Commission Agenda Item No. 7
Presenter: Kevin Kraai

Action
Migratory Game Bird Proclamation
Late-Season Provisions
August 22, 2013

  1. Executive Summary: This item seeks adoption of proposed changes to regulations governing the take of late-season species of migratory game birds.
  2. 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 Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking. The proposed regulations (located at Exhibit A) appeared in the May 24, 2013, issue of the Texas Register (38 TexReg 3673). Following the issuance of early-season frameworks by the Service on June 21, 2013, the Executive Director on July 1, 2013, issued Executive Order 013-002, which adopted those portions of the proposal affecting early-season species (31 TAC §§65.314, 65.315, 65.319). The Notice of Adoption effecting that action appeared in the August 2, 2013, issue of the Texas Register (38 TexReg 4899), located at Exhibit B.

    Staff will seek Commission adoption of the portions of the proposal affecting late-season species (31 TAC §§65.318, 65.320, 65.321). Staff has gathered and analyzed public comment pertaining to the late-season provisions of the proposal, and a summary will be available at the time of the meeting.

  3. Recommendation: Staff recommends that the Commission adopt the proposed 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 May 24, 2013, issue of the Texas Register (38 TexReg 3290).”

Attachments – 2

  1. Exhibit A – Proposed Late Season Rules
  2. Exhibit B – Adopted Early-Season Provisions

Commission Agenda Item No. 7
Exhibit A

2013-2014 MIGRATORY GAME BIRD PROCLAMATION

PROPOSAL PREAMBLE

LATE-SEASON PROVISIONS

[Note: To avoid confusion, this proposal excludes the portions of the original proposal regarding early season migratory game birds which was adopted in July 2013.]

1. Introduction.

         The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.318, 65.320, and 65.321, concerning the Migratory Game Bird Proclamation. The United States Fish and Wildlife Service (Service) issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks, but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022, authorizes the  Commission to delegate rulemaking authority to the Executive Director.  31 Texas Administrative Code §65.313(f) authorizes the Executive Director, after notification of the Chairman of the Commission, to engage in rulemaking.

         The proposed amendment to 65.318, concerning Open Seasons and Bag and Possession Limits — Late Season, would lengthen the first segment of the duck season in the North Zone to include an additional seven days after the week of Thanksgiving and open the second segment one week later than last year. The proposed amendment is intended to provide additional hunter opportunity because the split in the North Zone season will not be concurrent with the split in the South Zone season. The seasons in the High Plains Mallard Management and South Zone retain the season structure and bag limits from last year and adjust the season dates to account for calendar shift.

         The portion of the proposed amendment to §65.318 involving goose seasons would open the season for white-fronted geese two weeks later than last year in the Eastern Zone and run it for the maximum number of days allowed under the federal frameworks. Department survey data indicate that hunter preference is for a later opener that closes concurrent with both the duck and other goose seasons in the Eastern Zone. The remaining seasons (Western Goose Zone, Sandhill Crane, and Youth Waterfowl) retain the season structure and bag limits from last year and adjust the season dates to account for calendar shift.

         The proposed amendment to §65.320, concerning Extended Falconry Season — Late Season Species, would adjust season dates to reflect calendar shift.

         The proposed amendment to §65.321, concerning Special Management Provisions, would adjust the dates for the conservation season on light geese to account for calendar shift.

         The proposed amendments are generally necessary to implement commission policy to provide the greatest hunter opportunity possible, consistent with hunter and landowner preference for starting dates and segment lengths, under frameworks issued by the Service.

2. Fiscal Note.

         Clayton Wolf, Wildlife Division Director, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.

3. Public Benefit/Cost Note.

         Mr. Wolf also has determined that for each of the first five years the proposed rules 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 for the use and enjoyment of the public, consistent with the principles of sound biological management.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird resources in this state and therefore do not directly affect small businesses or micro-businesses. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

         There also will be no adverse economic effect on 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 the department 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 2008, as a result of the proposed rules.

4. Request for Public Comment.

         Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4775 or 1-800-792-1112 (e-mail: robert.macdonald@tpwd.state.tx.us).

5. Statutory Authority.

         The amendments are proposed under Parks and Wildlife Code, Chapter 64, 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 proposed amendments affect Parks and Wildlife Code, Chapter 64.

