Presenter: John Herron
Commission Agenda Item No. 14
Action
Nongame Regulations
August 2002
I. Discussion: Under Parks and Wildlife Code, Chapter 67, the department is required 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. The chapter also authorizes the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species. Endangered animal species are regulated under authority of Parks and Wildlife Code, Chapter 68, which authorizes the department to make regulations necessary to establish limitations on the capture, trapping, taking, or killing, or attempting to capture, trap, take, or kill, and the possession, transportation, exportation, sale, and offering for sale of endangered animal species. The Regulations Committee at the April meeting authorized staff to publish proposed amendments to the commercial nongame regulations. The proposed rules appeared in the May 3, 2002 issue of the Texas Register (27 TexReg 3710). Staff has conducted meetings with the Nongame Advisory Board and collected public comment, a summary of which will be provided at the time of the meeting.
In June of 1998, the commission adopted the current regulations governing the collection and sale of nongame wildlife. On the basis of staff analysis and input from the regulated community, staff recommends updating and simplifying the regulations. Staff will brief the Commission on several proposed changes that will clarify the permit requirements for collection and sale of nongame wildlife, reduce reporting for nongame collectors, and reduce the number of species for which a nongame dealers permit is required.
Under current endangered species regulations, no person is authorized to possess endangered species except under the terms of a rehabilitation, scientific, educational, or zoological permit issued by the department under Parks and Wildlife Code, Chapter 43. However, under certain circumstances it is necessary for endangered and threatened animals to be temporarily possessed for relocation purposes, for example, in the course of roadway construction or power line maintenance. The current endangered species regulations do not address this type of scenario, and as Chapter 43 permits authorize specific activities at specific points in time, staff seeks to modify the state’s threatened and endangered species regulations to create a letter of authorization that would, under specific circumstances, allow named persons to relocate threatened and endangered species found in the course of survey, maintenance, or construction activity.
II. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts 31 TAC §§65.173 and 325-65.331, concerning Nongame Permits and Special Provisions, with changes to the proposed text as published in the May 3, 2002, issue of the Texas Register (27 TexReg 3710).”
Attachments - 3
1. Exhibit
A - Proposed
Commercial Nongame Rules
2. Exhibit
B – Proposed
Endangered Species Rule
3. Exhibit C – Fiscal
Note (Available upon request)
Commission Agenda Item No. 14
Exhibit A
Commercial
Nongame Permits
Proposal Preamble
1. Introduction.
The Texas Parks and Wildlife Department proposes amendments to §§65.325-65.327, and 65.329-65.331, and new §65.328, concerning Commercial Nongame Permits. The amendment to §65.325, concerning Applicability, eliminates language concerning the applicability of the regulations to certain species and is necessary because those species are being removed from the list of protected species. The amendment to §65.326, concerning Definitions, adds a definition of ‘export.’ The amendment is necessary to define an activity for enforcement purposes. The amendment to §65.327, concerning Permit Required, changes the name of the commercial collection permit to ‘commercial nongame permit,’ stipulates that commercial nongame permit holders may purchase nongame wildlife only from persons holding dealer’s nongame permit, and prohibits non-residents from engaging in commercial activities unless they possess a non-resident commercial dealer permit issued in their name . The amendment is necessary to make the name of the former commercial collection permit more accurately reflect the nature of the permitted activities, since many permit holders currently do not engage in collection activities; to create a mechanism for the agency to capture data that otherwise would be unavailable because of other aspects of this rulemaking that eliminate the reporting requirements for holders of the former commercial collection permit; and to prevent persons from engaging in commercial activities under a non-resident commercial dealer permit while posing as an employee of an out-of-state permit holder. New §65.328, concerning Means and Methods, establishes the lawful manners and devices that may be employed to take nongame wildlife. The new section is necessary to prevent the take of nontarget species, to prevent waste, and to ensure that persons engaged in the take of nongame wildlife under certain circumstance can be identified when not personally present. The amendment to §65.329, concerning Permit Application, makes nonsubstantive changes to reflect the name changes to the types of permits, and is necessary to maintain consistent regulatory terminology. The amendment to §65.330, concerning Record and Reporting Requirements, eliminates the required annual report for holders of a commercial nongame permit, requires a separate permit to be purchased for each permanent place of business, with exceptions, sets the period of validity of a permit, and requires nongame dealers to record, maintain, and report the permit number of nongame permittees from whom they purchase or obtain nongame wildlife. The amendment is necessary to eliminate unnecessary paperwork for general nongame permit holders, as the department has determined that the data collected from them can be captured from reports submitted by nongame dealer permit holders. The amendment to §65.331, concerning Affected Species, removes species from the list of species to which the rules apply. The amendment is necessary because the department has collected enough data on certain species to assume that commercial trade in them currently poses little or no danger to their well-being in the wild.
