Tex. Parks & Wild. Code Section 43.3561
Identification of Breeder Deer

(a)

In this section:

(1)

“Button back” means the portion of an identification tag used to secure the tag to the breeder deer.

(2)

“Electronic identification device” means a button tag or implant that uses radio frequency identification technology.

(3)

“Identification tag” means a tag attached to the ear of a breeder deer for the purposes of identification that meets the requirements of this section.

(4)

“Unique identifier” means five alphanumeric characters assigned by the department to uniquely identify a breeder deer.

(b)

Not later than March 31 of the year following the year in which a breeder deer is born, the breeder deer must be identified by:

(1)

attaching an identification tag to the pinna of either ear of the breeder deer in a manner so that the face of the tag is clearly visible on the anterior side of the ear; and

(2)

applying a single electronic identification device.

(c)

Except for a replacement identification tag described by Subsection (h), an identification tag applied under Subsection (b):

(1)

must:

(A)

be commercially manufactured;

(B)

bear on the face and button back the unique identifier for the breeder deer to which it is attached in text placed by the manufacturer with characters on the face not less than 5/16 inch wide and 1/2 inch tall and spaced not less than 1/16 inch apart;

(C)

be securely affixed so as not to be dislodged or removed easily;

(D)

be made of a material that is not likely to disintegrate or decompose; and

(E)

have sufficient contrast between the color of the text and the color of the tag to make the text characters clearly visible; and

(2)

may bear additional information, provided that a dividing line placed by the manufacturer below the unique identifier separates the unique identifier from the additional information.

(d)

The text of the unique identifier may be larger than the dimensions described by Subsection (c)(1)(B) but must maintain the same proportion of height and width.

(e)

A breeder deer born before January 1, 2022, may be identified as described by Subsection (c) or (h). A breeder deer born on or after January 1, 2022, must be identified first as described by Subsection (c) before the breeder deer may be identified as described by Subsection (h).

(f)

An electronic identification device applied under Subsection (b)(2) must be approved by the United States Department of Agriculture and have an associated 15-digit animal identification number that begins with 840. If the electronic identification device is a button tag, the button tag must be attached to the pinna of either ear of the breeder deer. If the electronic identification device is an implant, the implant may not be implanted in edible muscle. No person may remove an electronic identification device.

(g)

The department shall create and maintain a database containing electronic identification device numbers entered by deer breeders. An electronic identification device applied under Subsection (b)(2) is valid for purposes of Subsection (b) only if the number associated with the device has been entered into the department database and corresponds with the unique identifier assigned to the breeder deer to or in which the device is attached or implanted. In making a determination to destroy a deer under Section 43.953 (Destruction of Deer), the department shall consider an electronic identification device that meets the requirements of this section as evidence of positive identification for a breeder deer that cannot be identified by either the identification tag or tattoo required by Subsection (b) or (j), provided that the deer breeder entered the electronic identification device number into the database before the identity of the breeder deer was in question as determined by the department.

(h)

A deer breeder immediately shall replace an identification tag that has been dislodged, damaged, or removed by means other than human agency to the extent that the identification tag does not meet the requirements of Subsections (b) and (c) with another identification tag that meets the requirements of Subsections (b) and (c), except that a deer breeder may create and attach a replacement identification tag. A replacement identification tag must:

(1)

be clearly visible;

(2)

have legible text written with a tag pen manufactured for use with the tag; and

(3)

meet the requirements of Subsections (b)(1) and (c), except for the requirement that the text be placed on the tag by the manufacturer.

(i)

A deer breeder is not required to remove the tag for any purpose but may remove the tag and replace the tag immediately to meet the requirements of this section.

(j)

A person may not remove or knowingly permit the removal of a breeder deer held in a facility by a permittee under this subchapter unless the breeder deer has been identified by applying a tattoo to the inner portion of either ear of the deer that:

(1)

is made with commercially available #300 or 5/16 inch tattoo letters and numbers;

(2)

is legible, permanent, and green or black; and

(3)

bears the same unique identifier printed on the identification tag attached to the deer under Subsection (c).

(k)

A person may not knowingly accept or permit the acceptance of a breeder deer into a facility regulated under this subchapter unless the breeder deer has been identified as required by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. January 1, 2008.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 603 (S.B. 810), Sec. 1, eff. September 1, 2019.

Source: Section 43.3561 — Identification of Breeder Deer, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­43.­htm#43.­3561 (accessed Apr. 20, 2024).

