PARKS AND WILDLIFE CODE
CHAPTER 67. NONGAME SPECIES
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 63, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 863, § 7, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 109, eff. Sept. 1, 1997.
§ 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, § 4, eff. May 20,
1981.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 64, eff.
Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 110, eff. Sept. 1,
1997.
§ 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, § 65, eff. Sept.
1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 111, eff.
Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 77, eff.
Sept. 1, 1985.
