(a) An applicant for an initial deer breeder's permit
shall submit the following to the department:
(1) a completed application on a form supplied by the
department;
(2) a letter of endorsement by a person authorized
by the department to conduct facility inspections stating that the
person has personally conducted an on-site inspection at the facility
identified in the application and affirming that the facility identified
in the application:
(A) is constructed as depicted on the diagram submitted
with the application;
(B) contains infrastructure appropriate for the humane
treatment of deer, including for the provision of adequate food, a
continuous supply of water, and ample cover or shelter;
(C) is adequate for the lawful conduct of activities
governed by this subchapter;
(D) has been secured in such a fashion to prevent ingress
to and egress from the facility by any deer, livestock, exotic livestock,
or similar animals; and
(E) no deer, livestock, exotic livestock, or similar
animals are present or confined within the facility;
(3) a diagram of the physical layout of the facility
that clearly defines each distinct enclosure within the facility boundaries
and all gates and fences;
(4) the application processing fee specified in Chapter
53, Subchapter A, of this title (relating to Fees); and
(5) any additional information that the department
determines is necessary to process the application.
(b) For the purposes of this subchapter, an authorized
facility inspector is a person not employed by the department who:
(1) has been awarded a bachelor's degree or higher
in wildlife science, wildlife management, or a related educational
field;
(2) has not less than three years of post-graduate
experience associated with breeder deer within the five years preceding
any facility inspection conducted by the person;
(3) has not, according to department records, failed
to maintain a reconciled herd, as defined by §65.90(27) of this
title (relating to Definitions), within the five years immediately
preceding any inspection conducted for purposes of satisfying the
requirements of this subchapter; and
(4) has not been finally convicted of or been assessed
an administrative penalty for violation of an offense listed in §65.703
of this title (relating to Proscription of Certain Agents and Surrogates).
(c) A deer breeder's permit may be issued when:
(1) the application and associated materials have been
approved by the department; and
(2) the department has received the fee as specified
in Chapter 53, Subchapter A, of this title (relating to Fees).
(d) An initial deer breeder's permit shall be a one-year
permit valid from the date of issuance until the immediately following
July 1. The department may issue a three or five-year deer breeder's
permit if the permit holder has met the requirements of subsection
(e) of this section for the three-year period immediately prior to
application for a three or five-year permit renewal. A three-year
or five-year deer breeder permit renewal is valid for the three-year
or five-year period specified on the permit.
(e) Except as provided in subsection (i) of this section,
a deer breeder's one, three, or five-year permit may be renewed prior
to the date of expiration, provided that the applicant:
(1) is in substantial compliance with the provisions
of this subchapter and Parks and Wildlife Code, Chapter 43, Subchapters
L and X;
(2) has submitted a timely application for renewal
or is, as determined by the department, making satisfactory progress
towards resolution of deficiencies that prevent timely renewal;
(3) has filed the annual report in a timely fashion,
as required by §65.608 of this title (relating to Annual Reports
and Records);
(4) has paid the permit renewal fee as specified in
Chapter 53, Subchapter A, of this title (relating to Fees); and
(5) for a permit renewal of three-years or five-years,
meets the criteria for a three-year and five-year permit specified
in Parks and Wildlife Code, §43.352.
(f) An authorized agent may be added to or deleted
from a permit at any time by notifying the department. No person added
to a permit under this subsection shall participate in any activity
governed by a permit unless that person is listed on an amended permit
issued by the department.
(g) Except as provided by this subchapter for transfer
of breeder deer, a deer breeder's permit authorizes the holding of
breeder deer only within the physical layout of a facility described
by the diagram required by subsection (a)(3) of this section. If a
permittee wishes to enlarge, reduce, reconfigure, or otherwise alter
a facility, the permittee shall submit to the department an accurate
diagram of the altered facility, indicating all changes to the existing
facility. It is unlawful to introduce, cause the introduction of,
or hold breeder deer anywhere other than within the dimensions of
the facility as indicated by an approved diagram on file with the
department.
(h) In addition to the provisions of Parks and Wildlife
Code, Chapter 12, Subchapter G, the department may refuse permit issuance
or renewal as provided in Subchapter U of this chapter (relating to
Authority to Refuse to Issue or Renew Permit).
(i) The department shall conduct all reviews of department
decisions to deny issuance or renewal of a permit under this subchapter
in compliance with the provisions of Parks and Wildlife Code, Chapter
12, Subchapter G and Subchapter U of this chapter.
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Source Note: The provisions of this §65.603 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 May 7, 2003, 28 TexReg 3731; amended to be effective January 3, 2005, 29 TexReg 12234; amended to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 23, 2010, 35 TexReg 7438; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective March 26, 2014, 39 TexReg 2114; amended to be effective November 17, 2014, 39 TexReg9044; amended to be effective March 14, 2021, 46 TexReg 1500 |