31 TAC §§65.601, 65.602, 65.605, 65.607-65.610
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 proposed amendments are identical to the provisions of
those sections as adopted by the Parks and Wildlife Commission on January
20, 2000, and submitted on February 15, 2000, for publication in the March
3, 2000, issue of the
Texas Register
. Due
to circumstance beyond the agency's control involving the publication process
outside of Texas Parks and Wildlife, the Notice of Adoption was not published.
The department therefore must re-propose and re-adopt the regulations. The
department regrets any confusion and stresses that the contents of the proposal
are identical in every respect to the contents of the Notice of Adoption submitted
on February 15, 2000.
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 introduction 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 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.
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
as a result of enforcing or administering the amendments.
Mr. Macdonald also has determined that for each of the first five years
the amendments are in effect, 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.
There will be no effect on small businesses or microbusinesses. 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.
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.
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.
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.
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)-(10)
(No change.)
(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)-(3)
(No change.)
(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.
§65.605.Holding Facility Standards and Care of Deer.
(a)-(b)
(No change.)
[(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 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 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 to 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 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 number of fawns held by the permittee
in each permitted facility, including fawns that have been temporarily relocated
for nursing purposes.
(c)
[
(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 copies, as applicable, of all purchase permits used by the permittee
.
§65.609.Purchase of Deer and Purchase Permit.
(a)-(b)
(No change.)
(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 other party to a transaction at the time that 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)
(No change.)
(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)
(No change.)
(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.
(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)-(d)
(No change.)
(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 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.]
(f)
(No change.)
(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)
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 a 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 legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 16, 2001.
TRD-200100986
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 389-4775