TPWD: March 24, 2016 Commission Meeting Agenda

March 23-24, 2016, Commission Meeting Agenda

Work Session

Work Session

Commission Agenda Items

Commission Agenda Item No. 4
Presenter: Alan Cain
Dave Morrison

Action
2016-2017 Statewide Hunting Proclamation
Recommended Adoption of Proposed Rules
March 24, 2016

I. Executive Summary: This item seeks adoption of proposed changes to the Statewide Hunting Proclamation and the Migratory Game Bird Proclamation. The proposed changes are as follows:

White-tailed Deer

Eliminate the Antlerless and Spike-buck Control Permit;
Create a definition of “unbranched antlered deer”;
Replace the “Special Late Antlerless and Spike-buck Season” with a “Special Late Season” to accommodate the inclusion of “unbranched antlered deer” in the bag limit;
Allow the take of antlerless deer without a permit on U.S. Forest Service Lands during youth-only seasons;
Implement a full white-tailed deer season (and archery-only open season) in 14 Panhandle counties;
Implement additional “doe days” in 23 counties and portions of two counties; and
Implement a muzzleloader-only open season in 32 additional counties.

Migratory Game Bird Regulations

Establish regulations governing the take of migratory game birds (all species), including the following, in addition to making adjustments for calendar shift:

modifying the North Dove Zone and adding a portion of the additional 20 days to the first split of the season thereby extending length of the first split;
modifying the Central Dove Zone and adding a portion of the additional 20 days to both splits in the Central Zone;
modifying the South Dove Zone and Special White-winged dove area and adding a portion of the additional 20 days to both splits in the respective areas;
shifting the opening date later and implementing a shorter split for duck hunting in the North Zone;
shifting the opening date one week later and ending the season on the latest date allowable by Federal Frameworks for duck hunting in the South Zone; and
shifting the opening date one week later for goose hunting in the West Zone.

Miscellaneous Housekeeping-type Changes

Clarification of general rules regarding antlerless deer permit applicability.

II. Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61. The potential changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable. The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.

At the Work Session meeting on January 20, 2016, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 19, 2016, issue of the Texas Register (41 TexReg 1205). A summary of public comment on the proposed rules will be presented at the time of the hearing.

III. Recommendation: Staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts the repeal of §65.27 and amendments to §§65.3, 65.7, 65.9, 65.10, 65.24, 65.25, and 65.42, concerning the Statewide Hunting Proclamation and amendments to §§65.315 and 65.318-65.321, concerning the Migratory Game Bird Proclamation, with changes as necessary to the proposed text as published in the February 19, 2016, issue of the Texas Register (41 TexReg 1205, 1216).”

Attachments – 2

Exhibit A – Statewide Hunting Proclamation
Exhibit B – Migratory Game Bird Proclamation

Commission Agenda Item No. 4
Exhibit A

2016-2017 STATEWIDE HUNTING PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department (the department, or TPWD) proposes the repeal of §65.27 and amendments to §§65.3, 65.7, 65.9, 65.10, 65.24, 65.25, and 65.42, concerning the Statewide Hunting Proclamation.

The proposed repeal of §65.27, concerning Antlerless and Spike-buck Deer Control Permits (control permits) is necessary because the department is eliminating that permit program. Participation has diminished to the point that fewer than five permits per year are issued, which does not justify the administrative costs to the department, especially considering that the department’s Managed Lands Deer Permit (MLDP) program (and its successor program, scheduled to take effect September 1, 2017) allows landowners and land managers to achieve the same goals without having to purchase a permit. As a result of the proposed elimination of the program, the proposed amendments to §65.7, concerning Harvest Log; §65.10, concerning Possession of Wildlife Resources; §65.24, concerning Permits; §65.25, concerning Wildlife Management Plan (WMP); and §65.42, concerning Deer are necessary to remove references to the control permit.

The proposed amendment to §65.3, concerning Definitions, would add a new definition for “unbranched antlered deer, defined as “a buck deer having at least one unbranched antler.” The new definition is necessary because the proposed amendment to §65.42, concerning Deer, would, among other things, eliminate the current late antlerless and spike buck season and replace it with a special late season during which harvest would be restricted to antlerless and unbranched antlered deer.

The proposed amendment to §65.9, concerning Open Seasons: General Rules, would add language to subsection (b) to clarify that the provision applies only to white-tailed deer. The provisions of §65.42(c) specify the permit requirements for the harvest of antlerless mule deer during archery-only open seasons and thus there is an unintentional conflict with the current provisions of §65.9(b). The proposed amendment would eliminate that conflict.

The proposed amendment to §65.42, concerning Deer, consists of several actions.

As mentioned previously in this preamble, the department proposes to eliminate the current Late Antlerless and Spike Buck Season and replace it with a special late season during which harvest is restricted to antlerless and unbranched antlered deer. In another rulemaking, the department adopted new §65.29 (41 TexReg 806) to create a Managed Lands Deer Program (MLDP) beginning September 1, 2017. In order to provide greater management flexibility to program participants, new §65.29 in certain situations allows for the harvest of unbranched antlered deer. The department considers that in those counties where the “antler restriction rule” (defining a legal buck as a buck with at least one unbranched antler or an inside spread of 13 inches or greater and limiting the harvest to no more than one buck with an inside spread of 13 inches or greater) is in place, the new MLDP rule could cause confusion with respect to which buck deer are lawful to take. Therefore, the proposed amendment would create a single standard (the unbranched antlered deer) to facilitate compliance and enforcement.

