Presenters: Robert L. Cook, Phil Durocher, Paul Hammerschmidt

Commission Agenda Item No. 3
Action
1998-1999 Statewide Hunting and Fishing Proclamation
April 1998

I. DISCUSSION: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61. Proposed changes to the Statewide Hunting and Fishing Proclamation are a result of legislative action by the Seventy-fifth Texas Legislature, proposals advanced by staff, and suggestions from the public. Changes advanced by staff are based upon scientific investigation and are required findings of fact. The proposed changes implement statutory mandates, increase recreational opportunity, simplify regulatory activity, promote enforcement, and provide for the sound biological management of the wildlife resources of the state. The Regulations Committee, at its January 1998 meeting, authorized staff to publish the proposed 1998-1999 Statewide Hunting and Fishing Proclamation in the Texas Register for public comment. The proposed proclamation appeared in the March 13, 1998, issue of the Texas Register (23 TexReg 2733). A summary of public comment on the proposed proclamation will be available to the Commission at the time of the hearing.

II. RECOMMENDATION: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts the 1998-1999 Statewide Hunting and Fishing Proclamation, located at Exhibit A, with changes to the proposal as published in the March 13, 1998, issue of the Texas Register (23 TexReg 2733)."

Attachments - 2

1. Exhibit A - Proposed 1998-1999 Statewide Hunting and Fishing Proclamation
2. Exhibit B - Fiscal Note

(Attachment B available upon request.)


Commission Agenda Item No. 3
Exhibit A

1998-1999 Statewide Hunting and Fishing Proclamation
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §§65.33, 65.50, and 65.52, amendments to §§65.3, 65.9-65.11, 65.24, 65.26, 65.28, 65.31, 65.42, 65.46, 65.54, 65.71, and 65.72; and new §65.30, concerning the Statewide Hunting and Fishing Proclamation.

The amendment to §65.3, concerning Definitions, removes the crossbow from the definition of lawful archery equipment, although the crossbow remains a legal means; adds a definition of antler point; replaces the word 'handicapped' with the word 'disability'; and numbers the definitions to conform with the style sheet of the Texas Register. The amendment to §65.9, concerning Open Seasons: General Rules, rewords subsections (a)-(c) for clarification, eliminates subsection (d), which conflicts with provisions of the Parks and Wildlife Code, and eliminates provisions made redundant by the passage of House Bill 2542, Acts of the 75th Texas Legislature. The amendment to §65.10, concerning Possession of Wildlife Resources, alters subsection (a) to make reference 'permanent residence' rather than 'final destination,' which is no longer defined. Additional changes to the provisions of §65.10 may be proposed in a future rulemaking. The department is conducting a series of public meetings to solicit public comment on the possible modification or elimination of the tagging requirements of Parks and Wildlife Code, Chapter 42. The amendment to §65.11, concerning Means and Methods, adds clarifying language to specify lawful methods and deletes provisions applicable to falconry that are being moved to another subchapter. The amendment to §65.24, concerning Permits, adds desert bighorn sheep to the list of game animals to which the provisions of the section apply. The amendment to §65.26, concerning Managed Lands Deer Permits, adds provisions for including mule deer in certain aspects of the regulation. The amendment to §65.28, concerning Landowner Assisted Management Permit System (LAMPS), adds language to clarify that all tagging requirements imposed as a condition of license privilege still apply. New §65.30, concerning Desert Bighorn Sheep Permits, specifies the special requirements for persons hunting desert bighorn sheep. The amendment to §65.31, concerning Antlerless Mule Deer Permits, rewords subsection (b) to eliminate confusion. The amendment to §65.42, concerning Deer: eliminates the LAMPS program in eight counties along the upper-central Gulf coast; initiates a 16-day white-tailed deer season in two Panhandle counties; doubles the number of doe days in five deep East Texas counties and moves the doe day period from the beginning of the season to either side of Thanksgiving; creates a special requirement for the take of buck deer in four south-central counties; allows spike bucks to be taken during the special late season, the muzzleloader season, and on properties in the Managed Lands Deer Program; and opens a mule deer season in a portion of Andrews County. The change to §65.46, concerning Squirrel, lengthens the season in 51 counties in East Texas. The amendment to §65.54, concerning Game Birds, adds a reference to provisions for hunting by means of falconry that are contained in the Raptor Proclamation. The amendment to §65.71, concerning Reservoir Boundaries, adds clarifying language to the boundary description of Lake O'the Pines and a boundary description for Lake Pat Mayse. The amendment to §65.72, concerning Fish, makes crossbows a lawful means for taking nongame fish; eliminates the minimum length limits for largemouth bass on Lakes Ray Roberts and Madisonville and replaces them with slot limits; modifies slot limits for largemouth bass on Lakes Fork and Monticello; corrects an inaccurate reference to a roadway serving as a regulatory boundary below Lake Livingston; implements special bag requirements for hybrid striped bass and white bass on Lake Pat Mayse and Lake O'the Pines; implements new bag restrictions for catfish on Tankersley Reservoir; clarifies that hair or feathers may be lawfully used on flies for use in certain parts of the Guadalupe River; implements a prohibition on juglines, throwlines, and trotlines on Tankersley Reservoir; places Bell Street Lake under the provisions applicable to community fishing lakes; and implements new size limits for vermilion snapper.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed rules are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the proposed rules.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the repeals, amendments and new rule as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be the dispensation of the agency's statutory duty to protect and conserve the wildlife 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.

(B) There will be no effect on small businesses. There are no additional economic costs to persons required to comply with the rules as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) 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.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Robert Macdonald (Wildlife (512) 389-4775), Ken Kurzawski (Inland Fisheries 389-4591), Paul Hammerschmidt (Coastal Fisheries 389-4650), David Sinclair (Wildlife Enforcement 389-4854), or Dennis Johnston (Aquatic Enforcement 389-4628), Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or 1-800-792-1112.

5. Statutory Authority.

The repeals, amendment, and new section are proposed under the authority of Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), and Chapter 67, which provide the Commission with authority to establish wildlife resource regulations for this state.

The repeal affects Parks and Wildlife Code, Chapter 61.

§65.33. Elk Permits.

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

William D. Harvey, Ph.D.

Regulatory Coordinator

Texas Parks and Wildlife Department

1-800-792-1112, extension 4642 or 512-389-4642

The amendments and new section are proposed under the authority of Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), and Chapter 67, which provide the Commission with authority to establish wildlife resource regulations for this state.

The amendments and new section affect Parks and Wildlife Code, Chapters 49 and 61.

General Provisions

§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) Agent - A person authorized by a landowner to act on behalf of the landowner. For the purposes of this chapter, the use of the term 'landowner' also includes the landowner's agent.

(2) Annual bag limit - The quantity of a species of a wildlife resource that may be taken from September 1 of one year to August 31 of the following year.

(3) Antlerless deer - A deer having no hardened antler protruding through the skin.

(4) Antler point - a projection on a deer antler that is at least one inch long, with the length exceeding the width at one inch or more of length.

(5) Artificial lure - Any lure (including flies) with hook or hooks attached that is man-made and is used as a bait while fishing.

(6) Bait - Something used to lure any wildlife resource.

(7) Baited area - Any area where minerals, vegetative material or any other food substances are placed so as to lure a wildlife resource to, on, or over that area.

(8) Bearded hen - A female turkey possessing a clearly visible beard protruding through the feathers of the breast.

(9) Buck deer - A deer having a hardened antler protruding through the skin.

(10) Cast net - A net which can be hand-thrown over an area.

