31 Tex. Admin. Code § 51.168

Current through Reg. 49, No. 44; November 1, 2024
Section 51.168 - Nonprofit Partnerships to Promote Hunting and Fishing by Resident Veterans
(a) The department shall select one or more nonprofit partners (NPP) to promote hunting and fishing by residents of this state who are veterans of the United States Armed Forces. A prospective NPP under this section must exist exclusively to serve veterans of the United States Armed Forces. The selection process shall be conducted according to the applicable provisions of this subchapter, and shall occur at three-year intervals by means of a request for proposals published by the department.
(b) The following guidelines shall govern hunting and fishing activities under this section.
(1) An NPP must provide angling and hunting opportunities on private lands and/or public waters in Texas.
(2) Except as specifically provided in this section, hunting and fishing activities under this section shall be conducted in accordance with all regulations that prescribe seasons, bag limits, gear restrictions, lawful means and methods, and special provisions governing the take of wildlife resources. All federal requirements regarding hunting and fishing (duck stamp, CITES tag requirements, permits, certifications, gear, means and methods, etc.) continue to apply.
(3) Hunting and fishing opportunity provided by an NPP under this section:
(A) must be made available by means of a fair method of allocation or distribution to all veterans of the United States Armed Forces who are residents of this state; and
(B) must be advertised by the NPP by providing public notice.
(4) Hunting and fishing opportunity provided by an NPP shall be at no cost to participants, not to include travel, lodging, meals, and other expenses ancillary to hunting and fishing activities, unless those costs are provided by the NPP at the discretion of the NPP.
(5) Not less than 30 days before any hunting or fishing activity may be provided or engaged in, an NPP shall complete and provide to the department, on a form provided or approved by the department, the specific hunting and/or angling opportunities to be provided, to include the following, at a minimum:
(A) the specific location (address or name of ranch, property, or water body) where the activities are to occur;
(B) the dates that each activity will occur;
(C) the name and address of each participant, accompanied by proof of veteran status for each; and
(D) the name and address of each representative of the NPP who will be participating in the activity.
(6) The stamp endorsement requirements of Parks and Wildlife Code, Chapters 43, and 46 do not apply to wildlife resources taken under this subchapter.
(7) The representative of an NPP who accompanies a participant who engages in hunting activities shall immediately tag any animal or bird killed by a participant for which a tag is required under Parks and Wildlife Code, Chapter 42 with a tag issued by the department to the NPP for the hunting opportunity.
(8) The representative of an NPP who accompanies a participant who engages in fishing activities shall immediately tag any fish caught by a participant for which a tag is required under Parks and Wildlife Code, Chapter 46 with a tag issued by the department to the NPP for the fishing opportunity.
(9) A wildlife resource document provided by the department to the NPP and completed by the representative of an NPP who accompanies a participant who engages in hunting or fishing activities shall accompany any harvested wildlife resource or portion thereof not accompanied by a tag until the wildlife resource reaches:
(A) the possessor's permanent residence and is finally processed;
(B) a final destination for deer; or
(C) a taxidermist.
(10) An NPP shall maintain a daily harvest log of hunting or fishing activity conducted.
(A) The daily harvest log shall be on a form provided or approved by the department.
(B) The representative of an NPP who accompanies a participant who engages in hunting or fishing activities shall, on the same day that a wildlife resource is killed or caught, legibly enter the following information in the daily harvest log:
(i) the name of the NPP representative;
(ii) the name of the person who killed or caught the resource;
(iii) the date that the wildlife resource was killed or caught;
(iv) the location the wildlife resource was killed or caught; and
(v) the species (if deer, pronghorn, desert bighorn sheep, or turkey), sex, and quantity of wildlife resource killed or caught.
(C) The daily harvest log shall be made available to any department employee acting in the performance of official duties upon request.
(D) The daily harvest log shall be retained by an NPP for a period of two years following the latest entry of hunting or fishing activity required to be recorded in the log.
(11) An NPP shall complete and submit an annual report to the department on a form prescribed or approved by the department.
(c) A person acting as a representative of an NPP under this section is not exempt from any licensing, stamp, documentation, or other rule of the department while engaging in hunting or fishing activities under this section.

31 Tex. Admin. Code § 51.168

Adopted by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7735, eff. 11/24/2022