(a) Prior to managing wildlife or exotic animals, an
AMP holder must submit to the department, on a department-approved
form, an LOA for each tract of land where AMP activities are proposed
to take place and may not conduct AMP activities until the department
has approved the LOA. The LOA must be signed by the AMP holder and
the Landowner or Agent and must be in the physical possession of the
person using an aircraft to manage wildlife or exotic animals during
all AMP activities. The LOA shall include:
(1) the name, address, and phone number of the Landowner;
(2) the name, address, and phone number of the authorized
Landowner's Agent, if applicable;
(3) the name and AMP number of the AMP holder;
(4) the farm or ranch name and specific location of
the property;
(5) a georeferenced map (a map image incorporating
a system of geographic ground coordinates, such as latitude/longitude
or Universal Transverse Mercator (UTM) coordinates) showing the exact
boundaries of the property on which AMP activities are to be conducted,
accompanied by a written statement signed by the Landowner or Agent
confirming that the map is true and correct;
(6) the yearly number of individual animals of each
species of wildlife or exotic animals to be managed by use of aircraft
and the reason why these animals should be managed; and
(7) if game animals or game birds are to be captured
by the use of aircraft, the permit number of a valid permit issued
under the provisions of Subchapters E or J of this chapter.
(b) An LOA is valid for the time period specified in
the authorization or the life of the AMP unless the AMP expires without
renewal, is suspended or revoked, or is invalidated by the Landowner
by notifying the department in writing.
(c) A single LOA form may be submitted by a group of
Landowners or by an association on behalf of such landowners. The
LOA form shall have attached a list of participating landowner names,
ranch names, addresses, acreage, and a georeferenced map (a map image
incorporating a system of geographic ground coordinates, such as latitude/longitude
or UTM coordinates) showing the exact boundaries of each property
for each participating Landowner. The LOA may be signed by one authorized
Agent who represents the group of landowners or an association.
(d) The Landowner or the Landowner's Agent shall ensure
that information included in the LOA is true and correct prior to
executing an authorization.
(e) An expedited LOA may be obtained solely for the
purpose of preventing the depredation of livestock, with the prior
written approval of a game warden assigned to the county where the
prospective management of wildlife or exotic animals is to be performed,
or that warden's immediate or second-line supervisor, following submission
to the game warden (or supervisor) of:
(1) a completed, department-approved application for
expedited LOA for the property where the management of wildlife or
exotic animals is to be performed; and
(2) a map clearly indicating the location and boundaries
of the property where the management of wildlife or exotic animals
is to be performed.
(f) Upon approval by the game warden (or supervisor),
the AMP holder may conduct the authorized activities, but must, within
72 hours of completion of the activities authorized under the expedited
LOA, complete and submit a LOA application to the department via the
department's online system.
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Source Note: The provisions of this §65.160 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective July 17, 2017, 42 TexReg 3541 |