(11) Coastal waters boundary - All public waters east and south of the following boundary are considered coastal waters: Beginning at the International Toll Bridge in Brownsville, thence northward along U.S. Highway 77 to the junction of Paredes Lines Road (F.M. Road 1847) in Brownsville, thence northward along F.M. Road 1847 to the junction of F.M. Road 106 east of Rio Hondo, thence westward along F.M. Road 106 to the junction of F.M. Road 508 in Rio Hondo, thence northward along F.M. Road 508 to the junction of F.M. Road 1420, thence northward along F.M. Road 1420 to the junction of State Highway 186 east of Raymondville, thence westward along State Highway 186 to the junction of U.S. Highway 77 near Raymondville, thence northward along U.S. Highway 77 to the junction of the Aransas River south of Woodsboro, thence eastward along the south shore of the Aransas River to the junction of the Aransas River Road at the Bonnie View boat ramp; thence northward along the Aransas River Road to the junction of F.M. Road 629; thence northward along F.M. Road 629 to the junction of F.M. Road 136; thence eastward along F.M. Road 136 to the junction of F.M. Road 2678; then northward along F.M. Road 2678 to the junction of F.M. Road 774 in Refugio, thence eastward along F.M. Road 774 to the junction of State Highway 35 south of Tivoli, thence northward along State Highway 35 to the junction of State Highway 185 between Bloomington and Seadrift, thence northwestward along State Highway 185 to the junction of F.M. Road 616 in Bloomington, thence northeastward along F.M. Road 616 to the junction of State Highway 35 east of Blessing, thence southward along State Highway 35 to the junction of F.M. Road 521 north of Palacios, thence northeastward along F.M. Road 521 to the junction of State Highway 36 south of Brazoria, thence southward along State Highway 36 to the junction of F.M. Road 2004, thence northward along F.M. Road 2004 to the junction of Interstate Highway 45 between Dickinson and La Marque, thence northwestward along Interstate Highway 45 to the junction of Interstate Highway 610 in Houston, thence east and northward along Interstate Highway 610 to the junction of Interstate Highway 10 in Houston, thence eastward along Interstate Highway 10 to the junction of State Highway 73 in Winnie, thence eastward along State Highway 73 to the junction of U.S. Highway 287 in Port Arthur, thence northwestward along U.S. Highway 287 to the junction of Interstate Highway 10 in Beaumont, thence eastward along Interstate Highway 10 to the Louisiana State Line. The waters of Spindletop Bayou inland from the concrete dam at Russels Landing on Spindletop Bayou in Jefferson County; public waters north of the dam on Lake Anahuac in Chambers County; the waters of Taylor Bayou and Big Hill Bayou inland from the saltwater locks on Taylor Bayou in Jefferson County; Lakeview City Park Lake, West Guth Park Pond, and Waldron Park Pond in Nueces County; Galveston County Reservoir and Galveston State Park ponds #1-7 in Galveston County; Lake Burke-Crenshaw and Lake Nassau in Harris County; Fort Brown Resaca, Resaca de la Guerra, Resaca de la Palma, Resaca de los Cuates, Resaca de los Fresnos, Resaca Rancho Viejo, and Town Resaca in Cameron County; and Little Chocolate Bayou Park Ponds #1 and #2 in Calhoun County are not considered coastal waters for purposes of this subchapter.

(12) Community fishing lake - All public impoundments 75 acres or smaller located totally within an incorporated city limits or a public park, and all impoundments of any size lying totally within the boundaries of a state park.

(13) Crab line - A baited line with no hook attached.

(14) Daily bag limit - The quantity of a species of a wildlife resource that may be lawfully taken in one day.

(15) Day - A 24-hour period of time that begins at midnight and ends at midnight.

(16) Dip net - A mesh bag suspended from a frame attached to a handle.

(17) Final destination for all wildlife resources - The permanent residence of a person possessing or receiving a wildlife resource or part of a wildlife resource; or a cold storage/processing facility, after the carcass of a wildlife resource has been finally processed.

(18) Fish -

(A) Game fish - Blue catfish, blue marlin, broadbill swordfish, brown trout, channel catfish, cobia, crappie (black and white), flathead catfish, Guadalupe bass, king mackerel, largemouth bass, longbill spearfish, pickerel, red drum, rainbow trout, sailfish, sauger, sharks, smallmouth bass, snook, Spanish mackerel, spotted bass, spotted seatrout, striped bass, tarpon, wahoo, walleye, white bass, white marlin, yellow bass, and hybrids or subspecies of the species listed in this subparagraph.

(B) Non-game fish - All species not listed as game fish, except endangered and threatened fish, which are defined and regulated under separate proclamations.

(19) Fishing - Taking or attempting to take aquatic animal life by any means.

(20) Fish length - That straight-line measurement (while the fish is lying on its side) from the tip of the snout (jaw closed) to the extreme tip of the tail when the tail is squeezed together or rotated to produce the maximum overall length.

(21) Fish species names - The names of fishes are those prescribed by the American Fisheries Society in the most recent edition of "A List of Common and Scientific Names of Fishes of The United States and Canada."

(22) Fully automatic firearm - Any firearm that is capable of firing more than one cartridge in succession by a single function of the trigger.

(23) Gaff - Any hand-held pole with a hook attached directly to the pole.

(24) Gear tag - A tag constructed of material as durable as the device to which it is attached. The gear tag must be legible, contain the name and address of the person using the device, and, except for saltwater trotlines, the date the device was set out.

(25) Gig - Any hand-held shaft with single or multiple points.

(26) Jug line - A fishing line with five or less hooks tied to a free-floating device.

(27) Lawful archery equipment - longbow, recurved bow, and compound bow[, and crossbow].

(28) License year - The period of time for which an annual hunting or fishing license is valid.

(29) Muzzleloader - Any firearm that is loaded only through the muzzle.

(30) Natural bait - A whole or cut-up portion of a fish or shellfish or a whole or cut-up portion of plant material in its natural state, provided that none of these may be altered beyond cutting into portions.

(31) Permanent residence - One's principal or ordinary home or dwelling place. This does not include a temporary abode or dwelling such as a hunting/fishing club, or any club house, cabin, tent, or trailer house used as a hunting/fishing club, or any hotel, motel, or rooming house used during a hunting, fishing, pleasure, or business trip.

(32) Pole and line - A line with hook, attached to a pole. This gear includes rod and reel.

(33) Possession limit - The maximum number of a wildlife resource that may be lawfully possessed at one time.

(34) Purse seine (net) - A net with flotation on the corkline adequate to support the net in open water without touching bottom, with a rope or wire cable strung through rings attached along the bottom edge to close the bottom of the net.

(35) Sail line - A type of trotline with one end of the main line fixed on the shore, the other end of the main line attached to a wind-powered floating device or sail.

(36) Sand Pump - A self-contained, hand-held, hand-operated suction device used to remove and capture Callianassid ghost shrimp (Callichirus islagrande, formerly Callianassa islagrande) from their burrows.

(37) Seine - A section of non-metallic mesh webbing, the top edge buoyed upwards by a floatline and the bottom edge weighted.

(38) Silencer or sound-suppressing device - Any device that reduces the normal noise level created when the firearm is discharged or fired.

(39) Spear - Any shaft with single or multiple points, barbed or barbless, which may be propelled by any means, but does not include arrows.

(40) Spear gun - Any hand-operated device designed and used for propelling a spear, but does not include the crossbow.

(41) Spike-buck deer - A buck deer with no antler having a fork or branching point.

(42) Throwline - A fishing line with five or less hooks and with one end attached to a permanent fixture. Components of a throwline may also include swivels, snaps, rubber and rigid support structures.

(43) Trap - A rigid device of various designs and dimensions used to entrap aquatic life.

(44) Trawl - A bag-shaped net which is dragged along the bottom or through the water to catch aquatic life.

(45) Trotline - A nonmetallic main fishing line with more than five hooks attached and with each end attached to a fixture.

(46) Umbrella net - A non-metallic mesh net that is suspended horizontally in the water by multiple lines attached to a rigid frame.

(47) Upper-limb handicap - a permanent loss of the use of fingers, hand or arm in a manner that renders a person incapable of using a longbow, compound bow or recurved bow.

(48) Wildlife resources - All game animals, game birds, and aquatic animal life.

(49) Wounded deer - A deer leaving a blood trail.

§65.9. Open Seasons: General Rules.

(a) There is no open season on game animals or game birds on public roads and highways, the right-of-way of public roads and highways; or in any state-owned riverbed in Dimmit, Uvalde, and Zavala counties.

(b) [Seasons for game animals and game birds are closed during the hours between 1/2-hour after sunset and 1/2-hour before sunrise.]

