1. (a) For the purposes of this subchapter, the content of a wildlife stocking plan for a release site shall be the same as that required for a wildlife management plan under the provisions of §65.25 of this title (relating to Wildlife Management Plan). Applications may be approved without an inspection, provided:

   1. (1) the release will not exceed a ratio of one white-tailed deer per 200 acres at the release site; however, when the accumulated releases on a tract result in a ratio of one deer to 200 acres, no further releases shall take place unless a site inspection has been performed by the department; or

   2. (2) the property has been issued Level III MLD permits within the three years immediately preceding the release, is in compliance with all requirements of the wildlife management plan for the property and the activities involve only doe deer; and

      1. (A) the number of doe deer to be trapped is not greater than the number of unused antlerless MLD permits from the hunting season coinciding with the current trapping period;
      2. (B) the number of doe deer to be released does not cause the total population of deer on the release site to exceed the total population size specified in a management plan under the provisions of §65.25 of this title; and
      3. (C) the harvest quota under §65.26 of this title (relating to Managed Lands Deer Permits) for the release site would not result in a population reduction of greater than 50% of recruitment below the total population size specified under the provisions of §65.25 of this title.
2. (b) Applications received by the department between September 1 and November 15 in a calendar year shall be approved or denied within 45 days of receipt.

3. (c) 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;
   6. (6) the activity identified in the permit application does not comply with the provisions of the department's stocking policy; or
   7. (7) the trapping activity would involve deer held under a Deer Management Permit.

4. (d) A buck deer transported under the provisions of this subchapter shall have its antlers removed prior to transport, unless:

   1. (1) the transport takes place between February 10 and March 31 of a calendar year; or
   2. (2) the trap site and the release site are owned by the same person. The sites shall be contiguous, but may be separated by a water body or public roadway.
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) Game animals and game birds killed in the process of conducting permitted activities shall count as part of the total number of game animals or game birds authorized by the permit to be trapped.

Source Note:The provisions of this §65.103 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922; amended to be effective August 15, 2001, 26 TexReg 6024.