Work Session

Wednesday, March 26, 2014
9 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX  78744

Chairman Dan Allen Hughes, Jr.
Carter Smith, Executive Director

Approval of Previous Meeting Minutes

    Land and Water Plan

  1. Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan – Carter Smith
    • Internal Affairs Report
    • Agency Dashboard
    • Fishing License Renewal Notices
    • New State Park “Camping” License Plate
    • Park Visitation Overview and Highlights
    • Zebra Mussel Campaign
    • “Waterproofing” Texas Game Wardens
  2. Financial

  3. Financial Overview – Mike Jensen
    • Strategic Plan Update—Jim Padilla
  4. Internal Audit Update – Cindy Hancock
  5. Regulations—State Parks

  6. Local Park Grants – Recommended Adoption of Proposed Changes – Dana Lagarde, Darlene Lewis (Action Item No. 3)
  7. Regulations—Fish and Wildlife

  8. Exotic Species Rule Amendments regarding Draining Water from Vessels and Portable Containers – Request Permission to Publish Proposed Rule Changes in the Texas Register – Ken Kurzawski
  9. Proposed Amendment to Rules Governing Permits to Sell Nongame Fish Taken from Public Fresh Water – Request Permission to Publish Proposed Changes in the Texas Register – Brandi Reeder
  10. 2014-2015 Statewide Hunting Proclamation – Recommended Adoption of Proposed Changes – Clayton Wolf, Kevin Davis (Action Item No. 4)
  11. 2014-2015 Statewide Recreational and Commercial Fishing Proclamation – Recommended Adoption of Proposed Changes – Ken Kurzawski, Brandi Reeder, Lance Robinson, Jeremy Leitz (Action Item No. 5)
  12. Deer Management Permit (DMP) and Trapping, Transporting and Transplanting (Triple T) Permit Regulations – Request Permission to Publish Proposed Changes in the Texas Register – Alan Cain
  13. 2014-2015 Migratory Game Bird Proclamation – Request Permission to Publish Proposed Changes in the Texas Register – Shaun Oldenburger
  14. Land Conservation

  15. Acceptance of Land Donation – Presidio County- Approximately 20 Acres of Land as an Addition to the Chinati Mountains State Natural Area (CMSNA) – Corky Kuhlmann (Action Item No. 6)
  16. Land Acquisition – Presidio County – Approximately 960 Acres as an Addition to the Chinati Mountains State Natural Area (CMSNA) – Corky Kuhlmann (Action Item No. 7)
  17. Land Acquisition – Stephens County – Approximately 450 Acres as an Addition to the Palo Pinto Mountains State Park – Ted Hollingsworth (Action Item No. 8)
  18. Legal Issues Regarding Hunting Blinds on State Parks and Wildlife Management Areas – Ann Bright (Executive Session Only)
  19. Oil and Gas Development at the Chaparral Wildlife Management Area – Ann Bright (Executive Session Only)
  20. Deer Breeder Litigation – Ann Bright (Executive Session Only)
  21. Legal Issues Regarding East Texas Fish Hatchery – Ann Bright (Executive Session Only)

Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
March 26, 2014

I.       Executive Summary: Executive Director Carter Smith will briefly update the Commission on the status of the agency’s efforts to implement the Land and Water Resources Conservation and Recreation Plan (the “Plan”).

II.     Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wildlife Code §11.104). In 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new Plan effective January 1, 2010. The 2010 Plan is available on the TPWD web site. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the Plan’s goals, objectives and deliverables.

The Plan consists of the following four goals:

  1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources
  2. Increase Access To and Participation In the Outdoors
  3. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation
  4. Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Mike Jensen
Jim Padilla

Work Session
Financial Overview
March 26, 2014

I.                   Executive Summary:  Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD) and provide an update on the development of the Natural Agenda, the legislatively mandated agency strategic plan covering Fiscal Years (FY) 2015-2019.
II.                Discussion: Staff will update the Commission on revenue collected by TPWD for FY 2014, compare the FY 2014 budget to FY 2014 expenditures, and summarize recent budget adjustments.

Strategic Plan Update: Staff will also review the state’s strategic planning requirements, TPWD’s development plan for the FY 2015-2019 Natural Agenda (Strategic Plan), and summarize TPWD’s proposed budget structure and performance measure changes for the FY 2016-2017 biennium.


Work Session Item No. 3
Presenter: Cindy Hancock

Work Session
Internal Audit Update
March 26, 2014

I. Executive Summary: Staff will provide a status report on the Texas Park and Wildlife Department (TPWD) Fiscal Year (FY), FY13-FY14 Internal Audit Plans and ongoing or completed external audits.

II. Discussion: Staff will present a status report on the TPWD FY13-FY14 Internal Audit Plans as well as external audits that have been completed and/or are ongoing. A short summary of the results will be provided for completed assurance projects.


Work Session Item No. 5
Presenter: Ken Kurzawski

Work Session
Expanding Rules Pertaining to Draining Water from Vessels to all Public Fresh Water
March 26, 2014

I.       Executive Summary:  This item seeks permission to publish in the Texas Register for public comment proposed amendments to rules governing the draining of water from vessels on public water.  The proposed amendments would expand to all public fresh waters the requirements that persons leaving or approaching public waters drain all water from their vessels.

II.     Discussion:  Under Parks and Wildlife Code, Chapter 66, the Commission is required to promulgate rules regarding the importation, possession, sale, or placement into public waters of exotic harmful or potentially harmful fish or shellfish. Under the provisions of H.B. 1241, which amended the Parks and Wildlife Code by adding §66.0073, the commission is authorized to adopt rules requiring a person leaving or approaching public water to drain from a vessel or portable container on board the vessel any water that has been collected from or has come in contact with public water.

The proposed rule (located at Exhibit A) is intended primarily to control the spread of zebra mussels (Dreissena polymorpha).  The zebra mussel is a small, non-native mussel originally found in Eurasia.  It has spread throughout Europe and the U.S. and is considered to be a major environmental and industrial threat.  Zebra mussels are particularly difficult to control because they have a free-floating, microscopic larval stage called a veliger.  Any water collected from waterbodies where zebra mussels are present could contain veligers; thus, water transported from waterbodies with known zebra mussel populations is a vector for the spread of zebra mussels.

