TPWD: March 25, 2021 Commission Meeting Agenda

March 24-25, 2021, Commission Meeting Agenda

Work Session

Commission Agenda Items

January 20-21, 2021, Transcripts

Commission Agenda Item No. 3
Presenters: Shawn Gray
Shaun Oldenburger
Alan Cain

Action
2021-2022 Statewide Hunting and Migratory Game Bird Proclamations
Recommended Adoption of Proposed Changes
March 25, 2021

I. Executive Summary: With this item, the staff seeks adoption of proposed amendments to the Statewide Hunting Proclamation and the Migratory Game Bird Proclamation, respectively. The amendments and new sections would amend the following:

Pronghorn Regulations

Terminate experimental pronghorn seasons in the Texas Panhandle; and
Expand general season from nine to 16 days.

Game Bird Regulations

Establish concurrent seasons for chachalaca and quail;
Close Eastern Spring Turkey Season in Panola County;
Implement mandatory reporting for the spring hunting season in western one-gobbler counties;
Alter turkey zone boundaries for symmetry between fall and spring seasons in the North and South zones;
Add two days of opportunity in the Special White-winged Dove Area; and
Present an overview of the migratory game bird regulations process and potential changes as a result of federal action.

Small Game Regulations

Implement an open season for squirrel in all counties that are currently closed.

General Provisions

Add “crossbow” to the definition of lawful archery equipment; and
Clarify the definition of “muzzleloader.”

Law Enforcement

Modify special provisions regarding the possession and use of dogs to trail deer in East Texas counties.

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 (Commission) under Texas Parks and Wildlife Code chapter 61. The proposed changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable. The proposed changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.

At the Commission Work Session meeting on January 20, 2021, the staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 19, 2021 issue of the Texas Register (46 TexReg 1221, 1227). A summary of public comment on the proposed rules will be presented at the time of the hearing.

III. Recommendation: The staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.3, 65.11, 65.19, 65.30, 65.32, 65.40, 65.42, 65.46, 65.64, and 65.66, concerning the Statewide Hunting Proclamation and amendments to §§65.314-65.320, concerning the Migratory Game Bird Proclamation, with changes as necessary to the proposed text as published in the February 19, 2021 issue of the Texas Register (46 TexReg 1221, 1227).”

Attachments – 2

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

Commission Agenda Item No. 3
Exhibit A

2021-2022 STATEWIDE HUNTING PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.3, 65.11, 65.19, 65.30, 65.32, 65.40, 65.42, 65.46, 65.64, and 65.66, concerning the Statewide Hunting Proclamation.

The proposed amendment to §65.3, concerning Definitions, would add crossbows to the definition of lawful archery equipment. The commission many years ago legalized the use of crossbows for the take of game animals and turkey, but at that time crossbows were not included in the definition of lawful archery equipment. The department believes that crossbows should be included in definition of lawful archery equipment, which allows regulatory language in §§65.11, 65.32, 65.42, and 65.64 to be simplified.

The proposed amendment also would alter the definition of “muzzleloader” to clarify that the term applies to any firearm designed such that the projectile or bullet can be loaded only through the muzzle. A number of modern firearms feature various designs that have caused questions regarding their legality as muzzleloading weapons. The proposed amendment is meant to remove any ambiguity as to the meaning of the term.

The proposed amendment to §65.11, concerning Lawful Means, would make conforming changes to current language to reflect the consequences of the proposed amendment to §65.3 that designates crossbows as lawful archery equipment.

