Presenters: Matt Wagner
Commission Agenda Item No. 6
Commercial Nongame Regulations
August 21, 2008
I. Executive Summary: This item presents proposed changes to regulations governing the collection and sale of nongame species. The proposed rules:
- Extend the "grandfather" provision for prohibited nongame for an additional two years (until 2010) allowing persons with personal, noncommercial collections to report them to the department. After the collections are reported, these persons may continue to retain them without a permit, provided no commercial activity takes place.
- Allow for the possession, captive breeding, and sale of all nongame wildlife on the prohibited list, provided the wildlife was lawfully obtained from an out-of-state source and the possessor has both documentation of lawful purchase or take and an appropriate nongame permit.
- Remove three species (cornsnake, house mouse and rough-footed mud turtle) from the prohibited list. The cornsnake is not native to Texas. The house mouse is not wildlife and should not have been included on the list. The rough-footed mud turtle should not have been on the list because it is protected from take under the state threatened or endangered species rules.
- Nonsubstantive housekeeping and clarification.
II. Discussion: Under Parks and Wildlife Code, Chapter 67, the department is required to develop and administer management programs to ensure the continued ability of nongame species of fish and wildlife to perpetuate themselves successfully, and to conduct ongoing investigations of nongame fish and wildlife to develop information on populations, distribution, habitat needs, limiting factors, and any other biological or ecological data to determine appropriate management and regulatory information.
At the March 2008 meeting of the Regulations Committee, staff received permission to publish proposed regulations in the Texas Register for public comment. The proposed rules (located at Exhibit A) appeared in the July 11, 2008, issue of the Texas Register (33 TexReg 5499). Staff has gathered and analyzed public comment on the proposed rules and will provide a summary at the time of the meeting.
III. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:
"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.325, 65.327, and 65.331, concerning Commercial Nongame Permits, with changes as necessary to the proposed text (located at Exhibit A) as published in the July 11, 2008, issue of the Texas Register (33 TexReg 5499)."
Attachments - 1
- Exhibit A - Proposed Regulations