(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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