Commission Agenda Item No. 6
Presenter:
Clayton Wolf
Action
Reassessment of Commission Action Regarding Air Guns and Airbows Rules
Possible Rescission of Commission Action
May 24, 2018
I. Executive Summary: This item revisits the provisions for use of air guns and airbows as legal means for take of alligators, big game, non-migratory game birds, and furbearers.
II. Discussion: At the March 22, 2018 Texas Parks and Wildlife Commission (Commission) meeting, the Commission approved adoption of the 2018-19 Statewide Hunting Proclamation which included amendments that would allow: the use of air guns that fire a projectile of at least .30 caliber in diameter as a legal means for the take of alligators, deer, pronghorn, bighorn sheep, javelina, turkey, and furbearers; the use of air guns that fire a projectile of at least .177 caliber (4.5mm) in diameter as a legal means for the take of squirrel, pheasant, quail, and chachalaca; and the use of airbows as a legal means for the take of alligators, deer, pronghorn, bighorn sheep, javelina, turkey, furbearers, squirrel, pheasant, quail, and chachalaca. Before the adoption was finalized, the Commission Chairman asked that the Commission be given an opportunity to receive additional comments and possibly rescind or revise approval of these provisions regarding air guns and airbows.
III. Recommendation: If after considering public comment and testimony, the Commission’s desire is to not modify the action taken on March 22, 2018, then no further action is necessary.
If the Commission wishes to modify its previous action by not allowing the use of air guns and airbows as legal means for take of alligators, deer, pronghorn, bighorn sheep, javelina, turkey, furbearers, squirrel, pheasant, quail, and chachalaca, staff recommends the following motion:
“The Texas Parks and Wildlife Commission modifies the action taken on March 22, 2018, regarding adoption of the Statewide Hunting Proclamation, by not adopting proposed changes to §65.3, §65.11(1)(F), (4), (5), (7), §65.375, with changes as necessary to the proposed text as published in the February 16, 2018 issue of the Texas Register (43 TexReg 827, 837, 840); in all other respects, the action taken by the Commission on March 22, 2018, regarding adoption of the Statewide Hunting Proclamation, is not altered.”
Commission Agenda Item No. 6
Exhibit A
Statewide Hunting Proclamation
Sections 65.3 and 65.11 Regarding Use of Air Guns and Airbows
§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 combustible compressed gas.
(2) Air gun—A device that functions by using combustible compressed gas to propel a bullet.
(3) – (30) [NOT BEING CONSIDERED FOR MODIFICATION]
§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)-(G) [NOT BEING CONSIDERED FOR MODIFICATION]
(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 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)-(3) [NOT BEING CONSIDERED FOR MODIFICATION]
(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) [NOT BEING CONSIDERED FOR MODIFICATION]
(7) Alligator.
(A) Legal devices for taking alligators in the wild are as follows:
(i) – (iv) (No change.)
(v) lawful firearms, air guns, and airbows in counties where take by firearm, air gun, or airbow 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.)
(8) – (9) [NOT BEING CONSIDERED FOR MODIFICATION]
Statewide Furbearer Proclamation
§65.375. Open Seasons; Means and Methods.
(a) – (b) (No change.)
(c) Means and methods.
(1) Only the following means and methods are legal for taking fur-bearing animals:
(A) – (G) (No change.)
(H) electronic or hand-held calls; [and]
(I) artificial light;
(J) airbows (as defined by Subchapter A of this chapter); and
(K) air guns ( as defined by Subchapter A of this chapter) of .30 caliber or larger.
(2) (No change.)