reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.601 - 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. All other words and terms shall have the meanings assigned
					 by Parks and Wildlife Code.
(1)
				  Authorized agent--An individual designated by the permittee to conduct
				  activities on behalf of the permittee. For the purposes of this subchapter, the
				  terms 'deer breeder' and 'permittee' include authorized agents.
(2) Facility--
(A) Until May 15, 2021, one or more
				  enclosures, in the aggregate and including additions, that are the site of deer
				  breeding operations under a single deer breeder's permit.
(B) On and after May 15, 2021, one or more
				  contiguous enclosures, in the aggregate and including additions, that are the
				  site of deer breeding operations under a single deer breeder's
				  permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.602 - Permit Requirement and Permit Privileges; General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in this chapter, no
				  person may possess a live deer in this state unless that person possesses:
(1) a valid permit issued by the department
				  under the provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E,
				  L, or R; or
(2) specific written
				  authorization under the provisions of this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.603 - Application and Permit Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for an initial deer breeder's permit shall submit the following to
				  the department:
(1) a completed application
				  on a form supplied by the department;
(2) a letter of endorsement by a person
				  authorized by the department to conduct facility inspections stating that the
				  person has personally conducted an on-siteinspection at the facility identified
				  in the application and affirming that the facility identified in the
				  application:
(A) is constructed as depicted
				  on the diagram submitted with the application;
(B) contains infrastructure appropriate for
				  the humane treatment of deer, including for the provision of adequate food, a
				  continuous supply of water, and ample cover or shelter;
(C) is adequate for the lawful conduct of
				  activities governed by this subchapter;
(D) has been secured in such a fashion to
				  prevent ingress to and egress from the facility by any deer, livestock, exotic
				  livestock, or similar animals; and
(E) no deer, livestock, exotic livestock, or
				  similar animals are present or confined within the facility;
(3) a diagram of the physical
				  layout of the facilitythat clearly defines each distinct enclosure within the
				  facility boundaries and all gates and fences;
(4) the application processing fee specified
				  in Chapter 53, Subchapter A, of this title (relating to Fees); and
(5) any additional information that the
				  department determines is necessary to process the application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.604 - Disease Monitoring

Current through Reg. 49, No. 28; July 12, 2024
The provisions of Subchapter B, Division 2, of this
					 chapter apply to the possession and movement of deer pursuant to a permit
					 issued under this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.605 - Holding Facility Standards and Care of Deer

Current through Reg. 49, No. 28; July 12, 2024
(a) The entire perimeter fence of a facility
				  containing breeder deer, including medical facilities, shall be no less than
				  seven feet in height, and shall be constructed of department-approved net mesh,
				  chain link or welded wire that will retain breeder deer. An indoor facility is
				  acceptable if it meets the standards described in this section and provides
				  permanent access to an outdoor environment that is sufficient for keeping the
				  breeder deer in captivity.
(b) A
				  permittee shall ensure that deer have access to adequate food, a continuous
				  supply of water, and ample cover or shelter.
(c) Immediately upon discovering the escape
				  of breeder deer from a facility, a permittee shall notify the department. The
				  notification shall include a detailed description of the permittee's intended
				  actions to recapture the escaped deer, including the methods that will be
				  employed to recapture the deer and the dates and times that recapture will be
				  attempted. The permit holder shall notify the department daily of the efforts
				  to capture the escaped deer until the escaped deer are captured. If after ten
				  days the permittee is unable to capture escaped breeder deer that have been
				  reported in accordance with this subsection, the deer may not be recaptured or
				  held in a deer breeding facility unless specifically authorized in writing by
				  the department for purposes of disease management.
(d) If a permit holder is unable to recapture
				  escaped breeder deer reported as provided under subsection (c) of this section
				  and the breeding facility is designated as NMQ at the time of or subsequent to
				  the time of escape under the provisions of Subchapter B, Division 2, of this
				  chapter, the property on which the deer breeding facility is located and any
				  tract of land contiguous to the property under common ownership shall be
				  subject to a department disease-testing plan requiring mandatory CWD testing
				  and reporting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.608 - Annual Reports and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Each deer
				  breeder shall file a completed annual report by not later than May 15 of each
				  year.
(b) A person other than a
				  deer breeder holding breeder deer for breeding or health care purposes shall
				  maintain and, upon request, provide copies of transfer permits indicating the
				  source of all breeder deer in the possession of that person.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.610 - Transfer of Deer

