SECTION 65.10. Possession of Wildlife Resources

(a) For all wildlife resources taken for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed.

(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.

(1) At a final destination other than a cold storage or processing facility required to maintain a cold storage record book under the provisions of this subchapter, tagging requirements for a carcass cease when the forequarters, hindquarters, and back straps have been completely severed from the carcass.

(2) At a Type 1 commercial cold storage or processing facility, tagging requirements for a carcass cease when:

(A) the information required by Parks and Wildlife Code, §62.029, has been entered into the cold storage record book; and

(B) for each carcass entered into the cold storage record book, the harvest location required to be indicated on a tag or WRD (the county where the deer was harvested and the name of the ranch or property where the deer was harvested) has been recorded by the proprietor or agent of the facility.

(C) The information required by subparagraph (B) of this paragraph may be combined with or appended to the information required to be entered into the cold storage record book or may be maintained separately.

(D) After being detached from a carcass, a tag or WRD, as applicable, shall be retained at the premises of the cold storage or processing facility for as long as the carcass or any part of the carcass remains in the possession of the cold storage or processing facility.

(3) At a Type 2 commercial cold storage or processing facility tagging requirements for a carcass cease when:

(A) the forequarters, hindquarters, and back straps have been completely severed from the carcass; and

(B) the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book that the cold storage or processing facility is required to maintain.

(C) After the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book, a carcass may be taken beyond quarters.

(4) At a private noncommercial cold storage processing facility as defined in Parks and Wildlife Code, §62.029, where a cold storage record book is maintained, carcass tagging and proof-of-sex requirements cease and the carcass may be taken beyond quarters when the required information has been entered in the cold storage record book.

(5) Except as provided in paragraph (3) of this subsection, the tagging requirements for deer and turkey taken under a digital license issued under the provisions of §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing License Packages), under the digital tagging option of §53.4 of this title (relating to Lifetime Licenses), and §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags) are prescribed in subsection (e) of this section.

(6) A person who has purchased a digital license identified in §53.4 of this title and selected the fulfilment of physical tags must comply with the tagging requirements of Parks and Wildlife Code, Chapter 42, and this chapter that are applicable to the tagging of deer and turkey under a license that is not a digital license.

(c) A person who lawfully takes a deer is exempt from the tagging requirements of Parks and Wildlife Code, §42.018 if the deer is taken:

(1) under the provisions of §65.29 of this title (relating to Managed Lands Deer Program (MLDP);

(2) under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permit);

(3) by special permit under the provisions of Subchapter H of this chapter (relating to Public Hunting Proclamation);

(4) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or

(5) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.

(d) A person who kills a bird or animal under circumstances that require the bird or animal to be tagged with a tag from the person's hunting license shall immediately attach a properly executed tag to the bird or animal.

(e) A person who lawfully kills a deer or turkey under a digital license issued under the provisions of §53.3(a)(12) of this title, the digital tagging option under §53.4 of this title or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags) is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use or possession of license tags for those species; however, that person shall ensure that immediately upon take a harvest report is created and submitted via a mobile or web application provided by the department for that purpose.

(1) Upon receipt of a confirmation number sent by the department in response to the harvest report required by this subsection, the person who took the deer or turkey is responsible for ensuring that the confirmation number is legibly reproduced on a reasonably durable media, which shall immediately be attached to the carcass of the deer or turkey. The confirmation number shall remain attached to the carcass until the applicable requirements of subsection (b) of this section have been satisfied.

(2) If the absence of network data connectivity prevents the receipt of a confirmation number from the department following the report required by this subsection, the person who took the deer or turkey is responsible for the preparation of a hunter's document which shall immediately be attached to the carcass of the deer or turkey and remain attached to the carcass until the harvest report required by this subsection is uploaded to the department. The hunter's document shall be made of reasonably durable media and shall contain:

(A) the first and last name of the person who took the deer or turkey;

(B) the customer number of the license of the person who took the deer or turkey; and

(C) the date and time the deer or turkey was taken.

(D) A person who documents the take of a deer or turkey under the provisions of this paragraph shall ensure that the harvest report required by this subsection is uploaded to the department immediately upon the availability of network connectivity, at which time the hunter's document may be replaced with documentation meeting the requirements of paragraph (1) of this subsection, which shall remain attached to the carcass of the deer or turkey until the applicable requirements of subsection (b) of this section have been satisfied.

(3) It is an offense for any person to hunt deer or turkey under a digital license or digital tagging option without being in immediate physical possession of an electronic device that is:

(A) loaded with the mobile or web application designated by the department for harvest reporting under this subsection; and

(B) capable of uploading the harvest report required by this subsection.

