Presenter: Jerry Cooke

Commission Agenda Item No. 3
Action
Scientific Breeder Proclamation
Deer Management Proclamation
Triple T Proclamation
May 2001

I. DISCUSSION: Under Parks and Wildlife Code, Chapter 43, Subchapter E, the Commission is authorized to issue permits for the trapping, transporting, and transplanting of game animals and game birds (Triple T permit), and set fees for review of permit applications or other department actions necessary to implement the subchapter. Chapter 43, Subchapter L authorizes the Commission to promulgate regulations governing the possession of white-tailed deer and mule deer for scientific, management, and propagation purposes (Scientific Breeder's Permit). Chapter 43, Subchapter R authorizes the commission to issue permits for deer management, and to establish conditions governing such permits (Deer Management Permit).

The Regulations Committee at its April 2001 meeting directed staff to publish in the Texas Register a suite of amendments affecting the scientific breeder permit regulations, the deer management permit regulations, and the Triple T permit regulations. The amendments appeared in the April 27, 2001 issue of the Texas Register (26 TexReg 3137). Staff conducted five public meetings concerning the proposed regulations, and will provide a summary of all public comment at the time of the meeting.

II. RECOMMENDATION: Staff recommends that the Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC Chapter 65, Subchapters E, L, and R (located at Exhibit A), concerning the Scientific Breeder Proclamation, the Triple T Proclamation, and the Deer Management Proclamation, with changes to the proposed text as published in the April 27, 2001, issue of the Texas Register (26 TexReg , 3137 - 3145).”

Attachments - 4

  1. Exhibit A - Scientific Proclamation
  2. Exhibit B - Deer Management Proclamation
  3. Exhibit C - TripleT Proclamation
  4. Exhibit D - Fiscal Note (Available upon request).

Commission Agenda Item No. 3
Exhibit A

Scientific Breeder Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.601 - 65.603, and 65.607 - 65.610, concerning Scientific Breeder’s Permits. The proposal published in the March 2, 2001, issue of the Texas Register (26 TexReg 1826) has been withdrawn.

The amendment to §65.601, concerning Definitions, replaces the term ‘designated agent' with ‘authorized agent’ and alters the definition to remove the requirement that such persons be named on the application for a permit; removes the definition for 'fawn;' and provides for an optional marking convention. The amendment is necessary to, respectively: make the definition consistent with other departmental regulations and provide greater flexibility for permittees to employ personnel as the situation dictates; eliminate the term ‘fawn’ because it will no longer be used in the rules; and to allow permittees to use customized marking conventions, so long as each deer in their possession is uniquely identified. The amendment to §65.602, concerning Permit Requirement and Permit Privileges, creates an exception to the applicability of other regulations in order to allow deer held under a scientific breeder’s permit to be temporarily relocated for nursing or breeding purposes. The amendment is necessary for the department to address requests from the regulated community. The amendment to §65.603, concerning Application and Permit Issuance, removes an obsolete provision for the proration of fees and provides a mechanism for expedited permit amendments to add or remove persons from the permittee’s list of people authorized to perform permit activities. The amendment is necessary to eliminate unnecessary language and to provide greater flexibility for permittees to employ personnel as the situation dictates. 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 is necessary to restructure the provisions of the subchapter for enhanced usability. 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 31 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 introduction of deer from another facility. The amendment is necessary to, respectively: eliminate stress on deer by deferring tagging activity until absolutely necessary; allow permittees to employ customized marking conventions, so long as each deer in their possession is uniquely identified; and ensure accurate identification of the ownership of deer bought and sold. The amendment to §65.608, concerning Annual Reports and Records, would require permittees to submit an annual report and specifies the contents of the report, and requires permittees and persons temporarily accepting deer from permittees to maintain specified records for inspection by department personnel. The amendment is necessary for the department to be able to determine that the permittee’s activities are consistent with the provisions of the subchapter and the applicable provisions of Parks and Wildlife Code. The amendment to §65.609, concerning Purchase of Deer and Purchase Permit, would simplify 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; allowing purchase permits to be obtained in bulk, to be used as necessary during the span of a scientific breeder permit’s validity; and providing a mechanism for expedited amendments to permits. The amendment is necessary to make the process of using purchase permits more user-friendly. The amendment to §65.610, concerning Transport of Deer and Transport Permit, would provide a more user-friendly mechanism for the temporary movement of deer for breeding or nursing purposes by implementing a more flexible notification requirement for such activities; implement provisions for the expedited amendment of permits; and create an identification requirement for vehicles and trailers used to transport deer. The amendment is necessary to address requests from the regulated community; make the process of using purchase permits more user-friendly; and ensure that vehicles and trailers used to transport deer can easily be identified by law enforcement personnel.

