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Regulatory and Permitting Information Desktop Toolkit

Texas State Biological Resource Considerations (12-TX-a)

In Texas, no person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered or threatened fish or wildlife. (Texas Parks and Wildlife Code § 68).

“Take” means collect, hook, hunt, net, shoot, or snare, by any means or device, and includes an attempt to take or to pursue in order to take.

To relocate a threatened or endangered species a permit is required from the Texas Parks and Wildlife Department (TPWD).

State Biological Resource Considerations Process

12-TX-a.1 to 12-TX-a.2 - Will the Project Threaten a State Listed Species?

Threatened Species are listed in 31 TAC 65.175.

A threatened species is any species that the TPWD has determined is likely to become endangered in the future.

Endangered Species are listed in 31 TAC 65.176.

12-TX-a.3 to 12-TX-a.4 – Retain Competent Person(s) Experienced in the Biological Sciences

To remove a listed species from a site the developer must hire a qualified environmental consultant to remove and relocate the listed species.

Only a person deemed competent can apply for a Letter of Authorization to relocate a listed species with the TPWD.

A “competent” person is one who is experienced in the biological sciences and is either employed by a governmental entity, or engaged in paid environmental consultancy.(31 TAC 65.173).

12-TX-a.5 to 12-TX-a.6 – Letter of Authorization

The TPWD will issue a Letter of Authorization to the Environmental Consultant allowing the consultant to capture and relocate the listed species.

All relocated animals must be released in a suitable habitat.

12-TX-a.7 – Continue with Project

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