reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter B - DISEASE DETECTION AND RESPONSE › Division 2 - CHRONIC WASTING DISEASE - COMPREHENSIVE RULES › Section 65.96 - Movement of DMP Deer

Current through Reg. 49, No. 28; July 12, 2024
This section applies to the movement of deer under a
						DMP.
(1) The department will not
					 authorize the transfer of deer to a DMP facility from a breeding facility
					 subject to the provisions of §
											65.99 of
					 this title (relating to Breeding Facilities Epidemiologically Connected to Deer
					 Infected with CWD) or trace-out release site that is not in compliance with the
					 requirements of this division.
(2)
					 The department will not authorize the transfer of deer from a DMP facility to
					 any location other than the release site specified in the permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter B - DISEASE DETECTION AND RESPONSE › Division 2 - CHRONIC WASTING DISEASE - COMPREHENSIVE RULES › Section 65.97 - Testing and Movement of Deer Pursuant to a Triple T or TTP Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) On the effective date of this paragraph
					 the department will cease the issuance of Triple T permits for deer until
					 further notice.
(2) The department
					 will not issue a Triple T permit authorizing deer to be trapped at a:
(A) release site that has received breeder
					 deer within five years of the application for a Triple T permit;
(B) release site that has failed to fulfill
					 the applicable testing requirements of this division;
(C) any site where a deer has been confirmed
					 positive for CWD;
(D) any site
					 where a deer has tested "suspect" for CWD; or
(E) any site under a hold order or
					 quarantine.
(3) In
					 addition to the reasons for denying a Triple T permit as provided in §
												65.107
					 of this title (relating to Permit Application and Processing) and §65.109
					 of this title (relating to Issuance of Permit), the department will not issue a
					 Triple T permit if the department determines, based on epidemiological
					 assessment and consultation with TAHC that to do so would create an
					 unacceptable risk for the spread of CWD.
(4) All deer released under the provisions of
					 this section must be tagged prior to release in one ear with a button-type RFID
					 tag approved by the department, in addition to the marking required by §
												65.102 of this title (relating to
					 Disease Detection Requirements). RFID tag information must be submitted to the
					 department.
(5) Nothing in this
					 section authorizes the take of deer except as authorized by applicable laws and
					 regulations, including but not limited to laws and regulations regarding
					 seasons, bag limits, and means and methods as provided in Subchapter A of this
					 chapter (relating to Statewide Hunting Proclamation).
(6) Except for a permit issued for the
					 removal of urban deer, a test result is not valid unless the sample was
					 collected and tested after the Saturday closest to September 30 of the year for
					 which activities of the permit are authorized.
(7) For permits issued for the removal of
					 urban deer, test samples may be collected between April 1 and the time of
					 application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter B - DISEASE DETECTION AND RESPONSE › Division 2 - CHRONIC WASTING DISEASE - COMPREHENSIVE RULES › Section 65.98 - Transition Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 release site that was not in compliance with the applicable testing
					 requirements of this division in effect between August 15, 2016 and the
					 effective date of this section shall be:
(1)
					 required to comply with the applicable provisions of this division regarding
					 CWD testing with respect to release facilities; and
(2) ineligible to be a release site for
					 breeder deer or deer transferred pursuant to a Triple T permit or DMP until the
					 release site has complied with paragraph (1) of this
					 section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter B - DISEASE DETECTION AND RESPONSE › Division 2 - CHRONIC WASTING DISEASE - COMPREHENSIVE RULES › Section 65.99 - Breeding Facilities Epidemiologically Connected to Deer Infected with CWD; Positive Deer Breeding Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Effectiveness.
(1) To the extent that any
					 provision of this section conflicts with any provision of this division, the
					 provisions of this section prevail.
(2) The provisions of Division 1 of this
					 subchapter apply to any facility designated by the department as a Category A
					 or Category B trace-out breeding facility, Tier 1 breeding facility, or
					 trace-in breeding facility subject to the provisions of this section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter B - DISEASE DETECTION AND RESPONSE › Division 2 - CHRONIC WASTING DISEASE - COMPREHENSIVE RULES › Section 65.100 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
					 violates a provision of this division or a condition of a deer breeder's
					 permit, DMP, Triple T permit, TTP permit, herd plan, or custom testing plan
					 commits an offense and is subject to the penalties prescribed by the applicable
					 provisions of the Parks and Wildlife Code.
(b) A person who possesses or receives
					 white-tailed deer or mule deer under the provisions of this division and/or
					 Subchapters C, D, or T of this chapter is subject to the provisions of TAHC
					 regulations at 4 TAC Chapter 40 (relating to Chronic Wasting Disease) that are
					 applicable to white-tailed or mule deer.
(c) A person who fails to comply with a
					 provision of this division or a condition of a deer's breeder permit, DMP,
					 Triple T permit, TTP permit, herd plan, or custom testing plan may be
					 prohibited by the department from future permit eligibility or
					 issuance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.102 - Disease Detection Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The provisions of Subchapter B, Division 2, of this chapter apply to the
				  movement of deer pursuant to a permit issued under this subchapter.
(b) All deer released shall be tattooed in
				  one ear with a department-assigned identification number.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.103 - Trap, Transport, and Transplant Permit (Triple T)

