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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER ASTATEWIDE HUNTING PROCLAMATION
DIVISION 1GENERAL PROVISIONS
RULE §65.10Possession of Wildlife Resources

(a) For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed.

(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.

  (1) At a final destination other than a cold storage or processing facility required to maintain a cold storage record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements for a carcass cease when the forequarters, hindquarters, and back straps have been completely severed from the carcass.

  (2) At a cold storage or processing facility required to maintain a cold storage record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements for a carcass cease when:

    (A) the forequarters, hindquarters, and back straps have been completely severed from the carcass; and

    (B) the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book that the cold storage or processing facility is required to maintain.

  (3) The provisions of this subsection do not modify or eliminate any requirement of this subchapter or the Parks and Wildlife Code applicable to a carcass before it is at a final destination.

(c) A person who lawfully takes a deer is exempt from the tagging requirements of Parks and Wildlife Code, §42.018 if the deer is taken:

  (1) under the provisions of §65.26 of this title (relating to Managed Lands Deer Permits (MLDP)--White-tailed Deer);

  (2) under the provisions of §65.34 of this title (relating to Managed Lands Deer Permits (MLDP)--Mule Deer);

  (3) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));

  (4) under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);

  (5) by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation);

  (6) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271;

  (7) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program; or

  (8) under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits).

(d) A person who kills a bird or animal under circumstances that require the bird or animal to be tagged with a tag from the person's hunting license shall immediately attach a properly executed tag to the bird or animal.

(e) Proof of sex for deer and antelope must remain with the carcass until tagging requirements cease.

  (1) Proof of sex for deer consists of:

    (A) buck: the head, with antlers still attached; and

    (B) antlerless: the head.

  (2) Proof of sex for antelope consists of the unskinned head.

(f) In a county where the bag composition for turkey is restricted to gobblers and/or bearded hens, proof of sex must remain with a turkey until it reaches either the possessor's permanent residence or a cold storage/processing facility and is finally processed. Proof of sex for turkey is as follows:

  (1) male turkey:

    (A) one leg, including the spur, attached to the bird; or

    (B) the bird, accompanied by a patch of skin with breast feathers and beard attached.

  (2) female turkey taken during the fall season: the bird, accompanied by a patch of skin with breast feathers and beard attached.

(g) Proof of sex for pheasant consists of: one leg, including the spur, attached to the bird or the entire plumage attached to the bird.

(h) No additional proof of sex is required for a deer that is lawfully tagged in accordance with:

  (1) the provisions of §65.26 of this title;

  (2) the provisions of §65.34 of this title;

  (3) the provisions of §65.28 of this title;

  (4) the provisions of §65.32 of this title;

  (5) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or

  (6) under the provisions of §65.27 of this title.

(i) In lieu of proof of sex, the person who killed the wildlife resource may:

  (1) obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:

    (A) the name of person who killed the wildlife resource;

    (B) the date the wildlife resource was killed;

    (C) one of the following, as applicable:

      (i) whether the deer was antlered or antlerless;

      (ii) the sex of the antelope;

      (iii) the sex of the turkey and whether a beard was attached; or

      (iv) the sex of the pheasant; or

  (2) if the deer is to be tested by the department for chronic wasting disease, obtain a department-issued receipt (PWD 905).

(j) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource. A wildlife resource may be possessed without a WRD by the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code.

  (1) For deer and antelope, a properly executed wildlife resource document shall accompany the carcass or part of a carcass until tagging requirements cease.

  (2) For turkey, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence or a cold storage/processing facility and is finally processed.

  (3) For all other wildlife resources, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence and is finally processed.

  (4) The wildlife resource document must contain the following information:

    (A) the name, signature, address, and hunting license number, as required, of the person who killed or caught the wildlife resource;

    (B) the name of the person receiving the wildlife resource;

    (C) a description of the wildlife resource (number and type of species or parts);

    (D) the date the wildlife resource was killed or caught; and

    (E) the location where the wildlife resource was killed or caught (name of ranch; area; county).

  (5) A taxidermist who accepts a deer or turkey shall retain the wildlife resource document or tag accompanying each deer or turkey for a period of two years following the return of the resource to the owner or the sale of the resource under the provisions of Parks and Wildlife Code, §62.023.

(k) It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possesses a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged.

(l) The identification requirements for desert bighorn sheep skulls are as follows.

  (1) No person may possess the skull of a desert bighorn ram in this state unless:

    (A) one horn has been marked with a department identification plug by a department representative; or

    (B) the person also possesses evidence of lawful take in the state or country where the ram was killed.

  (2) A person may possess the skull and horns of a desert bighorn ram found dead in the wild, provided:

    (A) the person did not cause or participate in the death of the ram;

    (B) the person notifies a department biologist or game warden within 48 hours of discovering the dead ram and arranges for marking with a department identification plug by a department representative; and

    (C) the landowner on whose property the skull was found signs an affidavit prior to the time the skull is marked that attests the place and date that the person discovered the ram.

  (3) Individual horns may be possessed without any identification or documentation.

  (4) This subsection does not apply to skulls possessed prior to July 11, 2004.


Source Note: The provisions of this §65.10 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2003, 28 TexReg 5206; amended to be effective July 11, 2004, 29 TexReg 6341; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective August 31, 2008, 33 TexReg 6930; amended to be effective August 10, 2009, 34 TexReg 5404; amended to be effective June27, 2010, 35 TexReg 5575

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