reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter C - WILDLIFE REHABILITATION PERMITS › Section 69.50 - Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by federal law,
				  Chapter 65, Subchapter B, of this title, or a provision of state law, a permit
				  issued under this subchapter authorizes the permittee to transfer wildlife to:
(1) other wildlife rehabilitators legally
				  permitted to hold that species in Texas; or
(2) wildlife rehabilitators permitted in
				  other states, provided a letter of authorization from the department has been
				  obtained prior to the transfer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter C - WILDLIFE REHABILITATION PERMITS › Section 69.51 - Release of Rehabilitated Wildlife

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A permittee shall release all wildlife capable of surviving in the wild in
				  accordance with the provisions of this section, unless specifically authorized
				  in writing by the department to do otherwise.
(b) A permittee shall not release, or cause
				  or allow the release of wildlife in such a manner or at such a location so that
				  the released animals are likely to become a nuisance, a disease threat, or a
				  depredation threat.
(c) Except as
				  specifically authorized in writing by the department, releases shall not be
				  made in or to fenced or enclosed areas that prevent the animal from leaving at
				  will.
(d) Wildlife shall be
				  released only to habitat appropriate for the species.
(e) No person may release or allow the
				  release of white-tailed deer or mule deer held under the provisions of this
				  subchapter unless the release site is either:
(1) within five miles of the location where
				  the deer was discovered prior to intake; or
(2) within the county where the deer was
				  discovered prior to intake.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter C - WILDLIFE REHABILITATION PERMITS › Section 69.52 - Reports and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  permittee and each subpermittee who operates a satellite facility shall
				  maintain, on a form provided or approved by the department:
(1) a daily log of all animals acquired or
				  received for rehabilitation. The daily log shall, at a minimum, consist of the
				  following:
(A) the species and sex (if
				  possible) of each animal acquired or received;
(B) the date and time that each animal was
				  acquired or received;
(C) the name,
				  address, phone number, and, if possible, an email address for each person from
				  whom an animal is acquired or received;
(D) the approximate or exact geographical
				  location where each animal was found before being acquired or
				  obtained;
(E) a reference
				  identifier assigned to the wildlife;
(F) the RFID tag number assigned to a
				  white-tailed or mule deer; and
(G)
				  final disposition data for each animal, including:
(i) the cause of final disposition;
(ii) the date and time of final disposition;
				  and
(iii) the method and location
				  of disposition, including but not limited to:
(I) GPS coordinates for any release
				  location;
(II) the name, address,
				  phone number, and email address of the landowner of a property where wildlife
				  is released; and
(III) the name,
				  address, phone number, email address, and permit number (if applicable) of any
				  person to whom wildlife is transferred, if wildlife is transferred;
				  and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter C - WILDLIFE REHABILITATION PERMITS › Section 69.53 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violations of this subchapter are as
					 prescribed by Parks and Wildlife Code, Chapter 43, Subchapter
					 C.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter D - MEMORANDUM OF UNDERSTANDING › Section 69.71 - Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Department of Transportation

Current through Reg. 49, No. 28; July 12, 2024
The Texas Parks and Wildlife Commission adopts by reference
					 the provisions of 43 TAC §§
										2.201-
					 2.207
					 (relating to Memorandum of Understanding with the Texas Parks and Wildlife
					 Department).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter E - NATURAL RESOURCE DAMAGES › Section 69.73 - Natural Resource Damage Assessment for Coastal Oil Spills

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the requirements of the Natural Resources Code,
					 §
										40.107,
					 the Texas Parks and Wildlife Department adopts by reference the provisions of
					 §§
										20.1-20.44 of
					 this title (relating to Natural Resource Damage Assessment), as adopted by the
					 Texas General Land Office, effective October 19, 1994.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter F - HEALTH CERTIFICATION OF NATIVE SHELLFISH › Section 69.75 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Certified
				  Inspector--An employee of the Texas Parks and Wildlife Department or the Texas
				  A&M Sea Grant College Program who has satisfactorily completed a department
				  approved course in clinical analysis of shellfish.
(2) Clinical Analysis Checklist--An
				  inspection form provided by the department specifying sampling protocols and
				  listing certain characteristics which may constitute manifestations of
				  disease.
(3) Disease--Contagious
				  pathogens or injurious parasites which may be a threat to the health of natural
				  populations of aquatic organisms.
(4) Disease-Free--A status based on the
				  results of an examination conducted by a department approved shellfish disease
				  specialist that certifies a group of aquatic organisms as being free of
				  disease.
(5) Immediately--Without
				  delay; with no intervening span of time.
(6) Manifestations of disease--Manifestations
				  of disease include, but are not limited to, one or more of the following: heavy
				  or unusual predator activity, empty guts, emaciation, rostral deformity,
				  digestive gland atrophy or necrosis, gross pathology of shell or underlying
				  skin typical of viral infection, fragile or atypically soft shell, gill
				  fouling, or gill discoloration.
(7)
				  Private facility--A pond, tank, cage or other structure capable of holding
				  native shellfish in confinement wholly within or on private land or water or
				  wholly within or on permitted public land or water.
(8) Quarantine condition--Confinement of
				  native penaeid shrimp such that neither the shrimp nor the water in which they
				  are or were maintained comes into contact with other fish or
				  shellfish.
(9) Waste--Waste shall
				  have the same meaning as in Chapter 26, §
										26.001(6)
				  of the Texas Water Code.
(10) Water
				  in the state--Water in the state shall have the same meaning as in Chapter 26,
				  §
										26.001(5)
				  of the Texas Water Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter F - HEALTH CERTIFICATION OF NATIVE SHELLFISH › Section 69.77 - Health Certification of Native Penaeid Shrimp

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person in possession of native
				  panaeid shrimp stocks held on a private facility for the purpose of aquaculture
				  or scientific research who observes one or more manifestations of disease
				  appearing on the clinical analysis checklist provided by the department shall:
(1) immediately place the entire facility
				  under quarantine condition, immediately notify the department and immediately
				  request an inspection from a department approved examiner; or
(2) immediately quarantine the entire
				  facility, immediately notify the department and immediately submit samples of
				  the affected shrimp to a department approved shellfish disease specialist for
				  analysis. Results of such inspections or analyses shall be forwarded to the
				  department immediately upon receipt.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter G - COMPLIANCE WITH COASTAL MANAGEMENT PLAN › Section 69.91 - Consistency

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the requirements of Chapter 501 of this title
					 (relating to Coastal Management Program), the actions and rules of the Texas
					 Parks and Wildlife Department with regard to the items listed in §
										505.11(7)(A)-(D)
					  of this title (relating to Actions and Rules
					 Subject to the Coastal Management Program) shall be consistent with the
					 applicable goals, policies, and procedures set forth by the Coastal
					 Coordination Council in Chapters 501 and 505 of this title (relating to Council
					 Procedures for State Consistency with Coastal Management Program Goals and
					 Policies), when such actions or rules may adversely affect a coastal natural
					 resource area as defined in §
										503.1
					 of this title (relating to Coastal Management Program Boundary). Specifically,
					 permits or actions authorized by the Texas Parks and Wildlife Department
					 related to activities listed in §505.11(7)(A)-(D) shall include the
					 statements and determinations required by §
										505.30
					 of this title (relating to Agency Consistency Determination).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter G - COMPLIANCE WITH COASTAL MANAGEMENT PLAN › Section 69.93 - Thresholds for Referral

