reglab/statecodes huggingface dataset:
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 65.194 - Competitive Hunting Dog Event (Field Trials) and Fees

Current through Reg. 49, No. 28; July 12, 2024
The department may authorize field trials on public hunting
					 lands. All activities conducted pursuant to this section shall be subject to
					 the provisions of this subchapter, except as specifically provided in this
					 section.
(1) No person shall conduct or
				  participate in a field trial on public hunting lands unless the event has been
				  sanctioned by the department through the issuance of a Field Trial Permit in
				  accordance with this section.
(2)
				  An application for a Field Trial Permit shall be submitted at least 90 days in
				  advance of the proposed event to the Wildlife Division regional director in
				  whose region the proposed event would take place. The application shall
				  include, at a minimum:
(A) the name, address,
				  and telephone number of the sponsoring person(s) or organization(s), and the
				  Social Security number of the person to whom the permit will be issued, if
				  approved;
(B) the unit(s),
				  compartment(s), and approximate acreage of public hunting lands that the
				  proposed event would involve;
(C)
				  the date(s) of the proposed event, including preparatory activity and cleanup
				  operations;
(D) the exact nature of
				  the event, including any construction, facilities emplacement, or other site
				  alterations;
(E) the number of
				  participating dogs, dog handlers, and officials, respectively, and the
				  estimated number of spectators;
(F)
				  the fee for the field trial permit as assessed according to the number of
				  participating dog handlers and officials as specified by Chapter 53, Subchapter
				  A of this title, (relating to Fees).
(G) proof of liability insurance for the
				  event in the amount of at least $250,000, which shall include coverage of
				  personal injury and property damage; and
(H) a performance bond in the amount of
				  $5,000 to assure restoration of the involved public hunting lands to pre-field
				  trial conditions.
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 65.195 - Permit Revocation

Current through Reg. 49, No. 28; July 12, 2024
Any person violating this subchapter is subject to having
					 their permit revoked under the authority of Parks and Wildlife Code, Chapter
					 12, Subchapter F.
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 65.196 - Refund of Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
There is a standard no-refund policy concerning permit
					 fees; however, the department will consider, on a case-by-case basis, requests
					 for refund of permit fees based on extenuating circumstances.
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 65.197 - Reinstatement of Loyalty Points

Current through Reg. 49, No. 28; July 12, 2024
Accrued loyalty points will be reinstated in the concerned
					 hunt category for a selected applicant only if:
(1) payment of hunt permit fees has been
				  made, but the scheduled hunt is unable to be conducted in its entirety or is
				  canceled at the discretion of the department; or
(2) payment of hunt permit fees has been
				  made, but participation in the scheduled hunt is not possible due to deployment
				  as a result of service in the armed forces of the United States.
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 65.198 - Entry, Registration, and Checkout

Current through Reg. 49, No. 28; July 12, 2024
(a) It is an offense if a person:
(1) who does not possess a valid permit
				  enters public hunting lands at a time when access is restricted only to persons
				  possessing a valid permit;
(2)
				  enters an area identified by boundary signs as a limited use zone, sanctuary,
				  or restricted area and fails to obey the restrictions on public use posted at
				  the area or as set forth in this subchapter; or
(3) on areas where on-site registration is
				  required, fails to check in at a registration station and properly complete
				  registration procedures before initiation of hunting, fishing, or recreational
				  use activities or fails to properly check out at the registration station
				  before departing the area.
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 65.200 - Construction of Blinds

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  construction of permanent blinds is prohibited.
(b) The use of temporary blinds is permitted
				  only if such structures are not:
(1) nailed to
				  trees;
(2) emplaced longer than 72
				  hours; or
(3) otherwise prohibited
				  for the specific activity, area, or time period.
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 65.201 - Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) It is an
				  offense to not confine motor vehicle use to designated roads, except parking is
				  permitted on the shoulder of or immediately adjacent to designated roads, and
				  as provided for a disabled person or for a person directly assisting a disabled
				  person.
(b) It is unlawful for any
				  person to:
(1) hunt any wildlife resource from
				  a motor vehicle or motor-driven land conveyance except as provided for a
				  disabled person; or
(2) possess a
				  loaded firearm, arrow gun, or air gun in or on a motor vehicle or motor-driven
				  land conveyance, except that a person may possess a handgun in accordance with
				  applicable law, including, but not limited to, the provisions of Penal Code,
				  Chapter 46, and Government Code, Chapter 411, Subchapter H.
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 65.202 - Youth Hunting on Public Hunting Lands

