Subchapter B. LOCAL PARK PLANNING ASSISTANCE

Subchapter F. PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES

The Texas Parks and Wildlife Commission adopts amendments to §§69.5 and 69.8, concerning Endangered, Threatened, and Native Plants; 69.19-69.21, and 69.24-69.27, concerning Fish and Wildlife Values; 69.46, concerning Application for Permit, 69.71, concerning Memorandum of Understanding; 69.77, concerning Health Certification of Native Shellfish; and 69.301 and 69.303, concerning Scientific, Educational, and Zoological Permits. Section 69.8, concerning Endangered and Threatened Plants, is adopted with changes to the proposed text as published in the December 24, 2004, issue of the Texas Register (29 TexReg 11932). Sections 69.5, 69.19-69.21, 69.24-69.27, 69.46, 69.71, 69.77, 69.301, and 69.303 are adopted without changes and will not be republished.

The change to §69.8 corrects a misspelling. In the graphic accompanying subsection (a) the Pima pineapple cactus was inadvertently misspelled as the Pina pineapple cactus. The change corrects that error.

In general, the amendments are necessary as a result of the department’s review process under the provisions of Government Code, §2001.039, which requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule as necessary and appropriate. As a result of the review, the department determined that rulemaking was necessary to correct outdated references, citations, and terminology.

The amendment to §69.5, concerning Commercial Plant Permit, will function by clarifying that a commercial plant permit is required for the take of endangered, threatened, and protected plants for commercial purposes on private lands, and by prescribing the use of a department-supplied application for permits and instituting a reporting requirement for permittees, all of which are necessary for the department to maintain accurate records of permitted activities.

The amendment to §69.8, concerning Endangered and Threatened Plants, will function by providing an accurate list of all species to which provisions concerning threatened and endangered plants apply. The amendment emends the list of threatened species to include Geocarpon minimum, and the list of endangered species to include Coryphantha scheeri var. robustispina (Pima pineapple cactus), each of which, respectively, is listed by the federal government and have been recently discovered in Texas. The amendment also corrects the list of endangered species to update the scientific names of the Tobusch fishhook cactus, the Nellie cory cactus, the Sneed pincushion cactus, and the Texas snowbell in order to conform the list with taxonomic changes. The amendment similarly amends the list of threatened species to update the scientific names of the Bunched cory cactus and the Lloyd’s mariposa cactus, also to conform the list to taxonomic changes. The amendment is necessary to delineate the species of plants to which provisions governing threatened and endangered plants apply.

The amendment to §69.19, concerning Restitution and Restoration, will function by correcting an inaccurate legal citation to the Texas Water Code, which is necessary to prevent confusion and maintain coherent regulations.

The amendment to §69.20, concerning Application, will function by restructuring subsection (a)(2) for grammatical sense, which is necessary for ease of readability and comprehension.

The amendment to §69.21, concerning Definitions, will function by eliminating an explicit definition in favor of a generic reference to applicable state and federal lists. The amendment is necessary to preclude periodic rulemaking to amend legal citations.

The amendment to §69.24, concerning Basic Value, will function by eliminating a provision that is no longer applicable. That provision required red drum civil restitution values to be determined based on the market value of red drum raised in aquaculture facilities. When the civil restitution rules were first promulgated, restitution values for fish were calculated using values from a special publication of the American Fisheries Society. At that time, the special publication did not contain a value for red drum, so the department devised a substitute method for determining restitution value. The special publication now contains a value for red drum, so the previous provision is no longer necessary.

The amendment to §69.25, concerning Aquatic Life-Recovery Value, will function by increasing the clarity of subsection (c), which is necessary to improve readability.

The amendment to §69.26, concerning Commercial Species-Recovery Value, will function by eliminating a reference to Parks and Wildlife Code, §77.027 because that section was repealed under the terms of Senate Bill 1302, enacted by the 76th Texas Legislature in 1999. The amendment is necessary to maintain accurate regulations.

The amendment to §69.27, concerning Updating Existing Recovery values, will function by stipulating that recovery values be updated as necessary, rather than on an annual basis as the previous rule required. The change was necessary because recovery values typically do not change on an annual basis.

The amendment to §69.46, concerning Application for Permit, will function by eliminating an unnecessary provision that allowed applicants for a rehabilitator’s license to satisfy permit eligibility requirements by attending a department-sponsored rehabilitation conference. The department has not sponsored any wildlife rehabilitation conferences and does not have plans to do so in the future. The amendment is necessary to ensure that regulations are accurate.

The amendment to §69.71, concerning Memorandum of Understanding, will function by changing the section heading to clarify that the Memorandum of Understanding referenced in this rule is between TPWD and the Texas Department of Transportation. The amendment is necessary for increased clarity.

The amendment to §69.77, concerning Health Certification of Native Penaeid Shrimp, will function by altering the grammatical structure of subsection (a)(1) and (2), and is necessary to enhance the clarity and readability of the section.

The amendment to §69.301, concerning Definitions, will function by clarifying that ‘protected wildlife’ includes parts of protected wildlife. The amendment is necessary to make the rules consistent with other regulations of the department, such as those governing fur-bearing animals, and nongame wildlife.

The amendment to §69.303, concerning Application for Permit and Permit Issuance, will function by creating a more informative section heading and by clarifying that the department’s right to refuse to issue a scientific, educational, or zoological permit includes subsequent permits in addition to the initial permit. The amendment is necessary because the department does not renew scientific, educational, or zoological permits, but requires individuals to reapply for a permit when the current permit expires.

The department received no comments concerning adoption of the proposed amendments.

Subchapter A. ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS