Regulations Committee

Wednesday, 9:00 a.m., Jan. 24, 2001

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approval of the Committee Minutes from the previous meeting.  
  Summary of Minutes  
1. Chairman's Charges (Oral Presentation) Committee Only
2. Exotic Species Rules
Staff: Joedy Gray
8
3. Legislative Regulations Review
Staff: Suzy Whittenton, Walt Dabney, Robert Sweeney
5
4. Statewide Hunting and Fishing Proclamation
Staff: Gary Graham, Paul Hammerschmidt, Phil Durocher
Committee Only
5. Amendments to the Public Lands Proclamation and Proposed
Hunting Activities on State Parks
Staff: Herb Kothmann
Committee Only
6. Seventy-Seventh Legislative Overview
Staff: Joey Park
Committee Only
7. Endangered, Threatened, and Protected Native Plant Regulations
Staff: John Herron
9
8. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Regulations Committee
Nobember 8, 2000

BE IT REMEMBERED that heretofore on the 8th day of JANUARY 2001, there came to be heard matters under the regulatory authority of the Parks and Wildlife Commission of Texas, in the commission hearing room of the Texas Parks and Wildlife Headquarters complex, Austin, Travis County, Texas, beginning at 11:03 a.m., to wit:

I. COMMISSION ATTENDANCE:

Lee M. Bass, Chair
Carol E. Dinkins
Ernest Angelo, Jr.
Alvin L. Henry
Katherine Armstrong Idsal

II. APPROVAL OF MINUTES:

Commissioner Angelo proposed an amendment to the transcript of the August 30, 2000 meeting of the Regulations Committee. Chairman Lee Bass accepted the amendment and entertained a motion by Commissioner Henry to accept the minutes of the meeting. The motion to approve the minutes was seconded by Commissioner Idsal and approved unanimously.

III. THE FOLLOWING ITEMS WERE PRESENTED FOR COMMITTEE ACTION:

1. BRIEFING – CHAIRMAN’S CHARGES

Presenter: Andrew Sansom

Mr. Sansom briefed the Commission on the status of the Chairman’s Charges. As directed by the Commission, Coastal Fisheries staff has submitted to the Chairman a draft outline of a study of the shrimp fishery. Two items on today’s agenda address charges. On the agenda is a presentation on the aquatic vegetation plan as directed by House Bill 3079. Gene McCarty will next brief on the on-going rules review. Finally, staff will publish an amendment to exotic species rules that will come before the Commission’s consideration at the next meeting.

2. ACTION – Rule Review

Presenter – Gene McCarty

The chair recognized Gene McCarty, chief of staff. Mr. McCarty reported on the Agency’s efforts to comply with House Bill 1 of the 75th Legislature and Senate Bill 178 of the 76th Legislature that directed all state agencies to review existing rules no later than 4 years after a rule became final. Staff from numerous divisions has reviewed chapters 51, 52, 55, and 61. Review and amendment of these chapters would result in approximately a 30% reduction in total section count within these areas. So far, we have not received any pubic comments on these rules. Staff proposes to readopt Chapter 51 (Executive) with the following actions: Amend Subchapter A (Petitions for Rulemaking); Repeal Subchapter B (Practices and Procedures for Contested Cases) to eliminate redundancy with existing statutes; Amend Subchapter D (Litigation and Other Legal Action) to allow the Executive director to name a designee when requesting assistance from the Attorney General’s office; and Amend Subchapter G (Closely-related Nongovernmental Organizations) to eliminate then list of entities designated as closely related so that the agency can maintain a list but not require the Commission to approves changes, which are frequent and numerous. Staff also proposes to readopt Chapter 52 (Wildlife and Fisheries), Chapter 55 (Law Enforcement), and Chapter 61 (Design and Construction). Initially, staff had proposed repeal of Subchapter C of Section 51 (easements), but we now have decided to leave that subchapter in place. The amendments to Subchapter A (Petitions for Rulemaking) are the most substantial. Current timelines for addressing petitions for rulemaking are problematic due to the intervals between Commission meetings. Proposed amendments revise the process to insure staff and the Commission within the existing framework of scheduled meetings can review petitions. Future rule review will include: Chapters 53, 59, and 69 in January; Chapter 65 in April; and Chapters 57 and 58 in June. Commissioners had numerous questions on the changes to the rulemaking process. Commissioners were concerned a process be put in place to insure that they have received and expressed their desires for action on petitions. Commissioner Bass suggested a review of any petitions be done at Commission meetings. Staff will investigate how other agencies that have similar meeting schedules handle these types of requests. Commissioner Dinkins moved to pass this item on to the full Commission with suggested amendments. Commissioner Henry seconded the motion with a note it was available for the consent agenda, and the motion passed without opposition.

