Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,963
7533-7814 p. ; 28 cm.View a full description of this periodical.
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mitch.lockwood@tpwd.state.tx.us); or via the department's
website at www.tpwd.state.tx. us.
The new rules are proposed under the authority of Parks and
Wildlife Code, Chapter 43, Subchapter C, which requires the
commission to adopt rules to govern the collecting, holding, pos-
session, propagation, release, display, or transport of protected
wildlife for scientific research, educational display, zoological col-
lection, or rehabilitation; Subchapter E, which requires the com-
mission to adopt rules for the trapping, transporting, and trans-
planting of game animals and game birds, urban white-tailed
deer removal, and trapping and transporting surplus white-tailed
deer; Subchapter L, which authorizes the commission to make
regulations governing the possession of breeder deer held under
the authority of the subchapter; Subchapter R, which authorizes
the commission to establish the conditions of a deer manage-
ment permit, including the number, type, and length of time that
white-tailed deer may be temporarily detained in an enclosure;
Subchapter R-1, which authorizes the commission to establish
the conditions of a deer management permit, including the num-
ber, type, and length of time that mule deer may be temporar-
ily detained in an enclosure (although as noted previously, the
department has not yet established the DMP program for mule
deer authorized by Subchapter R-1); and 61.021, which pro-
vides that no person may possess a game animal at any time
or in any place except as permitted under a proclamation of the
commission.
The proposed new rules affect Parks and Wildlife Code, Chapter
43, Subchapters C, E, L, R, and R-1 and Chapter 61.
65.80. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates oth-
erwise. All other words in this subchapter shall have the meanings
assigned by Parks and Wildlife Code.
(1) Adult deer--A white-tailed deer or mule deer that is 16
months of age or older.
(2) Buffer Zone (BZ)--A department-defined geographic
area in this state adjacent to or surrounding a HRZ, within which the
department, using the best available science and data, has determined
that an elevated probability of discovering CWD exists.
(3) Containment Zone (CZ)--A department-defined geo-
graphic area in this state within which CWD has been detected or the
department has determined, using the best available science and data,
CWD detection is probable.
(4) Eligible mortality--Any lawfully possessed adult deer
that has died.
(5) High-Risk Zone (HRZ)--A department-defined geo-
graphic area in this state adjacent to or surrounding a CZ, within which
the department has determined, using the best available science and
data, that the presence of CWD could reasonably be expected.
(6) Susceptible species--Any species of wildlife resource
that is susceptible to CWD.
65.81. Containment Zones; Restrictions.
The areas described in paragraph (1) of this section are CZs.
(1) Containment Zones.
(A) Containment Zone 1: That portion of the state
within the boundaries of a line beginning in Culberson County where
U.S. Highway (U.S.) 62-180 enters from the State of New Mexico;
thence southwest along U.S. 62-180 to the intersection with StateHighway (S.H.) 54; thence south along S.H. 54 to Interstate Highway
(I.H.) 10; thence west along I.H. 10 to S.H. 20; thence northwest along
to S.H. 20 to Farm-to Market Road (F.M.) 1088; thence south along
F.M. 1088 to the Rio Grande; thence northwest along the Rio Grande
to the Texas-New Mexico border.
(B) Existing CZs may be modified and additional CZs
may be designated as necessary by the executive director as provided
in 65.84 of this title (relating to Powers and Duties of the Executive
Director).
(2) Restrictions.
(A) Except as provided in 65.87 of this title (relating to
Exception), no person within a CZ shall conduct, authorize or cause any
activity involving the movement of a susceptible species under a permit
issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C,
E, L, R, or R-1. Such prohibited activity, includes, but is not limited
to transportation, introduction, removal, authorizing the transportation,
introduction or removal of, or causing the transportation, introduction
or removal of a live susceptible species into, out of, or within a CZ.
(B) If the department receives an application for a deer
breeder permit for a new facility that is to be located within an area
designated as a CZ, the department will issue the permit but will not
authorize the possession of susceptible species within the facility so
long as the CZ designation exists.
(C) Deer that escape from deer breeder facility within a
CZ may not be recaptured.
65.82. High Risk Zones; Restrictions.
The areas described in paragraph (1) of this section are HRZs.
(1) High Risk Zones.
(A) High-Risk Zone 1: That portion of the state lying
within a line beginning in Reeves County where the Pecos River enters
from New Mexico; thence southeast along the Pecos River to Interstate
Highway (I.H.) 20; thence west along I.H. 20 to I.H. 10; thence west
along I.H. 10 to the Culberson County line; thence southwest along the
Culberson County line to the Rio Grande; thence northwest along the
Rio Grande to the El Paso County line; thence north along the El Paso
County line to the Texas-New Mexico border.
(B) Existing HRZs may be modified and additional
HRZs may be designated as necessary by the executive director as
provided in 65.84 of this title (relating to Powers and Duties of the
Executive Director).
(2) Restrictions.
(A) Except as provided in 65.87 of this title (relating to
Exception) and subparagraph (B) of this paragraph, no person within
an HRZ may conduct, authorize or cause any activity involving the
movement of a susceptible species, into, out of, or within an HRZ un-
der a permit issued pursuant to Parks and Wildlife Code, Chapter 43,
Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but
is not limited to transportation, introduction, removal, authorizing the
transportation, introduction or removal, or causing the transportation,
introduction or removal of a live susceptible species into, out of, or
within an HRZ.
(B) No person shall:
(i) introduce, remove, authorize the introduction or
removal, or cause the introduction or removal of a live susceptible
species into or from a deer breeder facility permitted under the pro-
visions of Parks and Wildlife Code, Chapter 43, Subchapter L, that is
located in a HRZ unless:PROPOSED RULES October 5, 2012 37 TexReg 7963
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/149/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.