Current through Reg. 49, No. 28; July 12, 2024
(a) Youth participating in public hunts by
				  special permit must be eight years of age or older at the time of
				  application.
(b) It is an offense
				  for a person younger than 12 years of age to fail to be under the immediate
				  supervision of a duly permitted and authorized supervising adult when hunting
				  on public hunting lands. For a person 12 years of age or older who has received
				  hunter education certification, the requirement for immediate supervision is
				  relaxed to the extent that the authorized supervising adult is required only to
				  be present on the public hunting area. The authorized supervising adult is
				  responsible for the actions and liability of the youth.
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 65.203 - Hunter Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) It is an
				  offense if a person is within a hunt area during daylight hours at a time when
				  hunting with firearms, arrow guns, or air guns is permitted and fails to
				  visibly wear:
(1) a minimum of 400 square
				  inches of daylight fluorescent orange material, of which 144 square inches must
				  appear on both the chest and back; and
(2) orange headwear.
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 65.204 - Recreational Use of Wildlife Management Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) Hunting is allowed on wildlife management
				  areas and public hunting lands only as provided in this subchapter.
(b) The following recreational uses may be
				  allowed on a wildlife management area if authorized by the executive director:
(1) camping;
(2) equestrian activities, including
				  horseback riding;
(3)
				  hiking;
(4) bicycling;
(5) water recreation, which may include, but
				  is not limited to boating, canoeing, kayaking and swimming;
(6) nature viewing (wildlife watching,
				  wildflower viewing, etc.);
(7)
				  fishing;
(8) educational and
				  demonstration programs; and
(9)
				  other recreational uses consistent and compatible with the purposes for which
				  the wildlife management area was purchased, leased or otherwise
				  acquired.
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 65.208 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violation of this subchapter are
					 prescribed by Parks and Wildlife Code, §
										81.007. With respect to
					 violations in designated state parks, the penalties are prescribed by Parks and
					 Wildlife Code, §
										62.069.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.220 - 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) Appropriate
				  recipient--A person or public or private organization that utilizes the donated
				  wildlife for the public good and not for pecuniary gain.
(2) Evidence of commercial
				  interest--Documentation required by the department to demonstrate that the
				  applicant has a commercial interest in agriculture, horticulture, or
				  aquaculture.
(A) The department shall require
				  the attestation of the applicant on the application that agricultural,
				  horticultural, or aquacultural crops or products raised or grown on a property
				  for which a depredation permit is sought are:
(i) sold or exchanged for cash or anything of
				  value; or
(ii) used to feed
				  livestock, exotic livestock, or aquacultural stock that are sold or exchanged
				  for cash or anything of value; or
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.221 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Activities
				  authorized under a depredation permit shall be conducted only by persons named
				  on the permit.
(b) A depredation
				  permit authorizes the killing of protected wildlife identified on the permit at
				  any time during the period of validity of the permit, irrespective of open
				  seasons and lawful shooting hours.
(c) A depredation permit may be issued at any
				  time upon a finding by the department that protected wildlife presents a threat
				  to public safety.
(d) Lawful
				  hunting activities may take place on a property for which a depredation permit
				  has been issued.
(e) The department
				  will not issue a permit under this subchapter to control fur-bearing animals.
				  Nuisance fur-bearing animals are addressed by Subchapter Q of this chapter
				  (relating to Statewide Fur-bearing Animal Proclamation).
(f) Nothing in this subchapter shall be
				  construed to relieve any person of any other applicable requirements of
				  federal, state, or local law, including laws prescribing hunting license and
				  hunter education requirements.
(g)
				  Notwithstanding other provisions of this subchapter, the department will not
				  issue a permit under this subchapter for the killing of mule deer, pronghorn
				  antelope, or desert bighorn sheep, except as provided in Parks and Wildlife
				  Code, §
										43.152(b)
				  and §
										43.154(a-1).
(h) The department may at any time require an
				  applicant for a depredation permit or a person to whom a depredation permit has
				  been issued to furnish evidence clearly showing serious damage as defined in
				  §
										65.220(4)(B) and
				  (C) of this title (relating to