         §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 (only two of which may be hens); three wood ducks;  six scaup (lesser scaup and greater scaup in the aggregate); two redheads; two pintail; one canvasback; and one "dusky" duck (mottled duck, Mexican like duck, black duck and their hybrids) during the seasons established in subparagraphs (A)(ii), (B)(ii), and (C)(ii) of this paragraph. For all other species not listed, the bag limit shall be six. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than two hooded mergansers.

                         (A) High Plains Mallard Management Unit:

                                  (i) all species other than "dusky ducks": October 26 — 27, 2013 and November 1, 2013 — January 26, 2014[October 27 — 28, 2012 and November 2, 2012 — January 27, 2013].

                                  (ii) "dusky ducks": November 4, 2013 — January 26, 2014[November 5, 2012 — January 27, 2013].

                         (B) North Zone:

                                  (i) all species other than "dusky ducks": November 2 – December 8, 2013 and December 21, 2013 — January 26, 2014 [November 3 – 25, 2012 and December 8, 2012 — January 27, 2013].

                                  (ii) "dusky ducks": November 7 – December 8, 2013 and December 21, 2013 — January 26, 2014[November 8 — 25, 2012 and December 8, 2012 — January 27, 2013].

                         (C) South Zone:

                                  (i) all species other than "dusky ducks": November 2 – December 1, 2013 and December 14, 2013 — January 26, 2014[November 3 – 25, 2012 and December 8, 2012 — January 27, 2013].

                                  (ii) "dusky ducks": November 7 – December 1, 2013 and December 14, 2013 — January 26, 2014[November 8 — 25, 2012 and December 8, 2012 — January 27, 2013].

                 (2) Geese.

                         (A) Western Zone.

                                  (i) Light geese: November 2, 2013 — February 2, 2014[November 3, 2012 — February 3, 2013]. The daily bag limit for light geese is 20, and there is no possession limit.

                                  (ii) Dark geese: November 2, 2013 — February 2, 2014[November 3, 2012 — February 3, 2013]. The daily bag limit for dark geese is five, to include no more than one white-fronted goose.

                         (B) Eastern Zone.

                                  (i) Light geese: November 2, 2013 — January 26, 2014[November 3, 2012 — January 27, 2013]. The daily bag limit for light geese is 20, and there is no possession limit.

                                  (ii) Dark geese:

                                          (I) White-fronted geese: November 16, 2013 — January 26, 2014 [November 3, 2012 — January 13, 2013]. The daily bag limit for white-fronted geese is two.

                                          (II) Canada geese: November 2, 2013 — January 26, 2014[November 3, 2012 — January 27, 2013]. The daily bag limit for Canada geese is three.

                 (3) Sandhill cranes. A free permit is required of any person to hunt sandhill cranes in areas where an open season is provided under this proclamation. Permits will be issued on an impartial basis with no limitation on the number of permits that may be issued.

                         (A) Zone A: November 2, 2013 — February 2, 2014[November 3, 2012 — February 3, 2013]. The daily bag limit is three. The possession limit is six.

                         (B) Zone B: November 22, 2013 — February 2, 2014[November 23, 2012 — February 3, 2013]. The daily bag limit is three. The possession limit is six.

                         (C) Zone C: December 21, 2013 — January 26, 2014[December 22, 2012 — January 27, 2013]. The daily bag limit is two. The possession limit is four.

                 (4) Special Youth-Only Season. There shall be a special youth-only waterfowl season during which the hunting, taking, and possession of geese, 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 paragraphs (1) and (2) of this section. Season dates are as follows:

                         (A) High Plains Mallard Management Unit: October 19 — 20, 2013 [October 20 — 21, 2012];

                         (B) North Zone: October 26 — 27, 2013[October 27 — 28, 2012]; and

                         (C) South Zone: October 26 — 27, 2013[October 27 — 28, 2012].

         §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.

                 (1) Ducks, coots, and mergansers:

                         (A) High Plains Mallard Management Unit: no extended season;

                         (B) North Duck Zone: January 27 — February 10, 2014[January 28 — February 11, 2013];

                         (C) South Duck Zone: January 27 — February 10, 2014[January 28 — February 11, 2013].

                 (2) 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. The following means and methods are lawful during the time periods set forth in paragraph (4) 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 (4) 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 (WRD) from the person who killed the birds. A properly executed WRD satisfies the tagging requirements of 50 CFR Part 20. The WRD 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 WRD 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 (4) of this section, shooting hours are from one half-hour before sunrise until one half-hour after sunset.

                 (4) Special Light Goose Conservation Period.

