Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
Subchapter A. FEES
Division 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES
The Texas Parks and Wildlife Commission adopts an amendment to §53.7, concerning Furbearing Animal Licenses and Permits, without changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9542).
The amendment reduces the fee for the nonresident wholesale fur dealer's license from $600 to $250. The department received a petition for rulemaking requesting that the fee for the nonresident wholesale fur dealer's license be reduced in order to be consistent with similar fees in adjacent states and to attract nonresident fur dealers to Texas, potentially increasing the value of furs in Texas. The department has determined that there is no reason to deny the petitioner's request. Reducing the fee for the nonresident wholesale fur dealer's license from $600 to $250 will make Texas fees more consistent with adjacent states. The department believes that the fee reduction will attract nonresident fur dealer to Texas. Department regulations provide that a fur trapper may sell a pelt or carcass only to a licensed wholesale fur dealer. The department has learned that the nonresident fee of $600 has been a barrier to the purchase of pelts from Texas trappers by nonresident wholesale fur dealers. As a result, the market for pelts from Texas trappers has been limited. By reducing the nonresidents wholesale fur dealer's license fee, the department believes that more nonresident fur dealer will be attracted to Texas and create a larger and more competitive market, thus providing more options for Texas trappers.
The rule as adopted will function by reducing the fee for the nonresident wholesale fur dealer's permit from $600 to $250.
The department received two comments opposing adoption of the proposed rules. Both comments expressed a specific rationale or reasoning for opposing adoption. Those comments, accompanied by the department's response to each, are as follows.
One commenter opposed adoption of the rule and stated that fees for nonresidents should be increased, not decreased, and that nonresidents should not be allowed to take wildlife that belongs to the citizens of Texas. The department disagrees with the comment and responds that there is no reason not to offer surplus opportunity to nonresidents and that the nonresident fur dealer's license authorizes only the purchase and sale of furbearing animals, but does not authorize the take of furbearing animals. No changes were made as a result of the comment.
One commenter opposed adoption of the rule and stated that it is not fair for the residents of the state to have to pay almost as much as the nonresident. The commenter stated that while it is true that more competition may help prices it is not true that better prices mean more money for the state, since every fur purchased by a nonresident buyer is removed from the state. The commenter stated that the state will lose the business and labor dollars paid to handle these furs and that any profit will go to the economy in another state. The department disagrees with the comment and responds that by encouraging fur buyers to come to Texas, the fee reduction is expected to produce more competitive markets for Texas trappers, which should result in higher prices paid for furs in Texas. Generally speaking, most furs purchased in Texas are purchased directly from trappers, who are also in business for profit, and are ultimately re-sold out of state anyway; thus, although competition from nonresidents for furs might have the effect of reducing the profits of resident fur dealers, the increased profits for trappers would be captured by the Texas economy. No changes were made as a result of the comment.
The amendment is adopted under Parks and Wildlife Code, Chapter 71, which authorizes the commission to regulate the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur-bearing animals, pelts, and carcasses as the commission considers necessary to manage fur-bearing animals or to protect human health or property, and to provide for permit application forms, fees, procedures, and reports.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 2, 2008.
TRD-200801730
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: April 22, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 389-4775
Subchapter Q. STATEWIDE FUR-BEARING ANIMAL PROCLAMATION
The Texas Parks and Wildlife Commission adopts an amendment to §65.375, concerning the Statewide Furbearing Animal Proclamation, without changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9569).
The amendment extends the commercial trapping season for beaver; alters terminology to replace the term "leghold" with the term "foothold;" and makes a nonsubstantive grammatical correction.
The current commercial trapping season for beaver runs from November 1 through March 31. The department received a petition for rulemaking requesting that the commercial season be lengthened to run from September 1 through May 31. The department has determined that beaver are common and found in appropriate habitats throughout Texas. Bridge survey counts reveal beavers at all surveyed bridge locations in the 26 eastern counties where the survey is conducted, indicating the population is relatively widespread. Extending the season will allow trappers and fur harvesters to extract more value from the resource and will not result in waste or depletion of the resource.
The previous rule employed the term "leghold" to identify a type of device used to capture furbearing animals. The department received a petition for rulemaking requesting that the term be replaced with the term "foothold." The amendment effects that change, which is nonsubstantive.
The previous rule text of subsection (c)(2)(D) was not structurally parallel with the other subparagraphs in the paragraph. The amendment nonsubstantively corrects that problem.
The rule as adopted will function by lengthening the commercial trapping season for beaver and by making regulatory terminology clearer and more accurate.
The department received one comment opposing adoption of the proposed rule. The commenter stated that commercial harvest of beavers should not be allowed. The department disagrees with the comment. Parks and Wildlife Code, Chapter 71 specifically provides for the commercial harvest of fur-bearing animals, including beaver. The department also has determined that the rule as adopted will not have any biological implications for wildlife populations. No changes were made as a result of the comments.
The department received one comment supporting adoption of the proposed rule.
The Texas Wildlife Association commented in support of adoption of the proposed rule.
The amendment is adopted under Parks and Wildlife Code, Chapter 71, which authorizes the commission to regulate the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur-bearing animals, pelts, and carcasses as the commission considers necessary to manage fur-bearing animals or to protect human health or property, and to provide for permit application forms, fees, procedures, and reports.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 2, 2008.
TRD-200801731
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: April 22, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 389-4775