31 Tex. Admin. Code § 65.327 - Permit Required
(a) General
Requirement. Except as provided in this subchapter, no person may collect,
acquire, possess, import, export, cause the import or export of, or engage in a
commercial activity involving nongame wildlife.
(b) Permit Privileges and Restrictions.
(1) The holder of a valid nongame dealer
permit may:
(A) collect nongame wildlife
listed in §
65.331(d) of
this title (relating to Commercial Activity) from the wild;
(B) sell lawfully obtained nongame wildlife
to anyone;
(C) acquire nongame
wildlife by or for a commercial activity only from a person permitted under
this subchapter or a lawful out-of-state source; and
(D) import nongame wildlife, including
species listed in §
65.331(e) of
this title, into Texas for any purpose, including sale or resale, or for
purposes of export, provided the person:
(i)
does not release the nongame wildlife in Texas or allow the nongame wildlife to
commingle with native nongame wildlife in Texas;
(ii) possesses an invoice, bill of sale, or
receipt establishing that the nongame wildlife was lawfully obtained in and
transported from another state;
(iii) completes and mails to the department a
department-supplied Notice of Import/Export within 24 hours of each instance of
receiving such nongame wildlife from out-of-state; and
(iv) maintains all documentation required by
this paragraph for a period of two years following the importation of the
nongame wildlife. The documentation required by this paragraph includes the
dealer's copy of each Notice of Import/Export. All documentation shall be
provided at the request of any department employee acting within the scope of
official duties;
(E)
export lawfully obtained nongame wildlife, including species listed in §
65.331(e) of
this title, from Texas for any reason, including sale or resale, provided the
person:
(i) completes and mails to the
department a department-supplied Notice of Import/Export within 24 hours of
each instance of shipping such wildlife out-of-state; and
(ii) maintains the dealer's copy of each
Notice of Import/Export for a period of two years following each instance of
exportation of nongame wildlife. The documentation required by this paragraph
shall be provided at the request of any department employee acting within the
scope of official duties; and
(F) engage in captive breeding of all species
of nongame wildlife; and
(G)
possess, transport, purchase, sell, resell, import, or export dead armadillos
(Dasypus novemcinctus); however, the possession, transportation, sale, resale,
import, or export of live armadillos is prohibited under Parks and Wildlife
Code, §
63.103.
(2) The holder of a valid nongame
permit:
(A) may collect nongame wildlife
listed in §
65.331(d) of
this title from the wild; and
(B)
may purchase or acquire nongame wildlife, including species listed in §
65.331(e) of
this title, from the holder of a valid nongame dealer permit or lawful
out-of-state source; but
(C) may
sell only to the holder of a valid nongame dealer permit; and
(D) may possess, transport, purchase, sell,
resell, import, or export dead armadillos (Dasypus novemcinctus), however:
(i) dead armadillos may be sold only to the
holder of a valid nongame dealer permit; and
(ii) the possession, transportation, sale,
resale, import, or export of live armadillos is prohibited under Parks and
Wildlife Code, §
63.103.
(3) A person without a
nongame or nongame dealer's permit may:
(A)
possess six or fewer specimens of a species of nongame wildlife listed in §
65.331(e) of
this title, provided the person does not engage in commercial activity
involving the nongame wildlife; and
(B) possess 25 or fewer specimens of a
species of nongame wildlife listed in §
65.331(d) of
this title, provided the person does not engage in commercial activity
involving the nongame wildlife.
(4) A permit is not required for any person
to sell nongame wildlife listed in §
65.331(b) or (d)
of this title for and ready for immediate consumption in individual portion
servings, and which are subject to limited sales or use tax, provided the
person maintains a receipt identifying the source of the nongame
wildlife.
(5) Notwithstanding any
other requirement of this subchapter, no permit under this subchapter is
required to purchase, possess, or sell processed products made from nongame
wildlife.
(6) No person in this
state may take nongame wildlife and subsequently treat it to create a processed
product for sale, offer for sale, exchange, or barter unless that person
possesses a valid nongame dealer's permit.
(c) Possession of Permit.
(1) This subchapter does not relieve any
person of the obligation to possess an appropriate hunting license for any
activity involving the take of nongame wildlife.
(2) Except as provided in this section, a
permit required by this subchapter shall be possessed on the person of the
permittee during any activity governed by this subchapter. A separate permit is
required for each permanent place of business. An employee of a nongame dealer
may engage in commercial activity or the resale of nongame wildlife only at a
permanent place of business operated by the permittee, provided that:
(A) the employer's permit or a legible
photocopy of the permit is maintained at the place of business during all
activities governed by this subchapter; and
(B) the place of business has been identified
on the application required by §
65.329 of this title (relating to
Permit Application).
(3)
In the event that a nongame dealer conducts a commercial activity at a place in
addition to the permittee's permanent place of business, that person shall
possess on their person the original or a legible photocopy of a valid nongame
dealer's permit.
(d)
Period of Permit Validity. A permit issued under this subchapter is valid
through the August 31 immediately following the date of issuance.
(e) Exception. No permit is required for
nongame wildlife not taken or originating in Texas that are shipped by common
carrier or accompanied by documentation of lawful possession from outside of
this state to a destination within this state for immediate shipment outside
the state.
Notes
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