Current through Reg. 49, No. 28; July 12, 2024
(a) General. No
				  person may possess breeder deer in a trailer or vehicle, or remove or allow
				  removal of breeder deer from a trailer, or accept, introduce, or allow
				  introduction of breeder deer into a permitted facility, unless a valid transfer
				  permit has been activated as provided in this section.
(b) Transfer by deer breeder. In accordance
				  with the provisions of Subchapter B, Division 2, of this chapter (concerning
				  Chronic Wasting Disease - Movement of Deer), the holder of a valid deer
				  breeder's permit may transfer legally possessed breeder deer to:
(1) a facility registered with the department
				  for purposes of veterinary treatment; or
(2) an educational display or zoological
				  facility permitted by the department. A transfer under this paragraph is final;
				  breeder deer transferred to a permitted educational display or zoological
				  facility may not be returned to any breeder facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.611 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
(a) Deer obtained
				  from the wild under the authority of a permit or letter of authority issued
				  pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, or R shall
				  not be commingled with deer held in a permitted deer breeding
				  facility.
(b) A person commits an
				  offense if that person places or holds breeder deer in captivity at any place
				  or in any facility for which the herd inventory on file with the department
				  does not account for those breeder deer, except for fawn breeder deer that are
				  not yet required to be reported to the department.
(c) No breeder deer shall be held in a
				  trailer or other vehicle of any type except for the purpose of immediate
				  transportation from one location to another.
(d) No person may hold more than one cervid
				  species at any time in a deer breeding facility except as provided by §
										65.602(e) of this
				  title (relating to Application and Permit Issuance), or cause or allow the
				  interbreeding by any means of white-tailed deer and mule deer.
(e) Possession of a deer breeder's permit is
				  not a defense to prosecution under any statute prohibiting abuse of
				  animals.
(f) No deer breeder shall
				  exceed the number of breeder deer allowable for the permitted facility, as
				  specified by the department on the deer breeder's permit.
(g) This subsection does not apply to breeder
				  deer lawfully obtained prior to June 21, 2005. Except as provided in this
				  subsection, no person may:
(1) possess a deer
				  acquired from an out-of-state source; or
(2) import or attempt to import deer from an
				  out-of-state source.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.612 - Disposition of Deer

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  termination, suspension, or revocation of a deer breeder's permit, the
				  permittee shall dispose of all breeder deer covered by the permit.
(b) Breeder deer may be disposed of by:
(1) transfer to another deer
				  breeder;
(2) transfer to a holder
				  of a zoological permit issued by the department;
(3) transfer to the holder of an educational
				  display permit issued by the department; or
(4) transfer to registered release sites as
				  specifically authorized by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter T - DEER BREEDER PERMITS › Section 65.613 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person who violates the provisions of this subchapter, a
					 condition of a permit issued under the provisions of this subchapter or
					 violates any provision of Parks and Wildlife Code, Chapter 43, Subchapter L,
					 commits an offense punishable by the penalty prescribed by Parks and Wildlife
					 Code, §
										43.367.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter U - AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT › Section 65.701 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter apply only to permits
					 issued pursuant to Subchapters C, D, and T of this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter U - AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT › Section 65.702 - Authority to Refuse to Issue or Renew Permit

Current through Reg. 49, No. 28; July 12, 2024
The department may refuse permit issuance or renewal to
					 any person as provided by Parks and Wildlife Code, Chapter 12, Subchapter
					 G.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter U - AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT › Section 65.703 - Proscription of Certain Agents and Surrogates

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may prohibit any person
				  from acting as an agent of any permittee if the person has a final conviction
				  or has been assessed an administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43,
				  Subchapter C, E, L, R, or R-1;
(2)
				  a provision of the Parks and Wildlife Code that is not described by paragraph
				  (1) of this subsection that is punishable as a Parks and Wildlife Code:
(A) Class A or B misdemeanor;
(B) state jail felony; or
(C) felony;
(3) Parks and Wildlife Code, §
											63.002;
				  or
(4) the Lacey Act
				  (16
				  U.S.C. §§3371 -
				  3378).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter U - AUTHORITY TO REFUSE TO ISSUE OR RENEW PERMIT › Section 65.704 - Review of Department Decision to Refuse Permit Issuance or Renewal

