Alabama Administrative Code
Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Chapter 220-2 - GAME AND FISH DIVISION
Section 220-2-.96 - Alligator Farming Regulations
Universal Citation: AL Admin Code R 220-2-.96
Current through Register Vol. 42, No. 11, August 30, 2024
(1) GENERAL PROVISIONS FOR TAKING, POSSESSION AND SALE OF CERTAIN REPTILES:
(a) No person
shall buy, sell, take or possess any alligator, crocodile, or any part thereof,
or the nests or eggs of any alligator or crocodile except under permit from the
Department or as otherwise provided by law or by these regulations.
(b) Nothing in this rule, however, shall
prohibit the possession of lawfully acquired cured and mounted trophies and
articles manufactured from the skins or hides or other parts of alligators and
crocodiles.
(c) Any alligator,
crocodile, or similar reptile, or any part thereof, seized or otherwise
acquired by the Department may be sold.
(d) Alligators, or any parts thereof,
lawfully obtained outside the state may be imported only under permit from the
director or as otherwise provided by law.
(e) The records of individuals or concerns
selling any species of crocodilian will be subject to inspection and such
individuals or concerns shall have in their possession invoices or other
documentary evidence of the suppliers of such crocodilians. The advertisement
or representation of caimans as alligators or crocodiles is
prohibited.
(f) No person shall
use, be in possession of or attend any hook, peg or other such device baited in
such a manner as to be capable of taking alligators and suspended so that the
bait is above water or submerged in a manner to take or attempt to take
alligators unless such person is authorized by the Director.
(2) REGULATIONS GOVERNING THE OPERATION OF ALLIGATOR FARMS:
Alligator farms may be established and operated and alligators, eggs, and hides may be possessed only under license by the Department subject to the following restrictions and conditions:
(a) General Provisions:
1. The premises of alligator farms shall be
subject to inspection by Department personnel at any time.
2. Complete written records of all changes in
alligator stock shall be kept and made available for examination by Department
personnel. Shipping tickets, invoices or bills of lading shall be maintained to
show source of supply and disposition of alligator stock.
3. No licensee or his or her employee shall
receive or transfer any alligator, eggs or hides except as provided by Act No.
89-874, 1989 Regular Session.
4.
The licensee shall disclose ownership of alligators and provide documentation
of inventory of initial and subsequent numbers of all alligator eggs and
alligators, including breeding females and offspring. Documentation shall be
sufficient to demonstrate the inventory is commensurate with production and
survival levels for captive populations as measured against professionally
accepted biological standards.
5.
Permits to establish and operate alligator farms are not
transferable.
6. The licensee shall
provide security of facility premises necessary to ensure that no alligators,
eggs, or parts thereof can be moved in or out of the alligator farm without the
licensee's knowledge.
7. An
Alligator Farm Annual Report shall be completed and submitted to the
Department's Game and Fish Division, Law Enforcement Section prior to annual
re-1icensing.
8. Alligator farm
permittees shall be licensed at an annual fee of $1,000.00 as required by Act
No. 89-874, 1989 Regular Session.
9. The Department shall not issue an
alligator farm permit to any person who has been convicted of any violation of
Act No. 89-874 or the rules of the Department relating to the illegal taking of
any crocodilian species, except as provided in Act No. 89-874.
(b) Specifications for alligator
farms:
1. Pens or holding facilities shall be
constructed in a manner to prevent the escape of any alligator contained in
such pen or facility or entrance by any alligator from outside such pen or
facility.
2. The permittee shall
provide rearing tanks (of concrete, fiberglass, plastic or metal construction)
for alligators less than four (4) feet in length. Alligators less than two (2)
feet in length shall be housed separately from those two (2) to four (4) feet
in length. Onsite propagation facilities will also provide ponds, nest sites
and spacing for breeding adults and artificial incubators.
3. The licensee shall make all alligator eggs
produced on the farm available for inspection by August 1 of each nesting year.
All alligator eggs shall be in containers having not more than one layer of
eggs at one incubation facility on each alligator farm. Only viable alligator
eggs will be credited to the egg inventory.
4. Alligator farm licensees shall furnish
alligators housing of sufficient size and design such that alligators shall be
kept in a humane and sanitary manner.
(c) Facility Standards:
1. General. The most important factor in
establishing an alligator farm is the acquisition of enough suitable land and
habitat to support a population of adult alligators in outside breeding ponds
and adequate area for the construction of holding houses for young alligators
up to three years of age. There must be a reliable source of fresh water and
equipment for pumping and changing water.
2. Breeding ponds shall be fenced around the
perimeters with woven wire or board fences of sufficient height (minimum, 4
feet) and tightness, constructed so as to prevent the escape or entrance of any
size alligator. Fences shall be buried or otherwise secured at the bottom so as
to prevent entrance or escape. Breeding ponds must have at least one area of a
minimum depth of 1.8 meters (approximately 6 feet at its deepest point) and
suitable nesting sites.
3. Holding
houses containing an adequate number of artificial tanks will be provided for
growing out small alligators six feet or less in length. A sufficient number of
tanks will be provided to allow for segregation by age/size classes, and each
tank will be permanently numbered to facilitate accurate record keeping. There
shall be sufficient space in each tank for all the alligators to completely
submerge under water at one time and enough "dry" area in which to run around
for basking purposes. A properly constructed tank will consist of 2/3 water for
1/3 "dry" area. The overall size of tank will depend upon the number of
alligators held, but as a general standard each alligator shall have enough
space to submerge without having contact with another alligator.
