Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,035
7013-7230 p. ; 28 cm.View a full description of this periodical.
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department must remain vigilant in the face of potential disease
threats to the resource.
Robert Macdonald, regulations coordinator, has determined that
for each of the first five years that the proposed rule is in effect,
there will be no fiscal implications to state or local governments
as a result of administering or enforcing the rule as proposed.
Mr. Macdonald also has determined that for each of the first five
years the rule as proposed is in effect, the public benefit expected
as a result of the proposed rule will be the continued and en-
hanced protection of native deer from communicable diseases,
thus ensuring the public of continued enjoyment of the resource
and the protection of the state's $2.5 billion per year hunting in-
dustry.
There will be no adverse economic cost for small businesses,
micro-businesses, or persons required to comply with the rule
as proposed, as the proposed amendment does not alter the
current cost of compliance.
The department has determined that the rule will not affect local
economies; accordingly, no local employment impact statement
has been prepared.
The department has determined that Government Code,
2001.0225 (Regulatory Analysis of Major Environmental
Rules) does not apply to the proposed rule.
The department has determined that Government Code,
Chapter 2007 (Governmental Action Affecting Private Property
Rights), does not apply to the proposed rule.
Comments on the proposed rule may be submitted to Robert
Macdonald, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744; (512) 389-4775; e-mail:
robert. macdonald@tpwd. state.tx. us.
The amendment is proposed under Parks and Wildlife Code,
43.061, which requires the commission to adopt rules for the
content of wildlife stocking plans, certification of wildlife trap-
pers, and the trapping, transporting, and transplanting of game
animals and game birds under the subchapter, and 43.0611,
which requires the commission to adopt rules for fees, appli-
cations, and activities, including limitations on the times of the
activities, relating to permits for trapping, transporting, or trans-
planting white-tailed deer.
The amendment affects Parks and Wildlife Code, Chapters 43,
Subchapter E.
65.102. Limitation of Applicability.
(a) Until this section is repealed, no permits to trap, transport,
and transplant white-tailed deer or mule deer shall be issued by the de-
partment unless a sample of adult deer from the trap site equivalent
to 10% of the number of deer to be transported has been tested [and
certified 100% negative] for chronic wasting disease by the Texas Vet-
erinary Medical Diagnostic Laboratory.
(1) The department will not authorize trapping activities
unless the test result for each deer in the minimum required sample
is 'not detected.'
(2) The department will not issue a permit for any activity
involving a trap site from which a 'detected' result for chronic wasting
disease has been obtained.
(3) [(1-)] The sample size shall be no more than 40 or less
than ten animals.(4) [(2)] The test results required by this section shall be
presented to the department prior to the transport of any deer.
(5) [(3}] All deer released shall be marked in one ear with
a department-assigned identification number.
(6) A test result is not valid if the sample was collected or
tested prior to October 1 of the previous permit year.
(7) Except as provided in paragraph (8) of this subsection,
a test result shall not be used more than once to satisfy the requirements
of this section.
(8) If a permittee traps, transports, and transplants fewer
deer than are authorized in a given permit year, that permittee may trap,
transport, and transplant the remaining deer the following year from
the same trap site without having to provide new samples for testing;
however, the person must apply for a new Triple T permit and must
re-submit the test results from the previous year. If the application
for a new Triple T permit specifies a number of deer greater than the
remainder from the previous year, the requirements of paragraphs (1)-
(4) of this subsection apply to the additional deer.
(b) - (c) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 12, 2004.
TRD-200404487
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 22, 2004
For further information, please call: (512) 389-4775
SUBCHAPTER W. SPECIAL PERMITS
31 TAC 65.901
The Texas Parks and Wildlife Department proposes new
65.901, concerning Cormorant Control Permit. The new
section would create a permit to authorize landowners and their
authorized agents to carry out cormorant control activities on
behalf of Texas Parks and Wildlife Department; require any
person who takes a cormorant under a permit to record the
date and location of take and the number of cormorants killed;
require the person to whom a permit is issued to submit an
annual report to the department accounting for all cormorants
taken under a permit; require all persons acting under a permit
to abide by applicable federal law; and establish an offense
for failure to abide by permit conditions. The permit conditions
will specify that cormorants must be dispatched by firearm
(non-toxic shot), cervical dislocation, or asphyxiation; that
control actions take place only during daylight hours, and that
landowner permission be obtained. The cost of the permit
would be $12; the proposed rulemaking to establish the fee is
published elsewhere in this issue.
The double-crested cormorant (Phalacrocorax auritus) is a long-
lived, colonial-nesting waterbird native to North America, and
is the most abundant of six species of cormorants occurring
in North America. The current continental population of dou-
ble-crested cormorants is estimated to be 2 million birds, and is
increasing. The diet of the double-breasted cormorant is mainlyPROPOSED RULES July 23, 2004 29 TexReg 7035
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Texas. Secretary of State. Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004, periodical, July 23, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101134/m1/22/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.