1. (a) Permit applications.

   1. (1) Application for permits authorized under this subchapter shall be on a form prescribed by the department.
   2. (2) A single application for a Trap, Transport, and Transplant Permit or an Urban White-tailed Removal Permit may specify multiple trap and/or release sites. A single application for a Trap, Transport, and Process Surplus White-tailed Deer Permit may specify multiple trap sites and/or processing facilities.
   3. (3) A single application may not specify multiple species of game birds and/or game animals.

   4. (4) The application must be signed by:

      1. (A) the applicant;
      2. (B) the landowner or agent of the trap site(s); and
      3. (C) the landowner or agent of the release site(s) or the owner or agent of the processing facility or facilities.
   5. (5) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities.

2. (b) Appeals. An applicant for a permit under this subchapter may appeal the decisions of the department concerning the stipulations of a permit. All appeals involving the provisions of paragraphs (1) and (2) of this subsection shall be resolved within 10 working days of notification of the department by the person making the appeal.

   1. (1) An applicant seeking to appeal the decisions of the department with respect to permit issuance under this subchapter shall first contact the immediate in-line supervisor of the TPW employee responsible for authorizing the permitted activities.

   2. (2) If the determination of the immediate in-line supervisor is unsatisfactory to the applicant, the applicant is entitled to have the appeal presented to an appeals panel. The decision of the appeals panel is final. The appeals panel shall consist of the following:

      1. (A) the Director of the Wildlife Division;
      2. (B) the Regional Director and District Leader with jurisdiction; and
      3. (C) the White-tailed Deer Program Leader and the Big Game Program Director.
   3. (3) If the determination of the panel is unsatisfactory to the applicant, the applicant is entitled to have the appeal presented to the Private Lands Advisory Board and the Hunting Advisory Board for the purpose of determining if regulatory revision is appropriate.

3. (c) Permit fees.

   1. (1) The nonrefundable processing fees for permits and amendments authorized pursuant to this subchapter are prescribed in Chapter 53, Subchapter A of this title (relating to Fees).
   2. (2) The department will not process any permit application unless the appropriate fee has been received by the department.
   3. (3) Applications to trap, transport, and transplant nuisance squirrels are exempt from application fees.
   4. (4) Applications for urban white-tailed deer removal permits that specify trap sites consisting solely of property owned by a political subdivision or institution of higher education of this state are exempt from application fees.
   5. (5) Applications to trap, transport, and process surplus white-tailed deer are exempt from application fees.

Source Note:The provisions of this §65.107 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective January 3, 2005, 29 TexReg 12231.