1. (a) Wholesale and retail dealer permits.

   1. (1) Alligators taken under an alligator hunting license may be sold to any person possessing a valid wholesale alligator dealer permit.
   2. (2) A person possessing a wholesale dealer permit may sell legally obtained and documented alligators to anyone.
   3. (3) Except as provided in this subchapter, no person may purchase an alligator taken in this state without possessing a valid alligator dealer's permit.
   4. (4) A wholesale dealer may purchase legally taken alligators from any alligator hunter, dealer, farmer, import permit holder, or control hunter.
   5. (5) A person possessing a valid retail dealer permit may sell legally obtained and documented processed or manufactured alligator parts only to consumers.
   6. (6) A retail dealer permit is required to sell processed alligator parts such as skulls, feet, or teeth.

   7. (7) A retail dealer permit is not required of a:

      1. (A) person selling processed or manufactured products so long as alligator hide is the only alligator part used (e.g., footwear, belts, wallets, luggage, etc.); or
      2. (B) restaurant that sells alligator ready for immediate consumption in individual portion servings.

2. (b) Alligator farmer permit.

   1. (1) Applications for hide tags (PWD 372) shall be submitted to the department prior to harvest, except for non-harvest mortalities, in which case the permittee shall notify a game warden before skinning operations begin.

   2. (2) A farmer may:

      1. (A) purchase live or dead alligators from a farmer or control hunter;
      2. (B) purchase alligator eggs from an authorized egg collector;
      3. (C) sell live alligators to another farmer or to the holder of a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C; and
      4. (D) sell a lawfully documented dead alligator to anyone.

   3. (3) It is an offense for any alligator farmer to:

      1. (A) transport or receive a live alligator unless a game warden at the point of origin (if in Texas) and the destination (if in Texas) are notified at least 24 hours prior to transport; or
      2. (B) transport live alligators for exhibition purposes unless authorized by a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter C.

3. (c) Control hunter. A control hunter may temporarily possess a nuisance alligator, living or dead, but must sell such alligator to a:

   1. (1) farmer or wholesale dealer, if the alligator is dead; or
   2. (2) farmer, if the alligator is alive.

4. (d) Definitions. For the purposes of this section and all sections other than §65.352 of this title (relating to Definitions), the following words and terms shall have the following meanings.

   1. (1) Retail dealer--A person who operates a place of business (mobile or permanent) for the purpose of buying processed or manufactured alligator parts from a wholesale alligator dealer, farmer, or from a legal out-of-state source for resale to the consumer only, except as provided in subsection (a)(7) of this section.
   2. (2) Wholesale dealer--A person who operates a place of business (mobile or permanent) for the purpose of buying nonliving alligators for resale, canning, preserving, processing, or handling for shipment or sale.

Source Note:The provisions of this §65.357 adopted to be effective August 26, 1997, 22 TexReg 7898.