PARKS AND WILDLIFE CODE

 

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.

1

 

Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 77, eff.

Sept. 1, 1985.