Commission Meeting Agenda Item No. 3
Presenter: Owen Fitzsimmons

Action
2023-2024 Migratory Game Bird Proclamation
Recommended Adoption of Proposed Changes
March 23, 2023

I.      Executive Summary: Staff seeks adoption of proposed changes to the Migratory Game Bird Proclamation. The proposed amendments would:

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 (Uniform Wildlife Regulatory Act). 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 25, 2023, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 17, 2023, issue of the Texas Register (48 TexReg 832). A summary of public comment on the proposed rules will be presented at the time of the meeting.

III.   Recommendation: The staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §§65.314-65.320, concerning the Migratory Game Bird Proclamation, as listed in Exhibit A, with changes as necessary to the proposed text as published in the February 17, 2023, issue of the Texas Register (48 TexReg 832).

Attachment – 1

  1. Exhibit A – Proposed Rules

Commission Agenda Item No. 3
Exhibit A

2023 — 2024 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.

        With one exception, the proposed amendments specify the season dates for hunting the various species of migratory game birds for 2023-2024 seasons. The proposed rules retain the season structure and bag limits for all species of migratory game birds from last year 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 exception mentioned earlier in this preamble is an amendment to §65.318, concerning Sandhill Crane, which would clarify that federal sandhill crane permit required by the subsection is not valid unless it is issued by the department (i.e., a federal crane permit issued by another state is not valid to hunt sandhill crane in Texas).

2. Fiscal Note.

        Shaun Oldenburger, Wildlife Division Small Game Program 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. Oldenburger 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) 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:

                 (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) not create a new regulation, expand or limit an existing regulation;

                 (6) neither increase nor decrease the number of individuals subject to regulation; and

                 (7) 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, e-mail: shaun.oldenburger@tpwd.texas.gov or via the department website at www.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.

        §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, 2023 and December 15-31, 2023[September 1 — November 13, 2022 and December 17, 2022 — January 1, 2023].

                                  (B) (No change.)

                         (2) Central Zone.

                                  (A) Dates: September 1 — October 29, 2023 and December 15, 2023 — January 14, 2024[September 1 — October 30, 2022 and December 17, 2022 — January 15, 2023.]

                                  (B) (No change.)

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

                                  (A) Dates: September 1-3 and 8-10, 2023; September 14 — October 29, 2023; and December 15, 2023 — January 21, 2024[September 2-4 and 9-11, 2022; September 14 — October 30, 2022; and December 17, 2022 — January 22, 2023].

                                  (B) (No change.)

        §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 28-29, 2023 and November 3, 2023 — January 28, 2024[October 29-30, 2022 and November 4, 2022 — January 29, 2023]; and

                                  (B) "dusky ducks": November 6, 2023 — January 28, 2024[November 7, 2022 — January 29, 2023].

                         (2) North Zone.

                                  (A) For all species other than "dusky ducks": November 11-26, 2023 and December 2, 2022 — January 28, 2024[November 12-27, 2022 and December 3, 2022 — January 29, 2023]; and

                                  (B) "dusky ducks": November 16-26, 2023 and December 2, 2023 — January 28, 2024[November 17-27, 2022 and December 3, 2022 — January 29, 2023].

                         (3) South Zone.

                                  (A) For all species other than "dusky ducks": November 4-26, 2023 and December 9, 2023 — January 28, 2024[November 5-27, 2022 and December 10, 2022 — January 29, 2023]; and

                                  (B) "dusky ducks": November 9-26, 2023 and December 9, 2023 — January 28, 2024[November 10-27, 2022 and December 10, 2022 — January 29, 2023].

                         (4) September teal-only season.

                                  (A) (No change.)

                                  (B) Dates: September 9-24, 2023[September 10-25, 2022].

                 (c) (No change.)

        §65.316. Geese.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) Western Zone.

                                  (A) Light geese: November 4, 2023 — February 4, 2024[November 5, 2022 — February 5, 2023]. The daily bag limit for light geese is 10, and there is no possession limit.

                                  (B) Dark geese: November 4, 2023 – February 4, 2024. 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 4, 2023 — January 28, 2024[November 5, 2022 — January 29, 2023]. The daily bag limit for light geese is 10, and there is no possession limit.

                                  (B) Dark geese:

                                          (i) Season: November 4, 2023 — January 28, 2024[November 5, 2022 — January 29, 2023];

                                          (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 9-24, 2023[September 10-25, 2022].

                         (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 29 — March 10, 2024[January 30 — March 12, 2023], the take of light geese is lawful in the Eastern Zone.

                                  (B) From February 5 — March 10, 2024[February 6 — March 12, 2023] , the take of light geese is lawful in the Western Zone.

        §65.317. Special Youth, Active-Duty[Active Duty] Military, and Military Veteran Seasons.

                 (a) Special Youth Waterfowl Season. There shall be a Special Youth 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 21-22, 2023[October 22 — 23, 2022];

                                  (B) (No change.)

                         (2) North Duck Zone:

                                  (A) season dates: November 4-5, 2023[November 5 — 6, 2022];

                                  (B) (No change.)

                         (3) South Duck Zone:

                                  (A) season dates: October 28-29, 2023[October 29 — 30, 2022];

                                  (B) (No change.)

                 (b) Special Active-Duty Military and Military Veteran Migratory Game Bird Season.

                         (1) – (2) (No change.)

                         (3) Season Dates and Bag Limits.

                                  (A) HPMMU:

                                          (i) season dates: October 21-22, 2023[October 22 — 23, 2022];

                                          (ii) (No change.)

                                 (B) North Duck Zone:

                                          (i) season dates: November 4-5, 2023[November 5 — 6, 2022];

                                          (ii) (No change.)

                                  (C) South Duck Zone:

                                          (i) season dates: October 28-29, 2023[October 29 — 30, 2022];

                                          (ii) (No change.)

                         (4) (No change.)

        §65.318. Sandhill Crane.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) Zone A: October 28, 2023 — January 28, 2024[October 29, 2022 — January 29, 2023]. The daily bag limit is three.

                         (2) Zone B: November 24, 2023 — January 28, 2024[November 25, 2022 — January 29, 2023]. The daily bag limit is three.

                         (3) Zone C: December 16, 2023 — January 21, 2024[December 17, 2022 — January 22, 2023]. The daily bag limit is two.

                 (c)  No person may hunt sandhill cranes in this state unless that person has obtained a department-issued federal sandhill crane permit valid for the season in which the hunting occurs. The permit required by this subsection is free.

        §65.319. Gallinules, Rails, Snipe, Woodcock.

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

                         (1) Season dates: September 9-24 and November 4 — December 27, 2023[September 10-25 and November 5 — December 28, 2022].

                         (2) (No change.)

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

                         (1) Season dates: September 9-24 and November 4 — December 27, 2023[September 10-25 and November 5 — December 28, 2022].

                         (2) (No change.)

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

                         (1) Season dates: November 4, 2023 — February 18, 2024[November 5, 2022 — February 19, 2023].

                         (2) (No change.)

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

                         (1) Season dates: December 18, 2023 — January 31, 2024[December 18, 2022 — January 31, 2023].

                         (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 17 — December 3, 2023[November 18 — December 4, 2022].

                 (2) Duck, gallinule, moorhen, rail, and woodcock: January 29 — February 12, 2024[January 30 — February 13, 2023].

                 (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