Commission Agenda Item No. 6
Presenter:
Jonathan Warner
Action
Alligator Farming Rules
Recommended Adoption of Proposed Changes
May 25, 2017
I. Executive Summary: This item seeks adoption of a proposed amendment to regulations governing alligator farms. The proposed amendment eliminates the requirement that alligator farms provide dry ground sufficient for alligators to emerge completely from the water.
II. Discussion: Under Parks and Wildlife Code, Chapter 65, the Texas Parks and Wildlife (TPW) Commission may regulate by proclamation the taking, possession, propagation, transportation, importation, exportation, and sale of alligators. Under current rule, alligator farms are required to provide pooled water sufficient to allow complete submersion of alligators and dry ground sufficient to permit alligators to completely exit from the water. In assessing the efficacy of those rules, the department has determined that the dry-ground requirement produces territorial disputes between individuals competing for space and the movements resulting from that requirement produce adverse impacts on skin quality, which in turn affects sale prices for hides. Staff believe that elimination of the dry-ground requirement will limit aggressive behavior between alligators and improve hide quality.
At the March 22, 2017 Work Session meeting, staff received permission to publish the proposed amendment (located at Exhibit A) in the Texas Register for public comment. Those rules were published in the April 21, 2017, issue of the Texas Register (42 TexReg 2147). Staff will provide a summary of public comment at the meeting.
III. Recommendation: Staff recommends that the TPW Commission adopt the following motions:
“The Texas Parks and Wildlife Commission adopts an amendments to §65.361, concerning Alligator Farm Facility Requirements, with changes as necessary to the proposed text as published in the April 21, 2017 issue of the Texas Register (42 TexReg 2147)."
Commission Agenda Item No. 6
Exhibit A
ALLIGATOR PROCLAMATION
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to §65.361, concerning Alligator Farm Facility Requirements. The proposed amendment would alter subsection (a)(4) to eliminate the requirement to provided dry ground sufficient to permit alligators to completely exit from the water. Alligator farming is a commercial enterprise that produces meat and hides, much like cattle ranching, and provides a conservation benefit by minimizing impact to wild populations. With respect to hide sales, the most important criteria is hide quality. The department has determined that the current rule requiring the provision of dry ground causes territorial confrontations between alligators, which in turn results in the degradation of hide quality, making Texas alligators less marketable. The department believes that skin quality is an indicator of good husbandry, and that reducing animal conflicts will produce a more humane environment for farmed alligators, which will also result in more marketable hides.
2. Fiscal Note.
Mitch Lockwood, Big Game Program Director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule.
3. Public Benefit – Cost Note.
Mr. Lockwood has also determined that for each of the first five years the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the increased marketability of hides by Texas alligator farmers.
(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, commission considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that most if not all businesses affected by the proposed rule qualify as small or microbusinesses. The department also has determined that there will be no adverse economic effects on small businesses, microbusinesses, and persons required to comply with the amendment as proposed, and, if anything, any fiscal impacts will be positive, since the proposed amendment is expected to result in the increased marketability of alligator hides. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.
(F) The department has determined that the proposed rule is in compliance with Government Code, §505.11 (Actions and Rules Subject to the Coastal Management Program) and §505.22 (Consistency Required for New Rules and Rule Amendments Subject to the Coastal Management Program).
4. Request for Public Comment.
Comments on the proposed rule may be submitted to Mitch Lockwood, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4363 (e-mail: mitch.lockwood@tpwd.texas.gov) or on the department’s website at www. tpwd.texas.gov.
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, §65.003, which authorizes the commission to regulate taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator that the commission considers necessary to manage this species, including regulations to provide for the periods of time when it is lawful to take, possess, sell, or purchase alligators, alligator hides, alligator eggs, or any part of an alligator; and limits, size, means, methods, and places in which it is lawful to take or possess alligators, alligator hides, alligator eggs, or any part of an alligator; and control of nuisance alligators.
The proposed new rule affects Parks and Wildlife Code, Chapter 65.
§65.361. Alligator Farm Facility Requirements.
(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) adequate barriers to prevent escape or entry by alligators;
(2) a reliable source of clean, fresh water;
(3) provision for protection from the cold, either available denning space or an enclosed, controlled-temperature environment;
(4) pooled water sufficient to allow complete submersion of alligators [and dry ground sufficient to permit alligators to completely exit from the water].
(b) – (i) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issue in Austin, Texas, on