• Society The Animal Welfare Law excludes hunting dogs and dolphins from its application
  • Animal Welfare Law Society: if I already have a dog, do I have to do the course?

The Congress definitively approves this Thursday the so-called Law for the Protection of the Rights and Welfare of Animals, a rule designed to prevent the abandonment of animals, penalize abuse and promote adoption over purchase that, in addition, recognizes for the first time animals as subjects of rights and regulates "the protection of their dignity". "All people are obliged to treat animals according to their condition as sentient beings," proclaims a controversial text throughout its processing, because it has finally left hunting dogs out of regulation, facing again the partners of the coalition government, PSOE and United We can

The rule will go ahead with the rejection of both the rural world – which sees in it a prolegomenon to prohibit hunting and impose more restrictions – and environmentalists, because it bets on a visibly urban animalism that protects colonies of stray cats even at the cost of the damage they pose to other native species (an "ideological contradiction", according to Ana Oramas, from CC). It has also caused division in the environment of conservationism that has chosen to combat the plagues of pigeons, rats or Argentine parrots with "non-lethal" methods that "do not involve sacrifice for animals." The groups defending nature are hurt by the coalition government, in addition, because it does not meet their demands to restrict mink farms or shows with cetaceans.

In a world of demographic decline where more and more pets are kept (they are in one in three homes), the law introduces new rules of the game to relate to them. It is reproached, however, that it is "excessively regulatory and does not trust people" (Joseba Agirretxea, of the PNV) and that "hyperbureaucratizes the possession of animals" (Guillermo Díaz Gómez, of Ciudadanos) to such an extent that it will be very difficult to attend to the infinity of rules that are established. This will lead in many to its non-compliance, as predicted in the sector, and to "the legal insecurity" of the holders of animals, in the words of Milagros Marcos, of the PP, who has warned that the law will only serve to "give place of refuge to the militancy when the adversary governs", before the great variety of committees, records, Tips and newly created systems that it raises.

A PSOE pressured by its hunting electorate has defended that "despite the confrontation and the noise we have made an effort to understand and interpret all sectors" (Begoña Nasarre), but the Minister of Social Rights, Ione Belarra, who has not been present at the debate of her law in Congress, has reproached her partner for "having shaken hands with PP and Vox to exclude from this rule the hunting dogs." "I regret not having been able to rebuild that consensus that we achieved in the Government to protect all animals and I hope that, sooner rather than later, the PSOE realizes that it has made a mistake by giving in to the hunting lobby and unprotecting an important part of the animals," he added.

This is the first law of these characteristics to be approved in Spain, since the matter had been regulated until now at the regional and municipal level. It will enter into force in September, six months after its publication in the BOE, although many of the measures it proposes need to be specified in regulatory developments. The changes it includes have caused many doubts. Here are the answers:

Will people who want to have a pet have to do a previous training course?

Yes, they must take a "responsible ownership course", free and online, to "acquire basic knowledge in order to know prior to the adoption or purchase of an animal their basic needs", confirms to ELMUNDO the Belarra team.

Will dogs have to pass a sociability test?

That was the idea until today, but this test that generated controversy has been suppressed through an amendment of Compromís registered at the last minute. It was intended that dogs were obliged to pass "a test to assess their aptitude to function in the social sphere" and their level of social behavior was to be examined by an ethologist. It was the alternative to the repeal of the list of potentially dangerous dogs, which in the end remains.

Will all cats have to be sterilized?

Yes, all cats must undergo surgical sterilization before six months, except those registered as breeders in the Register of Pet Breeders.

Will dogs and cats be able to be purchased in stores?

No. One of the main novelties is that law prohibits the sale of dogs, cats and ferrets in pet stores. Those who want to have them must adopt them or go to a breeder registered in the Breeders Registry.

Will children still be able to have hamsters, parrots or water turtles?

The Ministry explains that, after the approval of the law, a deadline is given for the creation of a positive list of animals, in which the wild animals that can be considered pets will be established. "This list is expected to include hamsters, rabbits and guinea pigs," he says, confirming that these rodents can be kept and sold in stores as before. The employer of pet stores adds that most aquarium fish will remain the same, because there are very few protected species, but water turtles, parrots and a good part of the reptiles can no longer be sold because they are protected species according to the CITES convention and all those that have some degree of protection will not be included in this list.

Are families going to have to register a hamster or a canary?

Yes. "The registration of pets will be necessary for all animals that are established in the positive list of pets," confirm Belarra's advisors. All dogs, cats and ferrets will have to be microchipped and birds will be identified by ringing from birth.

How should we proceed in the face of the death of a hamster?

"The withdrawal of all pets must be communicated to cancel the identification, as is currently the case with the rest of pets," responds the Ministry. The law says that "the discharge of a pet for death must be accompanied by the document proving that it was cremated or buried by a company officially recognized for the performance of such activities, stating the identification number of the deceased animal and the name and surname of its responsible or, failing that, that it be recorded in the databases of the company that dealt with the body. If it is impossible to recover the body, it must be properly documented."

Are limits set for the ownership of animals in the home?

In 2021 the general director of Animal Rights, Sergio G. Torres, said that individuals could not have more than five animals in their home and that those who wanted to have them should register as zoological nuclei. The law does not include this part, but in the Ministry they say that "this issue will be determined in the future regulation of zoological nuclei of pets, which has already held the public hearing and will be developed in the coming months."

Can you have snakes or spiders at home?

No, if they pose "risks to the health or safety of humans or other animals" or some other "reasonable danger".

