Texas Administrative Code

(a) In all counties there is an open season for quail beginning the Saturday closest to October 28 through the last Sunday in February. (b) Daily bag limit: 15 quail. (c) Possession limit: 45 quail. (d) There is no open season on Mearns' quail (commonly called fool's quail). Note…

(a) The annual bag limit for turkey (all subspecies), in the aggregate, is four, only one of which may be from a county listed in subsection (b)(3)(D) of this section. (b) The open seasons and bag limits for turkey shall be as follows.(1) Fall seasons and bag limits:(A) The count…

In Cameron, Hidalgo, Starr, and Willacy counties, there is an open season for chachalacas. (1) Open season: Saturday nearest October 28 through the last Sunday in February. (2) Daily bag limit: Five chachalacas. (3) Possession limit: 15 chachalacas. Notes 31 Tex. Admin. Code § 65…

(a) The provisions of this subsection apply only to a person in possession of a license purchased through an automated point-of-sale system and do not apply to a digital license issued by the department pursuant to § 53.3(a)(12) of this title (relating to Combination Hunting and …

(a) Except for lifetime hunting licenses and lifetime resident super combination hunting and "all water" fishing packages, the tagging requirements of Parks and Wildlife Code, §§ 42.018, 42.0185, 42.020, and 46.0086 do not apply to any person in lawful possession of a license tha…

(a) General. (1) Except as provided in this section and § 65.87 of this title (relating to Exception), no person shall conduct, authorize, or cause any activity involving the movement of a susceptible species under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, …

The following words and terms shall have the following meanings, except in cases where the context clearly indicates otherwise. (1) Accredited testing laboratory--A laboratory approved by the United States Department of Agriculture to test white-tailed deer or mule deer for CWD. …

(a) The department may issue a special take authorization for the take of white-tailed or mule deer (hereinafter, "deer") for purposes of assisting the department in conducting wildlife disease diagnosis, management, or prevention (hereinafter, "special take authorization"), as p…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) To the extent that any provision of this division conflicts with any provision of this chapter other than Division 1 of this subchapter, this division prevails. (b) Except as provided in this division, no live breeder deer or deer trapped under a Triple T permit, TTP permit o…

(a) All CWD test samples at the time of submission for testing shall be accompanied by a properly executed, department-prescribed form provided for that purpose. (b) Except as provided in § 65.95(c)(7) of this title (relating to Movement of Breeder Deer) or subsection (d) of this…

(a) Notwithstanding any other provision of this division, a breeding facility is designated NMQ and is prohibited from transferring breeder deer anywhere for any purpose if the breeding facility: (1) has not: (A) met the provisions of this subparagraph: (i) had less than five eli…

(a) General. Except as otherwise provided in this division, a breeding facility may transfer breeder deer under a transfer permit that has been activated and approved by the department to:(1) another breeding facility as provided in subsection (b) of this section; (2) an approved…

(a) In this section "captivity" means the state of being held under control, or kept caged, penned, or trapped. (b) No person in this state may:(1) hunt a mountain lion that is in captivity; (2) release a mountain lion from captivity for purposes of: (A) being hunted; or (B) trai…

(a) General. (1) On the effective date of this paragraph the department will cease the issuance of Triple T permits for deer until further notice. (2) The department will not issue a Triple T permit authorizing deer to be trapped at a: (A) release site that has received breeder d…

(a) Effectiveness. To the extent that any provision of this section conflicts with any provision of this division, the provisions of this section prevail. (b) No deer from a facility subject to the provisions of this section may be transferred or liberated except as provided in t…

(a) Upon termination, suspension, or revocation of a deer breeder's permit, the permittee shall dispose of all breeder deer covered by the permit. (b) Breeder deer may be disposed of by: (1) transfer to another deer breeder; (2) transfer to a holder of a zoological permit issued …

A breeding facility that is located in a CZ or SZ and subject to the provisions of § 65.99 of this title (relating to Breeding Facilities Epidemiologically Connected to Deer Infected with CWD) may release breeder deer to adjoining acreage under the same ownership, provided: (1) t…

(a) The executive director may designate any geographic area in this state a CZ or SZ if the area meets the applicable definition set forth in § 65.80 of this title (relating to Definitions). (b) The executive director shall notify the presiding officer of the commission prior to…

(a) The department may establish mandatory or voluntary check stations or procedures in or for any CZ or SZ or portion of a CZ or SZ for the purpose of collecting biological information on susceptible species taken within a CZ or SZ. (b) When a mandatory check station requirement…

To the extent a provision of this division conflicts with a provision of another subchapter of this chapter, or Division 2 of this subchapter, this division controls. Notes 31 Tex. Admin. Code § 65.86 The provisions of this §65.86 adopted to be effective January 2, 2013, 37 TexRe…

The department may waive any provision of this subchapter as necessary for the holder of a scientific research permit when the proposed research is determined to be of use in advancing the understanding the etiology of CWD in susceptible species. Notes 31 Tex. Admin. Code § 65.87…