2. Fiscal Note.
Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be negligible fiscal implications to state and local governments as a result of enforcing or administering the rules.
3. Public Benefit - Cost Note.
Mr. Macdonald has also determined that for each of the first five years the rules as proposed are in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be the discharge of the agency’s statutory duty under Parks and Wildlife Code, Chapter 67, to develop and administer management programs to insure the continued ability of nongame species of fish and wildlife to perpetuate themselves successfully.
(B) There will be no adverse economic effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.
(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.
4. Request for Public Comments.
Comments on the proposed rules may be submitted to John Herron, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4771 or 1-800-792-1112 extension 4771 (e-mail: john.herron@tpwd.state.tx.us).
5. Statutory Authority.
The amendments are proposed under Parks and Wildlife Code, Chapter 67, which provides the commission with authority to establish any limits on the take, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife.
The proposed rules affect Parks and Wildlife Code, Chapter 67.
§65.325. Applicability.
(a) Except as provided in §65.330 of this title (relating to Record and Reporting Requirements) and subsection (b) of this section, this subchapter applies only to the nongame wildlife listed in §65.331 of this title (relating to Affected Species), living or dead, including parts of nongame wildlife and captive-bred nongame wildlife.
(b) This subchapter does not apply to:
(1) [dead mountain
lions, bobcats, or coyotes;]
[(2)] fish;
(2) [(3)]
the purchase, possession,
or sale of processed products,
except as provided in §65.327(d)
of this title (relating
to Permit Required);
(3) [(4)]
teachers at accredited
primary or secondary educational
institutions, provided
that the nongame wildlife
is possessed solely for
educational purposes and
is not sold or transferred
to another person for
the purpose of sale;
(4) [(5)]
persons or establishments
selling nongame wildlife
for and ready for immediate
consumption in individual
portion servings, and
which are subject to limited
sales or use tax; [or]
(5) [(6)] any
person [persons]
16 years of age or younger,
provided the person
is not engaged in a
commercial activity
involving nongame wildlife; or
(6) [(7)]
aquatic products possessed
under a valid bait dealer's
license[; or]
[(8) albinos of any
species of nongame].
§65.326. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by the Parks and Wildlife Code or regulatory definitions adopted under the authority of Parks and Wildlife Code.
(1) Captive-bred - Any wildlife born in captivity from parents held in captivity.
(2) Commercial activity - The sale, offer for sale, exchange, or barter of nongame wildlife.
(3) Export – The transport of nongame wildlife from Texas across a state or international boundary.
(4) [(3)]
Possession - actual care,
custody, or control of
nongame wildlife.
(5) [(4)]
Resale - Any transaction
or activity in which a
person purchases nongame
wildlife or otherwise
acquires nongame wildlife
for a consideration and
subsequently transfers
or delivers the same nongame
wildlife to any person
in exchange for compensation
or remuneration of any
kind.
(6) [(5)]
Processed product -
(A) nongame wildlife or parts of nongame wildlife that have been treated or prepared, by means other than refrigeration or freezing, to prevent decomposition; or
(B) parts of nongame wildlife that do not require treatment or preparation to prevent decomposition.
§65.327. Permit Required.
(a) Except as provided
in this section or in §65.325
of this title (relating
to Applicability), no
person [in this state]
may, for the purpose
of commercial activity,
take, attempt to take,
possess, import, export,
or cause the export of
nongame wildlife [possess
nongame wildlife for commercial
purposes,] or possess
more than [ten specimens
of a single subspecies
of nongame wildlife or
more than] 25 specimens
of nongame wildlife [in
the aggregate,] unless
that person possesses
a valid commercial nongame [collection]
permit or a valid dealer’s nongame
[dealer]permit
issued by the department.
(b) A person possessing a valid commercial nongame permit may sell nongame wildlife only to a person in possession of a valid dealer’s nongame permit.
