Texas Register

TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER BDISEASE DETECTION AND RESPONSE
DIVISION 2CHRONIC WASTING DISEASE - MOVEMENT OF DEER
RULE §65.95Chronic Wasting Disease - Triple T Permit Provisions
ISSUE 10/23/2015
ACTION Emergency
Preamble Texas Admin Code Rule

(a)This section applies to a permit issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter E, and Subchapter C of this chapter (relating to Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds), including:

  (1)a permit to trap, transport, and transplant game animals or game birds (Triple T permit);

  (2)a permit to trap, transport, and process surplus white-tailed deer (TTP permit); and

  (3)an urban white-tailed deer removal permit.

(b)General.

  (1)The provisions of §65.102 of this title (relating to Disease Detection Requirements) cease effect upon the effective date of this section.

  (2)The department will not issue a Triple T permit that authorizes deer to be trapped at a:

    (A)Class III release site; or

    (B)any site on a property where a deer has been confirmed positive for CWD.

  (3)In addition to the reasons for denying a Triple T permit listed in §65.103(c) of this title (relating to Trap, Transport, and Transplant Permit), the department will not issue Triple T permit if the department believes that to do so would create an unacceptable risk for the spread of CWD.

  (4)Notwithstanding the provisions of §65.93(a)(6) of this title (relating to Release Sites - Qualifications and Testing Requirements), the department may issue a Triple T permit unless otherwise prohibited by this section.

  (5)All deer released under the provisions of this section shall be legibly tattooed in one ear with a department-assigned identification number prior to release.

  (6)Nothing in this section authorizes the take of deer except as authorized by applicable laws and regulations, including but not limited to laws and regulations regarding seasons, bag limits, and means and methods.

  (7)The disease testing required by this section shall be performed on deer of at least 16 months of age.

  (8)A test result is not valid if the sample was collected or tested prior to the Saturday closest to September 30 of the year for which activities of the permit are authorized.

  (9)Notwithstanding, the provisions of subsections (c) and (d) of this section, a sample size shall be not more than 40 nor less than 10 deer.

(c)Disease Testing Requirements for Triple T Permit.

  (1)The department will not issue a Triple T permit unless a sample of deer from the trap site equivalent to 10% of the number of deer to be transported has been tested and confirmed "not detected" for CWD by an accredited test facility.

  (2)CWD testing is not required for deer trapped on any property if the deer are being moved to adjacent, contiguous tracts owned by the same person who owns the trap site property.

(d)Disease Testing Requirements for TTP Permit.

  (1)The landowner of a Class III release site must obtain valid CWD test results for 100% of the deer harvested pursuant to a TTP permit.

  (2)A sample of deer from the trap site (other than a Class III release site) equivalent to 10% of the number of deer authorized to be trapped pursuant to TTP permit must be tested for CWD by an accredited test facility.

  (3)Test results related to a TTP permit must be submitted to the department via TWIMS, or other approved process, by May 1.

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-201504134

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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