Presenter: Jerry Cooke

Commission Agenda Item No. 5
Action
Deer Management Permit
June 1998

I. Discussion: The passage of House Bill 2542 by the Seventy-fifth Legislature delegated to the Commission the authority to create a permit for the management of wild white-tailed deer on acreage enclosed by a fence capable of both retaining deer and preventing entry of deer. Under the provisions of HB 2542, a deer management permit cannot be issued unless and until the applicant has a Department-approved deer management plan. The Commission is granted broad authority to prescribe the particulars of a deer management plan, as well as other permit requirements and conditions.

Staff presented the proposed deer management permit regulations to the Regulations Committee at its April 15, 1998 meeting and received authorization to publish the proposed regulations in the Texas Register for public comment. The proposal appeared in the May 1, 1998, issue of the Texas Register (23 TexReg 4216). A summary of public comment on the proposal will be presented at the time of the hearing.

II. Recommendation: The staff recommends the Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts new 31 TAC §§65.131-65.138, concerning Deer Management Permits, and new 31 TAC §53.80, concerning Fees, with changes to proposed text as published in the May 1, 1998, issue of the Texas Register (23 TexReg 4216)."

Attachments - 3

1. Exhibit A - Proposed Deer Management Permit Regulations
2. Exhibit B - Proposed Deer Management Permit Fees
3. Exhibit C - (Available upon request.)


Commission Agenda Item No. 5
Exhibit A

Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes new §§65.131-65.138, concerning deer management permits. The new sections are necessary to implement the provisions of House Bill 2542, enacted by the 75th Legislature, which authorized the commission to create and administer a permit for the management of white-tailed deer. The new sections will function to establish a deer management permit; provide for application requirements and fees; establish general provisions; specify facility standards for pens in which deer are detained, the period of time deer may be detained, the requirements for marking detained deer, and the manner in which detained deer are released; provide for the disposition of incidental mortalities; and impose penalties for violations of the new sections.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed new sections are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the proposed new sections.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the proposed new sections are in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be the enhanced management, stewardship, and conservation of white-tailed deer in this state.

(B) There will be no effect on small businesses. There are no economic costs to persons required to comply with the rules as proposed, because the permit is not mandatory. Persons applying for the permit, however, must pay a $1,000 fee for the initial permit and a $500 fee for permit renewal.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Jerry Cooke, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4774 or 1-800-792-1112.

5. Statutory Authority.

The amendment and new section are proposed under Parks and Wildlife Code, Chapter 43, Subchapter R, as enacted by the passage of House Bill 2542, 75th Texas Legislature, Regular Session, 1997, which provides the commission with authority to establish a permit for the management of wild white-tailed deer; the number, type, and length of time that deer may be detained in an enclosure; and the fee for a deer management permit.

The new sections affect Parks and Wildlife Code, Chapter 43, Subchapter R.

§65.131. Deer Management Permit (DMP).

(a) The department may issue a Deer Management Permit to a person who has met the requirements of §65.126 of this title (relating to Permit Application and Fees).

(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 detained under a valid DMP, and no other permit or license is necessary to conduct activities authorized under a DMP.

(d) Changes to an approved Deer Management Plan shall be considered as a new application.

§65.132. Permit Application and Fees. 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 §53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits). Incomplete applications will be returned to the applicant and will not be processed until complete. No DMP may be issued until the applicant's deer management plan has been approved by a department employee classified as Conservation Scientist VI or higher.

§65.133. General Provisions.

(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 wild deer and must be released according to the provisions of §65.130 of this title (relating to Release).

(c) The holder of a DMP is entitled to the issuance of Managed Lands Deer Permits subject to the provisions of §65.26 of this title (relating to Managed Lands Deer (MLD) Permits).

(d) A DMP authorizes the permittee to detain deer for natural breeding only.

(e) No deer or by-products of any deer held under a DMP may be sold, bartered, or traded for any consideration.

§65.134. Facility Standards.

(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, except as provided in subsection (b) of this section.

(b) A pen less than five acres in area must contain at least 50,000 square feet of continuous natural vegetation of the type typically used by white-tailed deer for concealment and cover.

(c) During the period from September 1 through January 31, no pen shall contain more than:

(1) one buck deer; and/or

(2) 20 doe deer.

§65.135. Detention and Marking of Deer.

(a) No trapping of deer under a DMP may take place between March 2 and August 31 of any year.

(b) All deer detained under a DMP shall be released by no later than ten months following capture, unless the detention is approved by the department in the applicant's management plan.

(c) All deer detained under a DMP shall be marked, at a minimum, by a continuous stripe of yellow, acrylic, water-based paint no less than three inches wide along the spine from the shoulders to the tail, or as approved by the department in the applicant’s deer management plan.

§65.136. Release.

(a) Release of deer shall be effected by removing, for a continuous distance of no less than 100 yards, those components of a pen that serve to maintain deer in a state of detention within the pen. Such components shall be removed for no fewer than 60 consecutive days. The provisions of this subsection may be altered, provided the specific details of the release technique are included in the applicant’s deer management plan and are approved by the department.

(b) No deer held under a DMP shall be released between November 1 and March 1, unless such release is approved by the department in the applicant's management plan.

§65.137. Disposition of Mortalities. 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.

§65.138. Violations and Penalties. 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas on

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or 512-389-4642


Commission Agenda Item No. 5
Exhibit B

Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes new §53.80, concerning Miscellaneous Wildlife Licenses and Permits. The amendment is necessary to set the fees for application and renewal of deer management permits. The new section will function to establish a fee of $1,000 for the initial permit application and a fee of $500 for annual renewal.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed new section is in effect, there will be no negative fiscal implications to state or local governments as a result of enforcing or administering the proposed new section.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the proposed new section is in effect:

(A) The public benefit anticipated as a result of enforcing the rule as proposed will be the enhanced management of white-tailed deer in this state.

(B) There will be no effect on small businesses. There are no economic costs to persons required to comply with the rules as proposed, because the permit is not mandatory. Persons applying for the permit, however, must pay a $1,000 fee for the initial permit and a $500 fee for permit renewal.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Jerry Cooke, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4774 or 1-800-792-1112.

5. Statutory Authority.

The amendment and new section are proposed under Parks and Wildlife Code, Chapter 43, Subchapter R, as enacted by the passage of House Bill 2542, 75th Texas Legislature, Regular Session, 1997, which provides the commission with authority to establish a permit and fees for the management of wild white-tailed deer.

The new sections affect Parks and Wildlife Code, Chapter 43, Subchapter R.

§53.80. Miscellaneous Wildlife Licenses and Permits.

(a) Deer management permit. The following permit application processing fee amounts are effective beginning September 1, 1998, and thereafter. Permit application processing fees (fees also prescribed in Chapter 65 of this title (relating to Wildlife)):

(1) application for deer management permit - $1,000; and

(2) renewal of deer management permit - $500.

(b) The following fees (also prescribed in Chapter 65 of this title) are effective upon adoption and thereafter:

(1) resident nongame commercial collector’s permit - $15;

(2) nonresident nongame commercial collector’s permit - $50;

(3) resident nongame commercial dealer’s permit - $50; and

(4) nonresident nongame commercial dealer’s permit - $200.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas on

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or 512-389-4642


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