1. (a) The department may issue permits to individuals to trap, transport, and transplant game animals or game birds for the purposes of wildlife management.
2. (b) Permits to trap, transport, and transplant game animals and game birds may be issued only when the application is accompanied by an approved wildlife stocking plan for both the trap and release sites.

3. (c) The contents of a wildlife stocking plan shall include, but are not limited to:

   1. (1) complete land ownership information;
   2. (2) description of the land tract;
   3. (3) location of the land tract;
   4. (4) estimates of game animal or game bird densities on the tract;
   5. (5) management practices conducted on the tract; and
   6. (6) justification for the proposed activity.

4. (d) The department may deny a permit application if the department determines that:

   1. (1) the removal of game animals or game birds from the trap site may be detrimental to existing populations or systems;
   2. (2) the removal of game animals or game birds may detrimentally affect the population status on neighboring properties;
   3. (3) the release of game animals or game birds at the release site may be detrimental to existing populations or systems;
   4. (4) the release site is outside of the suitable range of the game animal or game bird;
   5. (5) the applicant has misrepresented information on the application or associated wildlife stocking plan; or
   6. (6) the activity identified in the permit application does not comply with the provisions of the department's stocking policy.
5. (e) The department may establish trapping periods, based on biological criteria, when the trapping, transporting, and transplanting of game animals and game birds under this section by individuals will be permitted.
6. (f) The department may, at its discretion, require the applicant to supply additional information concerning the proposed trapping, transporting, and transplanting activity when deemed necessary to carry out the purposes of this subchapter.

7. (g) No permit or report is required for a landowner or his/her agent to live trap, transport, and release nuisance squirrels if:

   1. (1) local ordinances prohibit the use of means and methods provided by §65.11 of this title (relating to Means and Methods);

   2. (2) written permission from the owner of the property where squirrels are to be released:

      1. (A) has been obtained prior to transport and release; and
      2. (B) is carried while transporting squirrels;

   3. (3) trapping devices are:

      1. (A) designed to not inflict physical injury to trapped squirrels; and
      2. (B) labeled with the owner's name, street address, city, and telephone number;
   4. (4) reasonable precautions are made to assure the humane treatment of trapped squirrels; and
   5. (5) trapped squirrels are released no later than 24 hours after capture.

Source Note:The provisions of this §65.103 adopted to be effective December 1, 1995, 20 TexReg 9569.