| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Approved holding facility--A pen or pens approved
by the commission to temporarily hold feral swine pending movement
to a recognized slaughter facility, an authorized hunting preserve,
or another approved holding facility.
(2) Authorization--The required written and signed
commission documents to show compliance with the requirements of the
chapter.
(3) Authorized Hunting Preserve--Land where feral swine
are authorized to be released for the purpose of hunting.
(4) Domestic Swine--Swine (Sus
scrofa) other than feral swine.
(5) Feral swine--Swine that have lived all (wild) or
any part (feral) of their lives free-roaming.
(6) Free-Roaming--Not confined by man to pens, houses
or other facilities designed to hold swine and prevent their escape.
(7) Recognized slaughter facility--A slaughter facility
operated under the state or federal meat inspection laws and regulations.
(8) Swine-Proof Fence--A fence constructed to sufficient
construction standards with materials of hog-proof net, woven or welded
wire and wood, metal or other approved posts and maintained to prevent
the ingress and egress of feral swine.
(b) Required Authorization for Movement of Feral Swine.
These requirements apply to any person who traps feral swine and moves
live feral swine from the premises where the feral swine were trapped
or otherwise captured. Movement of live feral swine is prohibited
unless authorized by paragraphs (1) - (7) of this subsection:
(1) The feral swine are moved directly from the premises
where the feral swine were trapped to a recognized slaughter facility;
(2) The feral swine are moved directly from the premises
where the feral swine were trapped to an approved holding facility;
(3) The feral swine are moved directly from the premises
where the feral swine were trapped to an authorized hunting preserve;
(4) The feral swine are moved from an approved holding
facility to a recognized slaughter facility;
(5) The feral swine are moved from an approved holding
facility to an authorized hunting preserve;
(6) The feral swine are moved from an approved holding
facility to another approved holding facility;
(7) Feral swine that have been trapped and are held
for transportation to an authorized location, as provided by this
subsection, may be held in an escape-proof cage on the vehicle or
trailer that transported them from the premises where they were trapped,
or held within the transport trailer itself for up to seven days.
(c) Approved Holding Facility.
(1) To hold live feral swine at a location other than
the premises where the feral swine were trapped or otherwise captured,
a person must apply and receive commission authorization to become
an approved holding facility. Authorization is required for each holding
facility.
(2) Written approval for a feral swine holding facility
may be given after an initial inspection by commission personnel determines
that the facility meets the following criteria:
(A) The facility has a swine-proof fence constructed
to prevent any feral swine from escaping and continually maintained
by the owner and/or operator to prevent the ingress and egress of
feral swine;
(B) The facility shall not be located within two hundred
yards of any domestic swine pens;
(C) Only feral swine may be placed in the facility;
(D) Records shall be maintained by the registrant as
provided in paragraph (4) of this subsection, and the facility must
provide records when requested or inspected;
(E) Feral swine shall not be commingled with domestic
or exotic swine;
(F) Feral swine shall not be fed any garbage or waste
as it is defined in Chapter 165 of the Texas Agriculture Code;
(G) Animal carcasses shall be removed from the approved
holding facility promptly and disposed of in accordance with §59.12
of this title and applicable state and local ordinances, or at the
direction of commission personnel; and
(H) Feral swine shall only be moved from the facility
directly to a recognized slaughter facility, an authorized hunting
preserve, or another approved holding facility.
(3) Application for Approved Holding Facility. Application
and renewal for an approved holding facility shall be on a form prescribed
by the commission and include at least the following information:
(A) Name, address and telephone number of applicant;
(B) Facility name, physical location, county, directions
to facility, telephone number;
(C) Diagram of the surrounding areas and the pens;
(D) Facility photos, including pens;
(E) Signature of the owner or operator;
(F) The authorization is valid for two years from the
date of issuance and shall expire on the two year anniversary date
of the date of issuance unless reauthorized; and
(G) Reauthorization of the approved holding facility
shall be completed between 30 and 60 days prior to the expiration
date.
(4) Recordkeeping.
(A) Owners and operators of approved holding facilities
and authorized hunting preserves shall generate and maintain the following
records:
(i) The number of swine placed in and removed from
the facility and/or preserve;
(ii) The approximate weight, size, color, sex and any
applied identification for each feral swine;
(iii) Dates feral swine were placed into and/or removed
from the holding facility or hunting preserve;
(iv) The physical location where feral swine were trapped;
and
(v) The physical location that feral swine were moved
to, including any unique identification number.
(B) The records shall be provided to an authorized
agent of the commission upon request. Records shall be kept and maintained
for not less than five years from the date the record was generated.
(5) The commission may suspend or revoke the authorization
for an approved holding facility if the owner or operator fails to
generate, maintain or provide records on feral swine as provided in
paragraph (4) of this subsection, fails to maintain swine-proof fences
to prevent the ingress and egress of feral swine, or violates any
provision of this chapter or Chapter 161 of the Agriculture Code.
The suspension will remain in effect until the deficiencies causing
the suspension or revocation are corrected and any penalties assessed
as a result of the suspension are satisfied. The commission will notify
the preserve in writing when the suspension has been lifted. The authorization
of a holding facility may be revoked for blatant or repetitive violation(s)
of this chapter or Chapter 161 of the Texas Agriculture Code.
(d) Authorized Hunting Preserve.
(1) To trap, move, and release live feral swine, a
person must apply and receive commission authorization for a hunting
preserve. Authorization is required for each hunting preserve.
(2) If feral swine are to be trapped and moved for
release to a hunting preserve, the hunting preserve shall meet the
following requirements:
(A) Only male feral swine (i.e. boars and/or barrows)
may be trapped, moved and released on a hunting preserve;
(B) Any feral swine released must be individually identified
with an official USDA tag, RFID tag, or other commission-approved
form of identification prior to release;
(C) Records shall be generated and maintained as provided
in subsection (c)(4) of this section;
(D) Have a Hunting Lease License with the Texas Parks
and Wildlife Department and the license must be current and in good
standing with that agency, as provided for in Chapter 43 of the Texas
Parks and Wildlife Code;
(E) Be enclosed by a swine-proof fence maintained continually
to prevent the ingress and egress of feral swine;
(F) Feral swine shall not be fed any garbage or waste
as defined in Chapter 165 of the Texas Agriculture Code; and
(G) The commission may suspend or revoke the authorization
of a hunting preserve if owner or the operator fails to generate,
maintain or provide records on feral swine as provided in subsection
(c)(4) of this section, sufficient fences are not maintained, or violates
any provision of this chapter or Chapter 161 of the Texas Agriculture
Code. The suspension will remain in effect until the deficiencies
causing the suspension or revocation are corrected and any penalties
assessed as result of the suspension are satisfied. The commission
will notify the preserve in writing when the suspension has been lifted.
The authorization for a hunting preserve may be revoked for blatant
Cont'd... |
