31 Tex. Admin. Code § 65.29 - Managed Lands Deer Program (MLDP)
(a)
Definitions. The following words and terms shall have the following meanings,
unless the context clearly indicates otherwise. All other words and terms in
this section shall have the meanings assigned in the Texas Parks and Wildlife
Code.
(1) Aggregate acreage--Contiguous
tracts of land, to, from, and between which deer have complete and unrestricted
access, combined by multiple landowners to create an area of land for the
purpose of enrollment in the MLDP.
(2) Deer management unit (DMU)--An area of
the state designated by the department on the basis of shared characteristics
such as soil types, vegetation types, precipitation, land use practices, and
deer densities.
(3) Landowner--Any
person who has an ownership interest in a tract of land.
(4) Management unit--A tract of land or a
specific portion of a tract of land enrolled in the MLDP for which the
department shall specify a harvest quota and tag issuance.
(5) MLDP--The Managed Lands Deer Program
established by this subchapter, which consists of:
(A) the Harvest Option (HO) set forth in
subsection (c)(1) of this section; and
(B) the Conservation Option (CO) set forth in
subsections (c)(2) and (d) of this section.
(6) MLDP tag--A tag issued by the department
to a participant in any option under this section.
(7) Program participant--A landowner or a
landowner's authorized agent who is enrolled in the MLDP.
(8) Unbranched antlered deer--A buck deer
having at least one antler with no more than one antler point.
(9) Wildlife Management Associations and
Cooperatives--A group of landowners who have mutually agreed in writing to act
collectively to improve wildlife habitat and populations on their tracts of
land.
(10) Wildlife Management Plan
(WMP)--A written document on a form furnished or approved by the department
that addresses habitat and population and management recommendations,
associated data, and data collection methodologies.
(b) General Provisions.
(1) A landowner and the landowner's tract(s)
of land are enrolled:
(A) in the Harvest
Option (HO) set forth in subsection (c)(1) of this section, when an application
has been approved by the department; or
(B) in the Conservation Option (CO) set forth
in subsection (c)(2) or (d) of this section, when the department has approved:
(i) an application; and
(ii) the WMP required by subsection (c)(2) of
this section.
(C) An
enrollment is not valid unless the applicant has remitted the fees prescribed
by §
53.5 of this title (relating to
Recreational Hunting Licenses, Stamps, and Tags) to the department on or before
the Friday immediately preceding the Saturday closest to September 30 of the
year for which program participation is sought.
(2) A landowner may appoint a person to act
as the landowner's authorized agent for purposes of program participation. The
authorization must be on a form approved by the department.
(3) MLDP tags are issued to a program
participant.
(4) If MLDP tags are
issued under the provisions of subsection (c)(1)(B) or (2)(H)(ii) of this
section, the tags are valid on any tract of land within the aggregate acreage
enrolled in the MLDP; otherwise, tags are valid only on the specific enrolled
tract of land for which they are issued.
(5) On an enrolled tract of land there is no
personal or annual bag limit for the type of deer (buck, unbranched antlered,
or antlerless) for which MLDP tags have been issued and the provisions of §
65.42(b)(6) of
this title (relating to Deer), §
65.42(b)(7) of
this title, and the stamp requirement of Parks and Wildlife Code, Chapter 43,
Subchapter I (relating to Archery Stamps), do not apply.
(6) A person who kills a deer on an enrolled
tract of land must immediately tag the deer with a MLDP tag valid for the
species (white-tailed deer or mule deer) and type of deer (buck, unbranched
antlered, antlerless) harvested. A person who kills a deer and immediately
takes the carcass to a location on the enrolled tract of land where a valid
MLDP tag provided by the program participant is immediately attached shall be
considered to have complied with the immediate tagging requirement. The MLDP
tag shall remain attached to the carcass until the carcass reaches a final
destination. Notwithstanding any other provision of this section, it is
unlawful for any person to:
(A) attach a mule
deer tag to a white-tailed deer or vice versa;
(B) attach an unbranched antlered MLDP tag or
antlerless MLDP tag to a buck deer having more than one point on both
antlers;
(C) tag an unbranched
antlered deer with an antlerless MLDP tag;
(D) tag an antlerless deer with any tag other
than an antlerless MLDP tag;
(E)
use an MLDP tag or tag number more than once; or
(F) use an MLDP tag on a tract of land other
than the tract for which the tag was issued.