Zebra mussels were first discovered in Texas in Lake Texoma in April 2009. Since that discovery, other water bodies with confirmed zebra mussel populations are:  Lake Ray Roberts in July 2012, Lakes Lewisville and Bridgeport in June 2013, Lake Belton in September 2013, and Lake Lavon in November 2013. Except for Lake Lavon, which had previously received water pumped from Lake Texoma, none of these reservoirs have a direct connection by pipeline to Lake Texoma making recreational boats the most likely pathway for introduction.

TPWD has attempted to regulate the spread of zebra mussels by passing rules to apply water draining requirements to a group of counties around the infested water bodies. In November 2013, the Commission approved rules (implemented in December 2013) that were applied to 17 counties in North Texas. In January 2014, the Commission approved rules adding an additional 30 counties in North and Central Texas (implemented in March 2014). Since most water bodies in Texas are at least at low to moderate risk of infestation, applying the water draining requirements statewide is a prudent step to help slow the spread of zebra mussels.

Attachments – 1

  1. Exhibit A – Proposed Rules

Work Session Item No. 5
Exhibit A

DRAINING OF WATER FROM VESSELS
PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes an amendment to §57.1001, concerning Draining of Water from Vessels Leaving or Approaching Public Fresh Water. The current rule requires persons approaching or leaving public fresh water in 47 counties to drain all bilges, live wells, and other similar receptacles and systems holding or capable of holding water, with exceptions. The proposed amendment would extend the applicability of the current rule to all public fresh water in the state.

         The current rule is intended to slow or prevent the spread of the zebra mussel (Dreissena polymorpha), an invasive exotic species that has become a major nuisance in North America. Invasive exotic species are non-indigenous species that have been accidentally or intentionally released into an ecosystem. In the worst cases, invasive species, because they are not checked by natural competition or predators, compete directly with, prey upon, or hybridize with native species, alter habitats and food webs, threaten rare species, and generally wreak ecological havoc. Besides the obvious negative impacts to aquatic ecosystems, invasive exotic species also threaten agriculture, ranching, forestry, and industry.

         The zebra mussel is a small, non-native mussel originally found in Eurasia. It has spread throughout Europe, where it is considered to be a major environmental and industrial menace. The animal appeared in North America in the late 1980s, and within ten years, had colonized in all five Great Lakes and the Mississippi, Tennessee, Hudson, and Ohio river basins. Since then, they have spread to additional lakes and river systems. Once zebra mussels become established in a water body, they are impossible to eradicate with the technology available today.

         Zebra mussels were first detected in Texas in 2009, when the department confirmed their presence in Lake Texoma. In 2012, the department utilized its authority to regulate the possession of exotic aquatic species and promulgated rules intended to prevent zebra mussels from spreading. The rule at that time affected only a section of the Red River including Lake Texoma and Lake Lavon.  Later in 2012, parts of the Elm Fork of the Trinity River, including Lakes Ray Roberts and Lewisville, were added. In June 2013, zebra mussels were confirmed in Lake Bridgeport, a reservoir in Wise and Jack counties. The department responded by adding additional segments of the West Fork of the Trinity River, which added Lakes Eagle Mountain and Worth in addition to Bridgeport to the rule. In September 2013, the department confirmed the presence of zebra mussels on Lake Belton in Bell and Coryell counties and added lakes Belton and Stillhouse Hollow (and the Leon and Lampasas rivers above those lakes) to the applicability of the rule.

         Meanwhile, in 2013, the 83rd Texas Legislature (Regular Session) enacted House Bill (H.B.) 1241, which authorizes the Texas Parks and Wildlife Commission to adopt rules requiring a person leaving or approaching public water to drain from a vessel or portable container on board the vessel any water that has been collected from or has come in contact with public water. In a rulemaking adopted in November 2013 (38 TexReg 8912), the department replaced the previous rule that affected specific segments of river systems with a new approach that implemented water-draining requirements on all public water bodies within 17 counties (Collin, Cooke, Dallas, Denton, Fannin, Grayson, Hood, Jack, Kaufman, Montague, Palo Pinto, Parker, Rockwall, Stephens, Tarrant, Wise, and Young).

         Following the confirmation of zebra mussels in Lake Belton, staff determined that a more proactive application of the regulation was necessary because the Interstate Highway 35 corridor, which traverses the basins of the Trinity, Brazos, Colorado, and Guadalupe rivers, facilitates relatively easy movement of vessels by large numbers of boaters and anglers and is therefore the most likely avenue by which zebra mussels would be spread from the basins where they are already known to exist. Therefore, in a rulemaking approved in January of 2014, the department added 30 more counties along the IH 35 corridor to the applicability of the current rule (Archer, Bastrop, Bell, Bosque, Burnet, Clay, Comal, Comanche, Coryell, Eastland, Ellis, Erath, Falls, Fayette, Freestone, Hamilton, Hays, Henderson (west of State Highway 19), Hill, Johnson, Leon, Limestone, Llano, McLennan, Navarro, Robertson, Somervell, Travis, Wichita, and Williamson).

         At the January 27, 2014, meeting of the Parks and Wildlife Commission, the commission determined that given the rapid movement of zebra mussels from the Oklahoma border to central Texas within a three-year period, the current “detect-and-respond” strategy should be replaced with a statewide rule that requires vessels approaching or leaving public fresh water (and receptacles aboard those vessels) to be drained. Therefore, the proposed rule would extend the applicability of the rule to all public fresh water, while retaining the exceptions currently in effect. Under the provisions of Parks and Wildlife Code, §66.0073, the department cannot require the draining of water from vessels approaching or leaving salt water.

2. Fiscal Note.

         Ken Kurzawski, Inland Fisheries Division Program Director, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

         Mr. Kurzawski also has determined that for each of the first five years the rules as proposed are in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be the protection of public waters from the injurious environmental and economic effects of invasive exotic species.

         (B) There will be no adverse economic effect on persons required to comply with the rules as proposed.

         (C) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. Since the proposed rules affect only those persons who approach or depart from a body of public water and there is no cost of compliance (because the rule requires only that water receptacles be drained), the department has determined that the proposed amendments will not impose any direct adverse economic effects on small businesses or microbusinesses. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (D) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

         (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comment.

         Comments on the proposed rule may be submitted to Ken Kurzawski, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4591 (e-mail: ken.kurzawski@tpwd.texas.gov).