3. BRIEFING – Statewide Hunting and Fishing Regulations Preview

Presenters – Paul Hammerscmidt, Ken Kurzawski, and Jerry Cooke

The chair recognized Paul Hammerschmidt, program director for the Coastal Fisheries Division. For saltwater angling, staff is investigating increasing the daily bag limit for Spanish mackerel from 7 to 15 fish. These changes would make regulations compatible with those in federal waters. Mr. Hammerschmidt detailed the life history of this species and explained some recent changes in the population that allow mangers to allow increased harvest of this species. These actions are being done in concert with the Gulf of Mexico Fishery Management Council. Additionally, redirection of some harvest to Spanish mackerel should ease pressure on other species such as king mackerel and red snapper. Staff also wishes to clarify that commercial crab traps are required to have a white not yellow float.

Next Phil Durocher, division director for Inland Fisheries, introduced Ken Kurzawski, regulations coordinator for Inland Fisheries to present the regulatory issues concerning freshwater fishing. Possible regulation changes have been reviewed by field and senior staff and have been presented before the Freshwater Fisheries Advisory Board. The first category of proposed changes is to simplify smallmouth bass regulations on seven reservoirs (Belton, Cisco, Greenbelt, Oak Creek, Stillhouse Hollow, White River, and Whitney) by decreasing minimum length restrictions from 18 inches to 14 inches and increasing daily bag limit from three fish to five fish. Next, harvest regulations for largemouth bass on three reservoirs will be modified to improve or maintain fishing quality. The possible changes are: eliminating the 14-inch length limit on Lake Sweetwater and implementing a 14-18 inch slot limit; eliminating minimum length restrictions on O. H. Ivie Reservoir and allowing only two bass of less than 18 inches to be retained per day; and increasing the slot limit from 14-18 to 14-21 inches on Pinkston Reservoir and allowing only two bass of greater than 21 inches to be retained per day. Finally, trotlines, juglines, and throwlines will be prohibited on two reservoirs in Fannin County to help standardize regulations with the U.S. Forest Service that manages the two reservoirs. The goal is to improve catfish angling in these two reservoirs. Staff will continue to gather input on these possible changes.

The chair recognized Gary Graham, director of the Wildlife Division, who in turn introduced Jerry Cooke, Game Branch chief. Mr. Cooke apprised the committee of potential changes to the wildlife portion of the Statewide Hunting and Fishing Proclamation for 2001-2002. Chairman Bass asked how many more counties could ultimately have an Eastern turkey season. Mr. Cooke responded that he thought approximately 10-15 more counties could be added. Commissioner Angelo asked if the populations were static or expanding. Mr. Cooke replied that the data indicated an expanding population. Mr. Cooke continued, noting a proposal to open a javelina season in Archer County and an expansion of the youth-only season for deer and turkey. Chairman Bass asked if the proposal could be adjusted on an as-needed basis. Mr. Cooke responded that it could. Mr. Cooke proceeded to other potential changes, including minor modifications to the period of validity for control permit; a clarification of permit requirements on U.S. Forest Service lands; an expansion of the LAMPS program; an extended special season and an increased antlerless bag limit in 14 counties on the Edwards Plateau; an increased buck bag limit in 13 South Texas counties; and a uniform opening day for deer and fall turkey seasons statewide. Mr. Cooke then introduced Vernon Bevill, game bird program director. Mr. Bevill provided background for the committee on the various issues associated with the 12-bird/70-day dove season versus the 15-bird/60-day dove season, including federal thinking on the issue, statistics on hunter behavior and population dynamics, and the possible options with respect to zone boundaries, season lengths, and split seasons. Chairman Bass asked what the latest possible ending date could be, and whether the public might get confused if different zones had different bag limits. Commissioner Idsal commented that she had received a tremendous number of questions on the issue. Mr. Bevill provided the committee with hunter-preference survey results. Chairman Bass then asked Jerry Cooke about the issue of one-buck counties. Mr. Cooke indicated that Wildlife Division staff were looking at a variety of possibilities with respect to lessening the negative impacts of one-buck county regulations.

