Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 51.
EXECUTIVE
Subchapter F. VEHICLES
31 TAC §51.152
The Texas Parks and Wildlife Department proposes new §51.152,
concerning Assignment and Use of Agency Vehicles. The new section is necessary
to comply with the provisions of Government Code, §2171.1045, which requires
each state agency to adopt rules relating to the assignment and use of the
agency's vehicles.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years that the rule as proposed is in effect, there will
be no fiscal implications to state or local governments as a result of enforcing
or administering the rule.
Mr. Macdonald has also determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as a result
of enforcing or administering the rule as proposed will be the discharge of
the agency's duty to implement the fleet vehicle management plan required
by Government Code, Chapter 2171.
There will be no effect on small businesses, microbusinesses, or persons
required to comply with the rule as proposed.
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 rule 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 rule.
Comments on the proposed rule may be submitted to Doug Schonberner, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;
(512) 389-8108 or 1-800-792-1112 extension 8108 (e-mail: doug.schonberner@tpwd.state.tx.us).
The rule is proposed under Government Code, §2171.1045,
which requires the department to adopt rules relating to the assignment and
use of the agency's vehicles.
The proposed rule affects Government Code, Chapter 2171.
§51.152.Assignment and Use of Agency Vehicles.
(a)
Each agency vehicle, with the exception of a vehicle assigned
to a field employee, shall be assigned to the agency motor pool and be available
for checkout.
(b)
The agency may assign a vehicle to an individual administrative
or executive employee on a regular basis only if the agency makes a written
documented finding that the assignment is critical to the needs and mission
of the agency.
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 April 16, 2001.
TRD-200102165
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 389-4775
Subchapter J. EXEMPTIONS FOR DISABLED VETERANS
31 TAC §53.90
The Texas Parks and Wildlife Department proposes new §53.90,
concerning Exemptions from Stamp Fees. The new rule would exempt disabled
veterans from the fees for the following stamps: waterfowl, turkey, white-winged
dove, archery, muzzleloader, saltwater fishing, and freshwater trout. The
new section is necessary to establish consistency in the department's treatment
of disabled veterans, who are currently exempted by statute from the fees
for hunting and fishing licenses.
Melanie Callahan, Finance Director has determined that for each of the
first five years that the rule as proposed is in effect, there will be fiscal
implications to the department. Assuming that all qualified disabled veterans
who currently hold hunting and fishing licenses also request issuance of stamps,
the estimated fiscal impact for each of the first five years that the proposed
rule is in effect will be a decline in revenue of approximately $43,400. There
will be no fiscal implications for other units of state and local governments
as a result of enforcing or administering the rule.
Ms. Callahan also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as a result
of enforcing or administering the rule as proposed will be consistency in
the department's policy of waiving certain fees for disabled veterans.
There will be a no effect on small businesses, microbusinesses, or persons
required to comply with the rule as proposed.
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 rule as proposed will not have an impact
on 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 rule.
Comments on the proposed rule may be submitted to Judy Doran, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512)
389-4650 or 1-800-792-1112 extension 4650 (e-mail: judy.doran@tpwd.state.tx.us)
The rule is proposed under Parks and Wildlife Code, Chapter 43,
which authorizes the commission to exempt persons from the stamp requirements
of the chapter.
The proposed rule affects Parks and Wildlife Code, Chapter 43.
§53.90.Exemptions from Stamp Fees.
A person meeting the definition of a qualified disabled veteran under
the provisions of Parks and Wildlife Code, §42.012(c), is exempt from
the fees for the stamps listed in this section.
(1)
waterfowl;
(2)
turkey;
(3)
white-winged dove;
(4)
archery;
(5)
muzzleloader;
(6)
saltwater fishing; and
(7)
freshwater trout
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 April 16, 2001.
TRD-200102171
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 389-4775
Subchapter A. HARMFUL OR POTENTIALLY HARMFUL EXOTIC FISH, SHELLFISH, AND AQUATIC PLANTS
31 TAC §57.135
The Texas Parks and Wildlife Department (TPWD) proposes an
amendment to §57.135, concerning a Memorandum of Understanding (MOU)
between TPWD, the Texas Natural Resource Conservation Commission (TNRCC) and
the Texas Department of Agriculture (TDA). The proposed amendment would adopt
by reference a revised MOU adopted by the Texas Natural Resource Conservation
Commission in the January 5, 2001, issue of the
Texas Register
(26 TexReg 204), and make the MOU applicable to the
Texas Department of Agriculture. The proposed amendment is necessary to implement
the provisions of Senate Bill (SB) 873, 76th Legislature, 1999, which amended
Chapter 134 of the Texas Agriculture Code to direct TPWD, TNRCC and TDA to
develop an MOU to coordinate the regulation of matters related to aquaculture.
