(a) A permittee shall release all wildlife capable of surviving in the wild in accordance with the provisions of this section, unless specifically authorized in writing by the department to do otherwise.
(b) A permittee shall not release, or cause or allow the release of wildlife in such a manner or at such a location so that the released animals are likely to become a nuisance, a disease threat, or a depredation threat.
(c) Except as specifically authorized in writing by the department, releases shall not be made in or to fenced or enclosed areas that prevent the animal from leaving at will.
(d) Wildlife shall be released only to habitat appropriate for the species.
(e) No person may release or allow the release of white-tailed deer or mule deer held under the provisions of this subchapter unless the release site is either:
(1) within five miles of the location where the deer was discovered prior to intake; or
(2) within the county where the deer was discovered prior to intake.
(f) Permittees may not release wildlife on department property without the permission of the department.
(g) A permittee commits an offense if the permittee releases or effects the release of wildlife held under the provisions of this subchapter on property without having on their person the written permission of the landowner, lessee, or operator to release the wildlife on that property.
(h) Nothing in this section shall be construed to exempt any person from any applicable provision of local, state, or federal law.
Source Note: The provisions of this §69.51 adopted to be effective January 30, 1997, 22 TexReg 902; amended to be effective April 23, 2001, 26 TexReg 3025; amended to be effective January 15, 2021, 45 TexReg 306