				  Definitions).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.222 - Application and Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  for a depredation permit shall complete and submit to the department an
				  application on a form supplied by the department, accompanied by the fee
				  stipulated in §
										65.231 of this
				  title (relating to Fees). The applicant shall furnish the information required
				  by Parks and Wildlife Code, §
										43.153,
				  including but not limited to:
(1) the name,
				  Texas driver's license or personal identification number, Social Security
				  number, and physical address of the permanent residence of each person for whom
				  authorization is sought to conduct activities authorized under the depredation
				  permit;
(2) evidence of commercial
				  interest as defined in this subchapter; and
(3) evidence clearly showing serious damage,
				  as defined in this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.223 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may inspect any property
				  to determine if permit issuance is warranted and may refuse to issue a
				  depredation permit on the basis of an inspection.
(b) The department may inspect any property
				  to determine compliance with the provisions of a depredation permit and may
				  cancel a depredation permit if an inspection reveals that a permittee is not
				  complying or has not complied with this subchapter or the provisions of a
				  depredation permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.224 - Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
(a) A depredation
				  permit is not valid unless the crop or product for which the permit is issued
				  has been planted and is growing on the property for which the permit is
				  issued.
(b) A depredation permit is
				  not valid after the crop for which the permit is issued has been harvested on
				  the property for which the permit is issued.
(c) The period of validity of a depredation
				  permit, when applicable or necessary, may be determined by the planting dates
				  and growing seasons for individual crops or products.
(d) The department shall specify the period
				  of validity for a depredation permit issued because of a threat to public
				  safety.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.225 - Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, a permittee under this subchapter shall notify the department by
				  calling the notification number provided on the permit not more than 24 hours
				  nor less than four hours prior to any authorized activity.
(b) In the event that a permittee is
				  presented with an unexpected opportunity to engage in permitted activities and
				  is thus precluded from complying with the requirements of subsection (a) of
				  this section, the permittee may engage in permitted activities, but only after
				  notifying the department by calling the notification number provided on the
				  permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.226 - Means and Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) Centerfire
				  firearms are the only lawful means for killing deer, antelope, javelina, or
				  desert bighorn sheep under a depredation permit; however the department may
				  authorize the use of shotguns loaded with slugs when issues of safety or
				  property make the use of rifles inappropriate.
(b) Centerfire firearms, rimfire firearms,
				  and shotguns are the only lawful means for killing non-migratory game birds and
				  squirrels under a depredation permit.
(c) Depredating nongame wildlife and
				  alligators may be taken by any lawful means under a depredation
				  permit.
(d) The department may
				  authorize the live capture and humane dispatch of wildlife other than deer,
				  antelope, javelina, bighorn sheep, and non-migratory game birds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.227 - Documentation, Reporting, and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) All wildlife killed under a depredation
				  permit shall be documented and/or tagged as set forth in the permit
				  provisions.
(b) A person conducting
				  activities under a depredation permit shall maintain an accurate daily log of
				  all activities conducted under a depredation permit. The daily log shall be
				  made available at the request of any department employee acting within the
				  scope of official duties, and shall indicate, at a minimum:
(1) the number of wildlife killed by each
				  person named on the permit;
(2) the
				  sex of the wildlife killed by each person named on the permit;
(3) if the animal is a deer, whether the deer
				  was antlered or antlerless, and if the deer was antlered, the number of antler
				  points on each main beam;
(4) the
				  date that each animal or bird was killed; and
(5) the disposition of the wildlife, to
				  include:
(A) if the wildlife is donated to a
				  person, the name, phone number, and permanent residence address of the person;
				  or
(B) if the wildlife is donated
				  to an organization, the name, phone number, and physical address of the
				  organization.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.228 - Permit Cancellation

