31 Tex. Admin. Code § 65.88 - Deer Carcass Movement Restrictions
(a) In
addition to the provisions of §
65.10 of this title (Possession of
Wildlife Resources) and except as may be otherwise prohibited by this
subchapter, a department herd plan, or a quarantine or hold order issued by
TAHC, a white-tailed deer or mule deer or part of a white-tailed or mule deer
killed in this state or a susceptible species or part of a susceptible species
harvested outside of Texas may be transported from the location where the
animal was killed as provided in this section. The parts of the animal not
retained for cooking, storage or taxidermy purposes shall be disposed of as
quickly as practicable by one of the following methods:
(1) by transport, directly or indirectly, to
a landfill permitted by the Texas Commission of Environmental Quality to
receive such wastes;
(2) interment,
to be accomplished by the placement of the carcass parts at a depth of no less
than three feet below the natural surface of the ground, followed immediately
by the placement of earthen material in such a fashion as to completely cover
the carcass parts with at least three vertical feet of earthen material;
or
(3) return to the property where
the animal was harvested for disposal.
(b) The rendering of carcass parts is not a
lawful method of disposal.
(c) The
carcass of a white-tailed or mule deer may be deboned at any location prior to
transportation to a final destination, provided:
(1) the meat from each deboned carcass is
placed in a separate package, bag, or container;
(2) proof-of-sex and any required tag is
retained and accompanies each package, bag, or container of meat; and
(3) the remainder of the carcass is disposed
of in accordance with the provisions of subsection (a) of this section.
Carcasses and carcass parts not disposed of immediately shall be protected from
being scattered, consumed, or removed until disposal occurs.
(4) For purposes of this subsection,
"deboning" means the detachment and removal of all musculature described by
Parks and Wildlife Code, §
42.001(8),
from the bone. Muscles must remain intact (except for physical damage occurring
as a result of take) and may not be processed further (i.e, ground, chopped,
sliced, etc.).
(5) Proof-of-sex and
any required tag must accompany the meat from the time of harvest until the
meat reaches a final destination.
(6) It is an offense for any person to
possess:
(A) meat from a carcass possessed
under this subsection that has been processed further than whole
muscles;
(B) meat from more than
one carcass in a single package, bag, or
container.
(d)
It is an offense for any person to dispose of those parts of an animal that the
possessor does not retain for cooking, storage, or taxidermy purposes except as
follows:
(1) by transport, directly or
indirectly, to a landfill permitted by the Texas Commission of Environmental
Quality to receive such wastes; or
(2) interment, to be accomplished by the
placement of the carcass parts at a depth of no less than three feet below the
natural surface of the ground, followed immediately by the placement of earthen
material in such a fashion as to completely cover the carcass parts with at
least three vertical feet of earthen material; or
(3) return to the property where the animal
was harvested.
Notes
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(a) Except as provided in this section, no person may transport into this state or possess any part of a susceptible species from a state, Canadian province, or other place outside of Texas where CWD has been detected in free-ranging or captive herds except for:
(1) meat that has been cut up and packaged (boned or filleted);
(2) a carcass that has been reduced to quarters with no brain or spinal tissue present;
(3) a cleaned hide (skull and soft tissue must not be attached or present);
(4) a whole skull (or skull plate) with antlers attached, provided the skull plate has been completely cleaned of all internal soft tissue;
(5) finished taxidermy products;
(6) cleaned teeth; or
(7) tissue prepared and packaged for delivery to and use by a diagnostic or research laboratory.
(b) In addition to the provisions of § 65.10 of this title (Possession of Wildlife Resources ) and except as may be otherwise prohibited by this subchapter, a department herd plan , or a quarantine or hold order issued by TAHC, a white-tailed deer or mule deer or part of a white-tailed or mule deer killed in this state may be transported from the location where the animal was killed to a final destination. Following final processing at a final destination, the parts of the animal not retained for cooking, storage or taxidermy purposes shall be disposed of only as follows:
(1) by transport, directly or indirectly, to a landfill permitted by the Texas Commission of Environmental Quality to receive such wastes;
(2) interment at a depth of no less than three feet below the natural surface of the ground and covered with at least three feet of earthen material; or
(3) returned to the property where the animal was harvested for disposal.
(c) The carcass of a white-tailed or mule deer may be deboned, prior to transportation to a final destination, at the location where the animal was taken, provided:
(1) the meat from each deboned carcass is placed in a separate package, bag, or container;
(2) proof-of-sex and any required tag is retained and accompanies each package, bag, or container of meat;
(3) the remainder of the carcass remains at the location where the animal was harvested, except that a head may be transported to a taxidermist as provided in subsection (f) of this section.
(4) For purposes of this subsection, "deboning" means the detachment and removal of all musculature described by Parks and Wildlife Code, § 42.001(8), from the bone. Muscles must remain intact (except for physical damage occurring as a result of take) and may not be processed further (i.e, ground, chopped, sliced, etc.).
(5) Proof-of-sex and any required tag must accompany the meat from the time of harvest until the meat reaches a final destination.
(6) It is an offense for any person to possess:
(A) meat from a carcass possessed under this subsection that has been processed further than whole muscles;
(B) meat from more than one carcass in a single package, bag, or container.
(d) It is an offense for any person to dispose of those parts of an animal that the possessor does not retain for cooking, storage, or taxidermy purposes except as follows:
(1) by transport, directly or indirectly, to a landfill permitted by the Texas Commission of Environmental Quality to receive such wastes; or
(2) interment at a depth of no less than three feet below the natural surface of ground and covered with at least three feet of earthen material; or
(3) returned to the property where the animal was harvested.
(e) If a person takes a susceptible species in a CZ or SZ within which the department has not designated a mandatory check station, the person shall transport the head of the susceptible species to the nearest check station established by the department for the CZ or SZ in which the susceptible species was taken, provided such transport occurs immediately upon leaving the CZ or SZ where the animal was taken and occurs via the most direct route available.
(f) The skinned or unskinned head of a susceptible species from a CZ or SZ, other state, Canadian province, or other place outside of Texas may be transported to a taxidermist for taxidermy purposes, provided all brain material, soft tissue, spinal column and any unused portions of the head are disposed of prior to being transported to Texas, or disposed of in a landfill in Texas permitted by TCEQ to receive such wastes.