[(c)] No antlerless deer permit is required to take [possess] an antlerless deer [taken] during the archery-only open season, except on lands for which Managed Lands Deer permits have been issued.

[(d) Every game bird or game animal wounded by hunting and reduced to possession by the hunter must be killed immediately and become a part of the daily or annual bag limit.]

(c)[(e)] The hunting of roosting turkey is unlawful.

65.10. Possession of Wildlife Resources.

(a) For all wildlife resources taken for personal consumption and for which there is a possession limit (except migratory birds), the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed [its final destination].

(b) Proof of sex must remain with certain wildlife resources until the wildlife resource reaches its final destination and is finally [fully] processed.

(1) The wildlife resources listed in this subsection may not be lawfully possessed without proof of sex, as follows:

(A) turkey taken in other than an either-sex county: the beard must remain attached to the bird.

(B) deer:

(i) buck: the unskinned head, with antlers still attached;

(ii) antlerless: the unskinned head;

(C) antelope: the unskinned head; and

(D) pheasant: one foot or the entire plumage attached to the carcass.

(2) In lieu of proof of sex, the person who killed the wildlife resource may obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:

(A) the name of person who killed the wildlife resource;

(B) the date the wildlife resource was killed;

(C) one of the following, as applicable:

(i) whether the deer was antlered or antlerless;

(ii) the sex of the antelope;

(iii) the sex of the turkey and whether a beard was attached; or

(iv) the sex of the pheasant.

(c) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource. For deer, turkey, or antelope, a properly executed [The] wildlife resource document shall accompany the wildlife resource until it reaches its final destination. For all other wildlife resources, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence . The document must contain the following information:

(1) the name, signature, address, and hunting or fishing license number, as required, of the person who killed or caught the wildlife resource;

(2) the name of the person receiving the wildlife resource;

(3) a description of the wildlife resource (number and type of species or parts);

(4) the date the wildlife resource was killed or caught; and

(5) the location where the wildlife resource was killed or caught (name of ranch; area; lake, bay or stream; and county).

(d) It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possess a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged.

§65.11. Lawful Means [and Methods]. It is unlawful to hunt [or fish for] any of the wildlife resources of this state except by the means [and methods] authorized by this section and as provided in §65.19 of this title (relating to Hunting Deer with Dogs) [chapter].

(1) Firearms.

(A) It is lawful to hunt game animals and game birds with any legal firearm, including muzzleloading weapons, except as specifically restricted in this section [chapter].

(B) Special muzzleloader-only antlerless deer seasons are restricted to muzzleloading firearms only.

(C) It is unlawful to use rimfire ammunition to hunt deer, antelope, or desert bighorn sheep[, and elk or aoudad sheep (in counties where elk or aoudad sheep are game animals)].

(D) It is unlawful to hunt game animals or game birds with a fully automatic firearm or any firearm equipped with a silencer or sound-suppressing device.

(2) Archery.

(A) A person may hunt by means of longbow, compound bow, or recurved bow during any open season except a special muzzleloader-only antlerless deer season or spring Eastern turkey season.

(B) Arrows that are treated with poisons or drugs, or that contain explosives are not lawful devices for hunting any species of wildlife resource in this state.

(C) While hunting turkey and all game animals other than squirrels by means of longbow, compound bow, or recurved bow:

(i) the bow must have a minimum peak draw weight of 40 pounds at the time of hunting; and

(ii) the arrow must be equipped with a broadhead hunting point at least 7/8-inch in width upon impact, with a minimum of two cutting edges. A mechanical broadhead must begin to open upon impact and when open must be a minimum of 7/8-inch in width.

(D) It is unlawful to hunt deer or turkey with a broadhead hunting point while in possession of a firearm during an archery-only season.

(E) Special archery-only seasons are restricted to lawful archery equipment only, except as provided in paragraph (3) of this section.

(3) Crossbow. Crossbows are lawful during any general open season except Eastern turkey seasons. A person having an upper-limb disability [handicap] may use a crossbow to hunt deer and turkey during an archery-only season, provided the person has in their immediate possession a physician's statement certifying the extent of the disability. When hunting turkey and all game animals other than squirrels by means of crossbow:

(A) the crossbow must have a minimum of 125 pounds of pull;

(B) the crossbow must have a mechanical safety;

(C) the crossbow stock must be not less than 25 inches in length; and

(D) the bolt must conform with paragraphs (2)(B) and (2)(C)(ii) of this section.

(4) Falconry.

[(A)] It is lawful to hunt any game bird or game animal by means of falconry under the provisions of Subchapter K of this chapter (relating to Raptor Proclamation) [, but the hunting is limited to persons holding valid permits issued by the department].

[(B) It is lawful to hunt game birds other than migratory game birds during the period from September 1 to March 1 of each year. Other wildlife resources may be hunted only during the regular open seasons as provided in this chapter.]

[(C) The daily bag limit for game birds (except migratory game birds) is one, either sex, per raptor, and the possession limit is two, either sex, per raptor. The daily bag and possession limits for other wildlife resources are as provided under the regular seasons, bag, and possession limits for those resources.]

(5) Special Provision. Except as provided in this paragraph, no motorized conveyance of any type shall be used to locate, herd, harass, or hunt desert bighorn sheep. Any person who qualifies for handicapped parking privileges under Transportation Code, Chapter 681 may possess a loaded firearm in or on a motor vehicle while hunting desert bighorn sheep and may hunt desert bighorn sheep from a motor vehicle, provided the motor vehicle is not in motion and the engine is not running.

§65.24. Permits.

(a) Permits shall be issued only to the landowner.

(b) No person may hunt white-tailed deer, mule deer, desert bighorn sheep, or antelope[, or elk] when permits are required unless that person has received from the landowner and has in possession a valid permit issued by the department.

(c) When permits are required to hunt or possess the wildlife resources listed in subsection (b) of this section, it is unlawful to:

(1) use a permit more than once;

(2) use a permit on a tract of land other than the tract for which the permit was issued;

(3) falsify or fail to fully complete any information required by a permit application; or

(4) possess the wildlife resource without attaching a valid, properly executed permit, which shall remain attached until the wildlife resource reaches its final destination.

(d) No state-issued permit is required to hunt antlerless white-tailed deer on a National Wildlife Refuge.

§65.26. Managed Lands Deer (MLD) Permits.

(a) MLD permits may be issued only to a landowner who has a current WMP in accordance with §65.25 of this title (relating to Wildlife Management Plan) that specifies a harvest quota of buck and/or antlerless white-tailed deer or antlerless mule deer.

(b) An applicant may request the issuance of permits for antlerless-only[, buck-only,] or both-sex harvest quotas.

(c) The number of MLD permits distributed to a hunter shall be at the discretion of the landowner.

(d) Except for deer taken under an Antlerless and Spike-Buck Control Permit, all deer harvested on a property where MLD permits have been issued must be tagged with the appropriate MLD permit as specified in the WMP.

(e) On all tracts of land for which both MLD buck permits and MLD antlerless permits have been issued for the harvest of white-tailed deer, and on properties for which the WMP specifies a harvest quota of zero for either sex:

(1) the bag limit shall be five white-tailed deer, no more than three bucks, regardless of the county bag limit;

(2) a hunter shall [may] use an [any] appropriate white-tailed deer tag from [on] his or her hunting license, [regardless of the bag limit in the county,] provided the hunter also possesses an appropriate MLD permit for each deer taken; and

(3)[(2)] the landowner may allow the hunting of antlerless and/or spike-buck white-tailed deer for 14 consecutive days beginning the day immediately following the last day of the general open season.

(f) If a landowner in possession of MLD permits does not wish to abide by the harvest quota specified by the WMP, the landowner must return all MLD permits to the department by opening day of that year's special archery season.

(g) The department reserves the right to deny further issuance of MLD permits to a landowner who exceeds the harvest quota specified by the WMP or who does not otherwise abide by the WMP.

(h) MLD permits shall not be bartered, purchased, or sold.

§65.28. Landowner Assisted Management Permit System (LAMPS).

(a) A LAMPS recommendation specifies the number of antlerless deer to be harvested from a specific tract of land and is derived from acreage, habitat, population, and harvest data supplied by the landowner as specified by the department.

