Presenter: Herb Kothmann

Commission Agenda Item No. 4
Action
Amendment to the Public Lands Proclamation
Establishment of an Open Season on Public Lands 1998-1999
Proposed Hunting Activities on State Parks
April 1998

I. Discussion: Parks and Wildlife Code, Chapter 12, Subchapter A, provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Parks and Wildlife Department if the Commission determines that multiple use is the best utilization of the land's resources. Additionally, Chapter 81, Subchapter E of the code provides the Commission with the authority to establish open seasons, and authorizes the Executive Director to determine bag limits, means and methods, and conditions for the taking of wildlife resources on wildlife management and public hunting areas. Chapter 62, Subchapter D, provides authority to the Commission to prescribe seasons, number, size, kind, sex and the means and methods for the taking of any wildlife on state parks.

The Commission is authorized to provide for hunting or fishing on public lands, and may establish open seasons on public hunting lands. The Executive Director may implement by executive order the Commission policy with respect to hunting, fishing, and non-consumptive use on public hunting lands. The proposed amendments to the Public Lands Proclamation are contained in Exhibit A. Staff received permission at the January meeting of the Regulations Committee to publish the proposed regulations in the Texas Register for public comment. The proposed regulations were published in the March 13, 1998, issue of the Texas Register (23 TexReg 2741). Staff will provide a summary of public comment at the time of the hearing. Exhibit B, State Parks Designated for Public Hunting, authorizes hunting activities on the named units of the state park system.

II. Recommendation: The staff recommends the Regulations Committee adopt the following motion:

  1. "The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §65.190, 65.193, and 65.200, concerning the Public Lands Proclamation, with changes to the proposed text as published in the March 13, 1998, issue of the Texas Register (23 TexReg 2741)."
  2. "The Texas Parks and Wildlife Commission authorizes an open season on public hunting lands, to run from September 1, 1998 to August 31, 1999."
  3. "The Texas Parks and Wildlife Commission authorizes the hunting activities designated in Exhibit B to be conducted on the identified units of the state park system."

Attachments - 3

1. Exhibit A - Proposed Amendments to the Public Lands Proclamation
2. Exhibit B - Hunting Activities on Units of the State Park System
3. Exhibit C - Fiscal Note

(Exhibit C is available upon request.)


Commission Agenda Item No. 4
Exhibit A

Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.190, 65.193, and 65.200, concerning Public Lands Proclamation. The amendment to §65.190 adds, deletes, or renames various units of the public hunting system, and provides an access fee for equestrians to areas leased from the U.S. Army Corps of Engineers. The amendment is necessary to maintain a current and accurate list of wildlife management areas and public hunting lands to which the provisions of Subchapter H apply, and to provide additional opportunity for recreational use of public lands. The amendment to §65.193 adds a reference to crossbows, expands the list of species that may be hunted during an extended hunt, and requires an access permit for equestrians on areas leased from the U.S. Army Corps of Engineers. The amendment is necessary to implement provisions of House Bill 2542, Acts of the 75th Texas Legislature and to pursue Commission policy by offering increased hunting and recreational opportunity wherever possible. The amendment to §65.200 deletes the 24-hour limitation on the emplacement of temporary blinds on certain wildlife management areas. The amendment is necessary to standardize the time limits for the emplacement of temporary blinds on all wildlife management areas where they are permitted.

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 fiscal implications to state or local governments as a result of enforcing or administering the proposed amendment.

3. Public Benefit - Cost Note.

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

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be an accurate and current list of public hunting areas and wildlife management areas on which the provisions of Subchapter H apply, increased recreational opportunity for users of the public hunting system, and uniformity in the regulations governing the emplacement of temporary blinds on public lands.

(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 Comments.

Comments on the proposed rules may be submitted to Herb Kothmann, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4770 or 1-800-792-1112.

5. Statutory Authority.

The new sections are proposed under Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish an open season on wildlife management areas and public hunting lands and authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands; Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources; and Chapter 62, Subchapter D, which provides authority, as sound biological management practices warrant, to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife.

