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(a)General Provisions.
(1)A DMP facility is a property (including the pen
in which deer are temporarily detained for breeding purposes and the
high-fenced acreage to which the deer are released) permitted under
the provisions of Parks and Wildlife Code, Subchapter R or R-1 and
Subchapter D of this chapter (relating to Deer Management Permit (DMP)).
(2)For the purposes of this section, "status" means
the level of testing required by this division for any facility registered
in TWIMS (deer breeding facility, trap site, release site, or DMP
facility). For the levels of DMP facilities established in this section,
the highest status is Level 1 and the lowest status is Level 3.
(b)Special Provisions.
(1)A DMP facility that receives deer from a Class
II release site is a Level 2 DMP facility unless the DMP facility
receives deer from a TC 3 breeding facility or Class III release site.
(2)A DMP facility that receives deer from a Class
III release site is a Level 3 DMP facility.
(3)If a breeder deer is transferred from a TC 3 breeding
facility to a Level 1 or 2 DMP facility, the DMP facility immediately
becomes a Level 3 DMP facility and the release site to which the deer
are liberated from the DMP facility becomes a Class III release site
beginning on the Saturday nearest to September 30 of the following
year.
(4)No person may introduce a breeder deer into a Level
3 DMP facility or allow the release of a breeder deer on a Class III
release site unless the deer has been tagged, prior to leaving the
originating facility, by attaching a button-type RFID or NUES tag
approved by the department to one ear.
(5)If a breeder deer is transferred from a TC 2 breeding
facility to a Level 1 DMP facility:
(A)the DMP facility immediately becomes a Level 2
DMP facility; and
(B)the release site to which the deer are liberated
from the DMP facility becomes a Class II release site beginning on
the Saturday nearest to September 30 of the following year, unless
the release site is or becomes a Class III release site pursuant to
other provisions of this division.
(6)If a breeder deer is transferred to a breeding
facility from a DMP facility of lower status, the breeding facility
receiving the breeder deer automatically assumes the numeric status
of the DMP facility. For example, if a breeder deer is transferred
to a TC 2 breeding facility from a Level 3 DMP facility, the breeding
facility becomes a TC 3 breeding facility.
(7)A DMP facility automatically becomes a Level 3
DMP facility if deer are introduced to the DMP facility from a Tier
1 facility.
The agency certifies that legal counsel has
reviewed the emergency adoption and found it to be within the state
agency's legal authority to adopt.
Filed with the Office
of the Secretary of State on October 5, 2015
TRD-201504133 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: October 5, 2015
Expiration date: February 1, 2016
For further information, please call: (512) 389-4775
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