Texas Administrative Code

(a) General Requirement. Except as provided in this subchapter, no person may collect, acquire, possess, import, export, cause the import or export of, or engage in a commercial activity involving nongame wildlife. (b) Permit Privileges and Restrictions. (1) The holder of a valid…

The OAG will not exceed the amount of money appropriated for compensation and available funds will be awarded in a priority deemed appropriate by the OAG. Notes 1 Tex. Admin. Code § 65.306 Adopted by Texas Register, Volume 49, Number 18, May 3, 2024, TexReg 3009 , eff. 5/12/2024

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) Authorized agent--An individual designated by…

(a) An applicant for an initial deer breeder's permit shall submit the following to the department: (1) a completed application on a form supplied by the department; (2) a letter of endorsement by a person authorized by the department to conduct facility and fence inspections sta…

Before an employee of the system may be reimbursed under Tex. Gov't Code § 656.047(b) the executive director must authorize the tuition reimbursement payment based on compliance with the requirements of §656.047(b) and applicable laws governing the trusts administered by the syst…

All the administrative and decisional powers granted by the statutes that govern ERS are vested in the executive director, subject to policies and rules formulated by the board. Notes 34 Tex. Admin. Code § 65.1 The provisions of this §65.1 adopted to be effective September 21, 19…

(a) No trapping of deer under a DMP may take place between December 15 and August 31 of any year. (b) The holder of valid DMP may replace a buck deer that dies in a DMP pen after being lawfully introduced, provided: (1) such replacement takes place no later than January 31 of the…

(a) No pen used to detain deer under a DMP shall be more than 100 acres in area or less than five acres in area. (b) A pen must contain at least 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover. (c) Exceptions. (1)…

(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) Any deer introduced into a pen containing deer detained under a DMP become free-ranging deer and must be released according to the…

(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) 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…

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) Release of deer shall be effected by removing, for a total of at least 20 feet, those components of a pen that serve to maintain deer in a state of detention within the pen; however, no opening shall be less than 10 feet in width. Such components shall be removed for no fewer…

Any device employed or emplaced to take or attempt to take nongame wildlife shall be marked with a gear tag. The gear tag must bear the name and address of the person using the device and the date the device was set out. The information on the gear tag must be legible. The gear t…

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 the Parks and Wildlife Code or regulatory definitions adopted under the au…

(a) No person shall hunt migratory game birds except during the open season as provided herein, or at any time except during the hours as provided herein. All dates are inclusive. (b) If no open season is provided under this subchapter for a species of migratory bird, there is no…

(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed. (b) A person may give, leave, receive, or possess any species of legally taken…

(a) No person may import into this state or possess a migratory game bird taken outside this state, unless the person possessing the bird produces upon demand by a game warden a valid driver's license or personal identification certificate, and one of the following documents: (1)…

A violation of this subchapter, 50 CFR § 29.21 , or a provision of a permit issued under this subchapter is an offense punishable by the penalties prescribed by Parks and Wildlife Code, § 49.017. Notes 31 Tex. Admin. Code § 65.277 The provisions of this §65.277 adopted to be effe…

(a) There shall be an open season during which game animals and game birds except for migratory birds may be taken by means of falconry. (1) Open season: September 1 - August 31. (2) Daily bag and possession limits: (A) game animals: as specified for individual counties in Subcha…

The provisions of Subchapter I of this chapter (relating to Depredation Permits) do not apply to raptors possessed or used under a federal abatement permit. Notes 31 Tex. Admin. Code § 65.275 The provisions of this §65.275 adopted to be effective June 3, 2010, 35 TexReg 4425

(a) Hacking. A hacked raptor counts against the possession limits established by this subchapter. (b) Imping. (1) For imping purposes, a falconer may possess the flight feathers of those species of raptors the falconer is authorized to possess and may obtain such feathers from or…

(a) No person may release a raptor to the wild if: (1) the raptor is a hybrid; or (2) the raptor is a species or subspecies that is not indigenous to Texas. (b) No person may permanently release a captive-bred indigenous raptor to the wild unless authorized to do so by the depart…

(a) No person shall purchase, sell, trade for anything of value, barter or offer to purchase, sell, trade for anything of value, or barter a wild raptor. (b) Except as provided for in § 65.271 (e)(3) of this title (relating to Trapping), a raptor trapped from the wild shall count…

(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 …

(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…

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…

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

(a) A person possessing a nongame permit issued under this subchapter shall, during the period of validity of the permit: (1) continuously maintain and possess upon their person during any permitted activity a daily log indicating the date, location, and number of specimens of ea…

(a) The department may issue management tags to landowners with a department-approved alligator management plan specifying a harvest quota of alligators six feet in total length or less. Tags are issued upon: (1) department approval of an alligator management plan; and (2) paymen…

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…

Unless specifically exempted by another provision of the Parks and Wildlife Code, it is an offense for any person to violate a provision of this subchapter. Penalties for a violation of this subchapter are as prescribed by Parks and Wildlife Code, § 65.008 . Notes 31 Tex. Admin. …

This subchapter applies to fur-bearing animals statewide, except as otherwise specifically provided for in Parks and Wildlife Code. Notes 31 Tex. Admin. Code § 65.371 The provisions of this §65.371 adopted to be effective September 16, 1996, 21 TexReg 8520.

A permittee shall, within ten days of disposing of any deer under the provisions of this section, complete and forward to the department a department-issued or department-approved disposition receipt form accounting for each deer disposed of under the provisions of this section. …

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 in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Pr…

(a) No person may take fur-bearing animals on public roads and highways or their rights-of-way. (b) Except for otters taken under the provisions of § 65.381 of this title (relating to Nuisance Fur-bearing Animals), all otters taken in this state shall be permanently tagged with a…

(a) Recreational harvest. (1) The open season for the recreational harvest of fur-bearing animals is September 1 of one year to August 31 of the following year. (2) There are no bag or possession limits for fur-bearing animals taken during the open season for recreational harvest…

Except as provided in Subchapter K of this chapter (relating to Raptor Proclamation), it is unlawful to hunt a game bird at any time other than during the open seasons provided in this chapter, or to take more than the daily bag limits, or to have in possession a game bird taken …

There is no open season for lesser prairie chicken. Notes 31 Tex. Admin. Code § 65.56 The provisions of this §65.56 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective July 10, 2005, 30 TexReg 3…

(a) In Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, …

(a) Except as provided in this chapter, no person may possess a live deer in this state unless that person possesses: (1) a valid permit issued by the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R; or (2) specific written author…

(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…

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

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) 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…

(a) Centerfire firearms are the only lawful means for killing deer, antelope, javelina, or desert bighorn sheep under a depredation permit; however the department may authorize the use of shotguns loaded with slugs when issues of safety or property make the use of rifles inapprop…