The proposed amendment to §65.42 would also expand the number of “doe days” (time periods in when antlerless deer may be taken without a permit in parts of the state where antlerless harvest regulations are conservative) in 23 counties. The current deer harvest regulations in Bell (east of IH35), Burleson, Ellis, Falls, Freestone, Kaufman, Limestone, Milam, Navarro, and Williamson (east of IH35) counties have allowed the harvest of antlerless deer only by permit. Deer population trends in this area have experienced a 23% population increase during the past six years. The doe/buck ratio of 3.5 is considered relatively high and likely extends both the breeding and fawning seasons, thus resulting in poor recruitment (33-42%). The implementation of antler-restriction regulations in these counties has helped improve the adult sex ratio, but current antlerless deer harvest regulations are a barrier to successful management of the increasing deer population. The fifteen-year average hunter success in the Post Oak region is 45.2% and trends suggest an increasing hunter success, but antlerless harvest comprises only 34.5% of total harvest (15-year avg.). Increased doe harvest during the general season is needed to reduce the impact of the deer herd upon the habitat, improve the sex ratio, shorten the breeding season, and improve fawning success. Therefore, the department is proposing four “doe days” in these counties, during which hunters may harvest antlerless deer without a permit. The proposed amendment would have the additional benefit of increasing hunting opportunity.

The proposed amendment would also expand “doe days” in Anderson, Brazos, Camp, Gregg, Grimes, Henderson, Lamar, Leon, Madison, Morris, Red River, Robertson, and Upshur counties, from the current four days to 16 days. These counties span the eastern edge of the Post Oak Savannah and the western edge of the Pineywoods ecoregions. Deer populations in this group of counties appear to be on an increasing trend (based on survey results), and data indicate that populations are currently at or slightly above desired densities. At current population and harvest levels, habitat quality and quantity will be degraded, affecting all species on the landscape. The doe/buck ratio is skewed towards does (6.3:1), and the reduced number of bucks creates increased hunting pressure on the buck segment of the deer herd. Buck harvest in these counties appears to have increased slightly, while antlerless deer harvest has remained stable based on age/weight/antler data collection efforts. Counties are experiencing suboptimal antlerless harvest, which is indicated by an increasing trend in the age structure of the doe population. Antlerless harvest remains well below 50% of the total harvest, which is undesirable. Overall, the deer herd in these counties appears to be above carrying capacity and not responding satisfactorily to the current number of “doe days.” The proposed expansion from four “doe days” to 16 “doe days” is expected to provide additional hunting opportunity while reducing the number of deer to benefit the deer population and the native habitat. The additional doe harvest may also alleviate some of the harvest pressure on the buck segment of the herd and result in a more balanced sex ratio, ultimately increasing the number of bucks in the population.

The department has received requests to open a white-tailed deer season in several counties in the western panhandle. This area of the state encompasses the western edge of the white-tailed deer range in Texas. The department has confirmed that white-tailed deer populations have expanded westward towards the New Mexico border and continued westward expansion is expected. Therefore, the proposed amendment to §65.42 would also implement both general and special archery-only seasons for white-tailed deer in Andrews, Bailey, Castro, Cochran, Gaines, Hale, Hockley, Lamb, Lubbock, Lynn, Parmer, Terry and Yoakum counties, with a bag limit of three deer (no more than one buck and no more than two antlerless), which is identical to adjoining/nearby counties that currently have a season. The proposed amendment would also implement both a general and special archery-only season for white-tailed deer in Winkler County, with a bag limit of three deer (no more than one buck and no more than two antlerless, with the take of antlerless deer restricted to MLD Permit only). The proposed new season is identical to adjoining/nearby counties that currently have a season. The proposed new seasons, if adopted, are not expected to result in negative population impacts but will provide additional hunting opportunity where white-tailed deer populations are expanding.

The proposed amendment to §65.42 also would implement a muzzleloader-only late season in Anderson, Bell (East of IH 35), Brazos, Burleson, Comal (East of IH 35), Delta, Ellis, Fannin, Falls, Franklin, Freestone, Grimes, Hays (East of IH 35), Henderson, Hopkins, Hunt, Kaufman, Lamar, Leon, Limestone, Madison, Milam, Navarro, Rains, Red River, Robertson, Smith, Titus, Travis (East of IH 35), Van Zandt, Williamson (East of IH 35), and Wood counties. The department has determined that additional conservative harvest in these counties will provide increased hunting opportunity while potentially helping achieve antlerless deer harvest goals, which is necessary to stabilize deer populations and reduce adverse habitat impacts.

The department has received several requests from the U.S. Forest Service (USFS) to allow youth on USFS lands to harvest antlerless deer without a permit during youth-only seasons. The department does not believe the resulting harvest would exert any negative impacts on deer populations in any county where USFS lands are located and would have the benefit of providing additional youth hunting opportunity. Therefore, the proposed amendment to §65.42 would authorize the take of antlerless deer by youth without a permit during youth-only seasons. Additionally, the proposed amendment would clarify that the harvest of antlerless deer during youth seasons is restricted to persons 16 years of age and younger, except on properties where Level 2 or Level 3 MLDPs have been issued. Under the provisions of §65.26 of this subchapter, concerning Managed Lands Deer Permits, Harvest of deer on Level 2 and Level 3 MLDP properties is authorized during the period of validity of the permits, not by the season and bag limit established for counties in §65.42; however, harvest on Level 1 MLDP properties is lawful during any open season. The department seeks to clarify that Level 1 MLDPs cannot be used by adults to harvest deer during the youth-only season.

2. Fiscal Note.

Mr. Clayton Wolf, Wildlife Division Director, 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. Wolf 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 dispensation of the agency’s statutory duty to protect and conserve the wildlife resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunities within the precepts of sound biological management practices.

(B) There will be no adverse economic effect on persons required to comply with the rule as proposed.

(C) 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 and micro-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. For that purpose, 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 rule will not directly affect small businesses or micro-businesses. Therefore, the department therefore has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

(D) 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.

(E) 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.

(F) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.

4. Request for Public Comment.

Comments on the proposed rules may be submitted by phone or e-mail to Robert Macdonald (512) 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744. Comments also may be submitted via the department’s website at http://www.tpwd.state.tx.us/business/feedback/public_comment/.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 42, which allows the department to issue tags for deer during each year or season; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendments affect Parks and Wildlife Code, Chapters 42 and 61.