The current MOU between TPWD and TNRCC covers most, but not all, of the activities
mandated by SB 873 and did not include TDA as a participant. The proposed
amendment to §57.135 would adopt by reference the MOU as it has been
amended by the three agencies as required to implement the additional activities
mandated by SB 873 and to implement the participation of TDA.
Senate Bill 873 requires that TPWD, TNRCC and TDA establish, through an
MOU, an application review committee (ARC) to review wastewater discharge
authorization applications by aquaculture facilities to ensure that the proposed
discharge will not adversely affect a bay, an estuary, or other water in the
state. The committee must be comprised of one representative from each of
the three agencies.
The amended MOU delineates each agency's responsibilities under the MOU,
outlines coordination procedures for the review of individual permit applications,
registration applications, requests for exemption and notices of intent to
be covered under a general permit and establishes the operating procedures
and scope of the ARC.
A copy of the full text of the proposed MOU may be obtained at the offices
of the Texas Register, or by contacting Ms. Raenell Silcox, Resource Protection
Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
Texas 78744 or by calling (512) 912-7151 or faxing (512) 912-7160, e-mail:
raenell.silcox@tpwd.state.tx.us. Mailed, faxed or e-mailed comments must be
received no later than 30 days from the date of publication of this proposal.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years that the rule as proposed is in effect, there will
be no fiscal implications to state and local governments as a result of enforcing
or administering the rule.
Mr. Macdonald also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as a result
of enforcing or administering the rule as proposed will be the coordination
of the activities of various state agencies with regulatory responsibilities
concerning the aquaculture industry.
There will be a no effect on small businesses, microbusinesses, or persons
required to comply with the rule as proposed.
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 rule as proposed will not have an impact
on 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 rule.
Comments on the proposed rule may be submitted to Raenell Silcox, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;
(512) 912-7152 or 1-800-792-1112 extension 4650 (e-mail: raenell.silcox@tpwd.state.tx.us)
The rule is proposed under Agriculture Code, §134.005, which
requires the commission to adopt rules to carry out its duties under the chapter.
The proposed rule affects Agriculture Code, Chapter 134.
§57.135.Memorandum of Understanding between the Texas Parks and Wildlife Department, [
The provisions of 30 TAC §7.103 (relating to Memorandum of
Understanding (MOU) between the Texas Natural Resource Conservation Commission
(Commission), the Texas Parks and Wildlife Department (TPWD), and the Texas
Department of Agriculture (TDA), which were adopted by TNRCC to take effect
January 9, 2001, are adopted by reference.
[
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 April 16, 2001.
TRD-200102172
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 389-4775
Subchapter C. PERMITS FOR TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS
31 TAC §§65.101, 65.103, 65.107, 65.109, 65.111
The Texas Parks and Wildlife Department proposes amendments
to §§65.101, 65.103, 65.107, 65.109, and 65.111, concerning Permits
for the Trapping, Transporting, and Transplanting of Game Animals and Game
Birds, also known as Triple T permits. The amendment to §65.101, concerning
Definitions, adds a definition for the term 'recruitment,' which is necessary
because the department uses the term in another section to establish criteria
for releases without site inspections. The amendment to §65.103, concerning
Trap, Transport, and Transplant Permit, establishes additional criteria under
which site inspections by department personnel are not required prior to release
and specifies that deer held under a Deer Management Permit cannot be trapped
under a Triple T permit. The amendment is necessary to address requests by
the regulated community. The amendment to §65.107, concerning Permit
Applications and Fees, creates an appeals process for persons dissatisfied
with the decisions of the department with respect to the particulars of permit
activities. The amendment is necessary to create a mechanism for review when
members of the regulated community feel that a department decision needs to
be reconsidered. The amendment to §65.109, concerning Issuance of Permit,
updates a reference to the functional title of department employees authorized
to approve issuance of Triple T permits. The amendment is necessary to accurately
reflect changes made to department functional titles under the State Position
Classification Plan. The change to §65.115, concerning Permit Conditions
and Period of Validity, corrects an obsolete legal citation concerning contested
cases. The amendment is necessary to accurately reflect that contested case
procedure is set forth in Government Code.
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 or 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 more effective
wildlife management as a result of the trapping, transplanting, and transporting
of game animals and game birds.
There will be no effect on small businesses, microbusinesses, or persons
required to comply with the rules as proposed.
