Presenter: Jerry Cooke
Commission Agenda Item No. 7
Action
Scientific Breeder Proclamation
January 1998
I. DISCUSSION: Under Parks and Wildlife Code, Chapter 43, Subchapter L, the Commission is authorized to promulgate regulations governing the possession of white-tailed deer and mule deer for scientific, management, and propagation purposes. The passage of House bill 2541 by the Seventy-fifth Texas Legislature amended Subchapter L and necessitates rulemaking by the department to conform existing regulations with the intent of the Legislature. The proposed regulations located at Exhibit A would: synchronize the period of validity of scientific breeder permits by setting a universal expiration date; standardize the tagging requirements for captive deer; allow the recapture of escaped deer; provide procedures and requirements for the transportation of deer immediately before and during an open deer season; stipulate that all deer entering the state for the purposes of Subchapter L be tested as required by the Texas Animal Health Commission; and effect housekeeping changes in the interest of clarity. At the November 1997, meeting of the Regulations Committee, staff was given permission to publish the proposed Scientific Breeder Proclamation in the Texas Register for public comment. The proposed Scientific Breeder Proclamation was published in the December 19, 1997, issue of the Texas Register (22 TexReg 12432). Staff has received, analyzed, and responded to public comment on the proposed Scientific Breeder proclamation, and a synopsis will be available at the time of the hearing.
II. RECOMMENDATION: The staff recommends the Parks and Wildlife Commission adopt the following two motion:
"The Texas Parks and Wildlife Commission adopts the proposed repeal of 31 TAC §65.604 and §65.606, and amendments to §§65.601-65.603, 65.605, and 65.607-65.611, concerning scientific breeders, with changes to the proposed text as published in the December 19, 1997, issue of the Texas Register (22 TexReg 12432)."
Attachments - 2
1. Exhibit
A - Proposed
Scientific Breeder Proclamation
2. Exhibit B - Fiscal Note
(Exhibit B is available upon request.)
Commission
Agenda Item No. 7
Exhibit A
Proposed Preamble
1. Introduction.
The Texas Parks and Wildlife Department proposes the repeal of §65.604 and §65.606, and amendments to §§65.601-65.603, 65.605, and 65.607-65.611, concerning scientific breeders. The amendments are necessary to implement statutory provisions enacted by the 75th Texas Legislature in House Bill 2541. The amendments will function to synchronize the period of validity of scientific breeder permits by setting a universal expiration date; standardize the tagging requirements for captive deer; allow for the recapture of escaped deer; provide procedures and requirements for the transportation of deer immediately before and during an open deer season; stipulate that all deer entering the state for the purposes of Subchapter L be tested as required by the Texas Animal Health Commission; and effect housekeeping changes in the interest of clarity.
2. Fiscal Note.
Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the amendments.
3. Public Benefit - Cost Note.
Mr. Macdonald also has determined that for each of the first five years the amendments are in effect:
(A) The public benefit anticipated as a result of enforcing the amendments as proposed will be the conformance of the department's regulations to statutory law.
(B) There will be no effect on small businesses. There is no additional economic cost to persons required to comply with the amendments as proposed.
(C) The department has not filed a local impact statement with the Texas Employment Commission as required by Government Code, §2001.022, as this agency has determined that the amendments as proposed will not impact local economies.
(D) The department has determined that there will not be a taking of private property, as defined by Government Code, Chapter 2007, as a result of the proposed amendments.
4. Request for Public Comments.
Comments on the proposed amendments may be submitted to Jerry Cooke, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4774 or 1-800-792-4410.
5. Statutory Authority.
The amendments are proposed under Parks and Wildlife Code, Chapter 43, Subchapter L, which provides the commission with authority to promulgate regulations governing the possession of white-tailed deer and mule deer for scientific, management, and propagation purposes.
The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapter L.
SCIENTIFIC BREEDER PROCLAMATION
§65.601. 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.
[Adult deer - Any deer
held in captivity on January
1 following birth.]