4. ACTION – Petition for Rulemaking – Fish Bag and Size Limits on Sabine Lake

Presenter – Robin Riechers

The chair recognized Mr. Robin Riechers, management director for the Coastal Fisheries Division. The department has received a petition for rulemaking proposing that all spotted seatrout, red drum, and flounder landed in Jefferson and Orange Counties comply with Texas size and bag limits. Currently, limits on the Louisiana side of Sabine Lake are different than those in Texas. A Texas angler can legally fish on the Louisiana side of Sabine Lake and catch a limit under Louisiana limits then land the fish in Texas. The petitioners believe this practice is causing both biological and enforcement problems. The department’s creel and population survey data do not indicate any population problems for the affected species. Surveys show resource abundance for all three species has increased since the early 1990’s. The petitioners also expressed a concern about anglers landing fish in the EEZ in great numbers and bringing them back to Texas. This practice is illegal, and we have few indications violations are occurring. Staff does support the conservation spirit of the petition. We recommend that the Commission deny the petition but allow us to continue investigating ways to standardize regulations with Louisiana, gather public input on the issue in that area, and review the resource data. A motion to pass this item on to the full Commission for approval was made by Commissioner Angelo with the note the item was available to be placed on the consent agenda. The motion was seconded by Commissioner Idsal and was passed without opposition.

5. ACTION – Petition for Rulemaking – Quail Season

Presenter – Steve DeMaso

The Chair recognized Gary Graham director of the Wildlife Division, who introduced Steve DeMaso, Upland Game Bird program leader. Mr. DeMaso reviewed a petition received by the department. The petition requested that quail season be opened one week prior to deer season. Mr. DeMaso stated that the potential change would have little or no biological consequence, and that the staff recommendation was to include the item in the Statewide Hunting and Fishing Proclamation proposal for public comment. Commissioner Angelo made a motion to include the substance of the petition in the Statewide Hunting and Fishing Proclamation proposal, which was seconded by Commissioner Idsal. The motion carried.

6. ACTION – Managed Lands Deer Permits

Presenters – Dr. Jerry Cooke

The Chair recognized Jerry Cooke, Game Branch chief, who informed the committee that due to the wording of the current regulations concerning the MLD program, a differential season length had been inadvertently created in several counties. Mr. Cooke then outlined the necessary change to fix the problem. The Chair entertained a motion from Commissioner Angelo to forward the item to the full commission for adoption. The motion was seconded by Commissioner and passed unanimously.

7. ACTION – Statewide Aquatic Vegetation Management Rules

Presenter – Robert Sweeney

The Chair recognized Robert Sweeney, legal counsel for the Resource Protection Division. Mr. Sweeney stated that the rules implemented House Bill 3079 of the 76th Legislature and described the working group that helped the department draft the rules. Mr. Sweeney summarized the changes from the rule proposal that department staff recommended. Commissioner Angelo expressed concern that the process in the rules was burdensome to the point where necessary action might not be taken. Mr. Sweeney acknowledged that possibility but pointed out that the steps applicable to aquatic herbicide use are directly based on statutory language. Commissioner Angelo commented that the department really does not have much flexibility. Dr. Larry McKinney, Senior Director for Aquatic Resources, commented that the working group had discussed this point, and while the river authorities supported notification and some burden on herbicide use, they were also concerned that overly restrictive provisions might be ignored. The hope was that the right balance point was found. Commissioner Angelo commented that if the department ran into a problem, the legislature would have to make substantive changes. Dr. McKinney agreed, and said that this rule would give us information that we don’t currently have about how much herbicide use is going on. Commissioner Dinkins moved that the item be forwarded to the full Commission. Commissioner Henry seconded the motion, which passed unanimously.

