(a) Urban white-tailed deer removal permits may only be issued when the applicant shows, to the department's satisfaction, that:      
        (1) an overpopulation of deer exists at the trap site;       
        (2) hunting is inadequate, because of human health and safety concerns, to reduce the overpopulation;       
        (3) the release site identified by the applicant consists of natural habitat;       
        (4) the addition of white-tailed deer to the release site will not result in immediate overpopulation; and       
        (5) the transplanted deer will be subject to lawful hunting.       
      (b) The department may establish trapping periods, based on biological criteria, when the trapping, transporting and transplanting of white-tailed deer under this section by private individuals will be permitted.     
      (c) The department may, at its discretion, require the applicant to supply additional information concerning the proposed trapping, transporting, and transplanting activity when deemed necessary to carry out the purposes of this subchapter.     
     Source Note:        The provisions of this §65.105 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective November 7, 2000, 25 TexReg 10922