(a) In addition to the provisions of § 65.10 of this title (Possession of Wildlife Resources) and except as may be otherwise prohibited by this subchapter, a department herd plan, or a quarantine or hold order issued by TAHC, a white-tailed deer or mule deer or part of a white-ta…

A person who violates any provision of this subchapter commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R or R-1, and Chapter 61, as applicable. Notes 31 Tex. Admin. Code § 65.89 Adopted by Texas Register, V…

(a) The provisions of Subchapter B, Division 2, of this chapter apply to the movement of deer pursuant to a permit issued under this subchapter. (b) All deer released shall be tattooed in one ear with a department-assigned identification number. Notes 31 Tex. Admin. Code § 65.102…

Any right, power, or duty conferred on the executive director by statute, rule, or board action may be exercised or performed by the deputy executive director as provided by Tex. Gov't Code § 815.202(f) or if the executive director is incapacitated or otherwise unable to act. Not…

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) Aggregate acreage--Contiguous tracts of land,…

(a) Nuisance fur-bearing animals may be taken in any number by any means at any time. (b) The provisions of 25 TAC Chapter 169, Subchapter A (relating to Rabies Control and Eradication) apply as necessary to fur-bearing animals. (c) The provisions of §65.378(b) also apply to pers…

A permit is valid for a period of one year from the date of issuance unless sooner terminated or revoked. Notes 31 Tex. Admin. Code § 65.155 The provisions of this §65.155 adopted to be effective April 4, 2005, 30 TexReg 1952

An applicant for an AMP shall complete and submit an application on a form prescribed by the department. The application shall contain the description, including make, model, color, and registration number of each aircraft to be used. The name of each pilot shall be shown exactly…

(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 Ch…

(a) The department may issue a Deer Management Permit to a person who has met the requirements of § 65.132 of this title (relating to Permit Application). (b) A person who possesses a valid Deer Management Permit may trap and detain wild deer according to the provisions of this s…

A person who violates a provision of this subchapter, a condition of any permit issued pursuant to this subchapter, or any provision of Parks and Wildlife Code, Chapter 43, Subchapter E, commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, § 1…

(a) A person commits an offense if that person: (1) traps game birds or game animals at any location other than the trap site(s) specified on the permit; (2) releases game birds or game animals at any location other than the release site(s) specified on the permit or delivers dee…

(a) All deer trapped and transported pursuant to this section shall be delivered to a processing facility selected by the applicant and approved by the department. Acceptable processing facilities are: (1) Texas Department of Criminal Justice penal facilities located in Palestine…

(a) 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. (b) Game animals and game birds killed in the process of conduct…

A species that is indigenous to the state of Texas and listed by the federal government as endangered automatically receives state protection as an endangered species under Parks and Wildlife Code, Chapter 68, and the presence or absence of that species in this section does not a…

Penalties for violations of this subchapter involving: (1) the species listed in § 65.175 of this title (relating to Threatened Species) are prescribed by Parks and Wildlife Code, Chapter 67; and (2) species listed in § 65.176 of this title (relating to Endangered Species) are pr…

(a) For the purposes of this section: (1) 'actual possession of a dog' means the physical control of a dog; (2) 'constructive possession of a dog' means having the power and intention to have and control a dog but without direct control of the dog, the actual presence of physical…

(a) All wildlife killed under a depredation permit shall be documented and/or tagged as set forth in the permit provisions. (b) A person conducting activities under a depredation permit shall maintain an accurate daily log of all activities conducted under a depredation permit. T…

The department may cancel a depredation permit at any time upon determining that the permittee: (1) has failed to conduct the activities authorized by a depredation permit; (2) has failed to maintain the daily log required by § 65.227 (b) of this title (relating to Documentation,…

A permit that has been cancelled may be reinstated by the department upon a determination that extenuating circumstances warrant reinstatement. Notes 31 Tex. Admin. Code § 65.229 The provisions of this §65.229 adopted to be effective October 26, 2009, 34 TexReg 7332

(a) The department may refuse to issue a depredation permit to any person who within five years of applying for a depredation permit has been finally convicted of: (1) a violation of Parks and Wildlife Code, Chapter 43, Subchapter H; (2) a violation of the conditions of a depreda…

The application fee for a depredation permit shall be $250. The fee prescribed by this section is nonrefundable. Notes 31 Tex. Admin. Code § 65.231 The provisions of this §65.231 adopted to be effective October 26, 2009, 34 TexReg 7332

It is an offense for any person: (1) not named on a depredation permit to kill protected wildlife under the depredation permit; (2) to whom a depredation permit is issued to allow any person not named on the depredation permit to engage in permitted activities; (3) to kill game a…

(a) Markers and bands. (1) No person may possess an unmarked goshawk, Harris's hawk, peregrine falcon, or gyrfalcon under a permit issued pursuant to this subchapter unless the person has notified the department within ten days of acquisition. Upon notification, the department sh…

(a) No person may take more than two raptors from the wild between July 1 of one year and June 30 of the immediately following year. (b) No person may remove an egg from a raptor nest in the wild. (c) Only a general or master falconer may take an eyass. No person shall take more …