Current through Reg. 49, No. 28; July 12, 2024
The thresholds for referral of actions of the Texas Parks
					 and Wildlife Department listed in §
										505.11(7)(A)-(D)
					  of this title (relating to Actions and Rules
					 Subject to Coastal Management Program) shall be as follows.
(1) For oyster leases issued pursuant to
				  §
										58.30 of
				  this title (relating to Private Oyster Leases), the threshold for referral
				  shall be an administratively complete application for a lease.
(2) For permits issued pursuant to
				  §§
										69.301-69.311
				  of this title (relating to Scientific, Educational and Zoological Permits) as
				  they concern the taking, transporting, or possession of threatened or
				  endangered species; §§65.171-65.176 and §§
										69.43-69.53 of
				  this title (relating to Threatened and Endangered Nongame Species); or permits
				  issued pursuant to §§
										69.1-69.9 of this title
				  (relating to Endangered, Threatened, and Protected Native Plants; Wildlife
				  Rehabilitation Permits), the threshold shall be an administratively complete
				  application.
(3) For permits
				  authorizing the disturbance or removal of sand, shell, gravel, and marl issued
				  pursuant to §§69.101-69.121 and 69.201-69.209 of this title (relating
				  to Shell Dredging on the Texas Gulf Coast and Issuance of Marl, Sand, and
				  Gravel Permits), the threshold shall be an administratively complete
				  application for a permit.
(4) For
				  approval of development which requires the use or taking of any public land in
				  state parks, wildlife management areas, and preserves by a person or entity
				  other than the Texas Parks and Wildlife Department and which would be subject
				  to Parks and Wildlife Code, Chapter 26, and §§59.41-59.47,
				  59.61-59.64, and 59.75 of this title (relating to Acquisition and Development
				  of Historic Sites, Buildings, and Structures, and Administration of the Texas
				  State Park System), the threshold for referral shall be initial approval by the
				  Texas Parks and Wildlife Commission of the project concept.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.101 - Management and Protection

