1. (a) Except as provided in this section or in §65.325 of this title (relating to Applicability), no person in this state may possess nongame wildlife for commercial purposes, or possess more than ten specimens of a single subspecies of nongame wildlife or more than 25 specimens of nongame wildlife in the aggregate, unless that person possesses a valid commercial collection permit or a valid nongame dealer permit issued by the department.
2. (b) No person in this state may resell nongame wildlife unless that person possesses a valid nongame dealer permit by the department.
3. (c) No person may sell nongame wildlife unless that person possesses a valid commercial nongame collection permit.
4. (d) No person may, for the purpose of sale, transport or ship nongame wildlife out of this state, or cause such transport or shipment, unless that person possesses an applicable, valid nongame permit issued by the department.

5. (e) Except as provided by subsection (f) 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; however, an employee of the holder of a nongame dealer's permit may engage in commercial activity or the resale of nongame wildlife at a permanent place of business operated by the permittee, provided that:

   1. (1) the employer's 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).
6. (f) In the event that the holder of a nongame dealer's permit conducts activities at a place in addition to a permanent place of business, that person shall possess on their person a legible photocopy of a valid nongame dealer's permit during all such activities.
7. (g) 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.

Source Note:The provisions of this §65.327 adopted to be effective January 1, 1999, 23 TexReg 10034.