Regulations Committee

Wednesday, 9:00 a.m., August 25, 1999

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approval of the Committee Minutes from the previous meeting.  
  Summary of Minutes  
1. Chairman's Charges (Oral Presentation) Committee Only
2. Migratory Game Bird Proclamation – Late Season
Staff: Vernon Bevill
9
3. Scientific Breeder Regulations
Staff: Jerry Cooke
Committee Only
4. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Regulations Committee
June 2, 1999

BE IT REMEMBERED that heretofore on the 2nd day of June 1999, there came to be heard matters under the regulatory authority of the Parks and Wildlife Commission of Texas, in the Commission hearing room of the Texas Parks and Wildlife Headquarters complex, Austin, Travis County, Texas beginning at 9:25 a.m., to wit:

I. COMMISSION ATTENDANCE

Lee Bass, Chair
Nolan Ryan
Richard Heath (Absent)
Alvin L. Henry
Carol Dinkins
Katharine Armstrong Idsal
John Avila, Jr.
Ernest Angelo, Jr. (Absent)
Mark E. Watson, Jr.

II. OPENING STATEMENT:

Mr. Andrew Sansom, Executive Director, read the opening statement into the record.

III. APPROVAL OF MINUTES:

Chairman Bass began the proceedings by entertaining a motion by Commissioner Watson to approve the minutes of the April 14, 1999 meeting of the Regulations Committee. The motion was seconded by Commissioner Henry and passed unanimously. Chairman Bass recognized Executive Director Andrew Sansom, who briefed the Committee on the Chairman's Charges, and a legislative update. Mr. Sansom reviewed various bills passed and not passed that the department had been tracking. Mr. Sansom was to provide each Commissioner with a bulletized summary of each of the bills he covered. Mr. Sansom introduced Mr. Walt Dabney, new director of state parks.

IV. THE FOLLOWING ITEMS WERE PRESENTED TO THE COMMITTEE:

2. BRIEFING - Commission Policy Review

Presenters - Gene McCarty

Mr. Sansom introduced Mr. Gene McCarty, Chief of Staff who reviewed internal sunset of outdated and unnecessary policies, and development of a new, comprehensive policy manual for the agency. Chairman Bass directed staff to provide the Commissioners with an annotated summary of all policies reviewed which will include reasons why certain policies were kept or sunset.

3. BRIEFING - Agency Sunset Procedure

Presenters - Andrew Sansom

Mr. Sansom reviewed the various steps the agency will take during the next two years in preparation for legislative sunset scheduled for September 1, 2001. He introduced Mr. Steve Hobson from the Sunset Advisory Commission (SAC) who was in the audience. Staff will prepare a self-evaluation report for the (SAC) by August 15. This will be followed by research conducted by SAC members on the agency. The process will culminate in a SAC staff report which will be submitted to the SAC. Public comment on the report will be invited. Approved reports will then be submitted as the SAC recommendation to the next legislature. Chairman Bass requested the Parks and Wildlife Commission have involvement in the self-evaluation report. Commissioner recommended that this be rolled into the same schedule as the budget workshop. Chairman Bass asked if the agency had a report from the last sunset process. Mr. Sansom deferred to Mr. Hobson who responded that the process has changed considerably and previous reports may not be helpful. Chairman Bass asked what the best timing was for Commission input. Mr. Hobson replied that the SCR (Sunset Commission Review?) is open to and welcomes the Commission=s input. He also related that the Sunset staff may take up to 6 months to conduct their research and that 6-month period could occur any time between September 1, 1999 and December of 2000. Mr. Sansom related that Larry McKinney had initiated a series of discussions with the Water Development Board and TNRCD to preidentify areas of overlap in agency responsibility.

4. ACTION - FY 1999-2000 Eastern Turkey Regulations

Presenters - Dr. Jerry Cooke

Chairman Bass identified Dr. Jerry Cooke, program director for upland wildlife ecology who presented an amendment to the Statewide Hunting and Fishing Proclamation called for the fourth item of business, a briefing on changes being considered for the statewide hunting and fishing proclamation regarding Eastern Turkey regulations. Dr. Cooke recommended the Committee forward the amendments to the full Commission and place it on the consent agenda. Chairman Bass called for comments. Being none, he entertained a motion to approve the recommendations. Commissioner Ryan moved and Commissioner Idsal seconded. The motion passed unanimously.

