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Desert Tortoise Laws

Desert tortoises are protected under state and federal laws, including the Endangered Species Act. It is illegal to harm, harass, or collect them without permits. Conservation efforts focus on habitat protection and restoration.

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Threats and Protection

Desert Tortoise As a Threatened Species

  • The desert tortoise is listed as a threatened species, protected under the U.S. Endangered Species Act and Nevada Administrative Code (NAC 503.080), as well as the laws of other states in which the desert tortoise lives.
  • Wild desert tortoise populations have declined due to diminished habitat and the direct loss of individual tortoises due to human activity such as poaching, collecting for pets, vehicular impact, and predator encroachment.
  • It is against federal and state law to collect a wild desert tortoise without a permit from U.S. Fish and Wildlife Service and Nevada Department of Wildlife (NAC 503.093).
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Desert Tortoise As a Pet

  • All desert tortoises in Nevada, whether in captivity or not, are considered wildlife (NRS 501.097) and therefore belong to the people of the State of Nevada (NRS 501.100). Those who legally possess a desert tortoise are considered custodians, rather than owners, of the desert tortoise(s) in captivity.
  • Citizens can serve as custodians of desert tortoises acquired through a U.S. Fish and Wildlife Service-approved adoption program, operated by Tortoise Group in southern Nevada, or if the tortoise was collected or born in captivity before August 1989 (NAC 503.093), which is pre-Endangered Species Act listing.
  • Pet desert tortoises (regardless of size, age, or origin) cannot be traded, sold, or given to others, nor can they be released to the wild (NRS 501.379, NAC 503.093 and NAC 503.135).
  • Keeping a desert tortoise as a pet is a long-term commitment. Tortoises may live more than 60 years in captivity and must be kept outdoors to remain healthy. They require a secure yard to prevent escape with an insulated burrow, healthy food plants, access to water, and above-ground shade. Recognizing poor tortoise health is not always obvious, so regular check-ups with a specialized reptile veterinarian are also highly recommended.
  • If you have a tortoise as a pet, ensure that it cannot escape from your property and become a stray, nuisance animal. Tortoise Group can evaluate your yard for security.
  • Well-maintained pet desert tortoises, with reliable food and water, can reproduce much more reliably than their wild counterparts living in the harsh desert environment. However, breeding pet desert tortoises does not to promote the survival and recovery of the species in the wild. Indiscriminate propagation and release of pet tortoises can result in poor survival and harm wild populations through introduction of diseases or unsuited genetic strains.
  • State and federal wildlife agencies prefer that you possess only one desert tortoise per household. If you have more than one desert tortoise, keep them separate and do not let them breed. This is Tortoise Group policy.
  • Breeding of pet desert tortoises is producing a large number of unwanted animals and placing a burden on the agencies responsible to manage these animals.
  • More than 3,000 unwanted or stray pet desert tortoises are surrendered or abandoned each year
  • Spaying or neutering desert tortoises is new process now available. The best way to prevent breeding is to keep males and females separate. Tortoise Group can help you determine which of your tortoises are male and which are female.

General Information

Wild and Pet Tortoise Regulations

Wild and Pet Tortoise Regulations outline legal protections for the Mojave desert tortoise, prohibiting disturbance of wild ones and governing pet ownership, adoption, and breeding under Nevada and federal laws.

1. How do I treat a wild tortoise?

A. It is illegal to touch, disturb, harass, harm, poach, or bother a tortoise in any way. Leave a wild tortoise alone.

It is illegal to collect tortoise remains.

If it is safe for you to stop, approach the tortoise from the front, pick it up, hold it level, and move it several yards beyond the side of the road or inside any fencing in the direction the tortoise was heading.

Sometimes tortoises will seek shade under a parked car if you are out in rural desert areas. If you find a tortoise under your car, approach the tortoise from the front, pick it up, hold it level, and move it several yards beyond the side of the road or parking lot.

Bring the tortoise inside out of the heat or cold. Place the tortoise in a clean, well-ventilated container, such as a cardboard box, and keep it in a dry area with moderate temperature, such as a bathroom or laundry room. (If you don’t have a box, put the tortoise on the floor in a bathroom or laundry room and shut the door.) The tortoise will be okay without food, but you can offer it a drink of water in a shallow dish. Make sure the tortoise is safe from children and pets.

