Presenter: Herb Kothmann

Commission Agenda Item No. 9
Action
Amendments to the Public Lands Proclamation
Establishment of an Open Season on Public Lands 2002-2003
Proposed Hunting Activities on State Parks
April 2002

I. Discussion: Parks and Wildlife Code, Chapter 12, Subchapter A, provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Parks and Wildlife Department if the commission determines that multiple use is the best utilization of the land's resources. Additionally, Chapter 81, Subchapter E, of the code provides the commission with the authority to establish open seasons, and authorizes the Executive Director to determine bag limits, means and methods, and conditions for the taking of wildlife resources on wildlife management and public hunting areas. Chapter 62, Subchapter D, provides authority to the Commission to prescribe seasons, number, size, kind, sex and the means and methods for the taking of any wildlife on state parks. Chapter 42, §42.0177, authorizes the Commission to modify or eliminate the tagging requirements of Chapter 42.

The Executive Director may establish by executive order the Department policy with respect to hunting, fishing, and non-consumptive use on public hunting lands.

The Regulations Committee at its January 2002 meeting authorized staff to publish the proposed amendments to the 2002-2003 Public Lands Proclamation, as well as a nonsubstantive amendment to the finance rules for public hunting, in the Texas Register for public comment. The proposed amendments appeared in the February 22, 2002, issue of the Texas Register (27 TexReg 1277). A summary of public comment on the proposed proclamation will be available to the Commission at the time of the hearing.

The proposed amendments to the Public Lands Proclamation and finance rules are located at Exhibit A. Exhibit B, Proposed 2002-2003 State Park Hunts, identifies proposed public hunting activities on units of the state park system for the 2002-2003 season.

II. Recommendation: Staff recommends that the Parks and Wildlife Commission adopt the following motions:

1. "The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §53.5, concerning Public Hunting and Fishing Permits and Fees and §§65.191, 65.193, and 65.194, concerning the Public Lands Proclamation, with changes to the proposed text as published in the February 22, 2002, issue of the Texas Register (27 TexReg 1277), located at Exhibit A.”

2. "The Texas Parks and Wildlife Commission authorizes the hunting activities designated in Exhibit B to be conducted on the listed units of the state park system."

3. “The Texas Parks and Wildlife Commission authorizes an open hunting season on public hunting lands to run from September 1, 2002 to August 31, 2003.”

Attachments – 2

1. Exhibit A – Proposed Amendments to the Public Lands Proclamation and Finance Regulations
2. Exhibit B – Proposed 2002-2003 State Park Hunts
2. Exhibit C – Fiscal Note (Available upon request)

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Commission Agenda Item No. 9
Exhibit A

Public Lands Hunting Permits and Fees
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §53.5, concerning Public Land Hunting Permits and Fees. The amendment transfers certain current provisions concerning fee requirements from Chapter 65 to Chapter 53, makes nonsubstantive grammatical changes to enhance readability, and clarifies fee requirements for specific types of public hunting and fishing opportunities offered or sponsored by the department. The amendment is necessary to consolidate fee and permit requirements in the most appropriate location within the agency’s portion of the Texas Administrative Code, and to present fee and permit requirements in the most user-friendly manner possible.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rule as proposed is 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. Macdonald 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 rule as proposed will be the elimination of duplicated regulations and the clarity of existing regulations.

(B) There will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(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 rule 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 Comments.

Comments on the proposed rule may be submitted to Herb Kothmann, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4770 or 1-800-792-1112 extension 4770 (e-mail: herb.kothmann@tpwd.state.tx.us)

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §11.0271, which authorizes the commission to set nonrefundable participation fees for drawings for public hunting opportunities in an amount sufficient to pay the costs of operating the drawing, and to establish fees, not to exceed $25 per species, for each participant on an application in drawings for special hunting programs, packages, or events that exceed the costs of operating the drawing only if the fees charged are designated for use in the management and restoration efforts of the specific wildlife program implementing each special hunting program, package, or event.

The amendments affect Parks and Wildlife Code, Chapter 11.

§53.5. Public [Land] Hunting and Fishing Permits and Fees.

(a) Hunting permits:[. The following permit fee amounts are effective for the permit year beginning September 1, 1996, and thereafter:]

(1) annual public hunting—$40;

(2) duplicate annual public hunting—$10;

(3) limited public use—$10; and

(4) duplicate limited public use—$5.00.