[Captivity - The keeping
of an animal in an enclosure
suitable for and capable
of retaining the animal
it is designed to retain
at all times under reasonable
and ordinary circumstances
and to prevent entry by
another animal, Texas
Parks and Wildlife Code, §43.351(2).]
Certified Wildlife Biologist - A person not employed by the department who has been certified as a wildlife biologist by The Wildlife Society, or who:
(A) has been awarded
a bachelor's [fulfilled
the scholastic requirements
of an accredited university
or college for the B.S.]
degree or higher [(or
an advanced degree) with
major course work]
in wildlife science, [or]
wildlife management,
or a related educational
field; and
(B) has not less than five years of post-graduate experience in research or wildlife management associated with white-tailed deer or mule deer within the past 10 years.
Common Carrier - Any licensed firm, corporation or establishment which solicits and operates public freight or passenger transportation service or any vehicle employed in such transportation service.
Deer - White-tailed deer of the species Odocoileus virginianus or mule deer of the species Odocoileus hemonius.
[Department - The Texas
Parks and Wildlife Department
or any authorized employee
thereof.]
Designated agent - An individual, identified on an application for a scientific breeder's permit, who is authorized by the permittee to conduct activities on behalf of the permittee.
[Director - The Executive
Director of the Texas
Parks and Wildlife Department.]
[Enclosure - An area
of not more than 320 acres
that is completely surrounded
by department-approved
fencing for the purposes
of reducing deer to a
state of captivity.]
Facility - One or more enclosures, in the aggregate and including additions, that are the site of scientific breeding operations under a single scientific breeder's permit.
Fawn - Any deer with a spotted coat.
[Management - The application
of scientifically tested
techniques to manipulate
captive deer herds in
a manner that they manifest
desired attributes that
can be applied to free-ranging
deer herds.]
Propagation - The holding
of captive [white-tailed
deer or mule] deer for reproductive
purposes [the
purpose of increasing their
numbers].
[Purchase Permit - A
permit required of all
persons to purchase or
accept a live white-tailed
deer or mule deer in this
state.]
Sale - The transfer of possession of deer for consideration and includes a barter and an even exchange.
Scientific - The accumulation
of knowledge, by systematic
methods, about the physiology,
nutrition, genetics, reproduction,
mortality and other biological
factors affecting [white-tailed
deer or mule] deer.
[Scientific Breeder
- A person holding a valid
scientific breeder's permit
issued by the department,
Texas Parks and Wildlife
Code, §43.351(1).]
Serial Number - A permanent number assigned to the scientific breeder by the department.
[Transport Permit -
A permit required for
the transport or shipment
of a live white-tailed
deer or mule deer by any
person except a scientific
breeder or his designated
agent.]
Unique number - a four-digit alphanumeric identifier issued by the department to a scientific breeder for the purpose of permanently marking a deer such that the animal’s history of ownership can be tracked.
§65.602. Permit Requirement and Permit Privileges.
(a) No
person may possess a
live deer in this state
unless that person possesses
a valid [A
person who possesses
or seeks to possess
deer for scientific,
propagation or management
purposes must hold,
prior to possession
of any deer, a valid
scientific breeder's]
permit issued by the
department under
the provisions of Parks
and Wildlife Code, Chapter
43, Subchapters C, E,
L, or R [,
unless that person possesses
a valid permit issued
under the provisions
of §§57.271-57.284
of this title (relating
to Scientific, Educational,
and Zoological Permits)
or Chapter 65, Subchapter
C of this title (relating
to Permits for the Trapping,
Transporting, and Transplanting
of Game Animals and
Game Birds)].
(b) A person who possesses a valid scientific breeder's permit may:
(1) possess deer
within the permitted facility
for the purpose of propagation
[engage in the business
of breeding deer within
the facility for which
the permit was issued];
(2) engage in the
business of breeding legally
possessed deer within
the facility for which
the permit was issued;
[possess deer within
the permitted facility
for the purpose of propagation;
and]
(3) sell deer that
are in the legal possession
of the permittee; [and]
(4) release deer from a permitted facility into the wild as provided in this subchapter; and
(5) recapture lawfully
possessed deer that have
been marked in accordance §65.607
of this title (relating
to Marking of Deer) that
have escaped from a permitted
facility [onto property
owned by the permit holder]
§65.603. Application and Permit Issuance.