6. Rule Text.

§65.3. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this chapter shall have the meanings assigned in the Texas Parks and Wildlife Code.

(1) Alligator gig — A pole or staff equipped with at least one of the following:

(A) immovable prongs;

(B) two or more spring-loaded grasping arms; or

(2) Alligator hide tag (hide tag) — A department-issued tag required by federal law pursuant to the Convention on International Trade in Endangered Species (CITES) to be affixed to all alligators taken in the state. All alligator hide tags issued by the department are CITES tags.

(3) Annual bag limit — The quantity of a species of a wildlife resource that may be taken from September 1 of one year to August 31 of the following year.

(4) Antlerless deer — A deer having no hardened antler protruding through the skin.

(5) Antler point — A projection that extends at least one inch from the edge of a main beam or another tine. The tip of a main beam is also a point.

(6) Bait — Something used to lure any wildlife resource.

(7) Baited area — Any area where minerals, vegetative material or any other food substances are placed so as to lure a wildlife resource to, on, or over that area.

(8) Bearded hen — A female turkey possessing a clearly visible beard protruding through the feathers of the breast.

(9) Buck deer — A deer having a hardened antler protruding through the skin.

(10) Daily bag limit — The quantity of a species of a wildlife resource that may be lawfully taken in one day.

(11) Day — A 24-hour period of time that begins at midnight and ends at midnight.

(12) Deer population data — Results derived from deer population surveys and/or from systematic data analysis of density or herd health indicators, such as browse surveys or other scientifically acceptable data, that function as direct or indirect indicators of population density.

(13) Final processing — The cleaning of a dead wildlife resource for cooking or storage purposes. For a deer or antelope carcass, the term includes the processing of the animal more than by quartering.

(14) Fully automatic firearm — Any firearm that is capable of firing more than one cartridge in succession by a single function of the trigger.

(15) Gig — Any hand-held shaft with single or multiple points.

(16) Landowner — Any person who has an ownership interest in a tract of land, and includes a person authorized by the landowner to act on behalf of the landowner as the landowner’s agent.

(17) Lawful archery equipment — Longbow, recurved bow, and compound bow.

(18) License year — The period of time for which an annual hunting license is valid.

(19) Muzzleloader — Any firearm that is loaded only through the muzzle.

(20) Permanent residence — One’s domicile. This does not include a temporary abode or dwelling such as a hunting/fishing club, or any club house, cabin, tent, or trailer house used as a hunting/fishing club, or any hotel, motel, or rooming house used during a hunting, fishing, pleasure, or business trip.

(21) Possession limit — The maximum number of a wildlife resource that may be lawfully possessed at one time.

(22) Silencer or sound-suppressing device — Any device that reduces the normal noise level created when the firearm is discharged or fired.

(23) Spike-buck deer — A buck deer with no antler having more than one point.

(24) Unbranched antler — An antler having no more than one antler point.

(25) Unbranched antlered deer—A buck deer having at least one unbranched antler.

(26)[~~(25)~~] Upper-limb disability — A permanent loss of the use of fingers, hand or arm in a manner that renders a person incapable of using a longbow, compound bow or recurved bow.

(27)[~~(26)~~] Wildlife resources — Alligators, all game animals, and all game birds.

(28)[~~(27)~~] Wounded deer — A deer leaving a blood trail.

§65.7. Harvest Log.

(a) The provisions of this subsection apply only to a person in possession of a license purchased through an automated point-of-sale system.

(1) A person who kills a white-tailed deer shall complete, in ink, the harvest log on the back of the hunting license immediately upon kill.

(2) Completion of the harvest log is not required for deer taken:

(A) under the provisions of §65.26 of this title (relating to Managed Lands Deer (MLD) Permits;

(B) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS);

(C) by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation) on department lands;

(D) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0272; or

(E) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program[~~; or~~]

[~~(F) under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits)~~].

(b) (No change.)

§65.9. Open Seasons: General Rules.

(a) Except as provided under Parks and Wildlife Code, §62.003, no person may hunt a wild animal or bird when the person is on a public road or right-of-way.

(b) No antlerless deer permit is required to take an antlerless white-tailed deer during the archery-only open season, except on lands for which Managed Lands Deer permits have been issued.

§65.10. Possession of Wildlife Resources.

(a) For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor’s permanent residence and is finally processed.

(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.

(1) At a final destination other than a cold storage or processing facility required to maintain a cold storage record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements for a carcass cease when the forequarters, hindquarters, and back straps have been completely severed from the carcass.

(2) At a cold storage or processing facility required to maintain a cold storage record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements for a carcass cease when:

(A) the forequarters, hindquarters, and back straps have been completely severed from the carcass; and

(B) the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book that the cold storage or processing facility is required to maintain.

(3) The provisions of this subsection do not modify or eliminate any requirement of this subchapter or the Parks and Wildlife Code applicable to a carcass before it is at a final destination.

(c) A person who lawfully takes a deer is exempt from the tagging requirements of Parks and Wildlife Code, §42.018 if the deer is taken:

(1) under the provisions of §65.26 of this title (relating to Managed Lands Deer Permits (MLDP) — White-tailed Deer);

(2) under the provisions of §65.34 of this title (relating to Managed Lands Deer Permits (MLDP) — Mule Deer);

(3) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));

(4) under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);

(5) by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation);

(6) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or

(7) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program[~~; or~~]

[~~(8) under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits)~~].

(d) A person who kills a bird or animal under circumstances that require the bird or animal to be tagged with a tag from the person’s hunting license shall immediately attach a properly executed tag to the bird or animal.

(e) Proof of sex for deer and antelope must remain with the carcass until tagging requirements cease.

