1. (a) Except as provided in §65.330 of this title (relating to Record and Reporting Requirements) and subsection (b) of this section, this subchapter applies only to the nongame wildlife listed in §65.331 of this title (relating to Affected Species), living or dead, including parts of nongame wildlife and captive-bred nongame wildlife.

2. (b) This subchapter does not apply to:

   1. (1) fish;
   2. (2) the purchase, possession, or sale of processed products, except as provided in §65.327(d) of this title (relating to Permit Required);
   3. (3) teachers at accredited primary or secondary educational institutions, provided that the nongame wildlife is possessed solely for educational purposes and is not sold or transferred to another person for the purpose of sale;
   4. (4) persons or establishments selling nongame wildlife for and ready for immediate consumption in individual portion servings, and which are subject to limited sales or use tax;
   5. (5) any person 16 years of age or younger, provided the person is not engaged in a commercial activity involving nongame wildlife; or
   6. (6) aquatic products possessed under a valid bait dealer's license.

Source Note:The provisions of this §65.325 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041.