|(a) Definitions. The following words and terms shall
have the following meanings, unless the context clearly indicates
otherwise. All other words and terms in this section shall have the
meanings assigned in the Texas Parks and Wildlife Code.
(1) Aggregate acreage--Contiguous tracts of land, to,
from, and between which deer have complete and unrestricted access,
combined by multiple landowners to create an area of land for the
purpose of enrollment in the MLDP.
(2) Deer management unit (DMU)--An area of the state
designated by the department on the basis of shared characteristics
such as soil types, vegetation types, precipitation, land use practices,
and deer densities.
(3) Landowner--Any person who has an ownership interest
in a tract of land.
(4) Management unit--A tract of land or a specific
portion of a tract of land enrolled in the MLDP for which the department
shall specify a harvest quota and tag issuance.
(5) MLDP--The Managed Lands Deer Program established
by this subchapter, which consists of:
(A) the Harvest Option (HO) set forth in subsection
(c)(1) of this section; and
(B) the Conservation Option (CO) set forth in subsections
(c)(2) and (d) of this section.
(6) MLDP tag--A tag issued by the department to a participant
in any option under this section.
(7) Program participant--A landowner or a landowner's
authorized agent who is enrolled in the MLDP.
(8) Unbranched antlered deer--A buck deer having at
least one antler with no more than one antler point.
(9) Wildlife Management Associations and Cooperatives--A
group of landowners who have mutually agreed in writing to act collectively
to improve wildlife habitat and populations on their tracts of land.
(10) Wildlife Management Plan (WMP)--A written document
on a form furnished or approved by the department that addresses habitat
and population and management recommendations, associated data, and
data collection methodologies.
(b) General Provisions.
(1) A landowner and the landowner's tract(s) of land
(A) in the Harvest Option (HO) set forth in subsection
(c)(1) of this section, when an application has been approved by the
(B) in the Conservation Option (CO) set forth in subsection
(c)(2) or (d) of this section, when the department has approved:
(i) an application; and
(ii) the WMP required by subsection (c)(2) of this
(C) An enrollment is not valid unless the applicant
has remitted the fees prescribed by §53.5 of this title (relating
to Recreational Hunting Licenses, Stamps, and Tags) to the department
on or before the Friday immediately preceding the Saturday closest
to September 30 of the year for which program participation is sought.
(2) A landowner may appoint a person to act as the
landowner's authorized agent for purposes of program participation.
The authorization must be on a form approved by the department.
(3) MLDP tags are issued to a program participant.
(4) If MLDP tags are issued under the provisions of
subsection (c)(1)(B) or (2)(H)(ii) of this section, the tags are valid
on any tract of land within the aggregate acreage enrolled in the
MLDP; otherwise, tags are valid only on the specific enrolled tract
of land for which they are issued.
(5) On an enrolled tract of land there is no personal
or annual bag limit for the type of deer (buck, unbranched antlered,
or antlerless) for which MLDP tags have been issued and the provisions
of §65.42(b)(6) of this title (relating to Deer), §65.42(b)(7)
of this title, and the stamp requirement of Parks and Wildlife Code,
Chapter 43, Subchapter I (relating to Archery Stamps), do not apply.
(6) A person who kills a deer on an enrolled tract
of land must immediately tag the deer with a MLDP tag valid for the
species (white-tailed deer or mule deer) and type of deer (buck, unbranched
antlered, antlerless) harvested. A person who kills a deer and immediately
takes the carcass to a location on the enrolled tract of land where
a valid MLDP tag provided by the program participant is immediately
attached shall be considered to have complied with the immediate tagging
requirement. The MLDP tag shall remain attached to the carcass until
the carcass reaches a final destination. Notwithstanding any other
provision of this section, it is unlawful for any person to:
(A) attach a mule deer tag to a white-tailed deer or
(B) attach an unbranched antlered MLDP tag or antlerless
MLDP tag to a buck deer having more than one point on both antlers;
(C) tag an unbranched antlered deer with an antlerless
(D) tag an antlerless deer with any tag other than
an antlerless MLDP tag;
(E) use an MLDP tag or tag number more than once; or
(F) use an MLDP tag on a tract of land other than the
tract for which the tag was issued.
(7) A program participant shall maintain a legible
daily harvest log.
(A) For tracts of land enrolled under the provisions
of subsection (c)(1)(B) or (2)(H)(ii) of this section, the daily log
must be maintained on the aggregate acreage enrolled in the MLDP;
otherwise, the daily harvest log must be maintained on the specific
enrolled tract for which tags are issued.
(B) The daily harvest log shall be on a form provided
or approved by the department and shall be maintained by the program
participant until the last day of tag validity.
(C) A person who kills a deer that is required to be
tagged under the provisions of this section must, on the same day
that the deer is killed, legibly enter the required information in
the daily harvest log.
