, 

” 

HE A~~-oRNEY GENERAL 

OF WAS 

CRAWFORD c. MARTIX 

AUSTIIS. TEXAS 7Q711 

*x-rOHNEY carGuER*l. 

February 2, 1972 

Mr. James U. Cross 

Executive Director 

Parks and Wildlife Department 

John H. Reagan Building 

Austin, Texas 78701 

Opinion No. M-1062 

Re: Whether Article 880d, 

Vernon's Penal Code, 

applies to the use of 

exotic species of falDear Mr. Cross: cons. 

You have asked our opinion whether the provisions of 

Article 880d, Vernon's Penal Codel- in particular Sections 

2, 3, 4, 7, and 9 of that article - apply to falconers using exotic species of raptors. This opinion is restricted 

to the question asked. 

The capture , possession, and use of raptors or birds 

of prey is regulated by Article 880d, which was enacted by 

the Sixty-second Legislature. Under Sections 1 (b), 1 (c), 

and 6, the Texas Parks and Wildlife Department (hereinafter 

"Department") may prescribe reasonable rules and regulations 

to carry out the provisions of the act. Pursuant to this 

authority, the Department has issued the "Texas Parks and 

Wildlife Department Policy on the Taking and Possession of 

Rantors for Falconry Purposes as adopted September 30, 1971." 

This regulation in Section 1.03 defines *raptor" as n0 o . 

any member of the Orders Falconiformesand Strigiformes" 

and "falconry" as *I. . .the utilization of any member of the 

Orders Strigiformes or Falconiformes for the taking of wild 

birds or wild mammals during any prescribed open seasons." 

No definition is given in either the Department regulation or the statute-to the term "native." This term is 

defined by Webster's Third New International Dictionary as 

I .grown, produced, ore originating in a particular place 

&'a region or country): not foreign or exotic. . *grown, 

produced, or originating-in the-vicinity: not transported 

1 All statutes mentioned are parts of Vernon's Penal 

Code unless otherwise indicated. This Article was enacted 

by Acts 62nd Leg., R.S., 1971, S.B. 372, ch. 176, p. 987. 

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Honorable James U. Cross, page 2 (M-1062) 

from a distant region. 0 .living or growning naturally in 

a given region., 0 0 an 

Among the definitions of "exotic: in Webster's Third 

New International Dictionary is 'I0 0 Ofrom another country: 

not native to the place where found. o o ." This office 

is informed that the Department defines the term "exotic 

species of raptors" to mean those raptors not native to 

Texas. 

While penal laws generally are to be construed strictly, 

they are not construed so strictly as to defeat the~legislative intent when the intent is plainly manifest or is fairly deducible from the statutory language, 53 Tex.Jur,Zd 304, 

Statutes, Section 198. Criminal laws should be construed according to the plain import of the language used. Article 

7. A penal statute should be given a reasonable and common 

sense interpretation, Biszelle v. State, 116 S,W,2d 385 (Tex. 

Crim., 1938). 

The plain import of Article 880d is to regulate the 

sport of falconry, With the exception of specific references 

to native raptors in Section 1 p the various provisions of the 

statute make no express distinction between.native~-land-exotic 

species of raptors, Section 5,~,which retains, as property of,, 

the people of this state all raptors captured;takenb or possessed in this state actually is not limited by its terms to 

native raptors; but only~ wild animals, birds, and fowls within the borders of the state are made the property of the 

~people. Article 871a, Thus Section 5 can apply only to native raptors. Section 3 is the only authority in Texas law. 

by which any person may hunt with a raptor, whether native 

or exotic; The provisions in Section 3 for a nonresident's 

hunting license and in Section 7 for a falconer's permit for 

a nonresident who establishes.permanent Texas residence and 

who holds raptors under a'permit in another, state makes clear 

that the legislature intended to regulate the possession and 

use of exotic as well as native raptors, This view is strengthened by the reference in Section 6 to those raptors classified 

by the United States Bureau of Sports, Fisheries, and Wildlife 

as rare or endangered, Consequently, it is OUT opinion that 

Article 880d applies to the possession and use of exotic as 

well as native raptors, except for those provisions of Section 

1 which apply expressly to native raptors and Section 5. 

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Honorable James U. Cross, page 3 

CONCLUSION 

The provisions of Article 880d, Vernon's Penal 

(M-1062) 

Code, apply to the possessionand use~.of exotic as 

well as native species of raptors, except that Section 

1 insofar as it refers to native raptors and Section 

5 apply only to native raptors; 

ney General of Texas 

Prepared by Roland Daniel Green, III 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W.E. Allen, Co-Chairman 

Sally Phillips 

Jim Maxwell 

Ken Nordquist 

Linward Shivers 

SAM MC DANIEL 

Staff Legal Assistants 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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