Work Session
Wednesday, January 24, 2018
9:00 a.m.
Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX 78744
T. Dan Friedkin, Commission Chair
Carter Smith, Executive Director
Approval of Minutes from the Commission Work Session held November 1, 2017
Approval of Minutes from the Commission Regional Public Meeting held November 1, 2017
- Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan – Carter Smith
- Internal Affairs Update
- New Division and Division Director
- ShareLunker Program Re-Launch
- Cold-Stunning of Sea Turtles
- Chronic Wasting Disease (CWD) Containment Zone Delineation in Hartley County
- Financial Overview - Mike Jensen
- Internal Audit Update - Cindy Hancock
- King Mackerel Rules - Recommended Adoption of Proposed Changes – Dakus Geeslin (Action Item No. 2)
- 2018-2019 Statewide Recreational and Commercial Fishing Proclamation - Request Permission to Publish Proposed Changes in the Texas Register - Ken Kurzawski, Dakus Geeslin
- 2018-2019 Statewide Hunting and Migratory Game Bird Proclamation - Request Permission to Publish Proposed Changes in the Texas Register - Alan Cain, Shawn Gray, Shaun Oldenburger
Implementation of Legislation from the 85th Texas Legislative Session - House Bill 1260 - Relating to the Regulation of Commercial Shrimp Unloading - Request Permission to Publish Proposed Changes in the Texas Register- Les Casterline WITHDRAWN- Consideration to Create New Award - TPW Commission's Prosecutor of the Year - Ross Melinchuk (Action Item No. 3)
- Implementation of Legislation from the 85th Texas Legislative Session - Senate Bill 1289 - Relating to the Purchase of Iron and Steel Products Made in the United States - Recommended Adoption of Proposed Changes - Jennifer Voss (Action Item No. 4)
- Disposition of Real Estate - Williamson County - House and Lot at Florence, Texas - Trey Vick (Action Item No. 5)
- Transfer of Land - Walker County - Approximately .50 Acre at Huntsville State Park - Trey Vick (Action Item No. 6)
- Disposition of Land - Smith County - Approximately 3.5 Acres Formerly Part of the Tyler Fish Hatchery - Stan David (Action Item No. 7)
- Acceptance of Land Donation - Brazoria County - Expansion of Project Boundary - Approximately 190 Acres to Follets Island Coastal Management Area - Ted Hollingsworth (Action Item No. 8)
- Acquisition of Land - Aransas County - Approximately 214 Acres at Newcomb Point Coastal Management Area - Permission to Begin the Public Notice and Input Process - Ted Hollingsworth
- Boundary Issues Update – Blanco State Park – Bob Sweeney, Ted Hollingsworth
- East Texas Wildlife Management Area Operations - East Texas Conservation Center - Bob Sweeney, Ted Hollingsworth
- Litigation Update - Bob Sweeney (Executive Session Only)
- Red Snapper
- Oysters
- Chronic Wasting Disease
- Damage to State Park Property and Operations
Land and Water Plan
Financial
Natural Resources
Land Conservation
Executive Session
Work Session Item No. 1
Presenter:
Carter Smith
Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
January 24, 2018
I. Executive Summary: Executive Director Carter Smith will briefly update the Texas Parks and Wildlife Commission (the Commission) on the status of Texas Parks and Wildlife Department’s (TPWD) efforts to implement the Land and Water Resources Conservation and Recreation Plan (Plan).
II. Discussion: In 2001, the 77th Texas Legislature directed that TPWD develop a Land and Water Resources Conservation and Recreation Plan (Tex. Parks & Wildlife Code §11.104). In 2002, the Commission adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new Plan, effective January 1, 2010, that included broad input from stakeholders and the general public. Minor revisions continue to be made to the Plan. The 2015 version of the Plan is available on the TPWD web site. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the Plan’s goals, objectives, and deliverables.
The Plan consists of the following four goals:
- Practice, Encourage, and Enable Science-based Stewardship of Natural and Cultural Resources
- Increase Access to and Participation in the Outdoors
- Educate, Inform, and Engage Texas Citizens in Support of Conservation and Recreation Employ
- Efficient, Sustainable, and Sound Business Practices
Work Session Item No. 2
Presenter:
Mike Jensen
Work Session
Financial Overview
January 24, 2018
I. Executive Summary: Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD).
II. Discussion: Staff will update the Texas Parks and Wildlife Commission on state park, boat registration/titling, and license fee revenues collected by TPWD for Fiscal Year (FY) 2018 and will summarize recent budget adjustments for FY 2018.
Work Session Item No. 3
Presenter:
Cindy Hancock
Work Session
Internal Audit Update
January 24, 2018
I. Executive Summary: Staff will provide a status report on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY) 2018 Internal Audit Plan and ongoing or completed external audits.
II. Discussion: Staff will present a status report on the TPWD FY 2018 Internal Audit Plan as well as external audits that have been completed or are ongoing.
Work Session Item No. 5
Presenter:
Ken Kurzawski
Dakus Geeslin
Work Session
2018-2019 Statewide Recreational and Commercial Fishing Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
January 24, 2018
I. Executive Summary: This item seeks permission to publish proposed changes to the Statewide Recreational and Commercial Fishing Proclamation in the Texas Register for public comment. The proposed amendments are listed below.
Inland Fisheries
As a result of an ongoing review of existing harvest regulations for largemouth bass, regulations would be modified on multiple locations including eliminating current exceptions to statewide regulations and modifying existing exceptions to statewide limits to more appropriate regulations.
The specific changes proposed for largemouth bass are:
- Change from 16-inch minimum length limit to a 14-inch minimum length limit. Daily bag will remain at five fish.
- Lake Granbury (Hood)
- Possum Kingdom Reservoir (Palo Pinto)
- Lake Ratcliff (Houston)
- Change from 18-inch minimum length limit to a 14-inch minimum length limit. Daily bag will remain at five fish.
- Lake Bryan (Brazos)
- Cooper Lake (Delta)
- Old Mount Pleasant City Lake (Titus)
- Change from 14- to 18-inch slot length limit to a 14-inch minimum length limit. Daily bag will remain at five fish.
- Lake Bridgeport (Jack and Wise)
- Burke-Crenshaw Lake (Harris)
- Lake Georgetown (Williamson)
- Lake Madisonville (Madison)
- San Augustine City Lake (San Augustine)
- Sweetwater Reservoir (Nolan)
- Change from 14- to 18-inch slot length limit and five fish daily bag limit to no minimum length limit and a bag limit of five fish (only two may be less than 18 inches).
- Grapevine Lake (Tarrant)
- Change from 14- to 24-inch slot length limit to a 16- to 24-inch slot length limit. Daily bag will remain at five fish (limit of only one bass 24 inches or larger).
- Fayette County Reservoir (Fayette)
- Gibbons Creek Reservoir (Grimes)
- Lake Monticello (Titus)
- Change from catch and release with an exception allowing for possession and weighing for bass 24 inches or greater for possible submission to ShareLunker program to a 16-inch maximum length limit and five fish daily bag with the ShareLunker weighing and possession exception for bass 24 inches or greater.
- Purtis Creek State Park Lake (Henderson)
- Lake Raven (Walker)
- Change from an 18-inch minimum length limit and five fish daily bag for largemouth bass to a 16-inch maximum length limit and five fish daily bag with an exception allowing for possession and weighing for bass 24 inches or greater for possible submission to ShareLunker program.
- Lake Bellwood (Smith)
- Change from 14- to 18-inch slot length limit and fish daily bag limit for largemouth bass to a 16-inch maximum length limit and five fish daily bag with an exception allowing for possession and weighing for bass 24 inches or greater for possible submission to ShareLunker program.
- Davy Crockett Lake (Fannin)
Coastal Fisheries
-
o Increase daily bag limit for commercial and recreational take of king mackerel from two to three.
II. Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking fisheries resources for recreational purposes is delegated to the Texas Parks and Wildlife Commission under Texas Parks and Wildlife Code, Chapters 61 and 67. Statutory authority to regulate commercial fisheries is delegated to the commission under Texas Parks and Wildlife Code, Chapters 47 and 66. The proposed rules are based upon suggestions from the public, statutory requirements, and Texas Parks and Wildlife 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.
Work Session Item No. 5
Exhibit A
STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes amendments to §57.981 and §57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations.