(c) A person possessing a valid dealer’s nongame permit may sell nongame wildlife to anyone.
(d) No person may collect nongame wildlife and subsequently treat it to create a processed product for sale, offer for sale, exchange, or barter unless that person possesses a valid dealer’s nongame permit.
(e)[(b)]
No person in this state
may resell nongame wildlife
unless that person possesses
a valid dealer’s nongame
[dealer] permit
issued by the department.
(f) A nongame
dealer may, through
commercial activity,
acquire nongame wildlife
only from a person permitted
under this subchapter
or a lawful out of state
source. [(c)
No person may sell nongame
wildlife unless that
person possesses a valid
commercial nongame collection
permit.]
[(d)
No person may for the
purpose of sale, transport
or ship nongame wildlife
out of this state, or
cause such transport
or shipment, unless
that person possesses
an applicable, valid
nongame permit issued
by the department.]
(g) [(e)]
Except as provided by
subsection (h) [(f)]
of this section, a permit
required by this subchapter
shall be possessed on
the person of the permittee
during any activity governed
by this subchapter.
A separate permit is required
for each permanent place
of business. An [;
however, an] employee
of [the holder of]
a nongame dealer [dealer's
permit] may engage
in commercial activity
or the resale of nongame
wildlife only at
a permanent place of business
operated by the permittee,
provided that:
(1) the employer's permit or a legible photocopy of the permit is maintained at the place of business during all activities governed by this subchapter; and
(2) the place of business has been identified on the application required by §65.329 of this title (relating to Permit Application).
(h) [(f)]
In the event that [the
holder of] a nongame dealer [dealer’s
permit] conducts a
commercial activity [activities]
at a place in addition
to the permittee’s [a]
permanent place of business,
that person shall possess
on their person the
original or a
legible photocopy of a
valid nongame dealer’s
permit [during all
such activities].
(i) [(g)]
This subchapter does not
relieve any person of
the obligation to possess
an appropriate hunting
license for any activity
involving the take of
nongame wildlife.
(j) A permit issued under this subchapter is valid through the August 31 immediately following the date of issuance.
§65.328. Means and Methods.
(a) No person shall take or attempt to take nongame wildlife by means of any vacuum-powered device.
(b) Any device employed or emplaced to take or attempt to take nongame wildlife and that is unattended shall be marked with a gear tag. The gear tag must bear the name and address of the person using the device and the date the device was set out. The information on the gear tag must be legible. The gear tag is valid for 30 days following the date indicated on the tag.
(c) Any device used to take turtles shall be set such that:
(1) the opening or entrance to the device remains above water at all times; and
(2) the holding area of trap provides a sufficient area above water to prevent trapped turtles from drowning.
§65.329. Permit Application.
(a) An applicant for a dealer’s nongame permit under this subchapter shall submit to the department a completed application on a form supplied by the department, accompanied by the nonrefundable fee specified in Chapter 53 of this title (relating to Finance).
(b) The department reserves the right to refuse permit issuance to any person finally convicted of any violation of Parks and Wildlife Code during the five-year period immediately prior to an application for a permit under this subchapter. This paragraph does not apply to convictions under Parks and Wildlife Code, Chapter 31.
(c) The department shall not issue a permit to any person who has not complied with the applicable requirements of §65.330 of this title (relating to Reporting Requirements).
(d) Permits shall be issued to named individuals only, resident or nonresident as applicable, and shall not be issued in the name of any firm, organization, or institution.
§65.330. Record and Reporting Requirements.
(a) A person possessing
a commercial nongame [collection]
permit issued
under this subchapter shall,
during the period of validity
of the permit:
(1) continuously maintain
and possess upon their
person during any permitted
activity [collection
activities] a daily
[collection] log
indicating the date, location,
and number of specimens
of each species collected
and/or possessed [during
the period of validity
of the permit, which shall
be presented upon the
request of a department
employee acting within
the official scope of
their duties]; and
(2) maintain
a current daily record
of all sales, to include
the permit number of
all nongame dealers
purchasing nongame wildlife
from the permittee [complete
and submit to the department a
annual report accompanied
by the permittee's collection
log, by the 15th of
September of each year].
