Presenters: Vernon Bevill

Commission Agenda Item No. 5
Migratory Game Bird Proclamation - Late Season Provisions
August 21, 2008

I. Executive Summary: This item presents:

II. Discussion: Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds is delegated to the Commission under Parks and Wildlife Code, Chapter 64, Subchapter C; however, state rules must be consistent with annual frameworks for season lengths, bag limits, means, methods, and devices issued by the U.S. Fish and Wildlife Service (Service) for various species of migratory game birds. Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking.

The Regulations Committee at its May 21, 2008 meeting authorized the publication of the proposed 2008-09 Migratory Game Bird Proclamation in the Texas Register for public comment. The proposed regulations (located at Exhibit A) appeared in the June 27, 2008, issue of the Texas Register (33 TexReg 4965) and consisted of general provisions, provisions affecting early-season species, and provisions affecting late-season species.

Early Season: Following the issuance of early-season frameworks by the Service, the Executive Director on July 29, 2008, issued Executive Order 08-004, which adopted those portions of the proposal affecting general provisions and the season dates and bag limits for early-season species.

Late Season: The Service issued frameworks for late-season species of migratory game birds in early August. Staff will inform the Commission of any changes to the proposed late-season regulations necessitated by federal action. Staff has gathered and analyzed public comment pertaining to the late-season provisions and a summary will be presented at the time of the meeting.

III. 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, 65.320, and 65.321, concerning the Migratory Game Bird Proclamation, with changes as necessary to the proposed text (located at Exhibit A) as published in the June 27, 2008, issue of the Texas Register (33 TexReg 4965)."

Attachments - 2

  1. Exhibit A - Proposed Migratory Game Bird Rules
  2. Exhibit B - Adopted Early Season Provisions