IV. OTHER BUSINESS: None.

ADJOURNMENT:
There being no further business, Chairman Bass adjourned the November 8, 2000 meeting of the Regulations Committee of the Texas Parks and Wildlife Commission at 12:20 p.m.


Committee Agenda Item No. 1
Presenter: Andrew Sansom

Regulations Committee
Briefing
Chairman's Charges
January 2001

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Joedy Gray

Regulations Committee
Action
Exotic Species Rules
January 2001

(This is Public Hearing Agenda Item No. 8.)


Committee Agenda Item No. 3
Presenters: Suzy Whittenton, Walt Dabney, Robert Sweeney

Regulations Committee
Action
Legislative Regulations Review
January 2001

(This is Public Hearing Agenda Item No. 5.)


Committee Agenda Item No. 4
Presenters: Gary Gram, Paul Hammerschmidt, Phil Durocher

Regulations Committee
Action
Statewide Hunting and Fishing Proclamation
January 2001

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. The potential changes are based upon statutory requirements, including scientific investigation and required findings of fact where applicable. The proposed changes would increase recreational opportunity, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.

II. RECOMMENDATION: Staff recommends that the Regulations Committee adopt the following motion:

"The Regulations Committee of the Parks and Wildlife Commission authorizes staff to publish the proposed 2001-2002 Statewide Hunting and Fishing Proclamation, contained at Exhibit A, in the Texas Register for public comment."

Attachment - 1

1. Exhibit A - Proposed Statewide Hunting and Fishing Proclamation for 2001-2002


Committee Agenda Item No. 4
Exhibit A

2001-2002 Statewide Hunting and Fishing Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §§65.29-65.32, amendments to §§65.3, 65.10, 65.11, 65.24, 65.26, 65.27, 65.42, 65.44, 65.62, 65.64, 65.72, 65.78, and new 65.29-65.33, concerning the Statewide Hunting and Fishing Proclamation. The repeals are necessary to reconstitute current §65.42(b)(11) as new §65.29, which would cause current §§65.29-65.32 to be redesignated without change as new §§65.30-65.33. The amendment to 65.3, concerning Definitions, adds a new definition for 'final processing.' The current statutory definition of the term applies only to deer, antelope, and turkey, but not to other species of game animals and game birds, and the amendment is necessary for the department to ensure that provisions governing daily bag and possession limits can be enforced. The amendment to §65.10, concerning Possession of Wildlife Resources, nonsubstantively restructures the section's contents for clarity's sake. The amendment to §65.11, concerning Lawful Means, clarifies an ambiguity in paragraph (2) that gives the impression that lawful archery equipment may not be used during a muzzleloader-only open season, when, in fact, the only restriction is that lawful archery equipment can't be used to hunt deer during the muzzleloader season. The amendment is necessary to eliminate possible confusion for hunters. The amendment to §65.24, concerning Permits, adds new paragraph (2) to create an offense for cases in which a landowner or authorized agent allows a harvest quota for MLD properties to be exceeded. The amendment is necessary because there have been situations in which hunters have been allowed to take deer on MLD properties after the annual quota has already been reached. The amendment to §65.26, concerning Managed Lands Deer Permits, would require landowners or authorized agents to maintain a receipt log to verify that MLD permits have been given to hunters. The amendment is necessary to provide conclusive evidence in that MLD permits were or were not issued. The amendment to §65.27, concerning Antlerless and Spike-Buck Deer Control Permits, would allow such permits to be used during any open season for deer. The amendment is necessary to allow landowners and land managers greater flexibility in controlling deer overpopulation. The amendment to §65.42, concerning Deer consists of several actions. The amendment would expand the statewide youth-only season to include the four weekends prior to the first Saturday in November and the three weekends following the second Sunday in January. This is necessary to execute commission policy to provide greater opportunity to youth and to encourage mentoring. The amendment would also allow other governmental entities to require permits for the harvest of antlerless deer on certain federal and state lands in 11 East Texas counties, which is necessary to ensure a controlled harvest. Further, the amendment would adds three counties to the LAMPS program, which is necessary to provide landowners and land managers with an additional option when other permit programs are unfeasible or inappropriate. Additionally, the amendment would increase the bag limit for antlerless deer and institute a 14-day antlerless and spike-buck season in 14 counties on the northern Edwards Plateau, increase the bag limit for buck deer in 12 South Texas counties, and add one week to the front end of the season in 28 South Texas counties, which advances the commission policy of maximizing hunter opportunity whenever such actions are biologically justifiable and do not result in depletion or waste. Lastly, the amendment adjusts a roadway boundary in Victoria County in order to reduce hunter confusion. The amendment to §65.44, concerning Javelina, creates an open season in Archer County. The amendment is necessary to advance commission policy to maximize hunter opportunity. The amendment to §65.62, concerning Quail, alters the opening day to make it occur one week earlier than the opening day for white-tailed deer. The amendment is necessary to stagger the opening days for deer and quail to enable persons to participate in both. The amendment to §65.64, concerning Turkey, would open a spring season for Eastern wild turkey in five additional counties, add seven additional weekends to the youth-only season, and open the fall season in 28 South Texas counties on the first Saturday in November rather than the second Saturday in November. The amendment is necessary to implement commission policy to maximize hunter opportunity, to foster youth participation and mentoring activities in the hunting sports, and to establish turkey season to run concurrently with the proposed white-tailed deer season in 28 South Texas counties. The amendment to §65.72, concerning Fish, would alter a number of regulations. The proposal would alter largemouth bass regulations on Lake O.H. Ivie to modify minimum-length restrictions to allow two largemouth bass of greater than 18 inches to be retained per day, which is necessary to improve fishing quality by reducing the number of bass in the 14-16 inch range. The amendment also would modify regulations for largemouth bass on Lake Sweetwater to implement a slot-limit, which is necessary to reduce mortalities of fish within the slot limit in order to improve fishing quality. Additionally, the amendment would modify regulations for largemouth bass on Pinkston Reservoir to implement a new slot limit, to allow the retention of only one largemouth bass of greater than 21 inches per day, and to prohibit the use of trotlines, juglines, and throwlines on Lakes Coffee Mill and Davy Crockett, which is necessary to increase fishing quality by protecting fish within the slot limit, and to create gear requirements consistent with federal regulations, as the affected impoundments are part of the Caddo National Grasslands. Further, the amendment would alter smallmouth bass regulations on six lakes to replace the 18-inch minimum length limit/3-fish daily bag limit with a 14-inch minimum length limit/5-fish daily bag limit, which is necessary to simplify regulations. Finally, the amendment would increase the bag and possession limits for Spanish mackerel, which is necessary in order to be consistent with regulations in federal waters. The amendment to §65.78, concerning Crabs and Ghost Shrimp, would specify that crab trap float markers be white, which is necessary to clearly delineate crab traps from other devices.