Current through Reg. 49, No. 28; July 12, 2024
The department may cancel a depredation permit at any time
					 upon determining that the permittee:
(1) has failed to conduct the activities
				  authorized by a depredation permit;
(2) has failed to maintain the daily log
				  required by §
										65.227(b)
				  of this title (relating to Documentation, Reporting, and
				  Recordkeeping);
(3) has failed to
				  timely submit any required report;
(4) has misrepresented any information
				  required on the application for a depredation permit;
(5) has misrepresented any information on a
				  report or record required by this subchapter; or
(6) has violated a provision of Parks and
				  Wildlife Code, Chapter 43, Subchapter H, or a depredation permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.229 - Permit Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
A permit that has been cancelled may be reinstated by the
					 department upon a determination that extenuating circumstances warrant
					 reinstatement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.230 - Permit Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may refuse to issue a depredation permit to any person who within five years of
				  applying for a depredation permit has been finally convicted of:
(1) a violation of Parks and Wildlife Code,
				  Chapter 43, Subchapter H;
(2) a
				  violation of the conditions of a depredation permit; or
(3) a violation of Parks and Wildlife Code
				  that is a Class B misdemeanor, a Class A misdemeanor, or a felony.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.231 - Fees

Current through Reg. 49, No. 28; July 12, 2024
The application fee for a depredation permit shall be $250.
					 The fee prescribed by this section is nonrefundable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.232 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
It is an offense for any person:
(1) not named on a depredation permit to kill
				  protected wildlife under the depredation permit;
(2) to whom a depredation permit is issued to
				  allow any person not named on the depredation permit to engage in permitted
				  activities;
(3) to kill game
				  animals or game birds outside of lawful shooting hours or during a closed
				  season on a property for which a depredation permit has been
				  cancelled;
(4) to offer or accept
				  money or anything of value in exchange for participation in activities under a
				  depredation permit, including any fee paid in exchange for killing wildlife,
				  meat, or antlers, except for salaries or wages paid to persons employed by a
				  person to whom a depredation permit is issued; or
(5) to fail to immediately destroy the
				  antlers or horns of a buck deer, antelope, or bighorn sheep killed by the
				  person under a depredation permit. Antlers and horns destroyed under this
				  paragraph shall be discarded as waste.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter I - DEPREDATION PERMITS › Section 65.233 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for a violation of this subchapter or the
					 provisions of a depredation permit are prescribed by Parks and Wildlife Code,
					 Chapter 43, Subchapter H.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter J - BOBCAT PROCLAMATION › Section 65.251 - 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. All other words and terms shall have the meanings assigned
					 in Subchapter A of this chapter (relating to Statewide Hunting and Fishing
					 Proclamation).
(1) Dealer--A person
				  who tags bobcat pelts.
(2)
				  Pelt--The hide or skin of a bobcat, tanned or untanned, whether or not it is
				  still attached to the carcass, but does not include products manufactured from
				  bobcat skins or hides.
(3) Tag--A
				  permanent, numbered marker issued by the department for marking and identifying
				  bobcat pelts.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter J - BOBCAT PROCLAMATION › Section 65.252 - Bobcat Season