The proposed amendment to §57.981, concerning Bag, Possession and Length Limits would implement a series of changes to largemouth bass harvest regulations on multiple reservoirs and increase the daily bag limit for King mackerel. Over the last year, the department’s Inland Fisheries Division conducted an extensive evaluation of largemouth bass harvest regulations across the state with the goal of reducing regulatory complexity where possible. The primary goal was to reduce the number of water bodies where harvest regulations are exceptions to the statewide standards (14-inch minimum length limit, five-fish daily bag limit) and consolidate additional water bodies under existing exceptions without confounding existing management goals and objectives. On that basis, the proposed amendment would implement the statewide harvest regulations for largemouth bass on Lake Granbury (Hood County), Possum Kingdom Reservoir (Palo Pinto County), Lake Ratcliff (Houston County), Lake Bryan (Brazos County), Cooper Lake (Delta County), Old Mount Pleasant City Lake (Titus County), Lake Bridgeport (Jack and Wise counties), Burke-Crenshaw Lake (Harris County), Lake Georgetown (Williamson County), Lake Madisonville (Madison County), San Augustine City Lake (San Augustine County), and Sweetwater Reservoir (Nolan County). Additionally, the proposed amendment would eliminate length limit restrictions on Grapevine Lake (Tarrant County) and, while retaining the five-fish daily bag limit, and prohibit the retention of more than two fish of less than 18 inches in length. The proposed amendment also would replace the 14- to 24-inch slot length limit on Fayette County Reservoir (Fayette County), Gibbons Creek Reservoir (Grimes County), and Lake Monticello (Titus County) and replace it with a 16- to 24-inch slot length limit, and replace the current 18-inch minimum length limit on Lake Bellwood (Smith County) and the 14- to 18-inch slot length limit on Lake Davy Crockett (Fannin County) with a 16-inch maximum length limit while allowing the temporary possession of bass 24 inches or greater for possible submission to ShareLunker program.
Finally, the proposed amendment would clarify that the bag and possession limits in subsection (d)(1)(B) apply to spotted bass as well as largemouth and Alabama bass and increase the daily bag limit for the recreational take of King mackerel from two to three. In a previous rulemaking, the department recognized the Alabama bass as a species distinct from spotted bass; however, the reference to spotted bass generally was inadvertently omitted in the subparagraph designation. The proposed amendment would rectify that oversight. With respect to King mackerel, federal action (82 FR 17387) in May of 2017 increased the daily bag limit for king mackerel in federal waters from two fish to three fish. The department has determined that making the daily bag limit in state waters identical to the daily bag limit in federal waters will provide additional angling opportunity to the public while preventing confusion and possible issues of compliance and enforcement without resulting in negative impacts to the resource.
The proposed amendment to §57.992 Bag, Possession, and Length Limits, would increase the daily bag limit for commercial take of King mackerel, for the same reasons discussed in the proposed amendment to §57.981.
2. Fiscal Note.
Ken Kurzawski, Program Director, Inland Fisheries Division, 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 administering or enforcing the rules.
3. Public Benefit/Cost Note.
Mr. Kurzawski also has determined that for each of the first five years that the rules as proposed are in effect, the:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the fisheries 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 opportunity within the precepts of sound biological management practices.
There will be no adverse economic effect on persons required to comply with the rules as proposed.
(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, micro-businesses, or rural communities. 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 impacts to small businesses, micro-businesses, or rural communities. 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 rules will not directly affect small businesses, micro-businesses, or rural communities. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
(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 because the rules as proposed do not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) create a new regulation;
(6) not expand, limit, or repeal an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) have an insignificant positive impact on the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Ken Kurzawski (Inland Fisheries) at (512) 389-4591, e-mail: ken.kurzawski@tpwd.texas.gov or Dakus Geeslin (Coastal Fisheries) at (512) 389-8734, e-mail: dakus.geeslin@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess aquatic animal life in this state; the means, methods, and places in which it is lawful to take, or possess aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the aquatic animal life authorized to be taken or possessed; and the region, county, area, body of water, or portion of a county where aquatic animal life may be taken or possessed.
The proposed amendment affects Parks and Wildlife Code, Chapter 61.
6. Rule Text.
§57.981. Bag, Possession, and Length Limits.
(a) – (b) (No change.)
(c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter.
(1) – (4) (No change.)
(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.
(A) – (J) (No change.)
(J) Grouper.
(K) Mackerel.
(i) King.
(I) Daily bag limit: 3[2].
(II) Minimum length limit: 27 inches.
(III) No maximum length limit.
(ii) (No change.)
(L) — (X) (No change.)
(d) Exceptions to statewide daily bag, possession, and length limits shall be as follows:
(1) Freshwater species.
(A) (No change.)
(B) Bass: largemouth, spotted, and Alabama.
(i) – (iv) (No change.)
(C) Bass: largemouth.
(i) Chambers, Galveston, Jefferson, and Orange counties including any public waters that form boundaries with adjacent counties.
(I) Daily bag limit: 5.
(II) Minimum length limit: 12 inches.
(ii) Lake Conroe (Montgomery and Walker counties)[, Granbury (Hood County), Possum Kingdom (Palo Pinto, Stephens, and Young counties), and Ratcliff (Houston County)].
(I) Daily bag limit: 5.
(II) Minimum length limit: 16 inches.
(iii) Lakes Bellwood (Smith County), Davy Crockett (Fannin County), Kurth (Angelina County), Nacogdoches (Nacogdoches County), [and] Naconiche (Nacogdoches County), Purtis Creek State Park (Henderson and Van Zandt counties), and Raven (Walker).
(I) Daily bag limit: 5.
(II) Maximum [Minimum] length limit: It is unlawful to retain largemouth bass of 16 inches or greater in length. Largemouth bass 24 inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program.
(iv) Lakes [Bellwood (Smith County),] Bright (Williamson County), Brushy Creek (Williamson County), [Bryan (Brazos County),] Casa Blanca (Webb County), Cleburne State Park (Johnson County), [Cooper (Delta and Hopkins counties),] Fairfield (Freestone County), Gilmer (Upshur County), Marine Creek Reservoir (Tarrant County), Meridian State Park (Bosque County), [Old Mount Pleasant City (Titus County),] Pflugerville (Travis County), Rusk State Park (Cherokee County), and Welsh (Titus County).
(I) Daily bag limit: 5.
(II) Minimum length limit: 18 inches.
(v) Bedford Boys Ranch Lake (Tarrant County), Buck Lake (Kimble County), Lake Kyle (Hays County), and Nelson Park Lake (Taylor County).
(I) Daily bag limit: 0.
(II) Minimum length limit: No limit.
(III) Catch and release only.
(vi) Lakes Grapevine (Denton and Tarrant counties), Jacksonville (Cherokee County), and O.H. Ivie Reservoir (Coleman, Concho, and Runnels counties).
(I) Daily bag limit: 5.
(II) Minimum length limit: No limit.
(III) It is unlawful to retain more than two bass of less than 18 inches in length.
[(vii) Purtis Creek State Park Lake (Henderson and Van Zandt counties) and Raven (Walker County).]
[(I) Daily bag limit: 0.]
[(II) Minimum length limit: No limit.]
[(III) Catch and release only, except that any bass 24 inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program.]
[(viii) Lakes Bridgeport (Jack and Wise counties), Burke-Crenshaw (Harris County), Davy Crockett (Fannin County), Georgetown (Williamson County), Grapevine (Denton and Tarrant counties), Madisonville (Madison County), Nasworthy (Tom Green), San Augustine City (San Augustine County), and Sweetwater (Nolan County).]
(I) Daily bag limit: 5.
(II) Minimum length limit: 14 — 18 inch slot limit.
(III) It is unlawful to retain largemouth bass between 14 and 18 inches in length.
(ix) Lakes Athens (Henderson County), Bastrop (Bastrop County), Buescher State Park (Bastrop County), Houston County (Houston County), Joe Pool (Dallas, Ellis, and Tarrant counties), Lady Bird (Travis County), Mill Creek (Van Zandt County), Murvaul (Panola County), Pinkston (Shelby County), Timpson (Shelby County), Walter E. Long (Travis County), and Wheeler Branch (Somervell County).
(I) Daily bag limit: 5.
(II) Minimum length limit: 14 — 21 inch slot limit.
(III) It is unlawful to retain largemouth bass between 14 and 21 inches in length. No more than 1 bass 21 inches or greater in length may be retained each day.
