Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 65.
WILDLIFE
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
3.
SEASONS AND BAG LIMITS--FISHING PROVISIONS
31 TAC §65.78
The Texas Parks and Wildlife Commission adopts an amendment
to §65.78, concerning the Statewide Hunting and Fishing Proclamation,
with changes to the proposed text as published in the September 27, 2002,
issue of the
Texas Register
(27 TexReg 9138).
The change shifts the calendar for the proposed 16-day closed season for crab
traps from March 1 through March 16, 2003 to February 15 through March 2,
2003.
The crab resources in Texas support valuable sport and commercial fisheries.
Over 6 million pounds are harvested annually with a dockside value of $4.0
million. Responsibility for establishing seasons, bag limits, means and methods
for taking wildlife resources, including crabs, is delegated to the Texas
Parks and Wildlife Commission (TPWC) under Parks and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983). The
crab fishery is managed using guidelines in the Crab Fishery Management Plan
(FMP) adopted by the Commission in 1992 (Parks and Wildlife Code, §78.115).
That FMP noted concerns about abandoned crab traps. Senate Bill 1410 from
the 77th Texas Legislature provided the Commission new authority to establish
a season closed to the use of crab traps for the purpose of removing abandoned
crab traps. The legislation authorizes the Commission to create a closed season
lasting a minimum of 10 days to a maximum of 30 days beginning no earlier
than January 31st and ending no later than April 1st during any year of a
closure.
The establishment of a closure should allow for the efficient removal of
abandoned traps from state waters and protect crabs and other aquatic organisms
through the removal of these traps. During the 2002 closed season 8,070 traps
were collected and removed from the public waters of the state. TPWD biologists
and observers randomly selected 647 traps to determine the composition of
organisms within the abandoned traps. Twenty-one different species were encountered.
The most frequent species observed were blue crabs and stone crabs, which
made up over 77% of the organisms released. In addition, recreationally and
commercially important finfish species including black drum, red drum, flounder,
spotted seatrout and sheepshead were reported and released.
Currently lost or abandoned traps are subject to removal from the water
through routine law enforcement activities. The closed season will create
efficiency by clearly identifying abandoned traps for removal by law enforcement
and volunteers. The closure provides easy identification of abandoned traps
and allows for use of volunteers in removal of the traps after the seventh
day of the closure when the traps become litter by definition in statute.
Anticipated benefits to the crab fishery include a reduction in current
crab mortality associated with lost or abandoned traps. These crabs will be
available for subsequent harvest and contribution to the spawning stock. Based
on the number of traps removed in 2002 and the observed species found within
the traps, it is estimated that on the day of the trap-removal event over
11,000 organisms were saved. The one-day release prevented the waste of over
5,500 crabs, 3,000 stone crabs, 855 sheepshead, and 36 diamond back terrapins.
Studies from Louisiana indicate an average loss of 26 crabs/trap/year when
no degradable panels are installed. Based on the observed traps, 66 % of the
traps collected did not appear to have degradable panels. Using the percent
that did not have degradable panels and the total traps collected, it is estimated
that over 138,000 crabs were saved on an annual basis due to the removal of
abandoned traps in 2002. Based on average weights of 0.5 pounds/crab, the
direct benefit from the cleanup in 2002 was 69,000 additional pounds of crabs
available for harvest throughout the year. These gains do not consider the
additional benefits associated with increased spawning capacity through reduced
fishing mortality associated with these abandoned traps.
The benefits listed above are based on the cleanup of 2002. The benefits
for this year may likely be less due to fewer traps that may be available
for removal, but certainly benefits will be derived.
The public benefits anticipated as a result of enforcing or administering
the rules as proposed will be: a) better achievement of optimum yield for
the crab fishery; b) increased conservation through reduced waste of the crab
resource and other aquatic organisms, and; c) increased boating safety by
decreasing current navigation hazards. Overall, increased benefits to the
public will be to provide on a continuing basis greater protection and enhancement
of the crab population.