(b) A person possessing a nongame dealer permit shall:
(1) maintain a current
daily record of all purchases
and sales [, which
shall be presented upon
request to department
employee acting within
the official scope of
their duties];
(2) maintain a collection
log, invoice, or receipt
identifying the source
or origin of each specimen
of nongame wildlife in
possession (to
include the nongame permit
number of all persons
from whom nongame specimens
are purchased or acquired) [,
which shall be presented
upon request to an employee
of the department acting
within the official scope
of their duties];
and
(3) complete
and submit to the department,
on a form supplied or
approved by the department,
an annual report for
the period of August
1 through the following
July 31. The report
is due no later than
August 15 of each year. [complete
and submit to the department
an annual report by
the 15th of September
of each year.]
(c) All records required by this section shall be retained and kept available for inspection upon request of a department employee acting within the official scope of duty for a period of one year following the period of validity of the permit under which they are required to be kept.
§65.331. Affected Species. The following species are subject to the provisions of this subchapter.
Frogs and Toads
[Cope's gray treefrog (Hyla
chrysoscelis)]
[Canyon treefrog (Hyla
arenicolor)]
[Gray treefrog (Hyla
versicolor)]
[Green treefrog (Hyla
cinerea)]
[Squirrel treefrog (Hyla
squirella)]
Couch's spadefoot (Scaphiopus couchi)
[Plains spadefoot
(Scaphiopus bombifrons)]
[Northern cricket
frog (Acris crepitans
crepitans)]
[Blanchard's cricket
frog (Acris crepitans
blanchardi)]
[Coastal cricket frog (Acris
crepitans paludicola)]
[Great plains toad (Bufo
cognatu))]
[Eastern green toad (Bufo
debilis debilis)]
Western green toad (Bufo debilis insidior)
[Red-spotted toad (Bufo
punctatus)]
Texas toad (Bufo speciosus)
[Gulf Coast toad (Bufo
valliceps valliceps)]
[Southwestern Woodhouse's
toad (Bufo woodhousei
australis)]
[East Texas Toad (Bufo
woodhousei velatus)]
[Woodhouse's toad (Bufo
woodhousei woodhousei)]
Bull frog (Rana catesbeiana)
[Southern leopard
frog (Rana sphenocephala)]
[Bronze frog (Rana
clamitans clamatans)]
[Pig frog (Rana
grylio)]
Salamanders
Barred tiger salamander (Ambystoma tigrinum mavortium)
[Eastern tiger salamander (Ambystoma
tigrinum tigrinum)]
[Marbled salamander (Ambystoma
opacum)]
[Mole salamander (Ambystoma
talpoideum)]
[Spotted salamander (Ambystoma
maculatum)]
Turtles
Desert (Western) box turtle (Terrapene ornata luteola)
Ornate box turtle (Terrapene ornata ornata)
Three-toed (Eastern) box turtle (Terrapene carolina triunguis)
[Cagle's map turtle (Graptemys
caglei)]
[Mississippi map turtle (Graptemys
pseuogeographica kohnii)]
[Ouachita map turtle
(Graptemys pseudogeographica
ouachitensis)]
[Sabine map turtle
(Graptemys pseudogeographica
sabinensis)]
Texas map turtle (Graptemys versa)
Yellow mud turtle (Kinosternon flavescens flavescens)
[Mississippi (Eastern)
mud turtle (Kinosternon
subrubrum hippocrepis)]
[Western chicken turtle (Deirochelys
reticularia miaria)]
Red-eared slider (Trachemys scripta elegans)
Midland smooth softshell turtle (Apalone muticus muticus) (Trionyx muticus) (old name)
Texas spiny softshell (Apalone spiniferus emoryi), (Trionyx spiniferus) (old genus name)
[Guadalupe spiny softshell (Apalone
spiniferus guadalupensis)]
Western spiny softshell (Apalone spiniferus hartwegi)
[Pallid spiny softshell (Apalone
spiniferus pallidus)]
[Metter's river cooter (Pseudemys
concinna metteri)]
Texas river cooter (Pseudemys texana)