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may establish trapping
				  periods, based on biological criteria, when the trapping, transporting, and
				  transplanting of game animals and game birds under this section by individuals
				  will be permitted.
(b) Game animals
				  and game birds killed in the process of conducting permitted activities shall
				  count as part of the total number of game animals or game birds authorized by
				  the permit to be trapped.
(c) A
				  buck deer transported under the provisions of this subchapter shall have its
				  antlers removed at a point within the first two inches above each pedicel prior
				  to transport.
(d) The department
				  will not issue a permit under this subchapter for an activity involving desert
				  bighorn sheep or migratory game birds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.104 - Permit to Trap, Transplant, and Process Surplus White-Tailed Deer

Current through Reg. 49, No. 28; July 12, 2024
(a) All deer trapped and transported pursuant
				  to this section shall be delivered to a processing facility selected by the
				  applicant and approved by the department. Acceptable processing facilities are:
(1) Texas Department of Criminal Justice
				  penal facilities located in Palestine and Amarillo;
(2) other government-sanctioned penal
				  facilities in the state of Texas;
(3) independent facilities in the state of
				  Texas inspected for food safety by the Department of State Health Services;
				  and
(4) any other processing
				  facility approved by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.105 - Urban White-Tailed Deer Removal Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Urban white-tailed deer removal permits
				  may only be issued when the applicant shows, to the department's satisfaction,
				  that:
(1) an overpopulation of deer exists at
				  the trap site;
(2) hunting is
				  inadequate, because of human health and safety concerns, to reduce the
				  overpopulation;
(3) the release
				  site identified by the applicant consists of natural habitat;
(4) the addition of white-tailed deer to the
				  release site will not result in immediate overpopulation; and
(5) the transplanted deer will be subject to
				  lawful hunting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.107 - Permit Application and Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
(1) An applicant for a permit under this
				  subchapter shall submit an administratively complete application via an online
				  application designated by the department for that purpose. The department will
				  not process an application that is not administratively complete. An
				  administratively complete application is an application that provides, at a
				  minimum, the following, as indicated on the application form:
(A) the specific trap site information
				  indicated on the application form, including a georeferenced map of the trap
				  site;
(B) the specific release
				  site information indicated on the application form, including a georeferenced
				  map of the release site;
(C) the
				  number of game animals or game birds to be trapped at each trap site;
(D) the number of game animals or
				  game birds to be released at each release site; and
(E) any additional habitat, population, and
				  monitoring information or data the department deems necessary to evaluate the
				  prospective activity.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.109 - Issuance of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as may
				  be specifically provided otherwise, permits authorized under this subchapter:
(1) will not be issued until the department
				  has conducted an inspection of the prospective release sites, if the department
				  believes inspection is warranted;
(2) will be issued only if the application
				  and any associated materials are approved by a Wildlife Division technician or
				  biologist authorized to approve Triple T permit applications; and
(3) do not exempt an applicant from the
				  requirements of §§
											65.150-
				  65.162 of this
				  title (relating to Permits for Aerial Management of Wildlife and Exotic
				  Animals).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.111 - Permit Conditions and Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may place limitations on
				  the hunting or taking of game animals or game birds at a release site that the
				  department deems necessary to facilitate or enhance the establishment of a
				  sustainable population.
(b) A
				  permittee may distribute the cost of permitted activities by entering into
				  cost-sharing agreements with other parties involved, but such cost-sharing
				  arrangements shall not violate the provisions of §
										65.117
				  of this title (relating to Prohibited Acts).
(c) If it is determined by the department
				  that any condition listed on the permit has been violated, the department may
				  suspend the permit after notifying the supervisory permittee that a violation
				  has occurred. All contested cases shall be conducted pursuant to the provisions
				  of Government Code, Chapter 2001.
(d) With the exception of permits to trap,
				  transport, and process surplus white-tailed deer where deer at the trap site
				  pose a threat to human health and safety, permits issued pursuant to this
				  subchapter shall expire at the end of the specified trapping period for that
				  species. The maximum period of validity for a permit issued under this
				  subchapter shall not exceed one year.
(e) Unattended trapping equipment and devices
				  at trap sites within incorporated areas shall be labeled with the owner's name,
				  complete address, and telephone number; the date of trap site establishment;
				  and the date the trap site was last visited.
(f) Unattended trap sites that may pose a
				  human health and safety hazard shall be clearly marked as such.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.113 - Marking of Game Animals and Game Birds

