Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 65.
WILDLIFE
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 Commission adopts 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, with changes to the proposed text as
published in the April 27, 2001, issue of the
Texas
Register
(26 TexReg 3137 ). The change to §65.101, concerning
Definitions, alters the definition of 'recruitment' to specify exactly what
is meant by the term 'fawn.' The change to §65.103, concerning Trap,
Transport, and Transplant Permit rewords subsection (a) for grammatical sense
and adds language to subsection (a)(2) to clarify that the release of deer
without a site inspection on properties for which Level III MLD permits have
been issued is contingent upon the property being in compliance with all requirements
of the wildlife management plan for the property. The change also alters language
in paragraph (2) to prevent misunderstandings as to the total number of deer
that can be trapped without a site inspection, and adds the word 'doe' to
subparagraph (B) for consistency's sake. The change further alters subsection
(a)(2)(C) to clarify that the reduction to 50 percent of recruitment applies
to the population goal size. The change to §65.107, concerning Permit
Application and Fees, alters the composition of the appeals panel to include
the Director of the Wildlife Division and allows denied appeals to be reviewed
by the Hunting Advisory Board in addition to the Private Lands Advisory Board,
clarifies that the 10-day period for resolution of appeals is ten working
days, and replaces the word 'necessary' with the word 'appropriate' to better
convey that the intention of the appeals process is to identify anomalies
and address them, rather than to periodically alter the regulations to eliminate
complaints. The change to §65.109, concerning Issuance of Permit, identifies
department employees who are authorized to approve permit applications. The
change to §65.111 alters subsection (b) to eliminate the 14-day window
for appeals, which conflicts with the provisions for contested cases contained
in Government Code.
The amendment to §65.101, concerning Definitions, is necessary because
the terms 'fawn' and 'recruitment' are used in another section to establish
criteria for releases without site inspections. The amendment to §65.103,
concerning Trap, Transport, and Transplant Permit, is necessary to address
requests by the regulated community to establish criteria under which site
inspections by the department are not required prior to release of deer. The
amendment will also function by preventing deer held under a Deer Management
Permit from being trapped under a Triple T permit. The amendment to §65.107,
concerning Permit Applications and Fees, 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, is necessary to accurately reflect changes made to department
functional titles under the State Position Classification Plan. The amendment
to §65.111, concerning Permit Conditions and Period of Validity, is necessary
to accurately reflect that contested case procedure is set forth in Government
Code and need not be recapitulated in regulation.
The amendment to §65.101 will function by adding a definition for
the term ‘recruitment,’ which will then be used to establish criteria
for releases without site inspections. The amendment to §65.103 will
function by establishing additional criteria under which site inspections
by department personnel are not required prior to release and by specifying
that deer held under a Deer Management Permit cannot be trapped under a Triple
T permit. The amendment to §65.107 will function by creating an appeals
process for persons dissatisfied with the decisions of the department with
respect to permit issuance. The amendment to §65.109 will function by
removing inaccurate references to job titles and replacing them with accurate
references. The change to §65.111 will function by correcting an obsolete
legal citation concerning contested cases.
The department received eight comments opposing adoption of the rules.
One commenter stated that the regulations do nothing to address the sale of
deer. The department disagrees with the comment and responds that the sale
of wildlife resources is unlawful and the department will cite and prosecute
any person it discovers to be engaging in the practice. No changes were made
as a result of the comment. One commenter stated opposition to the practice
of moving deer at all. The department disagrees with the comment and responds
that in certain instances it is appropriate to relocate deer to enhance existing
populations. No change was made as a result of the comment. One commenter
stated that there is no reason to move deer to improve genetics because the
genetics are already there. The department disagrees with the comment and
responds that although the agency stresses habitat management and population
control as the best regimes for deer management, there is evidence to suggest
that in certain circumstances the introduction of deer can have a beneficial
impact on the quality of a deer herd. No changes were made as a result of
the comment. One commenter stated that the department had no statutory authority
to move deer to Mexico, especially without remuneration. The department disagrees
with the comment and responds that Parks and Wildlife Code, Chapter 43, Subchapter
E, does not prohibit transportation of deer to Mexico, and that such activities
are governed by a treaty between the State of Texas and the Republic of Mexico.
No changes were made as a result of the comment. The department received 28
comments supporting adoption of the proposed rules.
Texas Deer Association and Texas Wildlife Association supported adoption
of the proposed rules.
The rules are adopted under 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.
§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 (any deer less than one year of age) on a property.
(8)
Release Site--The specific destination of game animals
or game birds to be relocated pursuant to a permit issued under this subchapter.
(9)
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
).
(10)
Supervisory permittee--A person who supervises the activities
of permittees authorized to conduct activities.
(11)
Trap Site--The specific source of game animals or game
birds to be relocated pursuant to a permit issued under this subchapter.
§65.103.Trap, Transport, and Transplant Permit.
(a)
For the purposes of this subchapter, the content of a wildlife
stocking plan 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 ). Applications may be approved without
an inspection, provided:
(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, is in compliance with all
requirements of the wildlife management plan for the property and the activities
involve only doe deer; and
(A)
the number of doe deer to be trapped is not greater than
the number of unused antlerless MLD permits from the hunting season coinciding
with the current trapping period;
(B)
the number of doe 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 result in a
population reduction of greater than 50% of recruitment below the total population
size specified under the provisions of §65.25 of this title.
(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 working 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 a appeals panel. The decision of the appeals panel is
final. The appeals panel shall consist of the following:
(A)
the Director of the Wildlife Division;
(B)
the Regional Director and District Leader with jurisdiction;
and
(C)
the White-tailed Deer Program Leader and the Game Branch
Chief.
(3)
If the determination of the panel is unsatisfactory to
the applicant, the applicant is entitled to have the appeal presented to the
Private Lands Advisory Board and the Hunting Advisory Board for the purpose
of determining if regulatory revision is appropriate.
(c)
Permit fees.
(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 Wildlife Division technician or biologist assigned
to write wildlife management plans;
(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. All
contested cases shall be conducted pursuant to the provisions of 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 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 July 26, 2001.
TRD-200104327
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 15, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 389-4775
Subchapter D. DEER MANAGEMENT PERMIT