Ala. Admin. Code r. 220-2-.95

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-2-.95 - Alligator Nuisance Control Hunter Regulations

(1) FEEDING OR ENTICEMENT OF ALLIGATORS UNLAWFUL:

(a) No person shall intentionally feed or entice with feed any wild American alligator (Alligator mississippiensis); however, this does not apply to those covered by §§ 9-11-320 through 9-11-328 of the Code of Ala. 1975, (Possession of Wildlife for Public Exhibition Purposes) or those people authorized by special permit issued by the Department of Conservation and Natural Resources.

(2) GENERAL PROVISIONS FOR TAKING, ATTEMPTING TO TAKE, POSSESSION AND SALE OF ALLIGATORS:

(a) No person shall buy, sell, take or possess any alligator or any part thereof, or the nests or eggs of any alligator except under permit from the Director of the Game and Fish Division or as otherwise provided by other laws or rules and regulations.

(b) Nothing in this regulation, however, shall prohibit the possession of lawfully acquired cured and mounted trophies and articles manufactured from the skins or hides or other parts of alligators, provided the cured and mounted trophies are labeled to show number of the state tag originally attached to the hide of the alligator.

(c) Any alligator, crocodile, caiman or similar reptile, or any part thereof, seized or otherwise legally acquired by the Game and Fish Division may be sold. Proceeds from such sale will be deposited in the Game and Fish Fund.

(d) Alligators, or any parts thereof, lawfully obtained outside the state may be imported only under permit from the Director of the Game and Fish Division, except as provided for in paragraph (2)(b) above. Transportation and transfer of all alligators must also be in accordance with the rules of the state of origin.

(e) No person shall use, be in possession of or attend any hook, peg or other such device baited in such manner as to be capable of taking alligators and suspended so that the bait is above water or submerged in a manner to take or attempt to take alligators unless such person is authorized by the Director.

(3) OPERATING PROCEDURES FOR NUISANCE ALLIGATORS:

(a) Complainants reporting nuisance alligators shall be questioned sufficiently to ascertain the circumstances surrounding the problem and to determine whether the problem can be resolved through information/education.

(b) If necessary, Game and Fish Division personnel shall visit the nuisance location to determine if an alligator is present. Preparation of an "Alligator Complaint and Tagging Report" must be initiated at this point.

(c) Division personnel proceed through the Nuisance Alligator Problem Assessment (NAPA) printed below:

Nuisance Alligator Problem Assessment (NAPA) - This outline is a guideline for assessing nuisance alligator complaints. Since each nuisance situation is different, Division personnel may deviate from it based on the individual factors involved. It is intended only as a starting point for decision making.

1. Alligator has attacked people........LETHAL, REMOVE (See Note 1)

1. Alligator has not attacked people.......... See 2

2. Alligator is in more or less natural habitat (ditches, ponds, marsh, etc.)........................... See 3

2. Alligator is in unnatural habitat (backyard, work site, urban area)........................................ See 5

3. Alligator/human contact is minimal............... PROVIDE INFORMATION TO ALLEVIATE FEARS (See Note 2)

3. Alligator/human contact is frequent......... See 4

4. Natural movement of alligators to and from area can occur. RECOMMEND COMPLAINANT TO CONSTRUCT BARRIERS AND/OR LIMIT HUMAN ACTIVITY (See Notes 2 and 3)

4. Habitat is isolated or immigration is unlikely .......................................................... See 5

5. Alligator can be caught safely and effectively. ...................................... LIVE CAPTURE (See Note 1)

5. Alligator cannot be caught or may be unsafe to handle alive.........................LETHAL, REMOVE (See Note 1)

NOTE 1. Nuisance Control Hunter (NCH) may be called in for lethal removal or live capture.

NOTE 2. If complainants are likely to destroy alligators if the Division does not conduct removal, an attempt should be made to remove alligators through use of the NCH.

NOTE 3. If one or more specific alligators are a repeated nuisance in this situation, removal of these alligators should be planned.

(d) When live capture or lethal removal is necessary, Division personnel involved must judge the immediacy of the situation and proceed accordingly. Where removal is needed, the Nuisance Control Hunter (NCH) for the area should be contacted to perform removal services. The NCH or alternate should be used for removal whenever possible to simplify, expedite and reduce nuisance handling by Division personnel.

