Rules Required Or Authorized By Legislation - Special Permits - Senate Bill 2801 - Field Trial Permits

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RULES REQUIRED OR AUTHORIZED BY LEGISLATION

SPECIAL PERMITS

SENATE BILL 2801 — FIELD TRIAL PERMITS

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes new 31 TAC §65.908, concerning Field Trial Permit. The proposed new rule would implement provisions required or authorized under Senate Bill 2801, enacted during the Regular Session of the 89^th Texas Legislature, which amended the Parks and Wildlife Code by adding new Chapter 43, Subchapter J, to create a field trial permit allowing the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands identified by commission rule. The fee for the permit is fixed by statute at $50.

        Proposed new subsection (a) would explicitly identify the field trial permit authorized by S.B. 2801 and clearly distinguish it from other, similar types of permits already issued by the department under existing statutory and regulatory authority. The department wishes to eliminate, to the extent possible, any confusion with respect to various dog-related permits administered by the department.

        Proposed new subsection (b) would prescribe the process and content for applications for a field trial permit. The proposed provision would specify the issuance of permits to named individuals only, which is necessary to facilitate enforcement activities by providing for the clear identification of a responsible party with respect to conduct regulated under the rule. The proposed provision also would allow for the department to prescribe permit conditions necessary to manage and protect wildlife resources subject to permitted activities. Because Texas is a large state with many types of ecological systems and property conditions, the circumstances of any given permit cannot be anticipated and articulated by rule; therefore, the provision would allow the department to prescribe permit conditions unique to a given permit if necessary.

        Proposed new subsection (c) would require the permittee or a designee to be present at all times during the period of validity of the permit, to possess a list of all participants present during the period of the validity of the permit (including identification and contact information), a map or boundary description of the property where the activity is taking place, and written landowner consent for permitted activities (if the permittee is not the landowner of the property where permitted activities are taking place), all of which are necessary to assist the department in determining regulatory compliance. The proposed amendment also would require all officials, participants, and spectators of events conducted on public hunting lands under the provisions of S.B. 2801 to obtain and possess during all activities either a Limited Public Use (LPU) permit or Annual Public Hunting (APH) permit, which provides an effective waiver of liability for the state in the absence of the liability insurance and bond requirements established by Chapter 65, Subchapter H for other types of hunting dog events.

        Proposed new subsection (d) would identify the units of department-owned public lands where field trial permits under the provisions of the proposed new section could be issued, which is required under the provisions of S.B. 2801; provided the activity does not occur during public hunting activities or interfere with research or management activities.

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 minimal fiscal implications to the department in the form of revenue from the sale of a small number of LPU and APH permits required under the proposed rule, which is not expected to be greater than $1,000 per year.

         There will be no fiscal implications to other units of state or local government as a result of administering the rules.

        There will be fiscal implications on persons required to comply with the rule as proposed, namely the cost of a permit ($50); however, that fee is established under the provisions S.B. 2801 and is not a result of this rulemaking. Additionally, persons engaging in permitted activities on public hunting lands will incur a cost of $12 for a LPU permit or a cost of $48 for an APH permit, at the discretion of the participant.

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 rule will be compliance with the directives of the Texas Legislature.

                 (B) Under 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. 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 because the rule as proposed does not directly regulate any small business, microbusiness, or rural community, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rule.

                 (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) 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) create a new regulation (to implement a process for obtain a Field Trial Permit);

                         (6) not expand an existing regulation;

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

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Kevin Mote, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 217-2779 or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The new rule is proposed under the provisions of Senate Bill 2801 (R.S. 2025), which amended Parks and Wildlife Code, Chapter 43, by adding new Subchapter J, to authorize the commission to prescribe by rule the manner of application for and issuance of the field trial permit authorized by the subchapter, rules necessary to administer the subchapter, and rules to specify public lands where field trial permits under the subchapter may be issued.

        The proposed new rule affects Parks and Wildlife Code, Chapter 43, Subchapter J.

6. Rule Text.

        §65.908. Field Trial Permit.

                 (a) General.

                         (1) The department may issue a Field Trial Permit to a qualified applicant as provided by Parks and Wildlife Code, Chapter 43, Subchapter J. A permit under this section may be issued for a single field trial that takes place on multiple private lands or multiple public lands, but not for an event that takes place on both private and public lands.

