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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER QSTATEWIDE FUR-BEARING ANIMAL PROCLAMATION
RULE §65.376Possession of Live Fur-bearing Animals

(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 Code felony;

  (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 recordkeeping requirements.

(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

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