Ala. Admin. Code r. 220-2-.26

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

Section 220-2-.26 - Restrictions On Possession, Sale, Importation And/Or Release Of Certain Animals And Fish

(1) No person, firm, corporation, partnership, or association shall possess, sell, offer for sale, import, bring, release, or cause to be brought or imported into the State of Alabama any of the following live fish or animals:

Any Walking Catfish or any other fish of the genus Clarias;

Any Piranha or any fish of the genera Serrasalmus, Pristobrycon, Pygocentrus, Catorprion, or Pygopristus;

Any Nile Perch, Asian Seabass, Barramundi, or any fish from the genus Lates or Macquaria;

Any Giant African Snail or Giant African Land Snail (Lissachtina fulica or Achatina fulica);

Any Black Carp of the genus Mylopharyngodon;

Any species of sturgeon not native to Alabama;

Any species of Chinese perch (Siniperca spp.);

Any species of Snakehead fish from the family Channidae (Chamui spp.);

Any species of Mud carp (Cirrhinus spp.);

Any species of fish "rudd" (Scardinius erythrophthalmus) or "roach" (Rutilus rutilus) or any hybrids of either species; Zander (Sander lucioperca);

European Perch (Perca fluviatilis)

Eurasian Minnow (Phoxinus phoxinus)

Wels Catfish (Silurus glanis);

Prussian Carp (Carassius gibelio);

Crucian Carp (Carassius carassisus);

Any species of eel from the family of Anguillidae not native to Alabama;

Amur Sleeper (Perccottus glenii);

Any species of venomous reptile which has never naturally existed in the wild in Alabama including but not limited to venomous snakes of the families Viperidae, Atractaspididae, Elapidae, Hydrophiidae and Colubridae, except for hognose snakes (genus Heterodon);

Any species of bird, mammal, fish, crustacea, mollusk, reptile, or amphibian listed as injurious wildlife under the Lacey Act (18 U.S.C. 42) from the U.S. Fish and Wildlife Service;

Any species of Tegus (Salvator sp.);

Any species of Mongoose;

San Juan Rabbits, Jack Rabbits or any other species of wild rabbit or hare; or Any of the following from any area outside the state of Alabama; any member of the family Cervidae (to include but not be limited to deer, elk, moose, caribou), species of coyote, species of fox, species of raccoon, species of skunk, wild rodent, or strain of wild turkey, black bear (Ursus americanus), mountain lion (Felis concolor), bobcat (Felis rufus), Pronghorn Antelope (Antelocapridae), any nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), or Bovidae (except bison).

No person, firm, corporation, partnership, or association, shall transport within the state, any member of the above-stated species (whether such member originated within or without the state), except for properly licensed game-breeders pursuant to Section 9-11-31, Code of Ala. 1975, or persons engaged in the interstate transport of any of the above-stated species through the state who are otherwise specifically authorized by permit of the Director of the Division of Wildlife and Freshwater Fisheries or his designee.

(2) It shall be unlawful to release any tame turkey, or any other turkey, whether wild or tame, into any of the wild areas of this State.

The provisions of this regulation shall not apply to any turkeys kept by any farmer or landowner of this State for normal agricultural purposes or for personal consumption.

(3) Except as authorized by permit issued by the Department prior to the date of this amendment, it shall be unlawful for any person to have in possession any live, protected wild bird or wild animal or live embryo or eggs of these protected wild birds or animals. "Possession" in this section does not include deer restricted by natural or man-made barriers as long as the deer remain wild and are not subject to management practices of domesticated animals.

(4) It shall be unlawful for any person to release any form of mammal, reptile, or amphibian which did not originate from this state, or any captive raised mammal, reptile, or amphibian other than those species raised under a license or permit from the Commissioner.

(5) It shall be unlawful to release any non-indigenous seafoods, as defined by Section 9-2-80, Code of Ala. 1975, into any public waters of the state.

(6) The provisions of this regulation shall not apply to the exceptions provided for in Section 9-2-13(b), Code of Ala. 1975. Accredited educational, research, and rehabilitation facilities shall be exempt from this regulation through the written permission of the Commissioner or his designee.

Ala. Admin. Code r. 220-2-.26

Filed September 30, 1982. Amended: January 17, 1985; September 27, 1990; January 18, 1991. Amended: Filed September 13, 1994; effective October 19, 1994. Amended: Filed September 13, 1995; effective October 19, 1995. Amended: Filed August 11, 1998; September 16, 1998. Amended: Filed January 14, 1999; effective February 18, 1999. Amended: Filed September 13, 1999; effective October 18, 1999. Amended: Filed August 10, 2000; effective September 14, 2000. Amended: Filed June 19, 2001; effective July 24, 2001. Amended: Filed July 29, 2002; effective September 2, 2002. Amended: Filed October 18, 2005; effective November 22, 2005. Amended: Filed May 13, 2009; effective June 17, 2009. Amended: Filed August 15, 2012; effective September 19, 2012. Amended: Filed December 30, 2013; effective February 3, 2014.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 09, June 30, 2016, eff. 7/29/2016.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 10/3/2019.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 11, August 30, 2024, eff. 10/14/2024.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, §§ 9-2-7, 9-2-8, 9-2-12.

Penalty: As provided by law.