Florida has amended its fish-and-wildlife regulations to prohibit the sale of “any crocodilian product manufactured in the form of a stuffed baby crocodilian less than three feet in length … that depicts an unnatural crocodilian body or body part positioning.”
What counts as an unnatural pose?
The rule covers all animals in the order Crocodilia, including alligators, caimans, and gharials.
It’s difficult to predict exactly which poses will be enforced. The regulations do not define “unnatural crocodilian position” or suggest a method for making that determination. This leaves sellers and buyers with little clarity on what is permissible.
The goal behind the rule
The state Fish and Wildlife Conservation Commission aimed to shut down a tourist trade that involved killing baby alligators for trinkets. The Miami New Times reported that sellers were marketing stuffed baby alligators posed to wave hello for bedside tables and living rooms. The agency argued that banning these specific sales would prevent the killing of baby crocodilians.
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Florida officials have struggled with the distinction between different species in the past. While the state uses “crocodilian” to include alligators and caimans, it generally excludes bears despite some confusing language in other statutes. The new rule focuses strictly on the positioning of the product.
Some of the prohibited scenarios seem absurd at first glance. A stuffed baby crocodile should not appear to be preventing a burglary or serving in the Florida Legislature. The rule effectively bans any depiction of the animal performing human or impossible actions. The Miami New Times noted that sellers were “shutting down” this specific market.
Defining the impossible
While the standing-and-waving pose that was apparently so beguiling to tourists is clearly included, the mind boggles as to what else might be forbidden. The regulations certainly do not define “unnatural crocodilian position” or even suggest how to make that determination. This suggests the regulation could be extremely broad.
The head of the state’s Alligator Management Program appeared to confirm that when the New Times asked him this very question. An unnatural position, he said, would be “anything that an alligator can’t or won’t do.” So, anything of which an alligator would be physically incapable or would be subjectively unwilling to do is prohibited.
