Sources: Vernon's Texas Codes Annotated, 1991, Titles 1, 2 and 5; 1993 Cumulative Annual Pocket Part.
STATE WILDLIFE POLICY
All wild animals, fur-bearing animals, wild birds, wild fowl, fish and other aquatic animal life contained in the freshwater rivers, creeks, and streams and in lakes or sloughs subject to overflow from rivers within state borders are the property of the people of the state. All the beds, bottoms, products thereof, of the public rivers, bayous, lagoons, creeks, lakes, bays and inlets in the state and in the Gulf of Mexico within the state's jurisdiction are state property. The state may permit the use of the waters and bottoms and the taking of products therefrom. The Parks and Wildlife Department shall regulate the taking and conservation of fish, oysters, shrimp, crabs, turtles, terrapins, mussels, lobsters, and all other kinds of marine life, or sand, gravel, mud shell or marl (1.1.011). The purpose of the Wildlife Conservation Act of 1983 is to provide a comprehensive method for the conservation of an ample supply of state wildlife resources to insure reasonable and equitable enjoyment of the privileges of ownership and pursuit of same, and to provide a flexible law to enable the Commission to deal effectively with changing conditions to prevent depletion and waste of wildlife resources (5.61.002).
PROTECTED SPECIES OF WILDLIFE
The Department shall develop and administer management programs to insure the continued ability of nongame species of fish and wildlife to perpetuate themselves successfully. Regarding nongame species, the Department may: disseminate information pertaining to conservation, management and values; conduct scientific investigations for better protection and conservation; propagate, distribute, protect and restore nongame species; research and manage nongame species; develop and acquire habitats (5.67.002). The Department shall conduct ongoing investigations of nongame fish and wildlife to develop information on populations, distribution, habitat needs, limiting factors and other biological or ecological data to determine appropriate management and regulatory information. The Department shall conduct a public hearing on all proposed regulations and publish notice in at least three major newspapers at least one week before the hearing. On the basis of the information received, the Department may modify a proposed regulation. Regulations become effective 60 days after date of proposal unless withdrawn by the Department (5.67.003 and .004). Violation: Class C misdemeanor; a subsequent offense is a Class B misdemeanor; two or more subsequent violations after previous convictions under this chapter is a Class A misdemeanor (5.67.005). (See also GENERAL EXCEPTIONS TO PROTECTION.)
Species of fish or wildlife indigenous to Texas are endangered if listed on the US list of endangered native fish and wildlife, or the list of fish or wildlife threatened with statewide extinction as filed by the Director. The Director shall file with the Secretary of State a list of fish or wildlife threatened with statewide extinction, so classified if the Department finds that the continued existence of the fish or wildlife is endangered due to destruction, modification or curtailment of its habitat, overutilization for commercial or sporting purposes, disease or predation, or other natural or man-made factors (5.68.002 and .003). If the list is modified, the Director shall file an order with the Secretary of State accepting the modification effective immediately. The Director may amend the list by similar filing, effective immediately, but shall give notice at least 60 days before the order is filed, showing the contents of the proposed order, allowing a reclassification petition to be filed during this period. Three or more persons may petition the Department to add or delete species from list, and must present substantial evidence for addition or deletion. If fewer than 50 people join in the petition, the Department may refuse to review the classification list, but if more than 50, the Department shall conduct a review hearing, open to the public, with notice by publication as specified. Based on findings at the hearing, the Department may file an order with the Secretary of State altering the statewide extinction list which becomes effective on filing (5.68.004 and.005). It is a violation to possess, take or transport endangered fish or wildlife for zoological gardens or scientific purposes or to take or transport them from their natural habitat for propagation for commercial purposes without a permit. A commercial propagation permit is required to possess endangered species for the purpose of propagation for sale (5.68.006 and .007). [Details for obtaining an endangered species propagation permit, renewal of permit, reporting requirements, provisions for permit refusal or cancellation, required veterinarian inspections, appeal procedure, and provisions for disposal of endangered wildlife after permit cancellation or expiration are given in 5.68.008 through .013.]
The Department shall make regulations necessary to administer endangered species provisions governing permit application, hearings, identifying endangered fish and wildlife or goods made from them which may be possessed, propagated or sold, and publication and distribution of endangered species lists to the public (5.68.014.) No person may: possess, sell or distribute, or offer such, endangered fish and wildlife unless lawfully raised in captivity for commercial purpose; possess, sell or distribute any goods made from endangered fish or wildlife unless made from legally held captive species, or from fish or wildlife lawfully taken in another state, accompanied by proper documentation; 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. Any goods sold made from endangered fish or wildlife must be properly tagged as specified (5.68.015 and .016).
Peace officers may seize endangered fish or wildlife or goods made from them which were taken, possessed or made in violation of endangered species provisions and hold them pending case disposition, and may dispose of them if the court determines that the property was used in violation. All revenue received under endangered species provisions shall go into the Nongame and Endangered Species Conservation Fund (5.68.017 and .018). Violations of endangered species provisions are for first offense, Class C misdemeanors; second offense, Class B misdemeanors; two or more prior convictions, Class A misdemeanors (5.68.021). If the Commission finds that there is an immediate danger to a species regulated by the Department, it may adopt emergency rules (2.12.027).