2. Fiscal Note.

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

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the proposed amendments 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 additional economic costs to small businesses, microbusinesses or 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 significantly impact local economies.

(D) The department has determined that there will not be a taking of private 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 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), which provide the Commission with authority to establish wildlife resource regulations for this state.

The proposed amendments affect Parks and Wildlife Code, Chapter 61.

§65.3. Definitions.

(1)-16) (No change.)

(17) Final processing - the cleaning of a dead wildlife resource for cooking or storage purposes.

(18) [(17)] Fishing—Taking or attempting to take aquatic animal life by any means.

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

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

(21) [(20)] Fully automatic firearm—Any firearm that is capable of firing more than one cartridge in succession by a single function of the trigger.

(22) [(21)] Gaff—Any hand-held pole with a hook attached directly to the pole.

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

(24) [(23)] Gig—Any hand-held shaft with single or multiple points.

(25) [(24)] Jug line—A fishing line with five or less hooks tied to a free-floating device.

(26) [(25)] Lawful archery equipment—Longbow, recurved bow, and compound bow.

(27) [(26)] License year—The period of time for which an annual hunting or fishing license is valid.

(28) [(27)] Muzzleloader—Any firearm that is loaded only through the muzzle.

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

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

(31) [(30)] Pole and line—A line with hook, attached to a pole. This gear includes rod and reel.

(32) [(31)] Possession limit—The maximum number of a wildlife resource that may be lawfully possessed at one time.

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

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

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

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

(37) [(36)] Silencer or sound-suppressing device—Any device that reduces the normal noise level created when the firearm is discharged or fired.

