Entry into Force of the Animal Welfare Law for Turtles

The Friday, September 29, 2023 came into force Animal Welfare Law on Turtles. However, it is crucial to understand that this Animal Welfare Law is not implemented in full immediately. 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 turtle species affected.

Animal Welfare Law for Turtles

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 causing strong controversy due to its lack of clarity, the limited consideration given by those who draft it, and prohibitions affecting an excessive number of animal species in captivity.

Development of the Animal Welfare Law for Turtles

Despite coming into force last 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 creating specific and detailed regulations that will enable the law's effective implementation. In addition, 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 the reptiles over 2 kg (andexcept turtles), venomous reptiles y 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 has not yet reached that weight.

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

You may be wondering what do 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 notify the environmental authorities of their autonomous community. However, the turtles are exempt of this notification requirement. The uncertainty about how the law will evolve and the absence of lists of specific species underscore the importance of patience. Turtle owners are advised to wait before taking action, especially those who own species protected at the national level.

Protected Turtle Species

Specifically, species protected at the state level in Spain, such as the Testudo hermanni (Mediterranean Tortoise) and the Testudo graeca (Hermann's Tortoise), require special attention. Although these tortoises 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 own a turtle at home and need to inform the authorities, first identify the environmental authority responsible in your Autonomous Community. Make sure you have the necessary documentation supporting 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 them, wait for written authorization that will confirm compliance with the legal requirements to keep the turtle at home, indicating the period during which the animal may be kept. It is essential to follow the specific procedures of your region and to stay informed about possible changes in Animal Welfare legislation regarding turtles.

List of Environmental Authorities by Autonomous Communities

• Madrid Animal Registry
• Castilla y León Animal Registry (SIACYL)
• Galicia Animal Registry
• Catalonia Animal Registry
• Andalusia Animal Registry
• Valencian Community Animal Registry
• Basque Country Animal Registry
• Aragon Animal Registry
• Asturias Animal Registry

Penalties 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 penalties can be applied for various reasons, from simple noncompliance with the law to failure to report the possession of animal species.

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

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

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 the Trachemys scripta and its subspecies such as the Red-eared Turtle, yellow-eared turtle and the Painted Turtle (Chrysemys picta). These regulations aim to protect local ecosystems and prevent potential negative impacts on biodiversity, highlighting the importance of conserving and preserving native species. For more information consult the MITECO.