Ala. Admin. Code r. 220-2-.138

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-2-.138 - Licensed Game Breeders

All persons, firms or corporations licensed under Section 9-11-30 to engage in the business of raising game birds, game animals, or fur bearing animals shall:

(1) Submit to the Division of Wildlife and Freshwater Fisheries, (hereinafter referenced as "the Division" or "Division"), accurate records of stock and inventory changes caused by births, deaths, escapes, transports, releases, transfers, sales, purchases or other causes; provided however, holders of the nonindigenous game breeder option who are not engaged in the breeding and handling of such animals may submit a good faith estimate of stock inventory and inventory changes as to such animals. Effective June 1, 2018, all inventory records and changes described above relating to game animals shall be submitted via the Division's electronic database through individual user accounts, or by phone utilizing a Division approved call center through individual user accounts. Initial inventory records submissions may also be established by mailing a letter, signed by the license holder, identifying the number of game animals currently in inventory, and a copy of each animal's current Cervidae Possession/Transfer Form to the Division through the U.S. Postal Service utilizing certified mail. Inventory changes caused by births on a license holder's facility may also be established by mailing a letter, signed by the license holder, identifying the number of game animals to be added due to birth, and a copy of each animal's Cervidae Possession/Transfer Form to the Division through the U.S. Postal Service utilizing certified mail.

(a) For the purposes of this rule, the following words shall have the meanings given to them in this rule when related to the physical movement of game animals.

1. "Transport" means to take, carry, or move a game animal from one location to another.

2. "Transfer" means the transport of any game animal from a licensed game breeder facility to another licensed game breeder facility or to another individual or facility that is licensed or permitted to possess game animals, where the transport results in a change in inventory.

3. "Release" means the transport of any game animal from a licensed game breeder facility to an enclosure that is not a licensed game breeder facility, where the transport results in a change in inventory.

(2) Allow inspection by agents authorized by the Division and Department of Agriculture and Industries, of stock, facilities and records at all reasonable times.

(3) Each fawn shall be marked with an assigned ear tag, as specified by the Division, which identifies each animal, at the earliest of the following dates: the date it is transported, the date it is transferred, the date it is released, or by April 1 of the year immediately following the fawn's birth. The fawn's species, sex, date of birth, ear tag number, and other identifying features shall be submitted, as required in paragraph (1), via the user's account on the database, by certified mail, or by phone. Such tags shall not be reassigned to or reused on another animal. Tags shall not be removed, except during transport when the animal is being released, provided the tag shall be in possession during transport. Animals which lose tags shall be reassigned a replacement tag number and be remarked before sale or transfer.

(4) Identify the location of each facility by physical address and notify designated Division personnel of any changes in size or location of the facility.

(5) Within 24 hours of discovery, notify designated Division personnel of any deaths via the database or phone and allow disease testing of animals, 12 months of age or older, that have died.

(6) Within 24 hours of discovery, notify designated Division personnel of escapes via the database or phone and coordinate recapture efforts as directed by Division personnel. The licensed game breeder shall have ten days from the date of such report to recapture only those escaped deer that are listed on the breeder's inventory. All recaptured deer must be returned to the facility from which the deer escaped. If after ten days the licensed game breeder is unable to recapture escaped deer that have been reported in accordance with this regulation, the Division may grant an additional ten-day period for recapture efforts to continue, contingent upon the licensed game breeder proving to the Division's satisfaction that reasonable efforts were made to effect the recapture during the first ten-day period.

(7) Any releases, transfers, sales, or purchases of inventoried game animals that results in a change in inventory shall be reported via the user's account on the database or by phone. This includes providing the date and location of the event. In addition, the recipient's serial number, commonly referred to as an Alabama Game Breeder number, shall be reported if the recipient is a licensed game breeder. Licensed Game Breeders who are recipients of transfers must accept or decline the transfer via the database or phone within ten days.

(8) Game animals shall not be transported without being accompanied by a valid transport number issued by the Division. To receive a transport number, a game breeder must identify the animals to be transported and provide the destination location of the transport via the database or phone. Once issued, the transport number will be valid for ten days.

(9) Upon notification by authorized Division personnel of a documented disease risk, not remove from any licensed game breeder facility any animals alive or dead until approved by authorized Division personnel.

(10) For species of the family Cervidae, obtain a premises registration number and comply with the conditions set forth in any herd health or monitoring plan that may be designated by the Alabama Department of Agriculture and Industries.

(11) Acquire animals only from licensed game breeders, except by written approval from authorized Division personnel.

The Commissioner of Conservation and Natural Resources, in cooperation with the Alabama Department of Agriculture and Industries, may order the confiscation and destruction of any animal that is deemed to be a substantial disease risk to other wildlife, domestic animals, or the public without compensation to the owner of such animal. This shall not affect the authority of other state or federal agencies with respect to confiscation, destruction or condemnation of or compensation for such animals.

Nothing in this regulation is intended to authorize the importation into this state of any live animal, or their eggs or embryos which is otherwise prohibited by law or regulation.

Ala. Admin. Code r. 220-2-.138

New Rule: Filed June 6, 2006; effective July 11, 2006. Amended: Filed March 16, 2009, effective April 20, 2009.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 3/22/2018.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, § 9-11-30.

PENALTY: As provided by law.