[(x) Lakes Fayette County (Fayette County), Gibbons Creek Reservoir (Grimes County), and Monticello (Titus County).]
[(I) Daily bag limit: 5.]
[(II) Minimum length limit: 14 — 24 inch slot limit.]
[(III) It is unlawful to retain largemouth bass between 14 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.]
(xi) Lakes Fayette County (Fayette County), Fork (Wood Rains and Hopkins counties), Gibbons Creek Reservoir (Grimes County), and Monticello (Titus County).
(I) Daily bag limit: 5.
(II) Minimum length limit: 16 — 24 inch slot limit.
(III) It is unlawful to retain largemouth bass between 16 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.
(D) — (P) (No change.)
(2) (No change.)
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 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess aquatic animal life in this state; the means, methods, and places in which it is lawful to take, or possess aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the aquatic animal life authorized to be taken or possessed; and the region, county, area, body of water, or portion of a county where aquatic animal life may be taken or possessed.
The proposed amendments affect Parks and Wildlife Code, Chapter 61.
§57.992 Bag, Possession, and Length Limits
(a) (No change.)
(b) There are no bag, possession, or length limits on game fish, non-game fish, or shellfish, except as otherwise provided in this subchapter.
(1) – (3) (No change.)
(4) The statewide daily bag and length limits for commercial fishing shall be as follows.
(A) – (G) (No change.)
(H) Mackerel.
(i) King.
(I) Daily bag limit: (3)[2].
(II) – (III) (No change.)
(ii) (No change.)
(I) — (N) (No change.)
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
Work Session Item No. 6
Presenters:
Alan Cain
Shawn Gray
Shaun Oldenburger
Work Session
2018-2019 Statewide Hunting and Migratory Game Bird Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
January 24, 2018
I. Executive Summary: This item seeks permission to publish proposed amendments to the Statewide Hunting Proclamation and the Migratory Game Bird Proclamation in the Texas Register for public comment. The proposed amendments are as follows:
White-tailed Deer
- Imposition of uniform statewide closing date for general season
- Clarification of harvest regulations with respect to United States Forest Service lands.
Mule Deer
- Implementation of a 9-day season (no archery season) in Lynn County
- Implementation of experimental antler-restriction regulation in Briscoe, Childress, Cottle, Floyd, Hall, and Motley counties.
Lawful Means
- Legalization of air guns and air bows for the take of alligators, big game, and non-migratory game birds
- Simplification of archery equipment standards.
Squirrel, Pheasant, Chachalaca
- Expansion of possession limit to three times the daily bag limit.
Rio Grande Turkey
- Adjustment of season dates to be concurrent with white-tailed deer seasons.
Eastern Turkey
- Closure of seasons in San Augustine and Upshur counties
- Reduction of season length by one week.
Migratory Game Bird Regulations
- Establish regulations governing the take of migratory game birds.
Law Enforcement
- Clarification of "antler" restriction rule for white-tailed deer.
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 Texas 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.
Work Session Item No. 6
Exhibit A
2018-2019 STATEWIDE HUNTING PROCLAMATION
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes amendments to §§65.3, 65.11, 65.42, 65.46, 65.60, 65.64, and 65.66, concerning the Statewide Hunting Proclamation.
The amendment to §65.3, concerning Definitions, would add new definitions for “air gun” and “airbow.” In response to a petition for rulemaking and field demonstrations, the department has determined that air guns of .30 caliber or larger and airbows are capable of reliably killing alligators, big game species (deer, pronghorn, desert bighorn sheep, javelina), and tuekey and therefore should be lawful means of take for those species. Similarly, air guns of .177 caliber and larger are capable of reliably killing upland game birds other than turkey ( therefore, the proposed amendment would define “airbow” as “a device that propels an arrow or bolt solely by means of the force of compressed gas, and “air gun” as “a device that functions by using unignited compressed gas to propel a bullet.” The definitions are necessary to provide meanings for specialized terms in order to prevent ambiguity and enhance compliance and enforcement.
The proposed amendment to §65.11, concerning Lawful Means, would alter current language to make air guns and airbows lawful means for the take of alligators (except in the 22 “core” counties, those counties constituting the prime historical habitat for the American alligator in Texas, where commercial hunting is viable and the department engages in significant biological monitoring of the resource and manages harvest through tag issuance to landowners), big game species, and upland game birds. As noted previously, the department received a petition for rulemaking requesting that air guns and airbows be designated as lawful means, and after conducting field demonstrations determined that such means can be used to take wildlife resources without causing depletion or waste, which are defined by Parks and Wildlife Code, §61.005, as “the reduction of a species below its immediate recuperative potential by any cause” and “the failure to provide for the regulated harvest of surplus wildlife resources when that harvest would allow, promote, or optimize healthy and self-sustaining population of a species” respectively. The proposed amendment also would eliminate language regarding the legal dimensions and characteristics of broadhead hunting points and crossbow minimum requirements. Under current rule, crossbows are required to have a minimum of 125 pounds of pull, a mechanical safety, a stock of not less than 25 inches in length, and use broadheads that are at least 7/8-inch in width upon impact, with a minimum of two cutting edges (mechanical broadheads are required to open upon impact and when open be a minimum of 7/8-inch in width). The current legal requirements for bolts also apply to broadhead hunting points used with lawful archery equipment. The department has determined that such requirements are archaic, difficult to enforce, and unnecessary, reasoning that because hunters are unlikely to use taking devices that are inefficient or incapable of achieving desired outcomes, there is not a need to prescribe the particulars of crossbows or broadhead points by rule. The department also reasons that simplifying the rules might remove barriers to participation. Finally, the amendment would remove all requirements other than the minimum caliber for the take of squirrel by air gun. Currently, department rules require that an air gun used for the take of squirrel be designed to be fired from the shoulder, have a muzzle velocity of at least 600 feet per second, fire a projectile of at least .177 caliber (4.5 mm) in diameter. As noted previously in this preamble, the department proposes to allow air guns for the take of alligators, big game species, and upland game birds, specifying a minimum of .30 caliber for the take of big game species and turkey and a minimum caliber of .177 for the take of non-migratory game birds other than turkey (quail, pheasant, Chachalaca). In order to be consistent with the proposed minimum standards for air guns for the take of big game species, the proposed amendment would eliminate requirements other than minimum caliber for air guns.
The proposed amendment to §65.11 would also nonsubstantively reword paragraph (1)(A), which provides for the use of silencers, and to remove a reference to “wildlife resources of this state” and replace it with a reference to “alligators, game animals, and game birds” because those are the wildlife resources regulated under the subchapter.
The proposed amendment to §65.42, concerning Deer, would clarify regulations for the take of antlerless deer on United States Forest Service (USFS) properties, establish a uniform statewide closing date for the general deer season, open a general season for mule deer in Lynn County, implement an “antler-restriction” regulation (minimum spread requirement) for the take of buck mule deer in six West Texas counties (Briscoe, Childress, Cottle, Floyd, Hall, and Motley) and clarify the existing antler-restriction rule for white-tailed deer.
The department has become aware of confusion regarding the take of antlerless deer on USFS properties. Some USFS properties are jointly managed by the USFS and the department with hunting activities managed under the TPWD public hunting program and regulations contained in Chapter 65, Subchapter H. Other USFS properties (referred to colloquially as “open” USFS lands) are independently managed by USFS and hunting activities are regulated under the county regulations of this subchapter. Generally, USFS prohibits the take of antlerless on “open” USFS lands, with the exception of the LBJ National Grasslands (Montague and Wise counties) and Caddo National Grasslands (Fannin County) and in the case of the take of antlerless deer during archery, muzzleloader, and youth-only special seasons. In order to clarify these distinctions, the proposed amendment would create a general prohibition on the take of antlerless deer on USFS lands, with specific exceptions for Caddo National Grasslands, LBJ National Grasslands, and the special seasons noted previously.
For many years, the state was divided into two zones which had different opening and closing dates. In 2001, the department implemented a uniform statewide opening date for the general open white-tailed deer season in an effort to both simplify regulations and provide more flexibility for landowners and land managers to accomplish management goals. Since that time, white-tailed deer season has begun statewide on the first Saturday in November, but closed on the first Sunday in January in most northern counties while running until the third Sunday in January in South Texas. The department has determined that creating a single, uniform statewide general open season for white-tailed deer would further simplify regulation while allowing additional time in the northern two-thirds of the state to conduct additional beneficial harvest. Historical department harvest data indicate that the additional season length will not result in negative population impacts. The change to season length also results in proposed conforming changes to eliminate zone designations that are no longer necessary, and changes to various special late seasons where necessary to preserve the structure of current special season opportunities for youth, muzzleloader enthusiasts, and the harvest of antlerless and unbranched antlered deer.
