Species of fish or wildlife indigenous to Texas are endangered if listed on:
(1) the United States List of Endangered Native Fish and Wildlife; or
(2) the list of fish or wildlife threatened with statewide extinction as filed by the director of the department.
Citation: V.T.C.A., Parks & Wildlife Code § 68.002.
(a) The director shall file with the secretary of state a list of fish or wildlife threatened with statewide extinction.
(b) Fish or wildlife may be classified by the director as threatened with statewide extinction if the department finds that the continued existence of the fish or wildlife is endangered due to:
(1) the destruction, drastic modification, or severe curtailment of its habitat;
(2) its overutilization for commercial or sporting purposes;
(3) disease or predation; or
(4) other natural or man-made factors.
Citation: V.T.C.A., Parks & Wildlife Code § 68.003.
(a) If the list of endangered native species issued by the United States is modified, the director shall file an order with the secretary of state accepting the modification. The order is effective immediately.
(b) The director may amend the list of species threatened with statewide extinction by filing an order with the secretary of state. The order is effective on filing.
(c) The director shall give notice of the intention to file a modification order under Subsection (b) of this section at least 60 days before the order is filed. The notice must contain the contents of the proposed order.
(d) If a reclassification petition is filed during the 60-day notice period required by Subsection (c) of this section, the order may not be filed until the conclusion of the proceeding on reclassification.
Citation: V.T.C.A., Parks & Wildlife Code § 68.004.
(a) Three or more persons may petition the department to add or delete species of fish or wildlife from the statewide extinction list.
(b) The petition must present substantial evidence for the addition or deletion.
(c) If fewer than 50 people join in the petition, the department may refuse to review the classification list, but if 50 or more persons join in the petition, the department shall conduct a hearing to review the classification list. The hearing shall be open to the public, and notice of the hearing shall be given in at least three major newspapers of general circulation in the state at least one week before the date of the hearing.
(d) Based on the findings at the hearing, the department may file an order with the secretary of state altering the list of fish or wildlife threatened with statewide extinction. The order takes effect on filing.
Citation: V.T.C.A., Parks & Wildlife Code § 68.005.
The department shall make regulations necessary to administer the provisions of this chapter and to attain its objectives, including regulations to govern:
(1) permit application forms, fees, and procedures;
(2) hearing procedures;
(3) procedures for identifying endangered fish and wildlife or goods made from endangered fish or wildlife which may be possessed, propagated, or sold under this chapter;
(4) publication and distribution of lists of species and subspecies of endangered fish or wildlife and their products; and
(5) limitations on the capture, trapping, taking, or killing, or attempting to capture, trap, take, or kill, and the possession, transportation, exportation, sale, and offering for sale of endangered species.
Citation: V.T.C.A., Parks & Wildlife Code § 68.014.
Species of native plants are endangered, threatened, or protected if listed as such on:
(1) the United States List of Endangered Plant Species as in effect on the effective date of this Act (50 C.F.R. Part 17); or
(2) the list of endangered, threatened, or protected native plants as filed by the director of the department.
Citation: V.T.C.A., Parks & Wildlife Code § 88.002.
The director shall file with the secretary of state a list of endangered, threatened, or protected native plants.
Citation: V.T.C.A., Parks & Wildlife Code § 88.003.
(a) If the list of endangered or threatened plants issued by the United States is modified, the director shall file an order with the secretary of state accepting the modification unless the director finds that the plant does not occur in this state. The order is effective immediately.
(b) The director may amend the list of endangered, threatened, or protected native plants by filing a modification order with the secretary of state. The order is effective on filing.
(c) The director shall give public notice of the intention to file a modification order under Subsection (b) of this section at least 60 days before the order is filed. The notice must contain the contents of the proposed order.
(d) The director shall hold a public hearing at least 30 days before the modification order authorized by Subsection (b) of this section is filed.
Citation: V.T.C.A., Parks & Wildlife Code § 88.004.
The department shall adopt regulations to administer the provisions of this chapter, including regulations to provide for:
(1) permit application forms, fees, and procedures;
(2) hearing procedures;
(3) procedures for identifying endangered, threatened, or protected plants; and
(4) publication and distribution of lists of endangered, threatened, or protected plants.
Citation: V.T.C.A., Parks & Wildlife Code § 88.006.