Current through Reg. 49, No. 28; July 12, 2024
To facilitate later field recognition, the permittee may
					 place suitable ear tags on trapped game animals or suitable patagial tags
					 and/or leg bands on trapped game birds. Game animals and game birds may not be
					 otherwise marked unless specifically authorized by the
					 department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.115 - Notification, Recordkeeping, and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as specifically authorized by the
				  department in the provisions of a permit, no person shall trap, transport, or
				  release a game animal or game bird under a permit authorized by this subchapter
				  unless that person has notified the department not less than 12 hours nor more
				  than 48 hours prior to each instance of trapping, transportation, or release.
				  Notification shall be by email to the Law Enforcement Communications Center in
				  Austin, and shall consist of:
(1) in the case
				  of trapping or transport, the supervisory permittee's name, permit number, and
				  the date(s) that the trapping or transport will occur; and
(2) in the case of release, the date, time,
				  and specific location of the release.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.116 - Nuisance Squirrels

Current through Reg. 49, No. 28; July 12, 2024
No permit or report is required for a landowner or his/her
					 agent to live trap, transport, and release nuisance squirrels if:
(1) local ordinances prohibit the use of
				  means and methods provided by §
										65.11 of
				  this title (relating to Means and Methods);
(2) written permission from the owner of the
				  property where squirrels are to be released:
(A) has been obtained prior to transport and
				  release; and
(B) is carried while
				  transporting squirrels;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.117 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  commits an offense if that person:
(1) traps
				  game birds or game animals at any location other than the trap site(s)
				  specified on the permit;
(2)
				  releases game birds or game animals at any location other than the release
				  site(s) specified on the permit or delivers deer to a location other than a
				  processing facility specified on the permit;
(3) violates any of the conditions listed on
				  the permit;
(4) does not take
				  reasonable precautions to maximize the humane treatment of and to minimize the
				  stress on trapped game animals or game birds;
(5) does not take reasonable precautions to
				  minimize human health and safety risks during all aspects of permitted
				  trapping, transporting, and transplanting operations; or
(6) except for inedible parts of white-tailed
				  deer carcasses obtained pursuant to a Trap, Transport, and Process Surplus
				  White-tailed Deer Permit, sells, barters, or otherwise exchanges or accepts
				  anything of value for a game animal or game bird obtained under a permit issued
				  under this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter C - PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS › Section 65.119 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person who violates a provision of this subchapter, a
					 condition of any permit issued pursuant to this subchapter, or any provision of
					 Parks and Wildlife Code, Chapter 43, Subchapter E, commits an offense and is
					 subject to the penalties prescribed by Parks and Wildlife Code, §
										12.405
					 or §
										12.406,
					 as applicable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.131 - Deer Management Permit (DMP)