(b) Special and regular permits. The following permit fee amounts apply only to persons 17 years of age and older [are effective for the permit year beginning September 1, 1996, and thereafter]:

(1) special permits.[permit]

(A) standard period for deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, alligator—$50;

(B)[(2)] extended period for deer, exotic mammal, alligator, and management hunts for deer on TPW-leased private lands [-extended period] —$100; and

(C) special package hunts (Big Time Texas Hunts and other guided hunts)—no charge.

(2)[(3)] regular (daily) permit. For squirrel, game birds (other than turkey), feral hogs, rabbits and hares—$10;

[(4) special package hunts, desert bighorn sheep—no charge.]

(c) Application fee. The following fee amounts apply only to persons 17 years of age or older. The non-refundable application fee for individuals applying for computer-selected participant hunting opportunities is:

(1) $2.00 per applicant for participation in [the general] drawings for supervised hunts;

(2) $10 per applicant for participation in drawings for guided hunts; and

(3) $10 per entry [applicant] for participation in drawings for Big Time Texas Hunts [the special package hunts (except no charge for applicants under 17 years of age) effective September 1, 1996, and thereafter].

(d) Competitive hunting dog field trial permit fees [effective September 1, 1996, and thereafter are as follows]:

(1) 10 or less participants—$100 per day;

(2) 11-25 participants—$200 per day;

(3) 26-50 participants—$300 per day;

(4) 51-75 participants—$400 per day; and

(5) 76 or more participants—$500 per day.

(e) Reel Texas Adventures. The application fee for participation in Reel Texas Adventure fishing events shall not exceed $10 per person per 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

PUBLIC LANDS PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.191, 65,193, and 65.194, concerning the Public Lands Proclamation. The amendment to §65.191, concerning Definitions, removes references to fee amounts, which are redundant since fees are established in 31 TAC Chapter 53. The amendment also removes an exception for users of a Limited Public Use permit who hunt under certain circumstances on U.S. Forest Service lands. The amendment is necessary to remove all references to fees in order to locate all fee information in another chapter, and to standardize permit privileges on all public hunting lands.

The amendment to §65.193, concerning Access Permit Required and Fees, removes references to fee amounts, which are redundant since fees are established in 31 TAC Chapter 53. The amendment also removes an exception for users of a Limited Public Use permit who hunt under certain circumstances on U.S. Forest Service lands, eliminates unnecessary language concerning internal cross-references, and rewords subsection (p) in the interests of grammatical sense. The amendment is necessary to remove all references to fees in order to locate all fee information in another chapter, to standardize permit privileges on all public hunting lands, and to maintain clear regulatory language.

The amendment to §65.194, concerning Competitive Hunting Dog (Field Trials) Permit and Fees removes references to fee amounts, which are redundant since fees are established in 31 TAC Chapter 53. The amendment is necessary to remove all references to fees in order to locate all fee information in another chapter.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, 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. Macdonald 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 standardization of permit privileges on public lands and the elimination of duplicated regulations.

(B) There will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

(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 rules.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Herb Kothmann, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4770 or 1-800-792-1112 extension 4770 (e-mail: herb.kothmann@tpwd.state.tx.us)

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish an open season on wildlife management areas and public hunting lands and authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands; Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources; Chapter 62, Subchapter D, which provides authority, as sound biological management practices warrant, to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife; and §42.0177, which authorizes the commission to modify or eliminate the tagging requirements of Chapter 42.

The amendments affect Parks and Wildlife Code, Chapter 12, Subchapter A; Chapter 62, Subchapter D, and Chapter 81, Subchapter E.

65.191. 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 §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).

(1) Adult—A person 17 years of age or older.

(2) All terrain vehicle (ATV)—A motor vehicle which does not meet traffic code requirements for operation on a public roadway with respect to licensing, inspection and insurance requirements.

(3) Annual Public Hunting (APH) Permit—A [$40] permit, valid from issuance date through the following August 31, which allows entry to designated public hunting lands at designated times and the taking of wildlife resources as designated.

(4) Application fee—A non-refundable fee which may be required to accompany and validate an individual's application for a special permit.

(5) Authorized supervising adult—A parent, legal guardian, or individual at least 18 years of age who assumes liability responsibility for a minor.

(6) Blind—Any structure assembled of man-made or natural materials for the purpose or having the effect of promoting concealment or increasing the field of vision of a person.