(a) An applicant for a scientific breeder's permit shall submit the following to the department:
(1) a completed notarized application on a form supplied by the department;
(2) a breeding
[management] plan
which identifies:
(A) the activities proposed to be conducted; and
(B) the purpose(s) for proposed activities;
(3) a letter of endorsement by a certified wildlife biologist which states that:
(A) the certified
wildlife biologist has
reviewed the breeding [management]
plan;
(B) the activities identified
in the breeding [management]
plan are adequate to accomplish
the purposes for which the
permit is sought; and
(C) the facility identified in the application is adequate to conduct the proposed activities;
(4) a diagram of the physical layout of the facility;
(5) the application processing
fee specified in §53.8 [§65.604]
of this title (relating
to (Miscellaneous
Wildlife Licenses and Permits [Fees]);
and
(6) any additional information that the department determines is necessary to process the application.
(b) A scientific breeder's permit may be issued when:
(1) the application and associated materials have been approved by the department; and
(2) [the facility has
been inspected and approved
as specified in §65.606
of this title (relating
to Inspections); and]
[(3)] the department
has received the fee as
specified in §53.8 [§65.604]
of this title (relating
to (Miscellaneous
Wildlife Licenses and Permits [Fees]).
(c) A scientific breeder's
permit shall be valid from
the date of issuance until
the immediately following
March 31. Permit and renewal
fees for permits issued
prior to March 31, 1998
shall be pro-rated, if necessary. [for
a period of one year from
the date of issuance, unless
suspended or revoked by
the director in accordance
with the provisions of Parks
and Wildlife Code, §§12.501-12.507].
(d) A scientific breeder's permit may be renewed annually, provided that the applicant:
(1) is in compliance with the provisions of this subchapter;
(2) has submitted a notarized application and associated materials required by this section;
(3) has filed the annual report in a timely fashion, as required by §65.608 of this title (relating to Annual Reports and Records); and
(4) has paid the permit
renewal fee as specified
in §53.8 [§65.604]
of this title (relating
to (Miscellaneous
Wildlife Licenses and Permits [Fees]).
(e) The department may, at its discretion, refuse to issue a permit or permit renewal to any person finally convicted of any violation of Parks and Wildlife Code, Chapter 43.
[§65.604.
Fees.
[(a) The application
processing fee for a scientific
breeder's permit or renewal
of the permit is $150.
[(b) The application
processing fee for a purchase
permit is $25.
[(c) The application
processing fee for a transport
permit is $25.
[(d) Application processing
fees are not refundable.]
§65.605. Holding Facility Standards and Care of Deer.
(a) [A scientific breeder
shall provide and maintain
the following facility
standards during the permit
period.
[(1) At any time that
an enclosure is used to
hold deer in captivity,
the enclosure shall meet
the following space requirements:
[(A) a minimum of 400
square feet per adult
deer;
[(B) a minimum of 400
square feet for each adult
doe with fawn(s); and
[(C) a minimum of 200
square feet for each fawn
segregated from its dam.
[(2) Each enclosure,
when deer are present,
shall be provided with:
[(A) a prepared commercial
deer ration of not less
than 12% protein at a
daily rate of not less
than 2½ pounds
per deer when comparable
natural forage is not
immediately available
within that enclosure
in quantity to maintain
deer in a healthy condition;
and
[(B) sufficient fresh,
clean water at all times.
[(3) Each enclosure
where deer are held shall
include a single area
of continuous shade measuring
at least 20 square feet
per deer.]
[(4)] The entire
perimeter fence of a facility
shall be no less than seven
feet in height, and shall
be constructed of department-approved
net mesh, chain link or
welded wire that will retain
deer. An indoor facility
is acceptable if it meets
the standards described
in this section and provides
permanent access to an outdoor
environment that is sufficient
for keeping the deer in
captivity.
