CHAPTER 68. ENDANGERED SPECIES

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > 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

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!