5. Statutory Authority.

         The amendment is proposed under the authority of Parks and Wildlife Code, §66.0073, which authorizes the commission to adopt rules requiring a person leaving or approaching public water to drain from a vessel or portable container on board the vessel any water that has been collected from or has come in contact with public water.

         The proposed rule affects Parks and Wildlife Code, Chapter 66.

         §57.1001. Draining of Water from Vessels Leaving or Approaching Public Fresh Water. For the purposes of this section, “boat ramp” means a boat ramp, launch area, or access point that can be used to access public water, and includes parking areas, parking overflow areas, and any other area in the immediate vicinity of the ramp, launch, or access point where a vehicle, trailer, or vessel may be parked while waiting to launch or retrieve a vessel.

                 (1) General Provisions. Except as provided in paragraph (2) of this section, no person may use any public roadway other than a boat ramp to transport a vessel to or from a public water body in a county listed in paragraph (3) of this section unless all bilges, live wells, and other similar receptacles and systems holding or capable of holding water on board the vessel as a result of immersion in or transfer from the public water body have been drained.

                 (2) Exceptions. The provisions of paragraph (1) of this section do not apply to:

                         (A) a person travelling on a public roadway via the most direct route to another access point located on the same body of water, provided the beginning and ending of the travel occur within a single 24-hour period;

                         (B) government employees or persons under contract to a governmental entity in the performance of official duties that involve:

                                  (i) the use of a vessel to collect water in portable containers;

                                  (ii) the use of a vessel in an emergency response to a threat to human health or safety, or property;

                         (C) water contained in marine sanitary systems; or

                         (D) receptacles containing live bait purchased from a commercial bait seller, provided the person in possession of the water also possesses a dated receipt, bill of sale, or other written evidence that identifies the name and commercial location of the seller.

                 (3) This section applies to all public fresh water in Texas[Archer, Bastrop, Bell, Bosque, Burnet, Clay, Collin, Comal, Comanche, Cooke, Coryell, Dallas, Denton, Eastland, Ellis, Erath, Falls, Fannin, Fayette, Freestone, Grayson, Hamilton, Hays, Henderson (west of State Highway 19), Hill, Hood, Jack, Johnson, Kaufman, Leon, Limestone, Llano, McLennan, Montague, Navarro, Palo Pinto, Parker, Robertson, Rockwall, Somervell, Stephens, Tarrant, Travis, Wichita, Williamson, Wise, and Young counties].

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

            Issued in Austin, Texas on


Work Session Item No. 6
Presenter: Brandi Reeder

Work Session
Permits to Sell Nongame Fish Taken from Public Water
March 26, 2014

I.       Executive Summary:  This item seeks permission to publish a proposed amendment to rules governing permits to sell nongame fish taken from public fresh water. The proposed amendment would clarify the license and permit requirements for persons who sell certain species of nongame fish taken from public fresh water.

II.        Discussion: Under Parks and Wildlife Code, §67.0041, the department may issue permits for the taking, possession, propagation, transportation, sale, importation, or exportation of a nongame species of fish if necessary to properly manage that species. Under Parks and Wildlife Code, §47.002, no person may engage in business as a commercial fisherman (catching fish other than finfish for sale, barter, exchange, or any other commercial purpose) unless that person has obtained a commercial fisherman’s license. The current rule states that it is unlawful for person to catch for sale, sell or offer for sale nongame fish taken from the public fresh water of the state without a valid permit issued by the department authorizing that activity. Staff have determined that the current rule is problematic because it can been interpreted to require a person to possess only the nongame fish permit in order to sell nongame fish, and secondly, because it makes no exception for persons who hold wholesale or retail dealer permits that authorize the purchase and sale of fish by persons who did not necessarily catch the fish being bought and sold. The proposed amendment would clarify that a person who catches certain species of nongame fish and desires to sell the catch must hold both a commercial fisherman’s license and nongame fish permit, and exempts persons who hold a wholesale or retail dealer permit.

Attachments – 1

  1. Exhibit A – Proposed Rule

Work Session Item No. 6
Exhibit A

PERMITS TO SELL NONGAME FISH TAKEN FROM PUBLIC WATER

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes an amendment to §57.379, concerning Prohibited Acts.

         Under the provisions of Parks and Wildlife Code, §47.001(16), an aquatic product is defined as “any live or dead, uncooked, fresh or frozen aquatic animal life.” Under Parks and Wildlife Code, Chapter 67, any vertebrate or invertebrate wildlife not classified as game fish is a nongame species.  Therefore, all nongame fishes are aquatic product under the provisions of Parks and Wildlife Code, Chapter 47, and the licensing requirements contained in Chapter 47 apply to nongame fish. Specifically, under Parks and Wildlife Code, §47.002, a commercial fisherman’s license is required to engage in business as a commercial fisherman (defined by §47.001(1) as “a person who for the purpose of sale, barter, or exchange or any other commercial purpose catches aquatic products from the water of this state, except finfish”). Similarly, Parks and Wildlife Code, §47.014, provides that a bait dealer’s license is required to engage in business as a bait dealer (defined by §47.001(5) as “a person who catches and sells, minnows, fish, shrimp, or other aquatic products for bait or a place of business where minnows, fish, shrimp, or other aquatic products are sold, offer for sale, handled, or transported for sale for bait”).

         Parks and Wildlife Code, Chapter 67 also authorizes the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.  In 1991, the department promulgated regulations, including §57.379, under the authority of Chapter 67 to protect 26 species of nongame fishes. The regulations, which are still in effect, require a person who wishes to sell a listed species of nongame fish taken from public water to obtain a permit for that purpose from the department. Therefore, any person who wishes to harvest and sell a species of nongame fish listed in §57.378, concerning Applicability: Nongame Fishes, must have a permit issued under Chapter 67 and an appropriate license issued under Chapter 47.

         Confusion has arisen over the current wording of §57.379, which is being interpreted by some to mean that the species of nongame fish listed in §57.378 may not be sold by anyone unless the person possesses a permit under Chapter 57, Subchapter E. This interpretation is inconsistent; the holder of a wholesale or retail fish dealer’s permit may lawfully purchase and sell lawfully harvested aquatic products from anyone without having acquired any additional permit or license. Therefore, the proposed amendment would clearly separate those licenses that authorize harvest and sale from those licenses that authorize purchase and sale and make clear that the requirement for a permit under Chapter 57, Subchapter E is in addition to the statutory requirement to possess either a commercial fisherman’s license or a bait dealer’s license.

