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RULE §65.357Purchase and Sale of Alligators

(a) Sale by control hunter.

  (1) A control hunter may possess a dead alligator indefinitely, but may sell the alligator only to a farmer or wholesale dealer. While in possession of a dead alligator taken under a control contract, a control hunter shall maintain possession of the contract under which the alligator was taken and a copy of the Nuisance Alligator Hide Tag Report (PWD 305). The control hunter shall present the contract upon request of a department employee acting within the scope of official duties.

  (2) A control hunter may temporarily possess a live nuisance alligator, but must sell the alligator to a licensed alligator farmer within 14 days from the time the alligator is first captured.

(b) Purchase and sale by retail dealer.

  (1) A retail dealer may purchase an alligator only from a valid wholesale dealer or lawful out-of-state source.

  (2) Except as provided in this subchapter, no person may purchase an alligator from a wholesale dealer for the purpose of resale without possessing either a valid retail dealer's permit or a valid wholesale dealer's permit.

  (3) Except as provided in this subchapter, no person may sell processed alligator parts such as skulls, feet, or teeth unless that person possesses a valid retail dealer permit.

  (4) A person possessing a valid retail dealer permit may sell legally obtained and documented processed alligators only to consumers.

  (5) A retail dealer permit is not required of a:

    (A) person selling processed products so long as alligator hide is the only alligator part used (e.g., footwear, belts, wallets, luggage, etc.); or

    (B) person that sells alligator ready for immediate consumption in individual portion servings; or

    (C) person selling alligator meat processed and packaged in accordance with applicable local, state and federal laws governing the processing of food for sale to the public.

  (6) A retail dealer permit is required for each place of business, mobile or permanent, where activities that require a retail dealer permit are conducted.

(c) Purchase and sale by wholesale dealer.

  (1) A person possessing a wholesale dealer permit may sell:

    (A) legally obtained and documented processed alligators to anyone; and

    (B) legally obtained and documented unprocessed alligators only to another wholesale dealer or to an alligator farmer.

  (2) A wholesale dealer may purchase legally taken alligators from any hunter, dealer, farmer, import permit holder, or control hunter.

(d) Purchase and sale by farmer.

  (1) A farmer may purchase:

    (A) live or dead alligators from a farmer, wholesale dealer, hunter, or control hunter; and

    (B) alligator eggs from an egg collector.

  (2) A farmer may sell:

    (A) live alligators to another farmer or to the holder of a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C; and

    (B) lawfully documented, unprocessed, dead alligators only to a wholesale dealer or another farmer.

  (3) It is an offense for any alligator farmer to:

    (A) transport or receive a live alligator unless a game warden at the point of origin (if in Texas) and the destination (if in Texas) are notified at least 24 hours prior to transport; or

    (B) transport live alligators for exhibition purposes unless authorized by a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C.

(e) Sale by recreational hunter.

  (1) A person who lawfully kills an alligator under a hunting license may sell only to a farmer or wholesale dealer or lawful out-of-state purchaser.

  (2) An alligator taken on a wildlife management area may not be sold or bartered for anything of value at any time unless a commercial alligator hide tag has been purchased from the department and attached to the alligator.

Source Note: The provisions of this §65.357 adopted to be effective October 21, 2003, 28 TexReg 9081; amended to be effective September 1, 2006, 31 TexReg 5362; amended to be effective July 12, 2009, 34 TexReg 4640

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