(b) The minimum contiguous acreage necessary for eligibility in the LAMPS program shall be determined on a county-by-county basis according to population trends and habitat.

(c) No LAMPS antlerless deer permit is required for a deer legally killed with lawful archery equipment during the archery-only open season.

(d) All deer harvested on a tract of land for which LAMPS permits have been issued shall be tagged with the appropriate white-tailed deer tag from the hunting license of the person taking the deer.

§65.30. Desert Bighorn Sheep Permits.

(a) No person may hunt desert bighorn sheep without first attending an orientation conducted by the department during the year for which the permit is issued.

(b) Any person hunting desert bighorn sheep shall notify the department between 14 and 21 days prior to the date of the hunt to arrange for the tagging required by subsection (c) of this section.

(c) Any person taking a desert bighorn sheep shall, within 72 hours of taking the sheep, ensure that the sheep is permanently tagged in one horn by a lawful representative of the department.

§65.31. Antlerless Mule Deer Permits.

(a) At the request of a landowner, the department may, based on evaluations of habitat and population, issue antlerless mule deer hunting permits for a specific tract of land.

(b) No antlerless mule deer hunting permit is required for mule deer killed during an [the] archery-only open season in a county for which the bag limit during an archery-only season is [, when bag limits are] designated as either sex.

[§65.33. Elk Permits. At the request of a landowner, the department may, based on evaluations of habitat and population, issue elk hunting permits for any specific tract of land in Brewster, Culberson, Dallam, Deaf Smith, El Paso, Hartley, Hudspeth, Jeff Davis, Moore, Oldham, Pecos, Potter, Presidio, Reeves, and Terrell counties.]

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

William D. Harvey, Ph.D.

Regulatory Coordinator

Texas Parks and Wildlife Department

1-800-792-1112, extension 4642 or 512-389-4642

The repeals and amendments are proposed under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

The repeals affect Parks and Wildlife Code, Chapter 61.

§65.50. Elk: Open seasons and annual bag limits.

§65.52. Aoudad Sheep: Open seasons and annual bag limits.

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

William D. Harvey, Ph.D.

Regulatory Coordinator

Texas Parks and Wildlife Department

1-800-792-1112, extension 4642 or 512-389-4642

The amendments are proposed under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

The amendments affect Parks and Wildlife Code, Chapters 49 and 61.

Seasons and Bag Limits-Hunting Provisions

§65.42. Deer.

(a) Except as provided in §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits), no person may exceed the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck).

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

(1) In Bandera, Bexar, Blanco, Brewster, Brown, Burnet, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Culberson, Edwards, Gillespie, Glasscock, Hays (west of Interstate 35), Howard, Irion, Jeff Davis, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Real, Reeves, Runnels, San Saba, Schleicher, Sterling, Sutton, Terrell, Tom Green, Travis (west of Interstate 35), Upton (that southeastern portion located both south of U.S. Highway 67 and east of State Highway 349), Uvalde (north of U.S. Highway 90), and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239) counties, there is a general open season.

(A) Open season: first Saturday in November through the first Sunday in January.

(B) Bag limit: four deer, no more than two bucks.

(2) In Aransas, Atascosa, Bee, Calhoun, Cameron, Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr, and Willacy counties, there is a general open season.

(A) Open season: second Saturday in November through the third Sunday in January.

(B) Bag limit: four deer, no more than two bucks.

(C) Special Late General [Late Antlerless-Only] Season. In the counties listed in this paragraph there is a special late general [late antlerless-only] season for the take of antlerless and spike-buck deer only .

(i) Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(ii) Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(3) In Brooks, Dimmit, Duval, Frio, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Maverick, McMullen, Medina (south of U.S. Highway 90), Uvalde (south of U.S. Highway 90), Val Verde (that southeastern portion located both south of U.S. Highway 90 and east of Spur 239), Webb, Zapata, and Zavala counties, there is a general open season.

(A) Open season: Second Saturday in November through the third Sunday in January.

(B) Bag limit: five deer, no more than three bucks.

(C) Special Late General [Late Antlerless-Only] Season. In the counties listed in this paragraph there is a special late general [late antlerless-only] season for the take of antlerless and spike-buck deer only.

(i) Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(ii) Bag limit: five antlerless or spike-buck deer in the aggregate, no more than three of which may be spike bucks.

(4) No person may take or attempt to take more than one buck deer per license year from the counties, in the aggregate, listed within this paragraph, except as authorized under the provisions of §65.26 of this title (relating to Managed Land Deer Permits).

(A) In Bell (west of Interstate 35), Bosque, Callahan, Comanche, Coryell, Eastland, Erath, Grayson (Hagerman National Wildlife Refuge only), Hamilton, Hood, Jack, Lampasas, McLennan, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35), and Young counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(B) In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris, Jackson (south of U.S. Highway 59), Matagorda, Victoria (south of U.S. Highway 59), and Wharton (south of U.S. Highway 59) counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first 23 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD [or LAMPS] permits have been issued for the tract of land. If MLD [or LAMPS] permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 23 days, antlerless deer may be taken only by MLD antlerless permits [or LAMPS permits].

(C) In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Haskell, Hemphill, Hutchinson, Jones, Kent, King, Knox, Lipscomb, Motley, Ochiltree, Randall, Roberts, Scurry, Stonewall, Swisher, Wheeler, Wichita, and Wilbarger counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first six days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. After the first six days, antlerless deer may be taken only by MLD antlerless permits.

(D) In Archer, Baylor, Clay, Cooke, Denton, Hill, Johnson, Montague, Tarrant, and Wise counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first nine days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. After the first nine days, antlerless deer may be taken only by MLD antlerless permits.

(E) In Anderson, Bowie, Brazos, Burleson, Camp, Cass, Cherokee, Delta, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hopkins, Houston, Lamar, Leon, Limestone, Madison, Marion, Morris, Navarro, Red River, Robertson, Rusk, San Jacinto, Smith, Titus, Trinity, Upshur, Van Zandt, Walker, and Wood counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits or LAMPS permits.

(iv) Special Requirement: In that portion of Henderson County bounded on the north by the county line, on the east by U.S. Highway 175 and Tin Can Alley Road, on the south by State Highway 31, and on the west by State Highway 274, hunting of deer is restricted to shotguns with buckshot, longbow, compound bow, recurved bow, or crossbow. Other game animals or game birds may be taken only with shotgun, longbow, compound bow, recurved bow, or crossbow.

(F) In Dallam, Hartley, Moore, Oldham, [and] Potter, and Sherman counties, there is a general open season.

(i) Open season: Saturday before Thanksgiving for 16 consecutive days.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits.

(G) In Nacogdoches, Panola, Sabine, San Augustine and Shelby counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) From Thanksgiving Day through the Sunday immediately following Thanksgiving Day, [During the first two days of the general season,] antlerless deer may be taken without antlerless deer permits unless MLD or LAMPS permits have been issued for the tract of land. If MLD or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. From the first Saturday in November through Thanksgiving Day, and from the Sunday immediately following Thanksgiving Day through the first Sunday in January, [After the first two days,] antlerless deer may be taken only by MLD antlerless deer permits or LAMPS permits. On National Forest, Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits.

(H) In Austin, Bastrop, Bell (east of Interstate 35), Caldwell, Colorado, Comal (east of Interstate 35), Crane, DeWitt, Ector, Ellis, Falls, Fannin, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of Interstate 35), Hunt, Jackson (north of U.S. Highway 59), Karnes, Kaufman, Lavaca, Lee, Loving, Midland, Milam, Rains, Travis (east of Interstate 35), Upton (that portion located north of U.S. Highway 67; and that area located both south of U.S. Highway 67 and west of state highway 349), Victoria (north of U.S. Highway 59), Waller, Ward, Washington, Wharton (north of U.S. Highway 59), Williamson (east of Interstate 35), and Wilson counties, there is a general open season.

(i) Open season: first Saturday in November through the first Sunday in January.

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits.

(iv) Special Requirement: In Austin, Colorado, Fayette, and Lavaca counties, the take of buck deer is limited to bucks having at least eight antler points and spike bucks having at least one antler of at least four inches in length.