Current through Reg. 49, No. 28; July 12, 2024
The general open season for the taking of bobcats is
					 September 1 of one year through August 31 of the following year. There is no
					 bag or possession limit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter J - BOBCAT PROCLAMATION › Section 65.253 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The pelt of a
				  bobcat taken in Texas shall not be transported beyond the borders of this state
				  unless it has been permanently tagged in accordance with the provisions of this
				  subchapter.
(b) A person shall not
				  transport a bobcat pelt into this state unless the person possesses a valid
				  hunting license, stamp, tag, permit, or document, issued by the state or
				  country in which the bobcat was taken, as proof that the bobcat was legally
				  taken.
(c) A licensed hunter may
				  sell bobcat pelts to a dealer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter J - BOBCAT PROCLAMATION › Section 65.254 - Bobcat Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in §
										65.253(c)
				  of this title (relating to General Provisions), no person may buy, sell, or
				  trade the pelt of a bobcat taken in this state unless the pelt has been
				  permanently tagged in accordance with this subchapter.
(b) Any person possessing a bobcat pelt for
				  purposes other than buying, selling, or trading may obtain a bobcat pelt tag by
				  presenting the pelt to any dealer or TPWD Law Enforcement Division Office and
				  completing and signing an Annual Bobcat Pelt Tag Report (PWD 406)
(c) Any person other than a dealer who
				  intends to transport or sell outside Texas the pelt of a bobcat taken in this
				  state shall complete, sign, and submit an Out-of-State Shipping or Selling
				  Report (PWD 404) within 20 days of the time the pelt is shipped.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter J - BOBCAT PROCLAMATION › Section 65.255 - Bobcat Dealer Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit
				  Required. Any person may obtain a bobcat dealer permit. A person who buys or
				  trades for untagged bobcat pelts must hold a dealer permit (PWD 410). A dealer
				  permit may be obtained by completing and signing a Bobcat Pelt Dealer Permit
				  and Tag Voucher (PWD 410). Upon any issuance of pelt tags, a dealer shall
				  acknowledge receipt of the tags by signing the tag issuance voucher section of
				  PWD 410.
(b) Reporting
				  Requirements.
(1) The reporting period for
				  dealers begins May 1 and ends April 30 of the following year. By no later than
				  the 30th day following the end of a reporting period, a dealer shall submit a
				  completed and signed PWD 406 to department headquarters in Austin. The report
				  required by this paragraph shall account for each pelt tag used by the dealer
				  during the reporting period.
(2)
				  All pelt tags in a dealer's possession at the end of the reporting period, and
				  a signed list of unused tag numbers, must be returned to the department with
				  the annual report.
(3) A dealer
				  shall immediately notify the department in writing upon discovery that a pelt
				  tag has been lost, stolen, destroyed or mutilated.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter J - BOBCAT PROCLAMATION › Section 65.256 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violations of this subchapter shall be as
					 prescribed in Parks and Wildlife Code, Chapter 67.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.261 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to all species of
				  raptors indigenous to the state of Texas.
(b) To the extent that a provision of this
				  subchapter conflicts with any provision of 50 CFR Part 21 governing the
				  possession and use of raptors, the federal regulation shall prevail.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.262 - 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. All other words and terms shall have the meanings assigned
					 by Parks and Wildlife Code.
(1)
				  Abatement permit--A special purpose permit issued by the FWS that allows the
				  use of raptors to control nuisance wildlife.
(2) Captive bred--Raptors, including eggs
				  hatched in captivity, from parents that mated or otherwise reproduced in
				  captivity.
(3) Educational
				  display--Activities conducted for the purposes of encouraging understanding of
				  falconry, the management and conservation of raptors, or furthering awareness
				  and understanding among the general public of the biology and ecological roles
				  of protected wildlife.
(4) Eyass--A
				  young raptor that is still in the nest.
(5) Falconer--A person legally allowed to
				  take and fly raptors under a permit issued under the authority of Parks and
				  Wildlife Code, Chapter 49, the laws of another state, or by the federal
				  government.
(A) An apprentice falconer is a
				  person who holds an apprentice falconry permit.
(B) A general falconer is a person who holds
				  a general falconry permit.
(C) A
				  master falconer is a person who holds a master falconry permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.263 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall
				  take or possess a raptor in this state unless that person possesses valid state
				  and federal permits (if required) to do so, including a Texas resident or
				  nonresident hunting license, as applicable.
(b) A person who is not a resident of this
				  state may not hold any permit issued under this subchapter other than a
				  nonresident trapping permit.
(c) A
				  person permitted to possess a live raptor under this subchapter shall:
(1) provide all permits, licenses, and
				  documentation required to be maintained by this subchapter and the Parks and
				  Wildlife Code upon the request of a department employee acting within the scope
				  of official duties; and
(2) have in
				  immediate possession all required permits, licenses, and documentation when in
				  possession of a raptor away from the permitted facility where the raptor is
				  kept.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.264 - Permit Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All permit
				  applications shall be made using forms supplied by the department. An
				  application shall contain a signed and dated statement showing that the
				  applicant agrees that the permittee's falconry facilities, equipment, and
				  raptors may be inspected without advance notice by the department. If the
				  applicant is not the owner of the property where raptors are housed under this
				  subchapter, the application shall contain a signed and dated statement showing
				  that the owner of the property agrees that the falconry facilities, equipment,
				  and raptors may be inspected without advance notice by the
				  department.
(b) Educational or
				  school programs may not be used to satisfy the experience requirements of
				  paragraphs (1) - (4) of this subsection.
(1)
				  An applicant for an apprentice falconry permit must be at least 12 years of
				  age.
(A) If the applicant is under the age of
				  18, a parent or legal guardian must sign the application. By signing an
				  application, a parent or legal guardian agrees to be legally responsible for
				  the actions of the applicant with respect to the requirements of this
				  subchapter. Nothing in this subparagraph shall be construed to relieve any
				  person under the age of 18 of any legal responsibility for failure to abide by
				  the provisions of this subchapter.
(B) An application for an apprentice permit
				  must be accompanied by:
(i) a letter from a
				  general falconer with at least two years' experience at that level, or a master
				  falconer, stating that the person agrees to be the applicant's sponsor;
				  and
(ii) an original, signed
				  certification that the applicant is familiar with the federal falconry
				  regulations in Title 50 of the Code of Federal Regulations and is aware that
				  submission of false information is an offense under
				  18 U.S.C.
				  1001.
(C) The department will not issue a permit at
				  the apprentice level until the applicant's facilities have passed an inspection
				  conducted by a department representative or designee. All inspections shall be
				  in the presence of the permittee or the property owner (if the facility is
				  located on property that is not owned by the permittee).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.265 - Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
Permits will be issued with a period of validity not to
					 exceed five years from date of issuance and shall expire on June 30 of the
					 final year of permit validity.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.266 - Review of Agency Decision to Deny or Revoke Permit

