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