| (a) Except as provided in this section, no person may
transport into this state or possess any part of a susceptible species
from a state, Canadian province, or other place outside of Texas where
CWD has been detected in free-ranging or captive herds except for:
(1) meat that has been cut up and packaged (boned or
filleted);
(2) a carcass that has been reduced to quarters with
no brain or spinal tissue present;
(3) a cleaned hide (skull and soft tissue must not
be attached or present);
(4) a whole skull (or skull plate) with antlers attached,
provided the skull plate has been completely cleaned of all internal
soft tissue;
(5) finished taxidermy products;
(6) cleaned teeth; or
(7) tissue prepared and packaged for delivery to and
use by a diagnostic or research laboratory.
(b) In addition to the provisions of §65.10 of
this title (Possession of Wildlife Resources) and except as may be
otherwise prohibited by this subchapter, a department herd plan, or
a quarantine or hold order issued by TAHC, a white-tailed deer or
mule deer or part of a white-tailed or mule deer killed in this state
may be transported from the location where the animal was killed to
a final destination. Following final processing at a final destination,
the parts of the animal not retained for cooking, storage or taxidermy
purposes shall be disposed of only as follows:
(1) by transport, directly or indirectly, to a landfill
permitted by the Texas Commission of Environmental Quality to receive
such wastes;
(2) interment at a depth of no less than three feet
below the natural surface of the ground and covered with at least
three feet of earthen material; or
(3) returned to the property where the animal was harvested
for disposal.
(c) The carcass of a white-tailed or mule deer may
be deboned, prior to transportation to a final destination, at the
location where the animal was taken, provided:
(1) the meat from each deboned carcass is placed in
a separate package, bag, or container;
(2) proof-of-sex and any required tag is retained and
accompanies each package, bag, or container of meat;
(3) the remainder of the carcass remains at the location
where the animal was harvested, except that a head may be transported
to a taxidermist as provided in subsection (f) of this section.
(4) For purposes of this subsection, "deboning" means
the detachment and removal of all musculature described by Parks and
Wildlife Code, §42.001(8), from the bone. Muscles must remain
intact (except for physical damage occurring as a result of take)
and may not be processed further (i.e, ground, chopped, sliced, etc.).
(5) Proof-of-sex and any required tag must accompany
the meat from the time of harvest until the meat reaches a final destination.
(6) It is an offense for any person to possess:
(A) meat from a carcass possessed under this subsection
that has been processed further than whole muscles;
(B) meat from more than one carcass in a single package,
bag, or container.
(d) It is an offense for any person to dispose of those
parts of an animal that the possessor does not retain for cooking,
storage, or taxidermy purposes except as follows:
(1) by transport, directly or indirectly, to a landfill
permitted by the Texas Commission of Environmental Quality to receive
such wastes; or
(2) interment at a depth of no less than three feet
below the natural surface of ground and covered with at least three
feet of earthen material; or
(3) returned to the property where the animal was harvested.
(e) If a person takes a susceptible species in a CZ
or SZ within which the department has not designated a mandatory check
station, the person shall transport the head of the susceptible species
to the nearest check station established by the department for the
CZ or SZ in which the susceptible species was taken, provided such
transport occurs immediately upon leaving the CZ or SZ where the animal
was taken and occurs via the most direct route available.
(f) The skinned or unskinned head of a susceptible
species from a CZ or SZ, other state, Canadian province, or other
place outside of Texas may be transported to a taxidermist for taxidermy
purposes, provided all brain material, soft tissue, spinal column
and any unused portions of the head are disposed of prior to being
transported to Texas, or disposed of in a landfill in Texas permitted
by TCEQ to receive such wastes.
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| Source Note: The provisions of this §65.88 adopted to be effective September 29, 2016, 41 TexReg 7501; amended to be effective July 24, 2017, 42 TexReg 3643; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective July 4, 2023, 48 TexReg 3513; amended to be effective July 4, 2024, 49 TexReg 4779 |
