1. (a) General requirement. No person may remove breeder deer from or accept breeder 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 deer breeder. The holder of a valid deer breeder's permit may transfer legally possessed breeder deer:

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

4. (d) Release.

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

   2. (2) Breeder 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 breeder 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 deer breeding facility and the breeder deer being temporarily held are not commingled with breeder deer being held in a deer breeding facility. Breeder deer removed from a deer breeding facility to a temporary holding facility shall not be returned to any deer breeding facility. Except as provided in Parks and Wildlife Code, §43.363, no breeder deer shall be released from a temporary holding facility during an open season or the 10-day period immediately preceding an open season.

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 breeder 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 breeder deer; or
      2. (B) utilizing the department's web-based activation mechanism prior to the transport of any breeder deer.

   4. (4) No person may possess a live breeder deer at any place other than within a permitted facility unless that person also possesses on their person a department-issued transfer permit legibly indicating, at a minimum:

      1. (A) the species, sex, and unique number of each breeder deer in possession;
      2. (B) the source and destination facilities, or, if applicable, the specific release location for each breeder 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 deer breeder may transport breeder 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 breeder deer are not removed from the means of transportation at any point between the permitted facility and the veterinary facility; and
      3. (C) the breeder deer do not leave this state.
6. (f) Marking of vehicles and trailers. No person may possess, transport, or cause the transportation of breeder 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 breeder 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 deer breeder, the inscription shall be "TXD". If the person is a deer breeder, the inscription shall be the deer 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; amended to be effective March 21, 2007, 32 TexReg 1581; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 10, 2009, 34 TexReg 5407.