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department may issue a Deer Management Permit to a person who has met the
				  requirements of §
										65.132 of this
				  title (relating to Permit Application).
(b) A person who possesses a valid Deer
				  Management Permit may trap and detain wild deer according to the provisions of
				  this subchapter and Parks and Wildlife Code, Chapter 43, Subchapter R. A
				  permittee shall abide by the terms of an approved deer management
				  plan.
(c) The provisions of Parks
				  and Wildlife Code, Chapter 43, Subchapters C, E, and L do not apply to deer
				  lawfully being held in possession under authority of a valid DMP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.132 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  for a DMP shall complete and submit an application on a form supplied by the
				  department. Applications for a DMP shall be accompanied by a deer management
				  plan containing the information stipulated by the application form and the
				  nonrefundable fee as specified in Chapter 53, Subchapter A, of this title
				  (relating to Fees). Incomplete applications will not be processed until
				  complete. A DMP will not be issued unless the applicant's deer management plan
				  has been approved by a Wildlife Division technician or biologist assigned to
				  write wildlife management plans.
(b) A permit under this subchapter is valid
				  from the date of issuance through the last release date authorized under the
				  permit or the date that release occurs, whichever comes first.
(c) A person who receives deferred
				  adjudication for, pleads nolo contendere to, or is convicted of a violation
				  involving § 65.136 of this title (relating to Release) is prohibited from
				  obtaining a DMP for a period of three years from the date the conviction is
				  obtained or deferred adjudication was received.
(d) In addition to the provisions of Parks
				  and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit
				  issuance or renewal as provided in Subchapter U of this chapter (relating to
				  Authority to Refuse to Issue or Renew Permit).
(e) The department shall conduct all reviews
				  of department decisions to deny issuance or renewal of a permit under this
				  subchapter in compliance with the provisions of Parks and Wildlife Code,
				  Chapter 12, Subchapter G and Subchapter U of this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.133 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Deer detained
				  under a DMP shall not be commingled with deer held under any other license or
				  permit, except as provided under this subchapter.
(b) Any deer introduced into a pen containing
				  deer detained under a DMP become free-ranging deer and must be released
				  according to the provisions of §
										65.136
				  of this title (relating to Release of Deer).
(c) If approved under the deer management
				  plan, deer held under the provisions of Subchapter T of this chapter (relating
				  to Deer Breeder Permits) may be introduced into a pen containing deer detained
				  under a DMP. Such deer may not be recaptured and must be released with all
				  other deer required to be released under the provisions of §
										65.136
				  of this title to become free-ranging deer.
(d) If approved under the deer management
				  plan, deer held under the provisions of Subchapter C of this chapter (relating
				  to Permits for Trapping, Transporting, and Transplanting Game Animals and Game
				  Birds) may be released into a pen containing deer detained under a DMP;
				  however, at the time of release from the DMP pen the property for which the DMP
				  has been issued must meet the release-site requirements established in
				  Subchapter C of this chapter.
(e)
				  The holder of a DMP is entitled to the issuance of Managed Lands Deer Program
				  tags subject to the provisions of §
										65.29
				  of this title (relating to Managed Lands Deer (MLD) Program).
(f) A DMP authorizes the permittee to detain
				  deer for natural breeding only.
(g)
				  No deer, parts of deer, or by-products of any deer held under a DMP may be
				  sold, bartered, or traded for any consideration.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.134 - Facility Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) No pen used to
				  detain deer under a DMP shall be more than 100 acres in area or less than five
				  acres in area.
(b) A pen must
				  contain at least 50,000 square feet of natural vegetation of the type typically
				  used by white-tailed deer for concealment and cover.
(c) Exceptions.
(1) The department may issue a DMP for a
				  property that includes a pen of less than five acres in area, provided:
(A) the pen contains at least 50,000 square
				  feet of natural vegetation of the type typically used by white-tailed deer for
				  concealment and cover;
(B) the pen
				  was authorized under a DMP in the 2010 - 2011 permit year; and
(C) the property for which the DMP is sought
				  is owned by one of the following:
(i) the same
				  person who owned the property as of September 1, 2011; or
(ii) a spouse or child (including a legal
				  entity through which a spouse or child has an ownership interest in the
				  property) of the person who owned the property as of September 1, 2011, if the
				  spouse or child obtained their ownership interest in the property by
				  inheritance, will, intestate succession, gift, transfer, or sale from the
				  person who owned the property as of September 1, 2011.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.135 - Detention of Deer

Current through Reg. 49, No. 28; July 12, 2024
(a) No trapping of
				  deer under a DMP may take place between December 15 and August 31 of any
				  year.
(b) The holder of valid DMP
				  may replace a buck deer that dies in a DMP pen after being lawfully introduced,
				  provided:
(1) such replacement takes place no
				  later than January 31 of the current permit year; and
(2) the replacement buck deer to be
				  introduced to a DMP pen under the provisions of this subsection is obtained
				  from:
(A) the acreage for which the DMP was
				  issued;
(B) the holder of a valid
				  permit issued under the provisions of Subchapter C of this chapter (relating to
				  Permits to Trap, Transport, and Transplant Game Animals and Game Birds) that
				  authorizes the DMP property as the release site; or
(C) the holder of a valid permit held under
				  the provisions of Subchapter T of this chapter (relating to Deer Breeder
				  Permits), if the DMP holder's deer management plan authorizes the introduction
				  of deer from a deer breeder facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.136 - Release of Deer