(e) When an NCH is contacted to perform lethal removal, Division personnel involved will:

(1) only issue sufficient tags to the NCH for the number of alligators involved (tags will be affixed to dead alligators only);

(2) record issuance on form;

(3) remind the NCH that all alligators taken must be verified with the Division staff member handling the complaint; and

(4) remind NCH to return any tags not used to that staff member.

(f) All alligators or their hides taken by an NCH must be verified as soon as practical after taking occurs. The NCH must notify designated Division personnel and, if requested, is responsible for delivering the alligator(s) to a convenient location for verification. The NCH will complete a Hunter Report Form including sex and length of animal, skinning method, and use of hide and will submit such form to Montgomery Game and Fish Division office within 72 hours of taking an alligator. Following action on a complaint or verification of hide as appropriate, Division personnel handling the complaint will complete an Alligator Complaint and Tagging Report and submit to Montgomery office within 72 hours.

(g) When Division personnel handle (kill, receive, or encounter) dead alligators with a salvageable hide, the NCH or alternate for the area or adjacent area shall be contacted to process the alligator after it has been tagged. The NCH is obligated under contract to accept these alligators. The Hunter Report Form shall be marked with the name of the NCH involved (in the hunter blank) and completed as in paragraph (g).

(4) TAKING AND DISPOSAL OF NUISANCE ALLIGATORS STATEWIDE:

(a) Designated Nuisance Control Hunters (NCH) shall be authorized to take, possess and kill only those alligators specifically designated by permit issued by an authorized representative of the Division. A designated NCH of the Division shall take, kill, or possess alligators only in the manner specified by this section.

(b) Qualification and liability of NCH:

1. The NCH shall reside in the region where the NCH is authorized to take, possess or kill alligators; however, may be approved to work in other regions should assistance be needed.

2. The NCH shall possess the experience and ability to handle wild alligators.

3. The NCH shall be capable of supplying all equipment necessary to take alligators.

4. The NCH shall have sufficient time to adequately and efficiently take designated alligators.

5. The NCH shall not have been convicted of violating any law or rule concerning crocodilians within five years of the date of application.

6. The NCH shall assume all personal liability for his/her health, welfare and safety while acting as an NCH.

7. The NCH shall relieve the State of all responsibility and liability.

8. Those persons engaged in alligator exhibits or otherwise dealing with crocodilians shall not be eligible for appointment as an NCH.

(c) Selection and review:

1. Applicants and qualifications for appointment shall be reviewed by a staff committee appointed by the Director. The committee shall include at least one Conservation Officer from the area for which the NCH is being appointed. The committee shall consider each applicant's qualification and personal background. An interview with the committee or division personnel may be required. The names of those applicants nominated by the committee shall be submitted to the Director for final consideration and appointment. The number of appointments shall be based on need.

2. Selected NCH shall enter into a contract to take and possess nuisance alligators in accordance with this rule.

(d) Conditions governing operations of authorized NCH:

1. The NCH will be issued a permit assigning in writing a specific nuisance alligator complaint by Division personnel.

2. Alligators may be destroyed under the direction of designated Division personnel. Any alligator that is judged to be a threat may be destroyed. Alligators in public waters must be hooked prior to being destroyed, or taken by use of a bang stick and/or harpoon, or other method specifically authorized by the Director or his designee.

3. A nuisance alligator tag furnished by the Department shall be immediately attached to the hide of any alligator killed by the NCH. No person shall possess any untagged alligator hide. All export tags must be accounted for and unused tags must be returned to Division personnel within 72 hours of the time that NCH and Division personnel determine an alligator should not or could not be destroyed.

4. Alligators shall be skinned only at specific approved sites and in accordance with specific written skinning instructions provided by the Division. The tagged hides of the alligators taken may be held by NCH at an approved specific site for purposes of curing, tanning and/or sale.

5. The meat of the alligators taken may be consumed by the NCH or his immediate family but shall not be sold or transferred except as provided in this rule.

6. Each NCH may be assisted by not more than five assistants approved by the Director, provided that no such assistant shall operate or conduct any trapping activity except in the presence of the NCH.

7. Property rights to nuisance alligator tags issued to the NCH shall be vested in the Division and shall remain the property of the Division. No person, except authorized NCH or Division personnel, shall possess any unused nuisance alligator tag at any time.

8. Assignments of alligators to be taken and the issuance of nuisance alligator tags to an NCH shall be discontinued upon receipt of verified information and belief by the Director that the NCH:

(i) Attempted to generate alligator complaints.