The proposed amendment to §65.19, considering Hunting Deer with Dogs, would allow the use of not more than two dogs to trail wounded deer in all counties, but require dogs to be leashed in certain counties where current rules prohibit the use of dogs to trail wounded deer. In 1990, the department promulgated rules prohibiting the use of dogs to trail wounded deer in 34 counties in East Texas. The rulemaking was necessary because the department determined that dogs were being used unlawfully to hunt deer, which was causing depletion of the resource and in the process denying others an equitable and reasonable privilege to hunt deer. In 2000, the department determined that the practice of using dogs to hunt deer had declined to the point of being nonexistent in Bowie, Camp, Fannin, Franklin, Lamar, Morris, Red River, Rockwall, Titus, and Wood counties and those counties were removed from the list of counties where the use of dogs to trail wounded deer was prohibited. In 2005, the department removed Hunt and Washington counties from the list, and in 2013, removed Harris, Harrison, Houston, Jefferson, Liberty, Montgomery, Panola, Polk, Rusk, San Jacinto, Trinity, and Walker counties. The department has now determined that the practice of hunting deer with dogs is no longer a resource threat anywhere, but is concerned that a complete removal of regulatory provisions designed to thwart that practice in certain counties could result in a resurgence of the activity. Therefore, the proposed amendment would allow not more than two dogs to be used to trail wounded deer in all counties in Texas, but in Jasper, Newton, Sabine, and San Augustine counties, a person using a dog to trail a wounded deer would be required to keep dogs on a leash held by a person at all times the dog is used to trail a wounded deer.

The proposed amendment to §65.30, concerning Pronghorn Antelope Permit, would alter the title of the section, conform internal references accordingly, and remove language regarding the department’s experimental pronghorn season. In a previous rulemaking, the department defined “pronghorn” as “pronghorn antelope” for purposes of brevity, clarity, and accuracy; the proposed amendment conforms the title of the section and internal references accordingly. In the proposed amendment to §65.40 contained in this rulemaking, the department would eliminate the experimental pronghorn harvest strategy implemented in 2014 and increase the length of pronghorn season, from nine days to 16 days. The experimental season was implemented in response to increasing populations in portions of the Panhandle and concomitant impacts on department resources associated with administering the permit program (which at the time was a largely manual process). The experimental season was implemented in herd units where staff believed buck populations could sustain additional hunting pressure, and departed from the traditional methodology of harvest management by allowing the harvest of buck pronghorn to be determined by the landowner, rather than by the department via the issuance of buck permits. Staff have evaluated eight years of harvest and survey data and determined that the experimental season has resulted in a mixture of effects, among which are the skewing of the buck age structure towards younger bucks and a sex ratio heavily weighted towards does as a result of increased buck harvest; however, the overall impact of the experimental season has exerted little to no impact on population sustainability. Department surveys of landowner and hunter attitudes toward the experimental season indicate neither strong support nor antipathy. Additionally, the department has recently implemented an automated system for permit administration, eliminating one of the motivations for creating the experimental season in 2013. Therefore, the department proposes to eliminate the experimental season and return to the previous harvest management methodology, which is the issuance of permits directly to landowners, who then furnish the permits to hunters. The department in the proposed amendment to §65.40 would increase the season length to 16 days, rather than the current season length of nine days, to provide more hunting opportunity since harvest quotas are set by staff for each property.

The proposed amendment to §65.32, concerning Antlerless Mule Deer Permit, removes a reference to crossbows, for reasons set forth earlier in this preamble in the discussion of the proposed amendment to §65.3.

The proposed amendment to §65.40, concerning Pronghorn Antelope: Opens Seasons and Bag Limits, would alter the title of the section, change internal references accordingly, and eliminate language regarding the experimental pronghorn season, for reasons set forth earlier in this preamble in the discussion of the proposed amendment to §65.30. The proposed expansion of the season from nine days to 16 days will not result in depletion or waste, as the total harvest is determined by the department on the basis of population, harvest, and habitat data.

The proposed amendment to §65.42, concerning Deer, removes a reference to crossbows for reasons discussed earlier in this preamble and clarifies an inadvertently confusing bag limit for mule deer in subsection (c). The current rule indicates a bag limit of two deer, no more than one buck in Brewster, Pecos, and Terrell counties, which could be construed to indicate that two antlerless deer may be taken. This is true in the archery-only season and true with respect to the annual bag limit regardless of season, but is not true of the general season. The proposed amendment would make it clear that the bag limit in the general season is one buck. Antlerless harvest in these counties during the general season is by permit only.

