CHAPTER 68. ENDANGERED SPECIES
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 68. ENDANGERED SPECIES
Sec. 68.001. DEFINITIONS. In this chapter:
(1) "Fish or wildlife" means any wild mammal, aquatic animal,
wild bird, amphibian, reptile, mollusk, or crustacean, or any
part, product, egg, or offspring, of any of these, dead or alive.
(2) "Management" means:
(A) the collection and application of biological information for
the purpose of increasing the number of individuals within
species or populations of fish or wildlife up to the optimum
carrying capacity of their habitat and maintaining these numbers;
(B) the entire range of activities constituting a full
scientific research program, including census studies, law
enforcement, habitat acquisition and improvement, and education;
and
(C) when and where appropriate, the protection of and regulation
of the taking of fish and wildlife species and populations.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.002. ENDANGERED SPECIES. Species of fish or wildlife
indigenous to Texas are endangered if listed on:
(1) the United States List of Endangered Native Fish and
Wildlife; or
(2) the list of fish or wildlife threatened with statewide
extinction as filed by the director of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 66,
eff. Sept. 1, 1985.
Sec. 68.003. STATEWIDE EXTINCTION LIST. (a) The director shall
file with the secretary of state a list of fish or wildlife
threatened with statewide extinction.
(b) Fish or wildlife may be classified by the director as
threatened with statewide extinction if the department finds that
the continued existence of the fish or wildlife is endangered due
to:
(1) the destruction, drastic modification, or severe curtailment
of its habitat;
(2) its overutilization for commercial or sporting purposes;
(3) disease or predation; or
(4) other natural or man-made factors.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.004. AMENDMENTS TO LIST BY DIRECTOR. (a) If the list
of endangered native species issued by the United States is
modified, the director shall file an order with the secretary of
state accepting the modification. The order is effective
immediately.
(b) The director may amend the list of species threatened with
statewide extinction by filing an order with the secretary of
state. The order is effective on filing.
(c) The director shall give notice of the intention to file a
modification order under Subsection (b) of this section at least
60 days before the order is filed. The notice must contain the
contents of the proposed order.
(d) If a reclassification petition is filed during the 60-day
notice period required by Subsection (c) of this section, the
order may not be filed until the conclusion of the proceeding on
reclassification.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 67,
eff. Sept. 1, 1985.
Sec. 68.005. PETITION OF RECLASSIFICATION. (a) Three or more
persons may petition the department to add or delete species of
fish or wildlife from the statewide extinction list.
(b) The petition must present substantial evidence for the
addition or deletion.
(c) If fewer than 50 people join in the petition, the department
may refuse to review the classification list, but if 50 or more
persons join in the petition, the department shall conduct a
hearing to review the classification list. The hearing shall be
open to the public, and notice of the hearing shall be given in
at least three major newspapers of general circulation in the
state at least one week before the date of the hearing.
(d) Based on the findings at the hearing, the department may
file an order with the secretary of state altering the list of
fish or wildlife threatened with statewide extinction. The order
takes effect on filing.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.006. PERMIT FOR TAKING ENDANGERED SPECIES. The
provisions of Subchapter C, Chapter 43, of this code are
applicable to all fish or wildlife classified as endangered, and
it is a violation of this chapter to possess, take, or transport
endangered fish or wildlife for zoological gardens or scientific
purposes or to take or transport endangered fish or wildlife from
their natural habitat for propagation for commercial purposes
without the permit required by Section 43.022 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 607, Sec. 2, eff.
Sept. 1, 1987.
Sec. 68.007. PROPAGATION PERMIT REQUIRED. No person may possess
endangered fish or wildlife for the purpose of propagating them
for sale unless he has first acquired a commercial propagation
permit issued by the department under this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.008. ORIGINAL PROPAGATION PERMIT. (a) A person may
apply for an original propagation permit by submitting an
application containing information or statements as required by
the department and by submitting an original propagation permit
fee of $300 or an amount set by the commission, whichever amount
is more.
(b) The department shall issue the permit if it determines that
the applicant has complied with Subsection (a) of this section,
that the initial breeding stock was acquired under a permit
issued under Section 43.022 of this code or was otherwise legally
acquired, and that the applicant has not violated the laws of the
United States, this state, or another state with respect to the
acquisition of breeding stock.
(c) An original propagation permit must contain a description of
endangered fish and wildlife authorized to be possessed under the
permit.
(d) An original propagation permit is valid for one year from
the date of its issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 62,
eff. Sept. 1, 1985.
Sec. 68.009. RENEWAL PROPAGATION PERMIT. (a) A person holding
an original propagation permit or a renewal propagation permit is
entitled to receive from the department a renewal propagation
permit on application to the department and on the payment of a
renewal propagation permit fee of $550 or an amount set by the
commission, whichever amount is more, if the application and fee
are received by the department during the period beginning 10
days before the expiration date of the outstanding permit and
extending through the expiration date of the permit.
(b) A renewal propagation permit is valid for a period of three
years beginning on the date of its issuance.
(c) The department may refuse to renew any permit if it
determines that it would be in the best interest of the species
of fish or wildlife described in the permit.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 63,
eff. Sept. 1, 1985.
