1. (a) No permits for activities governed under this subchapter may be issued to any person unless the person has met the requirements of this section. An applicant for a permit under this subchapter shall submit to the department:

   1. (1) a completed application on a form supplied by the department;
   2. (2) a letter of recommendation from each of two persons in an appropriate biological or professional field attesting to the applicant's qualifications, abilities, and experience;
   3. (3) a letter of approval, if the research involves live protected wildlife, from a university animal use committee or similar oversight entity. In the event that the applicant is an independent researcher, the applicant shall enter into a Memorandum of Understanding with the department concerning the use of live protected wildlife; and
   4. (4) a written justification explaining how the species of protected wildlife will benefit from the activity. The department may at its discretion choose to deny permit issuance when it disagrees with the justification.
2. (b) The department reserves the right to refuse issuance of an initial permit or of any subsequent permits to persons who have been finally convicted of any violation of state or federal law applicable to fish and wildlife.

Source Note:The provisions of this §69.303 adopted to be effective August 26, 1997, 22 TexReg 7901; amended to be effective April 23, 2001, 26 TexReg 3028; amended to be effective April 4, 2005, 30 TexReg 1953.