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 rule may be submitted to Jerry Cooke, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512)
389-4774 or 1-800-792-1112 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).
The rules are proposed Parks and Wildlife Code, Chapter 43, Subchapter
E, which requires the commission to adopt rules for the content of wildlife
stocking plans, certification of wildlife trappers, and the trapping, transporting,
and transplanting of game animals and game birds.
The proposed rules affect Parks and Wildlife Code, Chapter 43, Subchapter
E.
§65.101.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)
Amendment--A specific alteration or revision of currently
permitted activities, the effect of which does not constitute, as determined
by the department, a new trapping, transporting and transplanting operation.
(2)
Certified Wildlife Trapper--An individual who receives
a department-issued permit pursuant to this section.
(3)
Natural Habitat--The type of site where a game animal or
game bird normally occurs and existing game populations are not dependent
on manufactured feed or feeding devices for sustenance.
(4)
Nuisance Squirrel--A squirrel that is causing damage to
personal property.
(5)
Overpopulation--A condition where the habitat is being
detrimentally affected by high animal densities, or where such condition is
imminent.
(6)
Permittee--Any person authorized by a permit to perform
activities governed by this subchapter.
(7)
Recruitment--The Fall survey estimate
of the number of fawns on a property.
(8)
[
(9)
[
(10)
[
(11)
[
§65.103.Trap, Transport, and Transplant Permit.
(a)
For the purposes of this subchapter, the content of a wildlife
stocking plan [
(1)
the release will not exceed a ratio of one
white-tailed deer per 200 acres at the release site; however, when the accumulated
releases on a tract result in a ratio of one deer to 200 acres, no further
releases shall take place unless a site inspection has been performed by the
department
; or
(2)
the property has been issued Level III
MLD permits within the three years immediately preceding the release; and
(A)
the number of doe deer to be trapped does
not exceed the number of MLD permits issued for antlerless deer on the release
site for the preceding year;
(B)
the number of deer to be released does
not cause the total population of deer on the release site to exceed the total
population size specified in a management plan under the provisions of §65.25
of this title; and
(C)
the harvest quota under §65.26 of
this title (relating to Managed Lands Deer Permits) for the release site would
not be greater than 50% of recruitment.
(b)
Applications received by the department between September
1 and November 15 in a calendar year shall be approved or denied within 45
days of receipt.
(c)
The department may deny a permit application if the department
determines that:
(1)
the removal of game animals or game birds from the trap
site may be detrimental to existing populations or systems;
(2)
the removal of game animals or game birds may detrimentally
affect the population status on neighboring properties;
(3)
the release of game animals or game birds at the release
site may be detrimental to existing populations or systems;
(4)
the release site is outside of the suitable range of the
game animal or game bird;
(5)
the applicant has misrepresented information on the application
or associated wildlife stocking plan; [
(6)
the activity identified in the permit application does
not comply with the provisions of the department's stocking policy
; or
[
(7)
the trapping activity would involve deer
held under a Deer Management Permit.
(d)
A buck deer transported under the provisions of this subchapter
shall have its antlers removed prior to transport, unless:
(1)
the transport takes place between February 10 and March
31 of a calendar year; or
(2)
the trap site and the release site are owned by the same
person. The sites shall be contiguous, but may be separated by a water body
or public roadway.
(e)
The department may establish trapping periods, based on
biological criteria, when the trapping, transporting, and transplanting of
game animals and game birds under this section by individuals will be permitted.
(f)
The department may, at its discretion, require the applicant
to supply additional information concerning the proposed trapping, transporting,
and transplanting activity when deemed necessary to carry out the purposes
of this subchapter.
(g)
Game animals and game birds killed in the process of conducting
permitted activities shall count as part of the total number of game animals
or game birds authorized by the permit to be trapped.
§65.107.Permit Applications and Fees.
(a)
Permit applications.
(1)
Application for permits authorized under this subchapter
shall be on a form prescribed by the department.
(2)
A single application may specify multiple trap and/or release
sites.
(3)
A single application may not specify multiple species of
game birds and/or game animals.
(4)
The application must be signed by:
(A)
the applicant;
(B)
the landowner or agent of the trap site(s); and
(C)
the landowner or agent of the release site(s).
(5)
The applicant may designate certain persons and/or companies
that will be involved in the permitted activities, including direct handling,
transport and release of game animals or game birds. In the absence of the
permittee, at least one of the named persons and/or companies shall be present
during the permitted activities.