(7) Buckshot—Lead pellets ranging in size from .24-inch to .36-inch in diameter normally loaded in a shotgun (includes, but is not limited to 0 and 00 buckshot).

(8) Competitive hunting dog event (field trial)—A department-sanctioned contest in which the skills of hunting dogs are tested.

(9) Concurrent hunt—A hunt that maintains the same permit requirements, hunt dates, means and methods, or shooting hours or combinations thereof for more than one species of animal, as designated and subject to any special provisions.

(10) Consumptive user—A person who takes or attempts to take wildlife resources.

(11) Designated campsite—A designated area where camping and camping activities are authorized.

(12) Designated days—Specific days within an established season or period of time as designated by the executive director.

(13) Designated road—A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways.

(14) Designated target practice area—An area designated by on-site signing or by order of the executive director within which the discharge of firearms for target practice is authorized.

(15) Designated units of the state park system—Specific units of the state park system approved by the commission for application of provisions of this subchapter.

(16) Disabled person—A paraplegic or a person who has a physician's statement in their immediate possession certifying that they qualify for handicapped parking privileges (criteria for permanent ambulatory disability as defined in Transportation Code, Chapter 681).

(17) General Season—A specified time period, or designated days within a specified time period, during which more than one means or methods (as designated) may be used to take designated species.

(18) Headwear—Garment or item of apparel worn on or about the head.

(19) Immediate supervision—Control of a minor by an authorized supervising adult issuing verbal instructions in a normal voice level.

(20) Lands within a desert bighorn sheep cooperative—An aggregation of lands for which the concerned landowners and the Texas Parks and Wildlife Department have agreed to coordinate efforts to restore, manage, and harvest desert bighorn sheep.

(21) Limited Public Use (LPU) Permit—A [$10] permit, valid from issuance date through the following August 31, which allows access to designated public hunting lands at the same times that access is provided by an APH permit. A LPU permit does not authorize the taking of wildlife resources[, except on U.S. Forest Service lands where restrictions are placed on the type of device for taking wildlife which may be possessed].

(22) Limited use zone—An area designated by order of the executive director and/or by boundary signs on the area, within which public use is prohibited or restricted to specified activities.

(23) Loaded firearm—A firearm containing a live round of ammunition within the chamber and/or the magazine, or if muzzleloading, one which has a cap on the nipple or a priming charge in the pan.

(24) Minor—An individual less than 17 years of age.

(25) Non-consumptive activities—Activities which do not involve the take or attempted take of wildlife resources.

(26) On-site registration—The requirement for public users to register at designated places upon entry to and exit from specified public hunting lands, but does not constitute a permit.

(27) Permit—Documentation authorizing specified access and public use privileges on public hunting lands.

(28) Predatory animals—Coyotes and bobcats.

(29) Preference point system—A method of special permit distribution in which the probability of selection is progressively enhanced by prior unsuccessful applications within a given hunt category by individuals or groups.

(30) Public hunting area—A portion of public hunting lands designated as being open to the activity of hunting, and may include all or only a portion of a certain unit of public hunting land.

(31) Public hunting compartment—A defined portion of a public hunting area to which hunters are assigned and authorized to perform public hunting activity.

(32) Public hunting lands—Lands identified in §65.190 of this title (relating to Application) or by order of the executive director on which provisions of this subchapter apply.

(33) Regular Permit—A permit issued on a first-come-first-served basis, on-site, at the time of the hunt that allows the taking of designated species of wildlife on the issuing area.

(34) Restricted area—All or portions of public hunting lands identified by boundary signs as being closed to public entry or use.

(35) Sanctuary—All or a portion of public hunting lands identified by boundary signs as being closed to the hunting of specified wildlife resources.

(36) Slug—A metallic object designed for being fired as a single projectile by discharge of a shotgun.

(37) Special Permit—A permit, issued pursuant to a selection procedure, which allows the taking of designated species of wildlife.

(38) Special package hunt—A public hunt conducted for promotional or fund raising purposes and offering the selected applicant(s) a high quality experience with enhanced provisions for food, lodging, transportation, and guide services.

(39) Tagging fee—A fee which may be assessed in addition to the special permit fee for the harvest of alligators for commercial sale or prior to the attempted harvest of desert bighorn sheep or designated exotic mammals.