(1) Proof of sex for deer consists of:

(A) buck: the head, with antlers still attached; and

(B) antlerless: the head.

(2) Proof of sex for antelope consists of the unskinned head.

(f) In a county where the bag composition for turkey is restricted to gobblers and/or bearded hens, proof of sex must remain with a turkey until it reaches either the possessor’s permanent residence or a cold storage/processing facility and is finally processed. Proof of sex for turkey is as follows:

(1) male turkey:

(A) one leg, including the spur, attached to the bird; or

(B) the bird, accompanied by a patch of skin with breast feathers and beard attached.

(2) female turkey taken during the fall season: the bird, accompanied by a patch of skin with breast feathers and beard attached.

(g) Proof of sex for pheasant consists of: one leg, including the spur, attached to the bird or the entire plumage attached to the bird.

(h) No additional proof of sex is required for a deer that is lawfully tagged in accordance with:

(1) the provisions of §65.26 of this title;

(2) the provisions of §65.34 of this title;

(3) the provisions of §65.28 of this title;

(4) the provisions of §65.32 of this title; or

(5) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271[~~; or~~]

[~~(6) under the provisions of §65.27 of this title~~].

(i) In lieu of proof of sex, the person who killed the wildlife resource may:

(1) obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:

(A) the name of person who killed the wildlife resource;

(B) the date the wildlife resource was killed;

(i) whether the deer was antlered or antlerless;

(ii) the sex of the antelope;

(iii) the sex of the turkey and whether a beard was attached; or

(iv) the sex of the pheasant; or

(2) if the deer is to be tested by the department for chronic wasting disease, obtain a department-issued receipt (PWD 905).

(j) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource. A wildlife resource may be possessed without a WRD by the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code.

(1) For deer and antelope, a properly executed wildlife resource document shall accompany the carcass or part of a carcass until tagging requirements cease.

(2) For turkey, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor’s permanent residence or a cold storage/processing facility and is finally processed.

(3) For all other wildlife resources, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor’s permanent residence and is finally processed.

(4) The wildlife resource document must contain the following information:

(A) the name, signature, address, and hunting license number, as required, of the person who killed or caught the wildlife resource;

(B) the name of the person receiving the wildlife resource;

(D) the date the wildlife resource was killed or caught; and

(E) the location where the wildlife resource was killed or caught (name of ranch; area; county).

(5) A taxidermist who accepts a deer or turkey shall retain the wildlife resource document or tag accompanying each deer or turkey for a period of two years following the return of the resource to the owner or the sale of the resource under the provisions of Parks and Wildlife Code, §62.023.

(k) It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possesses a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged

(l) The identification requirements for desert bighorn sheep skulls are as follows.

(1) No person may possess the skull of a desert bighorn ram in this state unless:

(A) one horn has been marked with a department identification plug by a department representative; or

(B) the person also possesses evidence of lawful take in the state or country where the ram was killed.

(2) A person may possess the skull and horns of a desert bighorn ram found dead in the wild, provided:

(A) the person did not cause or participate in the death of the ram; and

(B) the person notifies a department biologist or game warden within 48 hours of discovering the dead ram and arranges for marking with a department identification plug by a department representative.

(3) Individual horns may be possessed without any identification or documentation.

(4) This subsection does not apply to skulls possessed prior to July 11, 2004.

§65.24. Permits.

(a) Permits shall be issued only to the landowner.

(b) Except as provided in §65.26 of this title (relating Managed Lands Deer Permits (MLDP) — White-tailed Deer and §65.34 of this title (relating to Managed Lands Deer Permits (MLDP) — Mule Deer, no person may hunt white-tailed deer, mule deer, desert bighorn sheep, or antelope when permits are required unless that person has received from the landowner and has in possession a valid permit issued by the department.

(c) When permits are required to hunt or possess the wildlife resources listed in subsection (b) of this section, it is unlawful to:

(1) use a permit more than once;

(2) use a permit on a tract of land other than the tract for which the permit was issued;

(3) falsify or fail to fully complete any information required by a permit application; or

(4) possess the wildlife resource without attaching a valid, properly executed permit, except as provided in §65.26 and §65.34 of this title, which shall remain attached until the wildlife resource reaches its final destination.

(d) No state-issued permit is required to hunt antlerless white-tailed deer on a National Wildlife Refuge.

(e) An applicant for a permit issued under §65.26 of this title[~~, §65.27 of this title (relating to Antlerless and Spike Buck Control Permits (control permits)),~~] or §65.34 of this title may request a review of a decision by the department to deny issuance of those permits.

(1) An applicant seeking review of a decision of the department under this subsection shall contact the department within ten working days of being notified by the department of permit denial.

(2) The department shall conduct the review and notify the applicant of the results within ten working days of receiving a request for a review.

(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:

(A) the Director of the Wildlife Division;

(B) the Regional Director with jurisdiction;

(D) the White-tailed Deer or Mule Deer program leader, as appropriate.

(4) The decision of the review panel is final.

(5) The department shall report on an annual basis to the White-tailed Deer Advisory Committee the number and disposition of all reviews under this subsection that involve white-tailed deer.

§65.25. Wildlife Management Plan (WMP).

(a) Deer.

(1) An approved WMP, specifying a harvest quota for antlerless deer or both buck and antlerless deer, is required for the issuance of Managed Lands Deer Permits [~~and Antlerless/Spike-Buck Deer Control Permits~~].

(2) MLD permit issuance shall be determined by the WMP as follows.

(A) Level 1 MLD permits shall be issued to a landowner whose WMP includes current deer population data.

(B) Level 2 MLD permits shall be issued to a landowner whose WMP includes:

(i) deer population data for both the current year and the immediately preceding year;

(ii) deer harvest data from the immediately preceding year; and

(iii) at least two recommended habitat management practices.

(i) deer population data for the current year and the immediately preceding two years;

(ii) deer harvest data from the immediately preceding two years; and

(iii) at least four recommended habitat management practices.

