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 §65.116 adopted to be effective November 7, 2000, 25 TexReg 10922.