31 Tex. Admin. Code § 65.134 - Facility Standards
(a) No pen used to
detain deer under a DMP shall be more than 100 acres in area or less than five
acres in area.
(b) A pen must
contain at least 50,000 square feet of natural vegetation of the type typically
used by white-tailed deer for concealment and cover.
(c) Exceptions.
(1) The department may issue a DMP for a
property that includes a pen of less than five acres in area, provided:
(A) the pen contains at least 50,000 square
feet of natural vegetation of the type typically used by white-tailed deer for
concealment and cover;
(B) the pen
was authorized under a DMP in the 2010 - 2011 permit year; and
(C) the property for which the DMP is sought
is owned by one of the following:
(i) the same
person who owned the property as of September 1, 2011; or
(ii) a spouse or child (including a legal
entity through which a spouse or child has an ownership interest in the
property) of the person who owned the property as of September 1, 2011, if the
spouse or child obtained their ownership interest in the property by
inheritance, will, intestate succession, gift, transfer, or sale from the
person who owned the property as of September 1, 2011.
(2) The department may issue a DMP
for a property that includes a pen containing less than 50,000 square feet of
natural vegetation of the type typically used by white-tailed deer for
concealment and cover, provided:
(A) the pen
includes at least five acres in area;
(B) the pen was part of an approved facility
in the 2010 - 2011 permit year;
(C)
the property for which the DMP is sought is owned by one of the following:
(i) the same person who owned the property as
of September 1, 2011; or
(ii) a
spouse or child (including a legal entity through which a spouse or child has
an ownership interest in the property) of the person who owned the property as
of September 1, 2011, if the spouse or child obtained their ownership interest
in the property by inheritance, will, intestate succession, gift, transfer, or
sale from the person who owned the property as of September 1, 2011.
(3) The provisions of
subsections (a) and (b) of this section apply to all applications that do not
qualify for an exception under the provisions of subsection (c) of this
section.
(d) Except for
fawns born in a DMP facility during the current permit year, no pen at any time
shall contain more than:
(1) one buck deer;
and/or
(2) 20 doe deer.
Notes
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