Current through Reg. 49, No. 28; July 12, 2024
An applicant or permittee for a permit under this
					 subchapter may request a review of a decision of the department to deny
					 issuance or delay processing of a permit.
(1) An applicant or permittee seeking review
				  of a decision of the department with respect to denial of permit issuance under
				  this subchapter shall first contact the department within ten business days of
				  being notified by the department of permit denial.
(2) The department shall conduct the review
				  and notify the applicant or permittee of the results within ten business days
				  of receiving a request for review.
(3) The request for review shall be presented
				  to a review panel. The review panel shall consist of the following:
(A) the deputy executive director for natural
				  resources, or his or her designee;
(B) the director of the Wildlife Division;
				  and
(C) the director of the
				  Wildlife Diversity program within the Wildlife Division.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.267 - Permit Privileges and Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Apprentice falconers.
(1) An apprentice falconer may possess any
				  member of the Order Strigiformes or Falconiformes except as provided in
				  paragraph (3) of this subsection.
(2) An apprentice falconer may obtain a
				  raptor by trapping, by purchase, or by transfer from another
				  permittee.
(3) An apprentice
				  falconer may not:
(A) possess more than one
				  raptor at any given time;
(B) hack
				  a raptor possessed under a permit;
(C) possess any of the following:
(i) American swallow-tailed kite (Elanoides
				  forficatus);
(ii) bald eagle
				  (Haliaeetus leucocephalus);
(iii)
				  white-tailed eagle (Haliaeetus albicilla);
(iv) Steller's sea-eagle (Haliaeetus
				  pelagicus);
(v) northern harrier
				  (Circus cyaneus);
(vi) Swainson's
				  hawk (Buteo swainsoni);
(vii)
				  golden eagle (Aquila chrysaetos);
(viii) peregrine falcon (Falco
				  peregrinus);
(ix) flammulated owl
				  (Otus flammeolus);
(x) burrowing
				  owl (Athene cunicularia); or
(xi)
				  short-eared owl (Asio flammeus); or
(D) take or possess:
(i) an eyass;
(ii) an imprinted raptor; or
(iii) a raptor taken from the wild as a
				  nestling.
(4)
				  An apprentice falconer must secure a new sponsor within 30 calendar days in the
				  event of sponsorship termination.
(5) An apprentice falconer may conduct
				  abatement activities only as a subpermittee of a master falconer who holds an
				  abatement permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.268 - Equipment and Facility Standards; Related Provisions

