Section 69.44 - General Provisions(a) Activities authorized by a permit issued under this subchapter shall be conducted only by the permittee and/or subpermittees named on the permit or volunteers in compliance with the requirements of this subchapter.(b) Except as provided in subsection (c) of this section, activities authorized by a permit issued under this subchapter shall be conducted only at a rehabilitation facility or satellite facility registered with the department via an electronic application designated by the department for that purpose.(c) A permittee or subpermittee may possess sick or injured wildlife while not at a registered facility or satellite facility only for the amount of time necessary to stabilize and transport the wildlife to a registered facility or satellite facility.(d) A volunteer may engage in permitted activities if:(1) the volunteer is identified on the daily volunteer log as required under § 69.52 of this title (relating to Reports and Recordkeeping); and(2) the supervisory permittee or a subpermittee is present. At any time that the supervisory permittee or a subpermittee is not present, volunteer activity must be limited to feeding, watering, cleaning of cages and enclosures, and other custodial activities that involve only incidental contact with wildlife.(e) Wildlife held under the authority of a permit issued under this subchapter may not be sold, bartered, or exchanged for any consideration. A permit issued under this subchapter shall not authorize a person, firm, or corporation to engage in the propagation or commercial sale of wildlife.(f) Wildlife held under the authority of a permit issued under this subchapter shall not be commingled with domestic pets, livestock, exotic livestock, exotic fowl, or non-indigenous wildlife.(g) A permittee shall conduct rehabilitation in an environment which minimizes human contact and prevents human and domestic animal imprinting or bonding.(h) Except for permitted educational purposes, wildlife possessed under a rehabilitation permit shall not come in contact with anyone other than the permittee and/or subpermittees, volunteers, licensed veterinarians, or the staff of licensed veterinarians.(i) A permittee shall not allow the viewing, exhibit, or display to the public of animals possessed under a rehabilitation permit unless specifically authorized by permit provision.(j) A permittee shall not conduct activities governed under this subchapter on the same property as a fur-bearing animal propagation facility or deer breeding facility unless specifically authorized in writing by the department.(k) Non-releasable wildlife shall be euthanized except as provided by this subsection.(1) Permission to retain non-releasable wildlife may be granted only to permittees who have at least three years' experience as a permitted wildlife rehabilitator.(2) The department may permit the retention of non-releasable wildlife for approved educational, fostering, or socialization purposes, or for transfer to zoological, scientific, or educational permittees. Requests must be made in writing to the department and no transfer shall take place until the department has approved the request. A request to retain non-releasable wildlife under this subsection shall include a statement from a licensed veterinarian that the animal is non-releasable and the reasons why the animal is non-releasable. The department will not authorize the retention of an animal that because of a disease or condition poses a danger to humans, other animals, or itself.(l) Permittees possessing non-releasable raptors shall band the raptors with markers supplied by the department.(m) Wildlife rehabilitation of white-tailed deer and mule deer is restricted to fawns only. No permittee or subpermittee may accept or possess a white-tailed or mule deer that is in adult pelage (no spots). All white-tailed or mule deer received by a permittee shall immediately be identified by the attachment to the pinna of either ear of:(1) a Radio Frequency Identification Device (RFID) button tag approved by the department; and(2) a "dangle" type tag bearing the unique identifier assigned to the deer by the department.(3) The RFID tag required by this subsection must have an associated 15-digit animal identification number conforming to the 840 standards of the United States Department of Agriculture, which number shall be reported to the department in accordance with the applicable provisions of § 65.92 of this title (relating to Reports and Recordkeeping).(4) It is an offense for any person to remove or allow the removal of a tag required by this subsection from a living white-tailed or mule deer.(5) A permittee or subpermittee who transfers a white-tailed or mule deer shall notify the administrator of the wildlife rehabilitation program at least 24 hours but not more than 48 hours prior to and following the completion of the transfer.(6) Deer must be released, transferred, or euthanized by the end of the calendar year in which they were born or at the time they grow adult pelage, whichever occurs first.(7) The department may require any deer held under a permit issued under this subchapter to be tested for chronic wasting disease.(n) All medical treatment, including vaccinations, shall be performed in consultation with a licensed veterinarian and in accordance with all applicable laws regarding extra-label use of medications and biologicals.(o) Euthanized wildlife and wildlife that has died while under the care of a permittee shall be: (1) transferred to a person authorized by law to receive such wildlife;(2) disposed of in a Type 1 landfill; or(3) interred or incinerated onsite in compliance with any applicable local, state, or federal law regarding animal carcass burial or disposal.(4) Open-pit disposal and burn-pile incineration are prohibited.(p) This subchapter does not apply to department personnel, or transport by animal control officers or peace officers in the performance of official duties.(q) The department may temporarily waive any provision of this subchapter during a wildlife health crisis.(r) The department may designate a manual process in lieu of any electronic application requirement of this subchapter if for whatever reason the electronic application is unavailable.31 Tex. Admin. Code § 69.44
The provisions of this §69.44 adopted to be effective January 30, 1997, 22 TexReg 902; Amended by Texas Register, Volume 46, Number 02, January 8, 2021, TexReg 0306, eff. 1/15/2021