2. Fiscal Note.

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

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 additional economic costs to small businesses, microbusinesses, and 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 Comments.

Comments on the proposed rule 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 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).

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 affect 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) Authorized agent - An individual designated by the permittee to conduct activities on behalf of the permittee. For the purposes of this subchapter, the terms ‘scientific breeder’ and ‘permittee’ include authorized agents.

(2)[(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.

(3)[(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.

(4)[(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.]

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

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

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

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

(10)[(11)] Unique number - A four-digit alphanumeric identifier used by the department to track the ownership of a specific deer. Unique numbers may be assigned by the department or by the permittee. If the permittee chooses to assign the unique numbers, each deer must be tattooed with the permittee’s serial number in one ear and the unique number in the other ear. No two deer shall share a common 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.]

§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 and hold 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; and

(7) temporarily relocate and recapture deer under the provisions of Subchapter D of this chapter (relating to Deer Management Permit).

§65.603. Application and Permit Issuance.

(a) An applicant for a scientific breeder's permit shall submit the following to the department:

(1) a completed notarized application on a form supplied by the department;

(2) a breeding plan which identifies:

(A) the activities proposed to be conducted; and

(B) the purpose(s) for proposed activities;

(3) a letter of endorsement by a certified wildlife biologist which states that:

(A) the certified wildlife biologist has reviewed the breeding plan;

(B) the activities identified in the breeding plan are adequate to accomplish the purposes for which the permit is sought; and

(C) the facility identified in the application is adequate to conduct the proposed activities;

(4) a diagram of the physical layout of the facility;

(5) the application processing fee specified in §53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits); and

(6) any additional information that the department determines is necessary to process the application.

(b) A scientific breeder's permit may be issued when:

(1) the application and associated materials have been approved by the department; and

(2) the department has received the fee as specified in §53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits).

(c) A scientific breeder's permit shall be valid from the date of issuance until the immediately following March 31. [Permit and renewal fees for permits issued prior to March 31, 1998, shall be prorated, if necessary.]

(d) A scientific breeder's permit may be renewed annually, provided that the applicant:

(1) is in compliance with the provisions of this subchapter;

(2) has submitted a notarized application and associated materials required by this section;

(3) has filed the annual report in a timely fashion, as required by §65.608 of this title (relating to Annual Reports and Records); and

(4) has paid the permit renewal fee as specified in §53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits).

(e) An authorized agent may be added to or deleted from a permit at any time by faxing or mailing an agent amendment form to the department. The form must be received by the department prior to the person's participation in any activities governed by a permit.

(f)[(e)] The department may, at its discretion, refuse to issue a permit or permit renewal to any person finally convicted of any violation of Parks and Wildlife Code, Chapter 43.

§ 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 tatooed in one ear; and]

[(2)] an ear tag that shows the letters “TX” followed by the serial number assigned to the scientific breeder. All deer within a scientific breeder facility shall be ear-tagged by March 31 of the year immediately following their birth.

(b) No person shall remove or knowingly allow the removal of a deer held in a facility by a permittee under this subchapter unless it has been permanently tattooed in one or both ears with a unique number. [Fawns must be permanently marked by the first November 1 following birth.]

(c) No person shall introduce deer into a facility under the provisions of a purchase permit unless the ear tag identifying the seller has been removed form the deer and 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 photocopies 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) 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 invoices, as applicable, of all purchase permits used by the permittee.

(c) A person holding deer for nursing purposes shall maintain and, upon request, provide appropriate invoices attesting to the source of all deer in the possession of that person.

§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 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 buyer or buyer's agent prior to or at the time that the transfer of possession of any deer occurs.[;]

[(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) if they 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. A photocopy of 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 incomplete original invoice with the annual report. A photocopy of the completed original invoice shall then be submitted as part of the permittee’s annual report for the following year.

(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. A photocopy of 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; and

(6) to a facility authorized under Subchapter D of this chapter (relating to Deer Management Permit) to receive buck deer on a temporary basis. The scientific breeder shall complete and sign a free, department-supplied invoice prior to transporting deer to a DMP facility, which invoice shall accompany all deer to the receiving facility. The DMP permittee or authorized agent 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 facility of origin, the invoice shall be dated and signed by both the person holding the deer under a DMP permit and the scientific breeder, and the invoice shall accompany the deer to the facility of origin. A photocopy of 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).

(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) During an open season for deer or during the period beginning 10 days immediately prior to an open season for deer, deer may be transported for the purposes of this subchapter without prior notification of the department; however, deer transported under this subsection shall be transported only from one scientific breeder facility to another scientific breeder facility. Deer transported under this subsection shall not be liberated unless the scientific breeder holding the deer notifies the Law Enforcement Communications Center no less than 24 hours prior to liberation.

(f)[(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 prior to the transport of any deer. The transport permit shall also be signed and dated by the other party to a transaction (or their authorized agent) upon the transfer of possession of any deer.[; 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.]

(g)[(f)] A transport permit is valid for only one transaction, and expires after one instance of use.

(h) 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.

(i) [(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.

(j) Except as provided by Parks and Wildlife Code, Chapter 43, no person may possess, transport, or cause the transportation of deer in a trailer or vehicle unless the trailer or vehicle exhibits an applicable inscription, as specified in this subsection, on the rear surface of the trailer or vehicle. The inscription shall read from left to right and shall be plainly visible at all times while possessing or transporting deer upon a public roadway. The inscription shall be attached to or painted on the trailer or vehicle in block, capital letters, each of which shall be 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. If the person is not a scientific breeder, the inscription shall be "TXD". If the person is s scientific breeder, the inscription shall be the scientific breeder serial number issued to the person.

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


Commission Agenda Item No. 3
Exhibit B

Deer Management Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.131- 65.133, concerning Deer Management Permit. The amendment to §65.131, concerning Deer Management Permit, corrects an inaccurate internal reference and adds qualifying language to the provisions of subsection (c). The amendment is necessary to maintain accurate cross-references and to prevent conflicts with other amendments that would allow deer from a scientific breeder’s facility to be temporarily relocated into a Deer Management Permit facility. The amendment to §65.132, concerning Permit Application and Fees, would establish a one-year period of validity for permits issued under the subchapter, and would update a reference to a department functional title. The amendment is necessary to establish an explicit period of validity for permits, and to reflect recent changes to the State Position Classification Plan. The amendment to §65.133, concerning General Provisions, would allow deer held under a scientific breeder’s permit to be temporarily introduced to a pen containing deer held under a deer management permit, and would allow the deer to be recaptured.

2. Fiscal Note.

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

3. Public Benefit - Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be the ability of persons to apply additional wildlife management techniques under the supervision of the department.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the 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 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).

5. Statutory Authority.

The rules are proposed Parks and Wildlife Code, §43.603, which authorizes the commission to establish conditions governing a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter R.

The proposed rule affects 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 §65.132 [§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) Except as provided in this subchapter, the [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.

(a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in §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 Manager II [Conservation Scientist VI] or higher.

(b) A permit under this subchapter is valid from September 1 of one year through August 31 of the year immediately following.

§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) Except as provided in subsection (c) of this section, any [Any] deer introduced into a pen containing deer detained under a DMP become wild deer and must be released according to the provisions of §65.136 of this title (relating to Release).

(c) If approved under the deer management plan, deer held under the provisions of Subchapter T of this chapter (relating to Scientific Breeder’s Permit) may be introduced into a pen containing deer detained under a DMP. Such deer remain private property and may be recaptured; however, any such deer within the pen when wild deer are released under the provisions of §65.136 of this title (relating to Release) become wild deer.

(d)[(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).