The proposed amendment to §65.42 also would open a 9-day general open season for mule deer in Lynn County. The majority of the landscape utilization in Lynn County is large-scale farming and grazing operations, but survey data indicate the existence of mule deer populations that can sustain hunting pressure in those areas where suitable mule deer habitat exists. The literature suggests that the implementation of a buck-only season will have no measurable impact on herd productivity or expansion; however, a measurable change in the age structure of the buck segment of the population is possible if there is intense harvest pressure. If adopted, the new season would create increased hunter opportunity with no measurable effect on reproduction or distribution of mule deer populations in Lynn County. The proposed amendment also corrects an inadvertent omission from a previous reorganization by noting that antlerless mule deer in the counties listed in subsection (c)(4) may be harvested under a department-issued antlerless mule deer permit as well as under MLDP tag.
The proposed amendment to §65.42 also would insert conforming language into the provisions of subsection (c)(6) to eliminate potential confusion concerning the application of provisions concerning youth-only seasons. Although the rule states that there shall be a youth-only season in all counties where there is a general open season, the provisions of subparagraph (C) concerning bag limits, provisions for the take of antlerless deer, and special requirements, do not specifically mention the counties listed in paragraphs (1)(K) and (L) of the current rule. The proposed amendment would clarify that the provisions of subparagraph (C) apply in the counties listed in subsection (1)(K) and (L) of the current rules (which are being redesignated as subsection (1)(M) and (N) in this proposal).
The proposed amendment to §65.42 also would implement an “antler-restriction” regulation in Briscoe, Childress, Cottle, Floyd, Hall, and Motley counties. In this area of the southeast Panhandle, the bag limit for buck deer is one. Department data indicate an undesirably excessive harvest of bucks, which creates a skewed sex ratio and an age structure inordinately weighted towards young deer in the buck segment. The proposed amendment would prohibit the harvest of buck deer with less than a 20-inch outside spread, which is intended to allow younger bucks to mature and improve the age structure of the herd. The proposed antler-restriction rule would not apply on properties enrolled in the Managed Lands Deer Program because on such properties the landowner agrees to a department harvest quota designed to optimally manage deer populations.
Finally, the proposed amendment to §65.42 would clarify the “antler-restriction” rule for white-tailed deer. The antler-restriction rule was originally implemented to address unacceptably high harvest rates of yearling bucks in some counties by protecting young bucks until maturity. The current rule defines a lawful buck as a buck with at least one unbranched antler or a buck with an inside antler spread of at least 13 inches. The department is concerned that in counties where the antler restriction is in effect and the buck bag limit is two or more, a hunter might accidentally or intentionally harvest a buck that is not legal to kill and then take another buck with an inside spread of greater than 13 inches, which defeats the purpose of the rule. Therefore, the proposed amendment would clarify that in each county where the antler-restrictions are imposed, it would be unlawful to harvest more than one buck that has two branched antlers.
The proposed amendments to §65.46, concerning Squirrel, §65.60, concerning Pheasant, and §65.66, concerning Chachalaca, would make the possession limit for those species three times the daily bag limit. In various previous rulemakings the department has made the possession limit three times the daily bag limit for quail and migratory game birds, and now proposes the same for squirrel, pheasant, and chachalaca for consistency and regulatory simplification. Department harvest and population data indicate no danger of negative population impacts as a result of the proposed amendments.
The proposed amendment to §65.64, concerning Turkey, would close the season for eastern turkey in San Augustine and Upshur counties, shorten the season for eastern turkey by seven days, and adjust fall season dates to preserve concurrency with deer seasons as a result of the proposed amendment to §65.42. San Augustine and Upshur counties meet the department’s decision metric for season closure which is reported harvest of one bird per year or less across a three-year average. At this metric a county is considered to be unable to provide adequate harvest potential. In addition, staff believe the season length for Eastern turkey zone should be curtailed by one week while maintaining the current May 14 closing date. The proposed amendment is based on department harvest and population data and is intended to protect hens from accidental or illegal harvest during incubation and to provide additional time for mating success.
2. Fiscal Note.
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 administering or enforcing the rules.
3. Public Benefit/Cost Note.
Mr. Wolf also has determined that for each of the first five years that the rules as proposed are in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the fisheries 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 opportunity within the precepts of sound biological management practices.
There will be no adverse economic effect on persons required to comply with the rules as proposed.
(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, micro-businesses, or rural communities. 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 microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts” 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 wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
(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 because the rule as proposed does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) create a new regulation;
(6) not expand, limit, or repeal an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) have an insignificant positive impact on the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Mitch Lockwood (big game) at (830) 792-9677, e-mail: mitch.lockwood@tpwd.texas.gov, Shaun Oldenburger (small game and upland birds) at 512-389-4778, e-mail: shaun.oldenburger@tpwd.texas.gov or Ellis Powell (Law Enforcement) at 512-389-4627, e-mail: ellis.powell@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/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 animals allowed by law to be killed during each year or season, including antelope and turkey; 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.
§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) Airbow—A device that propels an arrow or bolt solely by means of the force of unignited compressed gas.
(2) Air gun—A device that functions by using unignited compressed gas to propel a bullet.
(3)[(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
(C) a detachable head.
(4)[(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.
(5)[(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.
(6)[(4)] Antlerless deer — A deer having no hardened antler protruding through the skin.
(7)[(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.
(8)[(6)] Bait — Something used to lure any wildlife resource.
(9)[(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.
(10)[(8)] Bearded hen — A female turkey possessing a clearly visible beard protruding through the feathers of the breast.
(11)[(9)] Buck deer — A deer having a hardened antler protruding through the skin.
(12)[(10)] Daily bag limit — The quantity of a species of a wildlife resource that may be lawfully taken in one day.
(13)[(11)] Day — A 24-hour period of time that begins at midnight and ends at midnight.
(14)[(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.
(15)[(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.
(16)[(14)] Fully automatic firearm — Any firearm that is capable of firing more than one cartridge in succession by a single function of the trigger.
(17)[(15)] Gig — Any hand-held shaft with single or multiple points.
(18)[(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.
(19)[(17)] Lawful archery equipment — Longbow, recurved bow, and compound bow.
(20)[(18)] License year — The period of time for which an annual hunting license is valid.
(21)[(19)]Muzzleloader — Any firearm that is loaded only through the muzzle.
(22)[(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.
(23)[(21)] Possession limit — The maximum number of a wildlife resource that may be lawfully possessed at one time.
(24)[(22)] Silencer or sound-suppressing device — Any device that reduces the normal noise level created when the firearm is discharged or fired.
(25)[(23)] Spike-buck deer — A buck deer with no antler having more than one point.
(26)[(24)] Unbranched antler — An antler having no more than one antler point.
(27)[(25)] Unbranched antlered deer — A buck deer having at least one unbranched antler.
(28)[(26)] 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.
(29)[(27)] Wildlife resources — Alligators, all game animals, and all game birds.
(30)[(28)] Wounded deer — A deer leaving a blood trail.
§65.11. Lawful Means. It is unlawful to hunt alligators, game animals or game birds[any of the wildlife resources of this state] except by the means authorized by this section, and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).
(1) Firearms.
(A) Except as may be specifically restricted elsewhere in this chapter, it [It] is lawful to hunt alligators, game animals, and game birds with any legal firearm (including a muzzleloader)[any legal firearm, including muzzleloading firearms, and including a firearm equipped with a silencer, except as specifically restricted in this section].
(B) It is lawful to hunt by means of a legal firearm equipped with a silencer; however, nothing [Nothing] in this paragraph shall be construed to relieve any person of compliance with any other federal, state, or local laws governing the possession or use of firearm silencers.
(C) – (E) (No change.)
(F) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, alligators may not be hunted by means of firearms, air guns, or airbows. In all other counties, alligators may by hunted by means of firearms, air guns, or airbows on private property, including private waters, but may not be hunted by means of firearms, air guns, or airbows ə from, on, in, across, or over public water.
(G) Alligators lawfully caught on a taking device may be dispatched by means of firearms, air guns, or airbows in all counties.
