Sometimes the law is formulated in a way that makes it a little hard to understand, and this also happens with laws about owning turtles and selling turtles as well. In this article, I am going to tell you in plain English what are the laws about turtles in Washington.
Before diving into the exact laws let me answer a couple of the most asked questions.
Is it illegal to own turtles in Washington? No, you can legally own a turtle in Washington, it all depends on the species. There are certain endangered species that are protected by the law that are illegal to own, but most of the common ones are not endangered and you can own them as pets.
Is it illegal to sell turtles in Washington? You can legally sell turtles in Washington only if you have a license or a permit. If you don’t own one it is illegal and punishable by the law.
When it comes to laws on broad topics you can’t always get the right answer by simply answering with a yes or a no, so let’s take a closer look at what the laws have to say.
Note: The term “turtle” includes all animals commonly known as turtles, tortoises, and terrapins.
Turtle Ownership Laws in Washington
It is illegal to own any turtles from the following species:
- Common Snapping turtle
- Alligator Snapping turtle
- Spotted turtle
- Wood turtle
- Bog turtle
- European Pond turtle
- Asian Pond turtle
- Softshell turtles
It is illegal to pet turtles into the wild.
It’s illegal to own any of the seven sea turtle species: Loggerhead turtles, Green sea turtles, Leatherback turtles, Hawksbill turtles, Kemp’s ridley turtles, Olive ridley turtles, and Flatback turtles.
It’s illegal to own an endangered turtle species, without a license or permit from the state.
Turtle Commercialization Laws in Washington
It is illegal to commercialize turtles without a permit from the state.
It is illegal to commercialize any turtles from the following species:
- Common Snapping turtle
- Alligator Snapping turtle
- Spotted turtle
- Wood turtle
- Bog turtle
- European Pond turtle
- Asian Pond turtle
- Softshell turtles
It’s illegal to sell or commercialize in any way any of the seven sea turtle species: Loggerhead turtles, Green sea turtles, Leatherback turtles, Hawksbill turtles, Kemp’s ridley turtles, Olive ridley turtles, and Flatback turtles.
It’s illegal to sell or commercialize in any way endangered or vulnerable turtle species.
The 4 Inches Law
In 1975, the US government passed regulations with a stated goal to protect sea turtle eggs, reduce environmental damage, and reduce health risks. In short, this law makes it illegal to sell turtles that are smaller than 4 inches. Here is the law.
Code of federal regulations, title 21, volume 8, part 1240 ‘Control of communicable diseases’, subpart D ‘Specific Administrative Decisions Regarding Interstate Shipments’, section 1240.62 ‘Turtles intrastate and interstate requirements.’
(a) Definition. As used in this section the term “turtles” includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (families Dermochelyidae and Cheloniidae).
(b) Sales; general prohibition. Except as otherwise provided in this section, viable turtle eggs and live turtles with a carapace length of fewer than 4 inches shall not be sold, held for sale, or offered for any other type of commercial or public distribution. [emphasis mine]
(c) [I’ve omitted this part. It deals with eggs, consequences, how to report, how to appeal, penalties, etc.]
(d) Exceptions. The provisions of this section are not applicable to:
(1) The sale, holding for sale, and distribution of live turtles and viable turtle eggs for bona fide
scientific, educational, or exhibition purposes, other than use as pets. [emphasis mine]
(2) The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connection with a business.
If you want to read the entire act here is a link to it: FDA Title 21, Volume 8
Laws About Wild Turtles in Washington
It is illegal to remove turtles from the wild without a permit from the state.
Washington Native Species
Common Snapping Turtle Chelydra serpentina serpentina
Northern Pacific Pond Turtle Emys marmorata marmorata
Western Painted Turtle Chrysemys picta bellii
Western pond turtle Clemmys marmorata
Washington Laws About Sea Turtles
There are 7 different sea turtle species, and all of them are either endangered or vulnerable. So in all states, they are protected by law. This means that you can’t own or commercialize sea turtles, no matter which species it is.
It is also illegal to destroy or disturb sea turtles’ nests. Also, the sea turtle’s eggs cannot be sold or disturbed in any way.
Sea turtles also have specific nesting sites, and all of them are usually on beaches. So making any kind of major change to the nesting area is also prohibited.
If you want to be able to study sea turtles you are going to need a Service and/or a State permit. Any activity that exceeds the limits of State authority for an endangered species will require a Federal permit in addition to the State permit.
A permit from the State or the Service is needed to capture or remove sea turtles from the wild. That permit may allow retention of specimens in captivity and, if so, sea turtles may be transferred by the permittee to a facility for holding in accordance with their authorization.
States may issue permits for capture and retention of sea turtles under the auspices of their ESA section 6 agreements with the Service. However, a Service permit will be needed for endangered species in the following circumstances:
- The death or permanent disabling of a sea turtle
- The removal of a sea turtle from that State
- The holding of a sea turtle in captivity for a period of more than 45 consecutive days
NOTE: Under the Emergency provisions of their section 6 cooperative agreements with the Service, States can authorize holding endangered sea turtles for more than 45 consecutive days if such holding is necessary to aid sick or injured turtles.
If the original permit for taking a sea turtle from the wild allows for it, the specimen may be transferred between the original holding facility to others, even out of state, without additional authorization from the Service. Note that both parties of a transfer should generate and maintain documentation to demonstrate that a sea turtle has been taken and possessed lawfully. Copies of applicable permits should be enclosed with shipments of sea turtles.
