The thresholds for referral of actions of the Texas Parks and Wildlife
Department listed in §505.11(7)(A)-(D) of this title (relating to Actions
and Rules Subject to Coastal Management Program) shall be as follows.
(1) For oyster leases issued pursuant to §58.30 of this
title (relating to Private Oyster Leases), the threshold for referral shall
be an administratively complete application for a lease.
(2) For permits issued pursuant to §§69.301-69.311
of this title (relating to Scientific, Educational and Zoological Permits)
as they concern the taking, transporting, or possession of threatened or endangered
species; §§65.171-65.176 and §§69.43-69.53 of this title
(relating to Threatened and Endangered Nongame Species); or permits issued
pursuant to §§69.1-69.9 of this title (relating to Endangered, Threatened,
and Protected Native Plants; Wildlife Rehabilitation Permits), the threshold
shall be an administratively complete application.
(3) For permits authorizing the disturbance or removal of sand,
shell, gravel, and marl issued pursuant to §§69.101-69.121 and 69.201-69.209
of this title (relating to Shell Dredging on the Texas Gulf Coast and Issuance
of Marl, Sand, and Gravel Permits), the threshold shall be an administratively
complete application for a permit.
(4) For approval of development which requires the use or taking
of any public land in state parks, wildlife management areas, and preserves
by a person or entity other than the Texas Parks and Wildlife Department and
which would be subject to Parks and Wildlife Code, Chapter 26, and §§59.41-59.47,
59.61-59.64, and 59.75 of this title (relating to Acquisition and Development
of Historic Sites, Buildings, and Structures, and Administration of the Texas
State Park System), the threshold for referral shall be initial approval by
the Texas Parks and Wildlife Commission of the project concept.
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