|(a) The entire perimeter fence of a facility containing
breeder deer, including nursing and medical facilities, shall be no
less than seven feet in height, and shall be constructed of department-approved
net mesh, chain link or welded wire that will retain breeder deer.
An indoor facility is acceptable if it meets the standards described
in this section and provides permanent access to an outdoor environment
that is sufficient for keeping the breeder deer in captivity.
(b) A permittee shall ensure that deer have access
to adequate food, a continuous supply of water, and ample cover or
(c) Immediately upon discovering the escape of breeder
deer from a facility, a permittee shall notify the department. The
notification shall include a detailed description of the permittee's
intended actions to recapture the escaped deer, including the methods
that will be employed to recapture the deer and the dates and times
that recapture will be attempted. The permit holder shall notify the
department daily of the efforts to capture the escaped deer until
the escaped deer are captured. If after ten days the permittee is
unable to capture escaped breeder deer that have been reported in
accordance with this subsection, the deer may not be recaptured or
held in a deer breeding facility unless specifically authorized in
writing by the department for purposes of disease management.
(d) If a permit holder is unable to recapture escaped
breeder deer reported as provided under subsection (c) of this section
and the breeding facility is designated as NMQ at the time of or subsequent
to the time of escape under the provisions of Subchapter B, Division
2, of this chapter, the property on which the deer breeding facility
is located and any tract of land contiguous to the property under
common ownership shall be subject to a department disease-testing
plan requiring mandatory CWD testing and reporting.
|Source Note: The provisions of this §65.605 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective March 14, 2021, 46 TexReg 1500