2. Fiscal Note.

         Brandi Reeder, Fisheries Law Administrator, has determined that for each of the first five years that the proposed rule is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rule.

3. Public Benefit/Cost Note.

         Ms. Reeder also has determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be rules that facilitate compliance and enforcement.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The proposed rules will not result in adverse economic effects on persons required to comply.

         (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comment

         Comments on the proposal may be submitted to Brandi Reeder, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4853; email: brandi.reeder@tpwd.texas.gov.

5. Statutory Authority

         The amendment is proposed under the authority of Parks and Wildlife Code, §67.004, which authorizes the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species; and §67.0041, which authorizes the department to issue permits for the taking, possession, propagation, transportation, sale, importation, or exportation of a nongame species of fish or wildlife if necessary to properly manage that species.

         The proposed rule affects Parks and Wildlife Code, Chapter 67.

6. Rule text.

         §57.379. Prohibited Acts. Except as exempted by this subchapter[these rules] it is unlawful for any person to:

                 (1) sell or offer for sale a nongame fish of the species listed in §57.378 of this title (relating to Applicability: Nongame Fishes) taken from the public fresh water of the state, unless the person:

                         (A) holds a valid general commercial fisherman’s license and/or individual bait dealer license (as applicable) and harvested the fish under a permit issued under this subchapter; or

                         (B) holds a valid license issued under the authority of Parks and Wildlife Code, Chapter 47, that authorizes the person to purchase and sell aquatic products[catch for sale, sell or offer for sale nongame fish taken from the public fresh water of the state without a valid permit issued by the department authorizing that activity];

                 (2) engage in activities authorized by the permit and fail to show on demand to a game warden or other authorized department employee a valid permit authorizing that activity;

                 (3) to retain or possess any game fish or nongame fish not listed in a valid permit while engaged in activities authorized by the permit;

                 (4) to fail to immediately return to the water any fish not listed in the permit caught while engaged in activities authorized by the permit; or

                 (5) violate any provision of the permit.

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s legal authority to adopt.

         Issued in Austin, Texas on


Work Session Item No. 9
Presenter: Alan Cain

Work Session
Deer Management and Triple T Permit Rules
March 26, 2014

I.      Executive Summary:  This item seeks permission to publish proposed changes to the regulations governing management of Deer Management Permit (DMP) and Trap, Transport, and Transplant Permit (“Triple T” permits) game animals and game birds. The proposed amendments would:

  • DMP
    • Require mandatory online reporting of liberation of deer from a DMP pen;
    • Allow replacement of buck in DMP pen in the event of mortality.
  • Triple T
    • Allow deer to be trapped and transported under a Triple T permit in the same year deer are release from a DMP pen.

II.     Discussion:  Parks and Wildlife Code (the Code), Chapter 43, Subchapter E, requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds (“Triple T” permits). Chapter 43, Subchapter R of the Code authorizes the Commission to issue and establish conditions for the use of a permit to manage deer on acreage enclosed by a fence capable of retaining white-tailed deer (deer management permit, or DMP).

Under the current DMP rules, the department specifies the latest date that deer can be kept in captivity under a permit and holders are not required to notify the department when deer are released. Staff has determined that requiring mandatory reporting of releases will allow the department to easily determine when permits have expired for purposes of determining the 30-day period that must transpire before deer can be trapped again under a new DMP. DMP holders are currently authorized to introduce buck deer to a DMP pen for breeding purposes. The current rules do not address the replacement of buck deer that die within a DMP pen. Staff sees no reason not allow the introduction of replacement bucks.

Current Triple T rules prohibit the issuance of a Triple T permit for a property in the same permit year that deer held under a DMP have been released on the property. Staff has determined that this requirement is no longer necessary.

Attachments – 2

  1. Exhibit A – Proposed Rule - DMP
  2. Exhibit B – Proposed Rule - Triple T permit

Work Session Item No. 9
Exhibit A

DEER MANAGEMENT PERMIT RULES

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes amendments to §65.132, 65.135, and §65.136, concerning Deer Management Permit (DMP).

         The proposed amendment to §65.132, concerning Permit Application, would eliminate language that is no longer meaningful and clarify the period of validity of a DMP. Current subsection (a) stipulates that incomplete applications for a DMP will be returned to the applicant and will not be processed until complete. The department has migrated to a completely electronic permit application process that will not accept a DMP application that is incomplete, making the current rule text regarding incomplete applications inapplicable.  Therefore the proposed amendment would remove the reference to the return of incomplete applications. Current subsection (b) stipulates that a DMP is valid from the date of issuance through the last release date authorized on the permit. The department wishes to clarify that permit validity ceases when deer held under a DMP are released. The department wishes to prevent the provision from being misinterpreted to mean that if deer are released prior to the expiration date indicated on the permit, additional trapping and breeding activities are authorized. Therefore, the proposed amendment would clarify that a DMP is valid through the last release date authorized on the permit or the day that release occurs, whichever comes first.

         The proposed amendment to §65.135, concerning Detention of Deer, would allow the replacement of buck deer that die within a DMP pen through January 31 of the permit year. The department has been contacted by a permit holder who inquired as to the legality of replacing buck deer that die within a DMP. The permit holder was concerned that if a buck were to die before being able to breed the does in a DMP pen, the expense and trouble of the permitted activities would be fruitless. The department reasons that since DMP activities are authorized for a specific place and time under a department-approved deer management plan, there are no biological or enforcement concerns associated with allowing the replacement of buck deer through January 31 in the event of mortality. Therefore, the proposed amendment would allow the replacement of a dead buck in a DMP pen, following notification of the department and provided the buck was obtained by trapping on the acreage for which the DMP was issued, from the holder of a permit to trap, transport, and transplant game animals and game birds (provided the DMP is an authorized release site under the permit), or the holder of a deer breeder permit (provided the DMP holder’s deer management plan authorizes the introduction of deer from a deer breeder facility). The caveats regarding the sources of replacement deer are necessary to ensure that deer introduced to a DMP pen are not unlawfully obtained. The notification requirement is necessary to ensure that department records reflecting the number and disposition of deer held under a DMP are accurate and to ensure compliance with the requirement that no more than one buck deer be in a DMP pen at any time.