The proposed amendment to §65.46, concerning Squirrel: Open Seasons, Bag, and Possession Limits, would eliminate the closed season in 46 counties in West Texas and the Panhandle, which would result in a year-round season with no bag limit in those counties. The department has determined that some expansion of squirrel populations has occurred over the last few decades and therefore harvest opportunity may exist in areas that historically did not have squirrel populations. The department has determined that the proposed amendment is not likely to result in negative biological impacts and has no concerns regarding resource depletion or waste.

The proposed amendment to §65.64, concerning Turkey, would standardize zone boundaries to achieve symmetry between North and South zones in both the fall and spring seasons. Under current rule, there are counties that are in the South Zone for the fall season and the North Zone for the spring season. The department has received comments indicating that some people find this structure confusing. The current zones were implemented in the 1980s following an extensive breeding chronology study, but in the areas on either side of the axis of the current zone boundary there is very little biological difference with respect to the harvest impacts resulting from being in one zone or the other. Therefore, the proposed amendment would alter the zone designations for all or part of 26 counties to achieve symmetry between fall and spring seasons. The department has determined that the proposed amendment will result in neither depletion nor waste of the resource.

The proposed amendment also would implement a harvest reporting requirement for turkey (gobblers) harvested during the spring in ten counties in the Oaks and Prairies and Gulf Coastal Plains areas. In these counties, the bag limit is a very conservative harvest strategy that reflects long-standing concerns about turkey population in that area, which has seen significant transformations in land use over the last 40 years that have resulted in population declines. The department continues to be concerned about long-term population trends in this area and seeks additional harvest data in order to gain a more statistically coherent characterization of the relationship between population status, land use, and harvest pressure. Therefore, the proposed amendment would require all turkeys harvested during the spring season in Bastrop, Caldwell, Colorado, Fayette, Jackson, Lavaca, Lee, Matagorda, Milam, and Wharton counties to be reported to the department within 24 hours of harvest by means of a department-designated internet or mobile application. Additionally, the proposed amendment would close the season for eastern turkey in Panola County. Harvest of eastern turkey in Panola County has fallen below the department’s biological threshold for justifying the continuation of the open season (only one turkey has been harvested over the last three seasons) and department data indicate that turkeys are present on fewer than 50,000 contiguous acres. Finally, the proposed amendment would eliminate a reference to crossbows for reasons discussed earlier in this preamble.

The proposed amendment to §65.66, concerning Chachalaca, would alter season dates to be concurrent with those for quail, which is intended to provide additional hunting opportunity and simplify regulations. Staff has determined that the proposed amendment will have no biological impact on chachalaca populations.

2. Fiscal Note.

John Silovsky, 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. Silovsky 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 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 public 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) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; create a new regulation (mandatory harvest reporting for turkey in certain counties); not expand, limit, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect 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 Stormy King (Law Enforcement) at 512-389-4627, e-mail: stormy.king@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 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, Chapter 61.

6. Rule Text.

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

(1) – (20) (No change.)

(21) Lawful archery equipment — Longbow, recurved bow, [and] compound bow, and crossbow.

(22) (No change.)

(23) Muzzleloader — Any firearm designed such that a bullet or projectile can be [that is] loaded only through the muzzle.

(24) – (34) (No change.)

§65.11. Lawful Means. It is unlawful to hunt alligators, game animals or game birds except by the means authorized by this section, and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).

(1) (No change.)

(2) Archery.

(A) Except as provided in paragraph (3) of this section, a person may hunt by means of lawful archery equipment [or crossbow] during any open season; however, no person shall hunt deer by lawful archery equipment [or crossbow] during a special muzzleloader-only deer season.

(B) (No change.)

(C) While hunting turkey and all game animals other than squirrels by means of lawful archery equipment,[longbow, compound bow, or recurved bow] the arrow or bolt must be equipped with a broadhead hunting point.

(D) Lawful archery equipment is [and crossbows are] the only lawful means that may be used during archery-only seasons, except as provided in paragraph (3) of this section.

(3) – (6) (No change.)

(7) Alligator.

(A) Legal devices for taking alligators in the wild are as follows:

(i) – (ii) (No change.)

