Presenter: Tim Hogsett

Commission Agenda Item No. 3
Action
1999-2000 Statewide Hunting and Fishing Proclamation
April 1999

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 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 increase recreational opportunity, promote enforcement, and provide for the sound biological management of the wildlife resources of the state. The Regulations Committee at its January 1999 meeting authorized staff to publish the proposed 1999-2000 Statewide Hunting and Fishing Proclamation in the Texas Register for public comment. The proposed proclamation appeared in the March 5, 1999, issue of the Texas Register (24 TexReg 1574). 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 1999-2000 Statewide Hunting and Fishing Proclamation (located at Exhibit A), and an amendment to 31 TAC §53.3, concerning Fees (located at Exhibit B), with changes to the proposal as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1574)."

Attachments - 2

  1. Exhibit A - Proposed 1999-2000 Statewide Hunting and Fishing Proclamation
  2. Exhibit B - Fee for Bonus Deer Tag
  3. Exhibit C - Fiscal Note (Available upon request)

Commission Agenda Item No. 3
Exhibit A

1999-2000 Statewide Hunting and Fishing Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife proposes amendments to §§65.11, 65.26, 65.28, 65.42, 65.46, 65.64, and 65.72, concerning the Statewide Hunting and Fishing Proclamation.

The amendment to §65.11, concerning Lawful Means, modifies the provisions of paragraph (1)(B) to reflect the fact that muzzleloader-only seasons now apply to spike-bucks as well as antlerless deer, and prohibits, with exceptions, the use during archery-only season of devices enabling archery equipment to be kept at full or partial draw. The amendment to §65.26, concerning Managed Lands Deer Permits, adds provisions for the use of bonus tags in conjunction with MLD permits and specifies that the provisions of muzzleloader-only seasons do not apply on properties qualifying for an extended season and enhanced bag limit. The amendment to §65.28, concerning Landowner Assisted Management Permit System, adds provisions for the use of bonus tags in conjunction with LAMPS permits. The amendment to §65.42, concerning Deer: increases the statewide bag limit for white-tailed deer for persons who purchase a bonus tag; specifies the conditions for use of the bonus tag; eliminates ‘doe days’ in Archer, Baylor, Clay, Montague, and Wise counties; expands the number of ‘doe days’ in the counties listed in paragraph (4)(C); alters the opening date of the season in Austin, Blanco, Colorado, Fayette, Gillespie, Llano, Lavaca, and Mason counties; creates a restricted general season in Grayson County; and institutes special regulations for the take of buck deer in Austin, Colorado, Fayette, Lavaca, and Washington counties. The amendment to §65.46, concerning Squirrel, creates a youth-only open season in certain counties. The amendment to §65.64, concerning Turkey, opens new seasons for Eastern turkey in six additional counties. The amendment to §65.72, concerning Fish: establishes a prohibition on the underwater use of hand-operated devices to take fish; modifies the statewide walleye regulations to allow two walleye of less than 16 inches in the daily bag limit; reduces the minimum length for largemouth bass from 16 to 14 inches on Lakes Brownwood, Champion Creek, and Coleman; removes the 14-18 inch length limit on Lakes Striker, Tyler State Park, and Weatherford, which places these lakes under the statewide 14-inch minimum length and 5-fish daily bag limit; imposes a 12-inch minimum length limit for blue catfish and a 25-fish daily bag limit for blue and channel catfish on Fort Phantom Hill and E.V. Spence Reservoirs; creates a 14-21 inch slot limit for largemouth bass on Lake Murvaul while allowing one fish per day over 21 inches to be retained; changes the minimum allowable length limit for temporarily weighing and retaining largemouth bass on Purtis Creek State Park Lake and all water bodies within the boundaries of Purtis Creek State Park, Gibbons Creek Reservoir and all waters within Texas Municipal Power Agency property, and Lake Raven to 21 inches; restricts baitfish use in Brewster, Crane, Crockett, Culberson, Ector, El Paso, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties to common carp, fathead minnows, gizzard and threadfin shad, sunfish (Lepomis), goldfish, and golden shiners; and conforms regulations for king mackerel and red snapper with proposed regulations for federal waters.

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 amendments 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 (Fisheries 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 amendments 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; and under 42.0177, which authorizes the commission to modify or eliminate the tagging requirements of Parks and Wildlife Code, Chapter 42.

The amendments affect Parks and Wildlife Code, Chapter 61.

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

(1) Firearms.