If you found the tortoise on the outskirts of town, and if the tortoise pulls into its shell and stays there for 15 minutes or more, it’s probably wild.

  • If it’s not in any immediate danger, leave it alone.
  • If it is in danger such as on a busy road, pick it up holding it level and move it off the road in the direction it was heading.
  • If you collected it, take it back to where you found it. There are plenty of pet tortoises waiting for adoption. Click Adoption to learn more.

Wild desert tortoises in the Mojave Desert are protected under the Endangered Species Act and state law. Dead or alive they are not to be touched, collected, or disturbed in any way. However, if you find a wild tortoise on a busy road through the desert, you may help it across the road. Pick it up slowly, from the front, hands firmly on each side. Hold it level and carry it several yards away from the road in the direction it was heading. Place it in the shade, such as under a shrub.

1. Is it legal for me to have a pet desert tortoise?

Yes, if you acquired your tortoise before August 4, 1989 or adopted it through a US Fish and Wildlife Service-approved adoption program, which in southern Nevada is Tortoise Group. Those who have pet desert tortoises are custodians and do not “own” the captive desert tortoise. You may also receive a tortoise from another person and register it on the Tortoise Group website to make it legally yours. Those who have pet desert tortoises are custodians and do not “own” the captive desert tortoise.

Click on the Adoption page and follow the instructions to read about tortoise care. Then submit an Adoption Application. We will contact you right away to set up a time to visit your yard and make suggestions about your tortoise habitat. When your habitat is ready, we will bring your tortoise. It’s that easy!

As of May 1, 2013, NEW custodians are limited to one tortoise to avoid breeding. Other custodians are grandfathered in with however many tortoises they have. Your desert tortoise prefers to live a solitary lifestyle and is fine with the company of you, your family, and other pets.

It is perfectly legal to “gift” a tortoise. To make that tortoise legally yours, register it on the Tortoise Group website. You even get to print out an Adoption Certificate!

Absolutely not. Tortoise Group is devoted to helping you and your tortoise. We can give you suggestions on care and feeding, adoption, what to do with tortoises you may have found (or if you have too many), and many other topics. We seek to help you provide the best possible situation for your tortoise.

Breeding of desert tortoises is not yet illegal in Nevada. However, Tortoise Group and federal and state wildlife agencies strongly discourage breeding captive desert tortoises. We suggest only one tortoise per household. If you keep multiple desert tortoises, separate the sexes and do not allow them to breed. Backyard breeding of desert tortoises has resulted in an overabundance of unwanted pet desert tortoises, which costs management agencies a lot of taxpayer money to manage and care for. Please, no breeding.

There is no longer a place to drop off tortoises.

  • It is illegal to release the tortoise in the desert.

 First, try to find a friend, family member or acquaintance who will give your tortoise a new home. Try very hard. Next, you can call Tortoise Group Adoptions (702-739-7113 #2) to add your tortoise to those available for adoption. Be aware that hundreds of tortoises need new homes every year. Do not release the tortoise into the desert.

 A Nevada tortoise must not cross state lines without written permission from both the exporting and importing states’ wildlife agencies. You will need an exportation permit from the Nevada Department of Wildlife, which will not be granted unless an importation permit from the state you’re moving to has already been authorized by that state’s wildlife agency. And remember, a tortoise should live in the desert.

Only if both the exporting and importing states’ wildlife agencies provide written permission prior to your move.

If no one claims it, you have two choices

1. Keep the desert tortoise.
You may become the legal custodian by preparing a safe outdoor desert tortoise habitat and registering the tortoise on the Tortoise Group website. Tortoise Group can assist with proper desert tortoise care and habitat guidelines. Visit Desert Tortoise Info to learn more about preparing your yard.

2. Find a responsible home.
If you cannot keep the desert tortoise, help place it with someone who can prepare a suitable habitat, follow desert tortoise care guidelines, and complete registration to ensure long-term conservation and protection.

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Support Tortoise Conservation – Donate Now

Your generous donation helps support the protection, care, and rehoming of Mojave Desert Tortoises. By contributing, you play a crucial role in preserving their future and ensuring their well-being through advocacy, education, and conservation efforts.

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