(7) A program participant shall maintain a
legible daily harvest log.
(A) For tracts of
land enrolled under the provisions of subsection (c)(1)(B) or (2)(H)(ii) of
this section, the daily log must be maintained on the aggregate acreage
enrolled in the MLDP; otherwise, the daily harvest log must be maintained on
the specific enrolled tract for which tags are issued.
(B) The daily harvest log shall be on a form
provided or approved by the department and shall be maintained by the program
participant until the last day of tag validity.
(C) A person who kills a deer that is
required to be tagged under the provisions of this section must, on the same
day that the deer is killed, legibly enter the required information in the
daily harvest log.
(D) The daily
harvest log shall contain the following information for each deer killed on the
enrolled tract of land:
(i) the name and
hunting license or driver's license number of the person who killed the
deer;
(ii) the date the deer was
killed;
(iii) the species
(white-tailed or mule deer) and type of deer killed (buck, unbranched antlered,
or antlerless); and
(iv) the tag
number of the MLDP tag affixed to the deer.
(E) The daily harvest log shall be made
available to any department employee acting in the performance of official
duties upon request.
(8)
By not later than April 1 in each year of participation, a program participant
shall report to the department, on a form provided or prescribed by the
department:
(A) the number of buck deer and/or
antlerless deer harvested on each tract of land enrolled in the MLDP;
(B) the habitat management practices
implemented on each tract of land enrolled in the CO; and
(C) additional information as requested by
the department.
(9) If an
applicant does not wish to engage in program participation, the applicant must
affirmatively decline program participation by the Friday immediately preceding
the Saturday closest to September 30 via the department's online web
application. On an enrolled tract of land for which a program participant has
failed to timely decline participation as provided in this paragraph, the
provisions of this section continue to apply to the harvest of deer until the
last day of tag validity in the year following application.
(10) The provisions of this section cease
effect and the provisions of §
65.42 of this title (relating to
Deer) apply on any tract of land for which:
(A) an applicant has timely declined
participation under the provisions of paragraph (9) of this subsection;
or
(B) the fees required by §
53.5 of this title have not been
remitted in accordance with subsection (b)(1)(C) of this
section.
(11) A program
participant who complies with the requirements of paragraph (7)(A) - (E) of
this paragraph also satisfies the requirements of Parks and Wildlife Code, §
62.029,
(relating to Records of Game in Cold Storage or Procession Facility), with
respect to deer, provided the daily harvest log maintained on the tract of
land:
(A) contains the address and hunting
license number of each person who harvested a deer; and
(B) is retained at the cold
storage/processing facility for a period of at least one year following the
date of the last entry.
(c) MLDP--White-tailed Deer. The provisions
of this subsection shall govern the authorization and conduct of MLDP
participation with respect to white-tailed deer.
(1) Harvest Option (HO).
(A) Any landowner or authorized agent may
apply to enroll a tract of land in the HO by submitting an application to the
department by no later than September 1 of each year on a form provided by the
department.
(B) An aggregate
acreage may be enrolled in the HO, provided:
(i) the application contains the name,
address, and express consent of the landowner of each tract of land comprising
the aggregate acreage for which enrollment is sought; and
(ii) a single program participant is
designated to receive MLDP tags for the aggregate acreage.
