Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019 Page: 7,824
7779-8116 p. ; 28 cm.View a full description of this periodical.
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SUBCHAPTER O. COMMERCIAL NONGAME
PERMITS
31 TAC 65.331
The Texas Parks and Wildlife Department proposes an amend-
ment to 65.331, concerning Commercial Activity. The proposed
amendment would prohibit commercial activity involving six
species of reptiles.
Under Parks and Wildlife Code, Chapter 67, "nongame wildlife"
is defined as those species of vertebrate and invertebrate
wildlife indigenous to Texas that are not classified as game ani-
mals, game birds, game fish, fur-bearing animals, endangered
species, alligators, marine penaeid shrimp, or oysters. Chapter
67 requires the commission to "establish any limits on the taking,
possession, propagation, transportation, importation, exporta-
tion, sale, or offering for sale of nongame fish or wildlife that
the department considers necessary to manage the species."
In another rulemaking published elsewhere in this issue of
this issue of the Texas Register, the department proposes to
remove six species of reptiles from the list of state-threatened
species. The department has determined, based on biological
parameters, that although the species being removed from
the threatened list are no longer believed to be in danger of
statewide extinction, their population status remains such that
protection from commercial exploitation is warranted.
Nongame species comprise over 90 percent of the wildlife
species that occur in Texas. Although the department is unable
to monitor, survey, or conduct research on every nongame
species in Texas, ongoing research is both conducted and
monitored by the department.
Nongame wildlife populations are problematic by their very na-
ture, due to their numbers, diversity, and relative obscurity com-
pared to game species. Historically, the most intensive man-
agement and research activities in the United States and Texas
have been focused on game species popular with sport hunters,
such as deer, turkey, pronghorn antelope, and others. However,
game species represent a small fraction of the overall number of
species in any ecosystem; in Texas, eight species of wildlife are
designated by statute as game animals, whereas there are ap-
proximately 1,100 species of nongame vertebrate wildlife. Be-
cause the number of nongame species dwarfs the number of
game species, nongame species are a much more problematic
management target within the traditional contexts. Management
of game species typically involves intensive population, habitat,
and harvest investigations. However, because of staffing and
budgetary realities, this type of management regime is unrealis-
tic for the many nongame species that occur in the state. One
salient point firmly established by empirical evidence is that un-
fettered commercial exploitation of wildlife almost always results
in disaster for the targeted species. In fact, the genesis of mod-
ern game species management came about as a result of un-
regulated commercial exploitation of wildlife resources. By the
middle of the 20th century, many species of wildlife were in seri-
ous decline or in danger of extirpation in many parts of the United
States and Texas as a result of unregulated, large-scale, com-
mercial harvest. However, as a result of regulatory and manage-
ment efforts, most game species are now thriving. The depart-
ment's rules governing commercial take of nongame species are
intended to prevent depletion of nongame species and to allow
those species to successfully perpetuate themselves.
Meredith Longoria, Nongame and Rare Species Program
Leader, has determined that for each of the first five years thatthe rule as proposed is in effect, there will be no fiscal implica-
tions to state or local governments as a result of administering
or enforcing the rules.
Mrs. Longoria also has determined that for each of the first
five years that the rule as proposed is in effect, the public
benefit anticipated as a result of enforcing or administering the
rule as proposed will be the protection and conservation of
publicly-owned nongame wildlife resources and the protection
of native ecosystems from harmful alterations caused by over-
harvest of nongame species, which will be beneficial to all other
organisms in the complex ecological systems associated with
nongame wildlife.
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
assist state agencies in determining a proposed rule's poten-
tial adverse economic impacts to small businesses, micro-busi-
nesses, or rural communities. Those guidelines state that an
agency need only consider a proposed rule's "direct adverse
economic impacts" to small businesses and micro-businesses to
determine if any further analysis is required. For that purpose,
the department considers "direct economic impact" to mean a
requirement that would directly impose recordkeeping or report-
ing requirements; impose taxes or fees; result in lost sales or
profits; adversely affect market competition; or require the pur-
chase or modification of equipment or services. There will be
no adverse economic effects on small businesses, microbusi-
nesses, and persons required to comply with the amendment as
proposed, and no adverse economic impacts on rural communi-
ties.
The department has not drafted a local employment impact
statement under the Administrative Procedures Act, 2001.022,
as the agency has determined that the rule 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 rule.
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 rule.
In compliance with the requirements of Government Code,
2001.0221, the department has prepared the following Govern-
ment Growth Impact Statement (GGIS). The rule as proposed, if
adopted, will neither create nor eliminate a government 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; not limit or repeal an existing regulation
but will expand a current regulation (by adding six species
of reptiles to the list of species for which commercial activity
is prohibited); neither increase nor decrease the number of
individuals subject to regulation; and not positively or adversely
affect the state's economy.
Comments on the proposal may be submitted to Mered-
ith Longoria at (512) 389-4410, e-mail: meredith.longo-
ria@tpwd.texas.gov. Comments also may be submitted via
the department's website at http://www.tpwd.texas.gov/busi-
ness/feedback/publiccomment/.44 TexReg 7824 December 20, 2019 Texas Register
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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/m1/46/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.