Turtles As Pets

When it comes to what you are legally allowed to keep as a pet turtle in the United States, as long as your state and local laws allow it, you can keep Pygmy Turtles of any size as a pet. It is the sale of turtles that is more highly regulated.

The most common turtle sold in the United States pet trade for over 50 years is the red-eared slider. At one point, literally millions were sold, and millions are still being produced every year for sale overseas. In 1975, in the United States, it became illegal to sell any turtle under 4” in carapace length as a “pet.”  Though many of us were not alive then, this was purportedly done due to cases of Salmonella bacteria that children contracted from pet turtles. I am told that it was commonplace back then for baby turtles with inadequate containers to be sold even in department stores. A turtle kept for whatever reason requires a commitment more than just an impulse buy on a shopping trip and undoubtedly many turtles got sick and died under poor captive conditions while some of the few that survived and grew were later released into environments where they were not intended to be.  While it is tempting to only look at this rule as overly restrictive and heavy handed, it likely served some valid purpose, though we would welcome modifications or even a full repeal of this rule in modern times where greater education resources are available.  Because of this rule, only our adult Pygmy Turtles with shell lengths that meet the 4” requirement are sold as pets. There are several exceptions to this rule. Smaller Pygmy Turtles can be sold “for bona fide scientific, educational, or exhibitional purposes, other than use as pets.” That is one exception for the sale of smaller Pygmy Turtles. Even with as much as we have learned, there is still so much more to learn and document about proper care and propagation of Pygmy Turtles and even the beginner turtle enthusiast can be part of that scientific endeavor. Proper science isn’t relegated to just a small group in academia and those in corporate labs, but to the common man and his pursuit of greater knowledge. Furthermore, we can all play a role in educating others about wildlife, including turtles, and Pygmy Turtles can be an ideal species to accomplish that with. Pygmy Turtles also display well as they are active during the day, not timid, yet not aggressive, and readily interact with each other and with the humans who care for them.

There are other exceptions found in the 4” rule. “The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connection with a business” is allowed. That exception probably doesn’t apply to this website which may be perceived as a business but may apply to you if you breed your Pygmy Turtles and want to sell baby turtles to your friends or even sell the pet turtles that you obtained. This is the exception that many private turtle breeders operate under exchanging species with each other and even to potential new private breeders.

Finally, there is a third applicable exception for the 4” rule and this one is especially valid for those who want to keep large quantities of Pygmy Turtles.  “The sale, holding for sale, and distribution of live turtles and turtle eggs intended for export only, provided that the outside of the shipping package is conspicuously labeled “for export only.”” Once we started producing notable numbers of baby Pygmy Turtles and posting photos of them on social media, more than one of the first messages received were importers from other countries and an exporter here in the United States looking to purchase the turtles for exportation to other nations. You see, Pygmy Turtles aren’t just popular pets here in the United States, they are also popular pets in nations with more freedoms to buy and sell pet turtles than we have here. It is quite possible that one could acquire a large group of Pelusios nanus, reproduce them in large numbers, and sell every single baby profitably overseas. Pelusios nanus are listed as C.I.T.E.S. Appendix III and IUCN Not listed/Least Concern meaning that there are no additional international restrictions either on importing Pelusios nanus to the United States nor exporting them out to another nation. Remember that literally millions of red-eared sliders are produced here in America to meet the demands of foreign turtle pet markets and we would strongly argue that Pygmy Turtles are better suited for those markets as pet turtles than those red-eared sliders for all of the same reason that we believe they are the best pet turtle here. Pygmy Turtles can be bred in dense populations in even smaller facilities than red-eared sliders, possibly even indoors. It is also likely that genetic color mutations of Pygmy Turtles will appear in the future which will even further increase demand for them.

None of these exceptions apply to Pelusios nanus entering the United States. Imported animals are still subject to the 4” rule and how it is applied by U.S. Fish and Wildlife when a shipment comes in. We would strongly argue that Pelusios nanus sometimes do not reach a full 4” if the shell is measured in a straight line and that any adult turtle should be considered in compliance with this rule even if they are sub-4”. Much of that will be at the discretion of the individual inspector of the shipment and whether they closely follow the intent or the letter of the regulation. Rumors persist of shipments of Pelusios nanus being forced to be sent back to Africa due to not meeting the 4” requirement. This is a reason to try to successfully propagate the Pygmy Turtles that are already here to ensure availability for the future.

We are not lawyers. I have provided links which include copies of the rules for you to review yourself. Enforcement of the FDA rules are less likely for smaller producers. Even the large chain store pet shops in the United States are able to sell turtles over 4” and be in compliance with all regulations, so this remains an option for larger specimens of Pygmy Turtles. But not all Pygmy Turtles are even genetically capable of reaching 4” and that is one reason why the legal exceptions are important. While I would be tempted to argue that if a juvenile, half-grown, 4” red-eared slider were in compliance with the 4” rule then a 1 ½”-2” Pygmy Turtle would be within the spirit and intent of the law, that exception does not have a legal standing at this time. Perhaps appeals will be made in the future to modify or repeal the 4” rule which seems out of place and out of date for Pygmy Turtles in the modern era of advanced turtle keeping. Until the rules change, it behooves us all to be aware of the laws as they currently are.

In addition to United States federal law, most of us will also have to comply with state and local regulations in regards to keeping, buying, and selling these turtles. We will endeavor in the future to add more information regarding these things to this website.