31 TAC §65.357
The Texas Parks and Wildlife Commission adopts an
amendment to §65.357, concerning Purchase and Sale of Alligators,
without changes to the proposed text as published in the April 24,
2009, issue of the Texas Register (34 TexReg 2597).
The amendment clarifies that a person who takes an alligator on
a wildlife management area must acquire a commercial alligator hide
tag if the alligator at any time is to be sold or bartered for anything
of value. Under §65.353(a), no person may possess an untagged
alligator except as provided in Chapter 65, Subchapters A or P. Under
the provisions of the department publication entitled "Applications
for Drawings on Public Hunting Lands," a hunter who takes an alligator
on a wildlife management area must purchase a commercial hide tag
($120) if the person desires to use the alligator for commercial purposes.
If a hunter chooses not to purchase a commercial hide tag, the alligator
is tagged by the department with a "Not for Sale" hide tag at no cost,
but the alligator cannot be used for a commercial purpose.
The amendment clarifies that the commercial hide tag requirement
is a perpetual requirement, meaning that if a hunter who takes an
alligator on a wildlife management area chooses to have an alligator
tagged with the "Not for Sale" and at any time thereafter desires
to sell or barter the alligator, that person must then purchase a
commercial hide tag from the department in order to lawfully sell
or barter the alligator.
The rule will function by clearly stating that an alligator taken
on a wildlife management area must be tagged with a commercial hide
tag issued by the department to be lawful for sale
The department received 12 comments opposing adoption of the proposed
amendment. Of the 12 commenters, six offered a specific reason or
rationale for opposing adoption. Those comments, accompanied by the
department's response to each, follow.
One commenter opposed adoption and stated that hunters should not
have to purchase a hide tag if they are selling to another individual.
The department disagrees with the comment and responds that the issue
is not to whom an alligator is sold, but the fact that the alligator
is being sold, bartered, or exchanged for anything of value. Unlike
game animals and game birds, which cannot be sold, alligators are
a publicly owned resource that may be used in commercial activities,
subject to applicable state and federal law. The department does not
charge hunters for a hide tag if they intend to retain a harvested
alligator for personal use; however, the department believes that
if a person engages in a commercial activity with a public resource,
especially one taken on public lands that are managed at public expense,
the person should contribute to the management costs of that resource.
No changes were made as a result of the comment.
One commenter opposed adoption and stated that there should be
a provision in law for hunters to purchase a Convention on International
Trade in Endangered Species (CITES) tags if they decide to sell an
alligator. The department agrees with the comment and responds that
the rule as adopted accomplishes that goal. No changes were made as
a result of the comment.
One commenter opposed adoption and stated that the proposed rule
"is poorly worded and will increase confusion on the necessity of
a commercial tag." The department disagrees with the comment and responds
that the rule is clearly worded to provide that a person who kills
an alligator on a wildlife management area must purchase a commercial
hide tag if he or she wants to sell or trade the alligator. No changes
were made as a result of the comment.
One commenter opposed adoption and stated that a CITES tag should
not be required if the alligator is not going to leave the country,
since CITES affects only international trade. The department disagrees
with the comment and responds that a universal tagging requirement
is necessary to identify lawfully taken alligators. No changes were
made as a result of the comment. While the alligator is not endangered
or threatened anywhere in the U.S., it is covered by CITES due to
its similarity of appearance to other endangered crocodilian species.
One commenter opposed adoption and stated that the amendment is
unnecessary because it costs money. The department disagrees with
the comment and responds that the amendment does not alter the current
obligation of a person who sells or trades an alligator to purchase
a commercial hide tag, but merely clarifies that this requirement
also applies to an alligator harvested on a wildlife management area.
The department received 39 comments supporting adoption of the
proposed amendment.
No groups or associations commented in support of or opposition
to adoption of the proposed amendment.
The rule is adopted under the authority of Parks and
Wildlife Code, §65.003, which authorizes the commission to regulate
taking, possession, propagation, transportation, exportation, importation,
sale, and offering for sale of alligators, alligator eggs, or any
part of an alligator that the commission considers necessary to manage
this species, including regulations to provided for the periods of
time when it is lawful to take, possess, sell, or purchase alligators,
alligator hides, alligator eggs, or any part of an alligator; and
limits, size, means, methods, and places in which it is lawful to
take or possess alligators, alligator hides, alligator eggs, or any
part of an alligator.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 22, 2009.
TRD-200902574
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: July 12, 2009
Proposal publication date: April 24, 2009
For further information, please call: (512) 389-4775