(b) A permittee
shall notify the department
immediately upon discovering
the escape of deer from
a facility. Such notice
shall be made on a form
provided by the department
and shall be notarized.
The permittee shall have
10 days from the date
of such report to capture
only those deer that are
marked in accordance with §65.607
of this title (relating
to Marking of Deer). All
recaptured deer must be
returned to the facility
from which the deer escaped.
If after 10 days the permittee
is unable to capture escaped
deer that have been reported
in accordance with this
subsection, the department
may grant an additional
five-day period for capture
efforts to continue, contingent
upon the permittee proving
to the department’s
satisfaction that reasonable
efforts were made to effect
the capture during the
first 10-day period. [The
permittee shall insure
that medical treatment
will be provided, when
appropriate, to maintain
the health of deer held
under the provisions of
this subchapter.]
(c) A scientific breeder may move fawns from a permitted facility to another location for nursing purposes, provided:
(1) the nursery is located on the same tract of land as the permitted breeding facility;
(2) the scientific breeder requests and receives written authorization from the department to establish a designated location for nursing purposes; and
(3) all fawns in such a nursery are marked in accordance with §65.607(a) of this title (relating to Marking of Deer).
[§65.606.
Inspections.]
[(a) The department
may inspect the facilities
of an applicant for or
holder of a scientific
breeder's permit at any
reasonable time to ensure
compliance with the standards
specified in §65.605
of this title (relating
to Holding Facility Standards
and Care of Deer).
[(b) Each new facility
or addition to an existing
facility must be inspected
prior to the placement
of deer in that facility
or addition. Temporary
holding facilities in
compliance with the provisions
of §65.609(f) of
this title (relating to
Purchase of Deer and Purchase
Permit) are exempt from
the requirements of this
subsection.
[(c) The department
shall notify the applicant
for or holder of a scientific
breeder's permit of all
deficiencies reported
as a result of department
inspections.
[(d) A scientific breeder's
permit shall not be issued
or renewed until deficiencies
have been corrected.
[(e) When deficiencies
exist, an applicant for
a scientific breeder's
permit may:
[(1) correct the deficiencies
and request that the department
reinspect the facility;
or
[(2) withdraw the application.
[(f) A scientific breeder
whose facilities are found
to be deficient shall:
[(1) correct the deficiencies
within 30 days of notification
by the department; or
[(2) relinquish the
permit and dispose of
the deer as prescribed
by §65.612 of this
title (relating to Disposition
of Deer).]
§65.607. Marking of Deer.
(a) Each deer held in captivity by a permittee shall be permanently marked by:
(1) a unique number tattooed in one ear; and
(2) an ear tag
that shows the letters "TX" followed
by the serial number assigned
to the scientific breeder [for
positive identification
as prescribed in this
section].
[(1) Each deer shall
have a tag attached to
the ear as prescribed
by Texas Parks and Wildlife
Code, §43.356(b);
and
[(2) Each deer shall
be permanently freeze-branded
on the left hip with a
2" by 4" brand showing
the letters "TX" together,
or shall be tattooed in
one ear with the serial
number assigned to the
scientific breeder.]
(b)[(3)]
Fawns must be permanently
marked by the first November [October]
1 following birth.
(c) All deer held in a scientific breeder facility prior to the effective date of this section must be marked upon first handling or prior to leaving the facility, whichever occurs first.
§65.608. Annual Reports and Records.
(a) Each scientific breeder
shall file a completed [an]
annual report on
a form supplied or approved
by the department by
not later than April
16 of each year. [15
days following permit expiration
on a form provided by the
department. The report shall
cover the 12-month period
of validity for the permit
and account for the disposition
of all deer by providing
the following information:
[(1) the number of deer
possessed at beginning
of report period;
[(2) the number of deer
sold or transferred and
the name and address of
each purchaser and/or
recipient of each deer;
[(3) the number of deer
purchased and the name
and address of person(s)
from whom the deer were
purchased;
[(4) the number of fawns
born during the reporting
period;
[(5) the number of deer
that died and the cause
of each mortality;
[(6) the number of deer
released into the wild
and location of each release;
and
[(7) the number of deer
possessed at the end of
the reporting period.]
