1. (a) Policy. The department shall develop a policy for periodic evaluation of pertinent information or evidence to determine if a species should be added to or removed from the lists of species in this section.

2. (b) Turtles.

   1. (1) The holder of a nongame permit may possess, transport, sell, import, or export common snapping turtle (Chelydra serpentina), red-eared slider (Trachemys scripta), or softshell turtle (Apalone spinifera, A. muticus) in accordance with the provisions of this subchapter, provided that take occurs on private land or private water.
   2. (2) The holder of a nongame dealer's permit may possess, transport, sell, resell, import, or export common snapping turtle (Chelydra serpentina), red-eared slider (Trachemys scripta), or softshell turtle (Apalone spinifera, A. muticus) in accordance with the provisions of this subchapter, provided that take occurs on private land or private water.

   3. (3) No person while on or in public water may possess or use a net or trap capable of catching a turtle. This section does not apply to:

      1. (A) dip nets; or
      2. (B) minnow traps, provided the minnow trap is less than 24 inches in length or has a throat smaller than one by three inches.
3. (c) It is an offense for any person to take or attempt to take nongame wildlife for purposes of commercial activity from public land or water.
4. (d) The species of nongame wildlife listed in this paragraph may be possessed, purchased, sold, offered for sale, imported, or exported as provided under this subchapter.
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5. (e) No person shall engage in commercial activity involving any nongame species not listed in subsection (d) of this section, except as provided in §65.327(e) of this title (relating to Permit Required) and subsection (b) of this section. This prohibition on commercial activity includes, but is not limited to, the following species:
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Source Note:The provisions of this §65.331 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.