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  These rules establish the procedures for the issuance of permits for the taking
				  of sedimentary materials from the public waters of this state.
(b) Permits issued pursuant to these rules
				  are not contracts, but are evidence of permission granted by the commission,
				  acting through the executive director of the department, to operate strictly in
				  accordance with the terms of the permit.
(c) Prior to issuing a permit under this
				  section for the disturbance of marl sand and gravel within the Coastal
				  Management Program Boundary as defined in §
										503.1
				  of this title (relating to Coastal Management Program Boundary) the department
				  shall comply with the requirements of §
										69.91 and
				  §
										69.93 of
				  this title (relating to Consistency; Threshold for Referral) and §
										505.30
				  of this title (relating to Agency Consistency Determination). Grant or denial
				  of an application for a permit under this section is not a final agency action
				  appealable for purposes of judicial review under the Texas Administrative
				  Procedure Act, Texas Government Code, Title 10, Subtitle A, §2001.171,
				  until the jurisdiction of the Coastal Coordination Council has
				  lapsed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
(1) Administratively
				  complete--An application is administratively complete when all information
				  required for staff evaluation has been submitted with all necessary maps,
				  photographs, channel depths and sponsor/owner application forms.
(2) Applicant--Any person applying for a
				  permit.
(3) Director--The Executive
				  Director of the Parks and Wildlife Department.
(4) Evidence--A presentation of facts orally
				  or in writing by affidavit, deposition, or in person, and may include maps,
				  pictures, diagrams, models, and learned treatises.
(5) General permit--An authorization to
				  disturb or remove sedimentary materials from the public waters of the state
				  under conditions that meet the criteria set forth in §
										69.115
				  of this title (relating to General Permits).
(6) Individual permit--An authorization to
				  disturb or remove sedimentary materials from the public waters of the state for
				  any proposed activity that does not qualify for a general permit.
(7) Person--Any person, firm, partnership,
				  association, corporation, or entity.
(8) River segment--Reach of river and
				  tributaries as designated by the Texas Commission on Environmental Quality
				  (TCEQ) based on flow and water quality attributes in the Surface Water Quality
				  Standards.
(9) Sedimentary
				  materials--Marl, sand, mudshell, gravel, or any combination of them.
(10) Waters--All of the salt and fresh water
				  of the area of this state under the jurisdiction and trusteeship or ownership
				  of the government of the State of Texas, all the volume of such water area, and
				  all lands underlying such water area, and all lands subject to the jurisdiction
				  of the commission underlying the beds of navigable streams, whether containing
				  water or not, as defined in Texas Civil Statutes, Article 5302.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.103 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
The commission delegates power and authority to the
					 director to issue uncontested permits for the taking of sedimentary materials
					 from the waters of this state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.104 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
Unless authorized as an exempt activity pursuant to §
										69.120 of
					 this title (relating to Exemptions), the disturbance of sedimentary materials
					 under the management and protection of the commission must be authorized under
					 the terms and conditions of either an individual or a general permit. The
					 department may require an individual permit for any proposed activity not
					 specifically exempt under §
										69.120 of
					 this title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.105 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The application
				  for a permit (either individual or general) shall set forth the proposed
				  location, quantities, kinds of materials to be removed, equipment to be used,
				  period of time, names of alongshore property owners on both sides of the
				  waterway for one mile both upstream and downstream of the proposed operation,
				  and other information as may be required.
(b) All applications shall include:
(1) a completed sand and gravel permit
				  application on a form provided by the department;
(2) a completed publisher's affidavit for
				  notice approved by the department published in:
(A) the daily or weekly newspaper with the
				  greatest circulation in the county or counties affected by the issuance of the
				  permit for three consecutive days, if daily, and if weekly, in three
				  consecutive weeks; and
(B) one
				  newspaper published for the community closest to the proposed area of
				  disturbance, if any;
(3)
				  proof that notice approved by the department was sent by certified mail to all
				  alongshore property owners within one river mile upstream and downstream of the
				  proposed area of disturbance described in the application;
(4) a sedimentation impact assessment,
				  including an evaluation of sediment budget, erosion rates of the river segment
				  to be affected, and the effect on coastal and receiving waters, approved by the
				  department; and
(5) a project
				  description that includes, at a minimum:
(A)
				  the name, address, and telephone number of the applicant;
(B) a description of the proposed activity or
				  a plan of the proposed project;
(C)
				  if applicable, the size of the pipeline or cable, the width of the proposed
				  trench, and the width of the right-of-way to be disturbed;
(D) a vicinity map showing the location of
				  the proposed activity;
(E) the
				  maximum amount of sedimentary material to be disturbed or removed and a
				  description of its intended final disposal area;
(F) the date that the proposed activity will
				  begin;
(G) a statement disclosing
				  whether or not any species listed as state or federal threatened or endangered
				  species might be affected by, or found in the vicinity of, the proposed
				  project; and
(H) maps, drawings,
				  and/or photographs depicting property of adjacent landowners and other
				  resources including trees, wetlands, aquatic habitats such as channels or
				  shallows; and
(6) any
				  requested amendments to the permit, if the application is for the renewal of a
				  permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.106 - Public Comment Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
The director or other authorized employee shall preside and
					 hear relevant public comment offered by the applicant or any other interested
					 person. Public comment may be presented orally or in writing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.107 - Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A written
				  request for a contested case hearing from an applicant or a person with a
				  justifiable interest must be received prior to the close of the public comment
				  period and shall be referred to the Office of Administrative Hearings (OAH)
				  within 45 days after the close of the public comment period. Proposed
				  activities shall not commence or continue after the date on which an
				  application is referred to the OAH until a valid permit is issued.
(b) Contested cases shall be conducted
				  pursuant to the Procedural Rules of the commission and any applicable rules of
				  the State Office of Administrative Hearings.
(c) The applicant shall be responsible for
				  all hearing costs to the State Office of Administrative Hearings, transcript
				  costs incurred by the department, and court reporting costs incurred by the
				  department and no permit may be issued pursuant to this section before full
				  payment of all proper costs have been made to the department by the
				  applicant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.108 - Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The director may consider the following
				  criteria in determining whether to grant or deny a permit:
(1) the past performance of the applicant
				  with respect to its obedience and strict observance of the terms of past
				  permits;
(2) whether the applicant
				  shows evidence of financial responsibility;
(3) the ability of the applicant to operate,
				  including its facilities for operation;
(4) the existence of sedimentary materials in
				  the area applied for;
(5) whether
				  the granting of the permit will have a material adverse effect on recreational
				  activity in the general area affected by the permit;
(6) whether the granting of the permit will
				  have a material adverse effect on commercial fishing or the general seafood
				  industry in the general area affected by the permit;
(7) the effect, if any, on navigation in the
				  general area affected by the permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.109 - Findings of Fact

