Presenter: John Herron

Commission Agenda Item No. 10
Action
Nonresident Raptor Trapper's Permit – Fee
April 1998

I. Discussion: The Commission at its January 1998 meeting adopted the Raptor Proclamation and authorized staff to publish an amendment to 31 TAC §53.8 to establish a fee for a nonresident raptor trapper's permit. The proposed amendment was published in the March 13, 1998, issue of the Texas Register (23 TexReg 2725). Staff received no public comment on adoption of the proposed amendment.

II. Recommendation: The staff recommends the Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts an amendment to 31 TAC §53.8, concerning Miscellaneous Wildlife Licenses and Permits, as published in the March 13, 1998, issue of the Texas Register (23 TexReg 2725)."

Attachments - 2

1. Exhibit A - Proposed Permit Fee
2. Exhibit B - Fiscal Note

(Exhibit B available upon request.)


Commission Agenda Item No. 10
Exhibit A

Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §53.8, concerning fees schedules. The amendment to §53.8 is necessary to implement the fee for the newly created nonresident raptor trapping permit. The amendment will function to impose fees for nonresidents wishing to trap raptors in this state.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed amendment is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.

3. Public Benefit - Cost Note.

Mr. Macdonald has also determined that for each of the first five years the amendment as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing the rule as proposed will be the increased opportunity for persons to benefit from the wildlife resources of the state.

(B) There will be no effect on small businesses. There are additional economic costs to persons required to comply with the rule as proposed; specifically, a $300 fee for nonresidents to trap raptors in this state.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this 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 property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §49.014, which provides the commission with authority to establish a fee for the nonresident trapping permit.

The amendment affects Parks and Wildlife Code, Chapters 49 and 31.

§53.8. Miscellaneous Wildlife Licenses and Permits.

(a)-(b) (No change.)

(c) Falconry permits. The following permit fee amounts (fees also prescribed in Chapter 65 of this title) are effective for the license year beginning September 1, 1996, and thereafter:

(1) apprentice falconer's (type 121) - $50;

(2) general falconer's (type 122) - $100;

(3) master falconer's (type 123) - $150;

(4) falconer's renewal (type 124) - $50; and

(5) nonresident raptor trapper's [5-day falconer’s] (type 125) - $300 [$20].

(d)-(e) (No change.)

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

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or 512-389-4642


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