1. (a) The entire perimeter fence of a facility shall be no less than seven feet in height, and shall be constructed of department-approved net mesh, chain link or welded wire that will retain deer. An indoor facility is acceptable if it meets the standards described in this section and provides permanent access to an outdoor environment that is sufficient for keeping the deer in captivity.
2. (b) A permittee shall notify the department immediately upon discovering the escape of deer from a facility. Such notice shall be made on a form provided by the department and shall be notarized. The permittee shall have ten days from the date of such report to capture only those deer that are marked in accordance with §65.607 of this title (relating to Marking of Deer). All recaptured deer must be returned to the facility from which the deer escaped. If after ten days the permittee is unable to capture escaped deer that have been reported in accordance with this subsection, the department may grant an additional five-day period for capture efforts to continue, contingent upon the permittee proving to the department's satisfaction that reasonable efforts were made to effect the capture during the first ten-day period.

Source Note:The provisions of this §65.605 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.