(5) In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, and Tyler counties, there is a general open season.

(A) Open season: first Saturday in November through the first Sunday in January.

(B) Bag limit: four [three] deer, no more than two bucks and no more than two antlerless.

(C) During the first 23 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD or LAMPS permits have been issued for the tract of land. If MLD or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 23 days, antlerless deer may be taken only by MLD antlerless permits or LAMPS permits. On National Forest, Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits.

(6) In Andrews, Bailey, Castro, Cochran, Collin, [Dallam,] Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Grayson (except on the Hagerman National Wildlife Refuge), Hale, Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, [Sherman,]Terry, Winkler, and Yoakum counties, there is no general open season.

(7) Archery-only open seasons. In all counties where there is a general open season for white-tailed deer, and in Grayson County, there is an archery-only open season during which either sex of white-tailed deer may be taken as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

(A) Open season: the Saturday closest to September 30 for 30 consecutive days.

(B) Bag limit: Except for Grayson County, the bag limit in any given county is as provided for that county during the general open season. In Grayson County, the bag limit is three deer, no more than one buck and no more than two antlerless.

(8) Muzzleloader-only open seasons, and bag and possession limits shall be as follows.

(A) In Bandera, Bexar, Blanco, Brewster, Brown, Burnet, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Culberson, Edwards, Gillespie, Glasscock, Hays (west of Interstate 35), Howard, Irion, Jeff Davis, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, Medina (north of U.S. Highway 90), Menard, McCulloch, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Real, Reeves, Runnels, San Saba, Schleicher, Sterling, Sutton, Terrell, Tom Green, Travis (west of Interstate 35), Upton (that portion located both south of U.S. Highway 67 and east of state highway 349), Uvalde (north of U.S. Highway 90), and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. Highway 90 and west of Spur 239) counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

(B) Open Season: from the first Saturday following the closing of the general open season for nine consecutive days.

(C) Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(9) Special Youth-Only Season.

(A) There shall be a special youth-only general hunting season in all counties where there is a general open season.

(i) open season: the Saturday and Sunday immediately preceding the first Saturday in November.

(ii) bag limits, provisions for the take of antlerless deer, and special requirements: as specified for the first two days of the general season in the individual counties in paragraphs (1)-(6) of this subsection.

(B) Only licensed hunters 16 years of age or younger may hunt during the season established by this subsection.

(c) Mule deer. The open seasons and annual bag limits for mule deer shall be as follows.

(1) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hutchinson, Kent, King, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Stonewall, and Swisher counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for 16 consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(2) In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, there is a general open season.

(A) Open season: last Saturday in November for 16 consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(3) In Andrews (west of U.S. Highway 385), Bailey, Hockley, Lamb, Terry, and Yoakum counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for five consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(4) In all other counties, there is no general open season for mule deer.

(5) Archery-only open seasons and bag and possession limits shall be as follows. During an archery-only open season, deer may be taken only as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

(A) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Stonewall, Swisher, Upton, Val Verde, Ward, and Winkler counties, there is an open season.

(i) Open season: from the Saturday closest to September 30 for 30 consecutive days.

(ii) Bag limit: one buck deer.

(B) In Brewster, Pecos, and Terrell counties, there is an open season.

(i) Open season: from the Saturday closest to September 30 for 30 consecutive days.

(ii) Bag limit: two deer, no more than one buck.

(C) In all other counties, there is no archery-only open season for mule deer.

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

(a) In Brazos, Burleson, Collin, Dallas, Ellis, Falls, Grayson, Grimes, Kaufman, Madison, Milam, and Rockwall counties, there is an open season from September 1 through August 31.

(1) Daily bag limit: 10 squirrels.

(2) Possession limit: 20 squirrels.

(b) In Anderson, Angelina, Bowie, Camp, Cass, Chambers, Cherokee, Delta, Fannin, Franklin, Freestone, Galveston, Gregg, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Jefferson, Lamar, Leon, Liberty, Limestone, Marion, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, and Wood counties, there is a general open season for squirrel.

(1) Open season: May 1 - May 31 and October 1 through the first Sunday in February [- January 15].

(2) Daily bag limit: 10 squirrels.

(3) Possession limit: 20 squirrels.

(c) 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.

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

[§65.50. Elk: Open seasons and annual bag limits.]

[§65.52. Aoudad Sheep: Open seasons and annual bag limits.]

§65.54. Game Birds: Open Seasons and Bag Limits. Except as provided in Subchapter K of this chapter (relating to Raptor Proclamation, it [It] is unlawful to hunt a game bird at any time other than during the open seasons provided in this chapter, or to take more than the daily bag limits, or to have in possession a game bird taken at any time other than during the open seasons. On the first day of any open season the possession limit is the same as the daily bag limit.

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

William D. Harvey, Ph.D.

Regulatory Coordinator

Texas Parks and Wildlife Department

1-800-792-1112, extension 4642 or 512-389-4642

The amendments are proposed under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

The amendments affect Parks and Wildlife Code, Chapter 61.

§65.71. Reservoir Boundaries. Reservoir boundaries for daily bag, possession, and length limits.

(1) Buchanan Reservoir in Burnet, Lampasas, Llano and San Saba counties comprises all impounded waters of the Colorado River from Lake Buchanan dam upstream to the U.S. Highway 190 bridge.

(2) Caddo Lake in Marion and Harrison counties comprises all impounded waters of Big Cypress Bayou from the Texas-Louisiana border upstream to the State Highway 43 bridge.

(3) Canyon Reservoir in Comal County comprises all impounded waters of the Guadalupe River from the Canyon dam upstream to the U.S. Highway 281 bridge.

(4) Cooper Lake in Delta and Hopkins counties comprises all waters within the Corps of Engineers lands on Cooper Lake upstream from State Highway 19/154 and downstream from F.M. Road 71.

(5) Gibbons Creek Reservoir in Grimes County comprises all waters within the Texas Municipal Power Agency property boundaries.

(6) Inks Lake in Burnet and Llano counties comprises all impounded waters of the Colorado River from the Roy Inks dam (Inks Lake dam) upstream to the Lake Buchanan dam.

(7) Lake Conroe in Montgomery and Walker counties comprises all impounded waters of the West Fork of the San Jacinto River from the Lake Conroe dam upstream to F.M. Road 1791 bridge.

(8) Lake Georgetown in Williamson County comprises all impounded waters of the North Fork of the San Gabriel River from the Lake Georgetown dam upstream to U.S. Highway 183 bridge.

(9) Lake Limestone in Leon, Limestone, and Robertson counties comprises all impounded waters of the Navasota River from the Lake Limestone dam upstream to the Fort Parker State Park Lake dam.

(10) Lake Livingston in Leon, Houston, Madison, Polk, San Jacinto, Trinity, and Walker counties comprises all impounded waters of the Trinity River from the Lake Livingston dam upstream to the lock and dam near State Highway 7.

(11) Lake Lyndon B. Johnson in Burnet and Llano counties comprises all impounded waters of the Colorado River from the Alvin Wirtz Dam (Lake Lyndon B. Johnson dam) upstream to the Roy Inks dam (Inks Lake dam) including the Llano River upstream to the State Highway 16 bridge and Sandy Creek upstream to the State Highway 71 bridge.

(12) Lake Marble Falls in Burnet County comprises all impounded waters of the Colorado River from the Max Starcke dam (Lake Marble Falls dam) upstream to the Alvin Wirtz dam (Lake Lyndon B. Johnson dam).

(13) Lake O'the Pines in Camp, Marion, Morris, and Upshur counties comprises all impounded waters of Big Cypress Creek from Ferrell's Bridge dam (the Lake O'the Pines dam) upstream to U.S. Highway 259 bridge and Big Cypress Creek from Ferrell's Bridge dam downstream to Ferrell’s Bridge crossing.

(14) Lake Palestine in Anderson, Cherokee, Henderson, Smith, and Van Zandt counties comprises all impounded waters of the Neches River from the Blackburn Crossing dam (the Lake Palestine dam) upstream to F.M. Road 279 bridge including Kickapoo and Flat Creeks in Henderson County.