4. Holding tanks will be designed to permit
periodic cleaning of waste and a complete change of water at regular intervals
(at least every other day).
5. A
controlled environmental chamber complete with an artificial nesting area
(incubator) will be provided for hatching of eggs. The chamber will also
contain a sufficient number of holding tanks to accommodate anticipated
hatchlings and to provide a suitable environment for new-born
alligators.
(d) Harvest
of Alligators:
1. Alligators, at least four
feet in length, or the skins or products of such captive-reared alligators
raised on a farm licensed under the provisions of Act No. 89-874, 1989 Regular
Session, may be sold, and, with written approval from the Department, an
alligator farmer may utilize any product from a captive-reared alligator less
than four feet in length that dies from natural causes, but only in accordance
with the following restrictions:
(i) No farmer
shall skin any alligator unless such alligator shall have been approved for
skinning in writing by the Director of the Game and Fish Division or his
authorized agent. Records must be provided to verify that each alligator to be
harvested was hatched and captive-reared on the farm or otherwise obtained from
a legal source.
(ii) Any alligator
killed under authority of this section shall be tagged immediately with a tag
furnished by the Department. Such tag shall remain attached to the alligator
hide until finally processed by the fabricator. It shall be unlawful for any
farmer or processor to possess untagged alligator hides.
(iii) Property rights to identifying tags
issued to the farmer shall be vested in the Department, and tags shall remain
the property of the State. Unused tags shall be returned to the Department
within 15 days of completion of the harvest. Possession of any identifying
alligator tags by persons other than licensed farmers shall be
unlawful.
(iv) Alligators shall be
skinned only at a specific site approved by the Director of the Game and Fish
Division and shall be skinned only in accordance with special skinning
instructions issued by the Department. Only those hides which have been skinned
in accordance with these instructions shall be approved for sale. Hides so
taken may be held at the specified skinning site until the date of the
sale.
(v) The meat of any alligator
legally harvested may be consumed by the farmer or his immediate family but
shall not be sold or transferred except as provided in this rule
below.
(e)
Sale of Live Alligators:
1. Alligator farmers
licensed under the provisions of Act No. 89-874, 1989 Regular Session, may
sell, barter, exchange, give or loan any live alligators of at least four feet
in length covered by his license provided a permit is first obtained from the
Department. If sold, bartered, or exchanged in interstate commerce or foreign
trade, legal requirements of the state or country involved in the transaction
must also be satisfied.
2. The
request for such permits must contain the name and address of the proposed
buyer, a reference to the buyer's license number or other authority for
possession, and shall further describe the alligator(s) by length, belly size,
and sex, if known.
(f)
Sale of Alligator Meat:
1. Alligator meat that
is lawfully acquired through production on a licensed alligator farm may be
sold to wholesale or retail food distributors, food and nonfood meat
processors, restaurants and canneries, provided that:
(i) Any alligator meat sold to the above type
business shall be packaged in cardboard cartons, and each carton shall be
sealed with a label as specified by the Department that indicates that it
contains alligator meat, the number of pounds of meat enclosed, the names of
the seller and buyer, the tag number corresponding to the alligator hide from
which the meat was taken, and the date of sale. No more than five pounds of
meat shall be included per carton and cartons shall be used only one
time.
(ii) Failure to properly mark
cartons of alligator meat or possession of alligator meat in cartons improperly
marked shall be considered a violation.
(iii) Alligator farmers shall maintain
written records of all alligator meat sales on standard forms supplied by the
Department. These records shall be open to inspection by Department personnel
and shall include for each carton of meat sold the data indicated on the carton
label as specified in subparagraph (f)1.(i) of this rule.
(iv) All alligator meat purchased by the type
business listed hereinabove shall be retained in original carton until the meat
is prepared for consumption or processing.
(v) All cartons containing alligator meat
labeled in accordance with these regulations shall be shipped only within the
State of Alabama or to those states or countries allowing the sale of alligator
meat.
(vi) Alligator farmers
handling alligator meat for human consumption shall comply with the sanitation
requirements of federal, state, or local authorities.
(g) Sale of Alligator Hides and
Other Products:
1. Alligator hides and other
products, except meat, may be sold in accordance with the following:
(i) Alligator farmers may sell the hides,
feet, viscera or skeletal parts of alligators when all such sales, with the
exception of retail sales to the consumer, are documented to show the kind and
quantity of items sold and the name and address of each buyer (and, in
addition, the alligator parts dealer license number if sold for resale). Any
packaged alligator parts must be sealed with a Department approved label that
indicates the hide tag number(s) of the alligator(s) from which the parts came,
the names and addresses of the buyer and seller, the date of the sale, and the
number and kind of parts included.
(ii) Any alligator skull sold shall be
permanently visibly labeled with the identifying alligator tag number of the
alligator from which the skull was taken and the name of the alligator farmer
selling the skull.
(iii) Products
made from alligator skins or other alligator parts and documentary evidence of
their acquisition shall be available for inspection upon requests of Department
personnel.
(iv) No person shall
sell any hide or other product manufactured from a crocodilian species which
has been declared to be endangered or threatened by the United States Fish and
Wildlife Service.
Author: James D. Martin
Statutory Authority: Code of Ala. 1975, §§ 9-2-7, 9-2-8. Act No. 89-874, 1989 Regular Session.
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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