Mar. 25-26, 2009 Commission Meeting Agenda
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Regulations Committee

Wednesday, 9:00 am, March 25, 2009

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX 78744

Commissioner T. Dan Friedkin, Committee Chair
Scott Boruff, Committee Liaison

Approval of Previous Meeting Minutes

  1. Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan
    Staff: Carter Smith
  2. Potential Changes to the Migratory Game Bird Proclamation - Permission to Publish Proposed Changes in the Texas Register
    Staff: Dave Morrison, Corey Mason
  3. Proposed Changes to the Alligator Proclamation - Permission to Publish Changes in the Texas Register
    Staff: Amos Cooper
  4. Deer Breeder Rule Amendments (Action Item No. 3)
    Staff: Mitch Lockwood
  5. Trapping, Transporting, and Transplanting (TTT) Deer Permit Rule Amendments – Application Materials Deadline (Action Item No. 4)
    Staff: Alan Cain
  6. 2009-2010 Statewide Hunting and Fishing Proclamation (Action Item No. 5)
    • Recommended Adoption of Proposed Changes
    Staff: Ken Kurzawski, Robin Riechers, Clayton Wolf

Committee Agenda Item No. 1
Presenter: Carter Smith

Regulations Committee
Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan
March 25, 2009

I. Executive Summary: Executive Director Carter Smith will briefly update the Commission on the status of the agency's efforts to implement the Land and Water Resources Conservation and Recreation Plan (the Plan).

II. Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wild. Code §11.104). In November 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. The Plan is available on the TPWD web site. Executive Director Carter Smith will update the Regulations Committee on TPWD's recent progress in achieving the Plan's Goals and Objectives as they relate to the Regulations Committee.

The Plan consists of 8 Goals and a total of 56 Objectives. The Goals stated in the Plan are as follows:

Committee Agenda Item No. 2
Presenters: Dave Morrison
Corey Mason

Regulations Committee
Potential Changes to the Migratory Game Bird Proclamation
March 25, 2009

I. Executive Summary: This item:

II. 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. At present, the U.S. Fish and Wildlife Service (Service) has not issued the annual regulatory frameworks for migratory game birds. Typically, the Service issues the preliminary early-season (dove, teal, snipe, rails, gallinules) frameworks in late June and the preliminary late-season (ducks, geese, cranes) frameworks in early August. The Service typically issues the final early-season frameworks in early August and the final late-season frameworks in late September. Because no Commission meetings occur between May and August, the early-season regulations are adopted by the Executive Director in early July, using the rulemaking authority delegated by the Commission.

Attachments - 2

  1. Exhibit A – Proposed Early Season
  2. Exhibit B – Proposed Late Season

Committee Agenda Item No. 2
Exhibit A

Summary: Proposed 2009-2010 Dove, Teal, Rail, Snipe, and Gallinule Open Seasons, Shooting Hours, Bag and Possession Limits

  1. Mourning doves and white-winged doves
    1. North Zone:
      1. Dates: 41 days beginning Tuesday, September 1 (Sept.1–Oct.11, 2009 and 29 days beginning Dec. 5, 2009-Jan. 2. 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 15 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 30 in aggregate including no more than 4 white-tipped doves in possession.
    2. Central Zone:
      1. Dates: 55 consecutive days beginning Monday, September 1 (Sept. 1-Oct. 25, 2009 and 15 days beginning Dec. 26, 2009-Jan. 9. 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 15 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 30 in aggregate including no more than 4 white-tipped doves in possession.
    3. South Zone except special white-winged dove area:
      1. Dates: 47 consecutive days beginning Friday, September 18 (Sept. 18 — Nov. 3, 2009) and 23 consecutive days beginning Saturday, December 26 (Dec.26, 2009–Sunday, Jan.17, 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 15 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 30 in aggregate including no more than 4 white-tipped doves in possession.
    4. Special White-winged Dove Area in the South Zone:
      1. Dates: The first complete weekend and the next Friday and Saturday in September (Sept. 5,6,11,12, 2009)
      2. Shooting hours: noon to sunset Sept. 5, 6, 11, 12, thereafter one-half hour before sunrise to sunset.
      3. Bag and possession limits:
        1. September 5, 6, 11, 12: 12 white-winged, mourning and white-tipped doves in the aggregate including no more than 4 mourning doves and 2 white-tipped doves per day; 24 white-winged, mourning, and white-tipped doves in the aggregate including no more than 8 mourning doves and 4 white-tipped doves in possession.
        2. Thereafter: 15 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 30 in aggregate including no more than 4 white-tipped doves in possession.
    5. Falconry only- Statewide
      1. Dates: Nov. 19-Dec. 25, 2009
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  2. Teal (blue-winged, green-winged, and cinnamon).
    1. Legal Firearms — Statewide:
      1. Dates: 16 consecutive days beginning on the 3rd Saturday in September (Sept.12-27).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 4 and 8 in the aggregate, respectively.
  3. Rails.
    1. Legal Firearms — Statewide:
      1. Dates: 16 consecutive days (Sept.12-27, 2009) and 54 consecutive days beginning October 31 (Oct. 31-Dec. 23, 2009).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits:
        1. King and clapper rails: 15 and 30, respectively.
        2. Sora and Virginia rails: 25 and 25, respectively.
        3. Falconry only- Statewide
      4. Dates: Dec. 26, 2009-Jan. 31, 2010
      5. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  4. Gallinules. All species (common moorhen and purple gallinule).
    1. Legal Firearms — Statewide:
      1. Dates: 16 consecutive days (Sept. 12-27, 2009) and 54 consecutive days beginning October 31 (Oct. 31 — Dec. 23, 2009).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 15 and 30, respectively.
    2. Falconry only- Statewide
      1. Dates: Dec. 26- Jan. 31, 2010
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  5. Woodcock.
    1. Legal Firearms — Statewide
      1. Dates: 45 consecutive days beginning Thursday, December 18 (Dec.18, 2009-Jan.31, 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 3 and 6, respectively.
    2. Falconry only- Statewide
      1. Dates: Nov. 24-Dec. 17, 2009
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  6. Wilson’s snipe (Common snipe or jacksnipe)
    1. Legal Firearms — Statewide
      1. Dates: 107 consecutive days beginning Saturday, October 31 (Oct. 31 2009–Feb.14, 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 8 and 16, respectively.
  7. Sandhill Crane (A permit is required of any person hunting sandhill cranes in areas where an open season is provided.)
    1. Zone A
      1. Dates: 93 consecutive days beginning Saturday, November 7(Nov. 7, 2009–Feb.7, 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 3 and 6, respectively.
    2. Zone B
      1. Dates: 73 consecutive days beginning Friday, November 27 (Nov. 27, 2009–Feb.7, 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 3 and 6, respectively.
    3. Zone C
      1. Dates: 37 consecutive days beginning Saturday, December 26 (Dec. 26, 2009–Jan. 31, 2010).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 2 and 4, respectively.
  8. Red-billed pigeon, band-tailed pigeons, and shorebirds: No open season.
  9. Eurasian collared doves and rock pigeons (domestic pigeons) are not protected. There are no season length or bag limit restrictions. Hunters taking these species are advised to retain evidence of species (head or wing) on the carcass until reaching the final destination.
  10. Commission policy for the dove season opening dates for the North and Central Zones is September 1 regardless of the day of the week and the Friday nearest September 20 but no earlier than Sept. 17 in the South Zone. The rail and gallinule early season are 16 days to correspond with anticipated teal season. In addition, the snipe, rail and gallinule second season opening correspond with the anticipated opening date of the general waterfowl season.

