Presenter: tim Hogsett

Commission Agenda Item No. 4
Action
Amendment to the Public Lands Proclamation
Establishment of an Open Season on Public Lands 1999-2000
Proposed Hunting Activities on State Parks
April 1999

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. Chapter 42, §42.0177, authorizes the Commission to modify or eliminate the tagging requirements of Chapter 42.

The Executive Director may establish by executive order the Department policy with respect to hunting, fishing, and non-consumptive use on public hunting lands.

The Regulations Committee at its January 1999 meeting authorized staff to publish the proposed amendment to the 1999-2000 Public Lands Proclamation in the Texas Register for public comment. The proposed amendment appeared in the March 5, 1999, issue of the Texas Register (24 TexReg 1579). A summary of public comment on the proposed proclamation will be available to the Commission at the time of the hearing.

The proposed amendment to the Public Lands Proclamation is located at Exhibit A. Exhibit B, Candidate State Parks for 1999-2000 Public Hunts, names the units of the state park system on which public hunting activities will be conducted during the 1999-2000 season. Exhibit C establishes an open season on public hunting lands to run from September 1, 1999 to August 31, 2000.

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

"1. The Texas Parks and Wildlife Commission adopts an amendment to 31 TAC §65.192, concerning the Public Lands Proclamation, with changes to the proposed text as published in the March 5, 1999, issue of the Texas Register (24 TexReg 1579)."

2. "The Texas Parks and Wildlife Commission authorizes the hunting activities designated in Exhibit B to be conducted on the listed units of the state park system."

3. "The Texas Parks and Wildlife Commission authorizes an open hunting season on public hunting lands to run from September 1, 1999 to August 31, 2000."

Attachments - 3

1. Exhibit A – Proposed Amendment to the Public Lands Proclamation
2. Exhibit B - Hunting Activities on Units of the State Park System
3. Exhibit C - Fiscal Note (Exhibit C - Available upon request)


Commission Agenda Item No. 4
Exhibit A

Proposed Preamble

1. Introduction.

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.

2. Fiscal Note.

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.

3. Public Benefit - Cost Note.

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

(A) 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.

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

4. Request for Public Comments.

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.

5. Statutory Authority.

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 amendments affect 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.)