[Western painted turtle (Chrysemys
picta belli)]
[Southern painted
turtle (Chrysemys
picta dorsalis)]
[Common snapping turtle (Chelydra
serpentina serpentina)]
[Texas diamondback
terrapin (Malaclemys
terrapin littoralis)]
Lizards
[Texas alligator lizard
(Gerrhonotus liocephalus
infernalis)]
[Western slender glass
lizard (Ophisaurus
attenuatus attenuatus)]
[Green anole (Anolis
carolinensis)]
Texas banded gecko (Coleonyx brevis)
Southwestern earless lizard (Cophosaurus texanus scitulus)
[Texas earless lizard
(Cophosaurus texanus
scitulus)]
Eastern collared lizard (Crotaphytus collaris collaris)
Chihuahuan collared lizard (Crotaphytus collaris fuscus)
Crevice spiny lizard (Sceloporus poinsettii poinsettii)
[Texas spiny lizard
(Sceloporus olicaveus)]
[Twin-spotted (Desert)] spiny
lizard (Sceloporus
magister bimaculatus)]
[Northern (Eastern)] fence
lizard (Sceloporus
undulatus hyacinthinus)]
[Northern prairie
lizard (Sceloporus
undulatus garmani)]
[Southern Prairie
lizard (Sceloporus
undulatus consobrinus)]
[Big Bend canyon lizard (Sceloporus
merriami annulatus)]
[Presidio canyon lizard (Sceloporus
merriami longipunctatus)]
[Merriam's canyon
lizard (Sceloporus
merriami merriami)]
[Longnose leopard
lizard (Gambelia
wislizeni wislizeni)]
[Eastern tree lizard (Urosaurus
ornatus ornatus)]
[Big Bend tree lizard (Urosaurus
ornatus schmidti)]
Desert side-blotched lizard (Uta stansburiana stejnegeri)
Roundtail horned lizard (Phrynosoma modestum)
[Broadhead skink (Eumeces
laticeps)]
[Great plains skink (Eumeces
obsoletus)]
[Ground skink (Scincella
lateralis)]
[Gray-checkered whiptail
(Cnemidophorus dixoni)]
[Chihuahuan spotted
whiptail (Cnemidophorus
exsanguis)]
[Texas spotted whiptail (Cnemidophorus
gularis gularis)]
[Plateau spotted whiptail (Cnemidophorus
gularis septemvittatus)]
[Trans-Pecos striped
whiptail (Cnemidophorus
inornatus heptagrammus)]
[Laredo striped whiptail (Cnemidophorus
laredoensis)]
Marbled whiptail (Cnemidophorus marmoratus)
[New Mexico whiptail (Cnemidophorus
neomexicanus)]
[Colorado checkered
whiptail (Cnemidophorus
tesselatus)]
[Desert grassland
whiptail (Cnemidophorus
uniparens)]
[Six-lined racerunner
(Cnemidophorus sexlineatus
sexlinieatus)]
[Prairie-lined racerunner (Cnemidophorus
sexlineatus viridis)]
Snakes
[Baird's rat snake
(Elaphe bairdi)]
[Texas rat snake (Elaphe
obsoleta lindheimeri)]
[Trans-Pecos rat snake
(Elaphe subocularis)]
[Great Plains rat
snake (Elaphe guttata
emoryi)]
[Rough green snake
(Opheodrys aestivus)]
[Rough earth snake (Virginia
striatula)]
[Western smooth earth
snake (Virginia
valeriae elegans)]
[Ground snake (Sonora
semiannulata)]
[Yellowbelly water
snake (Nerodia erythrogaster
flavigaster))]
[Gray-banded kingsnake
(Lampropeltis alterna)]
[Louisiana milk snake
(Lampropeltis triangulum
amaura)]
[Mexican milk snake
(Lampropeltis triangulum
annulata)]
[New Mexico milk snake
(Lampropeltis triangulum
celaenops)]
[Central plains milk
snake (Lampropeltis
triangulum gentilis)]
[Speckled kingsnake
(Lampropeltis getulus
holbrooki)]
[Desert kingsnake (Lampropeltis
getulus splendida))]
[Bullsnake (Pituophis
melanoleucus sayi)]
[Texas longnose snake
(Rhinocheilus lecontei
tessallatus)]
[Eastern coachwhip
(Masticophis flagellum
flagellum))]
[Western coachwhip (Masticophis
flagellum testaceus))]
[Central Texas whipsnake
(Masticophis taeniatus
girardi)]
[Desert Striped whipsnake
(Masticophis taeniatus
taeniatus)]
[Eastern garter snake
(Thamnophis sirtalis
sirtalis)]
[Texas garter snake (Thamnophis
sirtalis annectans))]
[New Mexico garter
snake (Thamnophis
sirtalis dorsalis))]
Plains garter snake (Thamnophis radix haydenii)
[Checkered garter
snake (Thamnophis
