Commission Agenda Item No. 3
Exhibit A

2017-2018 STATEWIDE HUNTING PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department, or TPWD) proposes amendments to §65.40 and §65.64, concerning the Statewide Hunting Proclamation.

        The proposed amendment to §65.40, concerning Pronghorn Antelope, would expand the current experimental season for the take of buck pronghorn antelope to additional areas in the Texas Panhandle. Under Parks and Wildlife Code, §61.057, no person may hunt an antelope without first having acquired an antelope permit issued by the department. Under Parks and Wildlife Code, §61.051, the department is required to conduct scientific studies and investigations of game animals to determine, among other things, supply, sex ratios, and the effects of any factors or conditions causing increases or decreases in supply. Under Parks and Wildlife Code, §61.052, the commission is required to regulate the means, methods, places, and periods of time when it is lawful to hunt or possess game animals. Until 2013, all take of pronghorn antelope was by permit only. The department manages pronghorn antelope populations by the concept of the “herd unit.” A herd unit is an area containing similar pronghorn densities (during the timeframe of population surveys) and habitats.  Some herd units are bounded by natural or man-made barriers that prevent or inhibit immigration/emigration.  Other herd units are bounded by man-made infrastructure that facilitates a descriptive boundary but does allow immigration/emigration.  The department conducts population surveys and collects harvest data annually to determine the percentage of each herd unit that may be harvested each year without causing depletion or waste. Permits are then issued to landowners, who distribute them to hunters at their discretion. Over the last 10-15 years, pronghorn antelope populations in portions of the northern Panhandle have increased steadily and continue to expand their range.  As a result, permit demand has increased and staff time accommodating that demand has increased accordingly. In response, the department in 2013 implemented an experimental season in three herd units where staff believe that buck populations could sustain additional hunting pressure. Under the experimental regulations, the bag limit and season length were retained; however, no permits for buck pronghorn antelope were issued to the landowners within the areas affected by the experimental season. Instead, the harvest of buck pronghorn antelope in those areas were conducted at the discretion of landowners. The proposed amendment would place additional areas under the effectiveness of the experimental season and would merge current Areas 1 and 3. In order to measure the impact of the experiment and to assist law enforcement personnel in identifying lawfully taken pronghorn antelope, the department would continue to require hunters to obtain a permit from the department, attach it to harvested bucks, and present each harvested buck at a department-designated check station. The intent of the proposed amendment is to reduce the amount of time spent on permit issuance by staff, increase hunter opportunity, and provide greater convenience for landowners, hunters, and outfitters.

        The proposed amendment to §65.64, concerning Turkey would clarify eastern turkey seasons on U.S. National Forest lands in Jasper County, correct an error in the late spring youth-only season length, eliminate the option for hunters to present harvested eastern turkey at department-designated check stations, and reword the roadway definition that delineates the north and south turkey zones in Val Verde County in the interests of clarity.

        In 2015, the department closed the season for eastern turkey on National Forest lands in Jasper County. The department has since discovered that a small portion of the Sabine National Forest, jointly managed by the department as part of the Moore Plantation Wildlife Management Area, lies within Jasper County and the eastern turkey season was not intended to have been closed. The proposed amendment would correct that oversight. In 2015 the department also extended the length of the fall youth-only turkey season from two days to 14 days, but inadvertently included the late spring youth-only season, which was not intended. The proposed amendment would rectify that oversight as well.  Department regulations in effect since 1994 require hunters to report the harvest of eastern turkey. Until 2013, this requirement could only be satisfied by presenting a harvested bird in person at a department-designated check station within 24 hours of take. In 2014 the department altered the regulation to allow hunters the option of complying with the reporting requirement by use of a mobile application, which has been effective to the point that the department no longer has a need to establish physical check stations. Therefore, the proposed amendment would eliminate that option and require all mandatory reporting of harvested eastern turkey to be done via the mobile application.

2. Fiscal Note.

        Mr. Clayton Wolf, Wildlife Division 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 or local governments as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

        Mr. Wolf 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 dispensation of the agency’s statutory duty to protect and conserve the wildlife resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunities within the precepts of sound biological management practices.

        (B) There will be no adverse economic effect on persons required to comply with the rule 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 and micro-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 department has determined that the proposed rule will not directly affect small businesses or micro-businesses. Therefore, the department therefore has not prepared the economic impact statement or regulatory flexibility analysis described in 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.

        (F) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.

4. Request for Public Comment.

        Comments on the proposed rules may be submitted by phone or e-mail to Robert Macdonald (512) 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744. Comments also may be submitted via the department’s website at http://www.tpwd.state.tx.us/business/feedback/public_comment/.

5. Statutory Authority.

        The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 42, which allows the department to issue tags for animals allowed by law to be killed during each year or season, including antelope and turkey; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

        The proposed amendments affect Parks and Wildlife Code, Chapters 42 and 61.