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. 4
Exhibit B

Candidate State Parks and Hunt Proposals for 1999-2000

PARK SPECIES/HUNT TYPE WEAPON TYPE PERMIT APPROXIMATE HUNT DATES Closure
Arroyo Colorado NEW Deer YOUTH all legal means special Nov. 26-28, Dec. 28-30 N
Arroyo Colorado Feral Hog all legal means special Jan. 13-15, 21-23, 29-31 N
Atlanta Deer all legal means special Nov. 30-Dec. 2, Dec. 7-9, 14-16 Y
Big Bend Ranch NEW Deer all legal means special Nov. 27- Dec. 1 partial
Big Bend Ranch Javelina all legal means special Nov. 16-18, Dec. 7-9, Jan. 11-13 partial
Big Bend Ranch Quail shotgun APH/OSR Nov. 9-11, Dec. 14-16, Jan. 25-27 partial
Brazos Bend Deer archery, shotgun, handgun special Nov. 2-4, 16-18, Dec. 7-9 Y
Brownwood Deer shotgun or muzzleloader special Jan. 4-6, 18-20 Y
Brownwood Deer shotgun or muzzleloader special Jan. 11-13, 25-27 Y
Bryan Beach Mourning Dove shotgun APH each day of South Zone season N
Bryan Beach all other migratory game birds shotgun APH each day of the open seasons for those species. N
Caddo Lake SP/WMA all species APH for all legal speies available on this area N
Caddo Lake SP/WMA Deer gun special Jan. 24-26, 26-28 N
Caprock Canyons NEW Deer gun special Dec. 1-3 Y
Caprock Canyons Exotics all legal means special Dec. 8-10, Jan. 5-7, Jan. 12-14 Y
Choke Canyon - Calliham Unit Deer & Javelina all legal means special Jan. 3-5, 5-7, 10-12, 12-14 partial
Choke Canyon - N. Shore Unit Deer muzzleloader special Nov. 5-7, 12-14, 19-21, 26-28 N
Colorado Bend Deer all legal means special Dec. 1-3, 8-10, 15-17 Y
Colorado Bend Deer all legal means special Jan. 5-7, 12-14, 19-21, 26-28 Y
Colorado Bend Deer Youth all legal means special Dec. 29-31 Y
Colorado Bend Feral Hog archery special Aug. 14-16, 16-18, 21-23, 23-25 Y
Colorado Bend Turkey shotgun special Apr. 26-28, May 3-5 partial
Davis Mountains Javelina archery special Jan. 10-12, 12-14, 17-19, 19-21 partial
Devil's River Deer archery special Oct. 23-27 Y
Devil's River Deer all legal means special Dec. 4-6 Y
Devil's River Deer all legal means special Dec. 11-13 Y
Devil's Sinkhole Deer archery special Oct. 4-8 N/A
Devil's Sinkhole Deer archery/muzzle special Jan. 10-12, 12-14 N/A
Dinosaur Valley Deer muzzleloader special Jan. 10-12, 12-14 partial
Enchanted Rock Deer all legal means special Dec. 6-8, 8-10 Y
Enchanted Rock Deer all legal means special Dec. 29-31, Jan. 3-5, Jan. 5-7, Jan. 10-12, Jan. 12-14 Y
Enchanted Rock Deer Youth all legal means special Dec. 27-29 Y
Fairfield Lake Deer gun special Nov. 29-Dec. 1, Dec. 1-3 Y
Fort Boggy Deer archery special Oct. 15-17, Oct. 22-24 Y
Fort Boggy Deer all legal means special Dec. 7-9, 14-16 Y
Garner Deer all legal means special Dec. 7-9 N
Garner Deer all legal means special Dec. 13-15, 15-17 N
Guadalupe River Deer all legal means special Jan. 3-5, 10-12, 19-21 Y
Guadalupe River Deer all legal means special Jan. 5-7, 12-14 Y
Hill Country NEW Deer archery special Nov. 1-3 Y
Hill Country Deer gun special Jan. 3-5 Y
Hill Country Deer muzzleloader special Jan. 10-12 Y
Hill Country Deer gun special Nov. 8-10, 15-17, 29-Dec. 1, 6-8 Y
Honey Creek Deer all legal means special Jan. 3-5, 10-12 Y
Honey Creek Deer all legal means special Jan. 5-7, 12-14 Y
Honey Creek Deer Youth all legal means special Jan. 8-9, 15-16 Sat-Sun partial
Honey Creek Mourning Dove shotgun APH/OSR Sept. 4-5, 11-12, 18-19, 25-26 partial
Huntsville Deer all legal means special Dec. 29-31, Jan. 3-5, 5-7 Y
Huntsville NEW Deer Youth all legal means special Dec. 27-29 Y
Inks Lake/Longhorn Caverns Deer all legal means special Dec. 8-10 partial
Inks Lake/Longhorn Caverns Deer all legal means special Dec. 15-17, Jan. 5-7, 12-14, 19-21 partial
Inks Lake/Longhorn Caverns Deer Youth all legal means special Dec. 29-31 partial
Kickapoo Caverns Deer archery special Oct. 18-22, 25-29, Nov. 1-5 N
Kickapoo Caverns Deer all legal means special Nov. 8-10 N
Kickapoo Caverns Deer all legal means special Nov. 15-17 N
Kickapoo Caverns Deer Youth all legal means special Nov. 20-21 N
Lake Houston Deer all legal means special Jan. 10-12, 12-14 partial
Lake Houston Deer Youth all legal means special Jan. 8-9 partial
Lake Houston Squirrel & rabbit shotgun regular Dec. 13-17 (a.m. only hunts) Y
Lake Mineral Wells Deer all legal means special Dec. 28-30, Jan. 4-6, 11-13, 18-20 partial
Lake Somerville Deer muzzleloader special Dec. 14-16 partial
Lake Somerville Deer Youth all legal means special Dec. 20-21 Sat-Sun. partial
Lake Whitney Deer muzzleloader special Jan. 3-5, 5-7 Y
Lost Maples Deer muzzleloader special Jan. 5-7, 12-14, 19-21 Y
Martin Dies Jr. Squirrel Youth shotgun regular Dec. 11-12, 18-19 Sat- Sun partial
Matagorda Island SP/WMA Deer all legal means special Dec. 3-5 N
Matagorda Island SP/WMA Deer all legal means special Dec. 10-12, 17-19 N
Matagorda Island SP/WMA Feral Hog all legal means special Jan. 7-9, 14-16 N
Matagorda Island SP/WMA Waterfowl shotgun regular only on Sat. and Sun., a.m. only, during South Zone season for duck and Eastern Zone for Geese N
Mother Neff (prairie area ) Dove shotgun APH Sept. 1-3, 7-10, 13-17, 20-24, 27 - Oct. 1 partial
Pedernales Falls Annex Deer archery special Oct. 7-11, 21-25 Y
Pedernales Falls Annex Deer all legal means special Jan. 6-10, 20-24 Y
Pedernales Falls Annex Deer Youth all legal means special Nov. 25-28, Dec. 23-26 problems Y
Pedernales Falls Deer all legal means special Nov. 30-Dec. 2, Dec. 14-16 Y
Pedernales Falls Deer all legal means special Dec. 21-23, Jan. 4-6, 11-13, 18-20, 25-27 Y
Pedernales Falls Deer Youth all legal means special Dec. 28-29, 30-31 Tues- Fri Y
Possum Kingdom Deer Youth all legal means special Dec. 20-21, 27-28, 29-30 partial
Resaca de la Palma Feral hog any legal means special Jan. 13-15, 21-23, 29-31 N
Resaca de la Palma White-winged dove shotgun APH-OSR each day of the white-winged season. N
Resaca de la Palma Mourning dove shotgun APH each day of the mourning dove season. N
Resaca de la Palma Quail shotgun APH each day of the quail season except closed on GFH hunt days N
Resaca de la Palma Rabbits and Hares shotgun APH concurrent with dove and quail season N
San Angelo Deer all legal means special Dec. 3-5 N
San Angelo Deer all legal means special Nov. 12-14, 19-21 N
San Angelo Turkey shotgun special Apr. 7-9, 21-23 N
San Angelo Archery Deer/Archery Turkey archery APH/OSR Oct. 2-31 N
San Angelo Dove, Rabbit, Squirrel, Quail & Waterfowl shotgun APH/OSR Sept 1-30, Dec. 11- Feb. 29 on season dates open for each species on these dates. N
Sea Rim waterfowl all species shotgun regular concurrent with waterfowl dates during the open seasons for each species. N
Seminole Canyon Deer muzzleloader special Dec. 8-10, 15-17 Y
Seminole Canyon Deer muzzleloader special Dec. 6-8, 13-15 Y
Tony Houseman SP/WMA All legal species all legal means APH during seasons for Orange County N

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