Current through Reg. 49, No. 28; July 12, 2024
An applicant for a permit or permit renewal may request a
					 review of a decision of the department to refuse issuance of a permit or permit
					 renewal (as applicable).
(1) An
				  applicant seeking review of a decision of the department with respect to permit
				  issuance must request the review within 10 working days of being notified by
				  the department that the application for a permit or permit renewal has been
				  denied.
(2) Within 10 working days
				  of receiving a request for review under this section, the department shall
				  establish a date and time for the review.
(3) The department shall conduct the review
				  within 30 of receipt of the request required by paragraph (2) of this section,
				  unless another date is established in writing by mutual agreement between the
				  department and the requestor.
(4)
				  The request for review shall be presented to a review panel. The review panel
				  shall consist of three department managers with expertise in deer management,
				  appointed or approved by the executive director, or designee.
(5) The decision of the review panel is
				  final.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter V - WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING LEASE LICENSE › Section 65.801 - 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, except where the context clearly
					 indicates otherwise.
(1) Boundary--A
				  road, transmission line, natural feature, landmark, or any combination thereof,
				  that serves to delineate the dimensions of a wildlife management association
				  area.
(2) Proximate--Within
				  one-half mile of a wildlife management association area boundary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter W - SPECIAL PERMITS › Section 65.905 - Interstate Transport of Deer through Texas

Current through Reg. 49, No. 28; July 12, 2024
Only to the extent that department rules regarding the
					 importation and/or transport through the state of white-tailed and mule deer
					 not possessed under a permit issued by the department are preempted under the
					 provisions of
					 9
					 CFR §81.5, this section shall
					 apply.
(1) A person without a permit
				  issued by the department may transit the state while in possession of live deer
				  lawfully obtained in another state, provided:
(A) the person physically possesses a valid
				  certificate of veterinary inspection attesting to the fact that the deer in
				  possession meet the herd certification requirements of the United States
				  Department of Agriculture for interstate transportation of captive
				  cervids;
(B) the deer are confined
				  at all times;
(C) the deer are not
				  released;
(D) the deer are not
				  commingled with any other susceptible species, as defined in 4 TAC §
											40.3(a)(3)
				  (relating to Herd Status Plans for Cervidae) while in the state of
				  Texas;
(E) the doors and/or
				  tailgate of any trailer or vehicle used to confine the deer during transport
				  have been secured with a numbered or otherwise uniquely identified,
				  tamper-resistant, mechanical security seal prior to entering the state of
				  Texas, which seal(s) shall not be removed while the vehicle or trailer is in
				  the state of Texas; and
(F) the
				  person or the person's representative has contacted the department by notifying
				  the Law Enforcement Communications Center in Austin not less than 24 nor more
				  than 36 hours in advance of entering the state while in possession of deer and
				  provided to the department:
(i) the dates and
				  times that the person expects to enter and depart the state of Texas while in
				  possession of deer without a permit issued by the department;
(ii) the specific points of origin and
				  destination of each deer being transported;
(iii) the species and quantity of deer being
				  transported;
(iv) the specific
				  route the transport will follow, including the points at which the transporter
				  will enter and depart the state of Texas;
(v) a description of the make, model, and
				  color of all vehicles and trailers to be employed in the transport, including
				  license plate numbers;
(vi) the
				  unique identifier of the security seal(s) used on each vehicle and/or trailer
				  used to confine deer; and
(vii) the
				  name, drivers license number, and cell phone numbers of any person accompanying
				  the deer while the deer are in the state of Texas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.1 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in Parks and Wildlife Code, §
										88.009, no person
					 may:
(1) take, possess, transport, or
				  sell an endangered, threatened, or protected native plant from the public lands
				  of this state unless that person possesses a valid scientific plant permit
				  authorizing such activity.
(2)
				  take, possess, transport, or sell an endangered, threatened, or protected
				  native plant for commercial purposes from private lands unless that person
				  possesses a valid commercial plant permit authorizing such activity.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.2 - Scientific Plant Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Only the
				  individuals named on a scientific plant permit are authorized to conduct the
				  activities authorized by a permit issued under this chapter.
(b) Qualifications. A scientific plant permit
				  shall be issued only to a person who provides evidence to the department's
				  satisfaction that:
(1) there exists a
				  legitimate scientific need to conduct research and that the information
				  obtained will benefit the department in the management of the target
				  species;
(2) the research would not
				  substantially or unnecessarily duplicate existing research conducted under
				  other permits issued under this subchapter;
(3) the applicant possesses or has access to
				  facilities to properly care for the permitted plants;
(4) the applicant possesses a degree or
				  certification in a botanical or horticultural discipline or possesses letters
				  of recommendation from two acknowledged authorities in a botanical or
				  horticultural discipline; and
(5)
				  the proposed research follows generally accepted principles of experimental
				  design.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.3 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
By the date specified on the permit, a permittee shall
					 complete and submit an annual report on a form provided by the department. A
					 copy of any final report and/or publication relating to the permitted
					 activities shall also be submitted to the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.4 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
The department may require information in addition to that
					 required by paragraphs (1)-(4) of this section. Scientific plant permits may be
					 renewed, provided:
(1) the permittee
				  has submitted the annual report by the date specified on the permit;
(2) the permittee has complied with all
				  permit provisions; and
(3) the
				  permittee has demonstrated reasonable progress toward the completion of
				  research activities authorized by the permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.5 - Commercial Plant Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A commercial
				  plant permit is required to take, possess, and/or transport protected,
				  threatened, and endangered native plants from private lands for commercial
				  purposes. No permit is required to take, possess, and/or transport protected,
				  threatened and endangered native plants from private lands for non-commercial
				  purposes.
(b) A person applying for
				  a commercial plant permit shall submit an application on a form provided by the
				  department.
(c) By the date
				  specified on the permit, a holder of a commercial plant permit shall complete
				  and submit a report on a form provided by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.6 - Refusal of Issuance or Renewal of Permit; Review of Agency Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may refuse permit issuance
				  or renewal to any person who has been finally convicted of, pleaded
nolo contendere
to, received deferred adjudication, or
				  assessed an administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43,
				  Subchapters C, E, L, or R;
(2)
				  Parks and Wildlife Code, Chapter 67;
(3) a provision of the Parks and Wildlife
				  Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor,
				  a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code
				  felony;
(4) Parks and Wildlife
				  Code, §
											63.002;
				  or
(5) the Lacey Act ( 16 U.S.C.
				  §§ 3371-3378 ).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.7 - Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
All permits issued under this subchapter expire one year
					 from the date of issuance unless suspended or revoked by the executive
					 director.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.8 - Endangered and Threatened Plants