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

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

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


Commission Agenda Item No. 3
Exhibit C

Triple T Proclamation
Proposal Preamble

TRIPLE T PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.101, 65.103, 65.107, 65.109, and 65.111, concerning Permits for the Trapping, Transporting, and Transplanting of Game Animals and Game Birds, also known as Triple T permits. The amendment to §65.101, concerning Definitions, adds a definition for the term ‘recruitment,’ which is necessary because the department uses the term in another section to establish criteria for releases without site inspections. The amendment to §65.103, concerning Trap, Transport, and Transplant Permit, establishes additional criteria under which site inspections by department personnel are not required prior to release and specifies that deer held under a Deer Management Permit cannot be trapped under a Triple T permit. The amendment is necessary to address requests by the regulated community. The amendment to §65.107, concerning Permit Applications and Fees, creates an appeals process for persons dissatisfied with the decisions of the department with respect to the particulars of permit activities. The amendment is necessary to create a mechanism for review when members of the regulated community feel that a department decision needs to be reconsidered. The amendment to §65.109, concerning Issuance of Permit, updates a reference to the functional title of department employees authorized to approve issuance of Triple T permits. The amendment is necessary to accurately reflect changes made to department functional titles under the State Position Classification Plan. The change to §65.111, concerning Permit Conditions and Period of Validity, corrects an obsolete legal citation concerning contested cases. The amendment is necessary to accurately reflect that contested case procedure is set forth in Government Code.

2. Fiscal Note.

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

3. Public Benefit - Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be more effective wildlife management as a result of the trapping, transplanting, and transporting of game animals and game birds.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the 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 rule 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 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).

5. Statutory Authority.

The rules are proposed Parks and Wildlife Code, Chapter 43, Subchapter E, which requires the commission to adopt rules for the content of wildlife stocking plans, certification of wildlife trappers, and the trapping, transporting, and transplanting of game animals and game birds.

The proposed rules affect Parks and Wildlife Code, Chapter 43, Subchapter E.

§65.101. 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) Amendment—A specific alteration or revision of currently permitted activities, the effect of which does not constitute, as determined by the department, a new trapping, transporting and transplanting operation.

(2) Certified Wildlife Trapper—An individual who receives a department-issued permit pursuant to this section.

(3) Natural Habitat—The type of site where a game animal or game bird normally occurs and existing game populations are not dependent on manufactured feed or feeding devices for sustenance.

(4) Nuisance Squirrel—A squirrel that is causing damage to personal property.

(5) Overpopulation—A condition where the habitat is being detrimentally affected by high animal densities, or where such condition is imminent.

(6) Permittee—Any person authorized by a permit to perform activities governed by this subchapter.

(7) Recruitment - the Fall survey estimate of the number of fawns on a property.

(8)[(7)] Release Site—The specific destination of game animals or game birds to be relocated pursuant to a permit issued under this subchapter.

(9) [(8)] Stocking Policy—The policy governing stocking activities made or authorized by the department as specified in §§52.101-52.105, 52.201, 52.202, 52.301 and 52.401 of this title (relating to Stocking Policy).

(10)[(9)] Supervisory permittee—A person who supervises the activities of permittees authorized to conduct activities.

(11)[(10)] Trap Site—The specific source of game animals or game birds to be relocated pursuant to a permit issued under this subchapter.

§65.103. Trap, Transport, and Transplant Permit.

(a) For the purposes of this subchapter, the content of a wildlife stocking plan [shall] for a release site shall be the same as that required for a wildlife management plan under the provisions of §65.25 of this title (relating to Wildlife Management Plan). No inspection by the department of a release site is required if:

(1) the release will not exceed a ratio of one white-tailed deer per 200 acres at the release site; however, when the accumulated releases on a tract result in a ratio of one deer to 200 acres, no further releases shall take place unless a site inspection has been performed by the department; or

(2) the property has been issued Level III MLD permits within the three years immediately preceding the release; and

(A) the number of doe deer to be trapped does not exceed the number of MLD permits issued for antlerless deer on the release site for the preceding year;

(B) the number of deer to be released does not cause the total population of deer on the release site to exceed the total population size specified in a management plan under the provisions of §65.25 of this title; and

(C) the harvest quota under §65.26 of this title (relating to Managed Lands Deer Permits) for the release site would not be greater than 50% of recruitment.

(b) Applications received by the department between September 1 and November 15 in a calendar year shall be approved or denied within 45 days of receipt.

(c) The department may deny a permit application if the department determines that:

(1) the removal of game animals or game birds from the trap site may be detrimental to existing populations or systems;

(2) the removal of game animals or game birds may detrimentally affect the population status on neighboring properties;

(3) the release of game animals or game birds at the release site may be detrimental to existing populations or systems;

(4) the release site is outside of the suitable range of the game animal or game bird;

(5) the applicant has misrepresented information on the application or associated wildlife stocking plan; [or]

(6) the activity identified in the permit application does not comply with the provisions of the department's stocking policy; or

(7) the trapping activity would involve deer held under a Deer Management Permit.

