(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:
    (A) person selling processed products so long as alligator hide is the only alligator part used (e.g., footwear, belts, wallets, luggage, etc.);
    (B) person that sells alligator ready for immediate consumption in individual portion servings; or
    (C) person who purchases packaged alligator meat from a wholesale dealer, retail dealer, or farmer for re-sale to consumers.
  (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:
    (A) processed and partially processed alligators to anyone; and
    (B) 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 alligators from a farmer or control hunter; and
    (B) dead alligators from a farmer, wholesale dealer, recreational hunter, or control hunter; and
    (C) alligator eggs only from a person authorized under this subchapter to sell alligator eggs.
  (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 the alligator farmer has completed and submitted to the department's Law Enforcement Communication Center by fax or email a transfer notification on a form supplied or approved by the department.
      (i) The notification required by this subparagraph shall be submitted not less than 24 hours nor more than 48 hours prior to the transport or receipt.
      (ii) If for any reason the transport or receipt cannot take place after the department has been notified under clause (i) of this subparagraph, the alligator farmer shall contact the department's Law Enforcement Communications Center by fax or email to cancel the notification. The cancellation notice must be received by the department prior to the initiation time indicated on the transport notification under clause (i) of this subparagraph; 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 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