Current through Reg. 49, No. 28; July 12, 2024
All facilities and equipment are subject to inspection by
					 the department; however, no inspection shall be conducted unless the permittee
					 or the property owner (if the facility is located on property that is not owned
					 by the permittee) is personally present.
(1) Equipment. A permittee shall possess:
(A) jesses or the materials and equipment to
				  make them;
(B) leash and
				  swivel;
(C) bath container;
				  and
(D) appropriate scales or
				  balances for weighing a raptor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.269 - Marking, Banding, and Telemetry

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Markers and bands.
(1) No person may possess
				  an unmarked goshawk, Harris's hawk, peregrine falcon, or gyrfalcon under a
				  permit issued pursuant to this subchapter unless the person has notified the
				  department within ten days of acquisition. Upon notification, the department
				  shall issue a Type 1 leg band, which must be attached to the raptor immediately
				  upon receipt.
(2) A person who
				  takes a goshawk, Harris's hawk, peregrine falcon, or gyrfalcon from the wild or
				  acquires one from a rehabilitator must band the raptor with a Type 1 leg band.
				  Within ten days from the date of take, the person shall report the take of the
				  bird by entering the required information (including the band number) in the
				  electronic database maintained by the FWS for that purpose. Upon request, the
				  department will supply a band in advance of capture.
(3) A person who possesses a raptor bred in
				  captivity must band the bird with a Type 2 leg band. If the band required by
				  this subsection is removed or lost, it must be reported within ten days of
				  removal or loss by contacting the department. The department shall issue a
				  replacement band upon notification. The person shall band the bird with the
				  replacement band immediately upon receipt of the band and immediately upon
				  rebanding shall submit all required information electronically to the database
				  maintained by the FWS for that purpose.
(4) If a band is removed or lost from a
				  raptor that is not captive-bred, the person in whose name the raptor is
				  possessed must report the removal or loss within five days and request a
				  replacement band from the department. The person shall band the bird with the
				  replacement band immediately upon receipt and shall submit the required
				  information electronically immediately upon rebanding to the database
				  maintained by the FWS for that purpose.
(5) The department may exempt a permittee
				  from the banding requirements of this section for a raptor upon submission of
				  documentation proving that banding has caused health or injury problems for the
				  raptor. In such cases, the department will provide the exemption in writing,
				  and the permittee must:
(A) maintain the
				  exemption notice at the permitted facility where the raptor is kept;
				  and
(B) possess the exemption
				  notice on their person when in possession of the raptor away from the permitted
				  facility where the raptor is kept.
(6) A wild-caught raptor may not be banded
				  with a Type 2 band.
(7) It is
				  unlawful for any person to alter, counterfeit, or deface a marker, except that
				  a permit holder may remove the rear tab on markers and smooth an imperfect
				  surface, provided the integrity of the marker and numbering are not
				  affected.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.270 - Notification, Reporting, and Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A general or master falconer acting as a
				  sponsor for an apprentice falconer shall notify the department in writing
				  within ten days of terminating a sponsor-apprentice relationship.
(b) A permittee shall maintain a copy of all
				  notifications required under this section for a period of five years.
				  Notification under this subsection shall be made via the electronic database
				  maintained by the FWS for that purpose. Except as specifically provided by
				  paragraph (6) of this subsection, notification shall be within ten days of any
				  event condition listed in this subsection. A permittee is required to provide
				  notification:
(1) upon acquisition of a
				  raptor;
(2) upon take of a raptor
				  from the wild;
(3) when a raptor is
				  transferred by the permittee to another permittee;
(4) when a raptor is rebanded;
(5) when a raptor in the permittee's
				  possession is stolen (a permittee must report a suspected stolen raptor to the
				  appropriate local police jurisdiction);
(6) at any time that a raptor in the
				  possession of the permittee:
(A) has been
				  lost in the wild; and
(B) 30
				  consecutive days have elapsed and the raptor has not been recovered by the
				  permittee; and
(7) when
				  a raptor in the possession of a permittee dies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.271 - Trapping

