Laws – Alabama Herpetological Society

Alabama State Nongame Laws

Reptiles

220-2-.92 Nongame Species Regulation

(1) It shall be unlawful to take, capture, kill, or attempt to take, capture or kill; possess, sell, trade for anything of monetary value, or offer to sell or trade for anything of monetary value, the following nongame wildlife species (or any parts or reproductive products of such species) without a scientific collection permit or written permit from the Commissioner, Department of Conservation and Natural Resources, which shall specifically state what the permittee may do with regard to said species:

Common Name	Scientific Name
Lizard, Eastern Slender Glass	Ophisaurus attenuatus longicaudus
Lizard, Mimic Glass	Ophisaurus mimicus
Skink, Coal	Eumeces anthracinus spp
Skink, Southeastern Five-lined	Eumeces inexpectatus
Snake, Pine: Black Pine Snake Northern Pine Snake Florida Pine Snake	Pituophis melanoleucus spp
Snake, Eastern Indigo	Drymarchon couperi
Snake, Eastern King	Lampropeltis getula
Snake, Eastern Coral	Micrurus fulvius
Snake, Gulf Salt Marsh	Nerodia fasciata clarkii
Snake, Prairie King	Lampropeltis calligaster calligaster
Snake, Rainbow	Farancia erytrogramma
Snake, Speckled King	Lampropeltis nigra
Snake, Southern Hognose	Heterodon simus
Terrapin, Diamondback	Malaclemys spp
Tortoise, Gopher	Gopherus polyphemus
Turtle, Alabama Red-bellied	Pseudemys alabamensis
All Map Turtles: Turtle, Barbour’s Map Turtle, Escambia Map Turtle, Northern Map Sawback, Black-knobbed Turtle, Ouachita Map Turtle, Alabama Map	Graptemys spp. Graptemys barbouri Graptemys ernsti Graptemys geographica Graptemys nigrinoda ssp. Graptemys ouachitensis ouachitensis Graptemys pulchra
Turtle, Flattened Musk	Sternotherus depressus
Turtle, Alligator Snapping	Macrochelys temminckii
Turtle, Razor-backed Musk	Sternotherus carinatus

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Amphibians

220-2-.92 Nongame Species Regulation

Common Name	Scientific Name
Amphiuma, One-toed	Amphiuma pholeter
Frog, Gopher	Lithobates capito
Frog, Mississippi Gopher	Lithobates sevosus
Frog, River	Lithobates heckscheri
Frog, Wood	Lithobates sylvaticus
Hellbender, Eastern	Cryptobranchus Spp
Salamander, Reticulated Flatwoods	Ambystoma bishopi
Salamander, Eastern Tiger	Ambystoma tigrinum
Salamander, Green	Aneides aeneus
Salamander, Red Hills	Phaeognathus hubrichti
Salamander, Seal	Desmognathus monticola
Salamander, Seepage	Desmognathus aeneus
Salamander, Small-mouthed	Ambystoma texanum
Salamander, Southern Dusky	Desmognathus auriculatus
Salamander, Southern Red-backed	Plethodon serratus
Salamander, Tennessee Cave	Gyrinophilus palleucus
Treefrog, Pine Barrens	Hyla andersonii
Waterdog, Black Warrior	Necturus alabamensis

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(f) Other State or Federally protected nongame species.

In addition any required federal permits for federally protected species must be obtained.

(2) It shall be unlawful for any person to take, capture, kill, or possess any bullfrog (Lithobates catesbeianus) or pig frog (Lithobates grylio) from the public waters of this state for commercial purposes. Furthermore it shall be unlawful for any person to take, capture, kill, or possess more than twenty (20) bullfrogs and pig frogs in aggregate from the public waters of this state during any twenty four (24) hour period from 12 noon to the following 12 noon.

(3) It shall be unlawful for any person to sell, offer for sale or trade anything of value or possess alive any Eastern Diamondback Rattlesnake (Crotalus adamanteus) without a permit from the Commissioner. Nothing herein is intended to prevent the relocation of live Eastern Diamondback Rattlesnakes to suitable habitat when conducted in the same day as capture and with landowner permission.

Restricted Species Posession

Restricted Species Possession

Due to ecological, economic, and human health and safety concerns related to potential impacts of nonnative animals in Alabama, effective October 15, 2020, an amendment to Alabama Wildlife and Freshwater Fisheries Regulation 220-2-.26 was adopted which prohibits any person, firm, association, or corporation from possessing, selling, offering for sale, importing, bringing, releasing, or causing to be brought or imported into the State of Alabama the following:

(a) Any species of venomous reptile which has never naturally existed in the wild in Alabama, including but not limited to venomous snakes of the families Viperidae, Atractaspididae, Elapidae, Hydrophiidae, and Colubridae, except for hognose snakes (Genus Heterodon).

(b) Any species of bird, mammal, reptile, or amphibian listed as injurious wildlife under the Lacey Act (18 U.S.C. 42) from the United States Fish and Wildlife Service (USFWS).

