Ala. Admin. Code r. 220-2-.142

Current through Register Vol. 42, No. 7, April 30, 2024

Section 220-2-.142 - Turtle Dealer/Farmer Regulation

(1) Definitions:

(a) "Division" - Wildlife and Freshwater Fisheries Division of the Alabama Department of Conservation and Natural Resources.

(b) "Director" - The Director of the Wildlife and Freshwater Fisheries Division of the Alabama Department of Conservation and Natural Resources.

(c) "Turtle Farmer" - Any person, firm, or corporation engaged in the business of propagating legally acquired captive indigenous turtles or turtle eggs for commercial purposes.

(d) "Turtle Dealer" - Any person, firm, or corporation who purchases, imports or exports turtles or turtle eggs for resale or stocking purposes or who sells, offers for sale, or trades for anything of value legally acquired live turtles.

(2)

(a) No person shall take, attempt to take, sell or possess any turtle egg or turtle or parts thereof from the wild in this state, to include public and private waters, for commercial purposes, except those turtle farmers who may take nuisance turtles from privately constructed farm ponds for use as breeder turtles only under specially issued permits from the Director or his designee. Turtles taken under the specially issued nuisance permits shall not be sold or bartered. This is not to prohibit the operations of properly permitted "Turtle Farmers" or "Turtle Dealers" as defined in paragraph (1) as long as those turtles are not taken from the wild.

(b) This is not to prohibit the removal of turtles from a privately constructed farm pond by the landowner or his agent while controlling nuisance animals as long as the turtles are not sold or traded for anything of value.

(c) Nothing in this regulation prohibits the taking for personal use of up to two legal turtles per day by hand, dip net or hook and line however, no person shall take more than two turtles per day from the wild in this state, to include public and private waters.

(3)

(a) Any person, firm, or corporation engaged in the business of propagating captive turtles or incubating and hatching turtle eggs for restocking, sale, or other commercial purposes must first obtain a turtle farmer's permit from the Director. Each turtle farmer permittee must agree to meet designated standards for enclosure construction and animal care prior to being permitted. Each permittee will file an annual report on forms provided by the Division prior to renewal of their farmer permit. This report will provide the information required by subsection (c) of this regulation. Any person, firm or corporation engaged in the import, export, sale or trade of live turtles or turtle eggs must first obtain a "Turtle Dealers" permit from the Director or his designee.

(b) No person, firm or corporation shall import or cause to be imported, any nonindigenous turtle species for the purpose of propagation. Nonindigenous turtle species may not be propagated within the state.

(c) All turtles imported into or exported out of the state of Alabama for commercial purposes shall be accompanied by a bill of lading which provides the following information:

(1) name of person importing/exporting the turtles;

(2) permit number of person importing/exporting the turtles;

(3) date of shipment;

(4) quantity and species of turtles;

(5) origin (state and body of water) of shipment;

(6) destination of shipment;

(7) total value of shipment; and

(8) signature of owner/transporter. A copy of the bill of lading shall remain with the shipment and a copy sent to the Division.

(d) Each turtle farmer report required in this regulation must be filed with the Division prior to renewing their annual permit and must include the following and any other information specified by the Director:

(1) permit holder's name and permit number;

(2) buyer/seller's name and address;

(3) date of transaction;

(4) origin (state) of turtles purchased/sold;

(5) quantity and species of turtles purchased/sold;

(6) amount received/paid for turtles and;

(7) signature of permit holder. The Director or other persons as designated for such purposes shall have the power and authority to inspect and examine the books, records, turtles or facilities of each permit holder.

Ala. Admin. Code r. 220-2-.142

New Rule: Filed August 10, 2006; effective September 14, 2006. Rule: Filed August 26, 2011; effective September 30, 2011. Amended: Filed June 15, 2012; effective July 20, 2012. Amended: Filed September 9, 2013; effective October 14, 2013.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/23/2017.

Author: N. Gunter Guy, Jr.

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

PENALTY: As provided by law.