Can the dog be left alone?

No pet may be "left unsupervised for more than three consecutive days". In the case of dogs, this period "may not exceed 24 consecutive hours".

Can you have the dog on the terrace?

It is forbidden to "regularly keep dogs and cats on terraces, balconies, rooftops, storage rooms, basements, patios and the like or vehicles."

Will nursery schools be able to have a rabbit or a bird in the classroom for teaching purposes?

No, "the use of classrooms as a place of residence for animals" is prohibited, as well as "the distribution of animals among students and any other similar practice".

Will dolphin shows in zoos be maintained?

Yes, but as long as these shows are performed under the supervision of their caregivers and professionals related to them. This is one of the points that most worries environmentalists, because the situation remains as it is now.

What animals will be allowed in circuses?

The use of wildlife animals, such as elephants, lions or giraffes, is prohibited, but horses, birds or dogs are left in the shows.

Will animals be able to participate in pilgrimages like El Rocío?

It is not clear, because the law "prohibits the use of animals in pilgrimages and holiday events when an excess of temperatures is identified." And they must be guaranteed "optimal levels of animal welfare".

And in cavalcades, processions or nativity scenes?

"The use of animals in nativity scenes, parades or processions in which the animal is kept in a manner incompatible with its welfare, given the characteristics of its species, or immobilized for the duration of the event is prohibited."

Can a goat be used for traveling performances?

It is forbidden to use animals "on an itinerant basis as a claim".

Will the raffles of the fairs be able to give fish as a prize?

No, it is forbidden to "use animals as a claim, reward, prize, raffle or promotion".

Is it the end of ads with cats?

No, "advertising activities can be carried out as long as they do not cause anguish, pain or suffering to animals," says Belarra's team.

How should animals be treated in movie or series shoots?

A 'responsible declaration to the competent authority' must be made explaining under what physical conditions the filming is to be made. If scenes of abuse are shot, it must be simulated and in the presence of a veterinarian, stating in the exhibition of the films that they are simulated scenes.

Will restaurants be required to admit dogs?

It will depend on municipal ordinances or specific regulations, but the law says that the premises, if they do not want to admit entry, "must show a badge indicating it, visible from outside the establishment."

Will animals be allowed to go on the bus or subway?

'Public and private transport shall facilitate the entry of pets which do not constitute a risk to persons, other animals and things, without prejudice to the provisions of public health regulations, municipal ordinances or specific regulations.'

Should municipalities take care of abandoned animals?

A measure that stinging the municipalities is that they will have to enable an emergency service available 24 hours a day for the collection and veterinary care of lost and abandoned animals, as well as their accommodation in an animal protection center when many of them do not have funds to maintain an ambulance service for humans.

How will urban pests of pigeons, rats or Argentine parrots be controlled?

Groups defending biodiversity are shocked that it has been put into law that municipalities must use "non-lethal" methods of population control of urban fauna. This means, as explained in the Ministry, to promote what is already done in municipalities such as Valencia or Barcelona, which apply methods "that do not involve the sacrifice of animals", such as giving pigeons feed that carry contraceptives. Other environmental groups are against this and believe that it is more effective to combat pests with lethal methods.

What is to do with stray cats?

For feline colonies, a system of "population health control" is established, already implemented in Autonomous Communities such as Madrid. It is a question of "progressively reducing their population while maintaining their protection". That is, they capture them, sterilize them and set them free again. Environmental associations question this system. The Canary Islands also reject it categorically (CC has voted against it) because these cats "prey" native species, such as the giant lizard of El Hierro, the lisneja or the blue finch of Gran Canaria, in addition to eating birds with great value for biodiversity.

Can animals be used for begging?

In principle it was prohibited, but after amendments of More Country and Junts in the Senate this prohibition has been removed, adding a paragraph that excepts "the right of homeless people to be accompanied by their pets".

What about hunting dogs?

They have been left out of the law after pressure from the sector and by decision of the PSOE. Unidas Podemos has reluctantly accepted, but there is strong unease among environmentalists. Also excluded from this law are bullfighting shows, animals used in scientific experimentation, falconry birds, sheepdogs and livestock guard dogs and rescue dogs and dogs of the Security Forces.

Will there be a new animal 'police'?

Article 66 speaks of an inspection function that worries the rural world, because it opens the door for the officials responsible for the inspection to "require the collaboration of animal protection entities" and even separate animals from their owners in a precautionary manner.

Can they put in jail anyone who kills a rat that has entered a house?

The Ministry says it is a hoax and it does not seem plausible that a judge would consider it so. The reform of the Criminal Code lends itself to confusion because those who kill non-domestic vertebrate animals are punishable by six to 18 months in prison, but exceptions are contemplated for reasons of "health, safety or health".

What sanctions are contemplated?

From 50,001 to 200,000 euros fine for very serious infractions, such as selling dogs and cats in pet shops, using wildlife in circuses, "euthanasia with inadequate means or by unqualified personnel" or the death of the animal provided that it does not constitute a crime. It will be a minor infraction (fines of 500 to 10,000 euros), for example, not communicating the loss or theft of an animal. And within the serious infractions (from 10,001 to 50,000 euros), it includes abandoning the animals, not picking them up from veterinary centers, keeping them permanently on terraces or balconies ... In addition to this law, a reform of the Penal Code has been approved, which punishes with imprisonment of three to 18 months causing injury to an animal. If it is done in the presence of a minor, as in a recent case in Jerez, it will be considered an aggravating factor.

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