5. ACTION - Migratory Game Bird Proclamation - Early Season

Presenter - Mr. Vernon Bevill

Chairman Bass recognized Vernon Bevill, migratory bird program director, who reviewed recommended changes to the Migratory Game Bird proclamation. Mr. Bevill indicated that staff had conducted a statewide mail survey to gather information about dove hunters selected from the HIP database. Chairman Bass asked how many people were included in the survey. Mr. Bevill responded 3500 survey forms were mailed and 1350 were returned to the department. Mr. Bevill indicated that most respondents preferred the 15-bird, 60-day season rather than the 12-bird, 70 day season; they preferred the all-day hunting hours rather than morning-only or afternoon-only. He also reviewed regulations for teal, snipe and woodcock.

Commissioner Dinkins indicated she had been in favor of the longer season and lower bag limit for doves in that it would increase hunter opportunity. Mr. Bevill responded that the bag limit of 15 was rarely attained and that hunters seemed to prefer to try for a larger bag than have more days to hunt. Also, the majority of doves are harvested during the month of September, with harvest dropping sharply after that. Commissioner Idsal asked if staff knew how many doves were shot on average by those people who hunted the first few days of the season. Mr. Bevill responded that data that specific were not available. Commissioner Idsal commented that if the average harvest was only 4 birds, what harm would there be if the season was extended? Chairman Bass responded that most comments he had received were that the hunters would prefer the chance to harvest more birds if the opportunity presented itself. Mr. Bevill concurred. Commissioner Watson also commented that the longer season seemed to be the thing to do. Mr. Bevill reiterated that the majority of respondents to the survey were in favor of the 15-bird, 60-day season. Chairman Bass added that the Migratory Advisory Committee also wished to maintain the status quo. Mr. Bevill related that it would be useful to maintain the 15-bird, 60-day season for a longer period. Chairman Bass agreed that the surveys indicated that the public was generally happy with the rule as it stands. Mr. Bevill again presented the results of the mail survey at the request of the Chairman. Commissioner Dinkins commented that it would be helpful if a summary such as that shown on the slide were submitted to the Commissioners in the briefing book. Mr. Bevill related that the survey results were late getting to the staff for evaluation and could not be included in the briefing book. Chairman Bass called for a motion to accept the recommendations. Commissioner Avila moved, Commissioner Watson seconded. Motion passed unanimously.

6. BRIEFING - Shrimp Management in Texas

Presenter - Mr. Hal Osburn

COASTAL FISHERIES

Chair recognized Hal Osburn, Director Coastal Fisheries Division. Mr. Osburn briefed the Committee on shrimp management in Texas, its history, its status, and its prognosis. Mr. Osburn reported that the complexity of the shrimp fishery, as well as the many issues surrounding of competing use necessitates a re-look at shrimp management. He related that the Coastal Fisheries Division staff begun a shrimp management initiative to review all of the current shrimping rules, including 25 years of monitoring data, extensive scoping efforts with shrimpers, and other coastal stakeholders. Mr. Osburn indicated to the Committee that any changes coming from this initiative will be easy for the shrimpers. But he will remain sensitive to their needs as well as the long-term environmental interest of this public resource. Commissioner Ryan asked if all the licenses the agency bought back were just bay and bait and not gulf shrimp licenses. Mr. Osburn responded that that was correct. Commissioner Watson concluded that the gulf fishery was not under limited entry. Mr. Osburn concurred indicating that the dual jurisdiction in the gulf fishery made it more difficult to establish limited entry, but that the concept had been discussed. Mr. Sansom concurred and related that he too had been approached by gulf shrimpers who were interested in the concept of limited entry in the gulf. Commissioner Watson asked if there was only one license per boat. Mr. Osburn stated that a boat could work under all three existing licenses. Commissioner Ryan asked if staff recommendations would be for Texas bays only. Mr. Osburn replied that the recommendations would encompass the state's territorial waters out to nine nautical miles as well. Commissioner Ryan asked if Mr. Osburn anticipated any major changes. Mr. Osburn indicated he felt some major changes were warranted. Commissioner Watson asked how many licenses needed to be bought back before a difference was made. Mr. Osburn indicated that the issue was more than just numbers of licenses, it included fishing effort and changes in catch per unit of effort. Commissioner Ryan asked if net size would be a factor in the new strategy. Mr. Osburn acknowledged that net size would be an important factor. Commissioner Ryan asked if bycatch was worse in the gulf than in the bays. Mr. Osburn stated that the proportions in the two areas were about the same, but the sheer size of the nets amounted to greater volume in the gulf. He also indicated that Atlantic croaker were an important bycatch species in the bays while red snapper were the species of concern in the gulf.