(2) Archery.
(A) – (B) (No change.)
(C) While hunting turkey and all game animals other than squirrels by means of longbow, compound bow, or recurved bow the arrow must be equipped with a broadhead hunting point [at least 7/8-inch in width upon impact, with a minimum of two cutting edges. A mechanical broadhead must begin to open upon impact and when open must be a minimum of 7/8-inch in width].
(D) (No change.)
(3) Crossbow — Special Provisions.
(A) (No change.)
(B) When hunting turkey and all game animals other than squirrels by means of crossbow[:]
[(i) the crossbow must have a minimum of 125 pounds of pull;]
[(ii) the crossbow must have a mechanical safety;]
[(iii) the crossbow stock must be not less than 25 inches in length; and]
[(iv)] the bolt must conform with paragraph (2)(B) and (C) of this section.
(4) Air guns. Except as otherwise specifically provided elsewhere in this chapter, it[It] is lawful to hunt alligators, game animals, and non-migratory game birds with an air gun; however, when hunting:
(A) alligator, deer, pronghorn antelope, bighorn sheep, javelina, or turkey by means of an air gun, the air gun must fire a projectile of at least .30 caliber in diameter; and
(B) squirrel, pheasant, quail, or chachalaca by means of an air gun, the air gun must fire a projectile of at least .177 caliber (4.5mm) in diameter[squirrels with an air gun, provided:]
[(A) the gun is designed to be fired from the shoulder;]
[(B) the gun operates by using the force of a spring, air, or non-ignited compressed gas to expel a projectile;]
[(C) the muzzle velocity of the gun is at least 600 feet per second; and]
[(D) the projectile is at least .177 caliber (4.5 mm) in diameter.]
(5) Airbows. It is lawful to use an airbow to take:
(A) alligators in the counties not listed in paragraph (1)(F) of this section; however, the provisions of paragraph (8) of this section apply; and
(B) game animals and upland game birds; however, the arrow must conform with paragraph (2)(B) and (C) of this section.
(6)[(5)] Falconry. It is lawful to hunt any game bird or game animal by means of falconry under the provisions of Subchapter K of this chapter (relating to Raptor Proclamation).
(8)[(5)] Alligator.
(A) Legal devices for taking alligators in the wild are as follows:
(i) hook and line (line set);
(ii) alligator gig;
(iii) lawful archery equipment and barbed arrow;
(iv) hand-held snare with integral locking mechanism; and
(v) lawful firearms, air guns, and airbows in counties where take by firearm is allowed.
(B) A line of at least 300-pound test shall be securely attached to all taking devices other than firearms or air guns used to hunt alligators. Except as provided in this subsection, hook-bearing lines must be attached to a stationary object capable of maintaining a portion of the line above water when an alligator is caught on the line. A line attached to an arrow, snare, or gig must have a float attached when used to take alligators. The float shall be no less than six inches by six inches by eight inches, or, if the float is spherical, no less than eight inches in diameter.
(C) (No change.)
(7) Use of laser sighting devices. All provisions concerning hunter education requirements apply to persons hunting with laser sighting devices under this paragraph.
(A) (No change.)
(B) Use of laser sighting devices by persons who are physically disabled.
(i) A person with a physical disability may use a laser sighting device during lawful hunting hours in open seasons when assisted by a person who:
(I) is not legally blind or a person with a physical disability that renders the person incapable of using a traditional [firearm] sighting device;
(II) has a hunting license; and
(III) is at least 13 years of age.
(ii) A person who uses a laser sighting device under the provisions of this subparagraph must have in possession a signed statement from a physician or optometrist certifying that the person is incapable of using a traditional [firearm] sighting device.
(8) (No change.)
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 amendments are proposed under the authority of Parks and Wildlife Code, Chapter 42, which allows the department to issue tags for animals allowed by law to be killed during each year or season, including antelope and turkey; 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.
§65.42. Deer.
(a) General.
(1) – (3) (No change.)
(4) Except as provided in Subchapter H of this chapter and subsections (b)(1)(G) and (b)(4)-(6) of this section, the take of antlerless deer is prohibited on USFS lands.
(b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.
(1) There shall be a general open season from the first Saturday in November through the third Sunday in January in the counties listed in subparagraphs (A)-(N) of this paragraph. [South Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the third Sunday in January.]
(A) 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 (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Webb, Willacy, Zapata, and Zavala counties, there is a general open season. The bag limit is five deer, no more than three bucks.
(B) In Atascosa County there is a general open season.
(i) The bag limit is five deer, no more than two bucks; and
(ii) antler restrictions apply.
[(2) North Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the first Sunday in January.]
(C)[(A)] 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 a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Wilbarger counties, the bag limit is five deer, no more than two bucks.
(D)[(B)] 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:
(i) the bag limit is five deer, no more than two bucks; and
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply.
(E)[(C)] 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, the bag limit is five deer, no more than one buck.
(F)[(D)] In Brewster, Culberson, Jeff Davis, Presidio, and Reeves counties, the bag limit is four deer, no more than two bucks.
(G)[(E)] In Comanche, Cooke, Denton, Eastland, Erath, Hood, Johnson, Montague, Parker, Tarrant, and Wise counties:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply; and
(iii) on USFS lands in Montague and Wise counties, antlerless deer may be taken only[on USFS, Corps of Engineers, and river authority lands, the take of antlerless deer shall be by MLDP tag only, except on USFS lands in Montague and Wise counties, where antlerless deer may be taken without MLDP tags] from Thanksgiving Day through the Sunday immediately following Thanksgiving Day. [On all other tracts of land, no MLDP tag is required to hunt antlerless deer unless MLDP antlerless tags have been issued for the tract of land.]
(H)[(F)] 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:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply; and
(iii) antlerless deer may be taken [without MLDP tags] 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 MLDP tag only.]
(I)[(G)] In Anderson, Bowie, Brazos, Camp, Cass, Gregg, Grimes, Harrison, Henderson, Lamar, Leon, Madison, Marion, Morris, Nacogdoches, Panola, Red River, Robertson, Rusk, Sabine, San Augustine, Shelby, and Upshur counties:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply; and
(iii) [on USFS, Corps of Engineers, and river authority lands the take of antlerless deer shall be by MLDP tag only; and]
[(iv) on all other tracts of land,] antlerless deer may be taken[without MLDP tags] during the first 16 days of the season. [After the first 16 days of the season, antlerless deer may be taken by MLDP tag only.]
(J)[(H)] In Bell (East of IH 35), Burleson, Delta, Ellis, Falls, Fannin, Franklin, Freestone, Hopkins, Hunt, Kauffman, Limestone, Milam, Navarro, Rains, Smith, Titus, Van Zandt, Williamson (East of IH 35), and Wood counties:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply; and
(iii) [on USFS, Corps of Engineers, and river authority lands, the take of antlerless deer shall be by MLDP tag only, except in Fannin County; and]
[(iv) on all other tracts of land,] antlerless deer may be taken [without MLDP tag] from Thanksgiving Day through the Sunday immediately following Thanksgiving Day. [At all other times, antlerless deer may be taken by MLDP tag only.]
(K)[(I)] In Collin, Dallas, Grayson, and Rockwall counties there is a general open season:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply; and
(iii) lawful means are restricted to lawful archery equipment and crossbows only, including properties for which MLDP tags have been issued.
(L)[(J)] In Austin, Bastrop, Caldwell, Colorado, Comal (east of IH 35), De Witt, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, Lavaca, Lee, Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), and Wilson counties;
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (2)[(3)] of this subsection apply; and
(iii) antlerless deer may be taken by MLDP tag only.
(M)[(K)] In Andrews, Bailey Castro, Cochran, Dallam, Dawson, Deaf Smith, Gaines, Hale, Hansford, Hartley, Hockley, Lamb, Lubbock, Lynn, Martin, Moore, Oldham, Parmer, Potter, Randall, Sherman, Swisher, Terry, and Yoakum counties, the bag limit is three deer, no more than one buck and no more than two antlerless.
(N)[(L)] In Crane, Ector, Loving, Midland, Ward, and Winkler counties:
(i) the bag limit is three deer, no more than one buck and no more than two antlerless; and
(ii) antlerless deer may be taken by MLDP tag only.
(O)[(M)] In all other counties, there is no general open season.
