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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER ASTATEWIDE HUNTING PROCLAMATION
DIVISION 2OPEN SEASONS AND BAG LIMITS
RULE §65.49Alligators

(a) Open seasons and bag limits. In all counties there is a general open season for alligator.

  (1) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, and on all properties for which the department has issued hide tags, the open season is from September 10 through September 30.

  (2) In all other counties, the open season is from April 1 - June 30.

  (3) Bag limit:

    (A) on a property for which the department has issued hide tags: one alligator per unused hide tag in possession; or

    (B) in counties with the season provided under paragraph (2) of this subsection: one alligator per person per license year, unless hide tags have been issued for the property.

(b) Harvest.

  (1) No person may hunt an alligator in this state unless that person is in possession of a valid hunting license.

  (2) No person may hunt an alligator on a property for which the department has issued hide tags unless the person is in physical possession of at least one valid, unused alligator hide tag per taking device employed by the person.

  (3) An alligator captured on a taking device must be immediately killed, documented, and tagged as required by this subsection.

  (4) If an alligator is killed on a property for which hide tags have been issued, the alligator must be immediately tagged with a hide tag within ten inches of the tip of the alligator's tail.

  (5) Except in the counties listed in subsection (a)(1) of this section, a person may kill an alligator without possessing a hide tag, provided:

    (A) the alligator is taken on private property with the consent of the owner of the property; and

    (B) the department has not issued hide tags for the property.

  (6) A person who kills an alligator under the provisions of paragraph (5) of this subsection shall immediately affix a completed Wildlife Resource Document to the alligator, which shall accompany the alligator until the alligator is permanently tagged with a hide tag as provided in subsection (c)(5) of this section.

(c) Tag issuance and usage.

  (1) Except as provided in this subchapter or Subchapter P of this chapter, no person may possess an untagged alligator hide or undocumented alligator part.

  (2) A hide tag issued for a property is valid only for that property.

  (3) Landowners may apply for hide tags from the department by submitting a completed application form (PWD 369) to the department. In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, tag issuance shall be based on annual surveys of alligator habitat and populations. In all other counties, tag issuance to landowners shall be on a case-by-case basis following a biological assessment by a department biologist.

  (4) Except as provided in paragraph (5) of this subsection, hunters shall obtain hide tags from the landowner.

  (5) A person who takes an alligator under subsection (b)(5) of this section shall permanently tag the alligator immediately upon receipt of a hide tag from the department.

(d) Management Tag. The department may issue management tags to a landowner with a department-approved alligator management plan that specifies a harvest quota of sub-adult alligators. All provisions of this subchapter pertaining to tags and tagging also apply to management tags.

(e) Reports; return of unused tags.

  (1) Except as provided in subsections (b)(6) and (c)(5) of this section, a person who takes an alligator shall complete an alligator hide tag report (PWD-304) immediately upon harvest. The report shall be submitted to the department within seven days of harvest.

  (2) A person who takes an alligator under subsection (b)(5) of this section shall complete and submit to the department an alligator hide tag report (PWD-304A) within 72 hours of harvest.

  (3) A person to whom the department has issued more than one hide tag shall file an annual report (PWD 370) accounting for all tags within 10 working days following the close of the open season in the county for which the tags were issued. All unused tags shall be returned with this report.

  (4) The department may refuse to issue additional hide tags to any person who:

    (A) does not file the reports as required by this section; or

    (B) does not return unused hide tags as required by this section.

(f) Sale. Alligators taken under this subchapter may be sold only to a person possessing either a valid wholesale alligator dealer permit or a valid alligator farmer permit.

(g) Exception.

  (1) This subchapter shall not prohibit a person from killing an alligator:

    (A) in immediate defense of his or her life or the lives of others; or

    (B) to protect livestock or other domestic animals from imminent injury or death.

  (2) Alligators killed under this subsection shall be immediately reported to the department.

(h) Alligator feeding. It is an offense for any person to intentionally feed a free-ranging alligator, except for a licensed hunter or control hunter lawfully engaged at the time in the activity of hunting alligators. This paragraph does not apply to federal, state, or local government employees in the performance of official duties.


Source Note: The provisions of this §65.49 adopted to be effective September 1, 2006, 31 TexReg 5342

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