Commissioner Watson asked if shrimpers from Louisiana can fish within Texas' waters. Chairman Bass responded they must have a Texas license. Commissioner Idsal asked how the boats get close to shore. Mr. Osburn explained that many of the new boats called Aslabs are designed with a shallow draft specifically to fish close to shore. Commissioner Watson reiterated there was no limited entry. Chairman Bass commented that the process has been step-wise and that the initial concern was the excessive effort in the bays. Mr. Osburn concurred and added that the gulf is managed through a two-month closure to protect small shrimp emigrating t from the bays to the gulf. Nevertheless there are other issues in the gulf that must be accounted for including sea turtles and white shrimp. Chairman Bass concluded the question and comment period for this agenda item.

7. ACTION - Permits to sell nongame fish.

Presenter - Mr. Joedy Gray

Chairman recognized Mr. Joedy Gray, staff support specialist with Inland Fisheries Division. Mr. Gray reviewed three proposed amendments to the permitting and reporting procedure. These include: 1) all permits will expire December 31 of the year issued; 2) annual reports must be submitted to the department by the 10th day of December; and 3) monthly reports must be maintained at the permittee's address for one year. Mr. Gray indicated that there were no public comments received regarding the proposed amendments as published in the Texas Register. Chairman Bass called for questions. Being none, he called for a motion to send the item to the full Commission and place it on the consent agenda. Commissioner Dinkins so moved and Commissioner Henry seconded. Motion passed unanimously.

8. ACTION - Petition for rulemaking - - frog bag limit.

Presenter - Mr. John Herron

Chairman recognized Mr. John Herron, head of the wildlife diversity program. Mr. Herron reported that a petition for rulemaking was submitted by approximately 70 individuals from East Texas regarding harvest of bull frogs. Mr. Herron reviewed the history and rationale of the non-game permits system under which bullfrogs fall. The petitioners requested that bullfrogs be exempt from the regulation to hold a non-game permit. He indicated that staff's recommendation would be to deny the petition, since one benefit from the permit system was to acquire data on various non-game species harvested. Chairman Bass called for questions. Being none, he called for a motion to send the item to the full Commission and place it on the consent agenda. Commissioner Avila so moved and Commissioner Watson seconded. Motion passed unanimously.

IV. ADJOURNMENT: Chairman Bass thanked Mr. Herron and concluded the Regulations Committee meeting.


Committee Agenda Item No. 1
Presenter: Andrew Sansom

Regulations Committee
Briefing
Chairman's Charges
August 1999

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Vernon Bevill

Regulations Committee
Action
1999-2000 Migratory Game Bird Proclamation
Late Season and Baiting Provisions
August 1999

(This is Public Hearing Agenda Item No. 9.)