(iii) longbow, recurved bow, or compound bow using a [lawful archery equipment and] barbed arrow;

(iv) – (v) (No change.)

(B) – (C) (No change.)

(8) – (9) (No change.)

§65.19. Hunting Deer with Dogs.

(a) – (b) (No change.)

(c) It is lawful to use not more than two dogs in trailing a wounded deer in all counties; however, [, except] in [Angelina, Hardin,] Jasper, [Nacogdoches,] Newton, [Orange,] Sabine, and San Augustine [, Shelby, and Tyler] counties, a person using a dog to trail a wounded deer shall leash the dog and keep the dog on the leash and held by a person at all times the dog is used to trail a wounded deer [where dogs may not be used to trail wounded deer].

(d) – (e) (No change.)

§65.30. Pronghorn [Antelope] Permit.

(a) The[In all areas of the state other than those designated in §65.40(d) of this title (relating to Pronghorn Antelope: Open Seasons and Bag Limits), the] department shall determine the number of pronghorn [antelope] to be harvested from a given tract of land and shall issue permits to the landowner, who may distribute the permits to hunters. A permit issued under this subsection is valid only on the tract of land for which it was issued.

[(b) In the areas designated in §65.40(d) of this title, no person may hunt a doe pronghorn antelope without landowner-issued permit; however, a person may hunt buck pronghorn antelope without a landowner-issued permit, provided:]

[(1) permission of the landowner to hunt buck pronghorn antelope has been obtained; and]

[(2) the person has obtained a buck pronghorn antelope permit from the department or an authorized agent of the department.]

(b) [(c)] For the purposes of this section, ’tract of land’ is a parcel or parcels of land under the same ownership within a single herd unit.

§65.32. Antlerless Mule Deer Permit.

(a) – (c) (No change.)

(d) A permit issued under this section is valid during any open season for mule deer on the property for which it was issued; however, during an archery-only open season, antlerless mule deer may be taken only by means of lawful archery equipment [and crossbow].

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 proposed amendments affect Parks and Wildlife Code, Chapter 61.

§65.40. Pronghorn [Antelope]: Open Seasons and Bag Limits.

(a) In all counties there is a general open season for pronghorn [antelope] for 16[nine] consecutive days beginning the Saturday nearest October 1, and the annual bag limit is one pronghorn [antelope].

(b) A person who kills a pronghorn [antelope] shall immediately and legibly complete and attach a pronghorn [antelope] permit to the carcass, which shall remain attached until the carcass reaches a final destination.

[(c) In any area of this state that is not within an area described in subsection (d) of this section, a person who hunts pronghorn antelope shall acquire the pronghorn antelope permit from the landowner of the property on which the hunting activity occurs.]

[(d) Within the boundaries of an area described in this subsection, no landowner-issued permit is required to hunt buck pronghorn antelope; however, no person may hunt a buck pronghorn antelope unless that person has obtained a buck pronghorn antelope permit from the department.]

[(1) Area 1. That portion of the state south of a line beginning at the intersection of U.S. Highway (U.S.) 87 and U.S. 54 in the City of Dalhart in Dallam County; thence northeast along U.S. 54 to U.S. 287 in the City of Stratford in Sherman County; thence southeast along U.S. 287 to the intersection of State Highway (S.H.) 354 in Moore County; thence west along S.H. 354 to U.S. 385 in Hartley County; thence northwest along U.S. 385/87 to intersection of U.S. 87 and U.S. 54 in the City of Dalhart in Dallam County.]

[(2) Area 2. That portion of the state south of a line beginning at the intersection of S.H. 70 and Canadian River in Roberts County; thence east along the Canadian River to U.S. 60 in Hemphill County; thence southwest along U.S. 60/83 to Ranch Road (R.R.) 3367 in Roberts County; thence southeast along R.R. 3367 to County Road (C.R.) W; thence east along C.R. W to Neece Road in Hemphill County; thence south along Neece Road to C.R. Z; thence east along C.R. Z to U.S. 83; thence south along U.S. 83 to C.R. A in Wheeler County; thence west along C.R. A to F.M. 48; thence south along F.M. 48 to S.H. 152/W. Oklahoma Ave; thence west along S.H. 152/W. Oklahoma Ave to R.R. 2857 in Gray County; thence south along R.R. 2857 to Ranch to Market (R.M.) 1321; thence west along R.M. 1321 to S.H. 273; thence west/northwest along S.H. 273 to S.H. 171 Loop; thence north along S.H. 171 Loop to S.H. 70; thence north along S.H. 70 to the Canadian River in Roberts County.]

