| (a) Except as may be specifically provided otherwise,
permits authorized under this subchapter:
(1) will not be issued until the department has conducted
an inspection of the prospective release sites, if the department
believes inspection is warranted;
(2) will be issued only if the application and any
associated materials are approved by a Wildlife Division technician
or biologist authorized to approve Triple T permit applications; and
(3) do not exempt an applicant from the requirements
of §§65.150 - 65.162 of this title (relating to Permits
for Aerial Management of Wildlife and Exotic Animals).
(b) A Triple T permit for deer may be approved without
inspection of the release sites, provided:
(1) the property is enrolled and in compliance with
all applicable provisions of the Conservation Option of the Managed
Lands Deer Program under §65.29 of this title (relating to Managed
Lands Deer (MLD) Program) during the year of the release;
(2) the landowner furnishes a minimum of three years
of population data and two years of harvest data, and is in compliance
with all requirements of the WMP for the property;
(3) the number of deer to be trapped (in addition to
the number of deer harvested) does not exceed the population reduction
specified in the wildlife management plan for the trap site; and
(4) the number of deer to be released does not cause
the total population of deer on the release site to exceed the total
population size specified in a management plan under the provisions
of §65.25 of this title (relating to Wildlife Management Plan
(WMP)).
(c) In addition to the provisions of Parks and Wildlife
Code, Chapter 12, Subchapter G, the department may refuse permit issuance
or renewal relating to deer as provided in Subchapter U of this chapter
(relating to Authority to Refuse to Issue or Renew Permit).
(d) The department shall conduct all reviews of department
decisions to deny issuance or renewal of a permit relating to deer
under this subchapter in compliance with the provisions of Parks and
Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter.
(e) The department may refuse to issue a permit under
this subchapter relating to game birds and any game animal other than
deer to any person who has been finally convicted of, pleaded nolo
contendere to, received deferred adjudication, or assessed an administrative
penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43, Subchapter
C, E, F, G, H, L, or R;
(2) a provision of the Parks and Wildlife Code that
is not described by paragraph (1) of this subsection that is punishable
as a Parks and Wildlife Code:
(A) Class A or B misdemeanor;
(B) state jail felony; or
(C) felony;
(3) Parks and Wildlife Code, §63.002; or
(4) the Lacey Act (16 U.S.C. §§3371-3378).
(f) The department may refuse to issue a permit under
this subchapter relating to game birds and any game animal other than
deer to any person the department has evidence is acting on behalf
of or as a surrogate for another person who is prohibited by the provisions
of this subchapter from obtaining a permit.
(g) An applicant for a permit under this subchapter
relating to game birds and any game animal other than deer may request
a review of a decision of the department to refuse issuance of a permit.
(1) An applicant seeking review of a decision of the
department with respect to the issuance or renewal of a permit must
request the review within 10 working days of being notified by the
department that the application has been denied.
(2) Within 10 working days of receiving a request for
review under this section, the department shall establish a date and
time for the review.
(3) The department shall conduct the review within
30 days of receipt of the request required by paragraph (2) of this
subsection, unless another date is established in writing by mutual
agreement between the department and the requestor.
(4) The request for review shall be presented to a
review panel. The review panel shall consist of three department managers
with expertise in wildlife management, appointed or approved by the
executive director, or designee.
(5) The decision of the review panel is final.
(h) No person who has been finally convicted of, pleaded
nolo contendere to, received deferred adjudication for, or assessed
an administrative penalty for an offense listed in this section may
participate, assist, or be involved with an activity authorized under
this subchapter.
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| Source Note: The provisions of this §65.109 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective August 23, 2010, 35 TexReg 7438; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective March 14, 2021, 46 TexReg 1496 |
