| (a) A person who holds an AMP is authorized to engage
in the management of wildlife and exotic animals by the use of aircraft
only on the tract(s) of land specified in the LOA. The AMP must be
carried in an aircraft when the aircraft is engaged in activities
authorized by the AMP, unless the aircraft is a UAV, in which case
the AMP shall be in possession of the operator.
(b) A pilot of an aircraft used for the management
of wildlife or exotic animals must maintain, on a daily basis, a flight
log and report. The daily flight log must be current and available
for inspection by game wardens at reasonable times. Each AMP holder
and pilot shall comply with all FAA regulations for the specific type
of aircraft listed on their AMP.
(c) It is lawful for a person who holds an AMP to contract
with a qualified Landowner, Agent, or Subagent to act as a gunner
the taking of depredating feral hogs or coyotes from a helicopter,
provided:
(1) the contract is in writing and signed by the Landowner
or Agent;
(2) a department-approved Subagent authorization form
has been properly executed and is in the physical possession of the
Subagent during all AMP activities in which the Subagent participates;
and
(3) the AMP holder possesses a valid, properly executed
LOA.
(d) A person (which includes a pilot, applicant, gunner,
observer, or Subagent) commits an offense if:
(1) the person counts, photographs, relocates, captures,
hunts, or takes or attempts to count, photograph, relocate, capture,
hunt, or take from an aircraft any wildlife or exotic animals other
than wildlife or exotic animals authorized by the AMP and LOA;
(2) the person intentionally harasses any wildlife
or exotic animals by the use of an aircraft other than wildlife or
exotic animals authorized in an AMP and LOA;
(3) the person participates in the take or attempted
take of any wildlife or exotic animal other than depredating feral
hogs or coyotes without having on his or her person a valid hunting
license issued by the department;
(4) the person pilots an aircraft to manage wildlife
or exotic animals without a valid pilot's license as required by the
FAA;
(5) the person pays, barters, or exchanges anything
of value to participate as a gunner, observer, or Subagent except
as may be otherwise provided in this subchapter;
(6) the person acting as a gunner or pilot under an
AMP takes or attempts to take any wildlife or exotic animals for any
purpose other than is necessary to protect or to aid in the administration
of lands, water, wildlife, livestock, domesticated animals, human
life, or crops, except that any wildlife or exotic animals, once lawfully
taken pursuant to this subchapter may be sold if their sale is not
otherwise prohibited;
(7) the person acting as a gunner or pilot takes or
attempts to take wildlife or exotic animals during the hours between
1/2-hour after sunset and 1/2-hour before sunrise;
(8) the person operates an aircraft for the management
of wildlife or exotic animals and is not named as an authorized pilot
by an AMP;
(9) the person takes, kills, captures, or attempts
to take, kill, or capture more wildlife or exotic animals on properties
than are specified in the LOA;
(10) the person uses an AMP for the purpose of sport
hunting;
(11) the person is engaging in AMP activities and pilots
an aircraft over land for which the person has not received written
permission to overfly, except as is necessary to gain initial access
to the land described in the LOA prior to commencing AMP activities
and to leave following the conclusion of AMP activities; or
(12) the person otherwise violates a provision of this
subchapter.
(e) It is lawful for a pilot operating under a valid
AMP or AMP holder to use a UAV at any time solely for the purpose
of locating feral hogs; however, no person may take or attempt to
take feral hogs from a UAV.
(f) These rules do not exempt any person from the requirement
for other licenses or permits required by statute or rule of the commission.
(g) The department may waive the fee requirements of
this subchapter for an employee of a governmental entity acting in
the scope and course of official duties.
(h) The department will not approve an LOA for the
take of feral hogs on a tract of land where feral hogs have been released
or liberated by or with the approval of the Landowner or Agent for
the purpose of being hunted.
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| Source Note: The provisions of this §65.152 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective October 30, 2011, 36 TexReg 7343; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective January 1, 2023, 47 TexReg 8732 |
