Presenter: Clayton Wolf
Commission Agenda Item No. 9
Deer Breeder Permit Rule Amendments
Implementation of Legislation (H.B. 1308)
I. Executive Summary: This item presents changes to the regulations governing the holding of deer in captivity for breeding purposes. The proposed changes would implement the provisions of House Bill 1308, enacted by the 80th Texas Legislature, as well as clarifications and housekeeping-type changes, including:
- removal of the term "scientific" from the regulations;
- removal of provisions regarding marking of deer;
- elimination of notarization requirements for permit applications and notifications;
- simplification of breeding plan requirements;
- provision for transfer permits to authorize temporary possession of deer by non-permitted persons;
- provision for euthanization of breeder deer;
- elimination of offense under breeder deer rules of capturing wild deer.
II. Discussion: House Bill 1308, enacted by the 80th Texas Legislature, made amendments to Parks and Wildlife Code, Chapter 43, Subchapter L, which governs the possession of white-tailed deer and mule deer for scientific, management, and propagation purposes. In addition to re-titling the subchapter ("Deer Breeder's Permit," replacing "Scientific Breeder's Permit") and removing all references to the word "scientific," H.B. 1308 eliminated the regulatory authority of the Commission with respect to the marking of breeder deer and altered several statutory definitions, necessitating rulemaking. At the same time, staff recommends making several changes to clarify and improve the rules. The proposed changes are the consensus of staff and the Breeder User Group, an ad hoc group of deer breeders appointed by the Executive Director to advise the Department on regulatory issues affecting permit holders.
Staff received permission at the November, 2007 meeting of the Regulations Committee to publish the proposed rules in the Texas Register for public comment. The proposed amendments were published in the December 14, 2007 issue of the Texas Register (32 TexReg 9269). Staff will provide a summary of public comment at the time of the meeting.
III. Recommendation: Staff recommends that the Commission adopt the following motion:
"The Texas Parks and Wildlife Commission adopts the repeal of §65.607 and amendments to §§65.601-65.605, 65.608, and 65.610-65.612, concerning the Deer Breeder Proclamation, with changes as necessary to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9269)."
Attachments - 1
- Exhibit A – Proposed Rule