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may take more than two raptors
				  from the wild between July 1 of one year and June 30 of the immediately
				  following year.
(b) No person may
				  remove an egg from a raptor nest in the wild.
(c) Only a general or master falconer may
				  take an eyass. No person shall take more than two eyasses within a calendar
				  year. No person may remove an eyass from a nest if it is the only eyass in the
				  nest.
(d) If a young raptor that is
				  incapable of independent flight is displaced from the nest or nest area as a
				  result of trapping activities, the falconer responsible for the displacement
				  shall place the raptor back in the nest or in an area near the nest where the
				  raptor is not vulnerable to terrestrial predators.
(e) A permittee may obtain a raptor from the
				  wild with the assistance of another person.
(1) If the permittee captures a raptor from
				  the wild or is present when a raptor is captured from the wild on behalf of the
				  permittee, the permittee shall file the report required by §
											65.270
				  of this title (relating to Notification, Reporting, and Recordkeeping
				  Requirements).
(2) If the permittee
				  is not present when a raptor is captured from the wild on behalf of the
				  permittee:
(A) the person who captures the
				  raptor from the wild must:
(i) be a general or
				  master falconer; and
(ii) must file
				  the report required by §
													65.270
				  of this title and then transfer the bird to the permittee as provided by §
													65.272
				  of this title (relating to Transfer, Sale, and Donation); and
(B) the provisions of subsection
				  (a) of this section apply to the person who trapped the raptor, but not to the
				  person on whose behalf the raptor was trapped.
(3) A general or master falconer may capture
				  a raptor from the wild on behalf of a permittee, provided the person who
				  captures the raptor possesses a physician's statement. The person on whose
				  behalf the bird was trapped is required to file the report required by §
											65.270
				  of this title and the requirements of subsection (a) of this section apply to
				  that person.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.272 - Transfer, Sale, and Donation

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  person shall purchase, sell, trade for anything of value, barter or offer to
				  purchase, sell, trade for anything of value, or barter a wild raptor.
(b) Except as provided for in §
										65.271(e)(3)
				  of this title (relating to Trapping), a raptor trapped from the wild shall
				  count against the annual trapping limit of the person who trapped the bird,
				  even if the raptor is transferred to another permittee.
(c) A lawfully caught wild raptor may be
				  transferred to a qualified out-of-state resident in the same year that it was
				  trapped; however, no person may make more than one such transfer per permit
				  year.
(d) A falconer may buy
				  raptors from any legal source and may buy, sell, purchase, barter, and offer to
				  buy sell, purchase, or barter captive-bred raptors to another falconer in this
				  state and to persons outside the state who are authorized under federal and
				  state law to purchase raptors. A captive-bred raptor that is bought, sold, or
				  bartered must be banded with a Type 2 band.
(e) A falconer may transfer a raptor to
				  another falconer, provided the possession limits established by this subchapter
				  are not exceeded.
(f) A falconer
				  may transfer a wild-caught raptor to:
(1) the
				  holder of a raptor propagation permit, provided:
(A) the raptor is a sharp-shinned hawk,
				  Cooper's hawk, merlin, or American kestrel and has been used in falconry for a
				  minimum of one year; or
(B) the
				  raptor is any species of raptor other than the species listed in subparagraph
				  (A) of this paragraph and has been used in falconry for a minimum of two
				  years;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter K - RAPTOR PROCLAMATION › Section 65.273 - Release to the Wild

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  release a raptor to the wild if:
(1) the
				  raptor is a hybrid; or
(2) the
				  raptor is a species or subspecies that is not indigenous to Texas.