Expectations for the configuration of the positive list of wild animals of Law 7/2023

Abstract

This article delves into the study of the figure of the positive list or positive lists, introduced by the new Law 7/2023 of March 28, on the protection of the rights and well-being of animals. Firstly, a first approximation to the nature of the new Law 7/2023 is carried out, to then analyse what the positive list of animals consists of. This also allows explanation of the current second transitional provision, an essential precept since the entry into force of the standard until the future approval of the different positive lists through regulatory standards. Subsequently, we proceed with analysis of part of the relevant regional regulations to try to glimpse what meaning the future positive list of animals will have, taking into account the relatively recent entry into force of these regional regulations, and which can be considered a reference valid for the new state legal rank standard. Finally, we propose a procedure for preparing positive lists and an attempt is made to elucidate what, broadly speaking, the content of these positive lists should be, making special mention of those animals that could be considered dangerous due to their poison.