Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 749
717-820 p. ; 28 cm.View a full description of this periodical.
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(i) a minimum of 15 post-mortem "Not Detected"
test results from the prospective trap site must be submitted for each
year; and
(ii) the period of years for which test results are sub-
mitted must be continuous (i.e., if the samples are collected in each of
four years, each of three years, or each of two years, those years must
be consecutive years).
(iii) Test results from samples collected earlier
than five years from the last date breeder deer were transferred to the
prospective trap site are not valid for the purposes of this section.
(E) Following any trapping activities authorized under
a Triple T permit, a minimum of 15 post-mortem "Not Detected" test
results must be submitted annually for a property to remain eligible as
a trap site for future Triple T permit activities.
(F) The department will not authorize trapping activi-
ties at any property where the continuous testing history required by
this subparagraph has not been achieved and maintained.
(G) Eligibility for consideration as a trap site may be
re-established by providing a minimum of 60 post-mortem "Not De-
tected" test results from samples collected in consecutive years, pro-
vided:
(i) a minimum of 15 post-mortem "Not Detected"
test results are submitted per year; and
(ii) no breeder deer have been transferred to the
prospective trap site within five years of the first year for which test
results are submitted.
(2) The provisions of this paragraph apply to a property
identified as a prospective trap site in an application for a Triple T per-
mit if department records indicate that breeder deer have never been
transferred to that property for any reason. The department will not
authorize trapping activities until the applicant has submitted at least
60 post-mortem "Not Detected" test results obtained from deer killed
at the prospective trap site in accordance with the provisions of this
paragraph.
(A) The test results required by this subparagraph may
be from samples collected in the year of the permit application, sam-
ples collected the year prior to permit application, or from samples col-
lected in more than one year prior to permit application; however, if the
samples are obtained over multiple years prior to the year of permit ap-
plication:
(i) a minimum of 15 post-mortem "Not Detected"
test results from the prospective trap site must be submitted for each
year; and
(ii) the period of years for which test results are sub-
mitted must be continuous (i.e., if the samples are collected in each of
four years, each of three years, each of two years, the year prior, or the
year of permit application, those years must be consecutive years).
(B) for a property to remain eligible as a trap site for
future Triple T permit activities, a minimum of 15 post-mortem "Not
Detected" test results from deer at the property must be submitted an-
nually.
(C) The department will not authorize trapping activ-
ities at any property where the continuous annual testing history re-
quired by this paragraph has not been achieved and maintained follow-
ing the issuance of a Triple T permit.(D) Eligibility for consideration as a trap site may be
re-established by providing a minimum of 60 post-mortem "Not De-
tected" test results from samples collected:
(i) in the year of or the year immediately preceding
permit application; or
(ii) in multiple years immediately preceding permit
application, provided a minimum of 15 post-mortem "Not Detected"
test results are submitted per year.
(3) A property that has been subject to a hold order or quar-
antine is eligible to be a trap site for Triple T activities under the provi-
sions of this section, as applicable, beginning five years from the date
that the hold order or quarantine is lifted.
(4) In the instance that an applicant is unable for whatever
reason supply the 60 test samples for permit issuance as required by
this section, the department may approve the movement of deer under
a Triple T permit, provided:
(A) the trap site and the release site are owned by the
same person;
(B) the trap site and the release site are on adjacent, con-
tiguous tracts; and
(C) the permittee and the property owner of the trap site
(if different persons) have agreed in writing to abide by the terms of
testing and management protocols prescribed by the department fol-
lowing a trap site assessment performed by the department that stipu-
lates specific testing and management protocols the department deems
necessary to assure that adequate disease surveillance exists and will
be maintained at the trap site.
1(4) -The departmenitwillnet issue a -Triple Tpermituiess
"noe4tected'pest-mrtem esresultshave beenn s 4iedfor454est-
eligible deer from the trap site-]
1(2) CWDGestg4s -net requtied frter wrapped en ay
property 4ifhe e er-are eing nmove to dfaceet, contiguos tracts
owned by he sanm perso n whoe own s tie trap site propety.A
(c) (No change.)
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on February 7,
2022.
TRD-202200395
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 20, 2022
For further information, please call: (512) 389-4775
SUBCHAPTER N. MIGRATORY GAME BIRD
PROCLAMATION
31 TAC 65.314 - 65.320
The Texas Parks and Wildlife Department (the department) pro-
poses amendments to 31 TAC 65.314 - 65.320, concerning
the Migratory Game Bird Proclamation.PROPOSED RULES February 18, 2022 47 TexReg 749
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/35/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.