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(a)General Provisions.
(1)A DMP facility is an enclosure in which deer are
temporarily detained for breeding purposes 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 is not a Level 2 or Level 3
DMP facility is a Level 1 DMP facility.
(2)A DMP facility that receives deer from a Class
II release site or a TC 2 breeding facility is a Level 2 DMP facility
unless the DMP facility receives deer from a TC 3 breeding facility
or Class III release site.
(3)A DMP facility that receives deer from a Class
III release site is a Level 3 DMP facility.
(4)If a breeder deer is transferred from a TC 3 breeding
facility to a 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 pen becomes a Class III release site beginning on the
Saturday nearest to September 30 of the following year.
(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 pen 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 deer breeding
facility from a DMP facility of lower status, the deer 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 deer
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.
(8)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.
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 February 1, 2016
TRD-201600464 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: February 21, 2016
Proposal publication date: December 18, 2015
For further information, please call: (512) 389-4775
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