                         (A) From January 27 — March 23, 2014[January 28 — March 24, 2013], the take of light geese is lawful in Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

                 (B) From February 3 – March 23, 2014[February 4 — March 24, 2013], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title.

         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


Commission Agenda Item No. 7
Exhibit B

2013-2014 MIGRATORY GAME BIRD PROCLAMATION

ADOPTION PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department (the department) adopts amendments to §§65.314, 65.315, and 65.319, concerning the Migratory Game Bird Proclamation. Section 65.315 and §65.319 are adopted with changes to the proposed text as published in the May 24, 2013, issue of the Texas Register (38 TexReg 3290).  Section 65.314 is adopted without change and will not be republished.

         The change to §65.315, concerning Open Seasons and Bag and Possession Limits-Early Season, increases the daily bag limit from four to six for teal ducks during the early September teal season and increases the possession limit for all species of early-season migratory game birds, from twice the daily bag limit to three times the daily bag limit. It is the policy of the Texas Parks and Wildlife Commission to adopt the most liberal provisions possible, consistent with hunter preference, under the frameworks issued by the United States Fish and Wildlife Service (Service) in order to provide maximum hunter opportunity. This year, the federal framework for early-season species of migratory game birds offered a six-bird maximum daily bag limit for teal and an increase in the possession limit for all species of migratory game birds to three times the daily bag limit.

2. Justification for the Rules.

         The Service issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks, but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022, authorizes the  Commission to delegate rulemaking authority to the Executive Director.  31 Texas Administrative Code §65.313(f) authorizes the Executive Director, after notification of the Chairman of the Commission, to engage in rulemaking.

         Typically, the Service issues the preliminary early-season (dove, teal, snipe, rails, woodcock,  gallinules, gallinules) frameworks in late June and the preliminary late-season (ducks, geese, cranes) frameworks in early August. Because there is no Commission meeting between May and late August, the 2013-14 early-season migratory game bird regulations are being adopted by authority delegated to the Executive Director.

         The proposed amendments to the migratory game bird regulations published in the May 24, 2013 issue of the Texas Register (38 TexReg 3290) also included amendments to §§65.318, 65.320, and 65.321, which affect late-season species of migratory game birds. The proposed amendments to §§65.318, 65.320, and 65.321 will be considered for adoption by the Commission following the release of the late-season frameworks by the Service in early August, after which the department will file notice of adoption.

         The amendment to §65.314, concerning Zones and Boundaries for Early Season Species, expands the Special White Winged Dove Area (SWWDA) in South Texas. For the last two decades, white-winged dove populations have steadily expanded both their numbers and their geographical extent. The department believes this expansion warrants enlargement of the SWWDA in South Texas to provide more hunting opportunity. The Service has determined that expansion of the SWWDA will not result in any negative impacts to dove populations in South Texas.  The department has determined that the zone expansion will not result in either depletion or waste.

         The amendment to §65.315, concerning Open Seasons and Bag and Possession Limits — Early Season, adjusts the season dates for early-season migratory game birds to allow for calendar shift (i.e., to ensure that seasons open on the desired day of the week, since dates from a previous year do not fall on the same days in following years).

         The amendment to §65.315 also implements a 16-day statewide teal season, accounting for calendar shift, to run from September 14-29, 2013, and increases the daily bag limit from four birds to six.  In addition, the amendment implements a 16-day early Canada goose season, also accounting for calendar shift, in the Eastern Zone to run from September 14-29, 2013.

         Finally, as noted previously in this preamble, the amendment to §65.315 increases the possession limit for all species of early-season migratory game birds, from twice the daily bag limit to three times the daily bag limit.

         The amendment to §65.319, concerning Extended Falconry Season — Early Season Species, adjusts season dates to provide maximum opportunity for the take of early-season species by means of falconry. Because of the dove season structure, adoption of an extended falconry season based strictly on calendar shift would result in reduced opportunity because it would overlap the dove season and result in fewer total days of falconry-only hunting opportunity. The amendment as adopted also increases the possession limit for reasons discussed elsewhere in this preamble.

4. Summary of Public Comment.

         The department received three comments opposing adoption of the portion of proposed §65.314 that establishes a new boundary for the SWWDA. One of the commenters offered a reason or rationale for opposing adoption. The commenter stated that there should not be a special zone for white wing doves. The department disagrees with the comment and responds that without the SWWDA designation, there could be no dove hunting in South Texas prior to the regular opening day for the South Zone.  The SWWDA designation allows a portion of South Texas to enjoy hunting several weeks earlier than what would otherwise be authorized. No changes were made as a result of the comment.