This information should cover the basics of what you need to know about the laws regarding sea turtles. If you want to obtain a permit to work with sea turtles you should check out the Fish and Wildlife government site where you will find every detail that you have to know: https://www.fws.gov.
Why Those Laws Exist
A lot of turtle species are endangered or vulnerable at the moment so a lot of those laws are in place to ensure their safety. Without laws that protect turtles, people would still be hunting them to extinction or taking them from their natural habitat without thinking about the consequences.
Another reason why those exist is to protect the environment. A lot of people believed that if they don’t want to have a turtle as a pet they can just release them in the nearest forest or lake without any consequences, but that’s not the case. Every ecosystem has its own balance and adding or extracting a species from it can greatly destabilize that balance. This is another reason why those laws exist.
So in general those laws exist to protect the turtles and the environment. It is completely possible that the laws might change at some point. After all most laws aim to protect and help endangered turtle species to grow in number. After a species will reach again a good healthy number there is a good chance that the laws will be less restrictive.
Conclusion
Those are the Washington laws regarding turtles. Laws can sometimes be very unclear and hard to understand, so I did my best to simplify them, without losing their meaning. One final thing that I want to mention is that state laws don’t always completely cover all turtle species, they are usually focused on native species, so if you still don’t know if you can own or sell a certain turtle species you should check out the resources section, there you will find a link to the state department that deals with wildlife, this is the place where I did the research for this article, their website also contains a contact page where you can get into contact with them if you have any specific question.
*This article has been updated in April 2023
Resources
Washington Department of Fish and Wildlife
*Note that I am not a lawyer and this is not legal advice. The materials available on this website are for informational purposes only and not for the purpose of providing legal advice.
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Really enjoyed reading your post. I grew up just 20 miles outside of Spokane and we had many ponds around us as well as growing up on Clear Lake. I am in my late 50’s and I can remember hundreds of turtles in spring and fall moving to the lake or back to the ponds to hibernate. The last time I visited, about two years ago, I scarcely saw 20!
I do have a Q though. If a red eared slider was introduced into our environment, (Puyallup area), would it eventually breed with a native variety or just live amongst the natives and be celibate?
I ask because I was reading a group’s “heads up” site and someone was trying to find a home for one because they no longer had a large enough tank and someone commented about letting it loose in one of the lakes.
Thanks for reading!
Hello Lori, I am glad you enjoyed the post. A pet turtle released in the wild will have very few chances to survive. There is a small chance that it will adapt to the environment, but in general that doesn’t happen.
Turtles are loners, they don’t spend time in groups, the only time turtles interact with each other is during the mating season. Other than that they prefer to be alone, so it’s not really a problem of being accepted by the other turtles.
Releasing a pet turtle into the wild is not a good idea in most cases, there are a lot more bad things that can happen, than good things. I have an article called: Can Pet Turtle Survive in the Wild? In this article I cover every possible outcome.
Even if somebody wanted to help a local population increase by adding a few turtles, things can still go bad. Those kind of things are better left to professionals that know how to properly influence the ecosystem of an area.
If you want to help the turtle population in your area you can always look for organizations that do this kind of thing. If you need help finding one, or you have any kind of question, you can leave a comment on any article on the site and I will answer it as soon as possible.
Have a nice day!
There’s a pet shop in the Spokane area that has a huge large turtle it may be 30 or 40 or even 50 years old is it legal for them to have that turtle he just sits in a metal pool all day he is not a water turtle but is a land tortoise is it illegal in Washington to have that tortoise for that pet shop because it’s very sad
It’s essential to ensure that animals in captivity, such as the large land tortoise you mentioned, are kept in appropriate conditions and are in compliance with local and federal laws. The legality of keeping a particular species of turtle or tortoise varies from place to place and can depend on factors like the species, size, and specific regulations in your area.
In Washington state, there are regulations governing the ownership and sale of certain wildlife species. The Washington Department of Fish and Wildlife (WDFW) is responsible for overseeing these regulations. Land tortoises like the African spurred tortoise (also known as the sulcata tortoise) are generally considered non-native wildlife, and ownership of non-native species may be subject to specific permits and regulations.
Here are some steps you can take:
Contact WDFW: Reach out to the Washington Department of Fish and Wildlife to inquire about the specific regulations surrounding the ownership of large land tortoises. They can provide information on whether the pet shop is in compliance with the law.
Report Concerns: If you believe that the tortoise is being kept in inadequate or inhumane conditions, you can report your concerns to local animal control or a relevant animal welfare organization. They can investigate and ensure that the pet shop is following proper care standards.
Animal Welfare Laws: Familiarize yourself with any local or municipal animal welfare ordinances that may apply in your area. These may provide additional protections for the welfare of animals in captivity.
Ask for Documentation: You can also ask the pet shop about the source of the tortoise and whether they have the necessary permits and paperwork to keep this species.
It’s essential to address any concerns regarding the welfare of the tortoise and ensure it is receiving proper care. Local authorities and animal welfare organizations are often the best resources for addressing such situations. Remember that the specific regulations and enforcement mechanisms can vary, so getting in touch with the local authorities is the best way to determine the legality and appropriateness of the tortoise’s captivity.