The department may authorize field trials on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.
  (1) No person shall conduct or participate in a field trial on public hunting lands unless the event has been sanctioned by the department through the issuance of a Field Trial Permit in accordance with this section.
  (2) An application for a Field Trial Permit shall be submitted at least 90 days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:
    (A) the name, address, and telephone number of the sponsoring person(s) or organization(s), and the Social Security number of the person to whom the permit will be issued, if approved;
    (B) the unit(s), compartment(s), and approximate acreage of public hunting lands that the proposed event would involve;
    (C) the date(s) of the proposed event, including preparatory activity and cleanup operations;
    (D) the exact nature of the event, including any construction, facilities emplacement, or other site alterations;
    (E) the number of participating dogs, dog handlers, and officials, respectively, and the estimated number of spectators;
    (F) the fee for the field trial permit as assessed according to the number of participating dog handlers and officials as specified by Chapter 53, Subchapter A of this title, (relating to Fees).
    (G) proof of liability insurance for the event in the amount of at least $250,000, which shall include coverage of personal injury and property damage; and
    (H) a performance bond in the amount of $5,000 to assure restoration of the involved public hunting lands to pre-field trial conditions.
  (3) Approval or denial of the permit application shall be at the sole discretion of the regional director and shall be based on the anticipated impact the proposed event would have:
    (A) on the natural resources of public hunting lands; and
    (B) on other events or activities authorized or conducted by the department.
  (4) The regional director shall, within 30 days of receipt of such application, notify the applicant of approval or denial of the application. If the application is approved, the field trial permit shall be issued in the form of a letter to the applicant. Any requirements or restrictions in addition to the provisions of this subchapter shall be specified in the permit.
  (5) The field trial permit shall be present and available on-site during all field trial activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names of all dog handlers and officials who at any time participate in the event, and the names of all spectators. The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit. The list shall be sent to the regional director no later than ten days following the conclusion of the event.
  (6) All persons named on the list as officials, dog handlers, or spectators shall, during the event, be exempt from the access permit requirements of this subchapter.
  (7) The permittee is responsible and liable for the actions of all field trial participants, spectators, and dogs during all activities conducted during this event.
  (8) All construction, facilities emplacement, or other site alterations shall be performed and removed strictly in accordance with the conditions of the field trial permit. The permittee shall not be released from the obligations of this section and the performance bond shall not be returned to the permittee until the department is satisfied that the site has been restored to pre-trial conditions.
  (9) During any field trial activity, it is an offense for any person attending the event or named on the list required by paragraph (2) of this section to:
    (A) violate any condition of the field trial permit; or
    (B) take or attempt to take any animal or bird.

Source Note: The provisions of this §65.194 adopted to be effective September 1, 1996, 21 TexReg 5316; amended to be effective July 11, 2002, 27 TexReg 6038; amended to be effective January 3, 2005, 29 TexReg 12233; amended to be effective July 28, 2008, 33 TexReg 5981; amended to be effective September 1, 2021, 46 TexReg 4169