43.021
Protected Wildlife 43.022
Permit Requirement 43.024
Disposition of Protected Wildlife 43.028
Civil Suit 43.030
Penalty 43.041
Definitions 43.042
License Required 43.043
Issuance of License 43.044
License Fees 43.045
Duration of License 43.055
Penalty 43.061
Trapping, Transporting, and Transplanting Game Animals and Game Birds 43.062
Penalty 43.071
Definitions 43.072
Application for License 43.073
Area Limitations and Markings 43.074
Taking of Pen-reared Birds Authorized 43.075
Game Birds in Captivity 43.076
License Form 43.077
Penalty 43.078
Hunting License Required 43.101
Applicability of Subchapter 43.102
Permit Authorized 43.103
Definitions 43.104
Grounds to Issue Permit 43.105
Application for Permit 43.106
Form and Period of Validity of Permit 43.107
Reports Required 43.108
Reports by Department 43.109
Regulations 43.110
Permit Fee 43.111
Penalty 43.151
Threats to Public Safety or Damage by Wildlife 43.152
Department Inspection 43.153
Application for Permit 43.154
Permit 43.155
Disposition of Wildlife 43.156
Cancellation of Permit 43.157
Violations 43.158
Landowner Permit Exemption 43.201
Archery Stamp Required 43.202
Fee 43.203
Hunting License Required 43.204
Stamp Sale Receipts 43.205
Penalty 43.351
Definitions 43.352
Permit Authorized 43.353
Permit Is Defense 43.356
Serial Number 43.357
Permit Privileges 43.358
Inspection 43.359
Records and Reports 43.360
Enclosure Size 43.361
Release Sites 43.362
Transfer, Purchase, or Sale of Live Breeder Deer 43.363
Transfer During Open Season 43.364
Use of Breeder Deer 43.365
Prohibited Acts 43.366
Application of Other Laws 43.367
Penalty 43.369
Deer Breeder Database 43.401
Definition 43.402
Saltwater Sportfishing Stamp Required 43.403
Design and Issuance of Stamp 43.404
Fishing License Required 43.405
Collection Fees 43.406
Refusal to Show Stamp 43.407
Penalty 43.0431
Application for License 43.0432
Wildlife Management Association Area Hunting Lease Licenses 43.521
Conservation Permit Required 43.522
Issuance and Expiration of Conservation Permit 43.523
Other Permits Required 43.524
Disposition of Conservation Permit Fees 43.525
Failure or Refusal to Show Conservation Permit 43.551
Permit for the Taking of Brood Stock by Commercial Aquaculture Facilities 43.552
Commission Rules 43.553
Quantity that May Be Taken 43.554
Fees 43.555
Penalties 43.601
Permit for Deer Management 43.602
Management Plan 43.603
Conditions 43.604
Inspection 43.605
Records 43.606
Application of General Laws 43.607
Penalty 43.0611
Urban White-tailed Deer Removal 43.0612
Trapping and Transporting Surplus White-tailed Deer 43.621
Permit for Deer Management 43.622
Management Plan 43.623
Conditions 43.624
Inspection 43.625
Records 43.626
Application of General Laws 43.627
Penalty 43.651
Definitions 43.652
Migratory or Upland Game Bird Stamp Required 43.653
Hunting License Required 43.654
Design and Issuance of Stamps 43.655
Disposition of Migratory Game Bird Stamp Net Proceeds 43.656
Uses of Net Proceeds from Migratory Game Bird Stamp 43.657
Disposition of Upland Game Bird Stamp Net Proceeds 43.658
Uses of Net Proceeds from Upland Game Bird Stamp 43.659
Contracts, Donations, and Grants 43.660
Refusal to Show Stamp or Proof of Exemption Eligibility 43.661
Reciprocal Agreements Relating to Migratory Game Birds 43.665
Penalty 43.0721
License Required 43.0722
Issuance of License 43.0762
Regulations 43.0763
Application for Field Trial Permit 43.0764
Field Trial Permit 43.801
Definition 43.802
Freshwater Fishing Stamp Required 43.803
Fishing License Required 43.804
Design and Issuance of Stamps 43.805
Disposition of Stamp Fees 43.806
Expiration of Stamp 43.807
Refusal to Show Stamp 43.808
Penalty 43.851
Permit 43.852
Inspection of Permit and Records 43.853
Release from Captivity 43.854
Seizure of Contraband 43.855
Rules 43.856
Offense 43.901
Reptile and Amphibian Stamp Required 43.902
Fee 43.903
Hunting License Required 43.904
Stamp Sale Receipts 43.905
Exemptions 43.906
Penalty 43.951
Applicability 43.952
Definitions 43.953
Destruction of Deer 43.954
Notice of Deer Destruction 43.955
Cost of Assessment and Destruction of Deer 43.975
Definition 43.976
Program Participation Fee 43.977
Rules 43.1075
Using Helicopters to Take Certain Animals 43.1076
Using Hot Air Balloons to Take Certain Animals 43.1095
Prohibited Acts 43.1515
Rules 43.1565
Reinstatement of Permit 43.3561
Identification of Breeder Deer 43.3591
Genetic Testing 43.4035
Expiration of Stamp
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 43.3561’s source at texas​.gov