(40) Texas Conservation Passport (gold or silver edition)—A permit which provides group access at designated times to designated portions of public hunting lands for non-consumptive use as authorized under the Texas Conservation Passport Program.

(41) Wildlife management area (WMA)—A unit of public hunting lands which is intensively managed for the conservation, enhancement, and public use of wildlife resources and supporting habitats.

(42) Wildlife resources—Game animals, game birds, furbearing animals, alligators, marine mammals, frogs, fish, crayfish, other aquatic life, exotic animals, predatory animals, rabbits and hares, and other wild fauna.

(43) Wounded exotic mammal—An exotic mammal leaving a blood trail.

65.193. Access permit Required and Fees.

(a) It is an offense for a person without a valid access permit to enter public hunting lands, except:

(1) on areas or for activities where no permit is required;

(2) persons who are authorized by, and acting in an official capacity for the department or the landowners of public hunting lands;

(3) persons participating in educational programs, management demonstrations, or other scheduled activities sponsored or sanctioned by the department with written approval;

(4) persons owning or leasing land within the boundaries of public hunting lands, while traveling directly to or from their property;

(5) for a non-hunting or non-fishing adult who is assisting a permitted disabled person; or

(6) for minors under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.

(b) A Texas Conservation Passport (Gold or Silver) provides group access to designated public hunting lands at times when non-consumptive use is authorized under the Texas Conservation Passport Program. The Texas Conservation Passport is not required to hunt or fish, nor does it authorize the taking of wildlife resources or provide access to public hunting lands at times when an APH permit, LPU permit, regular permit, or special permit is required.

(c) Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.

(1) It[Except as provided in paragraphs (2) - (4) of this subsection, it] is an offense for a person 17 years of age or older to enter public hunting lands or take or attempt to take wildlife resources on public hunting lands at times when an APH permit is required without possessing an APH permit or to fail to display the APH permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands. [The fee for the APH permit is $40.]

(2) A person possessing a LPU permit may enter public hunting lands at times that access is allowed under the APH permit, but is not authorized to hunt or fish[, except as provided in paragraph (3) of this subsection. The fee for the LPU permit is $10].

(3) Persons possessing an APH permit, a LPU permit, or Texas Conservation Passport (Gold or Silver) may use public hunting lands to access adjacent public waters, and may fish in adjacent public waters from riverbanks on public hunting lands. [The APH permit is required of each person 17 years of age or older who enters the Alabama Creek, Bannister, Caddo, Moore Plantation, or Sam Houston National Forest WMAs and possesses a centerfire or muzzleloading rifle or handgun, a shotgun with shot larger than #4 lead, or lawful archery equipment or crossbow with broadhead hunting point; however, a person 17 years of age or older may enter these units with other legal devices for hunting as defined in this subchapter and take specified legal wildlife resources provided the person possesses a LPU permit].

(4) The permits required under paragraphs (1) - (3) of this subsection are not required for:

(A) persons who enter on United States Forest Service lands designated as a public hunting area (Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs) or any portion of Units 902 and 903 for any purpose other than hunting;

(B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs) designated as public hunting lands for purposes other than hunting or equestrian use;

(C) persons who enter Caddo Lake State Park and Wildlife Management Area and do not hunt or enter upon the land;

(D) persons who enter and hunt waterfowl within the Bayside Marsh Unit of Matagorda Island State Park and Wildlife Management Area;

(E) persons who enter the Bryan Beach Unit of Peach Point Wildlife Management Area and do not hunt; or

(F) persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish.

(5) The permit required by paragraphs (1) - (3) of this subsection is not valid unless the signature of the holder appears on the permit.

(6) A person, by signature of the permit and by payment of a permit fee [required by paragraphs (1) - (3) of this subsection] waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee).

(d) Regular Permit—A regular permit is issued on a first come-first served basis at the hunt area on the day of the scheduled hunt with the department reserving the right to limit the number of regular permits to be issued.

(e) Special Permit—A special permit is issued to an applicant selected in a drawing.

(f) Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.

(g) The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.

(h) Application fees.

(1) The department may charge a non-refundable fee, which may be required to accompany and validate an individual's application in a drawing for a special hunting permit.

(2) The application fee for each person 17 years of age or older listed on an application for a special hunting permit may not exceed $25 per legal species [and, unless otherwise established by the commission, shall be in the amount of:]

[(A) $2.00 in the general drawings; and]

[(B) $10 for special package hunts].

