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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65WILDLIFE
SUBCHAPTER OCOMMERCIAL NONGAME PERMITS
RULE §65.327Permit Required

(a) General Requirement. Except as provided in this subchapter, no person may collect, acquire, possess, import, export, cause the import or export of, or engage in a commercial activity involving nongame wildlife.

(b) Permit Privileges and Restrictions.

  (1) The holder of a valid nongame dealer permit may:

    (A) collect nongame wildlife listed in §65.331(b) and (d) of this title (relating to Commercial Activity) from the wild;

    (B) sell lawfully obtained nongame wildlife to anyone;

    (C) acquire nongame wildlife by or for a commercial activity only from a person permitted under this subchapter or a lawful out-of-state source; and

    (D) import nongame wildlife, including species listed in §65.331(e) of this title, into Texas for any purpose, including sale or resale, or for purposes of export, provided the person:

      (i) does not release the nongame wildlife in Texas or allow the nongame wildlife to commingle with native nongame wildlife in Texas;

      (ii) possesses an invoice, bill of sale, or receipt establishing that the nongame wildlife was lawfully obtained in and transported from another state;

      (iii) completes and mails to the department a department-supplied Notice of Import/Export within 24 hours of each instance of receiving such nongame wildlife from out-of-state; and

      (iv) maintains all documentation required by this paragraph for a period of two years following the importation of the nongame wildlife. The documentation required by this paragraph includes the dealer's copy of each Notice of Import/Export. All documentation shall be provided at the request of any department employee acting within the scope of official duties;

    (E) export lawfully obtained nongame wildlife, including species listed in §65.331(e) of this title, from Texas for any reason, including sale or resale, provided the person:

      (i) completes and mails to the department a department-supplied Notice of Import/Export within 24 hours of each instance of shipping such wildlife out-of-state; and

      (ii) maintains the dealer's copy of each Notice of Import/Export for a period of two years following each instance of exportation of nongame wildlife. The documentation required by this paragraph shall be provided at the request of any department employee acting within the scope of official duties; and

    (F) engage in captive breeding of all species of nongame wildlife; and

    (G) possess, transport, purchase, sell, resell, import, or export dead armadillos (Dasypus novemcinctus); however, the possession, transportation, sale, resale, import, or export of live armadillos is prohibited under Parks and Wildlife Code, §63.103.

  (2) The holder of a valid nongame permit:

    (A) may collect nongame wildlife listed in §65.331(d) of this title from the wild; and

    (B) may purchase or acquire nongame wildlife, including species listed in §65.331(e) of this title, from the holder of a valid nongame dealer permit or lawful out-of-state source; but

    (C) may sell only to the holder of a valid nongame dealer permit; and

    (D) may possess, transport, purchase, sell, resell, import, or export dead armadillos (Dasypus novemcinctus), however:

      (i) dead armadillos may be sold only to the holder of a valid nongame dealer permit; and

      (ii) the possession, transportation, sale, resale, import, or export of live armadillos is prohibited under Parks and Wildlife Code, §63.103.

  (3) A person without a nongame or nongame dealer's permit may:

    (A) possess six or fewer specimens of a species of nongame wildlife listed in §65.331(e) of this title, provided the person does not engage in commercial activity involving the nongame wildlife; and

    (B) possess 25 or fewer specimens of a species of nongame wildlife listed in §65.331(d) of this title, provided the person does not engage in commercial activity involving the nongame wildlife.

  (4) A permit is not required for any person to sell nongame wildlife listed in §65.331(b) or (d) of this title for and ready for immediate consumption in individual portion servings, and which are subject to limited sales or use tax, provided the person maintains a receipt identifying the source of the nongame wildlife.

  (5) Notwithstanding any other requirement of this subchapter, no permit under this subchapter is required to purchase, possess, or sell processed products made from nongame wildlife.

  (6) No person in this state may take nongame wildlife and subsequently treat it to create a processed product for sale, offer for sale, exchange, or barter unless that person possesses a valid nongame dealer's permit.

(c) Possession of Permit.

  (1) This subchapter does not relieve any person of the obligation to possess an appropriate hunting license for any activity involving the take of nongame wildlife.

  (2) Except as provided in this section, a permit required by this subchapter shall be possessed on the person of the permittee during any activity governed by this subchapter. A separate permit is required for each permanent place of business. An employee of a nongame dealer may engage in commercial activity or the resale of nongame wildlife only at a permanent place of business operated by the permittee, provided that:

    (A) the employer's permit or a legible photocopy of the permit is maintained at the place of business during all activities governed by this subchapter; and

    (B) the place of business has been identified on the application required by §65.329 of this title (relating to Permit Application).

  (3) In the event that a nongame dealer conducts a commercial activity at a place in addition to the permittee's permanent place of business, that person shall possess on their person the original or a legible photocopy of a valid nongame dealer's permit.

(d) Period of Permit Validity. A permit issued under this subchapter is valid through the August 31 immediately following the date of issuance.

(e) Exception. No permit is required for nongame wildlife not taken or originating in Texas that are shipped by common carrier or accompanied by documentation of lawful possession from outside of this state to a destination within this state for immediate shipment outside the state.


Source Note: The provisions of this §65.327 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041; amended to be effective October 21, 2007, 32 TexReg 7472; amended to be effective November 18, 2008, 33 TexReg 9266; amended to be effective November 16, 2011, 36 TexReg 7672

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