[(e) The department may establish mandatory check stations in the areas described in subsection (d) of this section. If check stations have been established, a person who kills a buck pronghorn antelope or the person’s representative must present the entire, intact head at a check station within 24 hours of take.]

§65.42. Deer.

(a) (No change.)

(b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.

(1) (No change.)

(2) The general open season for the counties listed in this subparagraph is from the first Saturday in November through the first Sunday in January.

(A) — (H) (No change.)

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

(i) – (ii) (No change.)

(iii) lawful means are restricted to lawful archery equipment [and crossbows only], including properties for which MLDP tags have been issued.

(J) – (L) (No change.)

(3) – (7) (No change.)

(1) – (2) (No change.)

(3) In Brewster, Pecos, and Terrell counties:

(A) (No change.)

(B) bag limit: [two deer, no more than] one buck; and

(C) antlerless deer may be taken by antlerless mule deer permit or MLDP tag only.

(4) – (6) (No change.)

§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.

(a) (No change.)

[(b) In Andrews, Bailey, Borden, Brewster, Briscoe, Carson, Castro, Cochran, Crane, Culberson, Dallam, Dawson, Deaf Smith, Ector, El Paso, Floyd, Gaines, Glasscock, Hale, Hansford, Hartley, Hockley, Howard, Hudspeth, Hutchinson, Jeff Davis, Lamb, Loving, Lubbock, Lynn, Martin, Midland, Moore, Oldham, Parmer, Potter, Presidio, Reagan, Reeves, Sherman, Swisher, Terry, Upton, Ward, Winkler, and Yoakum counties, there is no open season on squirrel.]

(b)[(c)] In all other counties, there is an open season from September 1 through August 31, during which there is no bag limit.

(c)[(d)] In the counties listed in subsection (a) of this section, there shall be a special youth-only general hunting season during which only licensed hunters 16 years of age or younger may hunt.

(1) – (2) (No change.)

§65.64. Turkey.

(a) (No change.)

(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, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, 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, Wilson, 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) – (ii) (No change.)

(2) (No change.)

(3) Spring season and bag limits.

(A) The counties listed in this subparagraph are in the Spring North Zone. In Archer, Armstrong, Bandera, Baylor, Bell, Bexar, Blanco, Borden, Bosque, Brewster, 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, Ellis, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Guadalupe, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Jeff Davis, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Hwy. 90), Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Medina (north of U.S. Hwy. 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Uvalde (north of U.S. Hwy. 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), Ward, Wheeler, Wichita, Wilbarger, Williamson, Wise, and Young counties, there is a spring general open season.

(i) – (ii) (No change.)

(B) The counties listed in this subparagraph are in the Spring South Zone. In Aransas, Atascosa, [Bandera,] Bee, [Bexar, Blanco, Brewster,] Brooks, Calhoun, Cameron, [Comal, Crockett,] DeWitt, Dimmit, Duval, [Edwards,] Frio, [Gillespie,] Goliad, Gonzales, [Guadalupe, Hays,] Hidalgo, [Jeff Davis,] Jim Hogg, Jim Wells, Karnes, [Kendall], Kenedy, [Kerr, Kimble,] Kinney (south of U.S. Hwy. 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Hwy. 90), Nueces, [Pecos, Real,] Refugio, San Patricio, Starr, [Sutton, Terrell,] Uvalde (south of U.S. Hwy. 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), Victoria, Webb, Willacy, Wilson, Zapata, and Zavala counties, there is a spring general open season.

(i) – (ii) (No change.)

