31 TAC §65.602, §65.603
The Texas Parks and Wildlife Department proposes amendments
to §65.602 and §65.603, concerning Scientific Breeder's Permits.
The amendment to §65.602, concerning Permit Requirement and Permit Privileges,
would modify the current regulation (which requires the department to approve
the liberation of scientific breeder deer to the wild prior to such liberation)
by prohibiting the release of scientific breeder deer to the wild unless the
deer are released directly from a herd covered by a current, valid herd health
plan approved by Texas Animal Health Commission (TAHC) or the deer meet the
entry requirements for deer established by TAHC. The department’s rule
as currently in effect is a control mechanism intended to prevent the unrestricted
release of deer to the wild and was intended as a component of the department’s
overall strategy to detect and if necessary contain chronic wasting disease
(CWD), which is necessary to protect both the interests of deer breeders and
the health of a public resource that generates approximately $600 million
per year in economic activity associated with hunting.
The amendment to §65.603, concerning Application and Permit Issuance,
would require permittees who enlarge existing pens or add new pens to a facility
to submit a diagram of the additions or enlargements prior to placing deer
in them. The amendment would also clarify that no diagrams need be submitted
with annual permit renewals provided the facility has not been enlarged or
added to. The department would like to make clear that the diagram requirement
is not subject to approval or disapproval by the department. The amendment
is necessary to enable wardens and biologists to accurately track the numbers
and location of white-tailed deer in or originating from scientific breeder
facilities.
The amendment to §65.602, as well as several other previous rulemakings,
are in response to the emergence of CWD in both captive and free-ranging deer
populations in other states, which is of 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 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.
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 and local governments as a result of enforcing
or administering the rules.
Mr. Macdonald has also determined that for each of the first five years
the rules as proposed are in effect, the public benefit anticipated as a result
of enforcing or administering the rules as proposed will be the protection
of wild, native deer from communicable diseases, thus ensuring the public
of continued enjoyment of the resource, as well as the protection of the multi-million
dollar hunting industry.
There will be minimal adverse economic effect on small businesses or microbusinesses.
Although there is no charge imposed by the Texas Animal Health Commission
for participation in or obtaining a herd health plan, there are minimal direct
costs associated with ear-tagging animals for purposes of identification under
4 TAC Chapter 40. The department is unable to quantify the indirect costs
of compliance, as the effort and infrastructure cost of handling deer varies
widely from facility to facility. Additionally, there is a cost associated
with deer mortalities, in that any mortality within a breeder facility will
have to be tested for CWD. This cost consists of a veterinary visit and the
actual cost of the test. The department estimated the maximum cost at $140
per deceased deer. The charge for a visit varies across the state, but should
not be more than $100, and the diagnostic lab test is $25 for a brainstem
in formalin, or $25 for a complete head, plus a $15 disposal fee by the lab.
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.
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 be submitted to Clayton Wolf, Texas
Parks and Wildlife Department, 111 E. Travis, Suite 200, La Grange, Texas,
78945; (979) 966-0388 (e-mail: clayton.wolf@tpwd.state.tx.us).
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 proposed rules affect Parks and Wildlife Code, Chapter 43, Subchapter
L.
§65.602.Permit Requirement and Permit Privileges.
(a)
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[
, provided the permittee has received written
approval from the department prior to the release
];
(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;
(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 buck deer under the
provisions of Subchapter D of this chapter (relating to Deer Management Permit).
(c)
No person may release a deer
obtained or possessed under this subchapter to the wild unless the person
can prove that the deer:
(1)
came directly from a facility enrolled in a
current, valid herd health plan for cervidae approved by Texas Animal Health
Commission; or
(2)
meets the entry requirements established by
4 TAC §51.10 (relating to Cervidae).
§65.603.Application and Permit Issuance.
(a)
An applicant for
an initial
[
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.
(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
for renewal
[
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.
No person added to a permit under this subsection shall participate in any
activity governed by a permit until the department has received the agent
amendment form.
(f)
If a scientific breeder facility is enlarged
or added to, the permittee shall submit an accurate diagram of the facility,
including the additions or enlargements, to the department. No person shall
introduce or cause the introduction of deer to a pen that has been added or
enlarged unless the diagram required by this subsection is on file at the
department’s Austin headquarters.
(g)
[
(f)
] 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.
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 10, 2003.
TRD-200300964
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2003
For further information, please call: (512) 389-4775