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RULE §65.359Possession

(a) A consumer may possess processed alligators and processed alligator meat products without permit or documentation requirements.

(b) Except as provided in subsection (a) of this section, all alligators or alligator parts possessed, sold, purchased, exported, or imported shall be accompanied by evidence of lawful take and/or possession. Depending on the applicability of paragraphs (1)-(3) of this subsection, evidence of lawful take shall consist of:

  (1) an applicable license or permit number and hide tag issued by the state or country of origin, which shall be firmly attached to an alligator hide. If the alligator hide is boxed or otherwise packaged for transport, the hide must be tagged, but the license or permit may be retained by the person in possession of the alligator, provided it is kept available for inspection by an authorized employee of the department;

  (2) a document, tag, or label for each alligator part, except for the hide, that specifies the:

    (A) place of origin;

    (B) name and address of the seller;

    (C) applicable license or permit number that is required by the state or country of origin;

    (D) hide tag number of the alligator from which the part originated;

    (E) Import Permit number, if imported into Texas; and

    (F) date of shipment, if imported into Texas; or

  (3) a document, tag, or label affixed to the outside of any package or container of alligators. The label must specify the:

    (A) contents;

    (B) hide tag number of the alligator from which the parts originated; and

    (C) any applicable license or permit numbers.

(c) Meat products finally processed and packaged by a farmer or wholesale dealer must be accompanied by an invoice or bill of sale that:

  (1) specifies the amount of packaged alligator meat by weight; and

  (2) identifies the farmer or wholesale dealer from which the packaged meat originated.

(d) The documents required in this subsection must accompany individual alligator parts after sale.

(e) An individual skull not accompanied by the hide and/or parts of the alligator from which it originated shall be legibly marked with the hide tag number of the alligator from which it originated. The marking shall be in indelible ink on the lower jaw. The provisions of this subsection apply only to skulls of nine inches or greater in length when measured as described in §65.352(16) of this title (relating to Definitions). This subsection does not apply to skulls possessed before the effective date of the subsection.

Source Note: The provisions of this §65.359 adopted to be effective August 26, 1997, 22 TexReg 7898; amended to be effective October 21, 2003, 28 TexReg 9081

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