(C) In Bastrop, Caldwell, Colorado, Fayette, Jackson, Lavaca, Lee, Matagorda, Milam, and Wharton counties, there is a spring general open season.

(i) – (ii) (No change.)

(iii) All turkeys harvested during the open season established under this subparagraph must be reported within 24 hours of the time of kill via an internet or mobile application designated by the department for that purpose.

(4) (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 counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

(1) – (2) (No change.)

(3) In the counties listed in this subsection:

(A) it is unlawful to hunt turkey by any means other than a shotgun or[,] lawful archery equipment[, or crossbows];

(B) — (C) (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 October 28 [November 1] through the last Sunday in February.

(2) — (3) (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

Commission Agenda Item No. 3
Exhibit B

MIGRATORY GAME BIRD PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§65.314-65.320, 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.

The proposed amendments specify the season dates for the 2021-2022 migratory game bird seasons. In all cases, the proposed rules retain the season structure and bag limits for all migratory game birds from last year, with one exception, 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).

The single exception is an increase of two days of hunting opportunity in the Special White-winged Dove Area (SWWDA) within the South Dove Zone. The Service has allowed Texas to provide two days of additional opportunity in the SWWDA provided those days are subtracted from the regular South Zone season. Survey data indicate a preference by landowners and hunters for as much early hunting opportunity as possible.

2. Fiscal Note.

John Silovsky, 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. Silovsky 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.

(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) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation, expand or limit an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state’s economy.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Shaun Oldenburger (Small Game Program Director) at 512-389-4778, email: shaun.oldenburger@tpwd.texas.gov. Comments also may be submitted via the department’s website at https://www.tpwd.texas.gov/business/feedback/public_comment/.

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.

§65.314 Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves)

(a) (No change.)

(b) Seasons; Daily Bag Limits.

(1) North Zone.

(A) Dates: September 1 — November 12, 2021 [2020] and December 17, 2021 — January 2, 2022 [December 18, 2020 — January 3, 2021].

(B) (No change.)

(2) Central Zone.

(A) Dates: September 1 – October 31, 2021 [November 1, 2020] and December 17, 2021 — January 14, 2022 [December 18, 2020 — January 14, 2021].

(B) (No change.)

(3) South Zone and Special White-winged Dove Area.

(A) Dates: September 3-5 and 10-12, 2021 [5, 6, 12, and 13, 2020]; September 14 – October 31, 2021 [November 1, 2020]; and December 17, 2021 — January 21, 2022 [December 18, 2020 — January 23, 2021].

(B) Daily bag limit:

(i) from September 3-5 and 10-12, 2021 [on September 5, 6, 12, and 13, 2020]; 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped (white-fronted) doves per day; and

(ii) from September 14 – October 31, 2021 and December 17, 2021 — January 21, 2022 [September 14 — November 1, 2020 and December 18, 2020 — January 23, 2021]; 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped (white-fronted) doves per day.

§65.315. Ducks, Coots, Mergansers, and Teal.

(a) (No change.)

(b) Season dates and bag limits.

(1) HPMMU.

(A) For all species other than "dusky ducks": October 30-31, 2021 and November 5, 2021 — January 30, 2022 [October 31 — November 1, 2020 and November 6, 2020 — January 31, 2021]; and

(B) "dusky ducks": November 8, 2021 — January 30, 2022 [November 9, 2020 — January 31, 2021].

(2) North Zone.

(A) For all species other than "dusky ducks": November 13 — 28, 2021 and December 4, 2021 — January 30, 2022 [November 14 — 29, 2020 and December 5, 2020 — January 31, 2021]; and

(B) "dusky ducks": November 18 – 28, 2021 and December 4, 2021 – January 30, 2022 [November 19 — 29, 2020 and December 5, 2020 — January 31, 2021].

(3) South Zone.

(A) For all species other than "dusky ducks": November 6 — 28, 2021 and December 11, 2021 — January 30, 2022 [November 7 — 29, 2020 and December 12, 2020 — January 31, 2021]; and

(B) "dusky ducks": November 11 — 28, 2021 and December 11, 2021 — January 30, 2022 [November 12 — 29, 2020 and December 12, 2020 — January 31, 2021].