(A) (1) Firearms.

(A) (No change.)

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

(C)-(D) (No change.)

(2) Archery.

(A)-(D) (C)-(D) (No change.)

(E) Special archery-only seasons are restricted to lawful archery equipment only, except as provided in paragraph (3) of this section. It is unlawful for any person to hunt deer or turkey during an archery-only season by means of a bow equipped with any device that allows the bow to be locked at full or partial draw, except for persons who have in their immediate possession a physician's statement certifying that the person has an upper-limb disability.

(3)-(5) (No change.)

§65.26. Managed Lands Deer (MLD) Permits.

(a)-(c) (No change.)

(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 immediately be tagged with the appropriate MLD permit as specified in the WMP and [with] either aneither an [the] appropriate tag from the hunting license of the person who killed the deer or a valid bonus tag.

(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) (No change.)

(2) the provisions of § (2) the provisions of §65.42(b)(7) of this title (relating to Archery-Only Open Season), §, §65.42(b)(8) of this title (relating to Muzzleloader-Only Open Season), and the stamp requirements of Parks and Wildlife Code, Chapter 43, Subchapter I, do not apply; and

(3) (No change.)

(f)-(g) (No change.)

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

(a)-(c) (No change.)

(d) All deer killed (d) All deer killed [harvested] on a tract of land for which LAMPS permits have been issued shall be tagged with a valid LAMPS permit, and either an [the] appropriate white-tailed deer tag from the hunting license of the person who killed [taking] the deer or a valid bonus tagwho killed [taking] the deer or a valid bonus tag.

This agency hereby certifies that rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority.

Issued in Austin, Texas, on

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.

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) or paragraph (11) of this subsection, 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)-(B) (No change.) (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 Blanco, Gillespie, Llano, and Mason counties, there is a general open season.

(A) Open season: the Saturday closest to November 15 through the first Sunday in January.

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

[(2)] (3) [(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. (B) Bag limit: four deer, no more than two bucks.

(C) Special Late General Season. In the counties listed in this paragraph there is a special late general 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: (ii) Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(4) [(3)] (4) [(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 Season. In the counties listed in this paragraph there is a special late general 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.

(5) [(4)] (5) [(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 provided in subsection (a) of this section or authorized under the provisions of §§65.26 of this title (relating to Managed Land Deer Permits).

(A) In Archer, Baylor, (A) In Archer, Baylor, Bell (west of Interstate 35), Bosque, Callahan, Clay,Clay, Comanche, Coryell, Eastland, Erath, Grayson (Hagerman National Wildlife Refuge only), Hamilton, Hood, Jack, Lampasas, McLennan, Montague,Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35), Wise,Wise, 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.

(iii) Special regulation: in Grayson County, lawful means are restricted to lawful archery equipment and crossbows only.

(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 permits have been issued for the tract of land. If MLD 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. (B) (No change.)

(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 16 (iii) During the first 16 [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 1616 [six] days, antlerless deer may be taken only by MLD antlerless permits.

(D) In [Archer, Baylor, Clay,] Cooke, Denton, Hill, Johnson, andand [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, 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, 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 the day before Thanksgiving Day, and from the Monday immediately following Thanksgiving Day through the first Sunday in January, 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. (E)-(G) (No change.)

(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 regulation: in Washington County, the take of buck deer is limited to spike-bucks and bucks having at least ten antler points.

(I) In Austin, Colorado, Fayette, and Lavaca counties, there is an open season.

(i) Open season: the Saturday closest to November 15 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 regulation: in the counties listed in this subparagraph, 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.

(6) [(5)] (6) [(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 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.

(7) [(6)] (7) [(6)] In Andrews, Bailey, Castro, Cochran, Collin, 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, Terry, Winkler, and Yoakum counties, there is no general open season.

(8) [(7)] (8) [(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,] (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)] (9) [(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) Ccounties, 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)] (10) [(9)] Special Youth-Only Season. There shall be a special youth-only general hunting season in all counties where there is a general open season.

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

(B) bag limits, provisions for the take of antlerless deer, and special requirements:

(i) as specified for the first two days of the general season in the individual counties in paragraphs (1)-(6) of this subsection, except as provided in clauseitem (ii) of this subparagraph; and

(ii) in the counties listed in paragraph (4)(G) of this subsection, as specified for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

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

(11) Bonus tag. (11) Bonus tag.