(ii) Took alligators in excess of authorization.

(iii) Failed to promptly respond (without valid reason) to an assigned complaint.

(iv) Has been convicted of a violation of any regulation concerned with wildlife or fish.

(v) Has violated any portion of this rule.

(vi) Has acted incompetently in carrying out the responsibilities of his assignments. Substantiated evidence of wrong-doing will immediately result in the contract being automatically terminated.

(vii) Has not acted in the best interest of the Department or program.

(e) Storage and sale of alligator hides taken:

1. The NCH may store at an approved specific site legally taken and tagged hides until sale is completed. This site and corresponding records shall be available for inspection by Division personnel at any reasonable hour.

2. Sale of hides may be completed only by the legally permitted NCH.

3. NCH will submit an Alligator Transactions Report to the Game and Fish Division at the end of the calendar year documenting sales of alligator hides, meat and parts during the year and will include for each transaction the alligator tag number, date of sale, amount and person to whom sold.

(f) Storage and sale of alligator parts (other than meat) taken:

1. The NCH may store at a specifically designated site, legally taken parts until sale is completed. This site and corresponding records shall be available for inspection by Division personnel at any reasonable hour.

2. Sale of parts may be completed only to legally licensed parts dealers; or direct to individuals, if not for resale; provided that:

(i) Alligator parts are packaged by the NCH in cartons approved by the Director.

(ii) Each carton is sealed as approved by the Director and labeled to indicate the administrative region, the number and kinds enclosed, the date packaged, the name of the NCH and the hide tag number corresponding to the alligator from which the part(s) is taken.

(iii) Each carton shall be used to package parts one time only.

(iv) Written records of all alligator parts sales shall be maintained and such records shall be open to inspection by Division personnel. The records of each carton of parts shall contain the data specified in this paragraph (f).

(v) Cartons containing lawfully acquired alligator parts packaged and labeled in accordance with this section may be shipped in intrastate or interstate commerce.

3. Upon sale of a part or parts, a record must be made and maintained by the NCH. The records will include kind and quantity of parts sold, and the name and address of each buyer. Buyers of parts must obtain and keep a receipt for any part purchased. The NCH records must include kind and quantity of parts sold with reference to the number of the State tag originally attached to the hide of the animal producing the parts in question, and the name and address of each buyer.

4. Any alligator skull sold shall be permanently and visibly labeled with the name of the NCH and the identifying alligator tag number of the alligator from which the skull was taken.

(g) Storage and sale of alligator meat taken:

1. Alligator meat shall be classified as fish meat and all alligator meat for human consumption shall be handled so as to meet appropriate sanitation requirements of federal, state or local authorities.

2. No person shall possess or sell alligator meat except as authorized by this section. Only legally licensed parts dealers, restaurants and alligator NCH's may sell alligator meat lawfully acquired by an alligator NCH provided that:

(i) Alligator meat is packaged by the NCH in cartons approved by the Director.

(ii) Each carton is sealed as approved by the Director and labeled to indicate the administrative region, the number of pounds of meat enclosed, the date packaged, the name of the NCH and the hide tag number corresponding to the alligator from which the meat was taken.

(iii) No more than five (5) pounds of meat shall be packaged per carton and each carton shall be used to package meat one time only.

(iv) Written records of all alligator meat sales shall be maintained and such records shall be open to inspection by Division personnel. The records of each carton of meat shall contain the data specified in this paragraph (g).

3. No person shall resell or possess alligator meat for resale, processing or other commercial uses except as authorized by permit from the Director.

(i) All alligator meat purchased shall remain in the original carton until the meat is removed for cooking or curing in a manner allowing it to be consumed by humans without further preparation.

(ii) Cartons containing lawfully acquired alligator meat packaged and labeled in accordance with this paragraph (g) may be shipped in intrastate or interstate commerce.

(5) WORD "ALLIGATOR" OR "GATOR" NOT TO BE USED IN CERTAIN SALES:

(a) It is unlawful for any person to use the word "alligator" or "gator" in connection with the sale of any product derived or made from the skins or parts of other crocodilia or in connection with the sale of other crocodilia.

Ala. Admin. Code r. 220-2-.95

Effective March 2, 1990. Amended: Filed January 12, 1995; effective February 16, 1995.

Author: James D. Martin

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

PENALTY: As provided by law.