31 Tex. Admin. Code § 65.160 - Landowner Authorization (LOA)

(a) Prior to managing wildlife or exotic animals, an AMP holder must submit to the department, on a department-approved form, an LOA for each tract of land where AMP activities are proposed to take place and may not conduct AMP activities until the department has approved the LOA. The LOA must be signed by the AMP holder and the Landowner or Agent and must be in the physical possession of the person using an aircraft to manage wildlife or exotic animals during all AMP activities. The LOA shall include:

(1) the name, address, and phone number of the Landowner;

(2) the name, address, and phone number of the authorized Landowner's Agent, if applicable;

(3) the name and AMP number of the AMP holder;

(4) the farm or ranch name and specific location of the property;

(5) a georeferenced map (a map image incorporating a system of geographic ground coordinates, such as latitude/longitude or Universal Transverse Mercator (UTM) coordinates) showing the exact boundaries of the property on which AMP activities are to be conducted, accompanied by a written statement signed by the Landowner or Agent confirming that the map is true and correct;

(6) the yearly number of individual animals of each species of wildlife or exotic animals to be managed by use of aircraft and the reason why these animals should be managed; and

(7) if game animals or game birds are to be captured by the use of aircraft, the permit number of a valid permit issued under the provisions of Subchapters E or J of this chapter.

(b) An LOA is valid for the time period specified in the authorization or the life of the AMP unless the AMP expires without renewal, is suspended or revoked, or is invalidated by the Landowner by notifying the department in writing.

(c) A single LOA form may be submitted by a group of Landowners or by an association on behalf of such landowners. The LOA form shall have attached a list of participating landowner names, ranch names, addresses, acreage, and a georeferenced map (a map image incorporating a system of geographic ground coordinates, such as latitude/longitude or UTM coordinates) showing the exact boundaries of each property for each participating Landowner. The LOA may be signed by one authorized Agent who represents the group of landowners or an association.

(d) The Landowner or the Landowner's Agent shall ensure that information included in the LOA is true and correct prior to executing an authorization.

(e) An expedited LOA may be obtained solely for the purpose of preventing the depredation of livestock, with the prior written approval of a game warden assigned to the county where the prospective management of wildlife or exotic animals is to be performed, or that warden's immediate or second-line supervisor, following submission to the game warden (or supervisor) of:

(1) a completed, department-approved application for expedited LOA for the property where the management of wildlife or exotic animals is to be performed; and

(2) a map clearly indicating the location and boundaries of the property where the management of wildlife or exotic animals is to be performed.

(f) Upon approval by the game warden (or supervisor), the AMP holder may conduct the authorized activities, but must, within 72 hours of completion of the activities authorized under the expedited LOA, complete and submit a LOA application to the department via the department's online system.

Notes

31 Tex. Admin. Code § 65.160

The provisions of this §65.160 adopted to be effective April 4, 2005, 30 TexReg 1952; Amended by Texas Register, Volume 41, Number 23, June 3, 2016, TexReg 4042, eff. 1/4/2017; Amended by Texas Register, Volume 42, Number 28, July 14, 2017, TexReg 3541, eff. 7/17/2017