Hermann tortoises (Testudo hermanni) are popular pets known for their distinctive appearance and relatively manageable care requirements. However, like many other exotic pets, owning a Hermann tortoise comes with certain legal responsibilities and requirements. This article will delve into the legal licences for owning a Hermann tortoise, focusing on the need for an Article 10 licence (A10), the implications of owning a tortoise without a licence, types of licences, the role of microchipping, certificate validity, and the responsibilities of new keepers. It will also address the consequences of losing the Article 10 Certificate.
Legal Requirements
Article 10 Licence (A10)
The Hermann tortoise is listed under Annex A of the EU Wildlife Trade Regulations, which means it is protected and regulated to prevent exploitation. An Article 10 licence (A10) is a critical legal requirement for anyone intending to engage in any commercial activity involving these tortoises. This licence ensures that the tortoises are sourced and traded in a manner that does not harm their wild populations.
Commercial Transactions: Before any commercial transaction, such as selling or trading a Hermann tortoise, an Article 10 licence must be obtained. This regulation is in place to prevent illegal trade and ensure the tortoises’ well-being. The licence serves as proof that the tortoise was bred in captivity and not taken from the wild, which is crucial for conservation efforts.
Conservation and Regulation: The Article 10 licence system helps monitor and control the trade of protected species, contributing to their conservation by ensuring that only legally bred tortoises are sold. This system also helps maintain accurate records of captive populations, aiding in the enforcement of wildlife trade laws.
Ownership Without a Licence
Non-Commercial Ownership
For those who intend to keep a Hermann tortoise as a pet without engaging in any commercial activity, there is no requirement for an Article 10 licence. This means that if you receive a tortoise as a gift or simply own it for personal enjoyment, you do not need to obtain this licence.
Gifting Tortoises: When gifting a Hermann tortoise, it’s important to ensure that the recipient understands their responsibilities regarding the tortoise’s care. Even though no licence is required for gifting, the new owner must still provide proper care and habitat for the tortoise.
Personal Use: Owning a Hermann tortoise for personal use without commercial intentions simplifies the legal process. However, keepers should still be aware of other local regulations and responsibilities, such as proper housing, diet, and veterinary care, to ensure the tortoise’s well-being.
Types of Licences
Transaction Specific Certificate (TSC)
The Transaction Specific Certificate (TSC) is issued for Hermann tortoises with a straight carapace length (SCL) of less than 60mm. This certificate is specific to a single commercial transaction, meaning it can only be used once to facilitate the sale of the tortoise.
Application Process: To obtain a TSC, the seller must provide detailed information about the tortoise, including its origin, breeding history, and current size. The certificate ensures that each transaction is recorded and that the tortoise is legally bred.
Specimen Specific Certificate (SSC)
For larger Hermann tortoises with an SCL greater than 60mm, a Specimen Specific Certificate (SSC) is required. These tortoises must be microchipped, and the SSC is linked to the individual animal for its lifetime.
Microchipping Requirement: Microchipping provides a unique identifier for each tortoise, ensuring accurate tracking and identification. The SSC serves as a lifetime certificate, confirming that the tortoise was legally bred and can be sold or transferred multiple times.
Lifetime Validity: Unlike the TSC, which is valid for only one transaction, the SSC remains valid for the tortoise’s lifetime. This certificate is essential for maintaining legal records and ensuring compliance with wildlife trade regulations.
See Also: How Often Should I Feed A Hermann Tortoise
Microchipping
Role in Licensing Process
Microchipping is a crucial part of the licensing process for Hermann tortoises larger than 60mm. It involves implanting a small microchip under the tortoise’s skin, which contains a unique identification number.
Identification and Tracking: Microchipping allows for accurate identification and tracking of individual tortoises. This process helps prevent illegal trade and ensures that each tortoise can be traced back to its breeder.
Compliance and Enforcement: The microchip information is linked to the SSC, ensuring that all legal and ownership records are maintained accurately. This system aids in enforcing wildlife trade laws and protecting the species from exploitation.
Certificate Validity
Transaction Specific Certificate (TSC) Validity
The TSC is valid for only one commercial transaction. Once the sale is completed, the certificate must be surrendered to the relevant authorities. This single-use nature ensures that each transaction is documented and legally compliant.
Seller/Breeder Responsibility: The seller or breeder must be listed on the TSC, providing accountability and traceability for each tortoise sold. This requirement helps maintain accurate records and ensures that all transactions are legal.
Specimen Specific Certificate (SSC) Validity
The SSC is valid for the tortoise’s lifetime and can be used for multiple transactions. This certificate is essential for maintaining legal ownership records and ensuring compliance with wildlife trade regulations throughout the tortoise’s life.
Transferability: The SSC can be transferred with the tortoise during sales or changes in ownership. This lifetime validity provides peace of mind for owners, knowing that their tortoise’s legal status is secure.
Responsibilities of New Keepers
Verifying Certificate Details
New keepers must verify the details on the Article 10 Certificate, ensuring that all information is accurate and up-to-date. This step is crucial for maintaining legal compliance and protecting the tortoise’s well-being.
Certificate Accuracy: Ensuring that the certificate accurately reflects the tortoise’s details, such as microchip number, origin, and breeding history, helps prevent legal issues and supports conservation efforts.
Importance of Keeping the TSC Safe
The TSC should be kept in a safe place, as it is necessary for any future commercial transactions involving the tortoise. Losing the certificate can lead to complications and legal issues.
Future Needs: Keeping the TSC safe ensures that the tortoise’s legal status is maintained and that future sales or transfers can be conducted smoothly and legally.
Implications of Losing the Certificate
Losing the Article 10 Certificate can have serious implications, including the inability to legally sell the tortoise in the future. Without this certificate, the tortoise’s legal status may be questioned, complicating any commercial transactions.
Legal and Financial Impact: The inability to sell the tortoise can lead to financial losses and legal complications. Owners must take steps to protect and maintain their Article 10 Certificates to avoid these issues.
Conclusion
Owning a Hermann tortoise involves understanding and complying with specific legal requirements, particularly concerning the Article 10 licence. Whether for commercial transactions or personal enjoyment, ensuring the tortoise’s well-being and legal status is crucial. By understanding the types of licences, the role of microchipping, and the responsibilities of ownership, keepers can provide a safe and compliant environment for their Hermann tortoises. Maintaining accurate records and safeguarding necessary certificates are essential steps in this process, ensuring both the tortoise’s welfare and legal protection.