(3) The application fee for a special hunting permit is waived for a person under 17 years of age; however, the minor must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (4) and (5) of this subsection.

(4) The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a minor in a youth-only drawn hunt category.

(5) Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.

(6) The application fee for a special permit is waived for on-site applications made under standby procedures at the time of a hunt.

(7) In the event an application for a special permit is determined to be invalid, then:

(A) the application card may be returned to the applicant for correction and resubmission, provided the error is detected prior to the time that the application information is processed; or

(B) the error will result in disqualification of the applicant(s).

(i) Legal animals to be taken by special or regular permit shall be stipulated on the permit.

(j) [The fees for special and regular permits for hunting deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, and alligator are:]

[(1) standard period—$50;]

[(2) extended period—$100;]

[(3) squirrel, game birds (other than turkey), rabbits and hares—$10;]

[(4) special package hunts, desert bighorn sheep—no charge.]

[(k)] Only one special or regular permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail.

(k)[(l)] Any applicable special or regular permit fees will be waived for minors under the supervision of a duly permitted authorized supervising adult.

(l)[(m)] Any applicable regular permit fees for hunting or fishing activities will be waived for persons possessing an APH permit.

(m)[(n)] Certain hunts may be conducted totally or in part by regular permit. It is an offense to fail to comply with established permit requirements specifying whether a regular permit is required of all participants or required only of adult participants who do not possess an APH permit.

(n)[(o)] Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit, a LPU permit, or Texas Conservation Passport (Gold or Silver).

(o)[(p)] Except for the Texas Conservation Passport, all access permits apply only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferable to another person.

(p)[(q)] A [It is an offense if a] person who fails to obey the conditions of a permit issued under this subchapter commits an offense.

65.194. Competitive Hunting Dog Event (Field Trials) and Fees. The department may authorize field trials on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.

(1) No person shall conduct or participate in a field trial on public hunting lands unless the event has been sanctioned by the department through the issuance of a Field Trial Permit in accordance with this section.

(2) An application for a Field Trial Permit shall be submitted at least 90 days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:

(A) the name, address, and telephone number of the sponsoring person(s) or organization(s);

(B) the unit(s), compartment(s), and approximate acreage of public hunting lands that the proposed event would involve;

(C) the date(s) of the proposed event, including preparatory activity and cleanup operations;

(D) the exact nature of the event, including any construction, facilities emplacement, or other site alterations;

(E) the number of participating dogs, dog handlers, and officials, respectively, and the estimated number of spectators;

(F) the fee for the field trial permit as assessed according to the number of participating dog handlers and officials as specified by §53.5 of this title (relating to Public Lands Hunting Permits and Fees[follows:]

[(i) 10 or less participants—$100 per day;]

[(ii) 11-25 participants—$200 per day;]

[(iii) 26-50 participants—$300 per day;]

[(iv) 51-75 participants—$400 per day; and]

[(v) 76 or more participants—$500 per day].

(G) proof of liability insurance for the event in the amount of at least $250,000, which shall include coverage of personal injury and property damage; and

(H) a performance bond in the amount of $5,000 to assure restoration of the involved public hunting lands to pre-field trial conditions.

(3) Approval or denial of the permit application shall be at the sole discretion of the regional director and shall be based on the anticipated impact the proposed event would have:

(A) on the natural resources of public hunting lands; and

(B) on other events or activities authorized or conducted by the department.

(4) The regional director shall, within 30 days of receipt of such application, notify the applicant of approval or denial of the application. If the application is approved, the field trial permit shall be issued in the form of a letter to the applicant. Any requirements or restrictions in addition to the provisions of this subchapter shall be specified in the permit.

(5) The field trial permit shall be present and available on-site during all field trial activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names and social security numbers of all dog handlers and officials who at any time participate in the event. The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit. The list shall be sent to the regional director no later than ten days following the conclusion of the event.

(6) All persons named on the list as officials or dog handlers shall, during the event, be exempt from the access permit requirements of this subchapter. All other persons attending the event shall be subject to the provisions of this subchapter relative to requirement of an access permit.

(7) The permittee is responsible and liable for the actions of all field trial participants, spectators, and dogs during all activities conducted during this event.

