31 TAC §65.609, §65.610
The Texas Parks and Wildlife Commission adopts amendments
to §65.609 and §65.610, concerning Scientific Breeder's Permits,
with changes to the proposed text as published in the March 1, 2002, issue
of the
Texas Register
(27 TexReg 1464). The
change to §65.609, concerning Purchase of Deer and Purchase Permit, incorporates
the provisions of proposed §65.611(i) and (j). The change to §65.610,
concerning Transport of Deer and Transport Permit, incorporates the provisions
of proposed §65.611(j). The changes are necessary because the commission
has deferred final action on proposed §65.601, concerning Definitions,
and §65.611, concerning Prohibited Acts, in response to public comment.
However, proposed §65.611 as published contains certain provisions the
commission wishes to adopt at this time. The provisions being deferred would
have imposed survey and monitoring requirements for captive deer held under
a scientific breeder's permit. The commission has deferred action on those
provisions in order to determine whether voluntary actions undertaken by scientific
breeders will be sufficient to satisfy concerns about the early detection
of disease in captive herds. The provisions of proposed §65.611(j), as
incorporated in both §65.609 and §65.610 have been altered to replace
the word 'obtained' with the word 'possessed' in order to explicitly reflect
the commission's statutory authority to regulate the possession of white-tailed
deer under a scientific breeder's permit.
The emergence of tuberculosis (TB) and chronic wasting disease (CWD) in
both captive and free-ranging deer populations in other states is cause for
concern due to the potential threat to wild deer and livestock populations
in Texas. The Texas Animal Health Commission (TAHC), which is charged with
controlling disease threats to domestic livestock, recently prohibited the
importation of white-tailed deer, mule deer, black-tailed deer, and elk into
the state of Texas from Colorado in response to the presence of free-ranging
CWD in Colorado herds. Free-ranging CWD also has been detected in populations
in Nebraska and Wyoming, and is known to have occurred in captive herds in
Montana, South Dakota, Oklahoma, Kansas, and Nebraska. Further, since the
publication of the proposed rules, free-ranging CWD has emerged in Wisconsin.
The biological and epidemiological nature of CWD is not well understood
and has not been extensively studied, but it is known to be communicable,
incurable, and invariably fatal to certain species of cervids. At the current
time, there is no live test for CWD; animals suspected of having CWD must
be euthanized in order to obtain brain tissue for definitive diagnosis.
Tuberculosis, though well understood, is difficult to eradicate in free-ranging
populations. Currently the state of Michigan is involved in a very expensive,
extremely time-consuming effort to control TB in free-ranging deer. Consequently,
TAHC requires that animals coming from Michigan to Texas must originate from
a certified TB-free facility. Additionally TAHC requires TB testing for any
animal that comes into Texas from any state, except for properties that have
a TB-free status.
Texas Parks and Wildlife regulates the importation of white-tailed and
mule deer under the provisions of Scientific Breeder Permit regulations. Currently,
the rules require all deer entering the state to be accompanied by a veterinarian's
statement that the animals are free of evidence of contagious and communicable
diseases, and further require all imported animals to have been tested in
accordance with any applicable regulations of the Texas Animal Health Commission.
The current rules, though helpful, do not adequately address several potential
problems. The first of these concerns CWD. Because CWD has not yet been exhaustively
studied, the peculiarities of its transmission, infection rate, incubation
period, and potential for transmission to other species are not definitively
known. Therefore, it is possible that infected or exposed deer could be unknowingly
imported into Texas, where they could then possibly infect wild deer or domestic
stock. The second concern is that TB, once loose in a free-ranging population,
could quickly spread, resulting in quarantines, depopulation events, and other
expensive and painful containment measures.
Additionally, the provenance of imported deer cannot be reliably established
at the present time, as opposed to the extensive documentation required for
movement of domestic livestock. For instance, a deer might be born in a captive
herd in Kansas, sold as a fawn at auction in Missouri, transported to New
York as a yearling, and then sold as a two-year-old in Texas, making it difficult
and perhaps impossible to ascertain if the animal has ever been at risk of
infection by contact with positive animals. Finally, because deer imported
into Texas are frequently liberated for hunting purposes (1,397 in 2001),
the risk to the multi-billion dollar hunting and livestock industries represented
by even one infected animal among a wild population is considerable.