The rule will function by establishing a 16-day closed season for crabbing,
during which time abandoned crab traps may be removed. The ultimate function
of the rule will be to conserve the marine resources of the state by removing
abandoned crab traps that if left in place would continue to trap and kill
organisms.
Comments made by the public concerning the proposed rules were presented
to the Texas Parks and Wildlife Commission. From October 17 through October
24, 2002 four public hearings were held in coastal counties. Approximately
41 people were in attendance at the public hearings and 24 offered comment.
In addition to those speaking at the hearings, the department received 28
additional comments through signed statements, e-mails, or by telephone. At
the final public hearing in Austin on November 7, 2003 no public comments
were received by the Commission. The comments received ranged from support
of the proposed closure and timeframe to not supporting the proposed closure
at all for the next year. An individual comment may have included comments
that can be categorized in more than one of the general comments summarized
as follows.
There were 9 individual comments made in support of the closure. Two of
these comments were from individuals who additionally represented the Recreational
Fishing Alliance. Some of these individuals also asked that the closure occur
every year.
TPWD agrees with the need for the closure this year based on the number
of traps picked up last year. Since this is only the second year of the cleanup
program, the Department needs to again review the cleanup effort after this
closure to determine the need and extent of a closure for next year. The flexibility
of closed areas and the option to close only in years when needed was provided
by the legislation in Senate Bill 1410. The Department believes at the current
time the closure should be reviewed annually to determine the need and extent
of the closure in each subsequent year.
There were 7 individual comments that indicated some opposition to the
proposed closure. These individuals spoke to one or more of the following
options: do not have a closed season; do not close the entire coast, and/or
do not close every year.
TPWD disagrees with those comments. After the initial closure picked up
over 8000 traps there is need to have another closure. A coastwide closure
with no exemptions provides the simplest closure for the Department and reduces
confusion for volunteers who help in the cleanup. Since this is the second
year of the cleanup program, the Department again will review the cleanup
results to determine the need and extent of any closure in subsequent years.
The Department believes at the current time the closure should be reviewed
annually.
There were 31 individual comments that spoke to moving the closure back
into February. Some of those comments suggested an earlier timeframe than
last year or the same time frame as last year, which was approximately the
last two weeks in February.
TPWD agrees with these comments. The proposed closure as published was
modified to change the closed season from March 1 through March 16 to February
15 through March 2, 2003. The original proposal was based on a recommendation
from the Department Crab Advisory Committee. The public comments indicate
strong support to move the closure back into February similar to the closure
in 2002. In addition, from the period 1996-2000 average coastwide landings
is lower in February versus March, thus the Department believes this change
will reduce the overall dockside loss to the industry.
The rule is adopted under Parks and Wildlife Code, §78.115,
which authorizes the commission to establish by rule a closed season for the
use of crab traps in the public water of Texas, and requires that the closed
season be not less than ten days or more than 30 days between January 31 and
April 1 in years designated by the Commission. In addition, Parks and Wildlife
Code, Chapter 61, authorizes the commission to regulate periods of time, means,
methods, and places where it is lawful to hunt, take, or possess aquatic animal
life, including crabs.
§65.78.Crabs and Ghost Shrimp.
(a)
Bag, possession and size limits.
(1)
It is unlawful while fishing on public waters to have in
possession crabs or ghost shrimp in excess of the daily bag limit as established
for those waters.
(2)
There are no bag, possession, or size limits on crabs or
ghost shrimp except as provided in these rules.
(3)
It is unlawful to:
(A)
possess egg-bearing (sponge) crabs or stone crabs;
(B)
possess blue crabs less than five inches in width (measured
across the widest point of the body from tip of spine to tip of spine) except
that not more than 5.0%, by number, of undersized crabs may be possessed for
bait purposes only, if placed in a separate container at the time of taking;
(C)
remove or possess the left claw from a stone crab (each
retained claw must be at least 2-1/2 inches long as measured from the tip
of the immovable claw to the first joint behind the claw);
(D)
fail to return immediately a stone crab to the waters where
caught;
(E)
buy or sell a female crab that has its abdominal apron
detached; or
(F)
possess more than 20 ghost shrimp (Callichiris islagrande,
formerly Callianassa islagrande) per person.