The amendments affect Parks and Wildlife Code, Chapter 81, Subchapter E; Chapter 12, Subchapter A; and Chapter 62, Subchapter D.

§65.190. Application.

(a)-(b) (No change.)

(c) On U.S. Army Corps of Engineer Lands designated as public hunting lands (Aquilla, Cooper, [Cypress Creek,] Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs), persons other than hunters and equestrian users are exempt from requirements for an access permit.

(d) (No change.)

(e) Public hunting lands include, but are not limited to, the following:

(1) Alabama Creek WMA (Unit 904);

(2) Alazan Bayou WMA (Unit 747);

(3) Aquilla WMA (Unit 748);

(4) Atkinson Island WMA;

(5) Bannister WMA (Unit 903);

(6) Big Lake Bottom WMA (Unit 733);

(7) Black Gap WMA (Unit 701);

[(8) Blue Elbow Swamp WMA (Unit 712);]

(8)[(9)] Caddo Lake State Park and WMA (Unit 730);

(9)[(10)] Caddo National Grasslands WMA (Unit 901);

(10)[(11)] Candy Abshier WMA;

(11)[(12)] Cedar Creek Islands WMA (includes Big Island, Bird Island, and Telfair Island Units);

(12)[(13)] Chaparral WMA (Unit 700);

[(14) Cleavenger Tract (Unit 617);]

(13)[(15)] Cooper WMA (Unit 731);

(14) D.R. Wintermann WMA;

(15)[(16)] Dam B WMA - includes Angelina-Neches Scientific Area (Unit 707);

(16)[(17)] Designated Units of the Las Palomas WMA;

(17)[(18)] Designated Units of Public Hunting Lands Under Short-Term Lease;

(18)[(19)] Designated Units of the Playa Lakes WMA;

(19)[(20)] Designated Units of the State Park System;

(20)[(21)] Elephant Mountain WMA (Unit 725);

(21)[(22)] Gene Howe WMA (Unit 755) -includes Pat Murphy Unit (Unit 706);

(22)[(23)] Granger WMA (Unit 709);

(23)[(24)] Guadalupe Delta WMA (Unit 729) - includes Mission Lake Unit (720), Guadalupe River Unit (723), Hynes Bay Unit (724), and San Antonio River Unit (760);

(24)[(25)] Gus Engeling WMA (Unit 754);

(25)[(26)] James Daughtrey WMA (Unit 713);

(26)[(27)] J. D. Murphree WMA (Unit 783);

(27)[(28)] Keechi Creek WMA (Unit 726);

(28)[(29)] Kerr WMA (Unit 756);

[(30) Lands Within a Desert Bighorn Sheep Cooperative Unit;]

(29)[(31)] Lower Neches WMA (Unit 728) - includes Old River Unit and Nelda Stark Unit;

(30)[(32)] Mad Island WMA (Unit 729) [- includes Matagorda Peninsula Unit (Unit P150)];

(31) Mason Mountain WMA;

(32)[(33)] Matador WMA (Unit 702);

(33)[(34)] Matagorda Island State Park and WMA (Unit 8134 [722]);

(34)[(35)] M. O. Neasloney WMA;

(35)[(36)] Moore Plantation WMA (Unit 902);

(36)[(37)] North Toledo Bend WMA (Unit 615);

(37)[(38)] Old Sabine Bottom WMA (Unit 732);

(38)[(39)] Old Tunnel WMA;

(39)[(40)] Pat Mayse WMA (Unit 705);

(40)[(41)] Peach Point WMA (Unit 721) -includes Bryan Beach Unit (Unit 8075 [P075]);

(41)[(42)] Ray Roberts WMA (Unit 501);

(42) Redhead Pond WMA;

(43) Richland Creek WMA (Unit 703);

(44) Sam Houston National Forest WMA (Unit 905);

[(45) Sheldon State Park and WMA (Unit 716);]

(45)[(46)] Sierra Diablo WMA (Unit 767);

(46)[(47)] Somerville WMA (Unit 711);

(47)[(48)] Tawakoni WMA (Unit 708);

(48)[(49)] Walter Buck WMA (Unit 757);

(49) Welder Flats WMA;

(50) White Oak Creek WMA (Unit 727); and

(51) Other numbered units of public hunting lands.