Committee Agenda Item No. 3
Presenter: Jerry Cooke

Regulations Committee
Action
Scientific Breeder Regulations
August 1999

I. Discussion: Under Parks and Wildlife Code, Chapter 43, Subchapter L, the Commission is authorized to promulgate regulations governing the possession of white-tailed deer and mule deer for scientific, management, and propagation purposes. Staff seeks to amend existing scientific breeder regulations to reduce paperwork and provide for more streamlined regulatory requirements while continuing to ensure that wild white-tailed deer are not commingled with scientific breeder stock. The proposed regulations located at Exhibit A would: offer permittees an optional numbering convention for the identification of deer; allow permittees to defer the tattooing of deer until such time as they are to be removed from a facility; require tagging of deer to be completed by March 1 of each year; allow for purchase permits to be valid at any time after purchase and to be obtained in bulk; rescind the requirement for a permittee to be in possession of return fax from the department prior to transporting deer and institute in its place a logging and reporting procedure; require permittees to notify the department each November 1 as to the number of fawns present in a facility; allow the temporary transfer of deer for nursing or breeding purposes; and provide for the marking of trailers and vehicles when used to transport deer.

II. Recommendation: The staff recommends the Regulations Committee adopt the following motion:

"The Regulations Committee of the Texas Parks and Wildlife Commission authorizes staff to publish the proposed regulations located at Exhibit A, concerning the Scientific Breeder Proclamation, in the Texas Register for public comment."

Attachment – 1

1. Exhibit A – Proposed Scientific Breeder Regulations


Committee Agenda Item No. 3
Exhibit A

Scientific Breeder Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.601, 65.602, 65.605, and 65.607 - 65.610, concerning Scientific Deer Breeders. The amendments are necessary to minimize administrative complexities associated with the marking of deer and their transportation for temporary breeding or nursing purposes, as well as to reduce paperwork and provide generally for more efficient administration of the program. The amendment to §65.601, concerning Definitions, provides for an optional marking convention. The amendment to §65.602, concerning Permit Requirement and Permit Privileges, stipulates that a scientific breeder may temporarily relocate deer for nursing or breeding purposes. The amendment to §65.605, concerning Holding Facility Standards and Care of Deer, removes provisions for temporary relocation of fawns for nursing purposes, which are being revamped and installed in another section. The amendment to §65.607, concerning Marking of Deer, would: allow scientific breeders to defer the tattooing of deer until such time as they leave a breeding facility; provide for an optional marking convention; require all deer within a facility to be ear-tagged by March 1 of each year; and mandate, as a consequence of purchase, the replacement of the seller’s ear tags with the buyer’s ear tags prior to the removal of deer from a facility. The amendment to §65.608, concerning Annual Reports and Records, would require permittees to submit an annual report by November 1 of each year, at which time they would also furnish all purchase permits used during the reporting period. The amendment to §65.609, concerning Purchase of Deer and Purchase Permit, would simplify the current provisions for the acquisition and use of purchase permits by: eliminating the requirement for possession of a return fax from the department prior to transport and replacing it with a more flexible notification and reporting procedure; and allowing purchase permits to be obtained in bulk, to be used as necessary during the span of a scientific breeder permit’s validity. The amendment to §65.610, concerning Transport of Deer and Transport Permit, would provide for the temporary movement of deer for breeding or nursing purposes by implementing a notification requirement for such activities, and would create an identification requirement for vehicles and trailers used to transport deer.

2. Fiscal Note.

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

3. Public Benefit-Cost Note.

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

(A) the public benefit anticipated as a result of enforcing the rules as proposed will be the department's discharge of its statutory obligation to regulate persons possessing white-tailed or mule deer for propagation, scientific, and management purposes.

(B) There will be no effect on small businesses. There are additional economic costs to persons required to comply with the rules as proposed, but the department has determined that such costs range from minimal to negligible.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department 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 Comment.

Comments on the proposed rules may 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 amendments are proposed under Parks and Wildlife Code, Chapter 43, Subchapter L, which authorizes the Parks and Wildlife Commission to establish regulations governing the possession of white-tailed and mule deer for scientific, management, and propagation purposes.

The amendments affects Parks and Wildlife Code, Chapter 43, Subchapter L.

§65.601. Definitions. 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) Certified Wildlife Biologist - A person not employed by the department who has been certified as a wildlife biologist by The Wildlife Society, or who:

(A) has been awarded a bachelor’s degree or higher in wildlife science, wildlife management, or a related educational field; and

(B) has not less than five years of post-graduate experience in research or wildlife management associated with white-tailed deer or mule deer within the past 10 years.

