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RULE §65.97Testing and Movement of Deer Pursuant to a Triple T or TTP Permit

(a) General.

  (1) On the effective date of this paragraph the department will cease the issuance of Triple T permits for deer until further notice.

  (2) The department will not issue a Triple T permit authorizing deer to be trapped at a:

    (A) release site that has received breeder deer within five years of the application for a Triple T permit;

    (B) release site that has failed to fulfill the applicable testing requirements of this division;

    (C) any site where a deer has been confirmed positive for CWD;

    (D) any site where a deer has tested "suspect" for CWD; or

    (E) any site under a hold order or quarantine.

  (3) In addition to the reasons for denying a Triple T permit as provided in §65.107 of this title (relating to Permit Application and Processing) and §65.109 of this title (relating to Issuance of Permit), the department will not issue a Triple T permit if the department determines, based on epidemiological assessment and consultation with TAHC that to do so would create an unacceptable risk for the spread of CWD.

  (4) All deer released under the provisions of this section must be tagged prior to release in one ear with a button-type RFID tag approved by the department, in addition to the marking required by §65.102 of this title (relating to Disease Detection Requirements). RFID tag information must be submitted to the department.

  (5) Nothing in this section authorizes the take of deer except as authorized by applicable laws and regulations, including but not limited to laws and regulations regarding seasons, bag limits, and means and methods as provided in Subchapter A of this chapter (relating to Statewide Hunting Proclamation).

  (6) Except for a permit issued for the removal of urban deer, a test result is not valid unless the sample was collected and tested after the Saturday closest to September 30 of the year for which activities of the permit are authorized.

  (7) For permits issued for the removal of urban deer, test samples may be collected between April 1 and the time of application.

(b) Testing Requirements for Triple T Permit.

  (1) The department will not issue a Triple T permit unless "not detected" post-mortem test results have been submitted for 15 test-eligible deer from the trap site.

  (2) CWD testing is not required for deer trapped on any property if the deer are being moved to adjacent, contiguous tracts owned by the same person who owns the trap site property.

(c) Testing Requirements for TTP Permit.

  (1) "Not detected" test results for at least 15 test-eligible deer from the trap site must be submitted.

  (2) Sample tissues required by this subsection must be submitted within seven days of collection.

  (3) Test results related to a TTP permit must be submitted to the department by the method prescribed by the department by the May 1 immediately following the completion of permit activities.

Source Note: The provisions of this §65.97 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective October 7, 2018, 43 TexReg 6663; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267

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