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following plants are endangered:
Attached Graphic
(b) The following plants are
				  threatened:
Attached Graphic
(c) Scientific
				  reclassification or change in nomenclature of taxa at any level in the
				  taxonomic hierarchy will not, in and of itself, affect the status of a species
				  as endangered, threatened or protected.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter A - ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS › Section 69.9 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for a violation of any provision of this
					 subchapter are prescribed in Texas Parks and Wildlife Code, §
										88.011.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.19 - Restitution and Restoration

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the authority contained in Parks and Wildlife
					 Code, §§
										12.301
					 -
					 12.307
					 and Water Code, §
										7.109(b)
					 and (c), the department shall actively seek
					 full restitution for and/or restoration of fish, wildlife and habitat loss
					 occurring as a result of human activities. Appropriate restitution and
					 restoration measures include but are not limited to direct replacement of fish,
					 wildlife and/or habitat destroyed or payments equal to the monetary value of
					 fish, wildlife and their habitat.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.20 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules under this subchapter establish
				  guidelines for measuring the monetary value of each individual of any species
				  of aquatic life or wildlife:
(1) unlawfully
				  killed, caught, taken, possessed or injured in violation of the Parks and
				  Wildlife Code or in violation of any regulation adopted under authority of the
				  Parks and Wildlife Code; or
(2)
				  where a violation of the Texas Water Code is determined to be a proximate cause
				  of injury to species normally taken for commercial or recreational purposes, or
				  any species on which aquatic life or wildlife is directly dependent for
				  food.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.21 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Basic value--The cost
				  required to grow a fish to a particular size.
(2) Commercial species--These species of
				  fish, shellfish, and wildlife normally taken for sale rather than for
				  recreational purposes.
(3)
				  Department--The Texas Parks and Wildlife Department.
(4) Endangered species--Species of fish and
				  wildlife indigenous to Texas and listed on the United States List of Endangered
				  Native Fish and Wildlife or on the list of fish or wildlife threatened with
				  statewide extinction as filed by the director with the secretary of
				  state.
(5) Forage species--Those
				  species upon which other aquatic life or wildlife directly depend for
				  food.
(6) Minimum hookable total
				  length--The minimum total length of a fish that is normally caught and released
				  or caught and landed for recreation. The minimum hookable total length is six
				  inches for all species except sunfish which shall have a minimum hookable total
				  length of five inches.
(7) Recovery
				  value--The total value of an individual of a particular size and species. The
				  recovery value is the value of a species at the time it was illegally killed,
				  caught, taken, possessed, or injured.
(8) Threatened species--All species listed at
				  §
										65.175 of this
				  title (relating to Threatened Species).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.22 - Wildlife - Recovery Values