(2) Common Carrier - Any licensed firm, corporation or establishment which solicits and operates public freight or passenger transportation service or any vehicle employed in such transportation service.

(3) Deer - White-tailed deer of the species Odocoileus virginianus or mule deer of the species Odocoileus hemonius.

(4) Designated agent - An individual, identified on an application for a scientific breeder's permit, who is authorized by the permittee to conduct activities on behalf of the permittee.

(5) Facility - One or more enclosures, in the aggregate and including additions, that are the site of scientific breeding operations under a single scientific breeder's permit.

(6) Fawn - Any deer with a spotted coat.

(7) Propagation - The holding of captive deer for reproductive purposes.

(8) Sale - The transfer of possession of deer for consideration and includes a barter and an even exchange.

(9) Scientific - The accumulation of knowledge, by systematic methods, about the physiology, nutrition, genetics, reproduction, mortality and other biological factors affecting deer.

(10) Serial Number - A permanent number assigned to the scientific breeder by the department.

(11) Unique number - A four-digit alphanumeric identifier issued by the department to a scientific breeder for the purpose of permanently marking a deer such that the animal’s history of ownership can be tracked; or, at the permittee’s discretion, an identifier consisting of the permittee’s serial number and a four-digit number, provided that no such combination is used on more than one deer.

§65.602. Permit Requirement and Permit Privileges.

(a) Except as provided in this subchapter, no [No] person may possess a live deer in this state unless that person possesses a valid permit issued by the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R.

(b) A person who possesses a valid scientific breeder's permit may:

(1) possess deer within the permitted facility for the purpose of propagation;

(2) engage in the business of breeding legally possessed deer within the facility for which the permit was issued;

(3) sell deer that are in the legal possession of the permittee;

(4) release deer from a permitted facility into the wild as provided in this subchapter; [and]

(5) recapture lawfully possessed deer that have been marked in accordance §65.607 of this title (relating to Marking of Deer) that have escaped from a permitted facility; and

(6) temporarily relocate deer in accordance with the provisions of §65.610(a)(2) and (3) of this title (relating to Transport of Deer and Transport Permit) for breeding or nursing purposes.

§ 65.605. Holding Facility Standards and Care of Deer.

(a) The entire perimeter fence of a facility shall be no less than seven feet in height, and shall be constructed of department-approved net mesh, chain link or welded wire that will retain deer. An indoor facility is acceptable if it meets the standards described in this section and provides permanent access to an outdoor environment that is sufficient for keeping the deer in captivity.

(b) A permittee shall notify the department immediately upon discovering the escape of deer from a facility. Such notice shall be made on a form provided by the department and shall be notarized. The permittee shall have ten days from the date of such report to capture only those deer that are marked in accordance with § 65.607 of this title (relating to Marking of Deer). All recaptured deer must be returned to the facility from which the deer escaped. If after ten days the permittee is unable to capture escaped deer that have been reported in accordance with this subsection, the department may grant an additional five-day period for capture efforts to continue, contingent upon the permittee proving to the department's satisfaction that reasonable efforts were made to effect the capture during the first ten-day period.

[(c) A scientific breeder may move fawns from a permitted facility to another location for nursing purposes, provided: ]

[(1) the nursery is located on the same tract of land as the permitted breeding facility; ]

[(2) the scientific breeder requests and receives written authorization from the department to establish a designated location for nursing purposes; and]

[(3) all fawns in such a nursery are marked in accordance with § 65.607(a) of this title (relating to Marking of Deer).]

§65.607. Marking of Deer.

(a) Each deer held in captivity by a permittee under this subchapter shall be permanently marked by[:]

[(1) a unique number tattooed in one ear; and]

[(2)] an ear tag that shows the letters "TX" followed by the serial number assigned to the scientific breeder. All fawns within a scientific breeder facility shall be tagged by March 1 of the year immediately following their birth.

(b) No person shall remove or knowingly allow the removal of a deer held in captivity by a permittee under this subchapter unless it has been permanently marked by a department-issued unique number tattooed in one ear, or the permittee’s TX number in one ear and a unique four-digit number in the other ear. [Fawns must be permanently marked by the first November 1 following birth.]

(c) No person shall remove a deer from a facility under the provisions of a purchase permit unless the ear tag identifying the seller has been removed from the deer, and, if the purchaser is a scientific breeder, replaced with an ear tag bearing the TX number of the purchaser. [All deer held in a scientific breeder facility prior to the effective date of this section must be marked upon first handling or prior to leaving the facility, whichever occurs first.]

§65.608. Annual Reports and Records.

(a) Each scientific breeder shall file a completed annual report on a form supplied or approved by the department, accompanied by the originals of all invoices for the temporary relocation of deer and all purchase permits used by the permittee during the reporting period, by not later than April 16 of each year.

(b) A permittee shall notify the department in writing by November 1 of each year of the exact number of fawns held by the permittee in each permitted facility, including fawns that have been temporarily relocated for nursing purposes.

(c) The holder of a scientific breeder's permit shall maintain and, on request, provide to the department adequate documentation as to the source or origin of all deer held in captivity, including all invoices for the temporary relocation of deer, and buyer’s and seller’s copies, as applicable, of all purchase permits used by the permittee.

§65.609. Purchase of Deer and Purchase Permit.

(a) Deer may be purchased or obtained for:

(1) holding for propagation purposes if the purchaser possesses a valid scientific breeder's permit; or

(2) liberation for stocking purposes.

(b) Deer may be purchased or obtained only from:

(1) a holder of a valid scientific breeder's permit; or

(2) a lawful out-of-state source.

(c) An individual may possess or obtain deer only after a purchase permit has been issued by the department. A purchase permit is valid for a period of 30 days after it [Purchase permits shall be valid for 30 days from the date that the scientific breeder] has been:

[(1)] completed (to include the unique number of each deer being transferred [purchased]), dated, signed, and faxed [the permit] to the Law Enforcement Communications Center in Austin prior to the transport of any deer. The purchase permit shall also be signed and dated by the other party to a transaction prior to the transfer of possession of any deer. [;]

[(2) received and possesses on their person a return fax from the department in acknowledgment of the fax required by paragraph (1) of this subsection.]

(d) A purchase permit is valid [only during the period of validity of a scientific breeder’s permit, is effective] for only one transaction[,] and expires after one instance of use.

(e) A one-time, 30-day extension of effectiveness for a purchase permit may be obtained by notifying the department prior to the original expiration date of the purchase permit.

(f) A person may amend a purchase permit at any time prior to the transport of deer; however:

(1) the amended permit shall reflect all changes to the required information submitted as part of the original permit;

(2) the amended permit information shall be reported by phone to the Law Enforcement Communications Center in Austin at the time of the amendment; and

(3) the amended permit information shall be faxed to the Law Enforcement Communications Center in Austin within 48 hours of transport.

(g) [(f)] The department may issue a purchase permit for liberation for stocking purposes if the department determines that the release of deer will not detrimentally affect existing populations or systems.

(h)[(g)] Deer lawfully purchased or obtained for stocking purposes may be temporarily held in captivity:

(1) to acclimate the deer to habitat conditions at the release site;

(2) when specifically authorized by the department;

(3) for a period to be specified on the purchase permit, not to exceed six months;

(4) are not hunted prior to liberation; and

(5) if the temporary holding facility is physically separate from any scientific breeder facility and the deer being temporarily held are not commingled with deer being held in a scientific breeder facility. Deer removed from a scientific breeder facility to a temporary holding facility shall not be returned to any scientific breeder facility.

§65.610. Transport of Deer and Transport Permit.

(a) The holder of a valid scientific breeder's permit or a designated agent may, without any additional permit, transport legally possessed deer:

(1) to another scientific breeder when a valid purchase permit has been issued for that transaction;

(2) to another scientific breeder on a temporary basis for breeding purposes. The scientific breeder providing the deer shall complete and sign a free, department-supplied invoice prior to transporting any deer, which invoice shall accompany all deer to the receiving facility. The scientific breeder receiving the deer shall sign and date the invoice upon receiving the deer, and shall maintain a copy of the invoice during the time the deer are held in the receiving facility. At such time as the deer are to return to the originating facility, the invoice shall be dated and signed by both the scientific breeder relinquishing the deer and the scientific breeder returning the deer to the originating facility, and the invoice shall accompany the deer to the original facility. The original of the invoice shall be submitted to the department with the annual report required by §65.608 of this title (relating to Annual Reports and Records). In the event that a deer has not been returned to a facility at the time the annual report is due, a scientific breeder shall submit a photocopy of the original invoice and submit the original invoice with the following year’s report.

(3) to another person on a temporary basis for nursing purposes. The scientific breeder shall complete and sign a free, department-supplied invoice prior to transporting deer to a nursery, which invoice shall accompany all deer to the receiving facility. The person receiving the deer shall sign and date the invoice upon receiving the deer, and shall maintain a copy of the invoice during the time the deer are held by that person. At such time as the deer are to return to the originating facility, the invoice shall be dated and signed by both the person holding the deer and the scientific breeder returning the deer to the originating facility, and the invoice shall accompany the deer to the original facility. The original of the invoice shall be submitted to the department with the annual report required by §65.608 of this title (relating to Annual Reports and Records.

(4) [(2)] to an individual who does not possess a scientific breeder's permit if a valid purchase permit for release into the wild for stocking purposes has been issued for that transaction; and

(5) [(3)] to and from an accredited veterinarian for the purpose of obtaining medical attention.

(b) The department may issue a transport permit to an individual who does not possess a scientific breeder's permit if the individual is transporting deer for liberation purposes and the deer were legally purchased or obtained from:

(1) a scientific breeder; or

(2) a lawful out-of-state source.

(c) All deer entering the boundaries of this state shall:

(1) be accompanied by a certificate of health, signed by an accredited veterinarian, which bears the purchaser's name and address, specifies the destination of the deer, and certifies that the deer:

(A) have been inspected by the veterinarian named on the certificate within 10 days prior to the time of transport;

(B) are free of external parasites;

(C) are free of evidence of contagious and communicable diseases; and

(D) have been tested in accordance with any applicable regulations of the Texas Animal Health Commission; and

(2) be accompanied by a permit or document from the government agency authorizing the exportation of the deer from the state or country of origin, if such permit or document was required as a condition for export from the state or country of origin.

(d) Deer may not be transported for the purposes of this subchapter during any open season for deer or during the period beginning 10 days immediately prior to an open season for deer unless the scientific breeder notifies the department by contacting the Law Enforcement Communications Center in Austin no less than 24 hours before actual transport occurs.

(e) Transport permits shall be effective for 30 days from the date that the scientific breeder has:

(1) completed (to include the unique number of each deer being transported), dated, signed, and faxed the permit to the Law Enforcement Communications Center in Austin; and

(2) received and possesses on their person a return fax from the department in acknowledgment of the fax required by paragraph (1) of this subsection.

(f) A transport permit is valid [only during the period of validity of a scientific breeder’s permit, is effective] for only one transaction, and expires after one instance of use.

(g) A person may amend a transport permit at any time prior to the transport of deer; however:

(1) the amended permit shall reflect all changes to the required information submitted as part of the original permit;

(2) the amended permit information shall be reported by phone to the Law Enforcement Communications Center in Austin at the time of the amendment; and

(3) the amended permit information shall be faxed to the Law Enforcement Communications Center in Austin within 48 hours of transport.

(h) [(g)] A one-time, 30-day extension of effectiveness for a transport permit may be obtained by notifying the department prior to the original expiration date of the transport permit.

(i) No person may possess deer in a trailer or vehicle upon a public roadway unless the trailer or vehicle is plainly marked on the rear surface with the blocked, capital letters "TDB" of no less than six inches in height and three inches in width, in a color that contrasts with the color of the trailer or vehicle.

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

Issued in Austin, Texas on


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