(3) A WMP is not valid unless it is:

(A) consistent with Parks and Wildlife Code, §61.053 and §61.056; and

(B) signed by a Wildlife Division biologist or technician. A WMP is valid for one year following the date of such signature.

(b) Javelina.

(1) An approved WMP, specifying an annual harvest quota for javelina, is required for the issuance of an annual harvest quota for javelina on a property. The WMP shall include:

(A) javelina population data for both the current year and the immediately preceding year;

(B) javelina harvest data from the immediately preceding year; and

(C) at least two recommended habitat management practices. Recommended habitat management practices already being performed under an existing department-approved WMP may be used to satisfy the requirements of this subparagraph on a one-for-one basis.

(2) A WMP is not valid unless it is:

(A) consistent with Parks and Wildlife Code, §61.053; and

(B) signed by a Wildlife Division biologist or technician authorized to approve management plans. A WMP is valid for one year following the date of such signature.

(3) The landowner agrees, by signing the WMP, to perform data collection for the purposes of meeting the requirements of paragraph (1) of this subsection.

(4) The department may refuse to approve a WMP if the landowner has not complied with the provisions of this subsection.

(5) No person may possess a javelina harvested under a quota issued under this section anywhere other than the property on which the javelina was harvested unless that person also possesses a completed, department-supplied affidavit signed by the landowner of the property where the person harvested the javelina.

(6) Each javelina harvested on a property for which the department has issued a quota under this subsection shall be recorded in a harvest log. The harvest log shall contain the name of each person who killed a javelina, the date, and the number of javelina the person killed. The harvest log shall be maintained on the property, shall be kept current, and shall be made available for inspection at the request of a department employee acting within the scope of official duties.

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

The repeal is proposed under the authority of Parks and Wildlife Code, Chapter 42, which allows the department to issue tags for animals during each year or season; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed repeal affects Parks and Wildlife Code, Chapters 42 and 61.

§65.27. Antlerless and Spike-buck Deer Control Permits (control permits).

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

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 42, which allows the department to issue tags for deer during each year or season; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapters 42 and 61.

§65.42. Deer.

(a) No person may exceed the applicable county bag limit or the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck), except as provided by:

(1) §65.26 of this title (relating to Managed Lands Deer Permits (MLDP) — White-tailed Deer);

(2) §65.34 of this title (relating to Managed Lands Deer Permits (MLDP) — Mule Deer);

[~~(3) §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits);~~]

(3)[~~(4)~~] §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));

(4)[~~(5)~~] an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);

(5)[~~(6)~~] special permits under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation); or

(6)[~~(7)~~] (7) special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program.

(b) White-tailed deer. The open seasons, annual bag limits, and special provisions for white-tailed deer shall be as follows. If Managed Lands Deer Permits (MLDPs) have been issued for a tract of land in any county, they must be attached to all deer harvested on the tract of land, regardless of season. An MLDP buck permit may not be used to harvest or tag an antlerless deer. An MLDP antlerless permit may not be used to tag a buck deer. The counties and parts of counties listed in paragraphs (1) and (2) of this subsection section are in the South Zone. All other counties and parts of counties listed in this subsection are in the North Zone.

(1) In Aransas, Bee, Brooks, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde (that southeastern portion located both south of U.S. Highway 90 and east of Spur 239), Webb, Willacy, Zapata, and Zavala counties, there is a general open season.

(A) Open season: from the first Saturday in November through the third Sunday in January.

(B) Bag limit: five deer, no more than three bucks.

(C) Special late general season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and unbranched antlered[~~spike-buck~~] deer only. Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(D) No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

(2) In Atascosa County there is a general open season.

(A) Open season: from the first Saturday in November through the third Sunday in January.

(B) Bag limit: five deer, no more than two bucks.

(D) No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

(3) In Bandera, Baylor, Bexar, Blanco, Burnet, Callahan, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Edwards, Gillespie, Glasscock, Haskell, Hays (west of Interstate 35), Howard, Irion, Jones, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Knox, Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Mitchell, Nolan, Pecos, Real, Reagan, Runnels, San Saba, Schleicher, Shackelford, Sterling, Sutton, Taylor, Terrell, Throckmorton, Tom Green, Travis (west of Interstate 35), Upton, Uvalde (north of U.S. Highway 90), Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239), and Wilbarger counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: five deer, no more than two bucks.

(D) No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

(4) In Archer, Bell (west of IH 35), Bosque, Brown, Clay, Coryell, Hamilton, Hill, Jack, Lampasas, McLennan, Mills, Palo Pinto, Somervell, Stephens, Wichita, Williamson (west of IH 35) and Young counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: five deer, no more than two bucks.

(D) Special provisions.

(i) Buck deer. The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck deer having:

(I) at least one unbranched antler; or

(II) an inside spread of 13 inches or greater. The inside spread requirement does not apply to any buck that has an unbranched antler. Not more than one buck with an inside spread of 13 inches or greater may be taken.

(ii) Antlerless deer. No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

(5) In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hemphill, Hutchinson, Kent, King, Lipscomb, Motley, Ochiltree, Roberts, Scurry, Stonewall, and Wheeler counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: five deer, no more than one buck.

(D) No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

(6) In Brewster, Culberson, Jeff Davis, Presidio, and Reeves counties, there is a general open season.

(A) Open season: from first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two bucks.

(7) In Comanche, Cooke, Denton, Eastland, Erath, Hood, Johnson, Montague, Parker, Tarrant, and Wise counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two bucks and no more than two antlerless.

(D) Special provisions.

(I) at least one unbranched antler; or

(ii) Antlerless deer.