         The department received six comments in support of adoption of the portion of proposed §65.314 that establishes a new boundary for the SWWDA.

         The department received four comments opposing adoption of the portion of proposed §65.315 that establishes season dates and bag limits for doves. All four of the commenters offered a reason or rationale for opposing adoption. Those comments, accompanied by the department’s response to each, follow.

         One commenter opposed adoption and stated that the daily bag limit in the SWWDA should include four mourning doves and the possession limit should be expanded to a minimum of 90 doves, including 12 mourning doves. The department disagrees with the comment and responds that the federal frameworks do not allow the department to authorize the take of more than two mourning doves per day per person during the special white-wing dove season, nor do they permit any person to be in possession of more than 45 birds at any time. No changes were made as a result of the comment.

         One commenter opposed adoption and stated that the winter segment dates in the North Zone reflect a bias by the commission towards South Texas. The department disagrees with the comment and responds that the dates chosen for the winter segment in the North Zone reflect the commission’s interest in providing more hunting opportunity surrounding the holidays, when youth are out of school and families are together. No changes were made as a result of the comment.

         One commenter opposed adoption and stated that the possession limit should be increased to three times the daily bag limit or 90 birds. The department both agrees and disagrees with the comment and responds that this year the federal frameworks allow Texas to increase possession limits to three times the daily bag limit, which is adopted in this rulemaking; however, the maximum daily bag limit allowed under the federal frameworks is 15 birds, which means that the maximum possession limit is 45. No changes were made as a result of the comment.

         One commenter opposed adoption and stated that the possession limit should be three times the daily bag limit. The department agrees with the comment and for reasons discussed elsewhere in this preamble has made changes accordingly.

         The department received six comments supporting adoption of the portion of proposed §65.315 that establishes season dates and bag limits for doves.

         The department received six comments opposing adoption of the portion of proposed §65.315 that establishes season dates and bag limits for teal. Four of the commenters offered a reason or rationale for opposing adoption. Those comments, accompanied by the department’s response to each, follow.

         One commenter opposed adoption and stated that the season should be 23 days in length starting September 14 and ending October 6, 2013. The commenter also stated that the daily bag limit should be increased to six, the possession limit should be three times the daily bag limit, and the September teal season days should not count against the 107 days of total hunting opportunity allowed under the federal frameworks. As noted earlier, the department agrees that the daily bag and possession limits should be increased, and has made those changes accordingly; however, under the federal frameworks issued by the Service, the department cannot exceed 16 days of early teal opportunity or 107 days of total hunting opportunity and does not have the authority to unilaterally except itself from those limitations. No changes were made as a result of the comment.

         One commenter opposed adoption and stated that the teal season should be shortened in order to add more days to the regular duck season. The department disagrees with the comment.  Federal frameworks only allow for a 74 day duck season and the addition of the special September teal season does not have an effect on total days allowed for the regular ducks season.  Additionally, hunter surveys indicate a strong preference for the early September teal season to be as long as possible under the federal frameworks. No changes were made as a result of the comment.

         Two commenters opposed adoption and stated that the bag limit should be six, the same as it is during the regular duck season. The department agrees with the comment and responds that changes have been made accordingly, for reasons explained elsewhere in this preamble.

         The department received three comments supporting adoption of the portion of proposed §65.315 that establishes season dates and bag limits for teal.

          The department received one comment opposing adoption of the portion of proposed §65.315 that establishes season dates and bag limits for Canada geese. The commenters did not offer a reason or rationale for opposing adoption. No changes were made as a result of the comment.

         The department received three comments supporting adoption of the portion of proposed §65.315 that establishes season dates and bag limits for Canada geese.

          The department received one comment opposing adoption of the portion of proposed §65.315 that establishes season dates and bag limits for rails, gallinules, snipe, and woodcock. The commenters did not offer a reason or rationale for opposing adoption. No changes were made as a result of the comment.

         The department received two comments supporting adoption of the portion of proposed §65.315 that establishes season dates and bag limits for rails, gallinules, snipe, and woodcock.

         The department received one comment opposing adoption of proposed §65.319, regarding extended falconry season for early season species of migratory game birds. The commenter did not offer a reason or rationale for opposing adoption. No changes were made as a result of the comment.

         The department received one comment supporting adoption of proposed §65.319, regarding extended falconry season for early season species of migratory game birds.

         No groups or association commented in support of or opposition to any of the proposed amendments.