Committee Agenda Item No. 2
Exhibit B

Proposed 2009-2010 Waterfowl Open Seasons, Shooting Hours, Bag and Possession Limits

Proposed Goose Season Dates
Zone Species Dates Bag Limits

West

Light and Dark Geese

Nov. 7 — Feb. 7

 Western Zone Daily Bag Limit:

Light geese — 20 in the aggregate

Dark geese — 4 Canada and 1 White-fronted goose.

Light Geese

(Conservation Order)

Feb. 8 — Mar. 28

Light geese — No Limit during the Conservation Order

East

Light Geese

Oct. 31 — Jan. 31

Eastern Zone Daily Bag Limit:

Light geese — 5 in the aggregate;

3 Canada geese and 2 White-fronted geese.  POSSESSION LIMIT:  Twice the daily bag limit

White-fronted Goose

Oct. 31 — Jan. 10

Canada Goose

Oct. 31 — Jan. 31

Light Geese

(Conservation Order)

Feb. 1 — Mar. 28

Light geese — 5 in the aggregate.  No Possession Limit during the Conservation Order
Proposed Duck Season Dates: (Shooting Hours: ½ hour before sunrise to sunset)
Zone Hunt Type Dates Bag Limit
High Plains Mallard Management Unit Youth Oct. 17-18 DUCK DAILY BAG LIMIT: The daily bag limit for ducks is 6 and can include no more than 5 mallards only 2 of which may be hens; 3 wood ducks; 2 scaup (lesser scaup and greater scaup in the aggregate); 2 redheads; 1 pintail; 1 canvasback and 1 dusky duck (mottled duck, Mexican like duck, black duck and their hybrids)

Merganser Daily Bag Limit: 5 in the aggregate, to include no more than 2 hooded mergansers.

Coot Daily Bag Limit: 15

POSSESSION LIMIT: Twice the daily bag limit.
Regular Gun Oct. 24-25 Oct. 30-Jan. 24
North Youth Oct. 24-25
Regular Gun Oct. 31-Nov. 29 Dec. 12-Jan. 24
Falconry Jan. 25-Feb. 8
South Youth Oct. 24-25
Regular Gun Oct. 31-Nov. 29 Dec. 12-Jan. 24
Falconry Jan. 25-Feb. 8
Proposed Sandhill Crane Dates
Zone Species Dates Bag Limits
A Sandhill Crane Nov. 7-Feb. 7 3/6
B Sandhill Crane Nov. 27-Feb. 7 3/6
C Sandhill Crane Dec. 26-Jan. 31 2/4

Committee Agenda Item No. 3
Presenter: Amos Cooper

Regulations Committee
Proposed Changes to the Alligator Proclamation
March 25, 2009

I. Executive Summary: This item seeks permission to publish proposed changes to alligator regulations. The proposed change would amend 31 Texas Administrative Code §65.357 to require a person who takes an alligator on public hunting lands to obtain a commercial alligator hide tag at any time that the person seeks to engage in a commercial use of the alligator or part of the alligator.

II. Discussion: Under Parks and Wildlife Code, Chapter 65, the Commission is authorized to regulate the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator that the commission considers necessary to manage this species.

Current rules require a public hunter to purchase a commercial hide tag if the hunter intends to commercially use an alligator harvested on public hunting lands. The proposed rule would clarify that this provision applies at all times and not just at the time of harvest.