There are many studies on this subject, but most of them have several dozen pages, contain long content of laws and reading them causes even greater doubts about what you need to have and do to have a bird of the genus Brachypelma legally.
Only Brachypelma is on the CITES list Annex B. Other tarantulas are not subject to any regulations and their trade is allowed without the requirements of any documents.
The case is as follows, in order to have a legal Brachypelma tarantula we should:
1. Have a document proving its legal origin. This can be one of the following variants:
- if the tarantula was born in a Polish kennel (no matter if it is a large breeding or a one-time reproduction at home), the tarantula should be accompanied by a certificate of birth in captivity issued by the District Veterinary Inspectorate appropriate to the place of birth of the tarantulas. For each tarantula should be a separate certificate. It can be a copy certified as true to the original.
- if the tarantula comes from abroad, it should have a copy of the CITES permit for the import of specimens described in accordance with the guidelines contained in the Nature Conservation Act, if there is no CITES in the imported country, you should have a proof of purchase or a statement from the breeder from whom you buy.
- other documents proving the manner of taking possession of the animal, e.g. a donation or loan agreement, documents indicating the receipt of a specimen in inheritance, invoices, bills, other documentation regarding the transaction, needed primarily to assess the legality of taking possession of the specimen. A document recognised by another Member State as sufficient evidence of the legal origin of the specimen. In case of doubt, confirm whether the document meets this condition. This can be done by asking the question directly to the governing body of the relevant country or through the Polish Ministry of the Environment.
It is not specified exactly which document or group of documents is enough to prove the legality of the origin of the tarantula or other animal. Sometimes one document may be enough, sometimes having several documents may not be enough. Therefore, you should have the best possible documentation of the specimen and do not acquire animals from suspicious sources.
2. Registration – arthropods are not subject to registration. Other animals need to be registered, e.g. turtle, snake, chameleon. The tarantula is an arthropod, so let's explain once and for all that tarantulas are not registered.
The obligation to have and hand over documents when transferring an animal from the CITES list is regulated by law. The provisions of the Nature Conservation Act refer to the requirements of European Union law1 in the field of international and internal trade in endangered species. The provisions of the new Nature Conservation Act impose on entities involved in the trade in endangered animals the obligation to have and provide the buyer with documentation confirming the legality of the origin of the specimen. Copies of the original documents must be certified in a strictly defined manner. Violation of this provision (i.e. failure to have or provide documentation) is punishable by arrest or a fine (Article 131 point 1 of the Act on Nature Protection).
1 In Poland, from 1 May, the relevant provisions of Community law are directly applicable - Regulation 338/97 (version updated in Regulation 1497/2003 and Regulation 834/2004);1808/2001; 776/2004. The list of species restricted in the trade can be found in Annexes (A-D) to Regulation 338/97 (version updated in Regulation 1497/2003: http://europa.eu.int/eur-lex/pl/dd/docs/2003/32003R1497-PL.doc ).
- Article 64(1) of the Nature Conservation Act of 16 April 2004
- COUNCIL REGULATION (EC) NO 338/97