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Gator owner cited

| August 9, 2006 1:00 AM

By KRISTI ALBERTSON

The Daily Inter Lake

A Kalispell man has been cited by Fish, Wildlife and Parks for the recent escape of an alligator that ended up in the Shady Lane fishing pond.

Rod Nelson, a former animal trainer for the Wild Eyes Animal and Photo Adventures animal park, was ticketed for unintentionally releasing an alligator he owned.

Nelson lives about 100 yards from where the gator was discovered, according to John Fraley, spokesman for Montana Fish, Wildlife and Parks.

The alligator did not have to travel far, he said.

A local woman and her son found the 5-foot, 60-pound alligator at the Shady Lane fishing pond at about 4 p.m. on July 31. A crowd of about 25 people reportedly tried to hook the alligator with fishing gear, shot it with a bow and arrow and slit its throat before a Flathead County sheriff s deputy arrived shortly after 10 p.m. and put the reptile down.

Nelson s citation was the result of an investigation by game wardens, Fraley said. Nelson has the option of paying a $735 bond or appearing in Justice Court.

Contacted on Tuesday, Nelson declined to comment.

Tim Feldner, state manager of commercial wildlife permitting, said Nelson told authorities his alligator apparently got out of its pen while he was out of town. Nelson contacted authorities when he returned and heard news accounts of what happened, Feldner said.

Under Montana law, it is unlawful to release from captivity or attempt to release from captivity, intentional or otherwise, wildlife from outside the state into the wild within the state.

The law also prohibits importing exotic wildlife into Montana unless the particular species has been evaluated and classified as noncontrolled, controlled or prohibited for private possession. Prohibited animals may not be imported into the state. Controlled species require a permit, and a list of noncontrolled species lists which exotic animals are allowed in Montana.

Alligators are not classified, Fraley said, so they are actually prohibited.

There is, however, a grandfather clause that allows people who owned alligators before January 2004 to keep them without a permit. That happened in the case of Nelson s reptile, Fraley said.

Alligators released into the wild are not protected in Montana.

In the southeastern United States, the species is listed as threatened under the Endangered Species Act because of alligators similarity to crocodiles, which are endangered.

Outside the Southeast, however, alligators are not protected under the act.

Even though alligators aren t protected in Montana doesn t mean people shouldn t exercise common sense if they encounter one, said Jim Satterfield, Region One supervisor for Fish, Wildlife and Parks.

Report the situation immediately, he said, and think of the consequences of your actions towards the animal before doing anything.

Reporter Kristi Albertson may be reached at 758-4438 or by e-mail at kalbertson@dailyinterlake.com.