(b)
Seasons. There are no closed seasons for the taking of
crabs, except as listed within this section.
(c)
Closed Crab Trap Season: It is unlawful to place, fish,
or leave a crab trap or crab trap component in the coastal waters of the state
from 12:01 am Saturday, February 15, 2003 through 12:00 midnight Sunday, March
2, 2003.
(d)
Places. There are no places closed for the taking of crabs,
except as listed within this section.
(e)
Devices, means and methods.
(1)
It is unlawful to take, attempt to take, or possess crabs
caught by devices, means, or methods other than as authorized in this subchapter.
(2)
Only the following means and methods may be used for taking
crabs:
(A)
Crab line. It is unlawful to fish a crab line for commercial
purposes that is not marked with a floating white buoy not less than six inches
in height, six inches in length and six inches in width bearing the commercial
crab fisherman's license plate number in letters of a contrasting color at
least two inches high attached to the end fixtures.
(B)
Crab trap. It is unlawful to:
(i)
fish for commercial purposes under authority of a commercial
crab fisherman's license with more than 200 crab traps at one time;
(ii)
fish for commercial purposes under authority of a commercial
finfish fisherman's license with more than 20 crab traps at one time;
(iii)
fish for non-commercial purposes with more than six crab
traps at one time;
(iv)
fish a crab trap in the fresh waters of this state;
(v)
fish a crab trap that:
(I)
exceeds 18 cubic feet in volume;
(II)
is not equipped with at least two escape vents (minimum
2-3/8 inches inside diameter) in each crab-retaining chamber, and located
on the outside trap walls of each chamber; and
(III)
is not equipped with a degradable panel. A trap shall
be considered to have a degradable panel if one of the following methods is
used in construction of the trap:
(-a-)
the trap lid tie-down strap is secured to the trap by
a loop of untreated jute twine (comparable to Lehigh brand # 530) or sisal
twine (comparable to Lehigh brand # 390). The trap lid must be secured so
that when the twine degrades, the lid will no longer be securely closed; or
(-b-)
the trap lid tie-down strap is secured to the trap by
a loop of untreated steel wire with a diameter of no larger than 20 gauge.
The trap lid must be secured so that when the wire degrades, the lid will
no longer be securely closed; or
(-c-)
the trap contains at least one sidewall, not including
the bottom panel, with a rectangular opening no smaller than 3 inches by 6
inches. Any obstruction placed in this opening may not be secured in any manner
except:
(-1-)
it may be laced, sewn, or otherwise obstructed by a single
length of untreated jute twine (comparable to Lehigh brand # 530) or sisal
twine (comparable to Lehigh brand # 390) knotted only at each end and not
tied or looped more than once around a single mesh bar. When the twine degrades,
the opening in the sidewall of the trap will no longer be obstructed; or
(-2-)
it may be laced, sewn, or otherwise obstructed by a single
length of untreated steel wire with a diameter of no larger than 20 gauge.
When the wire degrades, the opening in the sidewall of the trap will no longer
be obstructed; or
(-3-)
the obstruction may be loosely hinged at the bottom of
the opening by no more than two untreated steel hog rings and secured at the
top of the obstruction in no more than one place by a single length of untreated
jute twine (comparable to Lehigh brand # 530), sisal twine (comparable to
Lehigh brand # 390), or by a single length of untreated steel wire with a
diameter of no larger than 20 gauge. When the twine or wire degrades, the
obstruction will hinge downward and the opening in the sidewall of the trap
will no longer be obstructed.