(C) The department shall specify a harvest
quota establishing the maximum number of buck, unbranched antlered, or
antlerless deer to be harvested on each management unit within a tract of land
or aggregate acreage enrolled in the HO. The harvest quota shall be based on:
(i) department-derived survey data for the
DMU in which the tract of land is located;
(ii) the size of the tract of land enrolled
in MLDP;
(iii) the types of habitat
and the amounts of each type of habitat on the tract of land enrolled in the
MLDP; and
(iv) any other
information deemed relevant by the department.
(D) On a tract of land enrolled under this
subsection:
(i) MLDP tags for antlerless deer
and unbranched antlered deer are valid from the Saturday closest to September
30 until the last day of February, during which time antlerless deer and
unbranched antlered deer may be taken by any lawful means; and
(ii) MLDP tags for buck deer are valid:
(I) from the Saturday closest to September 30
for 35 consecutive days during which time buck deer may be taken only by means
of lawful archery equipment;
(II)
from the first Saturday in November until the last day of February, during
which time buck deer may be taken by any lawful means; and
(III) for the take of buck deer by licensed
hunters 16 years of age and younger on the Friday, Saturday and Sunday
immediately preceding the first Saturday in November.
(E) If a program participant under
this paragraph elects to receive a tag issuance for only one type of deer (buck
or antlerless), the provisions of §
65.42 of this title apply to the
harvest of the other type of deer on the enrolled tract of
land.
(2) Conservation
Option (CO).
(A) Any landowner or authorized
agent may apply to enroll a tract of land in the CO by applying for acceptance
by no later than June 15 on a form provided or prescribed by the
department.
(B) A
department-approved WMP is required for program participation under this
paragraph. The WMP must contain, at a minimum:
(i) acreage and habitat information requested
by the department;
(ii) deer
population and harvest data for each of the two years immediately preceding the
year in which initial program participation is sought;
(iii) evidence satisfactory to the department
that at least two department-approved habitat management practices have been
implemented on the tract of land during each of the two years immediately
preceding application; and
(iv)
acknowledgement that site visits by the department to assess habitat management
practices on the tract of land may be conducted at the request of any
department employee.
(C)
A WMP is not valid unless it has been signed by a Wildlife Division employee
assigned to evaluate wildlife management plans.
(D) To be eligible for continued program
participation, a program participant must implement three habitat management
practices specified in a department-approved WMP during each year of program
participation.
(E) On each
management unit within a tract of land enrolled under this subsection:
(i) the department will specify a harvest
quota of buck and/or antlerless deer, based on the unique characteristics of
the tract of land and the deer population; and
(ii) MLDP tags are valid from the Saturday
closest to September 30 until the last day of February, during which time deer
may be taken by any lawful means.
(F) The department may authorize additional
harvest on any tract of land enrolled in the CO, provided the program
participant furnishes survey or population data that in the opinion of the
department justifies the additional harvest.
(G) In the event that unforeseeable
developments such as floods, droughts, or other natural disasters make the
attainment of recommended habitat management practices impractical or
impossible, the department may, on a case-by-case basis, waive or defer the
habitat management requirements of this section.
(H) Special Provisions
(i) Wildlife Management Associations and
Cooperatives.
(I) The department may enroll a
wildlife management association or cooperative in the CO under the provisions
of this subsection, provided:
(-a-) the
application contains the name, address, and express consent of the landowner of
each tract of land for which enrollment is sought; and
(-b-) a single WMP that addresses all tracts
of land within the wildlife management association or cooperative is submitted
and approved by the department.
(II) A wildlife management association or
cooperative may choose to receive antlerless-only or either-sex tag
issuance.
(III) The department
shall issue MLDP tags to the individual landowners or landowner's authorized
agent within a wildlife management association or cooperative and the tags are
valid only on the tract of land for which they are issued.