§65.193. Access Permit Required and Fees.

(a)-(b) (No change.)

(c) Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.

(1)-(2) (No change.)

(3) The APH permit is required of each person 17 years of age or older who enters the Alabama Creek, Bannister, Caddo, Moore Plantation, or Sam Houston National Forest WMAs and possesses a centerfire or muzzleloading rifle or handgun, a shotgun with shot larger than #4 lead, or lawful archery equipment or crossbow with broadhead hunting point; however, a person 17 years of age or older may enter these units with other legal devices for hunting as defined in this subchapter and take specified legal wildlife resources provided the person possesses a LPU permit.

(4) The permits required under paragraphs (1) - (3) of this subsection are not required for:

(A) persons who enter on United States Forest Service lands designated as a public hunting area (Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs) or any portion of Units 902 and 903 for any purpose other than hunting; [or]

(B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, [Cypress Creek], Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs) designated as public hunting lands for purposes other than hunting or equestrian use; or[.]

(C) persons who enter Caddo Lake State Park and Wildlife Management Area and do not hunt or enter upon the land.

(5)-(6) (No change.)

(d)-(i) (No change.)

(j) The fees for special and regular permits for hunting deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, and alligator are:

(1) standard period [deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, alligator] - $50;

(2) [deer, exotic mammal, alligator -] extended period - $100;

(3)-(4) (No change.)

(k)-(o) (No change.)

§65.200. Construction of Blinds.

(a) The construction of permanent blinds is prohibited.

(b) The use of temporary blinds is permitted only if such structures are not:

(1) nailed to trees;

(2) emplaced longer than 72 hours [(24 hours maximum on the Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs)]; or

(3) otherwise prohibited for the specific activity, area, or time period.

(c) It is an offense for a person to:

(1) fail to remove all introduced materials used in constructing a temporary blind at the conclusion of public use activity;

(2) place a blind within 50 yards of any designated road, designated campsite, or public hunting lands boundary; or

(3) attempt to establish preferential rights to use of a specific location through construction of a temporary blind. A temporary blind shall be equally available to all public users on a first-come-first-served basis.