5. Statutory Authority.

         The amendments are adopted under Parks and Wildlife Code, Chapter 64, 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.

         §65.314. Zones and Boundaries for Early Season Species.

                 (a) Rails: statewide.

                 (b) Mourning and white-winged doves.

                         (1) North Zone: That portion of the state north of a line beginning at the International Bridge south of Fort Hancock; thence north along FM 1088 to State Highway 20; thence west along State Highway 20 to State Highway 148; thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock; thence east along Interstate Highway 10 to Interstate Highway 20; thence northeast along Interstate Highway 20 to Interstate Highway 30 at Fort Worth; thence northeast along Interstate Highway 30 to the Texas-Arkansas state line.

                         (2) Central Zone: That portion of the state between the North Zone and the South Zone.

                         (3) South Zone: That portion of the state south of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to State Loop 1604; thence following Loop 1604 south and east to Interstate Highway 10; thence east along Interstate Highway 10 to the Texas-Louisiana State Line.

                         (4) Special white-winged dove area: That portion of the state south and west of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to State Loop 1604; thence along Loop 1604 south and east to Interstate Highway 37; thence south along Interstate Highway 37 to U.S. Highway 181 in Corpus Christi; thence north and east along U.S. 181 to the Corpus Christi Ship Channel, thence eastwards along the south shore of the Corpus Christi Ship Channel to the Gulf of Mexico.

                 (c) Gallinules (Moorhen or common gallinule and purple gallinule): statewide.

                 (d) Teal ducks (blue-winged, green-winged, and cinnamon): statewide.

                 (e) Woodcock: statewide.

                 (f) Wilson’s (Common) snipe: statewide.

         §65.315. Open Seasons and Bag and Possession Limits — -Early Season.

                 (a) Rails.

                         (1) Dates: September 14 — 29, 2013 and November 2 — December 25, 2013.

                         (2) Daily bag and possession limits:

                                  (A) king and clapper rails: 15 in the aggregate per day; 45 in the aggregate in possession.

                                  (B) sora and Virginia rails: 25 in the aggregate per day; 75 in the aggregate in possession.

                 (b) Dove seasons.

                         (1) North Zone.

                                  (A) Dates: September 1 — October 23, 2013 and December 20, 2013 — January 5, 2014.

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (2) Central Zone.

                                  (A) Dates: September 1 — October 23, 2013 and December 20, 2013 — January 5, 2014.

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (3) South Zone.

                                  (A) Dates: Except in the special white-winged dove area as defined in §65.314 of this title (relating to Zones and Boundaries for Early Season Species), September 20 — October 27, 2013 and December 20, 2013 — January 20, 2014.

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (4) Special white-winged dove area.

                                  (A) Dates: September 1, 2, 7, and 8, 2013.

                                           (i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped doves per day.

                                          (ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 mourning doves and 6 white-tipped doves in possession.

                                  (B) Dates: September 20 — October 23, 2013 and December 20, 2013 — January 20, 2014.

                                          (i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two white-tipped doves per day;

                                          (ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 white-tipped doves in possession.

                 (c) Gallinules.

                         (1) Dates: September 14 — 29, 2013 and November 2 — December 25, 2013.

                         (2) Daily bag and possession limits: 15 in the aggregate per day; 45 in the aggregate in possession.

                 (d) September teal-only season.

                         (1) Dates: September 14 — 29, 2013.

                         (2) Daily bag and possession limits: six in the aggregate per day; 18 in the aggregate in possession.

                 (e) Red-billed pigeons, and band-tailed pigeons.  No open season.

                 (f) Shorebirds. No open season.

                 (g) Woodcock: December 18, 2013 – January 31, 2014. The daily bag limit is three. The possession limit is nine.

                 (h) Wilson’s snipe (Common snipe): November 2, 2013 — February 16, 2014. The daily bag limit is eight. The possession limit is 24.

                 (i) Canada geese: September 14 — 29, 2013 in the Eastern Goose Zone as defined in §65.317(b) of this title (relating to Zones and Boundaries for Late Season Species). The daily bag limit is three. The possession limit is nine.

         §65.319. Extended Falconry Season — Early 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:

                         (1) mourning doves, white-winged doves and white-tipped doves: November 9 — December 15, 2013.

                         (2) rails and gallinules: January 27 — February 10, 2014.

                         (3) woodcock: January 27 — February 10, 2014.

                 (b) The daily bag and possession limits for migratory game birds under this section shall not exceed three and nine birds respectively, singly or in the aggregate.

         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