         The proposed amendment to §65.136, concerning Release of Deer, would alter subsection (c) to reiterate that a DMP expires when deer are released, as discussed earlier in this preamble. The proposed amendment would add new subsection (e) to require a DMP holder to notify the department within 24 hours of the release of deer from a DMP pen. Under current rule, DMP holders are not required to notify the department when deer are released. When a DMP is issued, the department specifies the last day that deer can be retained in the DMP pen, but this does not prohibit a DMP holder from releasing dear prior to that date. Because the period of validity of a DMP terminates when deer are released, the potential exists for the department to be unaware that permit activities have concluded prior to the expiration date on the permit, which could cause confusion and misunderstandings. Therefore, in order to ensure that department records are kept as current as possible for purposes of efficient administration and enforcement, the proposed amendment would specify that a DMP holder notify the department by no later than 24 hours following the release of deer from a DMP pen.

2. Fiscal Note.

         Alan Cain, White-tailed Deer Program Leader, has determined that for each of the first five years that the proposed rules are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rules.

3. Public Benefit/Cost Note.

         Mr. Cain also has determined that for each of the first five years the rules as proposed are in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be the increased efficiency of programs authorizing the management of a public resource.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the rules do not directly affect any small business or microbusiness; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

         There also will be no adverse economic effect on persons required to comply with the rules as proposed.

         (C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department has determined that the rules as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2008, as a result of the proposed rules.

4. Request for Public Comment.

         Comments on the proposed amendments may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; email: robert.macdonald@tpwd.texas.gov.

5. Statutory Authority.

         The amendments are proposed under Parks and Wildlife Code, §43.603, which authorizes the commission to establish conditions for the deer management permit.

         The proposed amendments affect Parks and Wildlife Code, Chapter 43.

         §65.132. Permit Application.

                 (a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees). Incomplete applications [will be returned to the applicant and] will not be processed until complete. A DMP will not be issued unless the applicant’s deer management plan has been approved by a Wildlife Division technician or biologist assigned to write wildlife management plans.

                 (b) A permit under this subchapter is valid from the date of issuance through the last release date authorized under the permit or the date that release occurs, whichever comes first.

                 (c) – (g) (No change.)

         §65.135. Detention of Deer.

                 (a) No trapping of deer under a DMP may take place between December 15 and August 31 of any year.

                 (b) The holder of valid DMP may replace a buck deer that dies in a DMP pen after being lawfully introduced, provided such replacement takes place no later than January 31. The source of a buck deer introduced to a DMP pen under the provisions of this subsection must be:

                         (1) the acreage for which the DMP was issued;

                         (2) the holder of a valid permit issued under the provisions of Subchapter C of this chapter (relating to Permits to Trap, Transport, and Transplant Game Animals and Game Birds) that authorizes the destination DMP pen as the release site ; or

                         (3) the holder of a valid permit held under the provisions of Subchapter T of this chapter (relating to Deer Breeder Permits), if the DMP holder’s deer management plan authorizes the introduction of deer from a deer breeder facility.

                 (C) The replacement of deer under the provisions of subsection (b) of this section may not take place until the department has been notified that:

                         (1) the death of a buck deer in a DMP pen has occurred; and

                         (2) the DMP holder intends to replace the dead buck deer.

         §65.136. Release of Deer.

                 (a) Release of deer shall be effected by removing, for a total of at least 20 feet, those components of a pen that serve to maintain deer in a state of detention within the pen; however, no opening shall be less than 10 feet in width. Such components shall be removed for no fewer than 30 consecutive days.

                 (b) At any time that components of a pen are removed or manipulated for the purposes of releasing wild deer, all externally provided food and water (i.e., food or water that does not naturally occur at the site) shall be removed or made inaccessible to deer for no fewer than 30 days.

                 (c) All deer within a DMP pen shall be released on or before the date specified for the facility by the department. The period of validity for a DMP terminates when deer are released under the provisions of this section.

                 (d) Except for deer authorized by the department for release elsewhere under a permit to trap, transport, and transplant game animals and game birds, all deer released from a DMP pen shall be released directly into the pasture where they were captured for the purposes of activities under this subchapter.

                 (e) The holder of a DMP shall notify the department no later than 24 hours following the release of deer under this section. The notification shall be via the department’s Internet-based notification application.

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on


Work Session Item No. 9
Exhibit B

PERMITS TO TRAP, TRANSPORT, AND TRANSPLANT

GAME ANIMALS AND GAME BIRDS

PROPOSAL PREAMBLE

1.  Introduction.

         The Texas Parks and Wildlife Department (the department) proposes an amendment to §65.103, concerning Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds (popularly known as “Triple T” permits). The proposed amendment would remove subsection (h), which prohibits the issuance of a Triple T permit for a property if deer have been released on that property under a Deer Management Permit in the same permit year. In reviewing the Triple T regulations, staff has determined that so long as a property meets the criteria established in §65.103, concerning Trap, Transplant, and Transport Permit, it is immaterial that deer have been released there under a DMP, because unless the buck deer in a DMP pen came from a TTT release or a deer breeder, the deer trapped for DMP purposes come from the same property. The proposed amendment will reduce administrative burdens on department staff and offer greater flexibility to landowners and land managers.

2. Fiscal Note.

         Alan Cain, White-tailed Deer Program Leader, has determined that for each of the first five years the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.

3. Public Benefit/Cost Note.

         Mr. Cain also has determined that for each of the first five years the rule as proposed is in effect:

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the rules do not directly affect any small business or microbusiness; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

         There also will be no adverse economic effect on persons required to comply with the rules as proposed.

         (C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department has determined that the rules as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2008, as a result of the proposed rules.

4. Request for Public Comment.

         Comments on the proposed rule may be submitted to Mr. Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775, e-mail: robert.macdonald@tpwd.state.tx.us.

5. Statutory Authority.

         The amendment is proposed under Parks and Wildlife Code, §43.061, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds.

         The proposed amendment affects Parks and Wildlife Code, Chapter 43.

6. Rule Text.

         §65.103. Trap, Transport, and Transplant Permit (Triple T).

