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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