(8) All construction, facilities emplacement, or other site alterations shall be performed and removed strictly in accordance with the conditions of the field trial permit. The permittee shall not be released from the obligations of this section and the performance bond shall not be returned to the permittee until the department is satisfied that the site has been restored to pre-trial conditions.

(9) During any field trial activity, it is an offense for any person attending the event or named on the list required by subsection (e) of this section to:

(A) violate any condition of the field trial permit; or

(B) take or attempt to take any animal or bird.

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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Commission Agenda Item No. 9
Exhibit B

Preliminary State Park Proposals for 2002-2003

#	PARK	SPECIES/HUNT TYPE	SPECIAL HUNT CATEGORY	TYPE PERMIT	# PERMITS	PROPOSED HUNT DATES	Restriction of Visitation
1	Atlanta	Deer	GDA	special	60	Dec. 3-5, 10-12, 17-19	Y
2	Big Bend Ranch	Deer	GDE	special	8	Nov. 30- Dec. 4	partial
	Big Bend Ranch	Javelina	GJE	special	30	Nov. 9-11 Dec. 7-9, Jan. 11-13	partial
	Big Bend Ranch	Quail		APH/OSR	N/A	Nov. 5-7, Dec. 10-12, Jan. 21-23	partial
3	Brazos Bend	Deer	GDE	special	120	Dec. 3-5, 17-19, Jan. 7-9	Y
4	Bryan Beach	Mourning Dove		APH	N/A	each day of South Zone season	N
	Bryan Beach	Waterfowl: early teal		APH	N/A	each day of the early seasons.	N
	Bryan Beach	Waterfowl: duck		APH	N/A	each day of the Duck season.	N
	Bryan Beach	Waterfowl: goose		APH	N/A	concurrent with duck hunts then every day of the goose season including any special conservation seasons.	N
5	Caddo Lake SP/ WMA	Deer/feral hogs		APH	N/A	Sept. 28- Oct. 27	N
	Caddo Lake SP/ WMA	Deer/feral hogs	GDA	special	40	Jan. 20-22, 22-24	N
	Caddo Lake SP/ WMA	Deer/ feral hogs		APH	N/A	Nov. 2- Jan. 5	N
	Caddo Lake SP/ WMA	Deer/ feral hogs Youth		APH	N/A	Oct. 26-27, Jan. 18-19	N
	Caddo Lake SP/ WMA	Feral hog		APH	N/A	concurrent with deer and Jan. 15-Mar. 15	N
	Caddo Lake SP/ WMA	Squirrel		APH	N/A	Oct. 1-Feb.2 and May 1-31	N
	Caddo Lake SP/ WMA	Squirrel Youth		APH	N/A	Sept. 28-29,	N
	Caddo Lake SP/ WMA	Quail		APH	N/A	Oct. 26-Feb. 23	N
	Caddo Lake SP/ WMA	Spring Turkey		APH	N/A	Apr. 14-29	N
	Caddo Lake SP/ WMA	Mourning Dove		APH	N/A	pending Central Zone	N
	Caddo Lake SP/ WMA	Waterfowl- Teal		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Waterfowl- ducks		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Waterfowl- geese late season also		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Waterfowl- ducks Youth		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Rails & gallinules		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Snipe		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Woodcock		APH	N/A	pending	N
	Caddo Lake SP/ WMA	Furbearers		APH	N/A	Nov. 1- Mar. 31	N
	Caddo Lake SP/ WMA	Frogs, Rabbits, hares & predators		APH	N/A	no closed season	N
	Caddo Lake SP/ WMA	fishing		none	N/A	no closed season	N
