31 Tex. Admin. Code § 69.44 - General Provisions
(a) Activities
authorized by a permit issued under this subchapter shall be conducted only by
the permittee and/or subpermittees named on the permit or volunteers in
compliance with the requirements of this subchapter.
(b) Except as provided in subsection (c) of
this section, activities authorized by a permit issued under this subchapter
shall be conducted only at a rehabilitation facility or satellite facility
registered with the department via an electronic application designated by the
department for that purpose.
(c) A
permittee or subpermittee may possess sick or injured wildlife while not at a
registered facility or satellite facility only for the amount of time necessary
to stabilize and transport the wildlife to a registered facility or satellite
facility.
(d) A volunteer may
engage in permitted activities if:
(1) the
volunteer is identified on the daily volunteer log as required under §
69.52 of this title (relating to
Reports and Recordkeeping); and
(2)
the supervisory permittee or a subpermittee is present. At any time that the
supervisory permittee or a subpermittee is not present, volunteer activity must
be limited to feeding, watering, cleaning of cages and enclosures, and other
custodial activities that involve only incidental contact with
wildlife.
(e) Wildlife
held under the authority of a permit issued under this subchapter may not be
sold, bartered, or exchanged for any consideration. A permit issued under this
subchapter shall not authorize a person, firm, or corporation to engage in the
propagation or commercial sale of wildlife.
(f) Wildlife held under the authority of a
permit issued under this subchapter shall not be commingled with domestic pets,
livestock, exotic livestock, exotic fowl, or non-indigenous wildlife.
(g) A permittee shall conduct rehabilitation
in an environment which minimizes human contact and prevents human and domestic
animal imprinting or bonding.
(h)
Except for permitted educational purposes, wildlife possessed under a
rehabilitation permit shall not come in contact with anyone other than the
permittee and/or subpermittees, volunteers, licensed veterinarians, or the
staff of licensed veterinarians.
(i) A permittee shall not allow the viewing,
exhibit, or display to the public of animals possessed under a rehabilitation
permit unless specifically authorized by permit provision.
(j) A permittee shall not conduct activities
governed under this subchapter on the same property as a fur-bearing animal
propagation facility or deer breeding facility unless specifically authorized
in writing by the department.
(k)
Non-releasable wildlife shall be euthanized except as provided by this
subsection.
(1) Permission to retain
non-releasable wildlife may be granted only to permittees who have at least
three years' experience as a permitted wildlife rehabilitator.
(2) The department may permit the retention
of non-releasable wildlife for approved educational, fostering, or
socialization purposes, or for transfer to zoological, scientific, or
educational permittees. Requests must be made in writing to the department and
no transfer shall take place until the department has approved the request. A
request to retain non-releasable wildlife under this subsection shall include a
statement from a licensed veterinarian that the animal is non-releasable and
the reasons why the animal is non-releasable. The department will not authorize
the retention of an animal that because of a disease or condition poses a
danger to humans, other animals, or itself.
(l) Permittees possessing non-releasable
raptors shall band the raptors with markers supplied by the
department.
(m) Wildlife
rehabilitation of white-tailed deer and mule deer is restricted to fawns only.
No permittee or subpermittee may accept or possess a white-tailed or mule deer
that is in adult pelage (no spots). All white-tailed or mule deer received by a
permittee shall immediately be identified by the attachment to the pinna of
either ear of:
(1) a Radio Frequency
Identification Device (RFID) button tag approved by the department;
and
(2) a "dangle" type tag bearing
the unique identifier assigned to the deer by the department.
(3) The RFID tag required by this subsection
must have an associated 15-digit animal identification number conforming to the
840 standards of the United States Department of Agriculture, which number
shall be reported to the department in accordance with the applicable
provisions of §
65.92 of this title (relating to
Reports and Recordkeeping).
(4) It
is an offense for any person to remove or allow the removal of a tag required
by this subsection from a living white-tailed or mule deer.
(5) A permittee or subpermittee who transfers
a white-tailed or mule deer shall notify the administrator of the wildlife
rehabilitation program at least 24 hours but not more than 48 hours prior to
and following the completion of the transfer.
(6) Deer must be released, transferred, or
euthanized by the end of the calendar year in which they were born or at the
time they grow adult pelage, whichever occurs first.
(7) The department may require any deer held
under a permit issued under this subchapter to be tested for chronic wasting
disease.
(n) All medical
treatment, including vaccinations, shall be performed in consultation with a
licensed veterinarian and in accordance with all applicable laws regarding
extra-label use of medications and biologicals.
(o) Euthanized wildlife and wildlife that has
died while under the care of a permittee shall be:
(1) transferred to a person authorized by law
to receive such wildlife;
(2)
disposed of in a Type 1 landfill; or
(3) interred or incinerated onsite in
compliance with any applicable local, state, or federal law regarding animal
carcass burial or disposal.
(4)
Open-pit disposal and burn-pile incineration are prohibited.
(p) This subchapter does not apply
to department personnel, or transport by animal control officers or peace
officers in the performance of official duties.
(q) The department may temporarily waive any
provision of this subchapter during a wildlife health crisis.
(r) The department may designate a manual
process in lieu of any electronic application requirement of this subchapter if
for whatever reason the electronic application is unavailable.
Notes
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