(f) Proof of sex for deer and pronghorn must remain with the carcass until tagging requirements cease.

(1) Proof of sex for deer consists of:

(A) buck:

(i) the head, with antlers still attached; or

(ii) the tail and unskinned skull cap with antlers attached; and

(B) antlerless:

(i) the head; or

(ii) if the deer is female: the mammary organ (udder) or vulva, and tail.

(2) Proof of sex for pronghorn consists of the unskinned head.

(g) During a season in which the bag composition for turkey is restricted to gobblers only or gobblers and bearded hens, proof of sex must remain with a harvested turkey (attached or detached from the bird) until it reaches either the possessor's permanent residence or a cold storage/processing facility and is finally processed. Proof of sex for turkey is as follows:

(1) gobbler (male turkey):

(A) one leg, including the spur; or

(B) a patch of skin with breast feathers and beard attached.

(2) bearded hen (female turkey): a patch of skin with breast feathers and beard attached.

(h) Proof of sex for pheasant consists of: one leg, including the spur, attached to the bird or the entire plumage attached to the bird.

(i) No additional proof of sex is required for a deer that is lawfully tagged in accordance with:

(1) the provisions of §65.29 of this title;

(2) the provisions of §65.32 of this title; or

(3) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271.

(j) In lieu of proof of sex, the person who killed the wildlife resource may:

(1) obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:

(A) the name of person who killed the wildlife resource;

(B) the date the wildlife resource was killed;

(C) one of the following, as applicable:

(i) whether the deer was antlered or antlerless;

(ii) the sex of the antelope;

(iii) the sex of the turkey and whether a beard was attached; or

(iv) the sex of the pheasant; or

(2) if the deer is to be tested by the department for chronic wasting disease, obtain a department-issued receipt (PWD 905).

(k) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource. A wildlife resource may be possessed without a WRD by the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code.

(1) For deer and antelope, a properly executed wildlife resource document shall accompany the carcass or part of a carcass until tagging requirements cease.

(2) For turkey, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence or a cold storage/processing facility and is finally processed.

(3) For all other wildlife resources, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence and is finally processed.

(4) The wildlife resource document must contain the following information:

(A) the name, signature, address, and hunting license number, as required, of the person who killed or caught the wildlife resource;

(B) the name of the person receiving the wildlife resource;

(C) a description of the wildlife resource (number and type of species or parts);

(D) the date the wildlife resource was killed or caught; and

(E) the location where the wildlife resource was killed or caught (name of ranch; area; county).

(5) A taxidermist who accepts a deer or turkey shall retain the wildlife resource document or tag accompanying each deer or turkey for a period of two years following the return of the resource to the owner or the sale of the resource under the provisions of Parks and Wildlife Code, §62.023.

(l) It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possesses a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged.

(m) The identification requirements for desert bighorn sheep skulls are as follows.

(1) No person may possess the skull of a desert bighorn ram in this state unless:

(A) one horn has been marked with a department identification plug by a department representative; or

(B) the person also possesses evidence of lawful take in the state or country where the ram was killed.

(2) A person may possess the skull and horns of a desert bighorn ram found dead in the wild, provided:

(A) the person did not cause or participate in the death of the ram; and

(B) the person notifies a department biologist or game warden within 48 hours of discovering the dead ram and arranges for marking with a department identification plug by a department representative.

(3) Individual horns may be possessed without any identification or documentation.

(4) This subsection does not apply to skulls possessed prior to July 11, 2004.

Source Note: The provisions of this §65.10 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective August 20, 1998, 23 TexReg 8450; amended to be effective July 26, 2001, 26 TexReg 5422; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2003, 28 TexReg 5206; amended to be effective July 11, 2004, 29 TexReg 6341; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective July 18, 2007, 32 TexReg 4421; amended to be effective August 31, 2008, 33 TexReg 6930; amended to be effective August 10, 2009, 34 TexReg 5404; amended to be effective June27, 2010, 35 TexReg 5575; amended to be effective July 15, 2014, 39 TexReg 5417; amended to be effective September 1, 2016, 41 TexReg 6052; amended to be effective July 9, 2017, 42 TexReg 3397; amended to be effective September 1, 2019, 44 TexReg 4050; amended to be effective January 18, 2022, 47 TexReg 96; amended to be effective September 1, 2022, 47 TexReg 4985; amended to be effective August 15, 2023, 48 TexReg 4121