(A) A person in possession of a valid bonus deer tag may take one buck or antlerless white-tailed deer during an open white-tailed deer season in any county, irrespective of the county bag limit, provided that person also possesses one of the following:

(i) an appropriate, valid MLD permit (buck or antlerless);

(ii) a valid LAMPS permit (antlerless only); or

(iii) an appropriate, valid Special Permit (buck or antlerless) issued by the department for a public hunt, in which case the bonus tag is valid only on the wildlife management area or state park specified by the permit and only during the date and time specified on the permit.

(B) No person may:

(i) purchase more than five bonus tags per license year;

(ii) use a bonus tag on more than one animal; or

(iii) buy, sell, or otherwise exchange a bonus tag for remuneration or considerations of any kind; however, a bonus tag may be given to another person.

(C) person who kills a deer shall immediately attach a properly executed bonus tag to the deer.

(c) (No change.) (c) No change.)

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

(a)-(d) (a) (No change.)

(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.

(2) Daily bag limit: 10 squirrels.

(3) Possession limit: 20 squirrels.

(c)-(d) (No change.)

(e) n the counties listed in subsection (b) of this section, there shall be a special youth-only general hunting season during which only licensed hunters 16 years of age or younger may hunt.

(1) open season: the Saturday and Sunday immediately preceding October 1.

(2) bag and possession limits: as specified in subsection (b) of this section.

§65.64. Turkey.

(a)-(b) No change.)

(c)Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Angelina, Bowie, Cass, Cherokee, Delta, Fannin, Grayson Fannin, Grayson, Gregg, Harrison, Hopkins, Jasper, Lamar, Marion, Nacogdoches, Newton, Polk, Polk, Red River, Sabine, San Augustine, San Jacinto, [and] Trinity, San Jacinto, [and] Trinity, Tyler, and Walker Tyler, and Walkercounties there is a spring season.

(1)-(3) (No change.)

(d) (No change.)

(1) pen season: the Monday nearest April 14 for 14 consecutive days.

(2) bag limit: one turkey, gobbler only.

(3) In the counties listed in this subsection:

(A) It is unlawful to hunt turkey by any means other than a shotgun;

(B) It is unlawful for any person to take or attempt to take turkeys by the aid of baiting, or on or over a baited area; and

(C) All turkeys harvested during the open season must be registered at designated check stations within 24 hours of the time of kill. Harvested turkeys may be field dressed but must otherwise remain intact.

(d) In all counties not listed in subsections (b) or (c) of this section, the season is closed for hunting turkey.

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

The amendment is 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 amendment affects Parks and Wildlife Code, Chapter 61.

§65.72. Fish.

(a) General rules.

(1)-(5) No change.)

(6) In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, the only fishes that may be used for bait are common carp, fathead minnows, gizzard and threadfin shad, sunfish (Lepomis), goldfish, and golden shiners.

(b) Bag, possession, and length limits.

(1) (No change.)

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

(A) (No change.)

(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 27 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. 4* 15 No limit
*Special Regulation: The daily bag limit for red snapper is zero for captain and crew who operate a boat for pay or anything of value in accompanying or transporting any person engaged in fishing.
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* No limit No limit
*Special regulation: Two walleye of less than 16 inches may be retained per day.

Figure 1: 31 TAC §65.72(b)(2)(B)(C) (C) Exceptions to statewide daily bag, possession, and length limits shall be as follows:

(i) The following is a figure:

Figure 2: 31 TAC §65.72(b)(2)(C)(i)

(ii) (No change.)

(c) Devices, means and methods.

(1)-(4) (No change.)

(5) Device Restrictions.

(A)-(H) (No change.)

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.      
Conroe (Montgomery and Walker), Fort Phantom Hill (Jones), Granbury (Hood), Lost Creek (Jack), 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 21 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), Georgetown (Williamson), 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), and Murvaul (Panola). 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 16-23 Inch Slot Limit It is unlawful to retain largemouth bass between 16 and 23 inches in length. No more than 1 bass 23 inches or greater in length may be retained each day. 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: 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) (No change.)

(c) Devices, means and methods.

(1)-(4) (No change.)

(5) Device Restrictions.

(A)-(H) (No change.)

(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 nongame fish may be taken by pole and line. It is unlawful to take fish with a hand-operated device held underwater except that a spear gun and spear may be used to take nongame fish.

(iii) [(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)-(R) (No change.)

