| (a) Application.
(1) An applicant for a permit under this subchapter
shall submit an administratively complete application via an online
application designated by the department for that purpose. The department
will not process an application that is not administratively complete.
An administratively complete application is an application that provides,
at a minimum, the following, as indicated on the application form:
(A) the specific trap site information indicated on
the application form, including a georeferenced map of the trap site;
(B) the specific release site information indicated
on the application form, including a georeferenced map of the release
site;
(C) the number of game animals or game birds to be
trapped at each trap site;
(D) the number of game animals or game birds to be
released at each release site; and
(E) any additional habitat, population, and monitoring
information or data the department deems necessary to evaluate the
prospective activity.
(2) A single application may specify multiple trap
and/or release sites; however, the permit fee prescribed by Chapter
53 of this title (relating to Finance) shall be assessed on a per-release
site basis.
(3) A single application for a Trap, Transport, and
Process Surplus White-tailed Deer Permit may specify multiple trap
sites and/or processing facilities.
(4) A single application may be submitted for an aggregate
acreage, provided:
(A) the landowner's name, address, and express consent
to join in the aggregate acreage is on file with the department for
each tract of land comprising the aggregate acreage;
(B) each landowner agrees in writing to the number
of game animals or game birds to be trapped or released on that aggregate
acreage; and
(C) a single landowner has been designated in writing
to be the supervisory permittee.
(5) A single application may not specify multiple species
of game birds and/or game animals.
(6) Applications received by the department between
September 1 and November 15 in a calendar year shall be approved or
denied within 45 days of receipt. Permits for the current trapping
year will not be issued for applications received later than the first
business day after January 1.
(7) The application must be signed by:
(A) the applicant;
(B) the landowner of each trap site; and
(C) the landowner of each release site or the owner
or agent of each processing facility, as applicable.
(8) The applicant may designate certain persons and/or
companies that will be involved in the permitted activities, including
direct handling, transport and release of game animals or game birds.
In the absence of the permittee, at least one of the named persons
and/or companies shall be present during the permitted activities.
(b) The department will not issue a permit if the department
determines that:
(1) the removal of game animals or game birds from
the trap site may be detrimental to existing populations or systems;
(2) the removal of game animals or game birds from
the trap site may detrimentally affect the population status on neighboring
properties;
(3) the release of game animals or game birds at the
release site may be detrimental to existing populations or systems;
(4) the release site is outside of the suitable range
of the game animal or game bird;
(5) the release site does not contain sufficient and/or
suitable habitat to sustain a population of released game animals
or game birds;
(6) the applicant has misrepresented information on
the application or associated wildlife stocking plan; or
(7) the trapping activity would involve deer held under
a Deer Management Permit.
|
| Source Note: The provisions of this §65.107 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 January 3, 2005, 29 TexReg 12231; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective June 12, 2013, 38 TexReg 3651; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective March 14, 2021, 46TexReg 1496 |
