(a) For all wildlife resources taken for which there
is a possession limit, the possession limit shall not apply after
the wildlife resource has reached the possessor's permanent residence
and is finally processed.
(b) Under authority of Parks and Wildlife Code, §42.0177,
the tagging requirements of Parks and Wildlife Code, §42.018,
are modified as follows.
(1) At a final destination other than a cold storage
or processing facility required to maintain a cold storage record
book under the provisions of this subchapter, tagging requirements
for a carcass cease when the forequarters, hindquarters, and back
straps have been completely severed from the carcass.
(2) At a Type 1 commercial cold storage or processing
facility, tagging requirements for a carcass cease when:
(A) the information required by Parks and Wildlife
Code, §62.029, has been entered into the cold storage record
book; and
(B) for each carcass entered into the cold storage
record book, the harvest location required to be indicated on a tag
or WRD (the county where the deer was harvested and the name of the
ranch or property where the deer was harvested) has been recorded
by the proprietor or agent of the facility.
(C) The information required by subparagraph (B) of
this paragraph may be combined with or appended to the information
required to be entered into the cold storage record book or may be
maintained separately.
(D) After being detached from a carcass, a tag or WRD,
as applicable, shall be retained at the premises of the cold storage
or processing facility for as long as the carcass or any part of the
carcass remains in the possession of the cold storage or processing
facility.
(3) At a Type 2 commercial cold storage or processing
facility tagging requirements for a carcass cease when:
(A) the forequarters, hindquarters, and back straps
have been completely severed from the carcass; and
(B) the information required under Parks and Wildlife
Code, §62.029, has been entered into the cold storage record
book that the cold storage or processing facility is required to maintain.
(C) After the information required under Parks and
Wildlife Code, §62.029, has been entered into the cold storage
record book, a carcass may be taken beyond quarters.
(4) At a private noncommercial cold storage processing
facility as defined in Parks and Wildlife Code, §62.029, where
a cold storage record book is maintained, carcass tagging and proof-of-sex
requirements cease and the carcass may be taken beyond quarters when
the required information has been entered in the cold storage record
book.
(5) Except as provided in paragraph (3) of this subsection,
the tagging requirements for deer and turkey taken under a digital
license issued under the provisions of §53.3(a)(12) of this title
(relating to Super Combination Hunting and Fishing License Packages),
under the digital tagging option of §53.4 of this title (relating
to Lifetime Licenses), and §53.5(a)(3) of this title (relating
to Recreational Hunting License, Stamps, and Tags) are prescribed
in subsection (e) of this section.
(6) A person who has purchased a digital license identified
in §53.4 of this title and selected the fulfilment of physical
tags must comply with the tagging requirements of Parks and Wildlife
Code, Chapter 42, and this chapter that are applicable to the tagging
of deer and turkey under a license that is not a digital license.
(c) A person who lawfully takes a deer is exempt from
the tagging requirements of Parks and Wildlife Code, §42.018
if the deer is taken:
(1) under the provisions of §65.29 of this title
(relating to Managed Lands Deer Program (MLDP);
(2) under an antlerless mule deer permit issued under §65.32
of this title (relating to Antlerless Mule Deer Permit);
(3) by special permit under the provisions of Subchapter
H of this chapter (relating to Public Hunting Proclamation);
(4) on department-leased lands under the provisions
of Parks and Wildlife Code, §11.0271; or
(5) by special antlerless permit issued by the U.S.
Forest Service (USFS) for use on USFS lands that are part of the department's
public hunting program.
(d) A person who kills a bird or animal under circumstances
that require the bird or animal to be tagged with a tag from the person's
hunting license shall immediately attach a properly executed tag to
the bird or animal.
(e) A person who lawfully kills a deer or turkey under
a digital license issued under the provisions of §53.3(a)(12)
of this title, the digital tagging option under §53.4 of this
title or §53.5(a)(3) of this title (relating to Recreational
Hunting License, Stamps, and Tags) is exempt from any requirement
of Parks and Wildlife Code or this subchapter regarding the use or
possession of license tags for those species; however, that person
shall ensure that immediately upon take a harvest report is created
and submitted via a mobile or web application provided by the department
for that purpose.
(1) Upon receipt of a confirmation number sent by the
department in response to the harvest report required by this subsection,
the person who took the deer or turkey is responsible for ensuring
that the confirmation number is legibly reproduced on a reasonably
durable media, which shall immediately be attached to the carcass
of the deer or turkey. The confirmation number shall remain attached
to the carcass until the applicable requirements of subsection (b)
of this section have been satisfied.
(2) If the absence of network data connectivity prevents
the receipt of a confirmation number from the department following
the report required by this subsection, the person who took the deer
or turkey is responsible for the preparation of a hunter's document
which shall immediately be attached to the carcass of the deer or
turkey and remain attached to the carcass until the harvest report
required by this subsection is uploaded to the department. The hunter's
document shall be made of reasonably durable media and shall contain:
(A) the first and last name of the person who took
the deer or turkey;
(B) the customer number of the license of the person
who took the deer or turkey; and
(C) the date and time the deer or turkey was taken.
(D) A person who documents the take of a deer or turkey
under the provisions of this paragraph shall ensure that the harvest
report required by this subsection is uploaded to the department immediately
upon the availability of network connectivity, at which time the hunter's
document may be replaced with documentation meeting the requirements
of paragraph (1) of this subsection, which shall remain attached to
the carcass of the deer or turkey until the applicable requirements
of subsection (b) of this section have been satisfied.
(3) It is an offense for any person to hunt deer or
turkey under a digital license or digital tagging option without being
in immediate physical possession of an electronic device that is:
(A) loaded with the mobile or web application designated
by the department for harvest reporting under this subsection; and
(B) capable of uploading the harvest report required
by this subsection.
(f) Proof of sex for deer and pronghorn must remain
with the carcass until tagging requirements cease.
(1) Proof of sex for deer consists of:
(A) buck:
(i) the head, with antlers still attached; or
(ii) the tail and unskinned skull cap with antlers
attached; and
(B) antlerless:
(i) the head; or
(ii) if the deer is female: the mammary organ (udder)
or vulva, and tail.
(2) Proof of sex for pronghorn consists of the unskinned
head.
(g) During a season in which the bag composition for
turkey is restricted to gobblers only or gobblers and bearded hens,
proof of sex must remain with a harvested turkey (attached or detached
from the bird) until it reaches either the possessor's permanent residence
or a cold storage/processing facility and is finally processed. Proof
of sex for turkey is as follows:
(1) gobbler (male turkey):
(A) one leg, including the spur; or
(B) a patch of skin with breast feathers and beard
attached.
(2) bearded hen (female turkey): a patch of skin with
breast feathers and beard attached.
(h) Proof of sex for pheasant consists of: one leg,
including the spur, attached to the bird or the entire plumage attached
to the bird.
(i) No additional proof of sex is required for a deer
that is lawfully tagged in accordance with:
(1) the provisions of §65.29 of this title;
Cont'd... |