(38) [(37)] Spear—Any shaft with single or multiple points, barbed or barbless, which may be propelled by any means, but does not include arrows.

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

(40) [(39)] Spike-buck deer—A buck deer with no antler having a fork or branching point.

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

(42) [(41)] Trap—A rigid device of various designs and dimensions used to entrap aquatic life.

(43) [(42)] Trawl—A bag-shaped net which is dragged along the bottom or through the water to catch aquatic life.

(44) [(43)] Trotline—A nonmetallic main fishing line with more than five hooks attached and with each end attached to a fixture.

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

(46) [(45)] Upper-limb disability—A permanent loss of the use of fingers, hand or arm in a manner that renders a person incapable of using a longbow, compound bow or recurved bow.

(47) [(46)] Wildlife resources—All game animals, game birds, and aquatic animal life.

(48) [(47)] Wounded deer—A deer leaving a blood trail.

§65.10 Possession of Wildlife Resources.

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

(b) Proof of sex must remain with certain wildlife resources until the wildlife resource reaches either the possessor's permanent residence or a cold storage/processing facility and is finally processed, as follows:

(1) turkey taken in other than an either-sex county or taken during any spring turkey season: the beard must remain attached to the bird.

(2) deer:

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

(B) antlerless: the unskinned head;

(3) antelope: the unskinned head; and

(4) pheasant: one foot or the entire plumage attached to the bird.

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

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

(2) the date the wildlife resource was killed;

(3) one of the following, as applicable:

(A) whether the deer was antlered or antlerless;

(B) the sex of the antelope;

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

(D) the sex of the pheasant.

(d) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource.

(1) For deer, turkey, or antelope, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches either the possessor's permanent residence or a cold storage/processing facility and is finally processed.

(2) For all other wildlife resources, a properly executed wildlife resource document shall accompany the wildlife resource until it reaches the possessor's permanent residence and is finally processed. The document must contain the following information:

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

(B)[(2)] the name of the person receiving the wildlife resource;

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

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

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

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

§65.11. Lawful Means. 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) It is lawful to hunt game animals and game birds with any legal firearm, including muzzleloading weapons, except as specifically restricted in this section.

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

(C) It is unlawful to use rimfire ammunition to hunt deer, antelope, or desert bighorn sheep.

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

(2) Archery.

(A) A person may hunt by means of lawful archery equipment during any open season; however, no person shall hunt deer by lawful archery equipment or crossbow during [except] a special muzzleloader-only antlerless deer season.

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

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

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

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

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

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

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

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

(B) the crossbow must have a mechanical safety;

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

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

(4) Falconry. It is lawful to hunt any game bird or game animal by means of falconry under the provisions of Subchapter K of this chapter (relating to Raptor Proclamation).

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

§65.24. Permits.

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

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

[(c)] When permits are required to hunt or possess white-tailed deer, mule deer, desert bighorn sheep, or antelope [the wildlife resources listed in subsection (b) of this section], it is unlawful:

(1) for any person to:

(A) hunt the affected wildlife resource unless that person has received from the landowner and has in possession a valid permit issued by the department;

(B) [(1)] use a permit more than once;

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

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

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

(2) for a landowner or landowner's agent to exceed the harvest quota specified by a wildlife management plan under the provisions of §65.26 of this title (relating to Managed Lands Deer Permits), or to authorize any person to hunt without providing the person with the appropriate permit .

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

§65.26. Managed Lands Deer (MLD) Permits.

(a) MLD permits may be issued only to a landowner who has a current WMP in accordance with §65.25 of this title (relating to Wildlife Management Plan.

(b) An applicant may request the issuance of any type of MLD listed in this section.

(1) Level 1. Level 1 MLD permits authorize only the take of antlerless white-tailed or antlerless mule deer. A Level 1 MLD permit is valid [only] during any [the general] open season in the county for which it is issued, and the bag limit for antlerless deer in that county applies.

(2) Level 2.

(A) Level 2 MLD permits authorize the take of buck and antlerless white-tailed deer as specified by the permit. A Level 2 MLD:

(i) antlerless permit is valid from the Saturday closest to September 30 through the last Sunday in January and during any open season on the property for which it is issued;

(ii) buck permit is valid from the opening day of the general open season in the county for which it is issued through the last Sunday in January and during any open season on the property for which it is issued.

