home?

If you have a turtle at home and need to inform the authorities, first identify the competent environmental entity in your Autonomous Community. Make sure you have the necessary documentation to support the legality of your possession, especially if the turtle is a protected species. Then, contact the authority through the appropriate channels, providing detailed information about the turtle. After notifying, wait for written authorization confirming compliance with the legal requirements for keeping the turtle at home, indicating the permitted period to keep the animal. It is essential to follow the specific procedures of your region and stay informed about possible changes in the Animal Welfare legislation for turtles.

List of Environmental Authorities by Autonomous Communities

• Madrid Animal Registry
• Castilla y León Animal Registry (SIACYL)
• Galicia Animal Registry
• Catalunya Animal Registry
• Andalucía Animal Registry
• Comunidad Valenciana Animal Registry
• País Vasco Animal Registry
• Aragón Animal Registry
• Asturias Animal Registry

Sanctions and Fines of the Animal Welfare Law for Turtles

The law establishes fines ranging from 500 euros up to 10,000 euros for minor offenses, from 10,001 to 50,000 euros for serious offenses, and up to 200,000 euros for those considered very serious. These sanctions can be applied for various reasons, from simple non-compliance with the law to failure to notify the possession of animal species.

Article 76 of the regulation adds an additional layer by stating that, in the case of repeated minor offenses or if these are continuous, the warning sanction will not apply.

The entry into force of the new animal welfare law for turtles is pending full implementation and is subject to further development. There is uncertainty surrounding crucial aspects, such as the list of affected species and how the animal welfare law for aquatic turtles will impact owners.

Invasive Exotic Turtles: Current European and Spanish Regulations

Current European and Spanish legislation strictly prohibits the acquisition, purchase, and sale of invasive exotic species, including Trachemys scripta and its subspecies such as the Red-eared Slider, Yellow-eared Slider, and the Painted Turtle (Chrysemys picta). These regulations aim to protect local ecosystems and prevent possible negative impacts on biodiversity, highlighting the importance of conserving and preserving native species. For more information, consult MITECO.