(b) [The annual report
shall also indicate the
results of any scientific
research conducted authorized
under the permit during
the permit year.]
[(c)] The holder
of a scientific breeder's
permit shall maintain
and, on request,
provide to the department
adequate documentation as
to the source or origin
of all deer held in captivity.
§65.609. Purchase of Deer and Purchase Permit.
(a) Deer may be purchased or obtained for:
(1) holding for propagation purposes if the purchaser possesses a valid scientific breeder's permit; or
(2) liberation for stocking purposes.
(b) Deer may be purchased or obtained only from:
(1) a holder of a valid scientific breeder's permit; or
(2) a lawful out-of-state source.
(c) An individual may possess
or obtain deer only after
a purchase permit has been
issued by the department.
Purchase permits shall be valid [effective]
for 30 [90]
days from the date that
the scientific breeder has:
(1) completed, dated, signed, and faxed the permit to the Law Enforcement Communications Center in Austin;
(2) received and
possesses on their person
a return fax from the
department in acknowledgment
of the fax required by
paragraph (1) of this
subsection [of issuance
and shall expire upon
use].
(d) A purchase permit is valid only during the period of validity of a scientific breeder’s permit, is effective for only one transaction, and expires after one instance of use.
(e)[(d)]
A one-time, 30-day [90-day]
extension of effectiveness
for a purchase permit may
be obtained by notifying
the department prior to
the original expiration
date of the purchase permit.
(f) If a scientific breeder transports deer to another scientific breeder during any open season for deer or during the period beginning 10 days immediately prior to an open season for deer, the scientific breeder shall, as part of the notification requirement of subsection (c) of this section, include on the purchase permit faxed to the department the unique number of each deer being transported.
(g)[(e)]
The department may issue
a purchase permit for liberation
for stocking purposes if
the department determines
that[:
[(1)] the release
of deer will not detrimentally
affect existing populations
or systems[; and
[(2) the release is
in accordance with the
provisions of the department's
stocking policy, §§52.101,
52.105, 52.201, 52.202,
52.301 and 52.401 of this
title (relating to Stocking
Policy)].
(h) [(f)]
Deer lawfully purchased
or obtained for stocking
purposes may be temporarily
held in captivity:
(1) to acclimate the deer to habitat conditions at the release site;
(2) when specifically authorized by the department;
(3) for a period to be specified on the purchase permit, not to exceed six months;
(4) [if the deer are
maintained as set forth
in §65.605(a)(1)-(4)
of this title (relating
to Holding Facility Standards
and Care of Deer);]
[(5)] if the deer
are not hunted prior to
liberation; and
(5)[(6)]
if the temporary holding
facility is physically separate
from any scientific breeder
facility and the deer being
temporarily held are not
commingled with deer being
held in a scientific breeder
facility. Deer removed from
a scientific breeder facility
to a temporary holding facility
shall not be returned to
any scientific breeder facility.
§65.610. Transport of Deer and Transport Permit.
(a) The holder of a valid scientific breeder's permit or a designated agent may, without any additional permit, transport legally possessed deer:
(1) to another scientific breeder when a valid purchase permit has been issued for that transaction;
(2) to an individual who does not possess a scientific breeder's permit if a valid purchase permit for release into the wild for stocking purposes has been issued for that transaction; and
(3) to and from an accredited veterinarian for the purpose of obtaining medical attention.
(b) The department may issue a transport permit to an individual who does not possess a scientific breeder's permit if the individual is transporting deer for liberation purposes and the deer were legally purchased or obtained from:
(1) a scientific breeder; or
(2) a lawful out-of-state source.
