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RULE §69.2Scientific Plant Permit

(a) Only the individuals named on a scientific plant permit are authorized to conduct the activities authorized by a permit issued under this chapter.

(b) Qualifications. A scientific plant permit shall be issued only to a person who provides evidence to the department's satisfaction that:

  (1) there exists a legitimate scientific need to conduct research and that the information obtained will benefit the department in the management of the target species;

  (2) the research would not substantially or unnecessarily duplicate existing research conducted under other permits issued under this subchapter;

  (3) the applicant possesses or has access to facilities to properly care for the permitted plants;

  (4) the applicant possesses a degree or certification in a botanical or horticultural discipline or possesses letters of recommendation from two acknowledged authorities in a botanical or horticultural discipline; and

  (5) the proposed research follows generally accepted principles of experimental design.

(c) Application requirements. Prior to permit issuance, an applicant for a scientific plant permit shall submit to the department:

  (1) a completed application on a form supplied by the department;

  (2) a letter of recommendation from each of two people in the field of botany or horticulture attesting to the professional status or competence that qualifies the applicant to conduct the proposed research;

  (3) a letter of permission from an agency or entity to take plants on lands under the jurisdiction of the agency or entity; and

  (4) the name of each person assisting in the collecting and transporting of endangered, threatened, or protected plants.

(d) Special provisions.

  (1) A permit may be amended at any time during the permit year to reflect changes in the propagation, educational, or scientific studies of the permittee, provided the amendment satisfies the criteria set forth in subsection (b) of this section.

  (2) While conducting any permit activities on public lands, each person named on a permit shall carry copies of the permit and the letter of permission required by subsection (c)(3) of this section, and shall produce such documents upon demand by a game warden.

  (3) Specimens collected under a scientific plant permit may not be sold or bartered.

  (4) Persons engaged in the selling or holding for sale of native plants designated as endangered, threatened or protected are prohibited from holding a scientific plant permit.

Source Note: The provisions of this §69.2 adopted to be effective January 30, 1997, 22 TexReg 901; amended to be effective July 2, 2017, 42 TexReg 3404

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