1. (a) Until this section is repealed, no permits to trap, transport, and transplant white-tailed deer or mule deer shall be issued by the department unless a sample of adult deer from the trap site equivalent to 10% of the number of deer to be transported has been tested and certified 100% negative for chronic wasting disease by the Texas Veterinary Medical Diagnostic Laboratory.

   1. (1) The sample size shall be no more than 40 or less than ten animals.
   2. (2) The test results required by this section shall be presented to the department prior to the transport of any deer.
   3. (3) All deer released shall be marked in one ear with a department-assigned identification number.
2. (b) Nothing in this section authorizes the take of deer. The take of deer for the purposes of this section shall be in accordance with applicable laws and regulations.

Source Note:The provisions of this §65.102 adopted to be effective November 28, 2002, 27 TexReg 11152.