No person may capture or transport any game mammal or game bird captured from the wild that is indigenous to Texas without a Department permit, issued as a means of better wildlife management. This does not apply to game animals or game birds privately owned or raised. Violation: Class B misdemeanor (5.43.061 and .062). Except as otherwise provided, no person may: catch, kill injure or possess, dead or alive, or purchase, sell or transport a bird that is not a game bird; possess any part of the plumage, skin or body of a bird not a game bird; disturb or destroy the eggs, nest or young of a bird not a game bird. Canaries, parrots and other exotic nongame birds may be sold, bought and kept as pets. No person may take or destroy the nest, eggs or young of any wild game bird, wild bird or wild fowl protected by this code except as provided by permit. Violation: class C misdemeanor. No person may hunt, trap, or kill a golden eagle or Mexican brown eagle without a permit under Chapter 43 (5.64.002, .003, .005 and .011).
The Commission may regulate the taking, possession, propagation, exportation, importation and sale of alligators or parts to manage this species, including: permit forms, fees and procedures; hearing procedures; times when lawful to take, possess, sell alligators, hides, or parts; limits, size, means, methods, manner and places to take or possess alligators, hides or parts (5.65.003). The Department shall conduct scientific studies to develop information on populations, distributions, habitat needs, limiting factors and other biological/ecological data or to determine management for public safety. No person may take, sell, purchase or possess an alligator, its egg or part except as permitted by Commission regulations, except for manufactured goods from alligators taken lawfully. No person may take, possess or accompany another attempting to take an alligator during the open season without an alligator hunter's license, nor purchase from such hunter any alligator, hide or part without an alligator buyer's license. Violation of any provisions relating to alligators are Class C misdemeanors; if a prior offense exists, a Class B misdemeanor; if two or more previous violations, a Class A misdemeanor (5.65.004 through .008). (See also ENFORCEMENT OF WILDLIFE LAWS.)
HABITAT PROTECTION
[Numerous statutory sanctuaries and preserves are listed by name, including boundaries, unlawful acts, penalties and other information in chapter 82.]
The Department may provide technical guidance to landowners who request information concerning fish, wildlife, nongame, and habitat management, and shall support landowner education programs. Land purchased primarily for a purpose authorized by this code may be used for any authorized function if the Commission determines that multiple use is the best utilization of the land's resources (2.12.025 and .026). The Commissioners Court of each county may require the owner of a public or private dam on a regularly flowing stream to construct or repair fishways or fish ladders sufficient to allow fish in all seasons to ascend the dam. Failure to comply after 90 days notice is an offense, and each week of violation thereafter is a separate offense. The Department may direct persons taking state fresh water to use screens on intake canals or pipes to protect fish. No person may fail to comply with a written order of the Department regarding fish screens, and each day's failure to comply is a separate offense (5.66.109 and .110).
The Department may establish a state system of scientific areas for education, scientific research and preservation of flora and fauna of scientific or educational value, and to carry out these purposes may: determine proposed scientific areas; make and publish regulations for the management and protection of scientific areas; cooperate and contract with agencies, groups or individuals; accept gifts, grants, bequests of money or property to be used in accordance with the tenor of such gift, grant or bequest; formulate policies for the selection, acquisition, management and protection of scientific areas and negotiate for and approve the dedication of such areas; advocate research, interpretive programs, and publication of information pertaining to scientific areas; acquire interests in real property by purchase; hold and manage lands within the system. All public entities and agencies are authorized and urged to acquire, administer and dedicate land as state scientific areas. The Commission may use only funds appropriated for the acquisition of scientific areas (5.81.501, .502, .503 and .506). The Department may: acquire, develop, maintain and operate wildlife management areas; manage wildlife and fish on such lands; prohibit hunting and fishing, or may open seasons for hunting or fishing on such areas and prescribe the number, kind, sex and size of game or fish that may be taken, and the means, methods and conditions for such taking. The Department may issue special permits for hunting wildlife in compliance with hunting license laws on game management areas, using a fair method of distribution of such permits (5.81.401 through .403). (See also EXCEPTIONS TO PROTECTION.)
The Department, with approval of the Commissioners Court of the affected county, shall set aside and reserve portions of each public freshwater stream or other body of water as fish sanctuaries in the county for the propagation of freshwater fish in their natural state. The Department shall use fish sanctuaries to increase and preserve the supply of freshwater fish in all fresh water where the fish supply has been reduced from any cause below the maximum number of fish in their natural state that the water will support, and when such depleted water areas are found, the Department shall set aside one or more portions of the water as a sanctuary without delay. Sanctuaries so designated may be used as such up to five years. No more than 50% of the public fresh water in any county may be so set aside and designated. The sanctuary designation proclamation must state the area to be included, reason for creation, date of effect, duration of the proclamation, and statutory citation. The Department shall give notice by all of the following: posting copies of the proclamation on the county courthouse door; publication in a county newspaper; posting with at least six signs around the sanctuary boundaries (5.81.201 through .207).
The Commission may purchase land for construction and operation of freshwater fish hatcheries, and may condemn land, easements and property in the state for constructing fish hatcheries or maintaining tidewater passages under the provisions allowed for condemnation proceedings by railroads (5.81.102 through .104). The Department may make grants to appropriate international nonprofit organizations for acquiring, developing and maintaining waterfowl propagation areas within Canada that provide waterfowl for the Central Flyway, but may not condition a grant on approval by the Department of improvements or construction performed in Canada (5.43.306).
The Department and the Land Office shall develop and adopt a State Wetlands Conservation Plan for state-owned coastal wetlands. The Texas Water Commission and other state agencies and local governments shall assist in developing and implementing this plan (2.14.002). [The details and provisions of this excellent plan are worthy of review by those interested in wetlands conservation.]
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu