1. (a) A first-time applicant for an alligator farmer's permit must, prior to permit issuance, show evidence of the following during a facility inspection by the department:

   1. (1) adequate barriers to prevent escape or entry by alligators;
   2. (2) a reliable source of clean, fresh water;
   3. (3) provision for protection from the cold, either available denning space or an enclosed, controlled-temperature environment;
   4. (4) pooled water sufficient to allow complete submersion of alligators and dry ground sufficient to permit alligators to completely exit from the water.
2. (b) Alligator farmers possessing alligator eggs outside an alligator nest shall house such eggs in identifiable original clutch groups in an incubation facility approved by the department.
3. (c) Complete written records of all alligator stock shall be kept, including shipping tickets, invoices, and bills of lading.
4. (d) Farmers may collect eggs from nests of captive alligators inside alligator farms at any time, provided each clutch is accompanied by a captive nest stamp provided by the department. Nesting activity of captive alligators shall be recorded on a daily basis. An annual summary of nesting activity (PWD-371A) shall be submitted to the department by September 15 of each year.
5. (e) Farmers possessing alligator eggs collected from the wild shall complete and submit an annual report (PWD-371A) to the department by September 30 of each year.

6. (f) The department reserves the right to deny permits to:

   1. (1) any incubation facility with less than a 70% hatching success over any period of two consecutive years; or
   2. (2) any farm facility with less than a 70% hatchling survival (hatch-to-harvest) over any period of two consecutive years.
7. (g) All facilities, alligator stock, and records are subject to examination by department personnel prior to permitting and thereafter during farm operation.
8. (h) No alligator eggs collected or obtained under authority of this subchapter may be shipped out of state.
9. (i) Applications for hide tags (PWD 372) shall be submitted to the department 15 days prior to harvest of alligators, except for non-harvest mortalities, in which case the permittee shall notify a game warden before skinning operations begin.

Source Note:The provisions of this §65.361 adopted to be effective September 19, 1996, 21 TexReg 8732; amended to be effective October 21, 2003, 28 TexReg 9081.