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RULE §65.901Cormorant Control Permit

A permit issued under this section is valid only for the take of double-crested cormorants and does not authorize the wounding, disturbing, or taking of any other bird which otherwise is protected by any applicable provision of the Parks and Wildlife Code or a regulation of the department.

  (1) The department may issue a permit authorizing the take of double-crested cormorants (Phalacrocorax auritus) on specific lands and waters.

  (2) Each permit is valid only for the tract or tracts of land for which it is issued.

  (3) Each permit shall be issued to a named individual who is the owner of or authorized agent for the tract of land for which the permit is issued.

  (4) Each person to whom a permit is issued shall complete and submit an annual report on a form supplied by the department by no later than August 1 of each year.

  (5) Any person in possession of a valid hunting license may conduct control activities on double-crested cormorants, provided that person also possesses upon their person a copy of a permit issued for the tract of the land where the control activities take place. The copy of the permit must be signed in person by the person to whom the permit was issued.

  (6) The department will not issue a permit to any person who has, within the three years immediately prior to an application for a permit, been convicted of or subject to deferred adjudication for a violation of the Texas Parks and Wildlife Code or a regulation of the department.

  (7) Each person conducting control activities under the provisions of this section shall comply with all applicable provisions of the federal regulations located at 50 CFR, Part 21, §21.48, including restrictions on means and methods, lawful shooting hours, and disposal of carcasses.

  (8) It is an offense to:

    (A) take any bird other than a double-crested cormorant under a permit issued under this section;

    (B) use a permit on any tract of land other than that for which it was issued; or

    (C) fail to abide by any condition of a permit issued under the provisions of this section.

Source Note: The provisions of this §65.901 adopted to be effective October 10, 2004, 29 TexReg 9545

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