(15) Lake Pat Mayse in Lamar County comprises all impounded waters of Sanders Creek from Pat Mayse Lake Dam upstream to County Road 35610 and Sanders Creek from Pat Mayse Lake Dam downstream to F.M. Road 197.

(16)[(15)] Lake Somerville in Burleson, Lee, Milam, and Washington counties comprises all impounded waters of Yegua, East Yegua, and Middle Yegua Creeks upstream from the Lake Somerville dam.

(17)[(16)] Lake Travis in Burnet and Travis counties comprises all impounded waters of the Colorado River from the Mansfield dam (Lake Travis dam) upstream to the Max Starcke dam (Lake Marble Falls dam) including the Pedernales River upstream to the Hammetts Crossing-Hamilton Pool Road bridge.

(18)[(17)] Purtis Creek State Park Lake in Henderson and Van Zandt counties comprises all waters within the Purtis Creek State Park boundaries.

§65.72. Fish.

(a) General rules.

(1) There are no public waters closed to the taking and retaining of fish, except as provided in this subchapter.

(2) Game fish may be taken only by pole and line, except as provided in this subchapter.

(3) It is unlawful:

(A) to take or attempt to take, or possess fish within a protected length limit, in greater numbers, by other means, or at any time or place, other than as permitted under this subchapter;

(B) while fishing on or in public waters to have in possession fish in excess of the daily bag limit or fish within a protected length limit as established for those waters;

(C) to use game fish or any part thereof as bait;

(D) to possess a finfish of any species, except broadbill swordfish, shark or king mackerel, taken from public water that has the head or tail removed until such person finally lands the catch on the mainland, a peninsula, or barrier island not including jetties or piers and does not transport the catch by boat;

(E) to use airboats or jet-driven devices to pursue and harass or harry fish; or

(F) to release into the public waters of this state a fish with a device or substance implanted or attached that is designed, constructed or adapted to produce an audible, visual, or electronic signal used to monitor, track, follow, or in any manner aid in the location of the released fish.

(4) Finfish tags: Prohibited Acts.

(A) No person may purchase or use more finfish (red drum or tarpon) tags during a license year than the number and type authorized by the commission, excluding duplicate tags issued under Parks and Wildlife Code, §46.006.

(B) It is unlawful to:

(i) use the same finfish tag for the purpose of tagging more than one finfish;

(ii) use a finfish tag in the name of another person;

(iii) use a tag on a finfish for which another tag is specifically required;

(iv) catch and retain a finfish required to be tagged and fail to immediately attach and secure a tag, with the day and month of catch cut out, to the finfish at the narrowest part of the finfish tail, just ahead of the tail fin;

(v) have in possession both a Red Drum Tag and a Duplicate Red Drum Tag issued to the same license or salt water stamp holder;

(vi) have in possession both a Red Drum Tag or a Duplicate Red Drum Tag and a Bonus Red Drum Tag issued to the same license or salt water stamp holder;

(vii) have in possession both an Exempt Red Drum Tag and a Duplicate Exempt Red Drum Tag issued to the same license holder; or

(viii) have in possession both an Exempt Red Drum Tag or a Duplicate Exempt Red Drum Tag and a Bonus Red Drum Tag issued to the same holder.

(5) Commercial fishing seasons.

(A) The commercial seasons for finfish species listed in this paragraph and caught in Texas waters shall run concurrently with commercial seasons established for the same species caught in federal waters of the Exclusive Economic Zone (EEZ).

(B) The commercial fishing season in the EEZ will be set by the National Marine Fisheries Service for:

(i) red snapper under guidelines established by the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico; and

(ii) king mackerel under guidelines established by the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic.

(C) When federal and/or state waters are closed, it will be unlawful to:

(i) purchase, barter, trade or sell finfish species listed in this paragraph landed in this state;

(ii) transfer at sea finfish species listed in this paragraph caught or possessed in the waters of this state; and

(iii) possess finfish species listed in this paragraph in excess of the current recreational bag or possession limit in or on the waters of this state.

(b) Bag, possession, and length limits.

(1) The possession limit does not apply to fish in the possession of or stored by a person who has an invoice or sales ticket showing the name and address of the seller, number of fish by species, date of the sale, and other information required on a sales ticket or invoice.

(2) There are no bag, possession, or length limits on game or non-game fish, except as provided in these rules.

(A) Possession limits are twice the daily bag limit on game and non-game fish except as provided in these rules.

(B) Statewide daily bag and length limits shall be as follows:

Species Daily Bag Minimum Length (Inches) Maximum Length (Inches)
Amberjack, greater. 1 32 No limit
Bass: Largemouth, smallmouth, spotted and Guadalupe bass. 5 (in any combination)    
Largemouth and Smallmouth bass.   14 No limit
Spotted and Guadalupe bass.   12 No limit
Bass, striped, its hybrids, and subspecies. 5 (in any combination) 18 No limit
Bass, white 25 10 No limit
Catfish: channel and blue catfish, their hybrids, and subspecies. 25 (in any combination) 12 No limit
Catfish, flathead. 5 18 No limit
Catfish, gafftopsail. No limit 14 No limit
Cobia. 2 37 No limit
Crappie: white and black crappie, their hybrids, and subspecies. 25 (in any combination) 10 No limit
Drum, black. 5 14 30
Drum, red. 3* 20 28*
*Special Regulation: During a license year, one red drum over the stated maximum length limit may be retained when affixed with a properly executed Red Drum Tag, a properly executed Exempt Red Drum Tag or with a properly executed Duplicate Exempt Red Drum Tag and one red drum over the stated maximum length limit may be retained when affixed with a properly executed Bonus Red Drum Tag. Any fish retained under authority of a Red Drum Tag, an Exempt Red Drum Tag, a Duplicate Exempt Red Drum Tag, or a Bonus Red Drum Tag may be retained in addition to the daily bag and possession limit as stated in this section.
Flounder: all species, their hybrids, and subspecies. 10* 14 No limit
*Special Regulation: The daily bag and possession limit for the holder of a valid Commercial Finfish Fisherman's license is 60 flounder, except on board a licensed commercial shrimp boat.
Jewfish. 0    
Mackerel, king. 2 23 No limit
Mackerel, Spanish. 7 14 No limit
Marlin, blue. No limit 114 No limit
Marlin, white. No limit 81 No limit
Mullet: all species, their hybrids, and subspecies. No limit No limit *
*Special regulation: During the period October through January, no mullet more than 12 inches in length may be taken from public waters or possessed on board a vessel.
Sailfish No limit 76 No limit
Saugeye 3 18 No limit
Seatrout, spotted. 10 15 No limit
Shark: all species, their hybrids, and subspecies. 5 (in any combination) No limit No limit
Sheepshead. 5 12 No limit
Snapper, lane. No limit 8 No limit
Snapper, red. 5 15 No limit
Snapper, vermilion. No limit 10 No limit
Snook. 1 24 28
Tarpon. 0   Catch and release only*.
*Special Regulation: One tarpon 80 inches in length or larger may be retained during a license year when affixed with a properly executed Tarpon Tag.
Trout: rainbow and brown trout, their hybrids, and subspecies. 5 (in any combination) No limit No limit
Walleye. 5 16 No limit

(C) Exceptions to statewide daily bag, possession, and length limits shall be as follows:

(i) The following is a figure:

Location (County) Daily Bag Minimum Length (Inches) Special Regulation
Bass: largemouth, smallmouth, spotted and Guadalupe bass, their hybrids, and subspecies.      
Lake Texoma (Cooke and Grayson) 5 (in any combination) 14  
In all waters in the Lost Maples State Natural Area (Bandera) 0 No Limit Catch and release only.
Bass: largemouth and smallmouth      
Lake Toledo Bend (Newton, Sabine and Shelby). 8 (in any combination) 14 Possession Limit is 10.
Bass: largemouth.      
Lakes Brownwood (Brown), Coleman (Coleman), Conroe (Montgomery and Walker), Fort Phantom Hill (Jones), Granbury (Hood), Lost Creek (Jack), Champion Creek (Mitchell), and Ratcliff (Houston). 5 16  
Lakes Fairfield (Freestone), San Augustine City (San Augustine), Calaveras (Bexar), O.H. Ivie (Coleman, Concho, and Runnels), Bright (Williamson), Cooper (Delta and Hopkins), Alan Henry (Garza), Aquilla (Hill), Bellwood (Smith), Casa Blanca (Webb), Old Mount Pleasant City (Titus), Rusk State Park (Cherokee), Welsh (Titus), Braunig (Bexar), Bryan (Brazos), and Gilmer (Upshur). 5 18  
Nelson Park Lake (Taylor) and Buck Lake (Kimble). 0 No Limit Catch and release and only.
Purtis Creek State Park Lake (Henderson and Van Zandt), Gibbons Creek Reservoir (Grimes), and Raven (Walker). 0 No Limit Catch and release only except that any bass 22 inches or greater in length may be retained in a live well or other aerated holding device and immediately transported to the Purtis Creek or Huntsville State Park, or Gibbons Creek weigh stations. After weighing, the bass must be released immediately back into the lake or donated to the ShareLunker Program.
Lakes Pinkston (Shelby), Waxahachie (Ellis), Bridgeport (Jack and Wise), Weatherford (Parker), Georgetown (Williamson), Tyler State Park (Smith), Striker (Rusk), Caddo (Marion and Harrison), Burke-Crenshaw (Harris), Grapevine (Denton and Tarrant), Davy Crockett (Fannin) , and Madisonville (Madison). 5 14-18 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 18 inches in length.
Lakes Bastrop (Bastrop), Houston County (Houston), Nacogdoches (Nacogdoches), Mill Creek (Van Zandt), Joe Pool (Dallas, Ellis, and Tarrant), Walter E. Long (Travis), Timpson (Shelby), and Athens (Henderson). 5 14-21 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 21 inches in length. No more than 1 bass 21 inches or greater in length may be retained each day.
Lakes Fayette County (Fayette), Monticello (Titus), and Ray Roberts (Cooke, Denton, and Grayson). 5 14-24 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.
Lake Fork (Wood, Rains and Hopkins) 5 14-22 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 22 inches in length. No more than 1 bass 22 inches or greater in length may be retained each day. During the period from September 1, 1999 through August 31, 2000, the upper limit of the slot will be 23 inches. Beginning September 1, 2000, the upper limit of the slot will be 24 inches.
Bass: smallmouth.      
Lakes O. H. Ivie (Coleman, Concho, and Runnels), Belton (Bell and Coryell), Cisco (Eastland), Greenbelt (Donley), Oak Creek (Coke), Stillhouse Hollow (Bell), White River (Crosby), Whitney (Bosque, Hill and Johnson), Alan Henry (Garza), and Devil’s River (Val Verde) from State Highway 163 bridge crossing near Juno downstream to Dolan Falls. 3 18  
Lake Meredith (Hutchinson, Moore, and Potter). 3 12-15 Inch Slot Limit It is unlawful to retain smallmouth bass between 12 and 15 inches in length.
Bass: spotted      
Lake Alan Henry (Garza) 3 18  
Lake Toledo Bend (Newton, Sabine and Shelby). 8 12 Possession Limit is 10.
Bass: striped, its hybrids, and subspecies.      
Lake Toledo Bend (Newton, Sabine and Shelby). 5 No Limit No more than 2 striped bass 30 inches or greater in length may be retained each day.
Lake Texoma (Cooke and Grayson). 10 (in any combination) No Limit No more than 2 striped or hybrid striped bass 20 inches or greater in length may be retained each day. Striped or hybrid striped bass caught and placed on a stringer, in a live well or any other holding device become part of the daily bag limit and may not be released. Possession limit is 10.
Red River (Grayson) from Denison Dam downstream to and including Shawnee Creek (Grayson). 5 (in any combination) No Limit Striped bass caught and placed on a stringer, in a live well or any other holding device become part of the daily bag limit and may not be released.
Trinity River (Polk and San Jacinto) from the Lake Livingston dam downstream to the F.M. Road 3278 bridge. 2 (in any combination) 18  
Bass: striped and white bass, their hybrids, and subspecies.      
Lake Pat Mayse (Lamar) and Lake O’the Pines (Camp, Marion, Morris, and Upshur) 25 (in any combination) 10 No more than 5 striped, white, or hybrid striped bass 18 inches or greater in length may be retained each day.
Bass: white      
Lakes Conroe, Livingston, Limestone, Palestine, Somerville, Buchanan, Canyon, Georgetown, Inks, Lyndon B. Johnson, Marble Falls, and Travis. 25 12  
Lakes Texoma (Cooke and Grayson) and Toledo Bend (Newton, Sabine, and Shelby). 25 No Limit  
Catfish: blue.      
Lakes E. V. Spence (Coke) and Fort Phantom Hill (Jones) 5 18  
Catfish: channel and blue catfish, their hybrids, and subspecies.      
Lake Livingston (Polk, San Jacinto, Trinity, and Walker). 50 (in any combination) 12 Possession limit is 50. The holder of a commercial fishing license may not retain channel or blue catfish less than 14 inches in length.
Trinity River (Polk and San Jacinto) from the Lake Livingston dam downstream to the F.M. Road 3278 bridge. 10 (in any combination) 12 No more than 2 channel or blue catfish 24 inches or greater in length may be retained each day.
Lake Texoma (Cooke and Grayson). 15 (in any combination) 12  
Community fishing lakes, Bellwood (Smith), Dixieland (Cameron), and Tankersley (Titus). 5 (in any combination) 12  
Catfish: flathead      
Lake Texoma (Cooke and Grayson) and the Red River (Grayson) from Denison Dam to and including Shawnee Creek (Grayson). 5 20  
Crappie: black and white crappie, their hybrids and subspecies.      
Lake Toledo Bend (Newton, Sabine, and Shelby). 50 (in any combination) 10 Possession limit is 50. From December 1, through the last day in February, there is no minimum length limit. All crappie caught during this period must be retained.
Lake Fork (Wood, Rains, and Hopkins) and Lake O’The Pines (Camp, Harrison, Marion, Morris, and Upshur). 25 (in any combination) 10 From December 1, through the last day in February, there is no minimum length limit. All crappie caught during this period must be retained.
Lake Texoma (Cooke and Grayson). 37 (in any combination) 10 Possession limit is 50.
Drum, red.      
Lakes Braunig and Calaveras (Bexar), Colorado City (Mitchell), Fairfield (Freestone), Nasworthy (Tom Green), and Tradinghouse Creek (McLennan). 3 20 No maximum length limit.
Shad: gizzard and threadfin shad.      
The Trinity River below Lake Livingston between Polk and San Jacinto Counties. 500 (in any combination) No Limit Possession Limit 1,000 in any combination.
Sunfish: Bluegill, redear, green, warmouth, and longear sunfish, their hybrids and subspecies.      
Purtis Creek State Park Lake (Henderson and Van Zandt). 25 (in any combination) 7  
Trout: Rainbow and brown trout, their hybrids, and subspecies.      
Guadalupe River (Comal) from the second bridge crossing on the River Road upstream to the easternmost bridge crossing on F.M. Road 306. 1 18  
Walleye.      
Lake Texoma (Cooke and Grayson). 5 18  

(ii) Bag and possession limits for black drum and sheepshead do not apply to the holder of a valid Commercial Finfish Fisherman's License.

(c) Devices, means and methods.

(1) In fresh water only, it is unlawful to fish with more than 100 hooks on all devices combined.

(2) In community fishing lakes and in sections of rivers lying totally within the boundaries of state parks, game and non-game fish may be taken by pole and line only.

(3) It is unlawful to take, attempt to take, or possess fish caught in public waters of this state by any device, means, or method other than as authorized in this subsection.

(4) In salt water only, it is unlawful to fish with any device that is marked with a buoy made of a plastic bottle(s) of any color or size.

(5) Device restrictions.

(A) Cast net. It is unlawful to use a cast net exceeding 14 feet in diameter.

(i) Only non-game fish may be taken with a cast net.

(ii) In salt water, non-game fish may be taken for bait purposes only.

(B) Dip net.

