(a) Application.
  (1) An applicant for a permit under this subchapter shall submit an administratively complete application via an online application designated by the department for that purpose. The department will not process an application that is not administratively complete. An administratively complete application is an application that provides, at a minimum, the following, as indicated on the application form:
    (A) the specific trap site information indicated on the application form, including a georeferenced map of the trap site;
    (B) the specific release site information indicated on the application form, including a georeferenced map of the release site;
    (C) the number of game animals or game birds to be trapped at each trap site;
    (D) the number of game animals or game birds to be released at each release site; and
    (E) any additional habitat, population, and monitoring information or data the department deems necessary to evaluate the prospective activity.
  (2) A single application may specify multiple trap and/or release sites; however, the permit fee prescribed by Chapter 53 of this title (relating to Finance) shall be assessed on a per-release site basis.
  (3) A single application for a Trap, Transport, and Process Surplus White-tailed Deer Permit may specify multiple trap sites and/or processing facilities.
  (4) A single application may be submitted for an aggregate acreage, provided:
    (A) the landowner's name, address, and express consent to join in the aggregate acreage is on file with the department for each tract of land comprising the aggregate acreage;
    (B) each landowner agrees in writing to the number of game animals or game birds to be trapped or released on that aggregate acreage; and
    (C) a single landowner has been designated in writing to be the supervisory permittee.
  (5) A single application may not specify multiple species of game birds and/or game animals.
  (6) Applications received by the department between September 1 and November 15 in a calendar year shall be approved or denied within 45 days of receipt. Permits for the current trapping year will not be issued for applications received later than the first business day after January 1.
  (7) The application must be signed by:
    (A) the applicant;
    (B) the landowner of each trap site; and
    (C) the landowner of each release site or the owner or agent of each processing facility, as applicable.
  (8) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities.
(b) The department will not issue a permit if the department determines that:
  (1) the removal of game animals or game birds from the trap site may be detrimental to existing populations or systems;
  (2) the removal of game animals or game birds from the trap site may detrimentally affect the population status on neighboring properties;
  (3) the release of game animals or game birds at the release site may be detrimental to existing populations or systems;
  (4) the release site is outside of the suitable range of the game animal or game bird;
  (5) the release site does not contain sufficient and/or suitable habitat to sustain a population of released game animals or game birds;
  (6) the applicant has misrepresented information on the application or associated wildlife stocking plan; or
  (7) the trapping activity would involve deer held under a Deer Management Permit.

Source Note: The provisions of this §65.107 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective January 3, 2005, 29 TexReg 12231; amended to be effective August 30, 2005, 30 TexReg 4998; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective July 18, 2007, 32 TexReg 4440; amended to be effective June 12, 2013, 38 TexReg 3651; amended to be effective November 17, 2014, 39 TexReg 9044; amended to be effective March 14, 2021, 46TexReg 1496