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each species of bird, reptile, amphibian, or animal shall be assigned a score
				  of 0-3 for each of eight scoring criteria. The sum of the scores for the eight
				  criteria (subsection (b) of this section) shall be multiplied by a weighting
				  factor (subsection (c) of this section), and the resulting adjusted criteria
				  score is compared to the monetary scale (subsection (d) of this section) to
				  obtain a monetary value.
(b) For
				  scoring criteria listed in paragraphs (1)-(8) of this subsection, a species
				  which is not sought at all shall be scored as 0, while a highly sought species
				  shall be scored 3.
(1) Recreation. The extent
				  to which a species is actively sought by users with wildlife interests. Scoring
				  considers both harvest and nonharvest use of a species.
(2) Aesthetic. The social value of wildlife
				  species. These values represent wildlife species' beauty or unique natural
				  history. Aesthetic values for these species exist whether or not a person ever
				  would encounter one in its natural habitat.
(3) Educational. The educational value of a
				  species arising from, for example, published materials and other audio-visual
				  media about the species, displays in zoos, or the relative frequency with which
				  the species is used to exemplify important curricula principles.
(4) Scarcity. The relative population of a
				  species within the range of its habitat, from abundant to scarce.
(5) Environmental Tolerance. The ability of a
				  species to tolerate normal changes in climate, topography, water regimes or
				  other ecological factors which may limit range and population.
(6) Economics. The direct or indirect
				  economic benefit attributable to the species as a result of recreational or
				  legal transactions.
(7)
				  Recruitment. Reproductive and survival potential of a species as it relates to
				  the capability for replacement of its population following decrease or
				  loss.
(8) Ecological role. A
				  species' relationships with other life forms--and the species contribution to a
				  healthful and stable balance of nature. Widely-consumed forage species score
				  high, as do predators which control prey species populations. Forage species
				  that are not widely consumed score low, as do predators which contribute little
				  to regulation of prey populations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.23 - Endangered and Threatened Species

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  recovery value for each individual of an endangered species equals $1,000 plus
				  the value derived in §
										69.22 of
				  this title (relating to Wildlife--Recovery Values) for wildlife species and
				  §
										69.25
				  of this title (relating to Aquatic Life--Recovery Values) for aquatic
				  life.
(b) The recovery value for
				  each individual of a threatened species equals $500 plus the value derived in
				  §
										69.22 of
				  this title for wildlife species and §
										69.25
				  of this title for aquatic life.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.24 - Basic Value

Current through Reg. 49, No. 28; July 12, 2024
(a) Basic value
				  shall be obtained from the most recent edition of the American Fisheries
				  Society's special publication describing investigation and valuation of fish
				  kills, except:
(1) the basic value for
				  freshwater fish which do not have a basic value published in the most recent
				  edition of the American Fisheries Society's special publication shall be the
				  basic value of a taxonomically or ecologically related species for which a
				  basic value is available.
(2) the
				  basic value for saltwater fish not listed in the American Fisheries Society's
				  special publication shall be the basic value of a taxonomically or ecologically
				  related species for which a basic value is available.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.25 - Aquatic Life - Recovery Value

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  recovery value for an individual fish of a species which does not have
				  recreational value shall be equal to its basic value.
(b) The recovery value of an individual fish
				  shall be determined by adding the fish's basic and recreational value for
				  species which the Commission has designated as having recreational value for
				  the purpose of civil restitution.
(c) Recreational value for an individual fish
				  is calculated by dividing the average value of an hour of fishing by the
				  difference in total length between the state record fish and minimum hookable
				  total length for that species and then multiplying that quotient by the total
				  length in inches of the individual fish being valued, minus the minimum
				  hookable total length for that species. This product is then adjusted for
				  inflation by multiplying it by the quotient of the Consumer Price Index in the
				  fiscal year the fish were killed, divided by the Consumer Price Index in the
				  fiscal year the data were collected to determine the average value of an hour
				  of fishing.
(d) Recreational value
				  of fish for which substantial and adequate catch per unit effort data are
				  available will be calculated by multiplying the recreational value derived
				  using subsection (c) of this section by the reciprocal of the Catch Per Unit
				  Effort for that species in Texas.
(e) When legal means and methods were used to
				  catch the fish, but the number of individuals taken exceeds legal daily bag,
				  catch, or possession limits, recovery values will be applied to the number of
				  fish in excess of the legal limit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.26 - Commercial Species - Recovery Value