(2)[(3)] Antler Restrictions. In each[any] county for which antler restrictions are imposed under the provisions of this subsection:
(A) a legal buck is a buck deer with at least one unbranched antler or an inside spread of 13 inches or greater; [and]
(B) no person may take may more than one buck with an inside spread of 13 inches or greater; and
(C) no person may take more than one buck having a branched antler on each main beam.
(3)[(4)] Special Late General Seasons.
(A) There is a special late general season in the counties listed in paragraph (1)(A)-(E) and (G) of this subsection, during which harvest is restricted to antlerless and unbranched antlered deer. The special late general season runs for[, as follows:]
[(i) in the counties listed in paragraph (1)(A) and (B) of this subsection:] 14 consecutive days starting the first Monday following the third Sunday in January[;]
[(ii) in the counties listed in paragraph (2)(A)-(C) and (E) of this subsection: 14 consecutive days starting the first Monday following the first Sunday in January; and.]
[(iii) in all other counties there is no special late general season].
(B) The bag limit during a special late general season is the bag limit established for the county for the general open season and is not in addition to any other bag limit.
(4)[(5)] Archery-only open seasons.
(A) There shall be an archery-only open season in all counties in which there is an open general season.
(B)[(A)] The open season is from the Saturday closest to September 30 for 35 consecutive days.
(C)[(B)] The bag limit in any given county is as provided for that county during the general open season.
(D)[(C)]No MLDP tag is required to hunt antlerless deer unless MLDP tags have been issued for the property.
(E) Antlerless deer may be taken on USFS lands during an archery-only season.
(5)[(6)] 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), Wilson and Wood counties, there is an open season during which deer may be taken only with a muzzleloader.
(A) The open season is 14 consecutive days starting the first Monday following the third[first] Sunday in January.
(B) The bag limit is as specified in this section for the general season in the county in which take occurs.
(C) Special provisions:
(i) Buck deer. In any given county listed in this paragraph, all restrictions established in this subsection for the take of buck deer during the general season remain in effect.
(ii) Antlerless deer. In[No MLDP tag is required for the take of antlerless deer, except:]
[(I) on properties for which antlerless MLDP tags have been issued; and]
[(II) in] the counties listed in paragraph (2)(L)[(2)(J)] of this subsection, the take of antlerless deer is by MLDP tag only. In all other counties listed in this paragraph, the bag limit for antlerless deer established in this subsection for the general remains in effect.
(D) Antlerless deer may be taken on USFS lands during a muzzleloader-only season.
(6)[(7)] 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) The early open season is the Saturday and Sunday immediately before the first Saturday in November.
(B) The late open season is 14 consecutive days starting the first Monday following the third[first] Sunday in January.
(C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraph (1)(A)-(I) and (K) — (N)[(2)(A)- (J)] 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 (1)(J)[(2)(H)] 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 MLDP tags have been issued under the provisions of §65.29(c)(2), only licensed hunters 16 years of age or younger may hunt deer during the seasons established by 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 MLDP tag] on USFS lands during special youth-only deer seasons.
(c) Mule deer. The open seasons and bag limits for mule deer shall be as follows:
(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:
(A) the Saturday before Thanksgiving for 16 consecutive days;
(B) bag limit: one buck; and
(C) antlerless deer may be taken only by Antlerless Mule Deer permit or MLDP tag.
(D) In Briscoe, Childress, Cottle, Floyd, Hall, and Motley counties, no person may harvest a buck deer with an outside spread of less than 20 inches.
(2) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties:
(A) the Friday immediately following Thanksgiving for 17 consecutive days;
(B) bag limit: one buck; and
(C) antlerless deer may be taken only by antlerless mule deer permit or MLDP tag.
(3) In Brewster, Pecos, and Terrell counties:
(A) the Friday immediately following Thanksgiving for 17 consecutive days;
(B) bag limit: two deer, no more than one buck.
(4) In Andrews, Bailey, Castro, Cochran, Dawson, Gaines, Hale, Hockley, Lamb, Lubbock, Lynn, Martin, Parmer, Terry, and Yoakum counties:
(A) the Saturday before Thanksgiving for nine consecutive days;
(B) bag limit: one buck; and
(C) antlerless deer may be taken by antlerless mule deer permit or MLDP tag only.
(5) – (6) (No change.)
§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.
(a) In Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler, and Wilbarger counties, there is an open season for pheasants.
(1) Open season: First Saturday of December for 30 consecutive days.
(2) Daily Bag limit: Three cock pheasants.
(3) Possession limit: Nine[Six] cock pheasants.
(b) In all other counties, there is no open season on pheasants.
(c) It is unlawful to hunt pheasant with the aid of a cable, chain, rope, or other device connected to or between a moving object or objects.
§65.64. Turkey.
(a) The annual bag limit for Rio Grande and Eastern turkey, in the aggregate, is four, no more than one of which may be an Eastern turkey.
(b) Rio Grande Turkey. The open seasons and bag limits for Rio Grande turkey shall be as follows.
(1) Fall seasons and bag limits:
(A) [The counties listed in this subparagraph are in the Fall South Zone.] In Aransas, Atascosa, Bee, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kinney (south of U.S. Highway 90), 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 (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Webb, Zapata, and Zavala counties, there is a fall general open season.
(i) – (ii) (No change.)
(B) (No change.)
(C) [The counties listed in this subparagraph are in the Fall North Zone.] In Archer, Armstrong, Bandera, Baylor, Bell, Bexar, Blanco, Borden, Bosque, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Goliad, Gonzales, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Karnes, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lampasas, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Medina (north of U.S. Highway 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wichita, Wilbarger, Williamson, Wilson, Wise, Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Young counties, there is a fall general open season.
(i) Open season: first Saturday in November through the third[first] Sunday in January.
(ii) Bag limit: four turkeys, either sex.
(2) (No change.)
(3) (No change.)
(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Bowie, Cass, Fannin, Grayson, Jasper (other than the Angelina National Forest), Lamar, Marion, Nacogdoches, Newton, Panola, Polk, Red River, and Sabine[, San Augustine, and Upshur] counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.
(1) Open season: from April 22[15] through May 14.
(2) – (3) (No change.)
(d) (No change.)
§65.66. Chachalaca. In Cameron, Hidalgo, Starr, and Willacy counties, there is an open season for chachalacas.
(1) Open season: Saturday nearest November 1 through the last Sunday in February.
(2) Daily bag limit: Five chachalacas.
(3) Possession limit: 15[Ten] chachalacas.
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
Work Session Item No. 6
Exhibit B
2018-2019 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.
The proposed amendments to §65.315, concerning Open Seasons and Bag and Possession Limits — Early Season and §65.318, concerning Open Seasons and Bag and Possession Limits — Late Season, would retain the season structure and bag limits for all migratory game birds from last year (with three exceptions) while adjusting the season dates 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).
Two exceptions to last year’s season structures affect dove seasons. The federal frameworks now allow the regular season in the South Dove Zone to open as early as September 14. Department survey data indicate that hunters prefer the earliest opening date possible in the South Dove Zone; therefore, the proposed amendment would remove a week from the end of the winter segment in the South Dove Zone and add a week to the front of the fall segment. The second exception is that the department proposes to run the winter segment of the dove season the North Dove Zone one week later than last year in response to requests from the public for hunting opportunity in January.
The proposed amendment to §65.315 also would implement a 16-day statewide teal season to run from September 15-30, 2018. In addition, the proposed amendment would implement a 16-day early Canada goose season in the Eastern Zone, also to run from September 15-30, 2018.
The remaining exception to last year’s seasons is the increase in the daily bag and possession limits for pintail ducks. This year, the Service, based on breeding waterfowl population surveys from 2017, determined that a liberalization of the bag limit for pintails is warranted; therefore, the proposed amendment would increase the daily bag limit to two pintails, with a possession limit of six.
With respect to geese, the season structure (adjusted for calendar shift) and bag and possession limits from last year are retained.
The proposed amendment to §65.319, concerning Extended Falconry Season — Early Season Species, would adjust season dates to reflect 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. 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, micro-businesses, or rural communities. 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 microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” 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, micro-businesses, or rural communities. 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 drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
(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 because the rule as proposed does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) create a new regulation;
(6) not expand, limit, or repeal an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) have an insignificant positive impact on the state’s economy.
