1. (a) A person who holds a permit under the authority of Parks and Wildlife Code, Chapter 43, Subchapter G, is authorized to engage in the management of wildlife and exotic animals by the use of aircraft only on land named in the landowner's authorization. The permit shall be carried in aircraft when performing management by the use of aircraft.
2. (b) A pilot of an aircraft used for the management of wildlife or exotic animals must maintain a daily flight log and report. The daily flight log must be current and available for inspection by game wardens at reasonable times. Each permit holder and pilot shall comply with all Federal Aviation regulations for the specific type of aircraft listed on their permit.
3. (c) It is lawful for a person who holds a permit under the authority of Parks and Wildlife Code, Chapter 43, Subchapter G, to contract with a qualified landowner or landowner's authorized agent to act as a gunner or observer in the taking of depredating feral hogs or coyotes from a helicopter, provided that the permittee possesses a valid, properly executed landowner's authorization describing the activity.

4. (d) A person commits an offense if:

   1. (1) the person hunts, shoots, shoots at, kills, or attempts to kill from an aircraft any wildlife or exotic animals other than wildlife or exotic animals authorized by the permit and landowner's authorization;
   2. (2) the person intentionally harasses, disturbs, hazes, or buzzes any wildlife or exotic animals by the use of an aircraft other than wildlife or exotic animals authorized in a permit and landowner's authorization;

   3. (3) the person acts as a gunner, observer, or pilot during a flight related to management of wildlife or exotic animals from an aircraft and the person has:

      1. (A) been convicted of, pleaded nolo contendere to, or received deferred adjudication for a violation of Parks and Wildlife Code that is a Class A misdemeanor or felony, not to include violations of Parks and Wildlife Code, Chapter 31; or
      2. (B) been convicted, pleaded nolo contendere to, received deferred adjudication or pre-trial diversion, or assessed a civil penalty for a violation of 16 U.S.C. §§3371 - 3378 (the Lacey Act);
   4. (4) the person pilots an aircraft to manage wildlife or exotic animals without a valid pilot's license as required by the Federal Aviation Administration;
   5. (5) the person pays, barters, or exchanges anything of value to participate as a gunner or observer, except as may be otherwise provided in this subchapter;
   6. (6) the person acting as a gunner or pilot under an aerial management permit takes or attempts to take any wildlife or exotic animals for any purpose other than is necessary for the protection of lands, water, wildlife, livestock, domesticated animals, human life, or crops, except that any wildlife or exotic animals, once lawfully taken pursuant to this subchapter may be sold if their sale is not otherwise prohibited;
   7. (7) the person acting as a gunner or pilot hunts, takes, kills, manages or attempts to hunt, take, kill or manage wildlife or exotic animals during the hours between 1/2-hour after sunset and 1/2-hour before sunrise;
   8. (8) the person operates an aircraft for the management of wildlife or exotic animals and is not named as an authorized pilot in a permit;
   9. (9) the person takes, captures, or kills more wildlife or exotic animals on properties than are specified in the landowner's authorization;
   10. (10) the person uses a permit for the purpose of sport hunting.
5. (e) These rules do not exempt any person from the requirement for other licenses or permits required by statute or rule of the commission.

Source Note:The provisions of this §65.152 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective October 30, 2011, 36 TexReg 7343.