Texas Register
(27 TexReg 11899).
The amendment to §65.608, concerning Annual Reports and Records, eliminates
the annual fawn report in response to the recommendations developed by the
department’s appointed task force. The fawn report was intended as a
tool for reliably determining the total number of deer within a breeder facility,
which knowledge can be used to detect the surreptitious attempt to evade the
intent of other regulations by releasing or transferring deer without the
department’s knowledge or oversight. The rule as originally adopted
was a 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 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. The implementation of reasonable rules to prevent the spread of the
disease if in fact it is present in Texas is warranted; however, the fawn
report is not a critical component of the department’s regulatory scheme
or disease management strategy.
The rule will function by eliminating the requirement that scientific breeder
permit holders report to the department by November 1 of each year the number
of fawns present on a permitted facility.
The department received six comments concerning adoption of the proposed
rule.
Five commenters supported adoption of the proposed rule.
One commenter opposed adoption of the proposed rule, but did not state
a specific objection to elimination of the fawn report. No changes were made
as a result of the comment.
Texas Wildlife Association and Texas Deer Association supported adoption
of the proposed rule.
The amendment is 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.
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 February 28, 2003.
TRD-200301474
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: March 20, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 389-4775