4. Request for Public Comment.
Comments on the proposed rules may be submitted via the department website at www.tpwd.texas.gov, to Shaun Oldenburger (Migratory Game Bird Program Director) at 512-389-4778, e-mail: shaun.oldenburger@tpwd.texas.gov or Ellis Powell (Law Enforcement) at 512-389-4627, e-mail: ellis.powell@tpwd.texas.gov.
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 15-30, 2018 and November 3 — December 26, 2018 [September 9 — 24, 2017 and November 4 — December 27, 2017].
(2) (No change.)
(b) Dove seasons.
(1) North Zone.
(A) Dates: September 1 — November 11, 2018 and December 21, 2018 – January 7, 2019[September 1 — November 12, 2017 and December 15 — 31, 2017].
(B) – (C) (No change.)
(2) Central Zone.
(A) Dates: September 1 — November 4, 2018 and December 14 — January 7, 2019[September 1 — November 5, 2017 and December 15 — January 7, 2018].
(B) – (C) (No change.)
(3) South Zone and Special White-winged Dove Area.
(A) Dates: September 1, 2, 8, and 9, 2018[September 2, 3, 9, and 10, 2017];
(i) – (ii) (No change.)
(B) Dates: September 14 — November 4, 2018; and December 14, 2018 — January 16, 2018[September 22 — November 8, 2017; and December 15, 2017 — January 21, 2018].
(i) – (ii) (No change.)
(c) Gallinules.
(1) Dates: September 15-30, 2018 and November 3 — December 26, 2018[September 9 — 24, 2017 and November 4 — December 27, 2017].
(2) (No change.)
(d) September teal-only season.
(1) Dates: September 15 — 30, 2018[September 9 — 24, 2017].
(2) (No change.)
(e) – (f) (No change).
(g) Woodcock: December 18, 2018 — January 31, 2019[December 18, 2017 — January 31, 2018]. The daily bag limit is three. The possession limit is nine.
(h) Wilson’s snipe (Common snipe): October 27, 2018 — February 10, 2019[October 28, 2017 — February 11, 2018]. The daily bag limit is eight. The possession limit is 24.
(i) Canada geese: September 15 — 30, 2018[September 9 — 24, 2017] 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[one] 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 27 — 28, 2018 and November 2, 2018 — January 27, 2019[October 28 — 29, 2017 and November 3, 2017 — January 28, 2018].
(ii) "dusky ducks": November 5, 2018 — January 27, 2019[November 6, 2017 — January 28, 2018].
(B) North Zone:
(i) all species other than "dusky ducks": November 10 — 25, 2018 and December 1, 2018 — January 27, 2019[November 11 — 26, 2017 and December 2, 2017 — January 28, 2018].
(ii) "dusky ducks": November 15 — 25, 2018 and December 1, 2018 — January 27, 2019[November 16 — 26, 2017 and December 2, 2017 — January 28, 2018].
(C) South Zone:
(i) all species other than "dusky ducks": November 3 — 25, 2018 and December 8, 2018 — January 27, 2019[November 4 — 26, 2017 and December 9, 2017 — January 28, 2018].
(ii) "dusky ducks": November 8 — 25, 2018 and December 8, 2018 — January 27, 2019[November 9 — 26, 2017 and December 9, 2017 — January 28, 2018].
(2) Geese.
(A) Western Zone.
(i) Light geese: November 3, 2018 — February 3, 2019[November 4, 2017 — February 4, 2018]. The daily bag limit for light geese is 20, and there is no possession limit.
(ii) Dark geese: November 3, 2018 — February 3, 2019[November 4, 2017 — February 4, 2018]. 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 3, 2018 – January 27, 2019[November 4, 2017 — January 28, 2018]. The daily bag limit for light geese is 20, and there is no possession limit.
(ii) Dark geese:
(I) Season: November 3, 2018 – January 27, 2019[November 4, 2017 — January 28, 2018];
(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 27, 2018 — January 27, 2019[October 28, 2017 — January 28, 2018]. The daily bag limit is three. The possession limit is nine.
(B) Zone B: November 23, 2018 — January 27, 2019[November 24, 2017 — January 28, 2018]. The daily bag limit is three. The possession limit is nine.
(C) Zone C: December 15, 2018 — January 20, 2019[December 16, 2017 — January 21, 2018]. 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 16 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 20 — 21, 2018[October 21 — 22, 2017];
(B) North Zone: November 3 — 4, 2018[November 4 — 5, 2017]; and
(C) South Zone: October 27 — 28, 2018[October 28 — 29, 2017].
§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 17 — December 3, 2018[November 18 — December 4, 2017].
(2) rails and gallinules: January 28 — February 11, 2019[January 29 — February 12, 2018].
(3) woodcock: January 28 — February 11, 2019[January 29 — February 12, 2018].
(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 28 — February 11, 2018[January 29 — February 12, 2018];
(C) South Duck Zone: January 28 — February 11, 2018[January 29 — February 12, 2018].
(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 28 — March 17, 2019[January 29 — March 18, 2018], 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 4 — March 17, 2019[February 5 — March 18, 2018], 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
WITHDRAWN Work Session Item No. 7
Presenter:
Les Casterline
Work Session
WITHDRAWN
Implementation of Legislation from the 85th Texas Legislative Session - House Bill 1260 - Relating to the Regulation of Commercial Shrimp Unloading
- Request Permission to Publish Proposed Changes in the Texas Register
January 24, 2018
I. Executive Summary: This item seeks permission to publish proposed changes to the Statewide Shrimp Fishery Proclamation in the Texas Register for public comment. The proposed amendment would implement the requirements of House Bill 1260 (85th Texas Legislature) by stipulating that vessels required to obtain a shrimp unloading permit must stow all shrimp trawls and trawl doors within the hull of the vessel when in state waters.
II. Discussion: House Bill 1260 (85th Texas Legislature) amended the Texas Parks and Wildlife Code by adding new §77.034, which provides that, except for holders of a Texas gulf shrimp boat license, no person may unload or allow to be unloaded at a port or point in this state shrimp or other aquatic products caught or taken from the outside water or from salt water outside the state without having been previously unloaded in some other state or foreign country, unless the person has obtained a commercial gulf shrimp unloading license and a federal commercial vessel permit for gulf shrimp from the National Oceanic and Atmospheric Administration. The bill also requires the Texas Parks and Wildlife Commission to adopt rules for the requirements of trawl gear storage for vessels required to obtain a shrimp unloading license. The proposed rule attached as Exhibit A would stipulate that all vessels required to obtain a shrimp unloading license stow all shrimp trawls and doors in the hull of the vessel when in Texas waters.
Work Session Item No. 7
Exhibit A
RULES AUTHORISED OR REQUIRED BY LEGISLATION
HOUSE BILL 1260 – SHRIMP UNLOADING LICENSE RULES
PROPOSED PREAMBLE
1. Introduction
The Texas Parks and Wildlife Department proposes an amendment to §58.161, concerning Shrimping in Outside Waters. The proposed amendment provides that a person who is required to obtain a shrimp unloading license in order to unload (or allow to be unloaded) shrimp or other aquatic products at a port or point in Texas must stow all shrimp trawls and doors while in Texas waters. The amendment is necessary to comply with the provisions of House Bill 1260, which was enacted by the 85th Texas Legislature.
House Bill 1260 amended the Parks and Wildlife Code by adding new §77.034, which provides that except for holders of a Texas gulf shrimp boat license, no person may unload or allow to be unloaded at a port or point in this state shrimp or other aquatic products caught or taken from the outside water or from salt water outside the state without having been previously unloaded in some other state or foreign country, unless the person has obtained a commercial gulf shrimp unloading license and a federal commercial vessel permit for gulf shrimp from the National Oceanic and Atmospheric Administration. The bill also requires the commission to adopt rules for the requirements of trawl gear storage for vessels required to obtain a shrimp unloading license.
To facilitate enforcement of commercial shrimp licensing rules and to protect marine resources from unlawful exploitation, the proposed amendment would require any shrimp boat required to obtain a shrimp unloading license to stow all trawls and doors within the confines of the hull while in Texas waters.
2. Fiscal Note.
Brandi Reeder, Fisheries Law Administrator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule as proposed, as department personnel currently allocated to the administration and enforcement of shrimping regulations will administer and enforce the rule as part of their current job duties and resources.
3. Public Benefit/Cost Note.
Ms. Reeder also has determined that for each of the first five years the new rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the management, protection, and enhancement of the shrimp resources of the state, thus ensuring the public of continued recreational and commercial access to shrimp and the continued beneficial economic impacts of the shrimp fishery to Texas.