                 (a) Applications may be approved without an inspection, provided the property has been issued Level II or Level III MLD Permits during the year of the release, the landowner furnishes a minimum of three years of population data and two years of harvest data, and is in compliance with all requirements of the wildlife management plan for the property;

                         (1) the number of deer to be trapped (in addition to the number of deer harvested) does not exceed the population reduction specified in the wildlife management plan for the trap site; and

                         (2) the number of deer to be released does not cause the total population of deer on the release site to exceed the total population size specified in a management plan under the provisions of §65.25 of this title (relating to Wildlife Management Plan (WMP)).

                 (b) Applications received by the department between September 1 and November 15 in a calendar year shall be approved or denied within 45 days of receipt. Permits for the current trapping year will not be issued for applications received later than the first business day after January 1. To be processed, an application must contain, at a minimum, the following information as specified on department form PWD 1135A (Trap, Transport, and Transplant Permit Application):

                         (1) trap site information;

                         (2) release site information;

                         (3) the number of deer to be trapped at each trap site; and

                         (4) the number of deer to be released at each release site.

                 (c) The department may deny a permit application if the department determines that:

                         (1) the removal of game animals or game birds from the trap site may be detrimental to existing populations or systems;

                         (2) the removal of game animals or game birds may detrimentally affect the population status on neighboring properties;

                         (3) the release of game animals or game birds at the release site may be detrimental to existing populations or systems;

                         (4) the release site is outside of the suitable range of the game animal or game bird;

                         (5) the applicant has misrepresented information on the application or associated wildlife stocking plan;

                         (6) the activity identified in the permit application does not comply with the provisions of the department’s stocking policy; or

                         (7) the trapping activity would involve deer held under a Deer Management Permit.

                 (d) A buck deer transported under the provisions of this subchapter shall have its antlers removed prior to transport.

                 (e) The department may establish trapping periods, based on biological criteria, when the trapping, transporting, and transplanting of game animals and game birds under this section by individuals will be permitted.

                 (f) The department may, at its discretion, require the applicant to supply additional information concerning the proposed trapping, transporting, and transplanting activity when deemed necessary to carry out the purposes of this subchapter.

                 (g) Game animals and game birds killed in the process of conducting permitted activities shall count as part of the total number of game animals or game birds authorized by the permit to be trapped.

                 [(h) No permit shall be issued for any trapping activity on a property or portion of a property if deer held under a Deer Management Permit have been released on the property or portion of the property in the same permit year.]

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on


Work Session Item No. 10
Presenter: Shaun Oldenburger

Work Session
2014-2015 Migratory Game Bird Proclamation
March 26, 2014

I.       Executive Summary:  This item:

  • Provides an overview of the state/federal management process for migratory game birds;
  • Apprises the Commission of anticipated and potential changes to migratory game bird regulations as a result of the federal regulatory process; and
  • Presents staff recommendations for 2014-2015 migratory game bird seasons.

II.     Discussion:  Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within U.S. Fish and Wildlife Service (Service) frameworks is delegated to the Commission under Chapter 64, Subchapter C, Parks and Wildlife Code. Parks and Wildlife Code, §64.022, and 31 Texas Administrative Code, §65.313 authorize the Executive Director, after notification of the Chairman, to engage in rulemaking.  At present, the U.S. Fish and Wildlife Service (Service) has not issued the annual regulatory frameworks for migratory game birds. Typically, the Service issues the preliminary early-season (dove, teal, snipe, rails, gallinules) frameworks in late June and the preliminary late-season (ducks, geese, cranes) frameworks in early August.  The Service typically issues the final early-season frameworks in early August and the final late-season frameworks in late September.  Because no Commission meetings occur between May and August, the early-season regulations are adopted by the Executive Director in early July.

Attachments – 1

  1. Exhibit A – Proposed Rules

Work Session Item No. 10
Exhibit A

2014-2015 MIGRATORY GAME BIRD PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.315, and 65.318-65.321, concerning the Migratory Game Bird Proclamation.

         The United States Fish and Wildlife Service (Service) issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks, but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022, authorizes the  Commission to delegate rulemaking authority to the Executive Director.  Department regulations (31 Texas Administrative Code §65.313(f)) authorize the Executive Director, after notification of the Chairman of the Commission, to engage in rulemaking.

         At present, the Service has not issued either of the annual regulatory frameworks for migratory game birds. Typically, the Service issues the preliminary early-season (dove, teal, snipe, woodcock, rails, gallinules) frameworks in late June and the preliminary late-season (ducks, geese, cranes) frameworks in early August. The Service typically issues the final early-season frameworks in early August and the final late-season frameworks in late September. Because no Commission meetings occur between May and August, the early-season regulations are adopted by the Executive Director in early July.

         The proposed amendment to §65.315, concerning Open Seasons and Bag and Possession Limits — Early Season, would adjust the season dates for early-season migratory game birds other than doves to allow for calendar shift (i.e., to ensure that seasons open on the desired day of the week, since dates from a previous year do not fall on the same days in following years).  With regard to doves, the proposed amendment would adjust the season dates to allow for calendar shift in all three dove zones. In addition, in the Special White-winged Dove Area (SWWDA) and the North and Central zones, the fall segments would begin as they have in the past (while accounting for calendar shift); however, the winter segment would end earlier than last year (by two days in the North and Central zones, and by three days in the SWWDA) and those days would then be added to the end of the fall segment to ensure that the season closes on a Sunday. Last year, in an effort to provide additional hunting opportunity around the Christmas holiday, a change was made to move days from the fall segment to the winter segment.  As a result, last year, the fall segment ended on a Wednesday, rather than a Sunday.  The department received a number of complaints from hunters, landowners, and land managers that ending the fall segment in the middle of the week is confusing. In addition, the department issued a number of warning citations for hunting out of season on the dates that were previously part of the fall segment.

         The proposed amendment to §65.315 also would implement a 16-day statewide teal season to run from September 13-28, 2014, which must be approved by the Service before it can be implemented. If the Service does not approve a 16-day season, the department would instead adopt a 9-day season to run from September 20-28, 2014. The department cautions that the federal frameworks could alter the total number of days for teal hunting if population data warrant. By federal rule, the number of days in the September teal season count against the 107 days of total hunting opportunity allowed for ducks, coots, and mergansers. In addition, the proposed amendment would implement a 16-day early Canada goose season in the Eastern Zone to run from September 13-28, 2014 (with the proviso that if a nine-day teal season is selected,  the early Canada goose season would run concurrently).