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


Commission Agenda Item No. 4
Exhibit B

Proposed 1998-99 Public Hunts on State Parks

PARK SPECIES/HUNT TYPE TYPE PERMIT** NO. DRAWN APPROXIMATE HUNT DATES Park Closure
Arroyo Colorado Feral Hog APH-OSR   Dec. 11-13, Jan. 15-17, Feb. 19-21 N
  Deer / GDA special 60 Dec. 1-3, 8-10, 15-17 Y
  Javelina / GJE special 30 Nov. 27-29, Dec. 11-13 N
Big Bend Ranch Exotics / EXO special 16 Jan. 8-11, 22-25, Feb. 5-8, 19-22 N
Big Bend Ranch Quail APH/OSR   Nov. 6-9, 20-23, Dec. 18-21. Jan 15-18 N
Brazos Bend Deer / GDE special 120 Nov. 17-19, Dec. 1-3, 8-10 Y
Brownwood Deer / GDE special 10 Jan . 5-7, 19-21 Y
Brownwood Deer / GDA special 10 Jan. 12-14, 26-28 Y
Bryan Beach Mourning Dove APH   each day of South Zone season N
Bryan Beach Waterfowl: teal and duck APH   each day of the early teal and duck seasons. N
Bryan Beach Waterfowl: goose APH   each day of goose season. N
Bryan Beach Rails, Gallinules & Snipe APH   each day of the open seasons for those species. N
Caddo Lake SP/ WMA All legal species APH   As established by county regulations N
Caprock Canyons Exotics / EXO special 30 Dec. 9-11, Jan. 6-8, 13-15 Y
Choke Canyon - Calliham Unit Deer & Javelina / GDA special 24 Jan. 4-6, 6-8, 11-13, 13-15, 18-20, 20-22 N
Choke Canyon - N. Shore Unit Deer / GDE special 48 Nov. 6-8, 13-15, 20-22, 27-29 N
Colorado Bend Deer / GDE special 60 Dec. 2-4, 9-11, 16-18 Y
Colorado Bend Deer / YDE Youth special 10 Dec. 28-30 Mon-Wed Y
Colorado Bend Deer / GDA special 80 Jan. 6-8, 13-15, 20-22, 27-29 Y
Colorado Bend Feral Hog / GFH special 100 Aug. 16-18, 18-20, 23-25, 25-27 Y
Colorado Bend Turkey / GTS special 16 Apr. 28-30, May 5-7 partial
Davis Mountains Javelina / GJE special 16 Jan. 11-13, 13-15, 18-20, 20-22 partial
Devil's River Deer / ADE special 30 Nov. 7-11 Y
Devil's River Deer / GDA special 20 Nov. 21-23 Y
Devil's River Deer / GDE special 20 Dec. 5-7 Y
Devil's Sinkhole Deer / ADE special 20 Oct. 5-9 Y
Devil's Sinkhole Deer / GDE special 24 Jan. 11-13, 13-15 Y
*Martin Dies Jr. Squirrel Youth regular 40 Dec. 12-13, 19-20 Sat- Sun partial
Dinosaur Valley Deer / GDA special 20 Jan. 11-13, 13-15 Y
Enchanted Rock Deer / GDE special 20 Dec. 7-9, 9-11 Y
Enchanted Rock Deer / GDA special 40 Jan. 4-6, 6-8, 11-13, 13-15 Y
Enchanted Rock Deer / YDE Youth special 10 Dec. 28-30 Mon- Wed Y
Fairfield Lake Deer / GDA special 40 Nov. 30 - Dec. 2, 2-4 Y
Fort Boggy Deer / ADE special 40 Oct. 16-18, 23-25 Y
Fort Boggy Deer / GDA special 60 Dec. 1-3, 8-10, 15-17 Y
Garner Deer / GDE special 15 Dec. 8-10 N
Garner Deer / GDA special 30 Dec. 14-16, 16-18 N
Guadalupe River Deer / GDE special 44 Jan. 4-6, 11-13 Y
Guadalupe River Deer / GDA special 44 Jan. 6-8, 13-15 Y
Hill Country Deer / GDE special 15 Nov. 11-13 Y
Hill Country Deer / GDE special 15 Jan. 13-15 Y
Hill Country Deer / GDA special 60 Nov. 18-20, Dec. 2-4, 9-11, 16-18 Y
Honey Creek Deer / GDE special 20 Jan. 4-6, 11-13 Y
Honey Creek Deer / GDA special 20 Jan. 6-8, 13-15 Y
Honey Creek Deer / YDE Youth special 20 Jan. 2-3, 9-10 Sat-Sun partial
Honey Creek Mourning Dove APH/OSR   Sept. 5-6, 12-13, 19-20, 26-27 partial
Huntsville Deer / GDA special 60 Jan. 4-6, 6-8, 11-13, 13-15 Y
Inks Lake/Longhorn Caverns Deer / GDE special 10 Dec. 9-11 partial
Inks Lake/Longhorn Caverns Deer / GDA special 40 Dec. 16-18, Jan. 6-8, 13-15, 20-22 partial
Inks Lake/Longhorn Caverns Deer / YDE Youth special 10 Dec. 30 - Jan. 1 Tue -Thur partial
Kickapoo Caverns Deer / ADE special 90 Oct. 19-23, 26-30, Nov. 2-6 N
Kickapoo Caverns Deer / GDE special 30 Nov. 9-11 N
Kickapoo Caverns Deer / GDA special 35 Nov. 16-18 N