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Recovery of value for commercial species is based on the following:
(1) ex-vessel or dockside price (by weight or
				  individual as normally determined);
(2) for alligators, current per-foot market
				  value; and
(3) for alligator eggs,
				  a number derived by multiplying the current market alligator egg price in Texas
				  by the number of alligator eggs unlawfully taken or possessed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.27 - Updating Existing Recovery Values

Current through Reg. 49, No. 28; July 12, 2024
All recovery values obtained by the application of rules
					 under this subchapter shall be evaluated by the department on August 31 of each
					 year and updated as necessary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.28 - Savings Clause

Current through Reg. 49, No. 28; July 12, 2024
If any word, phrase, sentence, paragraph, section,
					 subsection, or any other part of this subchapter is invalidated or held
					 inapplicable for any reason, the balance of this subchapter shall not be
					 affected thereby, but shall remain in full force and effect to the greatest
					 extent permitted by law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter B - FISH AND WILDLIFE VALUES › Section 69.29 - Computed Values for Selected Species

Current through Reg. 49, No. 28; July 12, 2024
The Tables for Computed Values for Selected Species and the
					 list of those fish species designated as having recreational value are
					 incorporated by reference. These may be obtained by contacting Law Enforcement
					 Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
					 Texas 78744.
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 69.43 - 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)
				  Education--Activities that encourage management and conservation of wildlife
				  resources or that are intended to increase the public's awareness and
				  understanding of aspects of wildlife biology.
(2) Final disposition--The terminal status of
				  wildlife rehabilitation efforts due to transfer, retention, mortality, or
				  euthanasia.
(3) Fostering--Using a
				  captive animal to rear young animals of the same species.
(4) Holding--Retaining in
				  captivity.
(5) Human imprinting or
				  human bonding--A dependency or fixation upon humans as parent substitutes or
				  companions.
(6) Non-releasable
				  animal--An animal which, after rehabilitation, is determined by the department
				  to be unlikely to survive in the wild if released.
(7) Propagate--To allow animals to produce
				  offspring.
(8) Rehabilitation--The
				  temporary caring for injured, orphaned, or sick wildlife until such animals can
				  be released to the wild.
(9)
				  Satellite rehabilitation facility (satellite facility)--A facility registered
				  with the department and operated by a subpermittee under the supervision of a
				  permittee.
(10) Socialize--Using a
				  captive animal to teach wild behaviors to juvenile animals of the same
				  species.
(11) Subpermittee--A
				  person authorized by a permittee to conduct activities governed by this
				  subchapter.
(12) "Wildlife
				  Protected" wildlife--as defined by Parks and Wildlife Code, Chapter 43,
				  Subchapter C.
(13) Supervisory
				  permittee--A permittee who is responsible for the activities of subpermittees
				  listed on the permittee's permit and volunteers at the permittee's or
				  subpermittee's facility or satellite facility, as applicable.
(14) Volunteer--An individual who is not a
				  permittee or subpermittee and works with permitted wildlife in the presence of
				  the permittee or subpermittee.
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 69.44 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Activities
				  authorized by a permit issued under this subchapter shall be conducted only by
				  the permittee and/or subpermittees named on the permit or volunteers in
				  compliance with the requirements of this subchapter.
(b) Except as provided in subsection (c) of
				  this section, activities authorized by a permit issued under this subchapter
				  shall be conducted only at a rehabilitation facility or satellite facility
				  registered with the department via an electronic application designated by the
				  department for that purpose.
(c) A
				  permittee or subpermittee may possess sick or injured wildlife while not at a
				  registered facility or satellite facility only for the amount of time necessary
				  to stabilize and transport the wildlife to a registered facility or satellite
				  facility.
(d) A volunteer may
				  engage in permitted activities if:
(1) the
				  volunteer is identified on the daily volunteer log as required under §
											69.52 of this
				  title (relating to Reports and Recordkeeping); and
(2) the supervisory permittee or a
				  subpermittee is present. At any time that the supervisory permittee or a
				  subpermittee is not present, volunteer activity must be limited to feeding,
				  watering, cleaning of cages and enclosures, and other custodial activities that
				  involve only incidental contact with wildlife.
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 69.45 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as may be
