31 Tex. Admin. Code § 65.29

Current through Reg. 49, No. 44; November 1, 2024

Section 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

(D) the Lacey Act ( 16 U.S.C. §§ 3371-3378).

(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.

31 Tex. Admin. Code § 65.29

Adopted by Texas Register, Volume 41, Number 05, January 29, 2016, TexReg 807, eff. 1/31/2016; Amended by Texas Register, Volume 44, Number 31, August 2, 2019, TexReg 4056, eff. 9/1/2019; Amended by Texas Register, Volume 45, Number 24, June 12, 2020, TexReg 4049, eff. 6/15/2020; Amended by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 6006, eff. 8/11/2024