Current through Reg. 49, No. 28; July 12, 2024
(a) Release of deer
				  shall be effected by removing, for a total of at least 20 feet, those
				  components of a pen that serve to maintain deer in a state of detention within
				  the pen; however, no opening shall be less than 10 feet in width. Such
				  components shall be removed for no fewer than 30 consecutive days.
(b) At any time that components of a pen are
				  removed or manipulated for the purposes of releasing wild deer, all externally
				  provided food and water (i.e., food or water that does not naturally occur at
				  the site) shall be removed or made inaccessible to deer for no fewer than 30
				  days.
(c) All deer within a DMP pen
				  shall be released on or before the date specified for the facility by the
				  department. The period of validity for a DMP terminates when any deer are
				  released under the provisions of this section.
(d) Except for deer authorized by the
				  department for release elsewhere under a permit to trap, transport, and
				  transplant game animals and game birds, all deer released from a DMP pen shall
				  be released directly into the pasture where they were captured for the purposes
				  of activities under this subchapter.
(e) The holder of a DMP shall notify the
				  department no later than 48 hours following the release of deer under this
				  section. The notification shall be via the department's Internet-based
				  notification application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.137 - Disposition of Mortalities

Current through Reg. 49, No. 28; July 12, 2024
A permittee shall, within ten days of disposing of any deer
					 under the provisions of this section, complete and forward to the department a
					 department-issued or department-approved disposition receipt form accounting
					 for each deer disposed of under the provisions of this section. All deer that
					 die as a result or in the course of activities conducted under a DMP shall be
					 kept in an edible condition and disposed of by one of the following
					 methods:
(1) donation to charitable
				  organizations, public hospitals, orphanages, or indigent persons;
(2) transfer or donation to other persons
				  authorized to receive such specimens under a license or permit issued by the
				  department; or
(3) special
				  disposition as prescribed in writing by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter D - DEER MANAGEMENT PERMIT (DMP) › Section 65.138 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person who violates any provision of this subchapter
					 commits an offense and is subject to the penalties prescribed by Parks and
					 Wildlife Code, Chapter 43, Subchapter R.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.150 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
These rules apply to all the counties in
					 Texas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.151 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Aerial
				  Management Permit (AMP)--A permit issued by the department to count,
				  photograph, relocate, capture, hunt or take wildlife or exotic animals by the
				  use of aircraft.
(2) Aircraft--A
				  mechanical or other device used for flight in the air.
(3) Applicant--An individual who files an
				  application for an AMP.
(4)
				  Department--The Texas Parks and Wildlife Department or a specifically
				  authorized employee of the department.
(5) FAA--The Federal Aviation Administration
				  of the United States Department of Transportation.
(6) Gunner--
(A) A Landowner, Agent, or Subagent who
				  captures, takes, shoots, or attempts to capture, take, or shoot wildlife or
				  exotic animals from an aircraft; and
(B) any person who participates in the
				  capture, take, shooting, or attempted capture, take, or shooting of feral hogs
				  as a result of the use of a drone to locate feral hogs for purposes of eventual
				  take or capture.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.152 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  holds an AMP is authorized to engage in the management of wildlife and exotic
				  animals by the use of aircraft only on the tract(s) of land specified in the
				  LOA. The AMP must be carried in an aircraft when the aircraft is engaged in
				  activities authorized by the AMP, unless the aircraft is a UAV, in which case
				  the AMP shall be in possession of the operator.
(b) A pilot of an aircraft used for the
				  management of wildlife or exotic animals must maintain, on a daily basis, a
				  flight log and report. The daily flight log must be current and available for
				  inspection by game wardens at reasonable times. Each AMP holder and pilot shall
				  comply with all FAA regulations for the specific type of aircraft listed on
				  their AMP.
(c) It is lawful for a
				  person who holds an AMP to contract with a qualified Landowner, Agent, or
				  Subagent to act as a gunner the taking of depredating feral hogs or coyotes
				  from a helicopter, provided:
(1) the contract
				  is in writing and signed by the Landowner or Agent;
(2) a department-approved Subagent
				  authorization form has been properly executed and is in the physical possession
				  of the Subagent during all AMP activities in which the Subagent participates;
				  and
(3) the AMP holder possesses a
				  valid, properly executed LOA.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.153 - Application for Permit

