Presenter: Vernon Bevill
Commission Agenda Item No. 9
Action
1999-2000 Migratory Game Bird
Proclamation
Late Season and Baiting Provisions
August 1999
I. 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 authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking. Staff received permission from the Regulations Committee at its April 1999 meeting to publish the proposed regulations (located at Exhibit A) in the Texas Register for public comment. The proposed regulations appeared in the April 30, 1999 issue of the Texas Register (24 TexReg 3300). Staff has gathered and analyzed public comment, and a summary will be available at the time of the meeting. The Service frameworks for late-season species will be released during the first week in August, so staff will brief the Commission on any changes made by the Service at the time of the hearing.
Additionally, staff will brief the Commission on rulemaking undertaken by the Executive Director under the provisions of Parks and Wildlife Code, Chapter 64, to implement recent changes to federal law concerning baiting of migratory game birds. Proposed amendments to the state’s baiting regulations (located at Exhibit B) were published in the July 9, 1999, issue of the Texas Register (24 TexReg 5147), and were adopted after notification of the Chairman prior to the August Commission hearing.
II. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:
"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §65.318 and §65.320, concerning the late-season provisions of the Migratory Game Bird Proclamation, with changes to the proposed text (located at Exhibit A) as published in the April 30, 1999, issue of the Texas Register (24 TexReg 3300)."
Attachments - 3
1. Exhibit
A - Proposed
Late Season Migratory Game
Bird Regulations
2. Exhibit
B - Proposed
Baiting Regulations
3. Exhibit C - Fiscal Note
(Exhibit C- Available Upon
Request)
Commission
Agenda Item No. 9
Exhibit
A
Migratory
Game Bird Proclamation
Proposed Late Season Provisions
§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 twice 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 or Mexican mallards (Mexican duck), only two of which may be hens, one mottled duck, one pintail, two redheads, one canvasback, and two wood ducks. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than one hooded merganser.
(A) High Plains Mallard
Management Unit: October 16-19,
1999 [17-20,
1998], and October 23,
1999 [24,
1998] - January 16,
2000 [17,
1999].
(B) North Zone: October 30 [31]
- November 7,
1999 [8, 1998],
and November 13,
1999 [14,
1998] - January 16,
2000 [17,
1999].
(C) South Zone: October 23 [24]
- November 28,
1999 [29,
1998], and December 11,
1999 [12,
1998] - January 16,
2000 [17,
1999].
(2) Geese.
(A) Western Zone.
(i) Light geese: October 30,
1999 [31,
1998] - February 13,
2000 [14,
1999]. The daily
bag limit for light
geese is 20, and there
is no possession limit.
(ii) Dark geese: October 30,
1999 [31,
1998] - February 13,
2000 [14,
1999]. The daily
bag limit for dark geese
is five, which may not
include more than four
Canada geese and one
white-fronted goose.
(B) Eastern Zone.
(i) Light geese: October 30,
1999 [31,
1998] - February 13,
2000 [14,
1999]. The daily
bag limit for light
geese is 20, and there
is no possession limit.
(ii) Dark geese:
(I) White-fronted geese:
October 23, 1999 [24,
1998] - January 16,
2000 [17,
1999]. The daily bag
limit for white-fronted
geese is one.
(II) Canada geese and
brant: October 30,
1999 [31,
1998] - January 30,
2000 [31,
1999]. The daily bag
limit is one Canada goose
or one brant, except during
the period from January 17-30 [18-31],
when the bag limit is
two in the aggregate.
(3) Special Youth-Only Season. There shall be a special youth-only duck season during which the hunting, taking, and possession of 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. Bag and possession limits in any given zone during the season established by this paragraph shall be as provided for that zone by paragraph (1) of this section. Season dates are as follows:
(A) High Plains Mallard
Management Unit: October 9,
1999 [10,
1998];
(B) North Zone: October 23,
1999 [24,
1998]; and
(C) South Zone: October 16,
1999 [17,
1998].
§65.320. Extended Falconry Season - Late 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. Ducks, coots, and mergansers:
(1) High Plains Mallard Management Unit: no extended falconry season; and
(2) Remainder of the
state: January 17 [18]
- February 1,
2000 [2, 1999].
(b) (No change.)
Commission
Agenda Item No. 9
Exhibit
B
Migratory
Game Bird Proclamation
Baiting Provisions
Proposed Preamble
1. Introduction.
The Texas Parks and Wildlife Department proposes amendments to §65.309 and 65.310, concerning the Migratory Game Bird Proclamation. The amendments are necessary to adjust the state’s baiting regulations to conform with recent rulemaking by the U.S. Fish and Wildlife Service. The amendment to §65.309, concerning Definitions, adds definitions for new regulatory terminology. The amendment to §65.310, concerning Means, Methods, and General Requirements, establishes those practices or activities which may be lawfully conducted and those practices or activities that would constitute the offense of baiting migratory game birds.
2. Fiscal Note.
Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed rules are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.
3. Public Benefit - Cost Note.
Mr. Macdonald also has determined that for each of the first five years the amendments as proposed 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, implementation of commission policy to maximize recreational opportunity for the citizenry, and consistency with federal regulations governing the hunting of migratory game birds.
(B) There will be no effect on small businesses. There are no additional economic costs to 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 this 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 rules.
4. Request for Public Comments.
Comments on the proposed rules may be submitted to Vernon Bevill, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4578 or 1-800-792-1112.
5. Statutory Authority.
The amendments are proposed under Parks and Wildlife Code, Chapter 64, Subchapter C, 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 amendments affect Parks and Wildlife Code, Chapter 64, Subchapter C.
§65.309. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Proclamation).
