1. (a) Except as provided in this section or in §65.325 of this title (relating to Applicability), no person may, for the purpose of commercial activity, take, attempt to take, possess, import, export, or cause the export of nongame wildlife or possess more than 25 specimens of nongame wildlife unless that person possesses a valid nonngame permit or a valid dealer's nongame permit issued by the department.
2. (b) A person possessing a valid nongame permit may sell nongame wildlife only to a person in possession of a valid dealer's nongame permit.
3. (c) A person possessing a valid dealer's nongame permit may sell nongame wildlife to anyone.
4. (d) No person may collect nongame wildlife and subsequently treat it to create a processed product for sale, offer for sale, exchange, or barter unless that person possesses a valid dealer's nongame permit.
5. (e) No person in this state may resell nongame wildlife unless that person possesses a valid dealer's nongame permit issued by the department.
6. (f) A nongame dealer may, through commercial activity, acquire nongame wildlife only from a person permitted under this subchapter or a lawful out of state source.

7. (g) Except as provided by subsection (h) of this section, a permit required by this subchapter shall be possessed on the person of the permittee during any activity governed by this subchapter. A separate permit is required for each permanent place of business. An employee of a nongame dealer may engage in commercial activity or the resale of nongame wildlife only at a permanent place of business operated by the permittee, provided that:

   1. (1) the employer's permit or a legible photocopy of the permit is maintained at the place of business during all activities governed by this subchapter; and
   2. (2) the place of business has been identified on the application required by §65.329 of this title (relating to Permit Application).
8. (h) In the event that a nongame dealer conducts a commercial activity at a place in addition to the permittee's permanent place of business, that person shall possess on their person the original or a legible photocopy of a valid nongame dealer's permit.
9. (i) This subchapter does not relieve any person of the obligation to possess an appropriate hunting license for any activity involving the take of nongame wildlife.
10. (j) A permit issued under this subchapter is valid through the August 31 immediately following the date of issuance.

Source Note:The provisions of this §65.327 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041.