         The proposed amendment to 65.318, concerning Open Seasons and Bag and Possession Limits — Late Season, would retain the season structure and bag limits from last year for all species and adjust the season dates to account for calendar shift. The proposed amendment also would correct a typographical error regarding the possession limit for sandhill crane in Zone C. The possession limit is three times the daily bag limit and should by six, rather than 12.

         The proposed amendment to §65.319, concerning Extended Falconry Season — Early Season Species, would adjust season dates to reflect calendar shift.

         The proposed amendment to §65.320, concerning Extended Falconry Season — Late Season Species, would adjust season dates to reflect calendar shift.

         The proposed amendment to §65.321, concerning Special Management Provisions, would adjust the dates for the conservation season on light geese to account for calendar shift.

         The proposed amendments are generally necessary to implement commission policy to provide the greatest hunter opportunity possible, consistent with hunter and landowner preference for starting dates and segment lengths, under frameworks issued by the Service. The Service has not issued regulatory frameworks for the 2014-2015 hunting seasons for migratory game birds; thus, the department cautions that the proposed regulations are tentative and may change significantly, depending on federal actions prior to the release of the early-season frameworks in late June and the late-season frameworks in August. However, it is the policy of the commission to adopt the most liberal provisions possible, consistent with hunter preference, under the Service frameworks in order to provide maximum hunter opportunity.

2. Fiscal Note.

         Clayton Wolf, Wildlife Division Director, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.

3. Public Benefit/Cost Note.

         Mr. Wolf also has determined that for each of the first five years the proposed rules are in effect:

         (A) The public benefit anticipated as a result of enforcing the rules as proposed will be the department’s discharge of its statutory obligation to manage and conserve the state’s populations of migratory game birds for the use and enjoyment of the public, consistent with the principles of sound biological management.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird resources in this state and therefore do not directly affect small businesses or micro-businesses. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

         There also will be no adverse economic effect on persons required to comply with the rules as proposed.

         (C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department has determined that the rules as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2008, as a result of the proposed rules.

4. Request for Public Comment.

         Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4775 or 1-800-792-1112 (e-mail: robert.macdonald@tpwd.state.tx.us).

5. Statutory Authority.

         The amendments are proposed under Parks and Wildlife Code, Chapter 64, which authorizes the Commission and the Executive Director to provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds.

         The proposed amendments affect Parks and Wildlife Code, Chapter 64.

6. Rule Text.

         §65.315. Open Seasons and Bag and Possession Limits — -Early Season.

                 (a) Rails.

                         (1) Dates: September 13-28, 2014 and November 1 — December 24, 2014[14 — 29, 2013 and November 2 — December 25, 2013].

                         (2) Daily bag and possession limits:

                                  (A) king and clapper rails: 15 in the aggregate per day; 45 in the aggregate in possession.

                                  (B) sora and Virginia rails: 25 in the aggregate per day; 75 in the aggregate in possession.

                 (b) Dove seasons.

                         (1) North Zone.

                                  (A) Dates: September 1 — October 26, 2014 and December 20, 2014 — January 2, 2015[September 1 — October 23, 2013 and December 20, 2013 — January 5, 2014].

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (2) Central Zone.

                                  (A) Dates: September 1 — October 26, 2014 and December 20, 2014 — January 2, 2015[September 1 — October 23, 2013 and December 20, 2013 — January 5, 2014].

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (3) South Zone.

                                  (A) Dates: Except in the special white-winged dove area as defined in §65.314 of this title (relating to Zones and Boundaries for Early Season Species), September 19 — October 26, 2014 and December 20, 2014 — January 20, 2015[September 20 — October 27, 2013 and December 20, 2013 — January 20, 2014].

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (4) Special white-winged dove area.

                                  (A) Dates: September 6, 7, 13, and 14, 2014[1, 2, 7, and 8, 2013].

                                          (i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped doves per day.

                                          (ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 mourning doves and 6 white-tipped doves in possession.

                                  (B) Dates: September 19 — October 26, 2014 and December 20, 2014 — January 16, 2013[September 20 — October 23, 2013 and December 20, 2013 — January 20, 2014].

                                          (i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two white-tipped doves per day;

                                          (ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 white-tipped doves in possession.

                 (c) Gallinules.

                         (1) Dates: September 13-28, 2014 and November 1 — December 24, 2014[September 14 — 29, 2013 and November 2 — December 25, 2013].

                         (2) Daily bag and possession limits: 15 in the aggregate per day; 45 in the aggregate in possession.

                 (d) September teal-only season.

                         (1) Dates: September 13 — 28, 2014[September 14 — 29, 2013].

                         (2) Daily bag and possession limits: six in the aggregate per day; 18 in the aggregate in possession.

                 (e) Red-billed pigeons, and band-tailed pigeons. No open season.

                 (f) Shorebirds. No open season.

                 (g) Woodcock: December 18, 2014 — January 31, 2015[December 18, 2013 — January 31, 2014]. The daily bag limit is three. The possession limit is nine.

                 (h) Wilson’s snipe (Common snipe): November 1, 2014 — February 15, 2015[November 2, 2013 — February 16, 2014]. The daily bag limit is eight. The possession limit is 24.

                 (i) Canada geese: September 13 — 28, 2014[September 14 — 29, 2013] in the Eastern Goose Zone as defined in §65.317(b) of this title (relating to Zones and Boundaries for Late Season Species). The daily bag limit is three. The possession limit is nine.

                 §65.318. Open Seasons and Bag and Possession Limits — Late Season. Except as specifically provided in this section, the possession limit for all species listed in this section shall be three times the daily bag limit.

                         (1) Ducks, mergansers, and coots. The daily bag limit for ducks is six, which may include no more than five mallards (only two of which may be hens); three wood ducks; three scaup (lesser scaup and greater scaup in the aggregate); two redheads; two pintail; two canvasbacks; and one "dusky" duck (mottled duck, Mexican like duck, black duck and their hybrids) during the seasons established in subparagraphs (A)(ii), (B)(ii), and (C)(ii) of this paragraph. For all other species not listed, the bag limit shall be six. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than two hooded mergansers.

                                  (A) High Plains Mallard Management Unit:

                                          (i) all species other than "dusky ducks": October 25 — 26, 2014 and October 31, 2014 — January 25, 2015[October 26 — 27, 2013 and November 1, 2013 — January 26, 2014].