                         (2) A permit under this section is not required for an activity lawfully conducted under the provisions of:

                                  (A) Parks and Wildlife Code, Chapter 43, Subchapter F; or

                                  (B) §65.194 of this title (relating to Competitive Dog Events).

                         (3) A permit under this section may not be substituted for or used in lieu of a permit described in:

                                  (A) Parks and Wildlife Code, Chapter 43, Subchapter F; or

                                  (B) §65.194 of this title (relating to Competitive Dog Events).

                         (4) A permit under this section is valid only on the specific properties or public lands for which it was issued and authorizes only the activities identified in Parks and Wildlife Code, Chapter 43, Subchapter J.

                         (5) For the purposes of this section, “public lands” means the department-owned or department-managed lands listed in subsection (d) of this section. 

                 (b) Application and issuance.

                         (1) A permit under this section shall be issued only to a named individual and not in the name of any organization or association.

                         (2) The department will not issue a permit under this section until an administratively complete application for a Field Trial Permit has been submitted to the department on a form supplied or approved by the department for that purpose.

                         (3) The department may prescribe permit conditions as necessary to manage and protect wildlife resources subject to the activity authorized by the permit.

                 (c) On-site requirements. The person to whom a Field Trial Permit is issued (permittee) may designate another person to act on his or her behalf for purposes of  compliance with this subsection. Such designation shall be in writing and shall be possessed on the person of the designee during permitted activities. The permittee or designee shall possess on their person at all times during the time period specified by the permit for the conduct of permitted activities:

                                  (1) the Field Trial Permit (original, photocopy, or photograph); 

                                  (2) a list of all persons participating in permitted activities (participants). The list shall consist of, for each participant:

                                          (A) the participant’s full legal name;

                                          (B) address and a functioning telephone number or email address; and

                                          (C) the driver’s license or state-issued personal identification number issued by the participant’s state of residence;

                                          (D) a map or boundary description of the property where the permitted activities are to take place, if the prospective activity is to take place on private lands; and

                                          (E) if the property where the permitted activity is taking place is owned by a person other than the permittee, written consent from the owner of the land where the permitted activity is taking place to use the property for the purposes authorized by the permit.

                                 (3) All officials, participants, and spectators at permitted activities occurring on public hunting lands under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter J, shall obtain and be in physical possession of a valid Limited Public Use Permit or Annual Public Hunting permit issued by the department under the provisions of Subchapter H of this chapter at all times such persons are present on public hunting lands. 

                 (d) A permit under this section may be issued for designated areas within the following units of public hunting lands, provided the prospective activity does not interfere with public hunting, research, or management activities.

                         (1) Alazan Bayou WMA (including Blunt property);

                         (2) Big Lake Bottom WMA);

                         (3) Black Gap WMA;

                         (4) Blue Elbow Swamp-Tony Houseman WMA;

                         (5) Caddo Lake WMA;

                         (6) Chaparral WMA;

                         (7) Dam B WMA (including Angelina-Neches Scientific Area)

                         (8) Gus Engeling WMA;

                         (9) Las Palomas WMA;

                         (10) Elephant Mountain WMA;

                         (11) Gene Howe WMA (does not include Pat Murphy Unit); 

                         (12) Guadalupe Delta WMA;

                         (13) James Daughtrey WMA;

                         (14) Justin Hurst WMA;

                         (15) Matador WMA;

                         (16) McGillvray and Leona McKie Muse WMA;

                         (17) Moore Plantation WMA;

                         (18) Nannie Stringfellow WMA;

                         (19) Old Sabine Bottom WMA;

                         (20) Pat Mayse WMA;

                         (21) Ray Roberts;

                         (22) Roger Fawcett WMA; and

                         (23) White Oak Creek WMA. 

        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

FEE RULES

PERMITS FOR THE USE OF PROTECTED WILDLIFE TO TRAIN DOGS

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §53.15, concerning Miscellaneous Fisheries and Wildlife Licenses and Permits.

        The proposed amendments would acknowledge the fee of $50 for field trial permits issued under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter J.

