Rules Required Or Authorized By Legislation - Senate Bill 1245 - Take Of Aoudad Sheep By Helicopter

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RULES REQUIRED OR AUTHORIZED BY LEGISLATION

SENATE BILL 1245

TAKE OF AOUDAD SHEEP BY HELICOPTER

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes amendments to 31 TAC §65.151 and §65.152, concerning Permits for Aerial Management of Wildlife and Exotic Species. The proposed amendments would comport existing rules governing the take of wildlife and exotic animals from aircraft to reflect the provisions of Senate Bill (S.B.) 1245, enacted by the most recent session of the Texas Legislature. Senate Bill 1245 amended Parks and Wildlife Code, Chapter 43, Subchapter G, to allow a qualified landowner or landowner’s agent to contract to participate as a hunter or observer in using a helicopter to take depredating aoudad sheep from a helicopter under a permit issued by the department.

        The proposed amendments add “aoudad sheep” where necessary to make the provisions of the subchapter functional with respect to the management of aoudad sheep by means of aircraft. Such changes are made throughout the rules as necessary.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, 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 government as a result of enforcing or administering the rules as proposed.

        There will be no effect on persons required to comply with the rules as proposed.

3. Public Benefit/Cost Note.

        Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect:

                 (A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be compliance with the directives of the Texas Legislature.

                (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. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

        The department has determined that the proposed rules affect a permit that privileges individual persons to manage wildlife and exotic species and therefore do not directly affect small businesses, micro-businesses, or rural communities. There will be no adverse economic effect on small businesses, microbusinesses, or rural communities as a result of the rules. On this basis, the department has determined that 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 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 a fee;

                         (5) not create a new regulation, but will expand an existing regulation (by allowing the take of aoudad sheep from aircraft under a department-issued permit);

                         (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 Kory Gann, Big Game Program Director, at 512.389.4363, email: kory.gann@tpwd.texas.gov, or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendments are proposed under the provisions of Senate Bill (S.B.) 1245, enacted by the 89th Texas Legislature (R.S.), which allows a qualified landowner or landowner’s agent to contract to participate as a hunter or observer in using a helicopter to take depredating aoudad sheep from a helicopter under a permit issued by the department, and Parks and Wildlife Code, Chapter 43, Subchapter G, which provides the commission with authority to make regulations governing the management of wildlife or exotic animals by the use of aircraft, including forms and procedures for permit applications; procedures for the management of wildlife or exotic animals by the use of aircraft; limitations on the time and the place for which a permit is valid; establishment of prohibited acts; rules to require, limit, or prohibit any activity as necessary to implement Parks and Wildlife Code, Chapter 43, Subchapter G.

        The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapter G.

6. Rule Text.

        §65.151. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

                 (1) – (11) (No change.)

                 (12) Subagent — A person designated by an Agent to act as a gunner for the

purpose of taking of feral hogs, aoudad sheep, or coyotes.

                 (13) (No change.)

        §65.152. General Rules.

                 (a) – (b) (No change.)

                 (c) It is lawful for a person who holds an AMP to contract with a qualified Landowner, Agent, or Subagent to act as a gunner the taking of depredating feral hogs, aoudad sheep, or coyotes from a helicopter, provided:

                         (1) — (3) (No change.) 

                 (d) A person (which includes a pilot, applicant, gunner, observer, or Subagent) commits an offense if:

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

                         (3) the person participates in the take or attempted take of any wildlife or exotic animals other depredating feral hogs, aoudad sheep, or coyotes without having on his or her person a valid hunting license issued by the department;

                         (4) – (12) (No change.)

                 (e) – (g) (No change.)

                 (h) The department will not approve an LOA for the take of feral hogs or aoudad sheep on a tract of land where feral hogs or aoudad sheep have been released or liberated by or with the approval of the Landowner or Agent for the purpose of being hunted.

        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