(b)
Appeals. An applicant for a permit under
this subchapter may appeal the decisions of the department concerning the
stipulations of a permit. All appeals involving the provisions of paragraphs
(1) and (2) of this subsection shall be resolved within 10 days of notification
of the department by the person making the appeal.
(1)
An applicant seeking to appeal the decisions of the department
with respect to permit issuance under this subchapter shall first contact
the immediate in-line supervisor of the TPW employee responsible for authorizing
the permitted activities.
(2)
If the determination of the immediate in-line supervisor
is unsatisfactory to the applicant, the applicant is entitled to have the
appeal presented to an appeals panel consisting of the Wildlife Division Regional
Director and District Leader with jurisdiction, the White-tailed Deer Program
Leader, and the Game Branch chief. The decision of the panel is final.
(3)
If the determination of the panel is unsatisfactory to
the applicant, the applicant is entitled to have the appeal presented to the
Wildlife Division staff and the Private Lands Advisory Board for the purpose
of determining if regulatory revision is necessary.
(c)
[
(1)
The department shall charge a nonrefundable application
processing fee of $150 for permits authorized pursuant to this subchapter.
(2)
The department shall charge a nonrefundable application
processing fee of $25 for amendments to existing permits.
(3)
The department will not process any permit application
unless the application fee has been received by the department.
(4)
Applications to trap, transport, and transplant nuisance
squirrels are exempt from application fees.
(5)
Applications for urban white-tailed deer removal permits
that specify trap sites consisting solely of property owned by a political
subdivision or institution of higher education of this state are exempt from
application fees.
§65.109.Issuance of Permit.
Permits authorized under this subchapter:
(1)
will be issued only if the activities identified in the
application are determined by the department to be in accordance with the
department's stocking policy;
(2)
will be issued only if the application and any associated
materials are approved by a Texas Parks and Wildlife Department (TPWD) biologist
classified not less than
Manager II
[
(3)
shall not be issued to individuals who are not in compliance
with the reporting requirements specified in §65.115 of this title (relating
to Reports);
(4)
shall not be issued to applicants who have been finally
convicted, during the two-year period immediately preceding the date of application,
of any violation of the provisions of this subchapter; and
(5)
do not exempt an applicant from the requirements of §§55.142-55.152
of this title (relating to Aerial Management of Wildlife and Exotic Animals).
§65.111.Permit Conditions and Period of Validity.
(a)
A permittee may distribute the cost of permitted activities
by entering into cost-sharing agreements with other parties involved, but
such cost-sharing arrangements shall not violate the provisions of §65.117
of this title (relating to Prohibited Acts).
(b)
If it is determined by the department that any condition
listed on the permit has been violated, the department may suspend the permit
after notifying the supervisory permittee that a violation has occurred. The
supervisory permittee shall have 14 days from the date of such notice to request
a hearing pursuant to
Government Code, Chapter 2001
[
(c)
Permits issued pursuant to this subchapter shall expire
at the end of the specified trapping period for that species. The maximum
period of validity for a permit issued under this subchapter shall not exceed
one year.
(d)
Unattended trapping equipment and devices at trap sites
within incorporated areas shall be labeled with the owner's name, complete
address, and telephone number; the date of trap site establishment; and the
date the trap site was last visited.
(e)
Unattended trap sites that may pose a human health and
safety hazard shall be clearly marked as such.
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 April 16, 2001.
TRD-200102167
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 389-4775
31 TAC §§65.131 - 65.133
The Texas Parks and Wildlife Department proposes amendments
to §§65.131- 65.133, concerning Deer Management Permit. The amendment
to §65.131, concerning Deer Management Permit, corrects an inaccurate
internal reference and adds qualifying language to the provisions of subsection
(c). The amendment is necessary to maintain accurate cross-references and
to prevent conflicts with other amendments that would allow deer from a scientific
breeder's facility to be temporarily relocated into a Deer Management Permit
facility. The amendment to §65.132, concerning Permit Application and
Fees, would establish a one-year period of validity for permits issued under
the subchapter, and would update a reference to a department functional title.
The amendment is necessary to establish an explicit period of validity for
permits, and to reflect recent changes to the State Position Classification
Plan. The amendment to §65.133, concerning General Provisions, would
allow deer held under a scientific breeder's permit to be temporarily introduced
to a pen containing deer held under a deer management permit, and would allow
the deer to be recaptured. The amendment is necessary to address requests
from the regulated community.
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 or 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 ability of
persons to apply additional wildlife management techniques under the supervision
of the department.
There will be no effect on small businesses, microbusinesses, or persons
required to comply with the rules as proposed.