Texas Parks and Wildlife has worked closely with the Texas Animal Health
Commission to characterize the threat potential of CWD and TB to native wildlife
and livestock, and to determine the appropriate level of response. TAHC possesses
regulatory authority with respect to animal disease issues (in fact, if captive
deer test positive for either disease, the facility is immediately subject
to existing TAHC rules). The department strongly believes that vigilance and
early detection are crucial to minimizing the severity of biological and economic
impacts in the event that an outbreak occurs in Texas, and that the suspension
of importation of deer, pending resolution of the epidemiological uncertainty
surrounding imported deer, is a wise and responsible course of action.
The amendment to §65.609, concerning Purchase of Deer and Purchase
Permit, restricts the purchase of deer to in-state sources only, stipulates
that transport privileges under a purchase permit do not apply to deer from
out of state sources, and requires a transaction-specific purchase permit
be possessed by at least one party to any transaction. The amendment is necessary
to suspend the importation of deer until the epidemiological realities of
deer diseases in other states are fully understood and deer in this state
can be presumed to be safe from infection. The amendment is also necessary
to ensure that any deer sold in this state are capable of being tracked from
owner to owner. The amendment to §65.610, concerning Transport of Deer
and Transport Permit, eliminates current subsection (c) and replaces it with
a provision restricting the validity of a transport permit to the transport
of deer in-state only. The amendment also makes it an offense for any person
to possess a deer obtained from an out-of-state source, except for deer possessed
prior to the effective date of the rulemaking. The amendment is necessary
to eliminate, for the time being, the potential introduction of diseased animals
into the state. The amendment is intended to serve the long-term goal of minimizing
the risk of disease transmission to wild populations of deer from deer possessed
under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L.
The amendment to §65.609 will function by restricting the purchase
of deer to in-state sources only, by stipulating that transport privileges
under a purchase permit do not apply to deer from out of state sources, by
requiring a transaction-specific purchase permit to be possessed by at least
one party during any sale of deer, and by prohibiting the possession of deer
originating from out-of-state sources, except for deer possessed prior to
the effective date of the rule. The amendment to §65.610 will function
by restricting the validity of a transport permit to the transport of deer
in-state only and by making it an offense for any person to possess a deer
obtained from an out-of-state source, except for deer possessed prior to the
effective date of the rulemaking.
One commenter opposed adoption of the proposed rule on the basis that the
suspension of importation was not explicit and would allow persons to disavow
possession of deer by liberating them upon discovery by law enforcement personnel.
The department disagrees with the comment and responds that the rules as adopted
are enforceable with respect to affirmatively establishing a state of possession
in any circumstance. No changes were made as a result of the comment.
Three commenters requested that the commission defer action that would
impose herd monitoring and survey requirements in lieu of voluntary actions
by scientific breeders. The department agrees with the comments and changes
have been made accordingly.
Eight commenters supported adoption of the proposed rules.
Texas Wildlife Association and Texas Deer Association commented in favor
of adoption of the proposed rules.
The amendments are adopted 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.
§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 the holder
of a valid scientific breeder's permit.
(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 has been completed (to include the unique number
of each deer being transferred), 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. A purchase
permit does not authorize and is not valid for the transport of deer into
this state from any other state or country.
(d)
A purchase permit is valid 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)
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)
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.
(i)
No person may sell deer to another person unless either
the purchaser or the seller possesses a purchase permit valid for that specific
transaction.
(j)
Except as provided in this subsection, no person may possess
a deer acquired from an out-of-state source. This subsection does not apply
to deer lawfully possessed prior to the effective date of this subsection.
§65.610.Transport of Deer and Transport Permit.
(a)
The holder of a valid scientific breeder's permit 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.
(4)
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;
(5)
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.
(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 within the state and the deer were legally purchased or obtained from
a scientific breeder.
(c)
A transport permit does not authorize and is not valid
for the transport of deer into this state from any other state or country.
(d)
Except as provided in this subchapter, no person may transport
deer during any open season for deer or during the period beginning 10 days
immediately prior to an open season for deer unless the person 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)
Transport permits shall be effective for 30 days from the
date that the scientific breeder has 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.
(g)
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)
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)
No person may possess, transport, or cause the transportation
of deer in a trailer or vehicle under the provisions of this subchapter 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.
(k)
Except as provided in this subsection, no person may possess
a deer acquired from an out-of-state source. This subsection does not apply
to deer lawfully possessed prior to the effective date of this subsection.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 5, 2002.
TRD-200202153
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 25, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 389-4814