(vi)
fish a crab trap for commercial purposes under authority
of a commercial crab fisherman's license:
(I)
that is not marked with a floating white buoy not less
than six inches in height, six inches in length, and six inches in width attached
to the crab trap;
(II)
that is not marked with a white buoy bearing the commercial
crab fisherman's license plate number in letters of a contrasting color at
least two inches high attached to the crab trap;
(III)
that is marked with a buoy bearing a commercial crab
fisherman's license plate number other than the commercial crab fisherman's
license plate number displayed on the crab fishing boat;
(vii)
fish a crab trap for commercial purposes under authority
of a commercial finfish fisherman's license:
(I)
that is not marked with a floating white buoy not less
than six inches in height, six inches in length, and six inches in width attached
to the crab trap;
(II)
that is not marked with a white buoy bearing the letter
'F' and the commercial finfish fisherman's license plate number in letters
of a contrasting color at least two inches high attached to the crab trap;
(III)
that is marked with a buoy bearing a commercial finfish
fisherman's license plate number other than the commercial finfish fisherman's
license plate number displayed on the finfish fishing boat;
(viii)
fish a crab trap for non-commercial purposes without
a floating white buoy not less than six inches in height, six inches in length,
and six inches in width, bearing a two-inch wide center stripe of contrasting
color, attached to the crab trap;
(ix)
fish a crab trap in public salt waters without a valid
gear tag. Gear tags must be attached within 6 inches of the buoy and are valid
for 30 days after date set out.
(x)
fish a crab trap within 200 feet of a marked navigable
channel in Aransas County; and in the water area of Aransas Bay within one-half
mile of a line from Hail Point on the Lamar Peninsula, then direct to the
eastern end of Goose Island, then along the southern shore of Goose Island,
then along the eastern shoreline of the Live Oak Peninsula past the town of
Fulton, past Nine Mile Point, past the town of Rockport to a point at the
east end of Talley Island including that part of Copano Bay within 1,000 feet
of the causeway between Lamar Peninsula and Live Oak Peninsula or possess,
use or place more than three crab traps in waters north and west of Highway
146 where it crosses the Houston Ship Channel in Harris County;
(xi)
remove crab traps from the water or remove crabs from
crab traps during the period from 30 minutes after sunset to 30 minutes before
sunrise;
(xii)
place a crab trap or portion thereof closer than 100
feet from any other crab trap, except when traps are secured to a pier or
dock;
(xiii)
fish a crab trap in public waters that is marked with
a buoy made of a plastic bottle(s) of any color or size; or
(xiv)
use or place more than three crab traps in public waters
of the San Bernard River north of a line marked by the boat access channel
at Bernard Acres.
(C)
Sand pump. It is unlawful for any person to use a sand
pump:
(i)
that is not manually operated; or
(ii)
for commercial purposes.
(D)
Other devices. Devices legally used for taking fresh or
salt water fish or shrimp may be used to take crab if operated in places and
at times authorized by a proclamation of the Parks and Wildlife Commission
or the Parks and Wildlife Code.
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 November 26, 2002.
TRD-200207882
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: December 16, 2002
Proposal publication date: September 27, 2002
For further information, please call: (512) 389-4775
31 TAC §§65.609 - 65.611
The Texas Parks and Wildlife Commission adopts amendments
to §§65.609-65.611, concerning Scientific Breeder's Permits, with
changes to the proposed text as published in the September 27, 2002, issue
of the
Texas Register
(27 TexReg 9141). The
change to §65.609, concerning Purchase of Deer and Purchase Permit, eliminates
the last sentence of subsection (c), which was inadvertently not indicated
for removal in the proposed text.
The emergence of 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 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.
The Texas Parks and Wildlife Department has worked closely with the Texas
Animal Health Commission to characterize the threat potential of CWD to native
wildlife and livestock, and to determine the appropriate level of response.
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 implementation of reasonable
rules to prevent the spread of the disease if, in fact, it is present in Texas
is warranted. At the present time, regulations promulgated by the Texas Animal
Health Commission are deemed by the department to be sufficiently stringent
to prevent the importation of diseased cervids into the state. Therefore,
the department is rescinding the temporary suspension on importation of deer.
