|(a) No person other than the holder of a fur-bearing
animal propagation license may possess a live fur-bearing animal at
any time, except as otherwise provided in this chapter.
(b) A propagation license may be issued following an
initial facility inspection by the department. Additional inspections
may be made at department discretion.
(c) The holder of a fur-bearing animal propagation
license shall provide the following for each animal in possession:
(1) a sufficient supply of fresh water at all times;
(2) shelter from heat and inclement weather; and
(3) an enclosure of at least 20 inches in height and
eight square feet in area. Enclosures shall be cleaned daily. A fur-bearing
animal may be confined in an enclosure of no less than 20 inches in
height and four square feet in area on a temporary basis for transportation
purposes. For the purposes of this subsection, temporary basis means
no more than 12 hours in any 24-hour period.
(d) Offspring of fur-bearing animals held under a propagation
permit may be kept with their parents or siblings for up to 120 days
from birth in an enclosure meeting the height and area requirements
for a single animal.
(e) Live fur-bearing animals may be taken and possessed
for three days or less for instructional or demonstration purposes
pursuant to a letter of authorization from the wildlife division.
(f) No person shall take a fur-bearing animal from
the wild under a propagation permit except during the season provided
for commercial harvest in §65.375(b) of this title (relating
to Open Seasons; Means and Methods)
(g) The department may refuse permit issuance or renewal
to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication,
or been assessed an administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43, Subchapters
C, E, L, or R;
(2) Parks and Wildlife Code, Chapter 71;
(3) a provision of the Parks and Wildlife Code that
is punishable as a Class A or B Parks and Wildlife Code misdemeanor,
a Parks and Wildlife Code state jail felony, or a Parks and Wildlife
(4) Parks and Wildlife Code, §63.002; or
(5) the Lacey Act (16 U.S.C. §§3371-3378).
(h) The department may prohibit any person from acting
as an agent of any permittee if the person has been convicted of,
pleaded nolo contendere to, received
deferred adjudication, or been assessed an administrative penalty
for an offense listed in subsection (g) of this section.
(i) The department may refuse to issue a permit to
any person the department has evidence is acting on behalf of or as
a surrogate for another person who is prohibited by the provisions
of this subsection from engaging in permitted activities.
(j) The department may refuse to issue or renew a permit
to any person who is not in compliance with applicable reporting or
(k) An applicant for a permit or permit renewal may
request a review of a decision of the department to refuse issuance
of a permit or permit renewal (as applicable).
(l) An applicant seeking review of a decision of the
department with respect to permit issuance must request the review
within 10 working days of being notified by the department that the
application for a permit or permit renewal has been denied.
(1) Within 10 working days of receiving a request for
review under this section, the department shall establish a date and
time for the review.
(2) The department shall conduct the review within
30 days of receipt of the request required by subsection (k) of this
section, unless another date is established in writing by mutual agreement
between the department and the requestor.
(3) The request for review shall be presented to a
review panel. The review panel shall consist of three department managers
with expertise in the subject of the permit, appointed or approved
by the executive director, or designee.
(4) The decision of the review panel is final.
|Source Note: The provisions of this §65.376 adopted to be effective September 16, 1996, 21 TexReg 8520; amended to be effective October 21, 2003, 28 TexReg 9084; amended to be effective September 19, 2019, 44 TexReg 5401