6. Rule Text.

        §65.40. Pronghorn Antelope: Open Seasons and Bag Limits.

                 (a) In all counties there is a general open season for pronghorn antelope for nine consecutive days beginning the Saturday nearest October 1, and the annual bag limit is one pronghorn antelope.

                 (b) A person who kills a pronghorn antelope shall immediately and legibly complete and attach a pronghorn antelope permit to the carcass, which shall remain attached until the carcass reaches a final destination.

                 (c) In any area of this state that is not within an area described in subsection (d) of this section, a person who hunts pronghorn antelope shall acquire the pronghorn antelope permit from the landowner of the property on which the hunting activity occurs.

                 (d) Within the boundaries of an area described in this subsection, no landowner-issued permit is required to hunt buck pronghorn antelope; however, no person may hunt a buck pronghorn antelope unless that person has obtained a buck pronghorn antelope permit from the department.

                         (1) Area 1. That portion of the state south of a line beginning at the intersection of U.S. Highway (U.S.) 87 and U.S. 54 in the City of Dalhart in Dallam County; thence northeast along U.S. 54 to U.S. 287 in the City of Stratford in Sherman County; thence southeast along U.S. 287 to the intersection of State Highway (S.H.) 354 in Moore County; thence west along S.H. 354 to U.S. 385 in Hartley County; thence northwest along U.S. 385/87 to intersection of U.S. 87 and U.S. 54 in the City of Dalhart in Dallam County.[That portion of the state north of a line beginning at the intersection of U.S. Highway (U.S.) 87 and Farm to Market Road (F.M.) 281 in Hartley County; thence east along F.M. 281 to U.S. 287 in Moore County; thence north along U.S. 287 to F.M. 2014 in Sherman County; thence southwest along F.M. 2014 to South Cedar Street in the City of Stratford in Sherman County; thence northwest along South Cedar Street to U.S. 54 in Sherman County; thence southwest along U.S. 54 to Elks Road in the City of Dalhart in Dallam County; thence south along Elks Road to Ranch Road (R.R.) 297 in Dalhart, Dallam County; thence east along R.R. 297 to Rawlings Road/Robertson Road; thence south on Rawlings Road/Robertson Road to U.S. 87 in Hartley County; thence south along U.S. 87 to F.M. 281 in Hartley County.]

                         (2) Area 2. That portion of the state south of a line beginning at the intersection of S.H. 70 and Canadian River in Roberts County; thence east along the Canadian River to U.S. 60 in Hemphill County; thence southwest along U.S. 60/83 to Ranch Road (R.R.) 3367 in Roberts County; thence southeast along R.R. 3367 to County Road (C.R.) W; thence east along C.R. W to Neece Road in Hemphill County; thence south along Neece Road to C.R. Z; thence east along C.R. Z to U.S. 83; thence south along U.S. 83 to C.R. A in Wheeler County; thence west along C.R. A to F.M. 48; thence south along F.M. 48 to S.H. 152/W. Oklahoma Ave; thence west along S.H. 152/W. Oklahoma Ave to R.R. 2857 in Gray County; thence south along R.R. 2857 to Ranch to Market (R.M.) 1321; thence west along R.M. 1321 to S.H. 273; thence west/northwest along S.H. 273 to S.H. 171 Loop; thence north along S.H. 171 Loop to S.H. 70; thence north along S.H. 70 to the Canadian River in Roberts County. [That portion of the state south of a line beginning at the intersection of U.S. 87 and U.S. 385 in Hartley County; thence east along U.S. 87 to S. Twichell Ave. in the City of Dumas in Moore County; thence south along S. Twichell Ave. to W. 16th St.; thence eastward along W. 16th St. to the first unnamed dirt road; thence south and then east along the unnamed dirt road to S. Dumas Ave./U.S. 87/287; thence south along S. Dumas Ave./U.S. 87/287 to State Highway (S.H.) 354; thence west along S.H. 354 to Alabama Ave. in the City of Channing in Hartley County, thence north along Alabama Ave. to E. 4th St.; thence west along E. 4th St. to U.S. 385; thence north along U.S. 385 to the intersection of U.S. 385 and U.S. 87.]

                         [(3) Area 3. That portion of the state north of a line beginning at the intersection of U.S. 70 and S.H. 171 in Gray County; thence southeast along S.H. 171 to U.S. 60 in Gray County; thence northeast along U.S. 60 to F.M. 282 in Roberts County; thence west along F.M. 282 to F.M. 283 in Roberts County; thence northwest along F.M. 283 to U.S. 70 in Roberts County; thence south along U.S. 70 in Roberts County to S.H. 171 in Gray County.]

                 (e) The department may establish mandatory check stations in the areas described in subsection (d) of this section. If check stations have been established, a person who kills a buck pronghorn antelope or the person’s representative must present the entire, intact head at a check station within 24 hours of take.

        §65.64. Turkey.

                 (a) (No change.)