                                          (ii) "dusky ducks": November 3, 2014 — January 25, 2015[November 4, 2013 — January 26, 2014].

                                  (B) North Zone:

                                          (i) all species other than "dusky ducks": November 1 — December 7, 2014 and December 20, 2014 — January 25, 2015[November 2 — December 8, 2013 and December 21, 2013 — January 26, 2014].

                                          (ii) "dusky ducks": November 6 — December 7, 2014 and December 20, 2014 — January 25, 2015[November 7 — December 8, 2013 and December 21, 2013 — January 26, 2014].

                                  (C) South Zone:

                                          (i) all species other than "dusky ducks": November 1 — 30, 2014 and December 13, 2014 — January 25, 2015[November 2 — December 1, 2013 and December 14, 2013 — January 26, 2014].

                                          (ii) "dusky ducks": November 6 — November 30, 2014 and December 13, 2014 — January 25, 2015[November 7 — December 1, 2013 and December 14, 2013 — January 26, 2014].

                         (2) Geese.

                                  (A) Western Zone.

                                          (i) Light geese: November 1, 2014 — February 1, 2015[November 2, 2013 — February 2, 2014]. The daily bag limit for light geese is 20, and there is no possession limit.

                                          (ii) Dark geese: November 1, 2014 — February 1, 2015[November 2, 2013 — February 2, 2014]. The daily bag limit for dark geese is five, to include no more than one white-fronted goose.

                                  (B) Eastern Zone.

                                          (i) Light geese: November 1, 2014 — January 25, 2015[November 2, 2013 — January 26, 2014]. The daily bag limit for light geese is 20, and there is no possession limit.

                                          (ii) Dark geese:

                                                   (I) White-fronted geese: November 1, 2014 — January 11, 2015[November 2, 2013 — January 12, 2014]. The daily bag limit for white-fronted geese is two.

                                                   (II) Canada geese: November 1, 2014 — January 25, 2015[November 2, 2013 — January 26, 2014]. The daily bag limit for Canada geese is three.

                         (3) Sandhill cranes. A free permit is required of any person to hunt sandhill cranes in areas where an open season is provided under this proclamation. Permits will be issued on an impartial basis with no limitation on the number of permits that may be issued.

                                  (A) Zone A: November 1, 2014 — February 1, 2015[November 2, 2013 — February 2, 2014]. The daily bag limit is three. The possession limit is nine.

                                  (B) Zone B: November 21, 2014 — February 1, 2015[November 22, 2013 — February 2, 2014]. The daily bag limit is three. The possession limit is nine.

                                  (C) Zone C: December 20, 2014 — January 25, 2015[December 21, 2013 — January 26, 2014]. The daily bag limit is two. The possession limit is six[12].

                         (4) Special Youth-Only Season. There shall be a special youth-only waterfowl season during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 15 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this chapter (relating to Extended Falconry Season — Late Season Species). Bag and possession limits in any given zone during the season established by this paragraph shall be as provided for that zone by paragraphs (1) and (2) of this section. Season dates are as follows:

                                  (A) High Plains Mallard Management Unit: October 18-19, 2014[October 19 — 20, 2013];

                                  (B) North Zone: October 25 — 26, 2014[October 26 — 27, 2013]; and

                                  (C) South Zone: October 25-26, 2014[October 26 — 27, 2013].

         §65.319. Extended Falconry Season — Early Season Species.

                 (a) It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons:

                          (1) mourning doves, white-winged doves and white-tipped doves: November 8- December 14, 2014[November 9 — December 15, 2013].

                         (2) rails and gallinules: January 26 — February 9, 2015[January 27 — February 10, 2014].

                         (3) woodcock: January 26 — February 9, 2015[January 27 — February 10, 2014].

                 (b) The daily bag and possession limits for migratory game birds under this section shall not exceed three and nine birds respectively, singly or in the aggregate.

         §65.320. Extended Falconry Season — Late Season Species. It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons.

                 (1) Ducks, coots, and mergansers:

                         (A) High Plains Mallard Management Unit: no extended season;

                          (B) North Duck Zone: January 26 — February 9, 2015[January 27 — February 10, 2014];

                         (C) South Duck Zone: January 26 — February 9, 2015[January 27 — February 10, 2014].

                 (2) The daily bag and possession limits for migratory game birds under this section shall not exceed three and nine birds, respectively, singly or in the aggregate.

         §65.321. Special Management Provisions. The provisions of paragraphs (1) — (3) of this section apply only to the hunting of light geese. All provisions of this subchapter continue in effect unless specifically provided otherwise in this section; however, where this section conflicts with the provisions of this subchapter, this section prevails.

                 (1) – (3) (No change.)

                 (4) Special Light Goose Conservation Period.

                         (A) From January 26 — March 22, 2015[January 27 — March 23, 2014], the take of light geese is lawful in Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

                         (B) From February 2 — March 22, 2015[February 3 — March 23, 2014], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title.

                         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on


Work Session Item No. 14
Presenter: Ann Bright

Work Session
Legal Issues Regarding Hunting Blinds on State Parks and Wildlife Management Areas
(Executive Session Only)
March 26, 2014

I. Executive Summary: Legal staff will present information and advice on issues regarding the placement of hunting blinds on State Parks and Wildlife Management Areas.

Work Session Item No. 15
Presenter: Ann Bright

Work Session Agenda Item No. 15
Oil and Gas Development at the Chaparral Wildlife Management Area
(Executive Session Only)
March 26, 2014

I. Executive Summary: Legal staff will present information and advice on issues regarding oil and gas development at the Chaparral Wildlife Management Area.


Work Session Item No. 16
Presenter: Ann Bright

Work Session Agenda Item No. 16
Deer Breeder Litigation
(Executive Session Only)
March 26, 2014

I. Executive Summary: Legal staff will present information and advice on issues regarding a pending lawsuit filed by a deer breeder challenging the implementation of the deer disposition protocol and seeking a review of the nonrenewal his deer breeder permit pursuant to Texas Parks and Wildlife Code §12.606, as added by SB 820, 83rd Texas Legislature (2013).


Work Session Item No. 17
Presenter: Ann Bright

Work Session Agenda Item No. 17
Legal Issues Regarding East Texas Fish Hatchery
(Executive Session Only)
March 26, 2014

I. Executive Summary: Legal staff will present information and advice on legal issues regarding the East Texas Fish Hatchery.