marcianus marcianus)]
[Eastern blackneck
garter snake (Thamnophis
cyrtopsis ocellatus))]
[Western blackneck
garter snake (Thamnophis
cyrtopsis cyrtopsis))]
[Western ribbon snake
(Thamnophis proximus
proximus)]
[Redstripe ribbon
snake (Thamnophis
proximus rubrilineatus))]
[Gulf Coast ribbon
snake (Thamnophis
proximus orarius))]
[Arid land ribbon
snake (Thamnophis
proximus diabolicus))]
[Mississippi ringneck
snake (Diadophis
punctatus strictogenys)]
Prairie ringneck snake (Diadophis punctatus arnyi)
[Regal ringneck snake
(Diadophis punctatus
regalis)]
[Kansas glossy snake
(Arizona
elegans elegans)]
[Texas glossy snake (Arizona
elegans arenicola))]
[Painted desert glossy
snake (Arizona
elegans philipi))]
[Plains (western)] hognose
snake (Heterodon
nasicus nasicus)]
[Dusty hognose snake (Heterodon
nasicus gloydi))]
[Mexican hognose snake (Heterodon
nasicus kennerlyi))]
[Eastern hognose snake
(Heterodon platyrhinos)]
[Mountain patchnose
snake (Salvadora
grahamiae grahamiae)]
[Texas patchnose snake (Salvadora
grahamiae lineata))]
[Big Bend patchnose
snake (Salvadora
deserticola)]
[Texas coral snake
(Micrurus fulvius
tenere))]
[Southern copperhead
(Agkistrodon contortrix
contortrix)]
[Broad-banded copperhead
(Agkistrodon contortrix
laticinctus)]
[Trans-Pecos copperhead
(Agkistrodon contortrix
pictigaster)]
[Western cottonmouth
(Agkistrodon piscivorus
leucostoma)]
Western diamondback rattlesnake (Crotalus atrox))
[Prairie rattlesnake
(Crotalus viridis
viridis)]
[Mottled rock rattlesnake
(Crotalus lepidus
lepidus)]
[Banded rock rattlesnake
(Crotalus lepidus
klauberi)]
[Northern blacktail
rattlesnake (Crotalus
molossus molossus)]
[Western massasauga
(Sistrurus catenatus
tergeminus)]
[Desert massasauga
(Sistrurus catenatus
edwardsii)]
[Pygmy rattlesnake
(Sistrurus miliarius)]
Mammals
[Order Chiroptera
- BATS]
[Brazilian Free-tailed
Bat - (Tadarida
brasiliensis)]
Order Lagomorpha - RABBITS
Black-tailed Jackrabbit - (Lepus Californicus)
Order Rodentia - RODENTS
Squirrels
[Texas Antelope Squirrel
- (Ammospermophilus
interpres)]
[Mexican Ground Squirrel
- (Spermophilus
mexicanus)]
[Spotted Ground Squirrel
- (Spermophilus
spilosoma)]
[Thirteen-lined Ground
Squirrel - (Spermophilus
tridecemlineatus)]
[Rock Squirrel - (Spermophilus
variegatus)]
Black-tailed Prairie Dog - (Cynomys ludovicianus)
[Eastern Flying Squirrel
- (Glaucomys volans)]
[Pocket Gophers]
[Botta's Pocket Gopher
- (Thomomys bottae)]
[Desert Pocket Gopher
- (Geomys arenarius)]
[Attwater's Pocket
Gopher - (Geomys
attwateri)]
[Baird's Pocket Gopher
- (Geomys breviceps)]
[Plains Pocket Gopher
- (Geomys bursarius)]
[Jones' Pocket Gopher
- (Geomys knoxjonesi)]
[Texas Pocket Gopher
- (Geomys personatus)]
[Llano Pocket Gopher
- (Geomys texensis)]
[Yellow-faced Pocket
Gopher (Cratogeomys
castanops)]
[Pocket Mice]
[Plains Pocket Mouse
- (Perognathus flavescens)]
[Silky Pocket Mouse
- (Perognathus flavus)]
[Merriam's Pocket
Mouse - (Perognathus
merriami)]
[Hispid Pocket Mouse
- (Chaetodipus hispidus)]
[Rock Pocket Mouse
- (Chaetodipus intermedius)]
[Nelson's Pocket Mouse
- (Chaetodipus nelsoni)]
[Desert Pocket Mouse
- (Chaetodipus penicillatus)]
[Gulf Coast Kangaroo
Rat - (Dipodomys
compactus)]
[Texas Kangaroo Rat
- (Dipodomys elator)]
[Merriam's Kangaroo
Rat - (Dipodomys
merriami)]
[Ord's Kangaroo Rat
- (Dipodomys ordii)]
[Banner-tailed Kangaroo
Rat - (Dipodomys
spectabilis)]
[Mexican Spiny Pocket
Mouse - (Liomys
irroratus)]
[Mice and Rats]
[Fulvous Harvest Mouse
- (Reithrodontomys
fulvescens)]
[Eastern Harvest Mouse
- (Reithrodontomys
humulis)]
[Western Harvest Mouse
- (Reithrodontomys
megalotis)]
[Plains Harvest Mouse
