Presenter: Mitch Lockwood

Commission Agenda Item No. 3
Action
Deer Breeder Rule Amendments
March 26, 2009

I. Executive Summary: This item presents proposed changes to rules governing the possession of deer under a deer breeder's permit issued by the department. The proposed amendments would allow a deer breeder to donate deer to the holder of a valid educational display permit as specifically authorized by the department, either by transfer or as a consequence of the termination, suspension, or revocation of a deer breeder permit.

II. Discussion: Under Parks and Wildlife Code, Chapter 43, Subchapter L, the Commission is authorized to regulate the possession of deer held in captivity under a deer breeder's permit and the procedures and requirements for the purchase, transfer, sale, or shipment of breeder deer. Current rules do not allow for the donation of breeder deer to a person holding an educational display permit issued by the department. The Executive Director notified the Regulations Committee at the January 21, 2009 meeting that the department had received a petition for rulemaking requesting that deer breeders be allowed to donate deer to educational display permittees, and that staff recommended proceeding to rulemaking. The proposed amendments appeared in the February 20, 2009, issue of the Texas Register (34 TexReg 1221). A summary of public comment will be provided at the time of the meeting.

III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts amendments to §65.610 and §65.612, concerning Deer Breeder Permits, with changes as necessary to the proposed text as published in the February 20, 2009, issue of the Texas Register (34 TexReg 1221)."

Attachment - 1

  1. Exhibit A - Proposed Rulemaking

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