There will be no adverse economic effect on persons required to comply with the rule as proposed.
(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), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. These guidelines state that “[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency’s regulatory jurisdiction.” The 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 guidelines also list examples of the types of costs that may result in a “direct economic impact.” Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.
The department has determined that the rule as proposed will not affect small businesses, micro-businesses, or rural communities, since the rule requires certain vessels to house shrimping gear while transiting Texas state waters, where such vessels are not permitted to harvest shrimp. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(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 rule.
(F) The department has determined that because the rule as proposed does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) create a new regulation;
(6) not expand, limit, or repeal an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) have an insignificant positive impact on the state’s economy.
4. Request for Public Comment.
Comments on the proposed rule may be submitted to Brandi Reeder, Fisheries Law Administrator, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4853; email: brandi.reeder@tpwd.texas.gov via the department website at www.tpwd.texas.gov.
5. Statutory Authority.
The amendment is proposed under Parks and Wildlife Code § 77.034, which requires the commission to adopt rules for the requirements of trawl gear storage for a vessel who holds a commercial gulf shrimp unloading license while that vessel is making a nonstop progression through outside waters to a place of unloading, and Parks and Wildlife Code § 77.007, which authorizes the commission to regulate the catching, possession, purchase, and sale of shrimp.
The proposed amendment affects Parks and Wildlife Code, Chapter 77.
6. Rule Text.
§58.161. Shrimping in Outside Waters.
(a) – (d) (No change.)
(e) A vessel that is required under the provisions of Parks and Wildlife Code, §77.034 to obtain a commercial gulf unloading license shall, at all times the vessel is in state waters, store all trawls and doors in the confines of the hull of the vessel.
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
Work Session Item No. 14
Presenter:
Ted Hollingsworth
Work Session
Acquisition of Land - Aransas County
Approximately 214 Acres at Newcomb Point Coastal Management Area
Permission to begin the Public Notice and Input Process
January 24, 2018
I. Executive Summary: An approximately 214-acre tract on Lamar Peninsula has been identified as a priority for acquisition using funds granted to Texas Parks and Wildlife Department (TPWD) from the civil settlement of the Deepwater Horizon oil spill.
II. Discussion: In January, 2017, TPWD executed a Financial Assistance Award (Award) with the Texas Commission for Environmental Quality in the amount of $6,680,000, including $6,012,000 for the civil settlement of the 2010 Deepwater Horizon oil spill (RESTORE Act funds) and $668,000 in philanthropic match. Those funds were awarded for the acquisition of strategic conservation lands within or adjacent to the Matagorda/San Antonio Bay system, extending south into the Aransas/Copano Bay system. TPWD’s highest priority for the use of these funds was acquisition of 5,052 acres on Matagorda Peninsula from the Texas General Land Office. This acquisition was completed in April, 2017. Since that time, staff has focused efforts on using the remaining balance of the grant to acquire undivided interests and inholdings within the Matagorda Peninsula Coastal Management Area and approximately 462 acres adjacent to the Perry R. Bass Marine Fisheries Research Center.
Upon closing these transactions, it is anticipated that there will be approximately $1.7 million remaining in the Award. Staff proposes to use approximately $1.3 million of those funds to acquire an approximately 214-acre tract on Lamar Peninsula that has high coastal conservation value and is one of the largest remaining unprotected tracts actively used by whooping cranes. TPWD anticipates that the tract will be managed and monitored under the terms of a long-term agreement with the Coastal Bend Bays and Estuaries Program.
Staff requests permission to begin the public notice and input process.
Work Session Item No. 14
Exhibit A
Location Map for Lamar Peninsula in Aransas County
Work Session Item No. 14
Exhibit B
Vicinity Map for Subject Tract - Five Mile North of Fulton
Work Session Item No. 14
Exhibit C
Site Map for Subject Approximately 214 - Acre Site
Two Miles West of Goose Island State Park
Subject Tract in Red
Work Session Item No. 15
Presenter:
Bob Sweeney
Ted Hollingsworth
Work Session
Boundary Issues Update – Blanco State Park
January 24, 2018
I. Executive Summary: Recent deed research and mapping at Blanco State Park has revised Texas Parks and Wildlife Department’s (TPWD) understanding of the park’s extent and boundary.
II. Discussion: The 101-acre Blanco State Park straddles the Blanco River for more than two miles within the City of Blanco. The park was acquired from local ranchers in the 1930’s and is very popular with families looking for safe access to the clear waters of the Blanco River for swimming, tubing, picnicking or just enjoying a picturesque Hill Country stream for the day. The park is a particularly popular park for its size, attracting more than 100,000 visitors in FY 2016.
TPWD staff has been actively researching title records and mapping the results for the TPWD’s state parks and wildlife management areas in order to improve understanding of site boundaries and possible boundary issues. During the course of researching Blanco State Park, it was discovered that TPWD does not own a tract TPWD has been managing as part of the park for decades. As a result, a stretch owned by TPWD is severed from the rest of the park (upstream) by a quarter mile. This “orphan” tract is approximately 3.2 acres, being a little roughly 1,100 feet long and approximately 130’ deep, extending to the centerline of the river.
Work Session Item No. 15
Exhibit A
Location Map for Blanco State Park 45 Miles North of San Antonio
Work Session Item No. 15
Exhibit B
Vicinity Map of Blanco SP
Work Session Item No. 15
Exhibit C
Site Map of Blanco SP
Work Session Item No. 16
Presenter:
Bob Sweeney
Ted Hollingsworth
Work Session
East Texas Wildlife Management Area Operations - East Texas Conservation Center
January 24, 2018
I. Executive Summary: The Inland Fisheries and Wildlife Divisions have relocated most of their operations to other facilities in East Texas.
II. Discussion: The 219-acre Jasper Fish Hatchery was acquired in the 1930’s for the construction of a freshwater fish propagation and research facility. Over time, with advances in fishery technology, operations at the Jasper facility were relocated to newer facilities such as the Texas Freshwater Fisheries Center in Athens and the John D. Parker Fish Hatchery north of Jasper near Sam Rayburn Lake. In 2012, the Jasper Fish Hatchery property was transferred from the Inland Fisheries Division to the Wildlife Division, which renamed the site the East Texas Conservation Center. Buildings on the site have been used to house Wildlife Division District 6 administrative offices. Recently those operations have been relocated to Nacogdoches to be more centrally located to District operations.
The Jasper Fish Hatchery site includes approximately 60 ponds and numerous structures previously used for offices, hatchery buildings, storage and housing. The site has approximately 70 acres of mature forest and an 811 acre-feet surface water right.
Work Session Item No. 16
Exhibit A
Location Map for Jasper Fish Hatchery/East Texas Conservation Center
Work Session Item No. 16
Exhibit B
Vicinity Map for Jasper Fish Hatchery/East Texas Conservation Center
Work Session Item No. 16
Exhibit C
Site Map for Jasper Fish Hatchery/East Texas Conservation Center
Work Session Item No. 17
Presenter:
Bob Sweeney
(Executive Session Only)
Litigation Update
January 24, 2018
I. Executive Summary: Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation, including but not limited to the following pending lawsuits:
- Potential litigation and/or involvement with current litigation relating to actions of the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, in connection with the regulation of red snapper.
- Potential or pending litigation related to oysters, including but not limited to State of Texas v. Chambers-Liberty Counties Navigation District, Each in his Official Capacity: Terry Haltom as CLCND Commissioner, Allen Herrington as CLCND Commissioner, Kenn Coleman as CLCND Commissioner, Ken Mitchell as CLCND Commissioner, and Dave Wilcox as CLCND Commissioner, and Sustainable Texas Oyster Resources Management, LLC., Cause No. D-1-GN-15-003093, in Travis County District Court.
- Potential or pending litigation regarding disease in white-tailed deer, including but not limited to Ken Bailey and Bradly Peterson v. Carter Smith, Executive Director, Clayton Wolf, Wildlife Division Director, Mitch Lockwood, Big Game Program Director and Texas Parks and Wildlife Department, Cause No. D-1-GN-15-004391, in the District Court of Travis County, Texas; and Recordbuck et al v. Schwartz et al.,Cause No. 2:17-CV-00068-AM in the United States District Court for the Western District of Texas, Del Rio Division.
- Potential or pending litigation regarding damage to state park lands and operations.