|(a) General requirement. No person may remove breeder
deer from or accept breeder deer into a permitted facility unless
a valid transfer permit has been activated as provided in this section.
(b) Transfer by deer breeder. The holder of a valid
deer breeder's permit may transfer legally possessed breeder deer:
(1) to or from another deer breeder as a result of
sale, purchase or other arrangement;
(2) to or from another deer breeder on a temporary
basis for breeding purposes;
(3) to or from another person on a temporary basis
for nursing purposes;
(4) to an individual who purchases or otherwise lawfully
obtains the deer for purposes of release but does not possess a deer
(5) to an individual for the purpose of obtaining medical
attention, provided the breeder deer do not leave this state;
(6) to a facility authorized under Subchapter D of
this chapter (relating to Deer Management Permit) to receive buck
deer on a temporary basis; or
(7) to the holder of a valid educational display or
zoological permit issued by the department. A transfer under this
paragraph is final; breeder deer donated to the holder of an educational
display or zoological permit may not be returned to any breeder facility.
(c) Transfer by person other than deer breeder. An
individual who does not possess a deer breeder's permit may possess
deer under a transfer permit if the individual is transporting breeder
deer within the state and the breeder deer were legally purchased
or obtained from a deer breeder.
(1) The department may authorize the release of breeder
deer for stocking purposes if the department determines that the release
of breeder deer will not detrimentally affect existing populations
(2) Breeder deer lawfully transferred to a registered
release site may be held in temporary captivity for any period of
time from March 1 through the eleventh day immediately preceding an
open deer season to acclimate the breeder deer to habitat conditions
at the release site; however, such temporary captivity must be specifically
authorized in writing by the department. Not later than 11:59 p.m.
on the eleventh day immediately preceding an open deer season, all
deer being held in temporary captivity under the provisions of this
paragraph shall be released. Release shall consist of the removal
of at least 20 feet of the components of a pen that serve to maintain
deer in a state of detention within the pen; however, no opening shall
be less than 10 feet in width. Such components shall be removed for
no fewer than 30 consecutive days.
(A) An enclosure used to temporarily detain deer under
this paragraph shall be physically separate from any deer breeding
facility and the deer being temporarily held shall not be commingled
with breeder deer. Deer held in temporary captivity shall not be returned
to any deer breeding facility.
(B) The department will not authorize the detention
of deer under this paragraph during an open hunting season.
(C) Deer in temporary captivity under the provisions
of this paragraph shall not be hunted while in temporary captivity.
(e) Transfer permit.
(1) A transfer permit is valid for 48 consecutive hours
from the time of activation.
(2) A transfer permit authorizes the transfer of breeder
deer to one and only one receiver.
(3) A transfer permit is activated only by:
(A) notifying the Law Enforcement Communications Center
in Austin by phone; or
(B) utilizing the department's Internet-based deer
(C) It is an offense for any person to transport a
deer under a transport permit unless the person also possesses a confirmation
number issued by the department indicating receipt of the notification
for that instance of transport.
(4) No person may possess a live breeder deer at any
place other than within a permitted facility unless that person also
possesses on their person a department-issued transfer permit legibly
indicating, at a minimum:
(A) the species, sex, and unique number of each breeder
deer in possession;
(B) the source and destination facilities, or, if applicable,
the specific release location for each breeder deer in possession;
(C) the date and time that the permit was activated.
(5) Not later than 48 hours following the completion
of all activities under a transfer permit, the permit shall be completed
and submitted to the department.
(6) A deer breeder may transport breeder deer without
a transfer permit from a permitted facility to a licensed veterinarian,
(A) the transport occurs by the most feasible direct
(B) the breeder deer are not removed from the means
of transportation at any point between the permitted facility and
the veterinary facility; and
(C) the breeder deer do not leave this state.
(f) Marking of vehicles and trailers. No person may
possess, transport, or cause the transportation of breeder deer in
a trailer or vehicle under the provisions of this subchapter unless
the trailer or vehicle exhibits an applicable inscription, as specified
in this subsection, on the rear surface of the trailer or vehicle.
The inscription shall read from left to right and shall be plainly
visible at all times while possessing or transporting breeder deer
upon a public roadway. The inscription shall be attached to or painted
on the trailer or vehicle in block, capital letters, each of which
shall be of no less than six inches in height and three inches in
width, in a color that contrasts with the color of the trailer or
vehicle. If the person is not a deer breeder, the inscription shall
be "TXD". If the person is a deer breeder, the inscription shall be
the deer breeder serial number issued to the person.
|Source Note: The provisions of this §65.610 adopted to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 21, 2007, 32 TexReg 1581; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 10, 2009, 34 TexReg 5407; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective June 9, 2019, 44 TexReg 2730