CHAPTER 67. NONGAME SPECIES - Texas Statutes

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE B. HUNTING AND FISHING

CHAPTER 67. NONGAME SPECIES

Sec. 67.001. DEFINITION. In this chapter, "nongame" means those

species of vertebrate and invertebrate wildlife indigenous to

Texas that are not classified as game animals, game birds, game

fish, fur-bearing animals, endangered species, alligators, marine

penaeid shrimp, or oysters.

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. 63,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 863, Sec. 7, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 109, eff.

Sept. 1, 1997.

Sec. 67.0011. EXEMPTION OF CRAYFISH. This chapter does not

apply to crayfish, other than in public water.

Added by Acts 1981, 67th Leg., p. 399, ch. 161, Sec. 4, eff. May

20, 1981.

Sec. 67.002. MANAGEMENT OF NONGAME SPECIES. (a) The department

shall develop and administer management programs to insure the

continued ability of nongame species of fish and wildlife to

perpetuate themselves successfully.

(b) In managing nongame species of fish and wildlife, the

department may:

(1) disseminate information pertaining to nongame species

conservation, management, and values;

(2) conduct scientific investigation and survey of nongame

species for better protection and conservation;

(3) propagate, distribute, protect, and restore nongame species;

(4) research and manage nongame species;

(5) develop habitats for nongame species; and

(6) acquire habitats for nongame species.

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. 64,

eff. Sept. 1, 1985.

Sec. 67.003. CONTINUING SCIENTIFIC INVESTIGATIONS. The

department shall conduct ongoing investigations of nongame fish

and wildlife to develop information on populations, distribution,

habitat needs, limiting factors, and any other biological or

ecological data to determine appropriate management and

regulatory information.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 67.004. ISSUANCE OF REGULATIONS. (a) The commission by

regulation shall establish any limits on the taking, possession,

propagation, transportation, importation, exportation, sale, or

offering for sale of nongame fish or wildlife that the department

considers necessary to manage the species.

(b) The regulations shall state the name of the species or

subspecies, by common and scientific name, that the department

determines to be in need of management under this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 110, eff.

Sept. 1, 1997.

Sec. 67.0041. REGULATIONS AND PERMITS. (a) The department may

issue permits for the taking, possession, propagation,

transportation, sale, importation, or exportation of a nongame

species of fish or wildlife if necessary to properly manage that

species.

(b) The department may charge a fee for a permit issued under

this section. The fee shall be set by the commission.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 65, eff.

Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, Sec.

111, eff. Sept. 1, 1997.

Sec. 67.005. PENALTY. (a) A person who violates a regulation

of the commission issued under this chapter commits an offense

that is a Class C Parks and Wildlife Code misdemeanor.

(b) A person who violates a regulation of the commission issued

under this chapter and who has been convicted on one previous

occasion of a violation of a commission regulation under this

chapter commits an offense that is a Class B Parks and Wildlife

Code misdemeanor.

(c) A person who violates a regulation of the commission issued

under this chapter and who has been convicted on two or more

previous occasions of a violation of commission regulations under

this chapter commits an offense that is a Class A Parks and

Wildlife Code misdemeanor.

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. 77,

eff. Sept. 1, 1985.