| (B) An aggregate acreage may be enrolled in the HO,
provided:
(i) the application contains the name, address, and
express consent of the landowner of each tract of land comprising
the aggregate acreage for which enrollment is sought; and
(ii) a single program participant is designated to
receive MLDP tags for the aggregate acreage.
(C) The department shall specify a harvest quota establishing
the maximum number of buck, unbranched antlered, or antlerless deer
to be harvested on each management unit within a tract of land or
aggregate acreage enrolled in the HO. The harvest quota shall be based
on:
(i) department-derived survey data for the DMU in which
the tract of land is located;
(ii) the size of the tract of land enrolled in MLDP;
(iii) the types of habitat and the amounts of each
type of habitat on the tract of land enrolled in the MLDP; and
(iv) any other information deemed relevant by the department.
(D) On a tract of land enrolled under this subsection:
(i) MLDP tags for antlerless deer and unbranched antlered
deer are valid from the Saturday closest to September 30 until the
last day of February, during which time antlerless deer and unbranched
antlered deer may be taken by any lawful means; and
(ii) MLDP tags for buck deer are valid:
(I) from the Saturday closest to September 30 for 35
consecutive days during which time buck deer may be taken only by
means of lawful archery equipment; and
(II) from the first Saturday in November until the
last day of February, during which time buck deer may be taken by
any lawful means.
(E) If a program participant under this paragraph elects
to receive a tag issuance for only one type of deer (buck or antlerless),
the provisions of §65.42 of this title apply to the harvest of
the other type of deer on the enrolled tract of land.
(2) Conservation Option (CO).
(A) Any landowner or authorized agent may apply to
enroll a tract of land in the CO by applying for acceptance by no
later than June 15 on a form provided or prescribed by the department.
(B) A department-approved WMP is required for program
participation under this paragraph. The WMP must contain, at a minimum:
(i) acreage and habitat information requested by the
department;
(ii) deer population and harvest data for each of the
two years immediately preceding the year in which initial program
participation is sought;
(iii) evidence satisfactory to the department that
at least two department-approved habitat management practices have
been implemented on the tract of land during each of the two years
immediately preceding application; and
(iv) acknowledgement that site visits by the department
to assess habitat management practices on the tract of land may be
conducted at the request of any department employee.
(C) A WMP is not valid unless it has been signed by
a Wildlife Division employee assigned to evaluate wildlife management
plans.
(D) To be eligible for continued program participation,
a program participant must implement three habitat management practices
specified in a department-approved WMP during each year of program
participation.
(E) On each management unit within a tract of land
enrolled under this subsection:
(i) the department will specify a harvest quota of
buck and/or antlerless deer, based on the unique characteristics of
the tract of land and the deer population; and
(ii) MLDP tags are valid from the Saturday closest
to September 30 until the last day of February, during which time
deer may be taken by any lawful means.
(F) The department may authorize additional harvest
on any tract of land enrolled in the CO, provided the program participant
furnishes survey or population data that in the opinion of the department
justifies the additional harvest.
(G) In the event that unforeseeable developments such
as floods, droughts, or other natural disasters make the attainment
of recommended habitat management practices impractical or impossible,
the department may, on a case-by-case basis, waive or defer the habitat
management requirements of this section.
(H) Special Provisions
(i) Wildlife Management Associations and Cooperatives.
(I) The department may enroll a wildlife management
association or cooperative in the CO under the provisions of this
subsection, provided:
(-a-) the application contains the name, address, and
express consent of the landowner of each tract of land for which
enrollment is sought; and
(-b-) a single WMP that addresses all tracts of land
within the wildlife management association or cooperative is submitted
and approved by the department.
(II) A wildlife management association or cooperative
may choose to receive antlerless-only or either-sex tag issuance.
(III) The department shall issue MLDP tags to the individual
landowners or landowner's authorized agent within a wildlife management
association or cooperative and the tags are valid only on the tract
of land for which they are issued.
(ii) An aggregate acreage may be enrolled in the CO
, provided:
(I) the application contains the name, address, and
express consent of the landowner of each tract of land comprising
the aggregate acreage for which enrollment is sought;
(II) a single WMP that addresses all tracts of land
within the aggregate acreage is submitted and approved by the department;
and
(III) a single program participant is designated to
receive MLDP tags for the aggregate acreage.
(iii) MLDP tags issued under the provisions of this
paragraph may be utilized on any tract of land within the aggregate
acreage enrolled in the MLDP.
(d) MLDP--Mule Deer. The provisions of subsection (c)(2)(A)
- (H) of this section also shall govern the authorization and conduct
of program participation with respect to mule deer, except:
(1) the harvest of mule deer shall occur only between
the Saturday closest to September 30 and the last Sunday of January,
as follows:
(A) from the Saturday closest to September 30 for 35
consecutive days, the lawful means of harvest is restricted to lawful
archery equipment; and
(B) from the first Saturday in November through the
last Sunday in January, any lawful means may be used to harvest deer;
and
(2) program eligibility is specifically restricted
to tracts of land in counties for which an open season for mule deer
is provided under §65.42 of this title.
(e) Refusal of Enrollment.
(1) The department may refuse to allow or continue
enrollment in the MLDP for any applicant who:
(A) as of a reporting deadline has failed to report
to the department any information required to be reported under the
provisions of this section;
(B) has exceeded the total harvest recommendation established
for an enrolled tract of land; or
(C) has failed to implement the three habitat management
practices specified in a department-approved WMP during each year
of program participation, if the tract of land is enrolled in the
CO.
(2) The department may prohibit any person from participating
in the MLDP if the person has a final conviction or has been assessed
an administrative penalty for a violation of:
(A) Parks and Wildlife Code, Chapter 43, Subchapter
C, E, L, R, or R-1;
(B) a provision of the Parks and Wildlife Code that
is not described by subparagraph (A) of this paragraph that is punishable
as a Parks and Wildlife Code:
(i) Class A or B misdemeanor;
(ii) state jail felony; or
(iii) felony;
(C) Parks and Wildlife Code, §63.002; or
(D) the Lacey Act (16 U.S.C. §§3371-3378).
(3) The department may refuse to allow or continue
enrollment in the MLDP 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 section from participation in the MLDP.
(4) The department may refuse to allow or continue
enrollment in the MLDP for any tract of land on which a deer has been
harvested but not presented to a mandatory check station for chronic
wasting disease (CWD) testing as required by Subchapter B of this
chapter.
(5) In determining whether to refuse to allow or continue
enrollment in the MLDP under paragraph (4) of this subsection the
department shall consider:
Cont'd... |