(d) A buck deer transported under the provisions of this subchapter shall have its antlers removed prior to transport, unless:

(1) the transport takes place between February 10 and March 31 of a calendar year; or

(2) the trap site and the release site are owned by the same person. The sites shall be contiguous, but may be separated by a water body or public roadway.

(e) The department may establish trapping periods, based on biological criteria, when the trapping, transporting, and transplanting of game animals and game birds under this section by individuals will be permitted.

(f) The department may, at its discretion, require the applicant to supply additional information concerning the proposed trapping, transporting, and transplanting activity when deemed necessary to carry out the purposes of this subchapter.

(g) Game animals and game birds killed in the process of conducting permitted activities shall count as part of the total number of game animals or game birds authorized by the permit to be trapped.

§65.107. Permit Applications and Fees.

(a) Permit applications.

(1) Application for permits authorized under this subchapter shall be on a form prescribed by the department.

(2) A single application may specify multiple trap and/or release sites.

(3) A single application may not specify multiple species of game birds and/or game animals.

(4) The application must be signed by:

(A) the applicant;

(B) the landowner or agent of the trap site(s); and

(C) the landowner or agent of the release site(s).

(5) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities.

(b) Appeals. An applicant for a permit under this subchapter may appeal the decisions of the department concerning the stipulations of a permit. All appeals involving the provisions of paragraphs (1) and (2) of this subsection shall be resolved within 10 days of notification of the department by the person making the appeal.

(1) An applicant seeking to appeal the decisions of the department with respect to permit issuance under this subchapter shall first contact the immediate in-line supervisor of the TPW employee responsible for authorizing the permitted activities.

(2) If the determination of the immediate in-line supervisor is unsatisfactory to the applicant, the applicant is entitled to have the appeal presented to an appeals panel consisting of the Wildlife Division Regional Director and District Leader with jurisdiction, the White-tailed Deer Program Leader, and the Game Branch chief. The decision of the panel is final.

(3) If the determination of the panel is unsatisfactory to the applicant, the applicant is entitled to have the appeal presented to the Wildlife Division staff and the Private Lands Advisory Board for the purpose of determining if regulatory revision is necessary.

(c)[(b)] Permit fees.

(1) The department shall charge a nonrefundable application processing fee of $150 for permits authorized pursuant to this subchapter.

(2) The department shall charge a nonrefundable application processing fee of $25 for amendments to existing permits.

(3) The department will not process any permit application unless the application fee has been received by the department.

(4) Applications to trap, transport, and transplant nuisance squirrels are exempt from application fees.

(5) Applications for urban white-tailed deer removal permits that specify trap sites consisting solely of property owned by a political subdivision or institution of higher education of this state are exempt from application fees.

§65.109. Issuance of Permit. Permits authorized under this subchapter:

(1) will be issued only if the activities identified in the application are determined by the department to be in accordance with the department's stocking policy;

(2) will be issued only if the application and any associated materials are approved by a Texas Parks and Wildlife Department (TPWD) biologist classified not less than Manager II [CS VI];

(3) shall not be issued to individuals who are not in compliance with the reporting requirements specified in §65.115 of this title (relating to Reports);

(4) shall not be issued to applicants who have been finally convicted, during the two-year period immediately preceding the date of application, of any violation of the provisions of this subchapter; and

(5) do not exempt an applicant from the requirements of §§55.142-55.152 of this title (relating to Aerial Management of Wildlife and Exotic Animals).

§65.111. Permit Conditions and Period of Validity.

(a) A permittee may distribute the cost of permitted activities by entering into cost-sharing agreements with other parties involved, but such cost-sharing arrangements shall not violate the provisions of §65.117 of this title (relating to Prohibited Acts).

(b) If it is determined by the department that any condition listed on the permit has been violated, the department may suspend the permit after notifying the supervisory permittee that a violation has occurred. The supervisory permittee shall have 14 days from the date of such notice to request a hearing pursuant to Government Code, Chapter 2001 [Chapter 51, Subchapter B of this title (relating to Practice and Procedure in Contested Cases)].

(c) Permits issued pursuant to this subchapter shall expire at the end of the specified trapping period for that species. The maximum period of validity for a permit issued under this subchapter shall not exceed one year.

(d) Unattended trapping equipment and devices at trap sites within incorporated areas shall be labeled with the owner's name, complete address, and telephone number; the date of trap site establishment; and the date the trap site was last visited.

(e) Unattended trap sites that may pose a human health and safety hazard shall be clearly marked as such.

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


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