(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 on a form supplied or approved by the department. 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:
(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 legally obtained and documented:
(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:
(2) A farmer may sell:
(3) It is an offense for any alligator farmer to:
(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 by annual public hunting permit 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; amended to be effective August 24, 2020, 45 TexReg 5923