1. (a) No person may possess a live deer in this state unless that person possesses a valid permit issued by the department under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R.

2. (b) A person who possesses a valid scientific breeder's permit may:

   1. (1) possess deer within the permitted facility for the purpose of propagation;
   2. (2) engage in the business of breeding legally possessed deer within the facility for which the permit was issued;
   3. (3) sell deer that are in the legal possession of the permittee;
   4. (4) release deer from a permitted facility into the wild as provided in this subchapter;
   5. (5) recapture lawfully possessed deer that have been marked in accordance §65.607 of this title (relating to Marking of Deer) that have escaped from a permitted facility;
   6. (6) temporarily relocate and hold deer in accordance with the provisions of §65.610(a)(2) and (3) of this title (relating to Transport of Deer and Transport Permit) for breeding or nursing purposes; and
   7. (7) temporarily relocate and recapture buck deer under the provisions of Subchapter D of this chapter (relating to Deer Management Permit).

3. (c) No person may release a deer obtained or possessed under this subchapter to the wild unless the person can prove that the deer:

   1. (1) came directly from a facility enrolled in a current, valid herd health plan for cervidae approved by Texas Animal Health Commission; or
   2. (2) meets the entry requirements established by 4 TAC §51.10 (relating to Cervidae).

Source Note:The provisions of this §65.602 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective October 7, 2002, 27 TexReg 9381; amended to be effective May 7, 2003, 28 TexReg 3731.