Current through Reg. 49, No. 28; July 12, 2024
An applicant for an AMP shall complete and submit an
					 application on a form prescribed by the department. The application shall
					 contain the description, including make, model, color, and registration number
					 of each aircraft to be used. The name of each pilot shall be shown exactly as
					 it appears on the pilot's FAA license, along with a current address and date of
					 birth of the applicant (date of birth not applicable if corporation), Social
					 Security number, and the name, address, hunting license number or driver's
					 license number, and date of birth of each pilot.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.154 - Issuance of Permit; Amendment and Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing
				  of a properly executed application and payment of the fee specified by §
										53.15
				  of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and
				  Permits), the department may issue or renew an AMP to an individual if:
(1) the applicant will use the AMP only for
				  the purpose of protecting or aiding in the administration or protection of
				  land, water, wildlife, livestock, domesticated animals, human life, or crops;
				  and
(2) the AMP requested, in the
				  judgment of the department, will aid in the management of wildlife and exotic
				  animals and will not have a deleterious effect on indigenous species.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.155 - Period of Validity of Permit

Current through Reg. 49, No. 28; July 12, 2024
A permit is valid for a period of one year from the date of
					 issuance unless sooner terminated or revoked.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.160 - Landowner Authorization (LOA)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to managing wildlife or exotic animals, an AMP holder must submit to the
				  department, on a department-approved form, an LOA for each tract of land where
				  AMP activities are proposed to take place and may not conduct AMP activities
				  until the department has approved the LOA. The LOA must be signed by the AMP
				  holder and the Landowner or Agent and must be in the physical possession of the
				  person using an aircraft to manage wildlife or exotic animals during all AMP
				  activities. The LOA shall include:
(1) the
				  name, address, and phone number of the Landowner;
(2) the name, address, and phone number of
				  the authorized Landowner's Agent, if applicable;
(3) the name and AMP number of the AMP
				  holder;
(4) the farm or ranch name
				  and specific location of the property;
(5) a georeferenced map (a map image
				  incorporating a system of geographic ground coordinates, such as
				  latitude/longitude or Universal Transverse Mercator (UTM) coordinates) showing
				  the exact boundaries of the property on which AMP activities are to be
				  conducted, accompanied by a written statement signed by the Landowner or Agent
				  confirming that the map is true and correct;
(6) the yearly number of individual animals
				  of each species of wildlife or exotic animals to be managed by use of aircraft
				  and the reason why these animals should be managed; and
(7) if game animals or game birds are to be
				  captured by the use of aircraft, the permit number of a valid permit issued
				  under the provisions of Subchapters E or J of this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.161 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) The holder of an AMP shall file with the
				  department within 30 days following the end of each calendar quarter or on
				  termination of the AMP, whichever occurs first, a daily flight log and report,
				  on a form prescribed by the department, showing:
(1) name, signature (or electronic
				  affirmation of consent), and AMP number of the AMP holder;
(2) number and description of the wildlife or
				  exotic animals managed under the AMP ;
(3) the LOA control number issued by the
				  department;
(4) the dates of
				  authorized flights taken;
(5) the
				  time of day an authorized flight is completed;
(6) type of management by use of aircraft
				  performed;
(7) the name of
				  pilot(s); and
(8) the name,
				  address, and hunting license or government-issued identification number of the
				  gunner(s).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter F - PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES › Section 65.162 - Penalty

