Article 32. Specific conditions
1. The possession, breeding and trade of wild fauna animals in captivity is prohibited outside of the assumptions admitted in this law.
2. The possession, exchange and breeding in captivity in zoos or similar parks within the framework of programs of any of those provided for in article four of Law 31/2003, of October 27, conservation of wildlife in zoos and within the framework of programs for the conservation of endangered species in which the competent administrations participate.
3. The competent authorities may exempt from the prohibition included in the first section, if the exceptional circumstances contemplated in article 61 of Law 42/2007, of December 13, and articles 9 and 12, respectively, of the Directive 2009/147/EC, of November 30, on the conservation of wild birds, and Directive 92/43/EEC, of May 21, on the conservation of natural habitats and fauna and flora wild.
4. Wild animals whose breeding, holding in captivity or eventual transfer or sale are excepted from what is included in this standard will be determined by regulation, following a favourable report from the Scientific and Technical Committee for the Protection and Rights of Animals.
5. When the competent authorities become aware of the existence of wild animals contrary to the provisions of this law, they will adopt the necessary measures for their intervention and making them available to centres for the protection of wild animals, zoos or animal protection entities. In the case of zoos, the deposit of specimens will be carried out as long as it does not affect their ability to comply with the programs provided for in article four of Law 31/2003.
6. In the case of cetacean species, breeding and maintenance in captivity will be limited to research and conservation purposes. Its use in shows can only be carried out under the supervision of its caregivers and related professionals.
Within the framework of the State Commission for Natural Heritage and Biodiversity, following a report from the Scientific and Technical Committee, the General State Administration together with the autonomous communities will prepare management guidelines and captivity conditions for the specimens linked to the aforementioned purposes.
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