Presenter: Alan Cain

Commission Agenda Item No. 4
Trapping, Transporting, and Transplanting (TTT)
Deer Permit Rule Amendments
Application Materials Deadline
March 26, 2009

I. Executive Summary: This item seeks adoption of a proposed amendment to rules governing the issuance of permits to trap, transport, and transplant deer (Triple T permits). The proposed amendment would require applicants seeking Triple T permit issuance in the current permit year to submit completed Trap Site and Release Site forms to the department by no later than January 2nd.

II. Discussion: Under Parks and Wildlife Code, Chapter 43, Subchapter E, the Commission is authorized to promulgate rules governing the trapping, transporting, and transplanting of game animals and game birds. Under current rule, Triple T permits may be issued for the movement of deer only after a department biologist and/or technician has approved an applicant's wildlife management plan and approved the prospective trap and release sites following on-site habitat inspections. The current rule does not specify a deadline for permit applications, which has created a problematic situation with respect to workforce logistics and scheduling. Out of 77 Triple T permit applications received during the 2007-08 permit year, 51 (which involved over 146 separate release sites) were received after January 1. This has created conflict with existing job duties of department field personnel during the winter months, when such personnel are typically involved in site inspections for Managed Lands Deer Permits issuance, technical guidance requests, locker plant checks, research, and other activities. Therefore, the department finds it necessary to create a firm deadline for the submission of provisionally complete Triple T permit applications. The proposed amendment would enable biologists and technicians in the field to plan and conduct habitat inspections while continuing to address other essential job duties. Although the proposed amendment as published in the Texas Register (Exhibit A), provided for a deadline of January 1, January 1 is a holiday, therefore, staff recommends a January 2 deadline. Staff also recommends clarifying that this provision applies to the movement of deer.

The Regulations Committee at its November, 2008 meeting authorized staff to publish the proposed amendment in the Texas Register for public comment. The proposed amendment appeared in the December 19, 2008, issue of the Texas Register (33 TexReg 10295). A summary of public comment on the proposed rule will be presented.

III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts an amendment to §65.103, concerning Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds, with changes as necessary to the proposed text as published in the December 19, 2008, issue of the Texas Register (33 TexReg 10295), including a change of application deadline from January 1 to January 2, and a clarification that the provision applies to the movement of deer."

Attachment - 1

  1. Exhibit A - Proposed Amendments to Triple T Rules