Alabama Administrative Code
Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Chapter 220-2 - GAME AND FISH DIVISION
Section 220-2-.142 - Turtle Dealer/Farmer Regulation
Universal Citation: AL Admin Code R 220-2-.142
Current through Register Vol. 42, No. 11, August 30, 2024
(1) Definitions:
(a) "Division" - Wildlife and Freshwater
Fisheries Division of the Alabama Department of Conservation and Natural
Resources.
(b) "Director" - The
Director of the Wildlife and Freshwater Fisheries Division of the Alabama
Department of Conservation and Natural Resources.
(c) "Turtle Farmer" - Any person, firm, or
corporation engaged in the business of propagating legally acquired captive
indigenous turtles or turtle eggs for commercial purposes.
(d) "Turtle Dealer" - Any person, firm, or
corporation who purchases, imports or exports turtles or turtle eggs for resale
or stocking purposes or who sells, offers for sale, or trades for anything of
value legally acquired live turtles.
(2)
(a) No
person shall take, attempt to take, sell or possess any turtle egg or turtle or
parts thereof from the wild in this state, to include public and private
waters, for commercial purposes, except those turtle farmers who may take
nuisance turtles from privately constructed farm ponds for use as breeder
turtles only under specially issued permits from the Director or his designee.
Turtles taken under the specially issued nuisance permits shall not be sold or
bartered. This is not to prohibit the operations of properly permitted "Turtle
Farmers" or "Turtle Dealers" as defined in paragraph (1) as long as those
turtles are not taken from the wild.
(b) This is not to prohibit the removal of
turtles from a privately constructed farm pond by the landowner or his agent
while controlling nuisance animals as long as the turtles are not sold or
traded for anything of value.
(c)
Nothing in this regulation prohibits the taking for personal use of up to two
legal turtles per day by hand, dip net or hook and line however, no person
shall take more than two turtles per day from the wild in this state, to
include public and private waters.
(3)
(a) Any
person, firm, or corporation engaged in the business of propagating captive
turtles or incubating and hatching turtle eggs for restocking, sale, or other
commercial purposes must first obtain a turtle farmer's permit from the
Director. Each turtle farmer permittee must agree to meet designated standards
for enclosure construction and animal care prior to being permitted. Each
permittee will file an annual report on forms provided by the Division prior to
renewal of their farmer permit. This report will provide the information
required by subsection (c) of this regulation. Any person, firm or corporation
engaged in the import, export, sale or trade of live turtles or turtle eggs
must first obtain a "Turtle Dealers" permit from the Director or his
designee.
(b) No person, firm or
corporation shall import or cause to be imported, any nonindigenous turtle
species for the purpose of propagation. Nonindigenous turtle species may not be
propagated within the state.
(c)
All turtles imported into or exported out of the state of Alabama for
commercial purposes shall be accompanied by a bill of lading which provides the
following information:
(1) name of person
importing/exporting the turtles;
(2) permit number of person
importing/exporting the turtles;
(3) date of shipment;
(4) quantity and species of turtles;
(5) origin (state and body of
water) of shipment;
(6) destination
of shipment;
(7) total value of
shipment; and
(8) signature of
owner/transporter. A copy of the bill of lading shall remain with the shipment
and a copy sent to the Division.
(d) Each turtle farmer report required in
this regulation must be filed with the Division prior to renewing their annual
permit and must include the following and any other information specified by
the Director:
(1) permit holder's name and
permit number;
(2) buyer/seller's
name and address;
(3) date of
transaction;
(4) origin (state) of
turtles purchased/sold;
(5)
quantity and species of turtles purchased/sold;
(6) amount received/paid for turtles
and;
(7) signature of permit holder.
The Director or other persons as designated for such purposes shall have the
power and authority to inspect and examine the books, records, turtles or
facilities of each permit holder.
Author: N. Gunter Guy, Jr.
Statutory Authority: Code of Ala. 1975, §§ 9-2-7, 9-2-8, 9-2-12.
PENALTY: As provided by law.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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