(I) On USFS, Corps of Engineers, and river authority lands in the counties listed in this paragraph, the take of antlerless deer shall be by permit only, except on USFS lands in Montague and Wise counties, where antlerless deer may be taken without permits from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

(II) On all tracts of land other than those listed in subclause (I) of this clause, no permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

(8) In Angelina, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Goliad (south of U.S. Highway 59), Hardin, Harris, Houston, Jackson (south if U.S. Highway 59), Jasper, Jefferson, Liberty, Matagorda, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, Victoria (south of U.S. Highway 59), Walker, and Wharton (south of U.S. Highway 59) counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: Four deer, no more than two bucks and no more than two antlerless.

(i) Buck deer. The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck having:

(I) at least one unbranched antler; or

(ii) Antlerless deer. If permits have been issued for the harvest of antlerless deer, they must be attached to all antlerless deer harvested on the tract of land.

(I) On USFS, Corps of Engineers, and river authority lands in the counties listed in this paragraph, the take of antlerless deer shall be by permit only.

(II) On all other tracts of land in the counties listed in this paragraph, antlerless deer may be taken without permits from opening day through the Sunday immediately following Thanksgiving Day. From the Monday immediately following Thanksgiving Day until the end of the season, antlerless deer may be taken by antlerless MLD permit or LAMPS permit only.

(III) On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the archery-only or muzzleloader-only open season.

(9) In Anderson, Bowie, Brazos, Camp, Cass, Gregg, Grimes, Harrison, Henderson, Lamar, Leon, Madison, Marion, Morris, Nacogdoches, Panola, Red River, Robertson, Rusk, Sabine, San Augustine, [~~and~~] Shelby, and Upshur counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two bucks and no more two antlerless.

(I) at least one unbranched antler; or

(ii) Antlerless deer. If permits have been issued for the harvest of antlerless deer, they must be attached to all antlerless deer harvested on the tract of land.

(I) On USFS, Corps of Engineers, and river authority lands in the counties listed in this paragraph, the take of antlerless deer shall be by permit only.

(II) On all other tracts of land in the counties listed in this paragraph, antlerless deer may be taken without permits during the first 16 days of the season. After the first 16 days of the season, antlerless deer may be taken by antlerless MLD permit or LAMPS permit only.

(III) On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the archery-only or muzzleloader-only open season.

(10) In Bell (East of IH 35), Burleson,[~~Anderson, Brazos, Camp,~~] Delta, Ellis, Falls, Fannin, Franklin, Freestone,[~~Gregg, Grimes, Henderson,~~] Hopkins, Hunt, Kauffman, Limestone, Milam, Navarro[~~Lamar, Leon, Madison, Morris,~~] Rains, [~~Red River, Robertson,~~] Smith, Titus, [~~Upshur,~~] Van Zandt, Williamson (East of IH 35), and Wood counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two antlerless and no more than two bucks.

(I) at least one unbranched antler; or

(ii) Antlerless deer. If permits have been issued for the harvest of antlerless deer, they must be attached to all antlerless deer harvested on the tract of land.

(I) On USFS, Corps of Engineers, and river authority lands in the counties listed in this paragraph, the take of antlerless deer shall be by permit only, except in Fannin County.

(II) On all other tracts of land in the counties listed in this paragraph, antlerless deer may be taken without permits from Thanksgiving Day through the Sunday immediately following Thanksgiving Day. At all other times, antlerless deer may be taken by antlerless MLD permit or LAMPS permit only.

(III) On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the archery-only or muzzleloader-only open season.

(11) In Collin, Dallas, Grayson, and Rockwall counties there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two antlerless and no more than two bucks.

(C) Special provisions. Lawful means are restricted to lawful archery equipment and crossbows only, including MLDP properties.

(I) at least one unbranched antler; or

(ii) Antlerless deer. No permit is required to hunt antlerless deer unless MLD antlerless permits have been issued for the tract of land.

(12) In Austin, Bastrop, [~~Bell (east of IH 35), Burleson,~~] Caldwell, Colorado, Comal (east of IH 35), De Witt, [~~Ellis, Falls,~~] Fayette, [~~Freestone,~~] Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, [~~Kaufman,~~] Lavaca, Lee, [~~Limestone, Milam, Navarro,~~] Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), [~~Williamson (east of IH 35)~~] and Wilson counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two antlerless and no more than two bucks.

(I) at least one unbranched antler; or

(ii) Antlerless deer.

(I) Antlerless deer may be taken by MLD antlerless or LAMPS permits only.

(II) On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the archery-only or muzzleloader-only open season.

(13) In Andrews, Bailey Castro, Cochran, Dallam, Dawson, Deaf Smith, Gaines, Hale, Hansford, Hartley, Hockley, Lamb, Lubbock, Lynn, Martin, Moore, Oldham, Parmer, Potter, Randall, Sherman, [~~and~~] Swisher, Terry, and Yoakum counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: three deer, no more than one buck and no more than two antlerless.

(14) In Crane, Ector, Loving, Midland, [~~and~~] Ward, and Winkler counties, there is a general open season.

(A) Open season: from the first Saturday in November through the first Sunday in January.

(B) Bag limit: three deer, no more than one buck and no more than two antlerless.

(15) In all other counties, there is no general open season.

(16) Archery-only open seasons. In all counties where there is a general open season for white-tailed deer, there is an archery-only open season during which either sex of white-tailed deer may be taken as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

(A) Open season: from the Saturday closest to September 30 for 35 consecutive days.

(B) Bag limit: the bag limit in any given county is as provided for that county during the general open season.

(17) Muzzleloader-only open seasons, and bag and possession limits shall be as follows. In Anderson, Angelina, Austin, Bastrop, Bell (East of IH 35), Bowie, Brazoria, Brazos, Brewster, Burleson, Caldwell, Camp, Cass, Chambers, Cherokee, Colorado, Comal (East of IH 35), Culberson, Delta, DeWitt, Ellis, Fannin, Falls, Fayette, Fort Bend, Franklin, Freestone, Galveston, Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays (East of IH 35), Henderson, Hopkins, Houston, Hunt, Jackson, Jasper, Jeff Davis, Jefferson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Presidio, Rains, Red River, Reeves, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Travis (East of IH 35), Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Wharton, Williamson (East of IH 35), [~~and~~] Wilson and Wood counties, there is an open season during which deer may be taken only with a muzzleloader.