(1) Baited area—Any
area where salt,
grain, [shelled,
shucked, or unshucked corn,
wheat, or other grain, salt,]
or other feed has
been [capable
of luring, attracting, or
enticing such birds is directly
or indirectly] placed,
exposed, deposited, distributed,
or scattered, if
that salt, grain, or other
feed could serve as a lure
or attraction for migratory
game birds to, on, or over
areas where hunters are
attempting to take them.
Any such area will remain
a baited area for ten days
following the complete removal
of all such salt, grain,
or other feed.[;
and the area shall remain
a baited area for ten days
following complete removal
of all such corn, wheat,
or other grain, salt or
other feed].
(2) Baiting—The direct
or indirect placing,
exposing, depositing,
distributing, or scattering
of salt, grain, [shelled,
shucked, or unshucked
corn, wheat, or other
grain, salt,] or other
feed that could serve
as a lure or attraction
for migratory
game birds to, on, or
over areas where hunters
are attempting to take
them[so as
to constitute for migratory
game birds a lure, attraction,
or enticement to, on,
or over areas when hunters
are attempting to take
such birds].
(3) - (6) (No change.)
(7) Livestock feeding operation – Any entity or activity operating under a permit pursuant to 30 TAC Chapter 321, Subchapter B (relating to Concentrated Animal Feeding Operations).
(8) Manipulation - The alteration of natural vegetation or agricultural crops, including but not limited to mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, and herbicide treatments. Manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.
(9) Natural vegetation - Any non-agricultural, native, or naturalized plant species that grows at a site in response to planting or from existing seeds or propagule. Natural vegetation does not include planted millet. However, planted millet that grows on its own in subsequent years after the planting is considered natural vegetation.
(10) [(7)]
Nontoxic shot—Any
shot approved by the director,
U.S. Fish and Wildlife Service.
(11) Normal agricultural planting, harvesting, or post-harvest manipulation - A planting or harvesting undertaken for the purpose of producing or gathering a grain, or manipulation after such harvest and removal of a grain, that is conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.
(12) Normal soil stabilization practice - a planting for agricultural soil erosion control or post-mining land reclamation conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.
(13) [(8)]
Personal residence—One's
principal or ordinary home
or dwelling place. The term
does not include a temporary
or transient place of residence
or dwelling such as a hunting
club, or any club house,
cabin, tent, or trailer
house used as a hunting
club, or any hotel, motel,
or rooming house used during
a hunting, pleasure, or
business trip.
(14) [(9)]
Sinkbox—Any type of
low floating device having
a depression which affords
the hunter a means of concealing
himself below the surface
of water.
(15) Waterfowl - ducks (including teal), geese, and coots.
(16) [(10)]
Wildlife resource—For
the purposes of this subchapter,
wildlife resource includes
all migratory birds.
§65.310. Means, Methods, and Special Requirements.
(a) The following means and methods are lawful, subject to control of subsection (b) of this section, in the taking of migratory game birds:
(1) - (3) (No change.)
(4) taking on or over unbaited areas, including:
(A) standing crops or flooded standing crops (including aquatics);
(B) standing, flooded, or manipulated natural vegetation;
(C) flooded harvested cropland;
(D) lands or areas where seeds or grains have been scattered solely as a result of a normal agricultural planting, harvesting, or post-harvest manipulation;
(E) normal soil stabilization practice;
(F) from a blind or other place of concealment camouflaged with natural vegetation;
(G) from a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain or other feed;
(H) standing crops or flooded standing agricultural crops where grain has been inadvertently scattered as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
(5) except for waterfowl and cranes, the taking of migratory birds on or over lands or areas that are not otherwise baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown or solely as the result of a livestock feeding operation as defined in §65.309(7) of this title (relating to Definitions).
(6) [(5)]
taking by the use of power
boats, sailboats, or other
craft when used solely as
a means of picking up dead
or injured birds; and
(7) [(6)]
paraplegics and single or
double amputees of the legs
may take migratory game
birds from any stationary
motor vehicle or motor-driven
land conveyance.
(8) [(7)]
taking by means of falconry,
but the hunting is limited
to persons holding valid
falconry permits issued
under the authority of Parks
and Wildlife Code, Chapter
49.
(b) The following means and methods are unlawful in the taking of migratory game birds:
(1)-(6) (No change.)
(7) by the aid of baiting,
or on or over any baited
area, or where migratory
birds are lured, attracted,
or enticed by bait where
a person knows or reasonably
should know that the area
has been baited. [However,
nothing in this subsection
shall prohibit: ]
[(A) the taking of migratory
game birds, including
waterfowl, on or over
standing crops, flooded
standing crops (including
aquatics), flooded harvested
croplands, grain crops
properly shocked on the
field where grown, or
grains found scattered
solely as the result of
normal agricultural planting
or harvesting;]
[(B) the taking of migratory
game birds, except waterfowl,
on or over lands where
shelled, shucked, or unshucked
corn, wheat, or other
grain, salt, or other
feed that] has been distributed
or scattered as the result
of bona fide agricultural
operations or procedures,
or as a result of manipulation
of a crop or other feed
on the land where grown
for wildlife management
purposes; provided that
manipulation for wildlife
management purposes does
not include the distributing
or scattering of grain
or other feed once it
has been removed from
or stored on the field
where grown; and]
[(C) the taking of migratory
game birds on or over
moist soil or aquatic
vegetation manipulated
by any means.]
(8) the hunting of waterfowl or cranes on or over:
(A) manipulated, planted millet, unless the millet was planted not less than one year before hunting; or
(B)crops that have been manipulated, unless the manipulation is a normal agricultural planting, harvest, or post-harvest manipulation.
(9) the placing or directing the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area.
(c)-(e) (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
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