Sec. 68.010. REPORTS BY PERMITTEE. A person holding a
commercial propagation permit shall send to the department
annually:
(1) a written evaluation by a veterinarian licensed to practice
in this state of the physical conditions of the propagation
facilities and the conditions of the fish or wildlife held under
the permit; and
(2) a written report on forms prepared by the department
relating to propagation activities during the previous year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.011. REFUSAL OR CANCELLATION OF PERMIT. (a) If, on the
basis of the reports required by Section 68.010 of this code or
an investigation or inspection by an authorized employee of the
department, the department finds that a permit holder is
improperly caring for or handling the fish or wildlife held under
the permit, the department shall give written notice of the
objectionable actions or conditions to the permit holder.
(b) If the department finds that the improper caring for or
handling of the fish or wildlife is detrimental to the fish or
wildlife and immediate protection is needed, the department may
seize the fish or wildlife and authorize proper care pending the
correction of the improper conditions or actions.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.012. APPEAL. (a) A person aggrieved by the action of
the department in refusing to grant or renew a commercial
propagation permit or in cancelling a permit may appeal within 20
days of the final action of the department to a district court of
Travis County or the county of his residence.
(b) The appeal shall be by trial de novo as are appeals from the
justice court to the county court.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.013. DISPOSITION OF FISH OR WILDLIFE. A person who
ceases to hold a commercial propagation permit under this chapter
shall dispose of endangered fish or wildlife held after the
expiration or cancellation of the permit in the manner required
by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.014. REGULATIONS. The department shall make regulations
necessary to administer the provisions of this chapter and to
attain its objectives, including regulations to govern:
(1) permit application forms, fees, and procedures;
(2) hearing procedures;
(3) procedures for identifying endangered fish and wildlife or
goods made from endangered fish or wildlife which may be
possessed, propagated, or sold under this chapter;
(4) publication and distribution of lists of species and
subspecies of endangered fish or wildlife and their products; and
(5) limitations on the capture, trapping, taking, or killing, or
attempting to capture, trap, take, or kill, and the possession,
transportation, exportation, sale, and offering for sale of
endangered species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 112, eff.
Sept. 1, 1997.
Sec. 68.015. PROHIBITED ACTS. (a) No person may capture, trap,
take, or kill, or attempt to capture, trap, take, or kill,
endangered fish or wildlife.
(b) No person may possess, sell, distribute, or offer or
advertise for sale endangered fish or wildlife unless the fish or
wildlife have been lawfully born and raised in captivity for
commercial purposes under the provisions of this chapter.
(c) No person may possess, sell, distribute, or offer or
advertise for sale any goods made from endangered fish or
wildlife unless:
(1) the goods were made from fish or wildlife that were born and
raised in captivity for commercial purposes under the provisions
of this chapter; or
(2) the goods were made from fish or wildlife lawfully taken in
another state and the person presents documented evidence to the
department to substantiate that fact.
(d) No person may sell, advertise, or offer for sale any species
of fish or wildlife not classified as endangered under the name
of any endangered fish or wildlife.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 3135, ch. 825, Sec. 1,
eff. June 17, 1981; Acts 1987, 70th Leg., ch. 607, Sec. 3, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256, Sec. 112, eff.
Sept. 1, 1997.
Sec. 68.016. SOLD SPECIES TO BE TAGGED. No person may sell
endangered fish or wildlife or goods made from endangered fish or
wildlife unless the fish or wildlife or goods are tagged or
labeled in a manner to indicate compliance with Section 68.015(a)
and (b) of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.017. SEIZURE OF FISH OR WILDLIFE. (a) A peace officer
who has arrested a person for a violation of this chapter may
seize fish or wildlife or goods made from fish or wildlife taken,
possessed, or made in violation of this chapter.
(b) Property taken under this section shall be delivered to the
department for holding pending disposition of the court
proceedings. If the court determines that the property was taken,
possessed, or made in violation of the provisions of this
chapter, the department may dispose of the property under its
regulations. The costs of the department in holding seized fish
or wildlife during the pendency of the proceedings may, in
appropriate cases, be assessed against the defendant.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.018. DISPOSITION OF FUNDS; APPROPRIATIONS. All revenue
received under this chapter shall be deposited in the state
treasury to the credit of the special nongame and endangered
species conservation account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 68,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 45, eff.
Sept. 1, 1993.
Sec. 68.019. APPLICABILITY OF CHAPTER. All species and
subspecies of wildlife classified as endangered are governed by
this chapter to the exclusion of other regulatory and licensing
laws.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 68.020. EXCEPTIONS. (a) This chapter does not apply to:
(1) coyotes (prairie wolves);
(2) cougars;
(3) bobcats;
(4) prairie dogs; or
(5) red foxes.
(b) This chapter does not apply to the possession of mounted or
preserved endangered fish or wildlife acquired before August 31,
1973, by public or private nonprofit educational, zoological, or
research institutions. The department may require an institution
to furnish a list of mounted or preserved fish or wildlife
possessed and proof of the time of acquisition.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 607, Sec. 4, eff.
Sept. 1, 1987.
Sec. 68.021. PENALTY. (a) A person who violates any provision
of this chapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person who violates any provision of this chapter and who
has been convicted on one previous occasion of a violation of
this chapter commits an offense that is a Class B Parks and
Wildlife Code misdemeanor.
(c) A person who violates any provision of this chapter and who
has been convicted on two or more previous occasions of a
violation of this chapter commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.
(d) A violation of a regulation of the department issued under
the authority of this chapter is a violation of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 78,
eff. Sept. 1, 1985.