(A) Open Season: 14 consecutive days starting the first Monday following the first Sunday in January.

(B) Bag limit: as specified in this section for the general season in the county in which take occurs.

(i) Buck deer. In any given county, all restrictions established in this subsection for the take of buck deer during the general season remain in effect.

(ii) Antlerless deer. No permit is required for the take of antlerless deer, except:

(I) on properties for which antlerless MLDPs have been issued; and

(II) in the counties that are also listed in paragraph (12) of this section.

(18) Special Youth-Only Seasons. There shall be special youth-only general hunting seasons in all counties where there is a general open season for white-tailed deer.

(A) early open season: the Saturday and Sunday immediately before the first Saturday in November.

(B) late open season: 14 consecutive days starting the first Monday following the first Sunday in January.

(C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraphs (1) — (14) of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in subparagraph (D) of this paragraph.

(D) Provisions for the take of antlerless deer in the individual counties listed in paragraph (10) of this subsection shall be as specified in those counties for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

(E) Other than properties where Level 2 or Level 3 MLDPs have been issued, only licensed[~~Licensed~~] hunters 16 years of age or younger may hunt deer [~~by any lawful means~~] during the seasons established by subparagraphs (A) and (B) of this paragraph, and any lawful means may be used.

(F) The stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I, does not apply during the seasons established by this paragraph.

(G) Antlerless deer may be taken without an antlerless deer permit on USFS lands.

(1) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Hartley, Hemphill, Hutchinson, Kent, King, Knox, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, and Wheeler counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for 16 consecutive days.

(B) Bag limit: two deer, no more than one buck.

(2) In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, there is a general open season.

(A) Open season: the Friday immediately following Thanksgiving for 17 consecutive days.

(B) Bag limit: two deer, no more than one buck.

(3) In Andrews, Bailey, Castro, Cochran, Dawson, Gaines, Hale, Hockley, Lamb, Lubbock, Martin, Parmer, Terry, and Yoakum counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for nine consecutive days.

(B) Bag limit: two deer, no more than one buck.

(4) In all other counties, there is no general open season for mule deer.

(5) Archery-only open seasons and bag and possession limits shall be as follows. During an archery-only open season, deer may be taken only as provided for in §65.11(2) and (3) of this title (relating to Lawful Means).

(A) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Knox, Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Sherman, Stonewall, Swisher, Upton, Val Verde, Ward, Wheeler, and Winkler counties, there is an open season.

(i) Open season: from the Saturday closest to September 30 for 35 consecutive days.

(ii) Bag limit: one buck deer.

(B) In Brewster, Pecos, and Terrell counties, there is an open season.

(i) Open season: from the Saturday closest to September 30 for 35 consecutive days.

(ii) Bag limit: two deer, no more than one buck. Antlerless deer may be harvested without a permit unless MLD antlerless permits have been issued for the property.

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. 4
Exhibit B

2016-2017 MIGRATORY GAME BIRD PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.315 and 65.318-65.321, 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. Department regulations (31 TAC §65.313(f)) authorize the Executive Director, after notification of the Chairman of the Commission, to engage in rulemaking.

Until this year, the Service issued annual regulatory frameworks for migratory game birds at different times of the year (the preliminary early-season (dove, teal, snipe, woodcock, rails, gallinules) frameworks in late June and the preliminary late-season (ducks, geese, cranes) frameworks in early August). Because no regular Commission meetings occur between May and August, the early-season regulations were normally adopted by the Executive Director in early July. Beginning this year, however, the Service will issue all final migratory game bird frameworks in November, which means that the Commission can adopt migratory game bird regulations as part of the regular statewide hunting proclamation process and hunters of migratory game birds will know season dates, bag limits, and other regulations much earlier than in previous years.

The proposed amendment to §65.315, concerning Open Seasons and Bag and Possession Limits — Early Season, would adjust 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). With regard to dove, the proposed amendment would differ from last year in that this year the Service is allowing Texas 90 days of dove hunting opportunity within the current frameworks for all three dove zones, an increase of 20 days per zone. The proposed amendment would add 19 days of additional hunting opportunity to the end of the first segment and one day to the end of the second segment in the North Zone; 12 days to the end of the first segment and eight days to the end of the second segment in the Central Dove Zone, and 18 days to the end of the first segment and two days to the end of the second segment in the South Dove Zone. The department believes the proposed amendment appropriately distributes the additional days of hunting opportunity in each zone to coincide with hunter preference.

The proposed amendment to §65.315 also would implement a 16-day statewide teal season to run from September 10-25, 2016. By federal rule, the number of days in the September teal season count against the 107 days of total hunting opportunity allowed for ducks, coots, and mergansers. In addition, the proposed amendment would implement a 16-day early Canada goose season in the Eastern Zone to run from September 10-25, 2016.

The proposed amendment to §65.318, concerning Open Seasons and Bag and Possession Limits — Late Season, would alter season dates in both duck zones compared to last year and adjust the season dates to account for calendar shift while retaining the bag and possession limits from last year. The North Zone last year had a 12-day split starting the Monday after Thanksgiving. For the 2016-17 season, the proposed amendment would implement a five-day split starting the Saturday after Thanksgiving. Staff intends the altered season structure to provide additional December and January weekend opportunity, allowing hunting every weekend during peak migration of December and January, which harvest data shows to be the two best months of the season for overall duck harvest in the North Zone.