        The Texas Legislature during the most recent regular session enacted Senate Bill 2801, which added new Chapter 43, Subchapter J, to create a new type of field trial permit limited to the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands authorized by the department by rule. The fee for the permit is set by statute at $50; however, the department maintains by rule a list of fees for various permits and licenses and therefore wishes to add the new permit fee to keep that list contemporaneous and accurate.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed are in effect, any fiscal implications resulting from administration of the rule will be minimal and in any case the fee is established under the provisions S.B. 2801 and not as a result of this rulemaking; therefore, there is no effect on persons required to comply with the rule 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 rule will be the accuracy of fee schedules in department rules.

                 (B) Under 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. 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 because the rule as proposed does not directly regulate any small business, microbusiness, or rural community, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rule.

                 (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) 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;

                         (6) not expand an existing regulation;

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

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Kevin Mote, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 217-2779-; email: kevin.mote@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendment is proposed under Parks and Wildlife Code, §43.0762, which authorizes the commission to adopt regulations necessary to administer that subchapter.

        The proposed amendment affects Parks and Wildlife Code, Chapters 43.

6. Rule Text.

        §53.15. Miscellaneous Fisheries and Wildlife Licenses and Permits.

                 (a) – (h) (No change.)

                 (i) Permit for Field Trial under the provisions of Parks and Wildlife Code, Subchapter J — $50.

        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

PUBLIC HUNTING PROCLAMATION

COMPETITIVE HUNTING DOG EVENTS

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes amendments to 31 TAC §65.191, concerning Definition, and §65.194, concerning Competitive Hunting Dog Events.

        The proposed amendments would remove all references to “field trial” and “field trial permits” and instead refer to those activities as “competitive hunting dog events,” which is necessary to prevent confusion, as well as waive insurance and bond requirements for certain types of competitive hunting dog events conducted under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter J.

        Under Parks and Wildlife Code, §62.016, the department is authorized to issue a permit for “competitive hunting dog events” in an area designated by the commission as a public hunting area and places no restrictions on the species that such permits may be used to pursue. Department rules (§65.194) therefore provide for the issuance and use of such permits, and employ the term “field trial” as a useful shorthand. Under Parks and Wildlife Code, Chapter 43, Subchapter F, the department may issue a Private Bird Hunting Area Permit on private lands, and persons who hold such a permit may apply for a “field trial” permit as provided by Parks and Wildlife Code, §43.0763, which is limited to the pursuit of banded, pen-raised game birds.

        The Texas Legislature during the most recent regular session enacted Senate Bill 2801, which added new Chapter 43, Subchapter J, to create another type of field trial permit limited to the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands authorized by the department by rule. The department has determined that having three kinds of permits with the same or similar name that are valid for at least four different regulatory scenarios under multiple fee standards could create confusion; therefore, in proposed rulemakings published elsewhere in this issue of the Texas Register the department would create the “Field Trial Permit” explicitly required by S.B. 2801, while in this proposed rulemaking eliminate references to “field trial permit,” and instead refer to those activities as “competitive hunting dog events.” The proposed amendment also would waive the insurance and bond requirements of the subchapter for events authorized under the provisions of S.B. 2801; require all officials, participants, and spectators of events conducted under the provisions of S.B 2801 to obtain and possess during all activities either a Limited Public Use (LPU) permit or Annual Public Hunting (APH) permit; make changes to modernize program administration by requiring applicants to provide an email address as part of the contact information; and rephrase paragraph (9)(B) for clarification.

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 minimal fiscal implications to the department in the form of revenue from the sale of a small number of LPU and APH permits required under the proposed rule, which is not expected to be greater than $1,000.

        There will be no fiscal implications to other units of state or local government as a result of administering the rules.

        The rules will result in costs to persons required to comply, as all officials, participants, and handlers in affected activities would be required to purchase a $12 LPU permit or a $48 APH permit, at the discretion of the participant.

3. Public Benefit/Cost Note.

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

                 (A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be elimination of confusing regulatory language.

                 (B) Under 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. 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 because the rules as proposed do not directly regulate any small business, microbusiness, or rural community, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rules.

                 (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) reduce the amount of a fee;

                         (5) not create a new regulation;

                         (6) not expand an existing regulation;

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

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rules may be submitted to Kevin Mote, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 217-2779); email: kevin.mote@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, §81.403, which authorizes the commission to issue a permit authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use and to impose a fee, and under Parks and Wildlife Code, §81.404, which authorizes the commission to adopt rules governing recreational activities in wildlife management areas.