6	Caprock Canyons	Deer (Mule/ White-tailed)	GDE	special	6	Nov. 20-22	Y
	Caprock Canyons	Exotics	EXO	special	20	Jan. 8-10, 15-17	Y
7	Choke Canyon - Calliham Unit	Deer & Javelina	GDA	special	24	Jan. 6-10, 13-17, 20-24	partial
8	Choke Canyon - N. Shore Unit	Deer	GDE	special	48	Nov. 1-3, 8-10, 15-17, 22-24	N
9	Colorado Bend	Deer	GDE	special	60	Dec. 4-6, 11-13, 18-20	Y
	Colorado Bend	Deer	GDA	special	60	Jan. 8-10, 15-17, 22-24	Y
	Colorado Bend	Deer Youth	YDE	special	10	Dec. 26-27	Y
10	Cooper Lake- South Sulphur Unit	Deer		APH/OSR	NA	Dec. 7- 22	partial
11	Davis Mountains	Javelina (archery only)	GJE	special	20	Jan. 13-15, 15-17, 20-22, 22-24	partial
12	Devil's River	Exotics	EXO	special	40	Nov. 11-13, 18-20	Y
13	Devil's Sinkhole	Deer	ADE	special	20	Oct. 21-25	N/A
	Devil's Sinkhole	Deer	GDE	special	24	Nov. 4-6, 11-13	N/A
14	Martin Dies Jr.	Squirrel Youth		APH-OSR/ Reg		Dec. 7, 8, 14	partial
15	Enchanted Rock	Deer	GDA	special	60	Dec. 2-4,4-6, 16-18, 18-20, Jan. 6-8, 8-10	Y
16	Fairfield Lake	Deer	GDA	special	60	Dec. 2-4, 4-6, Jan. 6-8, 8-10	Y
17	Fort Boggy	Deer	ADE	special	30	Oct. 14-16, 16-18	Y
	Fort Boggy	Deer	GDE	special	30	Dec. 16-18, 18-20	Y
	Fort Boggy	Feral Hog	GFH	special	15	Jan. 27-29	Y
18	Garner	Deer	GDE	special	15	Dec. 3-5	Y
	Garner	Deer	GDA	special	30	Dec. 9-11, 11-13	Y
19	Guadalupe River	Deer	GDE	special	40	Jan.6-8, 13-15	Y
	Guadalupe River	Deer	GDA	special	40	Jan. 8-10, 15-17	Y
20	Hill Country	Deer	ADE	special	75	Dec. 2-5, 9-12, 16-19	Y
	Hill Country	Deer pending	GDE	special	40	Jan. 6-8, 13-15	Y
	Hill Country	Deer	GDA	special	60	Nov. 4-6, 11-13, 18-20	Y
21	Honey Creek	Deer	GDE	special	20	Jan. 6-8, 13-15	N/A
	Honey Creek	Deer	GDA	special	20	Jan. 8-10, 15-17	N/A
	Honey Creek	Deer Youth	YDE	special	20	Jan. 4-5, 11-12 Sat-Sun	N/A
22	Huntsville	Deer	GDA	special	45	Jan. 6-8, 8-10, 15-17	Y
	Huntsville	Deer NEW Youth	YDE	special	15	Dec. 30-31	Y
23/24	Inks Lake/Longhorn Caverns	Deer	GDE	special	10	Dec. 11-13	partial
	Inks Lake/Longhorn Caverns	Deer	GDA	special	40	Dec. 18-20, Jan. 8-10, 22-24, 29-31	partial
	Inks Lake/Longhorn Caverns	Deer Youth	YDE	special	10	Jan. 1-3	partial
25	Kickapoo Caverns	Deer	GDE	special	20	Dec. 2-4	N/A
	Kickapoo Caverns	Deer	GDA	special	25	Dec. 9-11	N/A
26	Lake Brownwood	Deer NEW	ADE	special	5	Jan. 7-9	Y
	Lake Brownwood	Deer	GDE	special	5	Jan. 14-16	Y
	Lake Brownwood	Deer	GDA	special	10	Jan. 21-23, 28-30	Y
27	Lake Houston	Deer	GDE	special	15	Jan. 6-8	partial
	Lake Houston	Deer	GDA	special	15	Jan. 13-15	partial
	Lake Houston	Deer Youth	YDE	special	15	Jan. 4-5	partial
	Lake Houston	Squirrel & rabbit		regular	N/A	Dec. 9-13 (a.m. only hunts)	Y
28	Lake Mineral Wells	Deer	GDA	special	20	Dec. 17-19 and Jan. 7-9	partial
29	Lake Bob Sandlin	Deer	GDA	special	6	Dec. 10-12	Y
30	Lake Somerville	Deer	GDE	special	40	Nov. 12-14	partial
	Lake Somerville	Deer	YDE	special	30	Dec. 21-22 Sat.-Sun	partial
31	Lake Whitney	Deer	GDA	special	20	Jan. 6-8, 8-10	Y
32	Lost Maples	Deer (muzzleloader)	GDE	special	24	Jan. 8-10, 15-17, 22-24	Y
33	Matagorda Island	Deer	GDE	special	25	Nov. 15-17	partial