In the South Duck Zone, the department proposes a season to run to the end of the federal framework, unlike last year. Last year, the department determined that running the season to the end of the framework (January 31) was undesirable because it would have resulted in a very late closure and it was more advantageous to offer more time in November, which is the best harvest month in the South Zone. This year, staff recommends returning to a season that runs to the end of framework because calendar shift offers a more reasonable closure date (January 29) that provides ample hunting opportunity both early and late in the season.

With respect to geese, the season structure (adjusted for calendar shift) and bag and possession limits from last year are retained, except that the opening date in the West Zone is delayed by one week. Department data indicate that due to continuing delayed migrations in the fall and the persistence of very large numbers of geese in west Texas in early February, opening the season one week later will result in additional hunting opportunity.

The proposed amendment to §65.319, concerning Extended Falconry Season — Early Season Species, would adjust season dates to reflect calendar shift; however the season length for doves will be reduced by 17 days because the federal frameworks allow 107 days of total opportunity for doves and the proposed amendment to §65.315 would allow 90 full days of gun-hunting opportunity for doves.

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. It is the policy of the commission to adopt the most liberal provisions possible, consistent with hunter preference, under the Service frameworks in order to provide maximum hunter opportunity.

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 via the department website at www.tpwd.texas.gov or 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.

6. Rule Text.

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

(a) Rails.

(1) Dates: September 10-25, 2016 and November 5 — December 28, 2016 [~~September 12-27, 2015 and October 31 — December 23, 2015~~].

(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 – November 13, 2016 and December 17, 2016 – January 1, 2017[~~September 1 — October 25, 2015 and December 18, 2015 — January 1, 2016~~].

(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 – November 6, 2016 and December 17, 2016 – January 8, 2017[~~September 1 — October 25, 2015 and December 18, 2015 — January 1, 2016~~].

(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 23 – November 13, 2016 and December 17, 2016 — January 23, 2017[~~September 18 — October 21, 2015 and December 18, 2015 — January 22, 2016~~].

(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 3, 4, 10, and 11, 2016[~~September 5, 6, 12, and 13, 2015~~].

(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 23 – November 13, 2016 and December 17, 2016 — January 19, 2017[~~September 18 — October 21, 2015 and December 18, 2015 — January 18, 2016~~]

(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.

(1) Dates: September 10-25, 2016 and November 5 — December 28, 2016[~~September 12-27, 2015 and October 31 — December 23, 2015~~].

(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 10-25, 2016[~~September 12 — 27, 2015~~].

(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, 2016 — January 31, 2017[~~December 18, 2015 — January 31, 2016~~]. The daily bag limit is three. The possession limit is nine.

(h) Wilson’s snipe (Common snipe): October 29, 2015 — February 12, 2017[~~October 31, 2015 — February 14, 2016~~]. The daily bag limit is eight. The possession limit is 24.

(i) Canada geese: September 10-25, 2016[~~September 12 — 27, 2015~~] 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 five. The possession limit is 15.

§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 three times 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; three scaup (lesser scaup and greater scaup in the aggregate); two redheads; two pintail; two canvasbacks; 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 29-30, 2016 and November 4, 2016 – January 29, 2017[~~October 31 – November 1, 2015 and November 6, 2015 — January 31, 2016.~~]

(ii) "dusky ducks": November 7, 2016 — January 29, 2017[~~November 9, 2015 — January 31, 2016~~].

(B) North Zone:

(i) all species other than "dusky ducks": November 12-27, 2016 and December 3, 2016 — January 29, 2017[~~November 7 — 29, 2015 and December 12, 2015 — January 31, 2016~~].

(ii) "dusky ducks": November 17-27, 2016 and December 3, 2016 — January 29, 2017[~~November 12-29, 2015 and December 12, 2015 — January 31, 2016~~].

(i) all species other than "dusky ducks": November 5-27, 2016 and December 10, 2016 — January 29, 2017[~~October 31 – November 29, 2015 and December 12, 2015 — January 24, 2016~~].

(ii) "dusky ducks": November 10-27, 2016 and December 10, 2016 — January 29, 2017 [~~November 5-29, 2015 and December 12, 2015 — January 24, 2016~~].

(2) Geese.

(A) Western Zone.

(i) Light geese: November 5, 2016 – February 5, 2017[~~October 31, 2015 – January 31, 2016~~]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese: November 5, 2016 – February 5, 2017[~~October 31, 2015 – January 31, 2016~~]. The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

(B) Eastern Zone.

(i) Light geese: November 5, 2016 — January 29, 2017[~~November 7, 2015 — January 31, 2016~~]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese:

(I) Season: November 5, 2016 — January 29, 2017[~~November 7, 2015 — January 31, 2016~~];

(II) Bag limit: The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

(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: October 29, 2016 – January 29, 2017[~~October 31, 2015 – January 31, 2016~~]. The daily bag limit is three. The possession limit is nine.

(B) Zone B: November 18, 2016 – January 29, 2017[~~November 20, 2015 – January 31, 2016~~]. The daily bag limit is three. The possession limit is nine.

(C) Zone C: December 17, 2016 — January 22, 2017[~~December 19, 2015 — January 24, 2016~~]. The daily bag limit is two. The possession limit is six.

(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 22-23, 2016[~~October 24 — 25, 2015~~];

(B) North Zone: November 5-6, 2016[~~October 31 – November 1, 2015~~]; and

§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 19 – December 5, 2016[~~November 7 — December 13, 2015~~].

(2) rails and gallinules: January 30 – February 12, 2017[~~February 1 — 14, 2016~~].

(3) woodcock: January 30 – February 12, 2017[~~February 1 — 14, 2016~~].

(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.

§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 30 – February 12, 2017[~~February 1 — 14, 2016~~];

(2) 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.

§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) – (3) (No change.)

(4) Special Light Goose Conservation Period.

(A) From January 30 – March 19, 2017[~~February 1 — March 20, 2016~~], 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 6 — March 19, 2017[~~February 1 — March 20, 2016~~], 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 date?