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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER DDEER MANAGEMENT PERMIT (DMP)
RULE §65.134Facility Standards

(a) No pen used to detain deer under a DMP shall be more than 100 acres in area or less than five acres in area.

(b) A pen must contain at least 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover.

(c) Exceptions.

  (1) The department may issue a DMP for a property that includes a pen of less than five acres in area, provided:

    (A) the pen contains at least 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover;

    (B) the pen was authorized under a DMP in the 2010 - 2011 permit year; and

    (C) the property for which the DMP is sought is owned by one of the following:

      (i) the same person who owned the property as of September 1, 2011; or

      (ii) a spouse or child (including a legal entity through which a spouse or child has an ownership interest in the property) of the person who owned the property as of September 1, 2011, if the spouse or child obtained their ownership interest in the property by inheritance, will, intestate succession, gift, transfer, or sale from the person who owned the property as of September 1, 2011.

  (2) The department may issue a DMP for a property that includes a pen containing less than 50,000 square feet of natural vegetation of the type typically used by white-tailed deer for concealment and cover, provided:

    (A) the pen includes at least five acres in area;

    (B) the pen was part of an approved facility in the 2010 - 2011 permit year;

    (C) the property for which the DMP is sought is owned by one of the following:

      (i) the same person who owned the property as of September 1, 2011; or

      (ii) a spouse or child (including a legal entity through which a spouse or child has an ownership interest in the property) of the person who owned the property as of September 1, 2011, if the spouse or child obtained their ownership interest in the property by inheritance, will, intestate succession, gift, transfer, or sale from the person who owned the property as of September 1, 2011.

  (3) The provisions of subsections (a) and (b) of this section apply to all applications that do not qualify for an exception under the provisions of subsection (c) of this section.

(d) Except for fawns born in a DMP facility during the current permit year, no pen at any time shall contain more than:

  (1) one buck deer; and/or

  (2) 20 doe deer.


Source Note: The provisions of this §65.134 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective August 4, 2010, 35 TexReg 6673

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