31 Tex. Admin. Code § 65.363 - Nuisance Alligator Control

(a) Permit Required; Subpermittees.

(1) Except as provided in this subchapter or § 65.49(g) of this title (relating to Alligators), no person may take, kill, transport, sell, or release a nuisance alligator, or offer to take, kill, transport, sell, or release a nuisance alligator unless that person possesses a valid nuisance alligator control permit issued by the department.

(2) A permittee may utilize a subpermittee or subpermittees to assist in the performance of nuisance alligator control activities.

(A) A subpermittee must be approved by the department prior to engaging in any activities under this section. The department will not authorize any person to act as a subpermittee if:

(i) the person has been convicted of, pleaded nolo contendere to, or received deferred adjudication for an offense listed in subsection (g)(1) - (4) of this section; or

(ii) the department determines the person is incapable, unqualified, or otherwise unfit to act as a subpermittee.

(B) To register a subpermittee, the permittee must complete and submit an application on a form provided by the department for that purpose. Upon approval, the department will send a written authorization for the subpermittee to the permittee.

(C) A permittee utilizing a subpermittee must be in direct supervision of the subpermittee at all times that the subpermittee is engaging in permitted activities.

(D) The written authorization provided for in subparagraph (B) of this paragraph must be in the physical possession of the permittee at all times that permitted activities are being performed by the subpermittee.

(b) Permit Application and Issuance.

(1) The department may issue a nuisance alligator control permit to a person who has:

(A) submitted a completed application on a form supplied by the department;

(B) completed a department-administered course on nuisance alligator control;

(C) taken a department-administered examination and obtained a minimum passing score as determined by the department; and

(D) paid the nonrefundable fee prescribed by Chapter 53, Subchapter A of this title (relating to Fees).

(2) In addition to the provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit), the department may refuse to issue a permit to any person who, in the department's determination, lacks the skill, experience, or aptitude to adequately perform the activities typically involved in nuisance alligator control.

(c) Period of Validity. A nuisance alligator control permit is valid from the date of issuance through August 31 of the following year.

(d) Permit Privileges and Restrictions.

(1) A permittee under this section may:

(A) contract directly with a landowner or landowner's authorized agent (including a political subdivision, governmental entity, or property owner's association, as defined by Property Code, § 204.004), for a fee or other compensation to be determined by the parties involved, for the removal of a nuisance alligator or alligators;

(B) capture or kill a nuisance alligator at any time of day;

(C) retain and sell nuisance alligators, alive or dead, taken under a nuisance alligator control permit as provided under § 65.357 of this title (relating to Purchase and Sale of Alligators); and

(D) release nuisance alligators in areas of suitable habitat with the prior written approval of the department and the owner (or the owner's authorized agent) of the property where the release occurs.

(2) A permittee or subpermittee may not:

(A) capture or kill an alligator without being in physical possession of a complaint number issued by a department Law Enforcement Division Communication Center that corresponds to the date and place the permittee captures or kills, or attempts to capture or kill an alligator;

(B) capture or kill more than one alligator per complaint number issued by the department;

(C) use any means, method, or procedure not approved by the department for the capture, immobilization, transport, or dispatch of a nuisance alligator; or

(D) capture or kill an alligator over 10 feet in length without prior written authorization from the department's Alligator Program in addition to a complaint number issued by the department as prescribed in subparagraph (A) of this paragraph.

(e) Tagging Requirements. All provisions of this subchapter applicable to the tagging of alligators apply to alligators taken under a nuisance alligator control permit.

(f) Reporting, Notification, and Recordkeeping Requirements.

(1) Landowner authorization. No permittee may engage in nuisance alligator control activities unless the written authorization of the landowner, the landowner's authorized agent, or a government official acting within the scope of official duty has been obtained. The authorization shall contain, at a minimum, the date, the name, address, phone number, and Texas Department of Public Safety driver's license or identification card number (or, if the person is not a Texas resident, similar documentation from the person's state of residence) of the person with whom the permittee has contracted for nuisance alligator control; and shall be signed by the landowner, agent, or official. The permittee shall physically possess the authorization required by this paragraph:

(A) at all times that the permittee is engaged in or conducts nuisance alligator control activities; and

(B) subsequent to the capture of a nuisance alligator, at all times the permittee is in possession of the alligator, dead or alive, until the alligator is sold, transferred to another person legally permitted to possess the alligator, or released.

(2) Daily Log. A permittee shall continuously maintain and possess upon their person while engaged in any activity governed by this subchapter a completed daily log on a form prescribed by the department, indicating:

(A) the date, location, and department-assigned case number for each nuisance alligator complaint responded to by the permittee;

(B) the date and location of each nuisance alligator captured by the permittee;

(C) the sex and length of each alligator captured; and

(D) the disposition of each alligator captured, to include:

(i) the means of dispatch, if lethal control is employed; and

(ii) if the alligator is lawfully sold or lawfully transferred to another person, the name and applicable permit number of the person to whom the nuisance alligator is sold or transferred.

(3) Record of Sale or Transfer. A permittee shall retain an invoice or sales receipt for each alligator sold or transferred to another person.

(4) Record Retention. All records and documents required by this section shall be retained and kept available for inspection upon request of a department employee acting within the official scope of duty for a two-year period immediately following the expiration of the period of validity of the permit under which they are required to be kept.

(5) Reporting.

(A) A permittee shall complete a Nuisance Alligator Hide Tag Report (PWD-305) immediately upon the take of a nuisance alligator and shall submit the report to the department within seven days.

(B) A permittee shall submit completed quarterly reports to the department by March 15, June 15, September 15, and December 15. The reports must be on a form supplied or approved by the department and must be submitted even if no nuisance alligators were taken by the permittee.

(C) The department may refuse to issue an initial or subsequent permit to any person who is not in compliance with the provisions of this paragraph.

(g) Prohibited Acts. It is an offense for a permittee to:

(1) violate a provision of this subchapter;

(2) violate a condition of a permit issued under this subchapter; or

(3) treat or allow the treatment of an alligator in a cruel manner as defined in Penal Code, § 42.092.

Notes

31 Tex. Admin. Code § 65.363

The provisions of this §65.363 adopted to be effective May 3, 2012, 37 TexReg 3172; Amended by Texas Register, Volume 43, Number 40, October 5, 2018, TexReg 6668, eff. 10/7/2018; Amended by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7910, eff. 12/4/2022