(D) The daily harvest log shall contain the following
information for each deer killed on the enrolled tract of land:
(i) the name and hunting license or driver's license
number of the person who killed the deer;
(ii) the date the deer was killed;
(iii) the species (white-tailed or mule deer) and type
of deer killed (buck, unbranched antlered, or antlerless); and
(iv) the tag number of the MLDP tag affixed to the
(E) The daily harvest log shall be made available to
any department employee acting in the performance of official duties
(8) By not later than April 1 in each year of participation,
a program participant shall report to the department, on a form provided
or prescribed by the department:
(A) the number of buck deer and/or antlerless deer
harvested on each tract of land enrolled in the MLDP;
(B) the habitat management practices implemented on
each tract of land enrolled in the CO; and
(C) additional information as requested by the department.
(9) If an applicant does not wish to engage in program
participation, the applicant must affirmatively decline program participation
by the Friday immediately preceding the Saturday closest to September
30 via the department's online web application. On an enrolled tract
of land for which a program participant has failed to timely decline
participation as provided in this paragraph, the provisions of this
section continue to apply to the harvest of deer until the last day
of tag validity in the year following application.
(10) The provisions of this section cease effect and
the provisions of §65.42 of this title (relating to Deer) apply
on any tract of land for which:
(A) an applicant has timely declined participation
under the provisions of paragraph (9) of this subsection; or
(B) the fees required by §53.5 of this title have
not been remitted in accordance with subsection (b)(1)(C) of this
(11) A program participant who complies with the requirements
of paragraph (7)(A) - (E) of this paragraph also satisfies the requirements
of Parks and Wildlife Code, §62.029, (relating to Records of
Game in Cold Storage or Procession Facility), with respect to deer,
provided the daily harvest log maintained on the tract of land:
(A) contains the address and hunting license number
of each person who harvested a deer; and
(B) is retained at the cold storage/processing facility
for a period of at least one year following the date of the last entry.
(c) MLDP--White-tailed Deer. The provisions of this
subsection shall govern the authorization and conduct of MLDP participation
with respect to white-tailed deer.
(1) Harvest Option (HO).
(A) Any landowner or authorized agent may apply to
enroll a tract of land in the HO by submitting an application to the
department by no later than September 1 of each year on a form provided
by the department.
(B) An aggregate acreage may be enrolled in the HO,
(i) the application contains the name, address, and
express consent of the landowner of each tract of land comprising
the aggregate acreage for which enrollment is sought; and
(ii) a single program participant is designated to
receive MLDP tags for the aggregate acreage.
(C) The department shall specify a harvest quota establishing
the maximum number of buck, unbranched antlered, or antlerless deer
to be harvested on each management unit within a tract of land or
aggregate acreage enrolled in the HO. The harvest quota shall be based
(i) department-derived survey data for the DMU in which
the tract of land is located;
(ii) the size of the tract of land enrolled in MLDP;
(iii) the types of habitat and the amounts of each
type of habitat on the tract of land enrolled in the MLDP; and
(iv) any other information deemed relevant by the department.
(D) On a tract of land enrolled under this subsection:
(i) MLDP tags for antlerless deer and unbranched antlered
deer are valid from the Saturday closest to September 30 until the
last day of February, during which time antlerless deer and unbranched
antlered deer may be taken by any lawful means; and
(ii) MLDP tags for buck deer are valid:
(I) from the Saturday closest to September 30 for 35
consecutive days during which time buck deer may be taken only by
means of lawful archery equipment; and
(II) from the first Saturday in November until the
last day of February, during which time buck deer may be taken by
any lawful means.
(E) If a program participant under this paragraph elects
to receive a tag issuance for only one type of deer (buck or antlerless),
the provisions of §65.42 of this title apply to the harvest of
the other type of deer on the enrolled tract of land.
(2) Conservation Option (CO).
(A) Any landowner or authorized agent may apply to
enroll a tract of land in the CO by applying for acceptance by no
later than June 15 on a form provided or prescribed by the department.
(B) A department-approved WMP is required for program
participation under this paragraph. The WMP must contain, at a minimum:
(i) acreage and habitat information requested by the
(ii) deer population and harvest data for each of the
two years immediately preceding the year in which initial program
participation is sought;
(iii) evidence satisfactory to the department that
at least two department-approved habitat management practices have
been implemented on the tract of land during each of the two years
immediately preceding application; and
(iv) acknowledgement that site visits by the department
to assess habitat management practices on the tract of land may be
conducted at the request of any department employee.
(C) A WMP is not valid unless it has been signed by
a Wildlife Division employee assigned to evaluate wildlife management
(D) To be eligible for continued program participation,
a program participant must implement three habitat management practices
specified in a department-approved WMP during each year of program
(E) On each management unit within a tract of land
enrolled under this subsection:
(i) the department will specify a harvest quota of
buck and/or antlerless deer, based on the unique characteristics of
the tract of land and the deer population; and
(ii) MLDP tags are valid from the Saturday closest
to September 30 until the last day of February, during which time
deer may be taken by any lawful means.
(F) The department may authorize additional harvest
on any tract of land enrolled in the CO, provided the program participant
furnishes survey or population data that in the opinion of the department
justifies the additional harvest.
(G) In the event that unforeseeable developments such
as floods, droughts, or other natural disasters make the attainment
of recommended habitat management practices impractical or impossible,
the department may, on a case-by-case basis, waive or defer the habitat
management requirements of this section.
(H) Special Provisions
(i) Wildlife Management Associations and Cooperatives.