Presenter: Vernon Bevill
Commission Agenda Item No. 10
Action
2000-2001 Migratory Game
Bird Proclamation
Late Season Provisions
August 2000
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 2000 meeting to publish the proposed regulations (located at Exhibit A) in the Texas Register for public comment. The proposed regulations appeared in the April 28, 2000 issue of the Texas Register (25 TexReg 3700 ). Staff has gathered and analyzed public comment, and a summary will be available at the time of the meeting. The U.S. Fish and Wildlife Service (Service) will issue regulatory frameworks for late-season species of migratory game birds in early August, and staff will apprise the commission of their impact upon the department's proposals.
II. Recommendation: Staff recommends that the Texas Parks and Wildlife Department adopt the following motion:
"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.317, 65.318, 65.320, and 65.321, concerning the Migratory Game Bird Proclamation, with changes to the proposed text (located at Exhibit A) as published in the April 28, 2000, issue of the Texas Register (25 TexReg 3700)."
Attachments – 2
1. Exhibit
A – Proposed
Late-Season Migratory
Game Bird Regulations
2. Exhibit B – Fiscal
Note (Available upon
request)
Commission
Agenda Item No. 10
Exhibit A
2000-2001
Migratory Gamebird Proclamation
Late Season Provisions
§65.317. Zones and Boundaries for Late Season Species.
(a) Ducks, mergansers, and coots.
(1) -(3) (No change.)
(b) Geese.
(1) Western Zone: that
portion of Texas lying
west of a line from the
international toll bridge
at Laredo, thence northward
following Interstate Highway
35 to its junction with
Interstate Highway 10
in San Antonio thence
northwest along Interstate
Highway 10 to its junction
with U.S. Highway 83 in
Junction, thence north
along U.S. Highway 83
to its junction with U.S.
Highway 62, 16 miles north
of Childress, thence east
along U.S. Highway 62
to the Texas-Oklahoma
state line [that
portion of Texas lying
west of a line from the
international toll bridge
at Laredo, thence northward
following IH 35 and 35W
to Fort Worth, thence
northwest along U.S. Highways
81 and 287 to Bowie, thence
northward along U.S. Highway
81 to the Texas-Oklahoma
state line].
(2) Central Zone: that portion of Texas lying within boundaries beginning at the junction of Interstate Highway 35 and the Texas-Oklahoma state line, thence south along Interstate Highway 35 (following Interstate Highway 35 West through Fort Worth) to its junction with Interstate Highway 10 in San Antonio thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line, thence eastward along the Texas-Oklahoma state line to Interstate Highway 35.
(3) [(2)]
Eastern Zone: that
portion of Texas lying east
of a line from the international
toll bridge at Laredo, thence
northward following IH 35
and 35W to the Texas-Oklahoma
state line [the
remainder of the state].
§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, three scaup, 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
21-24, 2000, and October
28, 2000-January 21, 2001 [October
23-26, 1999 , and October
30, 1999-January 23, 2000].
(B) North Zone: October
28-29, 2000, and November
11, 2000-January 28, 2001 [October
30-31, 1999 , and November
13, 1999-January 23, 2000].
(C) South Zone: October
28-November 26, 2000,
and December 9, 2000-January
28, 2001 [October
30-November 28, 1999,
and December 11, 1999-January
23, 2000].
(2) Geese.
(A) Western Zone.
(i) Light geese: October
21, 2000-February 4, 2001 [October
30, 1999-February 13,
2000]. The daily bag
limit for light geese
is 20, and there is no
possession limit.
(ii) Dark geese: October
21, 2000-February 4, 2001 [October
30, 1999-February 13,
2000]. The daily bag
limit for dark geese is
five, which may not include
more than one white-fronted
goose.
(B) Central Zone.
(i) Light geese: October 28, 2000-February 11, 2001. The daily bag limit for light geese is 20, and there is no possession limit.
(ii) Dark geese: October 28, 2000-February 11, 2001. The daily bag limit for dark geese is five, which may not include more than one white-fronted goose.
(C)[(B)]
Eastern Zone.
(i) Light geese: October
28, 2000-January 21, 2001 [October
30, 1999-February 13,
2000]. The daily bag
limit for light geese
is 20, and there is no
possession limit.
(ii) Dark geese:
(I) White-fronted geese: October
28, 2000-January 21, 2001 [October
30, 1999-January 23, 2000].
The daily bag limit for
white-fronted geese is
two.
(II) Canada geese and brant: October
28, 2000-January 21, 2001 [October
30, 1999-February 1, 2000].
The daily bag limit is
one Canada goose or one
brant[, except during
the period from January
24-February 1, when the
bag limit is three 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, 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 paragraph (1) of this section. Season dates are as follows:
(A) High Plains Mallard
Management Unit: October
14, 2000 [October
16, 1999];
(B) North Zone: October
21, 2000 [October
23, 1999]; and
(C) South Zone: October
21, 2000 [October
23, 1999].
§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.
(a) Ducks, coots, and mergansers:
(1) High Plains Mallard
Management Unit: October
14, 2000 [October
16, 1999]; and
(2) Remainder of the state: October
21, 2000 and January 22-February
6, 2001 [October
23, 1999, and January
24 - February 8, 2000].
(b) The daily bag and possession limits for migratory game birds under this section shall not exceed three and six 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) Means and methods. In addition to the means and methods authorized in §65.310(a) of this title (relating to Means , Methods, and Special Requirements), the following means and methods are lawful during the time periods set forth in paragraph (5) of this section:
(A) shotguns capable of holding more than three shells; and
(B) electronic calling devices.
(2) Possession. During the time periods set forth in paragraph (5) of this section:
(A) there shall be no bag or possession limits; and
(B) the provisions of §65.312 of this title (relating to Possession of Migratory Game Birds) do not apply; and
(C) a person may give, leave, receive, or possess legally taken light geese or their parts, provided the birds are accompanied by a wildlife resource document from the person who killed the birds. The wildlife resource document is not required if the possessor lawfully killed the birds; the birds are transferred at the personal residence of the donor or donee; or the possessor also possesses a valid hunting license, a valid waterfowl stamp, and is HIP certified. The wildlife resource document shall accompany the birds until the birds reach their final destination, and must contain the following information:
(i) the name, signature, address, and hunting license number of the person who killed the birds;
(ii) the name of the person receiving the birds;
(iii) the number and species of birds or parts;
(iv) the date the birds were killed; and
(v) the location where the birds were killed (e.g., name of ranch; area; lake, bay, or stream; county).
(3) Shooting hours. During the time periods set forth in paragraph (5) of this section, shooting hours are from one half-hour before sunrise until one half-hour after sunset.
(4) Early closures. At
sunset on January 21,
2001 [31, 1999],
the open seasons for the
following species of migratory
birds are closed until further
notice.
(A) sandhill crane: statewide [in
Zones B and C];
(B) light geese: in the Western
and Eastern Zones [Zone];
(C) ducks, coots, and mergansers (extended falconry season): statewide; and
(D) woodcock (extended falconry season): statewide.
(5) Special Light Goose Conservation Period.
(A) From February January
22, 2001 [February
1, 1999] through April 1,
2001 [21,1999],
the take of light geese
is lawful in the Eastern
Zone as defined in §65.317
of this title (relating
to Zones and Boundaries
for Late Season Species).
(B) From February 5,
2001 [15,
1999] through April 1,
2001 [25,
1999], the take of
light geese is lawful
in the Western Zone as
defined in §65.317
of this title (relating
to Zones and Boundaries
for Late Season Species).
(C) From February 12, 2001 through April 1, 2001 the take of light geese is lawful in the Central Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).
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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