Presenter: Vernon Bevill

Commission Agenda Item No. 10
Action
2000-2001 Migratory Game Bird Proclamation
Late Season Provisions
August 2000

I. Discussion: Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within U.S. Fish and Wildlife Service (Service) frameworks is delegated to the Commission under Chapter 64, Subchapter C, Parks and Wildlife Code. Parks and Wildlife Code, §64.022 authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking. Staff received permission from the Regulations Committee at its April 2000 meeting to publish the proposed regulations (located at Exhibit A) in the Texas Register for public comment. The proposed regulations appeared in the April 28, 2000 issue of the Texas Register (25 TexReg 3700 ). Staff has gathered and analyzed public comment, and a summary will be available at the time of the meeting. The U.S. Fish and Wildlife Service (Service) will issue regulatory frameworks for late-season species of migratory game birds in early August, and staff will apprise the commission of their impact upon the department's proposals.

II. Recommendation: Staff recommends that the Texas Parks and Wildlife Department adopt the following motion:

"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.317, 65.318, 65.320, and 65.321, concerning the Migratory Game Bird Proclamation, with changes to the proposed text (located at Exhibit A) as published in the April 28, 2000, issue of the Texas Register (25 TexReg 3700)."

Attachments – 2
1. Exhibit A – Proposed Late-Season Migratory Game Bird Regulations
2. Exhibit B – Fiscal Note (Available upon request)


Commission Agenda Item No. 10
Exhibit A

2000-2001 Migratory Gamebird Proclamation
Late Season Provisions

§65.317. Zones and Boundaries for Late Season Species.

(a) Ducks, mergansers, and coots.

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

(b) Geese.

(1) Western Zone: that portion of Texas lying west of a line from the international toll bridge at Laredo, thence northward following Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line [that portion of Texas lying west of a line from the international toll bridge at Laredo, thence northward following IH 35 and 35W to Fort Worth, thence northwest along U.S. Highways 81 and 287 to Bowie, thence northward along U.S. Highway 81 to the Texas-Oklahoma state line].

(2) Central Zone: that portion of Texas lying within boundaries beginning at the junction of Interstate Highway 35 and the Texas-Oklahoma state line, thence south along Interstate Highway 35 (following Interstate Highway 35 West through Fort Worth) to its junction with Interstate Highway 10 in San Antonio thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line, thence eastward along the Texas-Oklahoma state line to Interstate Highway 35.

(3) [(2)] Eastern Zone: that portion of Texas lying east of a line from the international toll bridge at Laredo, thence northward following IH 35 and 35W to the Texas-Oklahoma state line [the remainder of the state].

§65.318: Open Seasons and Bag and Possession Limits—Late Season. Except as specifically provided in this section, the possession limit for all species listed in this section shall be twice the daily bag limit.

(1) Ducks, mergansers, and coots. The daily bag limit for ducks is six, which may include no more than five mallards or Mexican mallards (Mexican duck), only two of which may be hens, three scaup, one mottled duck, one pintail, two redheads, one canvasback, and two wood ducks. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than one hooded merganser.

(A) High Plains Mallard Management Unit: October 21-24, 2000, and October 28, 2000-January 21, 2001 [October 23-26, 1999 , and October 30, 1999-January 23, 2000].

(B) North Zone: October 28-29, 2000, and November 11, 2000-January 28, 2001 [October 30-31, 1999 , and November 13, 1999-January 23, 2000].

(C) South Zone: October 28-November 26, 2000, and December 9, 2000-January 28, 2001 [October 30-November 28, 1999, and December 11, 1999-January 23, 2000].

(2) Geese.

(A) Western Zone.

(i) Light geese: October 21, 2000-February 4, 2001 [October 30, 1999-February 13, 2000]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese: October 21, 2000-February 4, 2001 [October 30, 1999-February 13, 2000]. The daily bag limit for dark geese is five, which may not include more than one white-fronted goose.

(B) Central Zone.

(i) Light geese: October 28, 2000-February 11, 2001. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese: October 28, 2000-February 11, 2001. The daily bag limit for dark geese is five, which may not include more than one white-fronted goose.