However, the department remains concerned about potential opportunities for
infection, even those of a relatively slight probability. Therefore, the department
feels it is necessary to stipulate that deer moved under the provisions allowing
temporary relocation must remain in Texas at all times, since even a temporary
removal beyond the department’s jurisdiction and oversight represents
a potential for the acquisition of CWD. Further, the department is concerned
that a lack of clarity in rules governing purchase permit documentation creates
the possibility of a situation in which a person potentially could be lawfully
in possession of scientific breeder deer with no documentation whatsoever.
This scenario would pose tracking difficulties for the department if such
deer were to test positive for CWD and the person in possession were unable
or unwilling to divulge the origin of the animals. Therefore, the department
will require at least one party to each transaction to have a purchase permit
on their person while during any transaction.
The amendment to §65.609, concerning Purchase Permit and Purchase
of Deer will function by rescinding the temporary suspension on importation
of deer as it relates to purchase permits.
The amendment to §65.610, concerning Transport of Deer and Transport
Permit, will function by stipulating that deer may not leave the state while
being temporarily relocated for nursing or veterinary purposes. The amendment
also rescinds the temporary restriction on the importation of deer as it relates
to transport permits.
The amendment to §65.611, concerning Prohibited Acts, will function
by creating an offense for the act of selling deer if at least one party to
the transaction does not possess a valid purchase permit.
One commenter opposed adoption of any rule that allowed the importation
of deer. The department disagrees and responds that importation per se is
not the issue. Rather, the issue is one of acceptable and effective monitoring
and detection. The department is confident that regulations imposed and administered
by the Texas Animal Health Commission will be sufficient to prevent the importation
of infected deer. No changes were made as a result of the comment.
One commenter opposed adoption of the rule, stating that the rule contained
no testing requirements and that Texas already has plenty of deer and needs
no more. The agency disagrees with the comment, specifically with respect
to testing requirements. The testing requirements for imported deer are administered
under the rules of the Texas Animal Health Commission. Those rules impose
rigorous standards for any source of imported deer; if the source cannot furnish
the required documentation to verify that the deer come from certified disease-free
herds, then the deer cannot be imported into Texas. No changes were made as
a result of the comment.
The Texas Wildlife Association commented in support of the 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:
(1)
the 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 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.
(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.
§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,
provided the deer do not leave this state. 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, provided the deer do not leave this state;
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 or lawful out-of-state source.
(c)
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.
(d)
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.
(e)
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.
(f)
A transport permit is valid 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)
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, 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.
§65.611.Prohibited Acts.
(a)
Deer obtained from the wild under the authority of a permit
or letter of authority issued pursuant to Parks and Wildlife Code, Chapter
43, Subchapter C, E, or R shall not be commingled with deer held in a permitted
scientific breeder facility.
(b)
A person commits an offense if that person places or holds
deer in captivity at any place or on any property other than property for
which a scientific breeder's permit, or a permit authorized under other provisions
of this title or Parks and Wildlife Code, is issued, except that a permittee
may transport and temporarily hold deer at another location for breeding,
nursing, or veterinary purposes as provided in this subchapter.
(c)
No live deer taken from the wild may be possessed under
a scientific breeder's permit or held in a scientific breeder's facility.
(d)
No deer shall be held in a trailer or other vehicle of
any type except for the purpose of immediate transportation from one location
to another.
(e)
Possession of a scientific breeder's permit is not a defense
to prosecution under any statute prohibiting abuse of animals.
(f)
No scientific breeder shall hunt or kill, or allow the
hunting or killing of deer held pursuant to this subchapter.
(g)
No scientific breeder shall exceed the number of deer allowable
for the permitted facility, as specified by the department on the scientific
breeder's permit.
(h)
No person may sell deer to another person unless either
the purchaser or the seller possesses a purchase permit valid for that specific
transaction.
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 November 26, 2002.
TRD-200207883
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: December 16, 2002
Proposal publication date: September 27, 2002
For further information, please call: (512) 389-4775
Chapter 356.
GROUNDWATER MANAGEMENT
Subchapter B. DESIGNATION OF GROUNDWATER MANAGEMENT AREAS
Subchapter T. SCIENTIFIC BREEDER'S PERMITS
Part 10.
TEXAS WATER DEVELOPMENT BOARD