1. (a) Activities authorized by a permit issued under this section shall be made only by the permittee(s) or subpermittee(s) named on the permit. Volunteers may assist in these activities, but only when in the presence of a permittee or subpermittee. A permittee utilizing volunteers shall keep on file at the permitted facility a signed and dated affidavit authorizing the status of each volunteer.
2. (b) Protected wildlife held under the authority of a rehabilitation permit may not be sold, bartered, or exchanged for any consideration. A permit issued under this section shall not authorize a person, firm, or corporation to engage in the propagation or commercial sale of protected wildlife.
3. (c) A permit holder shall conduct rehabilitation in an environment which minimizes human contact and prevents human and domestic animal imprinting or bonding.
4. (d) Except for permitted educational purposes, wildlife possessed under the permit shall not come in contact with anyone other than the permit holder, subpermittees, volunteers, licensed veterinarians or the staff of licensed veterinarians.
5. (e) A permit holder shall not allow the viewing, exhibit, or display to the public of animals under rehabilitation unless specifically authorized by permit provision.
6. (f) A permit holder shall not conduct rehabilitation on the same property as a fur-bearing animal propagation facility. This restriction may be waived by the department on a case-by-case basis.

7. (g) Non-releasable protected wildlife shall be euthanized unless the permittee meets the criteria established in paragraph (1) or (2) of this subsection for the retention of nonreleasable wildlife. Permission to retain non-releasable wildlife may be granted only to rehabilitators who have at least three years' experience as a permitted wildlife rehabilitator.

   1. (1) The department may permit the retention of nonreleasable wildlife for approved educational, fostering, or socialization purposes, or for transfer to zoological, scientific, or educational permit holders. Requests must be made in writing to the department and no transfer shall take place until the department has approved the request.
   2. (2) Prior to December 31, 1997, the department may grant on a case-by-case basis, via letter of authorization, permission for permitted rehabilitators to retain nonreleasable wildlife.
8. (h) Permit holders possessing non-releasable raptors shall band the raptors with markers supplied by the department.
9. (i) All medical treatment shall be performed in consultation with a licensed veterinarian.
10. (j) Euthanized wildlife and wildlife that has died while under the care of a permittee may be retained by the permittee or transferred to another permitted wildlife rehabilitator.
11. (k) This subchapter does not apply to department personnel, or transport by animal control officers, or peace officers in the performance of official duties.
12. (l) The department may temporarily waive any provision of this subchapter during a wildlife health crisis.

Source Note:The provisions of this §69.44 adopted to be effective January 30, 1997, 22 TexReg 902.