(i) It is unlawful to use a dip net except:

(I) to aid in the landing of fish caught on other legal devices; and

(II) to take non-game fish.

(ii) In salt water, non-game fish may be taken for bait purposes only.

(C) Gaff.

(i) It is unlawful to use a gaff except to aid in landing fish caught by other legal devices, means or methods.

(ii) Fish landed with a gaff may not be below the minimum, above the maximum, or within a protected length limit.

(D) Gig. Only non-game fish may be taken with a gig.

(E) Jugline. For use in fresh water only. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a jugline. It is unlawful to use a jugline:

(i) with invalid gear tags. Gear tags must be attached within six inches of the free-floating device, are valid for 30 days after the date set out, and must include the number of the permit to sell non-game fish taken from freshwater, if applicable;

(ii) for commercial purposes that is not marked with an orange free-floating device;

(iii) for non-commercial purposes that is not marked with a white free-floating device;

(iv) in Lake Bastrop in Bastrop County, [Bell Street Lake in Tom Green County,] Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Dixieland Reservoir in Cameron County, [and] Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(F) Lawful archery equipment. Only non-game fish may be taken with lawful archery equipment or crossbow.

(G) Minnow trap. For use in fresh water only

(i) Only non-game fish may be taken with a minnow trap.

(ii) It is unlawful to use a minnow trap that exceeds 24 inches in length or with a throat larger than one by three inches.

(H) Perch traps. For use in salt water only.

(i) Perch traps may be used only for taking non-game fish.

(ii) Perch traps may not exceed 18 cubic feet.

(iii) Perch traps must be marked with floating visible orange buoy not less than six inches in height and six inches in width. The buoy must have a gear tag attached. Gear tags are valid for 30 days after date set out.

(I) Pole and line.

(i) Game and non-game fish may be taken by pole and line. It is unlawful to take or attempt to take fish with one or more hooks attached to a line or artificial lure used in a manner to foul-hook a fish (snagging or jerking). A fish is foul-hooked when caught by a hook in an area other than the fish's mouth.

(ii) Game and non-game fish may be taken by pole and line, except that in the Guadalupe River in Comal County from the second bridge crossing on River Road upstream to the easternmost bridge crossing on F.M. Road 306, rainbow and brown trout may not be retained when taken by any method except artificial lures. Artificial lures cannot contain or have attached either whole or portions, living or dead, of organisms such as fish, crayfish, insects (grubs, larvae, or adults), or worms, or any other animal or vegetable material, or synthetic scented materials. This does not prohibit the use of artificial lures that contain components of hair or feathers. It is an offense to possess rainbow and brown trout while fishing with any other device in that part of the Guadalupe River defined in this paragraph.

(J) Purse seine (net).

(i) Purse seines may be used only for taking menhaden, only from that portion of the Gulf of Mexico within the jurisdiction of this state extending from one-half mile offshore to nine nautical miles offshore, and only during the period of time beginning the third Monday in April through the first day in November each year.

(ii) Purse seines used for taking menhaden may not be used within one mile of any jetty or pass.

(iii) The purse seine, not including the bag, shall not be less than three-fourths inch square mesh.

(K) Sail line. For use in salt water only.

(i) Non-game fish, red drum, spotted seatrout, and sharks may be taken with a sail line.

(ii) Line length shall not exceed 1,800 feet from the reel to the sail.

(iii) The sail and most shoreward float must be a highly visible orange or red color.

(iv) No float on the line may be more than 200 feet from the sail.

(v) A weight of not less than one ounce shall be attached to the line not less than four feet or more than six feet shoreward of the last shoreward float.

(vi) Reflectors of not less than two square inches shall be affixed to the sail and floats and shall be visible from all directions for sail lines operated from 30 minutes after sunset to 30 minutes before sunrise.

(vii) There is no hook spacing requirement for sail lines.

(viii) No more than one sail line may be used per fisherman.

(ix) Sail lines may not be used by the holder of a commercial fishing license.

(x) Sail lines must be attended at all times the line is fishing.

(xi) Sail lines may not have more than 30 hooks and no hook may be placed more than 200 feet from the sail.

(L) Seine.

(i) Only non-game fish may be taken with a seine.

(ii) It is unlawful to use a seine:

(I) which is not manually operated.

(II) with mesh exceeding 1/2-inch square.

(III) that exceeds 20 feet in length.

(iii) In salt water, non-game fish may taken by seine for bait purposes only.

(M) Shad trawl. For use in fresh water only.

(i) Only non-game fish may be taken with a shad trawl.

(ii) It is unlawful to use a shad trawl longer than six feet or with a mouth larger than 36 inches in diameter.

(iii) A shad trawl may be equipped with a funnel or throat and must be towed by boat or by hand.

(N) Spear. Only non-game fish may be taken with a spear.

(O) Spear gun. Only non-game fish may be taken with spear gun.

(P) Throwline. For use in fresh water only.

(i) Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a throwline.

(ii) It is unlawful to use a throwline in Lake Bastrop in Bastrop County, [Bell Street Lake in Tom Green County,] Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Dixieland Reservoir in Cameron County, [and] Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(Q) Trotline.

(i) Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken by trotline.

(ii) It is unlawful to use a trotline:

(I) with a mainline length exceeding 600 feet;

(II) with invalid gear tags. Gear tags must be attached within three feet of the first hook at each end of the trotline and are valid for 30 days after date set out, except on saltwater trotlines, a gear tag is not required to be dated;

(III) with hook interval less than three horizontal feet;

(IV) with metallic stakes; or

(V) with the main fishing line and attached hooks and stagings above the water's surface.

(iii) In fresh water, it is unlawful to use a trotline:

(I) with more than 50 hooks;

(II) in Gibbons Creek Reservoir in Grimes County, Lake Bastrop in Bastrop County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, [Bell Street Lake in Tom Green County, and] Boerne City Park Lake in Kendall County, and Tankersley Reservoir in Titus County.

(iv) In salt water:

(I) it is unlawful to use a trotline:

(-a-) in or on the waters of the Gulf of Mexico within the jurisdiction of this state;

(-b-) from which red drum, sharks or spotted seatrout caught on the trotline are retained or possessed;

(-c-) not marked with yellow flagging attached to stakes or with a yellow floating buoy not less than six inches in height and six inches in width attached to end fixtures. All trotline floats must be yellow.

(-d-) placed closer than 50 feet from any other trotline, or set within 200 feet of the edge of the Intracoastal Waterway or its tributary channels. No trotline may be fished with the main fishing line and attached hooks and stagings above the water's surface;

(-e-) baited with other than natural bait, except sail lines;

(-f-) with hooks other than circle-type hook with point curved in and having a gap (distance from point to shank) of no more than one-half inch, and with the diameter of the circle not less than five-eighths inch. Sail lines are excluded from the restrictions imposed by this clause; or

(-g-) in Aransas County in Little Bay and the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the causeway between Lamar Peninsula and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine-Mile Point, past the town of Rockport to a point at the east end of Talley Island, including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.

(II) No trotline or trotline components, including lines and hooks, but excluding poles, may be left in or on coastal waters between the hours of 1 p.m. on Friday through 1 p.m. on Sunday of each week, except that attended sail lines are excluded from the restrictions imposed by this clause. Under the authority of the Texas Parks and Wildlife Code, §66.206(b), in the event small craft advisories or higher marine weather advisories issued by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines may remain in the water until 6:00 p.m. on Friday. If small craft advisories are in place at 1:00 p.m. on Friday, trotlines may remain in the water until Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday, trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m. on Saturday. When small craft advisories or higher marine weather advisories are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish or any other aquatic life from trotlines during the period that trotline removal requirements are suspended under this provision for adverse weather conditions. For purposes of enforcement, the geographic area customarily covered by marine weather advisories will be delineated by department policy;

(R) Umbrella net.

(i) Only non-game fish may be taken with an umbrella net.

(ii) It is unlawful to use an umbrella net with the area within the frame exceeding 16 square feet.

Issued in Austin, Texas on

William D. Harvey, Ph.D.

Regulatory Coordinator

Texas Parks and Wildlife Department

1-800-792-1112, extension 4642 or 512-389-4642


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