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violations of these rules are prescribed
					 by the Parks and Wildlife Code, §
										43.111.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.171 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of this subchapter apply to any species of wildlife listed in this state as
				  threatened or endangered, living or dead, including parts.
(b) Except as otherwise provided in this
				  subchapter or Parks and Wildlife Code, Chapters 67 or 68, no person may:
(1) take, possess, propagate, transport,
				  export, sell or offer for sale, or ship any species of fish or wildlife listed
				  by the department as endangered; or
(2) take, possess, propagate, transport,
				  import, export, sell, or offer for sale any species of fish or wildlife listed
				  in this subchapter as threatened.
(3) sell or propagate for sale any species of
				  fish or wildlife listed by the department as endangered, unless that person
				  also possesses an endangered species propagation permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.172 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person may transport threatened or
				  endangered species to the nearest Department of Health or medical facility if
				  the species poses an immediate threat to human safety or welfare.
(b) An enrolled member of a Indian tribe
				  recognized by the Bureau of Indian Affairs may possess parts of birds listed as
				  threatened or endangered, provided the person also possesses a federal permit
				  authorizing such possession.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.173 - Special Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  release a threatened or endangered species except as specifically provided by
				  the department in a letter of authorization issued prior to release.
(b) The department may issue a letter of
				  authorization allowing the temporary possession of threatened and endangered
				  species for relocation purposes.
(1) Letters
				  of authorization shall be issued only to competent persons experienced in the
				  biological sciences who are:
(A) employed by
				  a governmental entity; or
(B)
				  engaged in paid environmental consultancy regarding the activities for which
				  the letter of authorization is sought.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.174 - Permanent Identification

Current through Reg. 49, No. 28; July 12, 2024
Every live mammal or turtle possessed under the provisions
					 of this subchapter or the provisions of Parks and Wildlife Code, Chapter 68,
					 shall be marked with a unique four-digit alphanumeric identifier by means of a
					 permanent tag, tattoo, band, or passive inductive transponder (PIT)
					 tag.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.175 - Threatened Species

Current through Reg. 49, No. 28; July 12, 2024
A threatened species is any species that the department has
					 determined is likely to become endangered in the future. The following species
					 are hereby designated as threatened species:
Attached Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.176 - Endangered Species

Current through Reg. 49, No. 28; July 12, 2024
A species that is indigenous to the state of Texas and
					 listed by the federal government as endangered automatically receives state
					 protection as an endangered species under Parks and Wildlife Code, Chapter 68,
					 and the presence or absence of that species in this section does not affect
					 that status. The following species are endangered species:
Attached Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter G - THREATENED AND ENDANGERED NONGAME SPECIES › Section 65.177 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
Penalties for violations of this subchapter
					 involving:
(1) the species listed in
				  §
										65.175 of this
				  title (relating to Threatened Species) are prescribed by Parks and Wildlife
				  Code, Chapter 67; and
(2) species
				  listed in §
										65.176 of this
				  title (relating to Endangered Species) are prescribed by Parks and Wildlife
				  Code, Chapter 68.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter H - PUBLIC HUNTING PROCLAMATION › Section 65.192 - Powers of the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director is authorized by the Parks and Wildlife Commission to
				  execute lease and management agreements for public hunting lands.
(b) The executive director may designate
				  lands acquired under short-term lease agreement or lands acquired following the
				  adoption of this subchapter for application of regulations governing hunting,
				  fishing, and other public use.
(c)
				  The executive director may designate hunt areas, legal species, hunt dates,
				  shooting hours, bag limits, means and methods, and permit requirements within
				  the framework established by the commission to promote the proper management
				  and public use of wildlife resources on public hunting lands.
(d) The executive director may designate
				  specific hunts for participation only by persons who meet established criteria
				  with respect to age or disability.
(e) The executive director may designate
				  limited-use zones on public hunting lands, within which public use is
				  prohibited, restricted, or limited to certain periods of time.
(f) The executive director may close public
				  hunting lands to public use to protect sensitive sites, and may cancel hunts or
				  close the seasons on certain areas to avoid depletion of wildlife resources or
				  in response to severe weather or other emergencies.
(g) It is a violation to conduct business
				  concessions on public hunting lands unless specifically authorized in writing
				  by the executive director. Business concessions include but are not limited to
				  activities such as selling, buying, leasing, or peddling goods, merchandise or
				  services to the public.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter H - PUBLIC HUNTING PROCLAMATION › Section 65.193 - Access Permit Required and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  It is an offense for a person without a valid access permit to enter public
				  hunting lands, except:
(1) on areas or for
				  activities where no permit is required;
(2) persons who are authorized by, and acting
				  in an official capacity for the department or the landowners of public hunting
				  lands;
(3) persons participating in
				  educational programs, management demonstrations, or other scheduled activities
				  sponsored or sanctioned by the department with written approval;
(4) persons owning or leasing land within the
				  boundaries of public hunting lands, while traveling directly to or from their
				  property;
(5) for a non-hunting or
				  non-fishing adult who is assisting a permitted disabled person; or
(6) for youth under the supervision of an
				  authorized supervising adult possessing an APH permit or a LPU
				  permit.