	Matagorda Island	Deer	GDA	special	75	Nov. 29-Dec.1, 13-15, Jan. 3-5	partial
	Matagorda Island	Feral Hog	GFH	special	50	Jan. 24-26, 31-Feb. 2	partial
	Matagorda Island	Dove		Reg/APH	N/A	Sept. 20-22, Oct. 4-6	partial
	Matagorda Island	Waterfowl		Reg/APH		only on Sat. and Sun., a.m. only, during South Zone season for duck	partial
34	Mother Neff (prairie area )	Dove		APH	NA	Sept. 3-6, 9-13, 16-20, 23-27	partial
35	Pedernales Falls	Deer	GDE	special	15	Jan. 7-9	Y
	Pedernales Falls	Deer	GDA	special	45	Jan. 14-16, 21-23, 28-30	Y
36	Pedernales Falls Annex	Deer	ADE	special	6	Oct. 3-7, 17-21	N
	Pedernales Falls Annex	Deer	GDE	special	6	Oct. 31-Nov. 4, 14-18	N
37	Possum Kingdom	Deer Youth	YDE	special	18	Dec. 26-27, 30-31, Jan. 2-3	partial
38	Resaca de la Palma	Feral hog	GFH	special	18	Feb. 7-9, 14-16, 21-23	partial
	Resaca de la Palma	White-winged dove		APH-OSR/ Reg	N/A	Sept. 1, 2, 8, 9 pending.	N
	Resaca de la Palma	Mourning dove		APH	N/A	each day of the mourning dove season South Zone.	N
	Resaca de la Palma	Quail		APH	N/A	Oct. 26- Feb. 23 except closed on GFH hunt days	N
	Resaca de la Palma	Rabbits and Hares		APH	N/A	concurrent with dove and quail	N
39	San Angelo	Deer	GDE	special	50	Dec. 3-5	N
	San Angelo	Deer	GDA	special	60	Nov. 15-17	N
	San Angelo	Deer Youth	YDA	special	60	Nov. 9-10	N
	San Angelo	Turkey	GTS	special	40	Apr. 11-13, 18-20	N
	San Angelo	Archery Deer/Archery Turkey		APH/OSR		Sept. 28-Oct. 26	N
	San Angelo	Dove, Rabbit, Squirrel, & Waterfowl		APH/OSR	NA	Sept 1-27, on season dates open for each species on these dates.	N
	San Angelo	Dove, Quail, Rabbit, Squirrel, & Waterfowl		APH/OSR	NA	Dec. 14- Feb. 23, on season dates open for each species on these dates.	N
40	Sea Rim	Alligator Youth	YAL	Special	6	Sept. 21-22 Sat. - Sun.	N
	Sea Rim	Teal Duck		APH	NA	each day of the early teal season, ends at noon	N
	Sea Rim	Waterfowl		APH	N/A	Open on Sun, Wed, and Fri of the general duck season, except on Dec. 25 & Jan. 1.	N
	Sea Rim	Rail,Gallinule and snipe		APH	N/A	concurrent with teal and waterfowl dates	N
	Sea Rim	Waterfowl Youth		APH	N/A	each day of the special youth season, ends at noon	N
41	Seminole Canyon	Deer	GDE	special	34	Dec. 2-4, 4-6, 9-11, 11-13	Y
42	South Llano	Deer NEW	GDA	special	10	Jan.13-15, 15-17	Y
	South Llano	Exotic	EXO	special	10	Jan. 6-8, 8-10	Y
43	Tony Houseman	Feral hog		APH	NA	Oct. 5 - Mar. 16	N
	Tony Houseman	Furbearers/Predators		APH	NA	concurrent with feral hog and squirrel hunts including the youth season dates.	N
	Tony Houseman	Squirrel		APH	NA	no closed season	N
	Tony Houseman	Youth squirrel		APH	NA	Sept. 28-29	N
	Tony Houseman	teal		APH	early	Open each day of the early season	N
	Tony Houseman	Waterfowl: teal, duck & goose		APH	NA	Open each day of the North Zone duck season.	N
	Tony Houseman	Rabbits and hares		APH	NA	no closed season	N
	Tony Houseman	Fish, frogs, crayfish		APH	NA	no closed season	N
	Tony Houseman	Youth waterfowl		APH	N/A	Open each day of the season	N
	Tony Houseman	Dove		APH	N/A	each day of the mourning dove season Central Zone.	N

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