(c) All deer entering the boundaries of this state shall:
(1) be accompanied by a certificate of health, signed by an accredited veterinarian, which bears the purchaser's name and address, specifies the destination of the deer, and certifies that the deer:
(A) have been inspected by the veterinarian named on the certificate within 10 days prior to the time of transport;
(B) are free of external
parasites; [and]
(C) are free of evidence of contagious and communicable diseases; and
(D) have been tested in accordance with any applicable regulations of the Texas Animal Health Commission; and
(2) be accompanied by a permit or document from the government agency authorizing the exportation of the deer from the state or country of origin, if such permit or document was required as a condition for export from the state or country of origin.
(d) Deer may not be transported
for the purposes of this
subchapter during any open
season for deer or during
the period beginning 10
days immediately prior to
an open season for deer
unless the scientific
breeder notifies the department
by contacting the Law Enforcement
Communications Center in
Austin no less than 24 hours
before actual transport
occurs.[:
[(1) the antlers of
any male deer have been
removed immediately above
the pedicel];
[(2) the game warden
in the county of origin
of the deer, if the county
of origin is within the
state of Texas, and the
game warden in the county
of the destination of
the deer, if the county
is within the state of
Texas, have been notified
in writing; and
[(3) written permission
has been granted by the
game wardens in both the
origin and destination
counties, if such counties
are within the state of
Texas, and such written
permission is carried
with the deer during transportation.]
(e) Transport permits shall
be effective for 30 [90]
days from the date that
the scientific breeder has:
(1) completed, dated, signed, and faxed the permit to the Law Enforcement Communications Center in Austin; and
(2) received and
possesses on their person
a return fax from the
department in acknowledgment
of the fax required by
paragraph (1) of this
subsection [of
issuance and shall expire
upon use].
(f) A transport permit is valid only during the period of validity of a scientific breeder’s permit, is effective for only one transaction, and expires after one instance of use.
(g)[(f)] A
one-time, 30-day [90-day]
extension of effectiveness
for a transport permit may
be obtained by notifying
the department prior to
the original expiration
date of the transport permit.
§65.611. Prohibited Acts.
(a) Deer obtained from
the wild under the authority
of a permit or letter of
authority issued pursuant
to Parks and Wildlife Code,
Chapter 43, Subchapter C, [or]
E, or R shall
not be commingled with deer
held in a permitted
scientific breeder facility [under
a scientific breeder's permit].
(b) A person commits an offense if that person places or holds deer in captivity at any place or on any property other than property for which a scientific breeder's permit, or a permit authorized under other provisions of this title or Parks and Wildlife Code, is issued, except that a permittee may transport and temporarily hold deer at a veterinary facility for treatment.
(c) No live deer taken from the wild may be possessed under a scientific breeder's permit or held in a scientific breeder's facility.
(d) No deer shall be held in a trailer or other vehicle of any type except for the purpose of immediate transportation from one location to another.
(e) Possession of a scientific breeder's permit is not a defense to prosecution under any statute prohibiting abuse of animals.
(f) No scientific breeder shall hunt or kill, or allow the hunting or killing of deer held pursuant to this subchapter.
(g) No scientific breeder shall exceed the number of deer allowable for the permitted facility, as specified by the department on the scientific breeder's permit.
§65.612. Disposition of Deer.
(a) Upon termination, suspension, or revocation of a scientific breeder's permit, the permittee shall dispose of all deer covered by the permit.
(b) Deer may be disposed of by sale or donation to another scientific breeder, by sale or donation to a holder of a zoological permit, or by release to the wild as specifically authorized by the department.
(c) Deer still in possession 30 days following termination, revocation, or suspension of a permit shall be disposed of at the discretion of the Department.
(d) Disposition of all deer shall be at the expense of the permittee.
§65.613. Penalties. A person who violates the provisions of this subchapter, a condition of a permit issued under the provisions of this subchapter or violates any provision of Parks and Wildlife Code, Chapter 43, Subchapter L commits an offense punishable by the penalty prescribed by Parks and Wildlife Code, §43.367.
This agency hereby certifies the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife
Department
1-800-792-1112, extension
4642 or 512-389-4642
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