(ii) An aggregate acreage may be enrolled in
the CO, provided:
(I) the application contains
the name, address, and express consent of the landowner of each tract of land
comprising the aggregate acreage for which enrollment is sought;
(II) a single WMP that addresses all tracts
of land within the aggregate acreage is submitted and approved by the
department; and
(III) a single
program participant is designated to receive MLDP tags for the aggregate
acreage.
(iii) MLDP tags
issued under the provisions of this paragraph may be utilized on any tract of
land within the aggregate acreage enrolled in the MLDP.
(d) MLDP--Mule Deer. The
provisions of subsection (c)(2)(A) - (H) of this section also shall govern the
authorization and conduct of program participation with respect to mule deer,
except:
(1) the harvest of mule deer shall
occur only between the Saturday closest to September 30 and the last Sunday of
January, as follows:
(A) from the Saturday
closest to September 30 for 35 consecutive days, the lawful means of harvest is
restricted to lawful archery equipment; and
(B) from the first Saturday in November
through the last Sunday in January, any lawful means may be used to harvest
deer; and
(2) program
eligibility is specifically restricted to tracts of land in counties for which
an open season for mule deer is provided under §
65.42 of this
title.
(e) Refusal of
Enrollment.
(1) The department may refuse to
allow or continue enrollment in the MLDP for any applicant who:
(A) as of a reporting deadline has failed to
report to the department any information required to be reported under the
provisions of this section;
(B) has
exceeded the total harvest recommendation established for an enrolled tract of
land; or
(C) has failed to
implement the three habitat management practices specified in a
department-approved WMP during each year of program participation, if the tract
of land is enrolled in the CO.
(2) The department may prohibit any person
from participating in the MLDP if the person has a final conviction or has been
assessed an administrative penalty for a violation of:
(A) Parks and Wildlife Code, Chapter 43,
Subchapter C, E, L, R, or R-1;
(B)
a provision of the Parks and Wildlife Code that is not described by
subparagraph (A) of this paragraph that is punishable as a Parks and Wildlife
Code:
(i) Class A or B misdemeanor;
(ii) state jail felony; or
(iii) felony;
(C) Parks and Wildlife Code, §
63.002;
or
(3) The department may refuse to allow or
continue enrollment in the MLDP to any person the department has evidence is
acting on behalf of or as a surrogate for another person who is prohibited by
the provisions of this section from participation in the MLDP.
(4) The department may refuse to allow or
continue enrollment in the MLDP for any tract of land on which a deer has been
harvested but not presented to a mandatory check station for chronic wasting
disease (CWD) testing as required by Subchapter B of this chapter.
(5) In determining whether to refuse to allow
or continue enrollment in the MLDP under paragraph (4) of this subsection the
department shall consider:
(A) whether the
applicant advised hunters of any mandatory check station requirements in effect
at the time a deer was harvested on the tract of land owned or managed by the
applicant;
(B) whether the
applicant encouraged, advised, or directed a person who killed a deer on the
tract of land owned or managed by the applicant not to present a harvested deer
at a mandatory check station;
(C)
the number of deer harvested on the tract of land owned or managed by the
applicant that were not presented at mandatory check stations; and
(D) any other aggravating or mitigating
factors the department deems relevant.
(f) Special Provisions.
(1) The annual bag limit established under §
65.42 of this title does not apply
to deer lawfully taken and tagged under the provisions of this
section.
(2) The tagging
requirements of Parks and Wildlife Code, §
42.018, do
not apply to deer lawfully taken under the provisions of this
section.
(3) Completion of the
harvest log required under §
65.7 of this title (relating to
Harvest Log) is not required for deer lawfully tagged under the provisions of
this section.
(4) The provisions of
§
65.10 of this title (relating to
Possession of Wildlife Resources) apply to deer lawfully taken under this
section.
(5) To the extent that any
provision of this subchapter conflicts with the provisions of this section, the
provisions of this section prevail.
(6) In the event that the department's
web-based application is unavailable or inoperable, the department may specify
manual procedures for compliance with the requirements of this
section.
Notes
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