31 Tex. Admin. Code § 65.220 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Appropriate recipient--A person or public or private organization that utilizes the donated wildlife for the public good and not for pecuniary gain.

(2) Evidence of commercial interest--Documentation required by the department to demonstrate that the applicant has a commercial interest in agriculture, horticulture, or aquaculture.

(A) The department shall require the attestation of the applicant on the application that agricultural, horticultural, or aquacultural crops or products raised or grown on a property for which a depredation permit is sought are:

(i) sold or exchanged for cash or anything of value; or

(ii) used to feed livestock, exotic livestock, or aquacultural stock that are sold or exchanged for cash or anything of value; or

(B) In addition to the attestation required by subparagraph (A) of this paragraph, the department may require additional information, such as sales receipts, tax receipts, or other documentation acceptable to the department indicating that agricultural, horticultural, or aquacultural crops or products raised or grown on a property for which a depredation permit is sought are:

(i) sold or exchanged for cash or anything of value; and/or

(ii) used to feed livestock, exotic livestock, or aquacultural stock that are sold or exchanged for cash or anything of value.

(3) Depredation permit--A permit issued under the provisions of this subchapter.

(4) Evidence clearly showing serious damage--Documentation required by the department to demonstrate that protected wildlife is causing serious damage. The department may require one or all of the following as evidence clearly showing serious damage:

(A) the attestation of an applicant for a depredation permit that wildlife protected by the Parks and Wildlife Code is causing serious damage to commercial agricultural, horticultural, or aquacultural crops or products;

(B) current photographs or video of commercial agricultural, horticultural, or aquacultural crops or products demonstrating serious damage caused by wildlife protected by the Parks and Wildlife Code; or

(C) an affidavit supplied by an agent of Texas AgriLIFE Extension Service attesting to the fact that wildlife protected by the Parks and Wildlife Code is causing serious damage to commercial agricultural, horticultural, or aquacultural crops or products.

(5) Destruction of antlers or horns--To saw, cut, or chop completely through each main beam of antler or horn at a point within two inches of the skull, and at the approximate midpoint between the base and tip of each main beam or horn.

(6) Protected wildlife--Wildlife protected by the Parks and Wildlife Code.

Notes

31 Tex. Admin. Code § 65.220

The provisions of this §65.220 adopted to be effective October 26, 2009, 34 TexReg 7332