        The proposed amendments affect Parks and Wildlife Code, Chapter 81.

6. Rule Text.

        §65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).

                 (1) — (9) (No change.)

                 (10) Competitive hunting dog event [(field trial)] — A department-sanctioned contest in which the skills of hunting dogs are tested.

                 (11) – (49) (No change.)

        §65.194. Competitive Hunting Dog Event [(Field Trials)] and Fees. The department may authorize competitive hunting dog events[field trials] on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.

                 (1) No person shall conduct or participate in a competitive hunting dog event[field trial] on public hunting lands unless the event has been sanctioned by the department through the issuance of a Competitive Hunting Dog Event[Field Trial] Permit in accordance with this section.

                 (2) An application for a Competitive Hunting Dog Event[field trial] Permit shall be submitted at least 30[90] days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:

                         (A) the name, address, email address, and telephone number of the sponsoring person(s) or organization(s), and the Social Security number of the person to whom the permit will be issued, if approved;

                         (B) the unit(s), compartment(s), and approximate acreage of public hunting lands that the proposed event would involve;

                         (C) the date(s) of the proposed event, including preparatory activity and cleanup operations;

                         (D) the exact nature of the event, including any construction, facilities emplacement, or other site alterations;

                         (E) the estimated number of participating dogs, dog handlers, and officials, respectively, and the estimated number of spectators;

                         (F) the species of animals or birds to be pursued during the event;

                         (G)[(F)] the fee for the competitive hunting dog event[field trial] permit[as assessed according to the number of participating dog handlers and officials]as specified by Chapter 53, Subchapter A of this title, (relating to Fees).

                         (H)[(G)] proof of liability insurance for the event in the amount of at least $250,000, which shall include coverage of personal injury and property damage; and

                         (I)[(H)] a performance bond in the amount of $5,000 to assure restoration of the involved public hunting lands to pre-event[pre-field trial] conditions.

                         (J) The provisions of subparagraphs (H) and (I) of this paragraph do not apply to an applicant seeking authorization to pursue squirrels, fur-bearing animals, and nongame wildlife under a permit pursuant to Parks and Wildlife Code, Chapter 43, Subchapter J.

                         (K) All officials, participants, and spectators at permitted activities occurring on public hunting lands under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter J, shall obtain and be in physical possession of a valid Limited Public Use Permit or Annual Public Hunting Permit issued by the department at all times such persons are present on public hunting lands.  

                 (3) Approval or denial of the permit application shall be at the sole discretion of the regional director and shall be based on the anticipated impact the proposed event would have:

                         (A) on the natural resources of public hunting lands; and

                         (B) on other events or activities authorized or conducted by the department.

                 (4) The regional director shall, within 30 days of receipt of such application, notify the applicant of approval or denial of the application. If the application is approved, the [field trial] permit shall be issued in the form of a letter to the applicant. Any requirements or restrictions in addition to the provisions of this subchapter shall be specified in the permit.

                 (5) A permit issued under the provisions of this section[The field trial permit] shall be present and available on-site during all permitted[field trial] activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names of all dog handlers and officials who at any time participate in the event, and the names of all spectators. [The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit.] The list shall be sent to the regional director no later than ten days following the conclusion of the event.

                 (6) All persons named on the list as officials, dog handlers, or spectators shall, during the event, be exempt from the access permit requirements of this subchapter.

                 (7) The permittee is responsible and liable for the actions of all [field trial]participants, spectators, and dogs during all activities conducted during an[this] event conducted under the provisions of this section.

                 (8) All construction, facilities emplacement, or other site alterations shall be performed and removed strictly in accordance with the conditions specified in[of] the [field trial] permit. The permittee shall not be released from the obligations of this section and the performance bond shall not be returned to the permittee until the department is satisfied that the site has been restored to pre-event[pre-trial] conditions.

                 (9) During any [field trial] activity conducted under the provisions of this section, it is an offense for any person attending the event or named on the list required by paragraph (2) of this section to:

                         (A) violate any condition of the [field trial] permit; or

                         (B) kill or injure any wildlife resource [take or attempt to take any animal or bird].

        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