The department may authorize field trials on public hunting
lands. All activities conducted pursuant to this section shall be
subject to the provisions of this subchapter, except as specifically
provided in this section.
(1) No person shall conduct or participate in a field
trial on public hunting lands unless the event has been sanctioned
by the department through the issuance of a Field Trial Permit in
accordance with this section.
(2) An application for a Field Trial Permit shall be
submitted at least 90 days in advance of the proposed event to the
Wildlife Division regional director in whose region the proposed event
would take place. The application shall include, at a minimum:
(A) the name, address, and telephone number of the
sponsoring person(s) or organization(s), and the Social Security number
of the person to whom the permit will be issued, if approved;
(B) the unit(s), compartment(s), and approximate acreage
of public hunting lands that the proposed event would involve;
(C) the date(s) of the proposed event, including preparatory
activity and cleanup operations;
(D) the exact nature of the event, including any construction,
facilities emplacement, or other site alterations;
(E) the number of participating dogs, dog handlers,
and officials, respectively, and the estimated number of spectators;
(F) the fee for the field trial permit as assessed
according to the number of participating dog handlers and officials
as specified by Chapter 53, Subchapter A of this title, (relating
to Fees).
(G) proof of liability insurance for the event in the
amount of at least $250,000, which shall include coverage of personal
injury and property damage; and
(H) a performance bond in the amount of $5,000 to assure
restoration of the involved public hunting lands to pre-field trial
conditions.
(3) Approval or denial of the permit application shall
be at the sole discretion of the regional director and shall be based
on the anticipated impact the proposed event would have:
(A) on the natural resources of public hunting lands;
and
(B) on other events or activities authorized or conducted
by the department.
(4) The regional director shall, within 30 days of
receipt of such application, notify the applicant of approval or denial
of the application. If the application is approved, the field trial
permit shall be issued in the form of a letter to the applicant. Any
requirements or restrictions in addition to the provisions of this
subchapter shall be specified in the permit.
(5) The field trial permit shall be present and available
on-site during all field trial activities. The permittee shall, prior
to commencing any competition, attach to the permit an accurate list
containing the names of all dog handlers and officials who at any
time participate in the event, and the names of all spectators. The
aggregate number of participants named on the list shall not exceed
the number of participants authorized by the field trial permit. The
list shall be sent to the regional director no later than ten days
following the conclusion of the event.
(6) All persons named on the list as officials, dog
handlers, or spectators shall, during the event, be exempt from the
access permit requirements of this subchapter.
(7) The permittee is responsible and liable for the
actions of all field trial participants, spectators, and dogs during
all activities conducted during this event.
(8) All construction, facilities emplacement, or other
site alterations shall be performed and removed strictly in accordance
with the conditions of the field trial permit. The permittee shall
not be released from the obligations of this section and the performance
bond shall not be returned to the permittee until the department is
satisfied that the site has been restored to pre-trial conditions.
(9) During any field trial activity, it is an offense
for any person attending the event or named on the list required by
paragraph (2) of this section to:
(A) violate any condition of the field trial permit;
or
(B) take or attempt to take any animal or bird.
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| Source Note: The provisions of this §65.194 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective July 11, 2002, 27 TexReg 6038; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective July 28, 2008, 33 TexReg 5981; amended to be effective September 1, 2021, 46 TexReg 4169 |
