1. (a) General Applicability. In this subchapter, nongame wildlife means those species of vertebrate wildlife, living or dead, that are indigenous to this state and are not classified as game animals, birds, fish, furbearing animals, endangered species, alligators, marine penaeid shrimp, or oysters. Nongame wildlife includes captive-bred nongame wildlife, parts of nongame wildlife, and the eggs of nongame wildlife.

2. (b) Exceptions. This subchapter does not apply to the following nongame wildlife:

   1. (1) coyotes;
   2. (2) mountain lions;
   3. (3) bobcats;
   4. (4) rabbits;
   5. (5) American bison;
   6. (6) diamondback terrapin (Malaclemys terrapin), which are addressed under the provisions of §65.82 of this title (relating to Other Aquatic Life); or
   7. (7) threatened species listed in Subchapter G of this chapter (relating to Threatened and Endangered Nongame Species).

3. (c) Transitional Provisions for Possession of Certain Nongame Wildlife.

   1. (1) The holder of a permit issued under this subchapter who is in lawful possession of nongame wildlife prior to the effective date of this section who would be in violation of this subchapter after the effective date of this section by continuing to possess the nongame wildlife for commercial activity must sell, donate, or otherwise dispose of the nongame wildlife by May 1, 2008.

   2. (2) A person in lawful possession of nongame wildlife prior to the effective date of this section who would be in violation after the effective date of this section and who possesses the nongame wildlife for personal, noncommercial use may continue to possess the nongame wildlife and any increase, provided:

      1. (A) the person contacts the department by no later than November 1, 2008 and reports the person's name and address, and the species and number of the nongame wildlife in possession; and
      2. (B) the person does not engage in any commercial activity involving the nongame wildlife possessed under this section.

Source Note:The provisions of this §65.325 adopted to be effective January 1, 1999, 23 TexReg 10034; amended to be effective October 28, 2002, 27 TexReg 10041; amended to be effective October 21, 2007, 32 TexReg 7472.