				  otherwise provided by this subchapter, no person may possess wildlife for
				  purposes of rehabilitation unless the person possesses a valid permit issued
				  under the provisions of this subchapter.
(b) Except as otherwise provided under
				  Chapter 65, Subchapter B, of this title (relating to Disease Detection and
				  Response), licensed veterinarians may hold, possess, and transport wildlife to
				  provide emergency medical care or stabilization care until they are stabilized
				  and able to be transferred, at which time the wildlife must be transferred to a
				  permitted rehabilitator.
(c) A
				  person may possess protected wildlife for rehabilitation purposes at a
				  satellite facility, provided:
(1) the person
				  is listed as a subpermittee on the valid permit of a supervisory permittee and
				  possesses a copy of the valid permit at the satellite facility;
(A) the supervisory permittee has registered
				  the facility with the department;
(B) the facility is in compliance with the
				  facility standards set forth in §
												69.49
				  of this title (relating to General Facilities Standards) and any additional
				  standards or requirements set forth in the permit provisions of the supervisory
				  permittee; and
(C) the subpermittee
				  engages only in the rehabilitation activities authorized by the department to
				  be undertaken at the satellite facility, including but not limited to
				  restrictions on numbers and kinds of animals, life stages, and any other
				  restrictions deemed necessary by the department.
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 69.46 - Application for Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for
				  a permit under this subchapter must be at least 18 years of age.
(b) Applications shall be made on forms
				  supplied or approved by the department. Incomplete applications will not be
				  processed.
(c) Applications must be
				  accompanied by:
(1) a copy of the certificate
				  of completion, within the preceding three years, of a training course offered
				  by the International Wildlife Rehabilitation Coalition, the National Wildlife
				  Rehabilitator's Association, or other organization or entity approved by the
				  department;
(2) a letter of
				  recommendation from a licensed veterinarian and/or permitted wildlife
				  rehabilitator with at least three years' experience as a permitted wildlife
				  rehabilitator who has known the applicant for at least two years; and
(3) a test score of 100 on a
				  department-administered wildlife rehabilitation examination.
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 69.47 - Refusal of Permit Issuance or Renewal; Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may refuse permit issuance
				  or renewal to any person who has been finally convicted of, pleaded nolo
				  contendere to, or received deferred adjudication or been assessed an
				  administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter
				  43;
(2) a provision of the Parks
				  and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code
				  misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and
				  Wildlife Code felony; or
(3) the
				  Lacey Act ( 16 U.S.C. §§ 3371-3378 ).
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 69.48 - Permit Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal
				  applications shall be made on a form provided by the department and shall be
				  submitted with the annual report required by §
										69.52 of this
				  title (relating to Reports) by no later than January 15 of each year.
(b) Renewal applications shall not be
				  processed until the department has received all reports required by §
										69.52 of this
				  title (relating to Reports and Recordkeeping) accompanied by evidence of at
				  least one of the following:
(1) completion of
				  a training course offered by the International Wildlife Rehabilitation
				  Coalition or the National Wildlife Rehabilitator's Association within the
				  preceding three years;
(2) a
				  current Wildlife Rehabilitator Certification provided by International Wildlife
				  Rehabilitation Coalition; or
(3)
				  attendance at a national wildlife rehabilitators conference within the
				  preceding three years.
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 69.49 - General Facilities Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  facilities shall be subject to inspections by the department. A first-time
				  applicant's facilities shall be inspected by the department and no permit shall
				  be issued until the facilities are determined to satisfy all of the applicable
				  facilities standards of this subchapter.
(1)
				  The department may specify individual caging requirements on a case-by-case
				  basis.
(2) Clean water shall be
				  available at all times except where medical circumstances require the temporary
				  denial of water.
(3) Feces and
				  waste materials shall be removed on a daily basis except for species which
				  normally re-ingest fecal material.
(4) Cages shall be cleaned and disinfected
				  using non-irritating methods.
(5) A
				  person authorized by permit shall observe and provide care for wildlife at
				  least once daily unless otherwise specified by the permit.