Current through Reg. 49, No. 28; July 12, 2024
Within a reasonable length of time after the conclusion of
					 the hearing, the director shall make findings of fact or have presented to the
					 commission findings of fact from the State Office of Administrative Hearings
					 and set forth whether the permit should be granted or denied.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.110 - Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  individual permit shall be granted for a period longer than three
				  years.
(b) No general permit shall
				  be granted for a period longer than one year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.111 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The director may make such reasonable
				  requirements of the permittee as required to effectuate the intent of Chapter
				  86 of the Parks and Wildlife Code.
(b) For individual permits the director shall
				  require the permittee to make a good and sufficient bond payable to the
				  department, and conditioned upon the prompt payment of charges for sedimentary
				  materials and any damage done to property under the ownership or trusteeship of
				  the state.
(c) The director shall
				  require the permittee to:
(1) for individual
				  permits, make a sworn report no later than the tenth of each month on all
				  materials removed from public waters during the preceding month at the approved
				  location or locations;
(2) maintain
				  permanent records of all materials removed, stockpiled, or sold;
(3) make such records available to department
				  representatives any time; and
(4)
				  make a monthly report whether or not any materials are removed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.112 - Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Following a determination that the use of
				  excessive equipment is causing siltation or other damage to oysters, oyster
				  beds, or fish-inhabiting waters thereof or adjacent thereto, the director may
				  limit the quantity or type or both quantity and type of equipment used in any
				  particular area.
(b) A failure or
				  refusal of the holder of the permit to comply with the terms and conditions of
				  such permit or the violation of any law or condition pertaining to the taking
				  of sedimentary materials shall operate as an immediate termination or
				  revocation of all rights conferred in or claimed under the permit; and such
				  permit may be canceled by the director.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.113 - Claims of Private Ownership

Current through Reg. 49, No. 28; July 12, 2024
An applicant for a permit to dredge from an area which is
					 or may be subject to tidal inundation claimed as the private property of the
					 applicant must provide the department with sufficient proof of such ownership;
					 and this proof shall be accompanied by a recent survey plat indicating the
					 exact location of such area, or the department will presume the ownership of
					 such area is vested in the state. In all such instances, the applicant has the
					 burden to satisfy the department concerning the question of ownership, and the
					 department reserves the right to demand adequate proof of ownership prior to
					 granting a permit for such area. The attorney general shall be requested to
					 examine the title to all claims of private ownership, and those findings shall
					 be taken as final on questions of title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.114 - Individual Material Permit Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (c) of
				  this section, applications for permits to take or disturb sedimentary material
				  shall be accompanied by the following nonrefundable application fees:
(1) $1,200 for applications to take
				  sedimentary material for purposes of sale; and
(2) $500 for all other
				  applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.115 - General Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the terms
				  of a general permit, the executive director may authorize the following
				  activities:
(1) pipeline
				  construction;
(2) pipeline
				  maintenance; and
(3) other
				  activities that necessitate the disturbance or removal of less than 1,000 cubic
				  yards of sedimentary material.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.116 - Conditions

Current through Reg. 49, No. 28; July 12, 2024
A general permit may be authorized for an activity listed
					 in §
										69.115(a)
					 of this title (relating to General Permits ), provided that the proposed
					 activity:
(1) will have no significant
				  adverse effects on a natural resource of the state as set forth in Parks and
				  Wildlife Code, §
										86.004;
(2) is minimal in scope and duration;
				  and
(3) will be conducted in
				  compliance with the best management practices set forth in §
										69.118
				  of this title (relating to Best Management Practices).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.117 - Emergency Situations

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of
				  an emergency that requires immediate action to prevent a threat to human health
				  and safety or the environment, a person who seeks to remove or disturb less
				  than 1,000 cubic yards of sedimentary material shall promptly notify the
				  department that an emergency exists. The department shall respond to this
				  notification within 72 hours with a determination that the action is approved,
				  not approved, or approved with conditions.
(b) Within ten days of completing an approved
				  emergency activity, a permittee shall submit a written report to the
				  department. Such report shall include:
(1)
				  the name, address, and telephone number of the applicant;
(2) a description of the emergency
				  activity;
(3) a small-scale map
				  showing the location of the emergency activity;
(4) the estimated amount of sedimentary
				  material disturbed or removed as a result of the emergency activity;
				  and
(5) the date(s) the emergency
				  activity took place.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.119 - Fees

Current through Reg. 49, No. 28; July 12, 2024
The department shall charge a nonrefundable fee of $250 for
					 general permit applications. If the department determines that a general permit
					 is not authorized for an activity, the application fee shall be applied to the
					 application fee for an individual permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.120 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The commission finds that the state will not be deprived of
					 significant revenue and there will be no significant adverse effects on
					 navigation, the coastal sediment budget, riverine hydrology, erosion, or fish
					 and wildlife resources or their habitat, and the following activities are
					 therefore exempt from any permit requirement of the department or payment to
					 the department for sedimentary material removed from the public waters of this
					 state:
(1) projects to restore or
				  maintain the storage capacity of existing public water supplies;
(2) maintenance projects carried out by
				  public utilities for noncommercial purposes;
(3) public road projects of the Texas
				  Department of Transportation; and
(4) projects resulting in insignificant
				  takings or disturbances of marl, sand, grave, shell or mudshell as defined in
				  Parks and Wildlife Code, §
										86.021(b-1).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.121 - Prices

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission, with the approval of the
				  governor, establishes a minimum royalty of $0.20 ton for sedimentary materials.
				  The permittee shall pay the minimum royalty or a percent royalty of 8.0% on the
				  average selling price per ton sold calculated on a monthly basis, whichever is
				  higher.
(1) Where the permittee uses a
				  floating dredge and barge or does not have access to a scale, measurement of
				  materials sold may be made in cubic yards and converted into tons according to
				  industry standard prior to payment.
(2) Payment for materials dredged solely for
				  personal use may be based on the minimum royalty.
(3) Penalties and interest on delinquencies.
(A) Penalties. Any royalty not paid when due,
				  or any required affidavit, report, or document not submitted when due, is
				  delinquent and penalties as provided in this paragraph shall be assessed. The
				  penalties prescribed by this paragraph shall be assessed beginning on the 31st
				  day following the due date. Payments remitted before the 31st day are not
				  subject to the provisions of this paragraph.
(i) For royalties due after the effective
				  date of this section, the department shall add a penalty of 10% of the
				  delinquent amount or $100, whichever is greater, to any royalty which is more
				  than 30 days delinquent. An additional penalty of 10% of the amount owed shall
				  be assessed for each 30-day period that the royalty payment or portion of the
				  royalty payment is outstanding.
(ii) For each report, affidavit, or document
				  that is delinquent or incorrect, a penalty of $100 shall be assessed. An
				  additional penalty of $100 per affidavit, report, or document that is
				  delinquent or incorrect shall be assessed for each 30-day period that each
				  affidavit, report, or document remains delinquent or is not
				  corrected.
(B) Interest.
				  Any royalty not paid is delinquent and shall accrue interest as provided in
				  this subparagraph.
(i) Interest shall accrue
				  on all delinquent royalties at the rate of 12% per year (simple
				  interest).
(ii) Interest shall
				  begin to accrue 31 days after the due date.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.202 - Previous Shell Dredging Orders

Current through Reg. 49, No. 28; July 12, 2024
Any previous orders or rules dealing with shell dredging
					 are expressly repealed with the exception of §
										69.121 of this
					 title (relating to Prices) and commission action on August 12, 1974,
					 designating state land tracts for general and special
					 permits.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.205 - Department Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  permittees are henceforth required to have on each operating dredge a person
				  vested with authority and the responsibility to immediately stop all dredging
				  and move the dredge or other offending equipment to another proper location
				  upon direction of the director or designated department agent having
				  responsibility for shell management or dredging supervision.
(b) Any reef areas that are seriously silted
				  by dredging activities must be replaced by the responsible permittee at its
				  sole expense with a shell pad at least one foot thick and equal in surface area
				  to the silted area placed at a location selected by the director. Shell that is
				  illegally dredged must be returned to coastal waters in a volume at least equal
				  to that illegally taken at a site and in a manner selected by the director.
				  When siltation or illegal dredging operation also results in measurable oyster
				  mortality, monetary mitigation for the loss of the oysters will be paid by the
				  permittee as a condition prior to further dredging activities under the
				  permit.
(c) When dredging
				  operations in a particular state tract repeatedly result in silt problems or a
				  history of recurring violations is established, the director may delete the
				  tract from all shell dredging permits, giving ten days advance written notice
				  to all permittees.
(d) Dredge
				  discharge will be directed over the dredge cut. Any mounds created as a result
				  of dredge discharge will be leveled by the permittee prior to leaving the
				  dredge cut.
(e) Permittee will have
				  its dredge or dredges equipped and operated to save all shell of 3/8-inch size,
				  and provided that the director or its designated agent may permit the use of
				  1/2-inch minimum size screen when the shell is found to be so placed as to
				  preclude the use of 3/8-inch screen.
(f) The director is authorized to add or
				  delete any state tract from any permit or may reasonably impose conditions in
				  connection with dredging operations in any particular state tract including
				  limiting dredging activities to only a part of a tract, requiring the permittee
				  to stake off, flag, or otherwise mark the edge of prohibited exposed reef, or
				  imposing restriction on the manner and means of conducting dredging activities
				  in order to effectuate the intent of Chapter 86 of the Parks and Wildlife
				  Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.206 - Violations

Current through Reg. 49, No. 28; July 12, 2024
Failure of a permittee to comply with the rules, orders, or
					 permits of the department will be a violation and subject permittee to the
					 administrative actions or penalties stated in §
										69.207
					 of this title (relating to Administrative Action and
					 Penalties).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.207 - Administrative Action and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  civil statutes relating to shell dredging authorize the revocation of the
				  permit when the provisions of the permit are not followed. In addition to the
				  maximum penalty of revoking the permit, the director will seek the following
				  administrative action and penalties when a violation occurs or when siltation
				  of a reef is probable.
(b) Major
				  violations, except as otherwise provided in subsection (c) of this section are
				  as follows:
(1) First violation will result
				  in a one-day suspension of permit.
(2) Second violation will result in a
				  five-day suspension of permit.
(3)
				  Third violation will result in a ten-day suspension of permit.
(4) Four major violations within a one-year
				  period will result in a suspension of the permit for 90 days.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.208 - Renewal of Permits

Current through Reg. 49, No. 28; July 12, 2024
No permit will be granted for a period longer than two
					 years. It is the responsibility of the permittee to file for renewal at least
					 60 days prior to the termination date of the permit. Each permittee will be
					 required to demonstrate compliance with all provisions of these rules prior to
					 the renewal of a permit. No permit will be renewed unless the permittee has
					 engaged in shall dredging operations in this state during the preceding
					 two-year permit period.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.209 - Existing Permits

Current through Reg. 49, No. 28; July 12, 2024
These rules shall become a part of each shell permit issued
					 by the department and of any renewal thereof.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter J - SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS › Section 69.301 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Educational
				  purposes--Activities conducted for the purposes of encouraging management and
				  conservation of protected wildlife or furthering awareness and understanding
				  among the general public of the biology of protected wildlife.
(2) Protected wildlife--As defined by Parks
				  and Wildlife Code, §
										43.021, and
				  includes any parts of protected wildlife held under a permit issued under this
				  subchapter.
(3) Raptor--A bird of
				  the order Falconiformes, Accipitriformes, Cathartiformes, or
				  Strigiformes.
(4) Scientific
				  purposes--Activities conducted for the purposes of enhancing, protecting,
				  conserving or managing protected wildlife, or furthering scientific
				  understanding of a resource or the environment.
(5) Subpermittee--A person named on a permit
				  who is authorized to conduct the activities of a permit as provided in §
										69.302
				  of this title (relating to General Rules).
(6) Supervision--A permittee's direction and
				  control of the activities of persons working under a permit, including legal
				  responsibility for those activities.
(7) Zoological purposes--Activities conducted
				  for the purposes of furthering scientific understanding of protected wildlife,
				  encouraging management and conservation of protected wildlife, or furthering
				  awareness and understanding of the biology of protected wildlife.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter J - SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS › Section 69.302 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) No permit is
				  required for an activity governed by this subchapter involving nongame species
				  for which there are no provisions by rule or statute that would otherwise
				  restrict take or possession.
(b)
				  Permits issued under this subchapter shall be issued to named individuals only,
				  and shall not be held in the name of an agency, firm, or institution.
(c) The propagation of protected wildlife for
				  educational display shall not be authorized and no permit for such activity may
				  be issued.
(d) No person may employ
				  or use any devices, means, methods, activities, locations, or personnel other
				  than those authorized by a permit unless that person has received prior written
				  authorization from the department in the form of a permit amendment. A
				  permittee or subpermittee must possess on their person any such authorizations
				  in addition to a copy of the original permit while conducting any activity
				  governed by this subchapter.
(e)
				  Except as otherwise provided for in this section, activities authorized by a
				  permit issued under this subchapter shall be conducted only by the permittee(s)
				  or subpermittee(s) named on the permit or permit amendment. Unpermitted
				  assistants may perform activities authorized by a permit only when under the
				  direct on-site supervision of the permittee. A permittee engaging unpermitted
				  assistants shall maintain on file and possess on their person in the field a
				  signed and dated list of all unpermitted persons assisting in permitted
				  activities.
(f) Any subpermittee
				  who desires to make unsupervised collections shall carry the written permission
				  of the permittee on their person while conducting any activities authorized by
				  a permit.
(g) A permit issued under
				  this subchapter shall not authorize the sale of protected wildlife.
(h) Permits issued under this subchapter are
				  valid for three years from the date of issuance, provided the permittee abides
				  by the provisions of this subchapter.
(i) The provisions of this subchapter do not
				  apply to mountain lions after September 1, 1997.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter J - SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS › Section 69.303 - Application for Permit and permit issuance

Current through Reg. 49, No. 28; July 12, 2024
No permits for activities governed under this subchapter
					 may be issued to any person unless the person has met the requirements of this
					 section. An applicant for a permit under this subchapter shall submit to the
					 department:
(1) a completed application
				  on a form supplied by the department;
(2) a letter of recommendation from each of
				  two persons in an appropriate biological or professional field attesting to the
				  applicant's qualifications, abilities, and experience;
(3) a letter of approval, if the research
				  involves live protected wildlife, from a university animal use committee or
				  similar oversight entity. In the event that the applicant is an independent
				  researcher, the applicant shall enter into a Memorandum of Understanding with
				  the department concerning the use of live protected wildlife; and
(4) a written justification explaining how
				  the species of protected wildlife will benefit from the activity. The
				  department may at its discretion choose to deny permit issuance when it
				  disagrees with the justification.