- (Reithrodontomys
montanus)]
[Texas Mouse - (Peromyscus
attwateri)]
[Brush Mouse - (Peromyscus
boylii)]
[Cactus Mouse - (Peromyscus
eremicus)]
[Cotton Mouse - (Peromyscus
gossypinus)]
[White-footed Mouse
- (Peromyscus leucopus)]
[Deer Mouse - (Peromyscus
maniculatus)]
[Northern Rock Mouse
- (Peromyscus nasutus)]
[White-ankled Mouse
- (Peromyscus pectoralis)]
[Pinon Mouse - (Peromyscus
truei)]
[Golden Mouse - (Ochrotomys nuttalli)]
[Northern Pygmy Mouse
- (Baiomys taylori)]
[Mearns' Grasshopper
Mouse - (Onychomys
arenicola)]
[Northern Grasshopper
Mouse - (Onychomys
leucogaster)]
[White-throated Woodrat
- (Neotoma albigula)]
[Eastern Woodrat -
(Neotoma floridana)]
[Mexican Woodrat -
(Neotoma mexicana)]
[Southern Plains Woodrat
- (Neotoma micropus)]
[Mexican Vole - (Microtus
mexicanus)]
[Prairie Vole - (Microtus
ochrogaster)]
[Woodland Vole - (Microtus
pinetorum)]
[Porcupine Family]
[Porcupine - (Erethizon
dorsatum)]
[Order Carnivora -
CARNIVORES]
[Dog Family]
[Coyote - (Canis
latrans)]
[Cat Family]
[Mountain Lion - (Felis
concolor)]
[Bobcat - (Lynx
rufus)]
Commission
Agenda Item No. 14
Exhibit B
Threatened
and Endangered Nongame
Species Proclamation
Proposal Preamble
1. Introduction.
The
2. Fiscal Note.
Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rule.
3. Public Benefit - Cost Note.
Mr. Macdonald has also determined that for each of the first five years the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the protection of threatened and endangered resources.
(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed.
(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
4. Request for Public Comments.
Comments on the proposed rules may be submitted to
5. Statutory Authority.
The rule is proposed under Parks and Wildlife Code, Chapter 67, which authorizes the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species; and under Chapter 68, which authorizes the commission to make regulations necessary to administer the provisions of the chapter and to attain its objectives, including regulations to govern limitations on the capture, trapping, taking, or killing, or attempting to capture, trap, take, or kill, and the possession, transportation, exportation, sale, and offering for sale of endangered species.
The proposed rules affect Parks and Wildlife Code, Chapters 67 and 68.
§65.173. Special Provisions.
(a) No person may release a threatened or endangered species except as specifically provided by the department in a letter of authorization issued prior to release.
(b) The department may issue a letter of authorization allowing the temporary possession of threatened and endangered species for relocation purposes.
(1) Letters of authorization shall be issued only to competent persons experienced in the biological sciences who are:
(A) employed by a governmental entity; or
(B) engaged in paid environmental consultancy regarding the activities for which the letter of authorization is sought.
(2) Letters of authorization shall be issued to named persons only.
(3) The activities authorized by a letter of authorization shall be performed only by the person in whose name the letter of authorization is issued.
(4) All animals possessed under a letter of authorization shall be relocated and released as quickly as possible without placing avoidable stress on the animals.
(5) All relocated animals shall be released to suitable habitat.
(6) A letter of authorization does not absolve any person from compliance with any other applicable state or federal law.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on
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