Texas Game Bird Breeders License Law

I just got my license today. Here is the exact law pertaining to raising Bobwhite, Scaled, Mearn's, and Gambel's Quail, as well as lots of other types of game birds:

Game Bird Breeders

● Game Bird Breeder's License Required.

A license is required to possess game birds in captivity for the purpose of propagation or sale, or for selling game bird eggs.

● Game Birds Defined.

Turkey, Partridge, Mourning Doves, Ducks of all varieties, Bobwhite Quail, White-winged Doves, Geese of all varieties, Scaled Quail, White-fronted Doves, Brandt, Mearn's Quail, Snipe of all varieties, Grouse, Gambel's Quail, Shore Birds of all varieties, Prairie Chickens, Red-billed Pigeons, Chachalaca, Pheasant of all varieties, Band-tailed Pigeons, Sandhill Cranes, Plover of all varieties

● NOTE: Partridge and all species of pheasant, although not native to Texas, are defined by law as game birds. This includes the chukar, Hungarian partridge, and francolin.

● Game Bird Breeder's License Fees.

Class 1 Commercial Game Bird Breeder's License entitles holder to possess in captivity more than 1000 game birds and the fee is $189.

Class 2 Commercial Game Bird Breeder's License entitles holder to possess in captivity not more than 1000 game birds and the fee is $27.

Either license is valid for selling game bird eggs.

● Possession of a Game Bird or Part of a Game Bird.

A person in possession of live game birds, game bird eggs, or parts of dead game birds i.e., feathers, skin, feet, etc.) purchased from a Commercial Game Bird Breeder or other legal source must furnish, upon request of a game warden, a receipt showing: the name and street address of the person possessing live game birds, game bird eggs, or parts of dead game birds; the name and street address of the source of live game birds, game bird eggs or parts of dead game birds; the date of purchase; and the species and number of game birds, game bird eggs, or parts of dead game birds acquired. The holder of a Game Bird Breeder's License who offers the carcass of a pen-raised game bird for sale may acquire a rubber stamp showing the identification number of the license holder. A person owning or operating a business where food is sold for consumption may sell dead pen-raised game birds if the birds were obtained legally by both the supplier and receiver.

Pen-reared game birds may be processed at any time.

● Prohibitions.

No person may sell, offer for sale, or purchase a carcass or part of a carcass of a dead pen-raised game bird (does not include skin, feathers, feet, etc.) unless: the carcass or part of a carcass is stamped or marked with the identification number; or the carcass or part of a carcass is delivered to the purchaser and is accompanied by a document on which the name, street address, and identification number, if applicable, of the game bird breeder is printed or written.

No holder of a Commercial Game Bird Breeder's License may sell a live game bird unless it is in a healthy condition.

No person may purchase a live game bird or game bird egg except from a holder of a Commercial Game Bird Breeder's License; however, this does not prohibit the purchase of live game birds or game bird eggs from a lawful source outside the state.
A pen-raised game bird offered for sale must be killed by means other than shooting.

● Records and Reports.

Each Commercial Game Bird Breeder shall maintain records showing the numbers of game birds and game bird eggs acquired, propagated, sold, and disposed of by any manner. The records shall be on forms provided by the Department and shall contain any other information required by the Department. The reporting period is from August 1 through the following July 31. Failure to keep records is a violation.

● Inspection.

An authorized employee of the Department may inspect the facilities and enclosures of a person holding a Commercial Game Bird Breeder's License at any time during normal business hours without a warrant.

● Penalty.

A person who violates a provision related to game bird breeders commits an offense that is punishable by a fine of $25-$500. Each bird, egg or part possessed or sold in violation of a statute or regulation constitutes a separate offense. The provisions of the law governing wildlife are subject to changes by the Texas Legislature and Parks and Wildlife Commission. As changes occur, the information contained herein shall be amended to reflect the specific changes.

Issued by the Law Enforcement Division at Austin, Texas on June 1, 2009