1. (a) General requirement. No person may remove deer from or accept deer into a permitted facility unless a valid transfer permit on a form provided by the department has been activated as provided in this section.

2. (b) Transfer by scientific breeder. The holder of a valid scientific breeder's permit may transfer legally possessed deer:

   1. (1) to or from another scientific breeder as a result of sale, purchase or other arrangement;
   2. (2) to or from another scientific breeder on a temporary basis for breeding or nursing purposes;
   3. (3) to an individual who purchases or otherwise lawfully obtains the deer for purposes of release but does not possess a scientific breeder's permit;
   4. (4) to an individual for the purpose of obtaining medical attention, provided the deer do not leave this state; and
   5. (5) to a facility authorized under Subchapter D of this chapter (relating to Deer Management Permit) to receive buck deer on a temporary basis.
3. (c) Transfer by person other than scientific breeder. An individual who does not possess a scientific breeder's permit may possess deer under a transfer permit if the individual is transporting deer within the state and the deer were legally purchased or obtained from a scientific breeder for purposes of release.

4. (d) Release.

   1. (1) The department may authorize the release of deer for stocking purposes if the department determines that the release of deer will not detrimentally affect existing populations or systems.

   2. (2) Deer lawfully purchased, possessed, or obtained for stocking purposes may be held in captivity for no more than 30 days:

      1. (A) to acclimate the deer to habitat conditions at the release site;
      2. (B) when specifically authorized by the department;
      3. (C) if they are not hunted prior to release; and
      4. (D) if the temporary holding facility is physically separate from any scientific breeder facility and the deer being temporarily held are not commingled with deer being held in a scientific breeder facility. Deer removed from a scientific breeder facility to a temporary holding facility shall not be returned to any scientific breeder facility. No deer shall be released from a temporary holding facility during an open season or within ten days of an open season unless the antlers immediately above the pedicel have been removed.
   3. (3) An individual who does not possess a scientific breeder's permit may possess deer under a transfer permit if the individual is transporting deer within the state and the deer were legally purchased or obtained from a scientific breeder for purposes of release.

5. (e) Transfer permit.

   1. (1) A transfer permit is valid for 48 consecutive hours from the time of activation.
   2. (2) A transfer permit authorizes the transfer of deer to one and only one receiver.

   3. (3) A transfer permit is activated only by:

      1. (A) notifying the Law Enforcement Communications Center in Austin prior to the transport of any deer; or
      2. (B) utilizing the department's web-based activation mechanism prior to the transport of any deer.

   4. (4) A person in possession of live deer at any place other than within a permitted facility shall also possess on their person a department-issued transfer permit legibly indicating, at a minimum:

      1. (A) the species, sex, and unique number of each deer in possession;
      2. (B) the source and destination facilities, or, if applicable, the specific release location for each deer in possession;
      3. (C) the date and time that the permit was activated.

   5. (5) Not later than 48 hours following the completion of all activities under a transfer permit, the permit shall be:

      1. (A) legibly completed and faxed to the Wildlife Division in Austin by the person designated on the permit as the party responsible for notification of the department; or
      2. (B) completed and submitted using the department's web-based permit-completion mechanism.

   6. (6) A scientific breeder may transport deer without a transfer permit from a permitted facility to a licensed veterinarian, provided:

      1. (A) the transport occurs by the most feasible direct route;
      2. (B) the deer are not removed from the means of transportation at any point between the permitted facility and the veterinary facility; and
      3. (C) the deer do not leave this state.
6. (f) Marking of vehicles and trailers. No person may possess, transport, or cause the transportation of deer in a trailer or vehicle under the provisions of this subchapter unless the trailer or vehicle exhibits an applicable inscription, as specified in this subsection, on the rear surface of the trailer or vehicle. The inscription shall read from left to right and shall be plainly visible at all times while possessing or transporting deer upon a public roadway. The inscription shall be attached to or painted on the trailer or vehicle in block, capital letters, each of which shall be of no less than six inches in height and three inches in width, in a color that contrasts with the color of the trailer or vehicle. If the person is not a scientific breeder, the inscription shall be "TXD". If the person is a scientific breeder, the inscription shall be the scientific breeder serial number issued to the person.

Source Note:The provisions of this §65.610 adopted to be effective May 23, 2006, 31 TexReg 4227.