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 Jerry Cooke, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512)
389-4774 or 1-800-792-1112 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).
The rules are proposed Parks and Wildlife Code, §46.603,
which authorizes the commission to establish conditions governing a permit
issued under Parks and Wildlife Code, Chapter 43, Subchapter R.
The proposed rule affects Parks and Wildlife Code, Chapter 43, Subchapter
R.
§65.131.Deer Management Permit (DMP).
(a)
The department may issue a Deer Management Permit to a
person who has met the requirements of
§65.132
[
(b)
A person who possesses a valid Deer Management Permit may
trap and detain wild deer according to the provisions of this subchapter and
Parks and Wildlife Code, Chapter 43, Subchapter R. A permittee shall abide
by the terms of an approved deer management plan.
(c)
Except as provided in this subchapter, the
[
(d)
Changes to an approved Deer Management Plan shall be considered
as a new application.
§65.132.Permit Application and Fees.
(a)
Applicants for a DMP shall complete and submit
an application on a form supplied by the department. Applications for a DMP
shall be accompanied by a deer management plan containing the information
stipulated by the application form and the nonrefundable fee as specified
in §53.8 of this title (relating to Miscellaneous Wildlife Licenses and
Permits). Incomplete applications will be returned to the applicant and will
not be processed until complete. No DMP may be issued until the applicant's
deer management plan has been approved by a department employee classified
as
Manager II
[
(b)
A permit under this subchapter is valid
from September 1 of one year through August 31 of the year immediately following.
§65.133.General Provisions.
(a)
Deer detained under a DMP shall not be commingled with
deer held under any other license or permit, except as provided under this
subchapter.
(b)
Except as provided in subsection (c) of this section,
any
[
(c)
If approved under the deer management
plan, deer held under the provisions of Subchapter T of this chapter (relating
to Scientific Breeder's Permit) may be introduced into a pen containing deer
detained under a DMP. Such deer remain private property and may be recaptured;
however, any such deer within the pen when wild deer are released under the
provisions of §65.136 of this title (relating to Release) become wild
deer.
(d)
[
(e)
[
(f)
[
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 April 16, 2001.
TRD-200102163
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 389-4775
Chapter 53.
FINANCE
Chapter 57.
FISHERIES and ] the Texas Natural Resource Conservation Commission , and the Texas Department of Agriculture.
The Texas Parks and
Wildlife Department (TPWD) incorporates by reference the memorandum of understanding
between the Texas Natural Resource Conservation Commission (TNRCC) and TPWD
as published in the January 3, 1997 , edition of the Texas Register (22 TexReg
24) and as adopted by the TNRCC on July 22, 1997.
]
Chapter 65.
WILDLIFE
(7)
] Release Site--The specific
destination of game animals or game birds to be relocated pursuant to a permit
issued under this subchapter.
(8)
] Stocking Policy--The policy
governing stocking activities made or authorized by the department as specified
in §§52.101-52.105, 52.201, 52.202, 52.301 and 52.401 of this title
(relating to Stocking Policy).
(9)
] Supervisory permittee--A person
who supervises the activities of permittees authorized to conduct activities.
(10)
] Trap Site--The specific source
of game animals or game birds to be relocated pursuant to a permit issued
under this subchapter.
shall
] for a release site shall be the same as that
required for a wildlife management plan under the provisions of §65.25
of this title (relating to Wildlife Management Plan). No inspection by the
department of a release site is required if
:
or
]
.
]
(b)
] Permit fees.
CS VI
];
Chapter
51, Subchapter B of this title (relating to Practice and Procedure in Contested
Cases)
].
Subchapter D. DEER MANAGEMENT PERMIT
§65.126
] of this title (relating to Permit Application and Fees).
The
] provisions of Parks and Wildlife Code, Chapter 43, Subchapters
C, E, and L do not apply to deer lawfully detained under a valid DMP, and
no other permit or license is necessary to conduct activities authorized under
a DMP.
Conservation Scientist VI
] or higher.
Any
] deer introduced into a pen containing deer detained
under a DMP become wild deer and must be released according to the provisions
of §65.130 of this title (relating to Release).
(c)
] The holder of a DMP is entitled
to the issuance of Managed Lands Deer Permits subject to the provisions of §65.26
of this title (relating to Managed Lands Deer (MLD) Permits).
(d)
] A DMP authorizes the permittee
to detain deer for natural breeding only.
(e)
] No deer, parts of deer, or
by-products of any deer held under a DMP may be sold, bartered, or traded
for any consideration.
Subchapter N. MIGRATORY GAME BIRD PROCLAMATION