The Texas Parks and Wildlife Department proposes an amendment to §65.192, concerning the Public Lands Proclamation. The amendment to §65.192 authorizes the executive director to postpone or cancel hunts in response to severe weather and other emergencies. The amendment is necessary to provide a mechanism for delaying or canceling hunts when circumstances make it impractical or dangerous to hold them at their scheduled times.

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

Mr. Macdonald also has determined that for each of the first five years the amendment as proposed is in effect, the public benefit anticipated as a result of enforcing the rule as proposed will be increased recreational opportunity for users of the public hunting system, and the preservation of recreational opportunity by rescheduling postponed hunts.

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

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 rule as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

Comments on the proposed rule 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.

The amendment is 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; 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; and §42.0177, which authorizes the commission to modify or eliminate the tagging requirements of Chapter 42.

The amendment affects Parks and Wildlife Code, Chapter 81, Subchapter E; Chapter 12, Subchapter A; Chapter 62, Subchapter D; and Chapter 42.

§65.192. Powers of the Executive Director.

(a)-(e) (No change.)

(f) The executive director may close public hunting lands to public use to protect sensitive sites, and may cancel hunts or close the seasons on certain areas to avoid depletion of wildlife resources or in response to severe weather or other emergencies.

(g)-(j) (No change.)

The Texas Parks and Wildlife Department proposes the repeal of §69.71 and new §69.71, concerning Memorandum of Understanding (MOU) with the Texas Department of Transportation. The new section adopts by reference the provisions of 43 TAC §2.22, which contains the text of an MOU required by Transportation Code, §201.607. The new rule is necessary to implement the statutory duty of the Texas Department of Transportation and the Texas Parks and Wildlife Department to enter into cooperative agreements for the protection and preservation of the natural environment. The proposed rule will function by codifying procedures providing for Texas Parks and Wildlife Department (TPWD) review of TxDOT projects that have the potential to affect natural resources within the jurisdiction of TPWD.

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

Mr. Macdonald also has determined that for each of the first five years the proposed rule is in effect, the public benefit anticipated as a result of enforcing the repeal as proposed will be multi-agency cooperation in the protection and preservation of wildlife resources and habitat in this state.

There will be no effect on small businesses. There are no economic costs to persons required to comply with the rule as proposed.

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 rule as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

Comments on the proposed rule may be submitted to Roy Frye, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4579 or 1-800-792-1112.

The proposed repeal and new section are proposed under Transportation Code, §201.607, which requires each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources to examine and revise their memorandum of understanding with the Texas Department of Transportation.

The repeal and new rule affect Transportation Code, §201.607.

§69.71. Review of Fish and Wildlife Impacts of Texas Department of Transportation Activities.

The proposed new section is proposed under Transportation Code, §201.607, which requires each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources to examine and revise their memorandum of understanding with the Texas Department of Transportation.

The new rule affects Transportation Code, §201.607.

<new>§69.71. Memorandum of Understanding. The Texas Parks and Wildlife Commission adopts by reference the provisions of 43 TAC §2.22 (relating to Memorandum of Understanding with the Texas Parks and Wildlife Department).

(J)-(R) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on


Commission Agenda Item No. 3
Exhibit B

Bonus Deer Tag Fees
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to 53.3, concerning Other Recreational Hunting and Fishing Licenses, Stamps, and Tags. The amendment creates a new subsection (h) to establish a fee for the purchase of a bonus white-tailed deer tag. The amendment is necessary for the department to recover the cost of administering and enforcing the new tag.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed amendment is in effect, there will be fiscal implications to the department. The department estimates that sales of the bonus deer tag will generate revenues of less than $40,000 per year. There will be no fiscal implications to local governments or other units of state government 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 proposed amendment is in effect:

(A) The public benefit anticipated as a result of enforcing the amendment as proposed will be the direct recovery of the administrative cost of providing the bonus tag from the affected user group.

(B) There will be no effect on small businesses. There are no economic costs to persons required to comply with the amendment as proposed, as the bonus tag is not mandatory.

(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 amendment 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 amendment.

4. Request for Public Comments.

Comments on the proposed repeal may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed under the provisions of Parks and Wildlife Code, Chapter 42, §42.010, which authorizes the commission to establish fees for tags.

The amendment affects Parks and Wildlife Code, Chapter 42.

§53.3. Other Recreational Hunting and Fishing Licenses, Tags, and Permits.

(a)-(g) (No change.)

(h) Bonus white-tailed deer tag (type )— $10.00

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


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