Kickapoo Caverns Deer / YDE Youth special 25 Nov. 22-24 Sun-Tues N
Lake Houston Deer / YDE Youth special 15 Jan. 2-3 Sat- Sun partial
Lake Houston Deer / GDE special 30 Jan. 4-6, 6-8 partial
Lake Houston Squirrel & rabbit regular   Dec. 14-18 (a.m. only hunts) Y
Lake Mineral Wells Deer / GDE special 20 Dec. 29-31, Jan. 5-7 partial
Lake Mineral Wells Deer / GDA special 20 Jan.12-14, 19-21 partial
Lake Somerville Deer / GDE special 40 Dec. 8-10 N
Lake Somerville Deer / YDE Youth special 40 Dec. 21-22 Mon-Tues N
Lake Whitney Deer / GDA special 20 Jan. 4-6, 6-8 Y
Lost Maples Deer / GDE special 24 Jan. 6-8, 13-15, 20-22 Y
Matagorda Island Deer / GDE special 25 Dec. 4-6 N
Matagorda Island Deer / GDA special 60 Dec. 11-13, 18-20 N
Matagorda Island Feral Hog / GFH special 50 Feb. 5-7, 12-14 N
Matagorda Island Mourning dove regular   Oct. 3-4, 10-11 N
Matagorda Island Waterfowl regular   Oct. 24, 25, 31, Nov. 1, 7, 8, 14, 15, 21, 22, 28, 29, Dec. 26, 27, Jan. 2, 3, 9, 10, 16, 17 N
Mother Neff (prairie area only) Dove APH-OSR   Sept. 1-4, 8-11, 14-18, 21-25, 28 - Oct. 2 partial
Pedernales Falls Deer / GDE special 45 Dec. 1-3, 8-10, 15-17 Y
Pedernales Falls Deer / GDA special 15 Jan. 5-7 Y
Pedernales Falls Deer / YDE Youth special 10 Dec. 29-31, Mon - Wed Y
Possum Kingdom Deer / YDE Youth special 40 Dec. 22-23, 26-27, 28-29, 30-31 partial
Resaca de la Palma Mourning dove, rabbits & hares APH   each day of the mourning dove season. N
Resaca de la Palma White-winged dove APH-OSR   each day of the white-winged season. N
Resaca de la Palma Quail APH   concurrent with dove dates during quail season N
Resaca de la Palma Feral hog APH-OSR   Dec. 11-13, Jan. 15-17, Feb. 19-21 N
San Angelo Dove, rabbit, squirrel, quail & waterfowl APH/OSR   Sept 1-30, Dec. 12- Feb. 28 on season dates open for each species on these dates. N
San Angelo Archery Deer APH/OSR   Oct. 3 - Nov. 1 N
San Angelo Deer / GDA special 100 Nov. 13-15, 20-22 N
San Angelo Deer / GDE special 50 Dec. 4-6 N
San Angelo Turkey / GTS special 40 Apr. 9-11, 23-25 N
Sea Rim Teal Duck regular   each day of the early teal season N
Sea Rim Waterfowl regular   Open on Sun, Wed and Fri of the general duck season, except closed on Dec. 25 & Jan. 1. N
Sea Rim Rail, Gallinule & Snipe regular   concurrent with waterfowl dates during the open seasons for each species. N
South Llano River Exotic / EXO special 10 Sept. 27-28, 29-Oct. 1 Y
Tony Houseman Deer: archery & general seasons APH   Oct. 3 - Nov. 1 and Nov. 7 - Jan. 17 N
Tony Houseman Deer Youth Only Hunt APH   Oct. 31 - Nov. 1 Sat. and Sun. N
Tony Houseman Feral hog APH   concurrent with deer and Jan. 18 - Mar. 14 N
Tony Houseman Waterfowl: teal, duck & goose APH   Open each day of the seasons N
Tony Houseman Quail APH   Oct. 31 - Feb. 28 N
Tony Houseman Mourning dove APH   Open each day of the season N
Tony Houseman Furbearers APH   Open each day of the season N
Tony Houseman Squirrel APH   Open each day of the season N

*Indicates a Park being hunted for the first time

**Types of permits: Special permit -$50 - $100 permit, valid for a 1 - 4 day period, issued to a limited of huntersnumber selected by drawing in advance of the hunt.

Regular permit - a $10 daily permit issued at the hunt area on the day of the hunt on a first come-first served basis with option to limit the number of participants.

Annual Public Hunting (APH) permit - a $40 annual permit which allows the holder to participate in all scheduled hunts conducted under the APH permit; on-site registration (OSR) may be required.


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