CITES UK LICENSING REQUIREMENTTrade in certain tortoise species is controlled under this convention, which is an international agreement which came into force in 1975. Over 128 countries are now party to this Convention, which helps to protect the world's endangered species by restricting and monitoring international trade.
Each country has its own Regulations for implementing CITES. In EC countries it is implemented by EC Regulation 3626/82.
Generally speaking, for the importation, sale, exchange or bartering of certain tortoise species, a licence or exemption certificate is required from the relevant Authority. In UK this is the Department of The Environment.
Certain species of tortoise are listed in Annex C1 to EC Regulation 3626/82, which means that they are treated within the EC as if they are listed in Appendix 1 of CITES. This means that they are considered to be threatened with extinction in the wild and trade is strictly controlled.
The three European species (and of course their Sub Species) listed are Hermann's tortoise (Testudo hermanni), Mediterranean Spur-thighed tortoises (Testudo graeca) and Marginated tortoises (Testudo marginata).
DEFRA (Department for Environment, Food & Rural Affairs)See our Tortoise PicturesEnvironmental Organization WebDirectory
CITES LEGISLATION : Controls on sale and purchase of
tortoises.
Issued by:
Wildlife Trade Licensing Branch
Room 822
Tollgate House
Houlton Street
Bristol BS2 9DJ
email :
wildlife.licensing@animalhealth.gsi.gov.uk
Specimens listed on Annex A must have an Article 10 sales
exemption certificate before they can be used commercially, purchased and
offered, transported or kept for sale.
The sale of Annex B specimens is not prohibited unless the
seller does not possess documentary evidence that the specimens were imported or
acquired legally.
There are two sorts of Article 10 Certificate:
A 'Holders Certificate' allows an Annex A specimen to be used
for specific commercial purposes whilst it is in the ownership of the holder,
and also covers one sale of the specimen by the holder. Any new owner would then
need to apply for their own Article 10 Certificate if they wished to use the
specimen for commercial purposes or sell it.
A 'Breeders Certificate' is issued to the breeder of the
specimen. This certificate allows the specimen to be used for specified
commercial purposes and is not owner specific. The certificate should be passed
with the specimen from keeper to keeper. It can not be re-issued and ceases to
be valid when it is lost.
Sometimes a semi-complete 'Breeders Certificate' may be issued
to a breeder, for a specimen they anticipate will be bred that season by a
specified breeding pair of adult specimens. The Department will issue both a top
copy (as per usual) and duplicate copy. When a specimen hatches, the breeder
will add date of birth and identifying mark details, in typescript, on both
copies and return the duplicate copy to the Department.
With tortoises, there is a unique situation regarding the
marking of hatchlings (see below).
Exceptions: known as DEROGATIONS or EXEMPTIONS.
The regulations allow a general exemption for the sale of
* certain live captive bred species of birds: various ducks,
pheasants and so on listed on Annex VIII of the implementing regulation 939/97
* artificially propagated specimens of plant species (proof
of origin will be required)
* worked specimens of species legally acquired before 1 June
1947.
Worked is defined as 'significantly altered from their natural
raw state for jewellery, adornment, art, utility, or musical instruments and
require no further carving, crafting or manufacture to effect their purpose'.
(proof of date of acquisition will be required - for example, an old piano with
ivory keys would not require an Article 10 sales licence, as long as there is
evidence that the keys were legally acquired before 1 June 1947).
In addition, permits/certificates are not required for the
import and re-export of personal or household effects of persons not normally
residing in the EU Community.
Article 10 certificates are not required for advertisements
for the unborn: for example, bird breeders who advertise in order to obtain
orders for the following breeding season.
Article 10 certificates are also not required for
advertisements offering to purchase non-specific Annex A Specimens: for example
a WANTED advert.
Once a specimen was found, however, the sale/purchase would
need to be covered by an Article 10 certificate.
Scientific Institutions: individual permits and certificates
are not required for non-commercial loans or exchanges between registered
scientific institutions of herbarium specimens, museum specimens or live plant
material for scientific study, provided both institutions have been issued with
an Article 30 certificate.
The following species of tortoise are listed
on Annex A and require Article 10 Certificates for sale and commercial use
including keeping, transporting and offering for sale.
TORTOISE 3 Keeled Land
Melanochelys tricarinata =441
TORTOISE Angulated Geochelone
yniphora =444
TORTOISE Berger's cape Homopus
bergeri
TORTOISE Bolson Gopherus
flavomarginatus
TORTOISE Common Testudo gracea
TORTOISE Egyptian Testudo
kleinmanni
TORTOISE Galapagos Giant
Geochelone nigra =443
TORTOISE Geometric Psammobates
geometricus =444
TORTOISE Hermanns Testudo
hermanni
TORTOISE Madagascar
flat-shelled Pyxis planicauda
TORTOISE Madagascar Radiated
Geochelone radiata =444
TORTOISE Madagascar Geochelone
yniphora =444
TORTOISE Marginated Testudo
marginata
TORTOISE Mexican Giant Gopher
Gopherus flavomarginatus
TORTOISE Pancake Malacochersus
tornieri
TORTOISE Spur Thighed Testudo
gracea
=441 includes generic synonyms Nicoria and
Geoemyda (in part)
=443 also referenced as Geochelone
elephantopus; also referenced in genus Testudo
=444 also referenced in genus Testudo
Marking Tortoise Hatchlings
The Department recognises that tortoise hatchlings under 100mm
plastron length are too small to be safely fitted with a microchip transponder.
The DETR therefore issue sales certificates with a special
condition requiring the tortoise to be marked when it reaches 100mm in length.
These certificates cease to be valid if the tortoise is not
microchipped when it reaches the required size. If a person is selling tortoises
using such a certificate, they must inform the buyer of the marking condition
imposed on the certificate. Once the tortoise has been microchipped, the holder
must return the certificate to the Department for amendment.
However, until such time as the hatchlings reach 100mm, the keeper must mark
them uniquely by way of a microdot, plastron fingerprinting, or some other
reliable method.
There are various Guidance notes on this subject which are
available from the Department's Wildlife Licensing and Registration Service.
They can be contacted on 0117 987 8691/8168.
This page was last modified on Friday, June 19, 2009 13:37