(a)General.
(1)An approved release site consists solely of the
specific tract of land and acreage designated as a release site in
TWIMS.
(2)All release sites must be surrounded by a fence
of at least seven feet in height that is capable of retaining deer
at all times. The owner of the release site is responsible for ensuring
that the fence and associated infrastructure retain the deer under
ordinary and reasonable circumstances.
(3)The owner of a Class II or Class III release site
shall maintain a legible daily harvest log at the release site.
(A)The daily harvest log shall be on a form provided
or approved by the department and shall be maintained until the report
required by subparagraph (E) of this paragraph has been submitted
to and acknowledged by the department.
(B)For each deer harvested on the release site and
tagged under the provisions of Subchapter A of this chapter (relating
to Statewide Hunting Proclamation), the landowner must, on the same
day that the deer is harvested, legibly enter the information required
by this subparagraph in the daily harvest log.
(C)The daily harvest log shall contain the following
information for each deer harvested on the release site:
(i)the name and hunting license of the person who
harvested the deer;
(ii)the date the deer was harvested;
(iii)the species (white-tailed or mule deer) and type
of deer harvested (buck or antlerless);
(iv)any alphanumeric identifier tattooed on the deer;
(v)any RFID or NUES tag number of any RFID or NUES
tag affixed to the deer; and
(vi)any other identifier and identifying number on
the deer.
(D)The daily harvest log shall be made available upon
request to any department employee acting in the performance of official
duties.
(E)By not later than March 15 of each year, the owner
of a release site shall submit the contents of the daily harvest log
to the department via TWIMS or other format authorized by the department.
(4)Release site status cannot be altered by the sale
or subdivision of a property to a related party if the purpose of
the sale or subdivision is to avoid the requirements of this division.
(5)The owner of a release site agrees, by consenting
to the release of breeder deer on the release site, to submit all
required CWD test results to the department as soon as possible but
not later than May 1 of each year. Failure to comply with this paragraph
will result in the release site being declared ineligible to be a
destination for future releases.
(6)No person may intentionally cause or allow any
live deer to leave or escape from a release site.
(b)Types of Release Sites.
(1)Class I.
(A)A release site is a Class I release site if it:
(i)is not a Tier 1 facility; and
(ii)receives breeder deer only from TC 1 facilities.
(B)There are no testing requirements for a Class I
release site.
(2)Class II.
(A)A release site is a Class II release site if it:
(i)is not a Tier 1 facility;
(ii)receives any breeder deer from TC 2 facility;
and
(iii)receives no deer from a TC 3 facility.
(B)The landowner of a Class II release site must obtain
valid CWD test results for one of the following values, whichever
represents the lowest number of deer tested:
(i)if deer are hunter-harvested, a number of deer
equivalent to 50 percent of the number of breeder deer released at
the site between August 24, 2015 and the last day of lawful deer hunting
at the site in the current year; or
(ii)50 percent of all hunter-harvested deer.
(C)If any hunter-harvested deer were breeder deer
released between August 24, 2015 and the last day of lawful deer hunting
at the site in the current, 50 percent of those hunter-harvested deer
must be submitted for CWD testing, which may be counted to satisfy
the requirements of subparagraph (B) of this paragraph.
(3)Class III.
(A)A release site is a Class III release site if:
(i)it is a Tier 1 facility; or
(ii)it receives deer from an originating facility
that is a TC 3 facility.
(B)The landowner of a Class III release site must
obtain valid CWD test results for one of the following values, whichever
represents the greatest number of deer tested:
(i)100 percent of all hunter-harvested deer; or
(ii)one hunter-harvested deer per breeder deer released
between August 24, 2015 and the last day of lawful deer hunting at
the site in the current year.
The agency certifies that legal counsel
has reviewed the adoption and found it to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 13, 2016
TRD-201600145 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: February 2,
2016
Proposal publication date: October 2, 2015
For further information, please call: (512) 389-4775
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