Persons currently holding the above listed species of wildlife (b and c) without a DCNR permit will be given 90 days from effective date of amendment to notify AWFF and apply for a permit, lawfully export, or voluntarily surrender the animals to the appropriate AWFF personnel without prosecution.

NOTE: Venomous reptiles which have never naturally existed in the wild in Alabama (i.e. non-indigenous) have not been legal to possess in Alabama since 2001 and therefore are not eligible for a restricted species permit.

Permit Eligibility

To be eligible for a Restricted Species Permit, the following stipulations must be followed:

(a) Construction and maintenance of cages or enclosures:

Cages or enclosures housing any animals identified in regulation 220-2-.26 shall be sufficiently strong to prevent escape and to protect the caged animal from injury, and shall be equipped with structural safety barriers to prevent any physical contact with the caged animal by public. All cages or enclosures less than one thousand square feet shall be covered at the top to prevent escape and also to exclude predators. Adjacent cages shall be far enough apart to prevent one animal from causing injury to another. Cages or enclosures shall be subject to inspection at any reasonable time.
Enclosure size should be determined by the size of the animal being housed and must ensure the health and sanitary needs of the animals being housed.
Animal(s) may be housed in temporary cages or enclosures for transport or veterinarian care only. Any temporary cage or enclosure must be equipped with structural safety barriers to prevent any physical contact with the caged animal by public and shall be covered to prevent escape and exclude predators. Animals in transport or in temporary cages or enclosures must be rendered incapable of reproduction by segregation (e.g. individually caged to prevent breeding).
Cages or enclosures shall be subject to inspection at any reasonable time.

(b) Each individual animal permitted must have a passive integrated transponder (PIT tag) or microchip in encoded with a unique identifier permanently implanted.

(d) All animals that die, escape, or are legally exported shall be reported to the Nongame Program Coordinator within 24 hours.

(e) An inventory must be provided to AWFF stating the species, sex, age (if known), and passive integrate transponder (PIT tag) or micro-chip number of each animal in persons possession. All animals must be reported on inventory. This inventory shall be listed on the permit. A list of all permitted inventory shall be maintained at AWFF Headquarters with the Nongame Program and updated as animals die, escape, or are legally exported, to reflect current inventory. Inspections by authorized AWFF personnel to confirm inventory shall be allowed at any reasonable time.

(f) A report of inventory must be submitted annually by October 1 of each calendar year.

(g) If permittee dies or otherwise becomes incapacitated while in possession of permitted animals, then the listed beneficiary can take possession of the animal under the permit. Disposition of animals covered under the permit must be approved by AWFF.

(h) Permit(s) will expire upon the death of animal(s). It is unlawful to replace any deceased, lawfully exported, escaped, or voluntarily surrendered animal.

(i) Permit may be revoked for any violation of conditions of the permit. Upon revocation of permit, former permittee will have 90 days to properly dispose of animals as outlined in permit.

(j) Permit(s) are non-transferable.

Persons found in possession of, breeding, selling, trading, or importing any of the above prohibited species listed in regulation 220-2-.26 after 90 days from the October 15, 2020 effective date of amendment will be subject to prosecution and seizure of illegally held animals.

Permit Application

Permit applications shall be submitted by:

(a) email: DCNR.Wildlife@dcnr.alabama.gov with the subject line “Restricted Species Possession Permit Application,” or

(b) mail: Dept. of Conservation and Natural Resources, Wildlife and Freshwater Fisheries Div., Attn: Nongame Wildlife Program, PO Box 301457, Montgomery, AL 36130-1457, or express mail: 64 N Union Street, Ste 584, 36104.

Applications must be received or postmarked by January 13, 2021.

RESTRICTED SPECIES PERMIT APPLICATION

For Questions Contact:

Carrie Threadgill
Nongame Widlife Program Coodinator
DCNR.Wildlife@dcnr.alabama.gov
334-242-3469

CPT. Micheal East, Law Enforcement
Captive Wildlife Coordinator
DCNR.Enforce@dcnr.alabama.gov
334-242-3467

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Turtle Laws

Turtles are protected by regulation and by law. These regulations include, but are not limited to:

“No person shall take, attempt to take, sell or possess any turtle egg or turtle or parts thereof from the wild in this state, to include public and private waters, for commercial purposes. This is not to prohibit the operations of properly permitted ‘Turtle Farmers’ or ‘Turtle Dealers’ as defined in Rule 220-2-.142.”
“This is not to prohibit the removal of turtles from a privately constructed farm pond by the landowner or his agent while controlling nuisance animals as long as the turtles are not sold or traded for anything of value.”
“Nothing in this regulation prohibits the taking for personal use of up to two legal turtles per day by hand, dip net or hook and line however, no person shall take more than two turtles per day from the wild in this state, to include public and private waters.”
“No person, firm or corporation shall import or cause to be imported, any nonindigenous turtle species for the purpose of propagation.”