(C)[(B)] Eastern Zone.

(i) Light geese: October 28, 2000-January 21, 2001 [October 30, 1999-February 13, 2000]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese:

(I) White-fronted geese: October 28, 2000-January 21, 2001 [October 30, 1999-January 23, 2000]. The daily bag limit for white-fronted geese is two.

(II) Canada geese and brant: October 28, 2000-January 21, 2001 [October 30, 1999-February 1, 2000]. The daily bag limit is one Canada goose or one brant[, except during the period from January 24-February 1, when the bag limit is three in the aggregate].

(3) Special Youth-Only Season. There shall be a special youth-only duck season during which the hunting, taking, and possession of ducks, mergansers, and coots is restricted to licensed hunters 15 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this chapter (relating to Extended Falconry Season—Late Season Species). Bag and possession limits in any given zone during the season established by this paragraph shall be as provided for that zone by paragraph (1) of this section. Season dates are as follows:

(A) High Plains Mallard Management Unit: October 14, 2000 [October 16, 1999];

(B) North Zone: October 21, 2000 [October 23, 1999]; and

(C) South Zone: October 21, 2000 [October 23, 1999].

§65.320. Extended Falconry Season - Late Season Species. It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons.

(a) Ducks, coots, and mergansers:

(1) High Plains Mallard Management Unit: October 14, 2000 [October 16, 1999]; and

(2) Remainder of the state: October 21, 2000 and January 22-February 6, 2001 [October 23, 1999, and January 24 - February 8, 2000].

(b) The daily bag and possession limits for migratory game birds under this section shall not exceed three and six birds, respectively, singly or in the aggregate.

§65.321. Special Management Provisions. The provisions of paragraphs (1)-(3) of this section apply only to the hunting of light geese. All provisions of this subchapter continue in effect unless specifically provided otherwise in this section; however, where this section conflicts with the provisions of this subchapter, this section prevails.

(1) Means and methods. In addition to the means and methods authorized in §65.310(a) of this title (relating to Means , Methods, and Special Requirements), the following means and methods are lawful during the time periods set forth in paragraph (5) of this section:

(A) shotguns capable of holding more than three shells; and

(B) electronic calling devices.

(2) Possession. During the time periods set forth in paragraph (5) of this section:

(A) there shall be no bag or possession limits; and

(B) the provisions of §65.312 of this title (relating to Possession of Migratory Game Birds) do not apply; and

(C) a person may give, leave, receive, or possess legally taken light geese or their parts, provided the birds are accompanied by a wildlife resource document from the person who killed the birds. The wildlife resource document is not required if the possessor lawfully killed the birds; the birds are transferred at the personal residence of the donor or donee; or the possessor also possesses a valid hunting license, a valid waterfowl stamp, and is HIP certified. The wildlife resource document shall accompany the birds until the birds reach their final destination, and must contain the following information:

(i) the name, signature, address, and hunting license number of the person who killed the birds;

(ii) the name of the person receiving the birds;

(iii) the number and species of birds or parts;

(iv) the date the birds were killed; and

(v) the location where the birds were killed (e.g., name of ranch; area; lake, bay, or stream; county).

(3) Shooting hours. During the time periods set forth in paragraph (5) of this section, shooting hours are from one half-hour before sunrise until one half-hour after sunset.

(4) Early closures. At sunset on January 21, 2001 [31, 1999], the open seasons for the following species of migratory birds are closed until further notice.

(A) sandhill crane: statewide [in Zones B and C];

(B) light geese: in the Western and Eastern Zones [Zone];

(C) ducks, coots, and mergansers (extended falconry season): statewide; and

(D) woodcock (extended falconry season): statewide.

(5) Special Light Goose Conservation Period.

(A) From February January 22, 2001 [February 1, 1999] through April 1, 2001 [21,1999], the take of light geese is lawful in the Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

(B) From February 5, 2001 [15, 1999] through April 1, 2001 [25, 1999], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

(C) From February 12, 2001 through April 1, 2001 the take of light geese is lawful in the Central Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

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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