(4) September teal-only season.

(A) (No change.)

(B) Dates: September 11 — 26, 2021 [12 — 27, 2020].

§65.316. Geese.

(a) (No change.)

(b) Season dates and bag limits.

(1) Western Zone.

(A) Light geese: November 13, 2021 — February 13, 2022 [November 14, 2020 — February 14, 2021]. The daily bag limit for light geese is 10, and there is no possession limit.

(B) Dark geese: November 13, 2021 — February 13, 2022 [November 14, 2020 — February 14, 2021]. The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

(2) Eastern Zone.

(A) Light geese: November 6, 2021 — January 30, 2022 [November 7, 2020 — January 31, 2021]. The daily bag limit for light geese is 10, and there is no possession limit.

(B) Dark geese:

(i) Season. November 6, 2021 — January 30, 2022 [November 7, 2020 — January 31, 2021];

(ii) (No change.)

(c) September Canada goose season. Canada geese may be hunted in the Eastern Zone during the season established by this subsection. The season is closed for all other species of geese during the season established by this subsection.

(1) Season dates: September 11 — 26, 2021 [September 12 — 27, 2020].

(2) (No change.)

(d) Light Goose Conservation Order. The provisions of paragraphs (1) — (3) of this subsection 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) Season dates.

(A) From January 31 – March 13, 2022 [February 1 — March 14, 2021], the take of light geese is lawful in the Eastern Zone.

(B) From February 14 — March 13, 2022 [February 15 — March 14, 2021], the take of light geese is lawful in the Western Zone.

§65.317. Special Youth-Only Waterfowl Season. There shall be a Special Youth-Only Season for waterfowl, 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 title (relating to Extended Falconry Seasons).

(1) HPMMU:

(A) season dates: October 23 — 24, 2021 [October 24 — 25, 2020]; and

(B) (No change.)

(2) North Duck Zone:

(A) season dates: November 6 — 7, 2021 [November 7 — 8, 2020]; and

(B) (No change.)

(3) South Duck Zone:

(A) season dates: Special youth-only season: October 30 – 31, 2021 [October 31 — November 1, 2020];

(B) (No change.)

§65.318. Sandhill Crane.

(a) (No change.)

(b) Season dates and bag limits.

(1) Zone A: October 30, 2021 — January 30, 2022 [October 31, 2020 — January 31, 2021]. The daily bag limit is three.

(2) Zone B: November 26, 2021 — January 30, 2022 [November 27, 2020 — January 31, 2021]. The daily bag limit is three.

(3) Zone C: December 18, 2021 — January 23, 2022 [December 19, 2020 — January 24, 2021]. The daily bag limit is two.

§65.319. Gallinules, Rails, Snipe, Woodcock.

(a) Gallinules (moorhen or common gallinule and purple gallinule) may be taken in any county during the season established in this subsection.

(1) Season dates: September 11 — 26 and November 6 — December 29, 2021 [September 12 — 27 and November 7 — December 30, 2020].

(2) (No change.)

(b) Rails may be taken in any county in this state during the season established by this subsection.

(1) Season dates: September 11 — 26 and November 6 — December 29, 2021 [September 12 — 27 and November 7 — December 30, 2020].

(2) (No change.)

(1) Season dates: November 6, 2021 — February 20, 2022 [November 7, 2020 — February 21, 2021].

(2) (No change.)

(d) Woodcock may be taken in any county of the state during the season established by this subsection.

(1) Season dates: December 18, 2021 [2020] — January 31, 2022 [2021].

(2) (No change.)

§65.320. Extended Falconry Seasons. It is lawful to take the species of migratory birds listed in this section by means of falconry during the seasons established by this section.

(1) Mourning doves, white-winged doves and white-tipped doves: November 19 — December 5, 2021 [November 20 — December 6, 2020].

(2) Duck, gallinule, moorhen, rail, and woodcock: January 31 — February 14, 2022 [February 1 — February 15, 2021].

(3) – (4) (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