Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019 Page: 7,823
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The North Atlantic Right Whale was listed as endangered by the
USFWS effective April 7, 2008 (73 FR 12024) and has been
documented as occurring in the Gulf of Mexico.
The Sei Whale was listed as endangered by the USFWS effec-
tive December 2, 1970 (35 FR 12222) and has been documented
as occurring in the Gulf of Mexico.
The Sperm Whale was listed as endangered by the USFWS ef-
fective December 2, 1970 (35 FR 18319) and has been docu-
mented as occurring in the Gulf of Mexico.
The Texas Hornshell Mussel was listed as endangered by the
USFWS effective March 12, 2018 (83 FR 5720). This mussel is
known to exist in the Devils River, the Pecos River, and the Rio
Grande.
Meredith Longoria, Nongame and Rare Species Program
Leader, has determined that for each of the first five years the
amendments as proposed are in effect, there will be no direct
fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms. Longoria also has determined that for each of the first five
years the rules as proposed are in effect, the public benefit an-
ticipated as a result of enforcing or administering the rule as pro-
posed will be the protection of vulnerable species of indigenous
fish and wildlife, as well as regulations that are accurate and in-
formative.
Under the provisions of Government Code, Chapter 2006, a
state agency must prepare an economic impact statement and a
regulatory flexibility analysis for a rule that may have an adverse
economic effect on small businesses, micro-businesses, or rural
communities. As required by Government Code, 2006.002(g),
the Office of the Attorney General has prepared guidelines to as-
sist state agencies in determining a proposed rule's potential ad-
verse economic impact on small and microbusinesses and rural
communities. Those guidelines state that an agency need only
consider a proposed rule's direct adverse economic impacts to
determine if any further analysis is required. The department
considers "direct economic impact" to mean a requirement that
would directly impose recordkeeping or reporting requirements;
impose taxes or fees; result in lost sales or profits; adversely af-
fect market competition; or require the purchase or modification
of equipment or services. The department has determined that
the proposed rules prohibit the intentional take of other species
that are of no known commercial value and therefore do not di-
rectly affect small businesses, micro-businesses, or rural com-
munities. Therefore, neither the economic impact statement nor
the regulatory flexibility analysis described in Government Code,
Chapter 2006, is required.
The department has not drafted a local employment impact
statement under the Administrative Procedures Act, 2001.022,
as the agency has determined that the rules as proposed will
not impact local economies.
The department has determined that Government Code,
2001.0225 (Regulatory Analysis of Major Environmental
Rules), does not apply to the proposed rules.
The department has determined that there will not be a taking of
private real property, as defined by Government Code, Chapter
2007, as a result of the proposed rules.
In compliance with the requirements of Government Code,
2001.0221, the department has prepared the following Gov-
ernment Growth Impact Statement (GGIS). The rules asproposed, if adopted, will neither create nor eliminate a gov-
ernment program; not result in an increase or decrease in the
number of full-time equivalent employee needs; not result in
a need for additional General Revenue funding; not affect the
amount of any fee; not create a new regulation, but alter the
number of organisms subject to regulation; expand an existing
regulation (by adding species to the state lists of threatened
and endangered species list), and relax an existing regulation
(by removing species from the state endangered species list);
neither increase nor decrease the number of individuals subject
to regulation; and not positively or adversely affect the state's
economy.
Comments on the proposed rules may be submitted to Ms.
Meredith Longoria, Texas Parks and Wildlife Department, 4200
Smith School Road, Austin, Texas 78744; (512) 389-4410;
e-mail: meredith.longoria@tpwd.texas.gov or on the depart-
ment website at www.tpwd.texas.gov.
The amendments are proposed under Parks and Wildlife Code,
Chapter 67, which authorizes the commission to establish any
limits on the taking, possession, propagation, transportation, im-
portation, exportation, sale, or offering for sale of nongame fish
or wildlife that the department considers necessary to manage
the species, and Chapter 68, which authorizes regulations nec-
essary to administer the provisions of Chapter 68 and to attain
its objectives, including regulations to govern the publication and
distribution of lists of species and subspecies of endangered fish
or wildlife and their products and limitations on the capture, trap-
ping, taking, or killing, or attempting to capture, trap, take, or kill,
and the possession, transportation, exportation, sale, and offer-
ing for sale of endangered species.
The proposed amendments affect Parks and Wildlife Code,
Chapters 67 and 68.
65.175. Threatened Species.
A threatened species is any species that the department has determined
is likely to become endangered in the future. The following species are
hereby designated as threatened species:
Figure: 31 TAC 65.175
[Figure 4 -T-AG 65-175]
65.176. Endangered Species.
A species that is indigenous to the state of Texas and listed by the fed-
eral government as endangered automatically receives state protection
as an endangered species under Parks and Wildlife Code, Chapter 68,
and the presence or absence of that species in this section does not af-
fect that status. The following species are endangered species[:[]
Figure: 31 TAC 65.176
[Figure: 34 TAC X65176]
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on December 9,
2019.
TRD-201904653
Todd George
Assistant General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 19, 2020
For further information, please call: (512) 389-4775
4 4 4PROPOSED RULES December 20, 2019 44 TexReg 7823
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Texas. Secretary of State. Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019, periodical, December 20, 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1221934/m1/45/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.