                 (b) Rio Grande Turkey. The open seasons and bag limits for Rio Grande turkey shall be as follows.

                         (1) Fall seasons and bag limits:

                                  (A) The counties listed in this subparagraph are in the Fall South Zone. In Aransas, Atascosa, Bee, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kinney (south of U.S. Highway 90), LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line [(in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239)], Webb, Zapata, and Zavala counties, there is a fall general open season.

                                          (i) – (ii) (No change.)

                                  (B) (No change.)

                                  (C) The counties listed in this subparagraph are in the Fall North Zone. In Archer, Armstrong, Bandera, Baylor, Bell, Bexar, Blanco, Borden, Bosque, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Goliad, Gonzales, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Karnes, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lampasas, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Medina (north of U.S. Highway 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wichita, Wilbarger, Williamson, Wilson, Wise, Val Verde north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line [(that portion located north of U.S. Highway 90; and that portion located both south of U.S. Highway 90 and west of Spur 239)], and Young counties, there is a fall general open season.

                                          (i) – (ii) (No change.)

                         (2) – (3) (No change.)

                         (4) Special Youth-Only Seasons. Only licensed hunters 16 years of age or younger may hunt during the seasons established by this subsection.

                                  (A) (No change.)

                                  (B) There shall be special youth-only spring general open hunting seasons for Rio Grande turkey in the counties listed in paragraph (3)(A) and (B) of this subsection.

                                          (i) open seasons:

                                                  (I) the weekend (Saturday and Sunday) immediately preceding the first day of the general open spring season; and

                                                  (II) the weekend (Saturday and Sunday) immediately following the last day of the general open spring season[from the Saturday immediately following the close of the general open spring season for 14 consecutive days].

                                          (ii) (No change.)

                 (c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Bowie, Cass, Fannin, Grayson, Jasper (other than the Angelina National Forest [lands]), Lamar, Marion, Nacogdoches, Newton, Panola, Polk, Red River, Sabine, San Augustine, and Upshur counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

                         (1) – (2) (No change.)

                         (3) In the counties listed in this subsection:

                                  (A) – (B) (No change.)

                                  (C) all turkeys harvested during the open season must be registered via the department’s internet or mobile application [or at a designated check station] within 24 hours of the time of kill. The department will publish the internet address and information on obtaining the mobile application in generally accessible locations, including the department internet web site (www.tpwd.texas.gov). Harvested turkeys may be field dressed but must otherwise remain intact.

                 (d) (No change.)

        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

Commission Agenda Item No. 3
Exhibit B

2017-2018 MIGRATORY GAME BIRD PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.314, 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 TAC §65.313(f)) authorize the Executive Director, after notification of the Chairman of the Commission, to engage in rulemaking.

        The proposed amendment to §65.314, concerning Zones and Boundaries for Early Season Species, would expand the Special White-winged Dove Area (SWWDA) to encompass the entirety of the South Dove Zone. The Service has authorized the provision of four days of hunting opportunity in early September for the entire South Zone, and in keeping with commission policy to pursue the most liberal hunting seasons possible under the federal frameworks (consistent with sound resource management), the proposed amendment would expand the SWWDA to encompass all of the current South Dove Zone in order to provide 4 days of early hunting opportunity everywhere in the South Zone.

        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 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 the exception that the first segment of the South Zone/SWWDA would be shortened by four days (compared to last season) and those days would be added to the end of the second segment to allow for a weekend closure of the second segment. The proposed amendment also would clarify the bag limit for white-fronted dove where necessary, which is nonsubstantive.

        The proposed amendment to §65.315 also would implement a 16-day statewide teal season to run from September 9-24, 2017. 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, also to run from September 9-24, 2017.

        With the exception of a reduction in the bag limit for pintail ducks, the proposed amendment to §65.318, concerning Open Seasons and Bag and Possession Limits — Late Season, would retain the same season structure in both duck zones from last year and adjust the season dates to account for calendar shift while retaining the bag and possession limits from last year. The Service, based on breeding waterfowl population surveys, has determined that recruitment (the survival of young ducks to join the population) in pintail populations has experienced a reduction that under the current harvest strategy triggers a bag limit reduction in the federal frameworks. Therefore, the bag limit for pintails is being reduced from two to one to comply with the federal frameworks.

        With respect to geese, the season structure (adjusted for calendar shift) and bag and possession limits from last year are retained.

        The proposed amendment would also make the age requirement for youth waterfowl season consistent with the age requirements in effect for other species. Until recently, the federal youth-only season applied to persons 15 years of age and younger; however, because age requirements for youth hunting opportunity vary from state to state, recent federal action (81 FR 17301) allows individual states to establish a minimum participation age not to exceed to 17. In Texas the youth-only seasons for deer, turkey, and squirrel are limited to persons 16 years of age and younger; therefore, the proposed amendment would implement that standard for the youth-only waterfowl season for the sake of consistency and to eliminate confusion.

        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. 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.