(B) On all tracts of land for which Level 2 MLD permits have been issued:

(i) the bag limit shall be five deer, no more than three bucks, regardless of the county bag limit; and

(ii) 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, Subchapters I and Q, do not apply.

(C) By acceptance of Level 2 MLD permits a landowner agrees to accomplish at least two habitat management recommendations contained in the WMP within three years of permit issuance, and agrees to maintain the habitat management practices for as long as Level 2 permits are accepted thereafter. A landowner who fails to accomplish at least two habitat management recommendations of the WMP within three years is not eligible for Level 2 permits the following year, but is eligible for Level 1 MLD permits or may choose to cease accepting MLD permits.

(3) Level 3. Level 3 MLD permits authorize the take of buck and antlerless white-tailed deer as specified by the permit. A Level 3 MLD permit is valid from the Saturday nearest September 30 through the last Sunday in January and during any open season on the property for which it is issued. On all tracts of land for which Level 3 MLD permits have been issued:

(A) the bag limit shall be five deer, no more than three bucks, regardless of the county bag limit; and

(B) 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, Subchapters I and Q, do not apply.

(C) By acceptance of Level 3 MLD permits a landowner agrees to accomplish at least four habitat management recommendations contained in the WMP within three years of permit issuance, and agrees to maintain the habitat management practices for as long as Level 3 permits are accepted thereafter. A landowner who fails to accomplish at least four habitat management recommendations of the WMP within three years is not eligible for Level 3 permits the following year, but may be eligible for other levels of MLD permits or may choose to cease accepting MLD permits.

(c) The number of MLD permits distributed to a hunter shall be at the discretion of the landowner. The department shall issue an MLD Receipt Log to each landowner receiving MLD permits. The landowner shall complete an entry in the receipt log for each MLD permit distributed and each person receiving an MLD permit shall sign the receipt log. The landowner shall make the receipt log available to any department employee acting within the scope of official duties upon request.

(d) Except for deer taken under an Antlerless and Spike-Buck Control Permit, all deer harvested by MLD permit must immediately be tagged with the appropriate MLD permit and either an appropriate tag from the hunting license of the person who killed the deer or a valid bonus tag.

(e) If a landowner in possession of MLD permits does not wish to abide by the harvest quota or habitat management practices specified by the WMP, the landowner must return all MLD permits to the department by the Saturday closest to September 30.

(f) In the event that unforeseeable developments such as floods, droughts, or other natural disasters make the attainment of recommended habitat management practices impractical or impossible, the department may, on a case-by-case basis, waive the requirements of this section.

(g) The department reserves the right to deny further issuance of MLD permits to a landowner who exceeds the harvest quota specified by the WMP or who does not otherwise abide by the WMP. A property for which the department denies further permit issuance under this subsection is ineligible to receive MLD permits for a period of three years from the date of denial.

(h) Administratively complete applications received by the department before August 15 of each year shall be approved or denied by October 1 of the same year.

§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits). Control permits shall be issued only to control overpopulation of white-tailed deer and may be issued only to a landowner who has a current WMP issued in accordance with §65.25 of this title (relating to Wildlife Management Plan) that specifies a harvest quota of more than 20 antlerless deer. The WMP for permits issued under this section must be signed by a Wildlife Division biologist classified CS VI or higher.

(1) Control permits shall be issued only after the landowner has provided the names, addresses and hunting license numbers of all persons who will be hunting under the authority of the permits. The maximum number of designated hunters allowed on one application for control permits shall not exceed one-tenth the number of deer recommended for harvest by the WMP. Additional designated hunters may not be added after permits have been issued.

(2) Control permits shall not be issued solely as a means to manipulate the sex ratio of a deer herd.

(3) No WMP shall authorize the take of more than 300 deer per designated hunter.

(4) Control permits shall be valid from the Saturday closest to September 30 through the last day of any open white-tailed deer season in the county for which the permits were issued [only during general open deer seasons, special muzzleloader-only seasons, and when the harvest of deer is authorized under §65.26(e) of this title (relating to Managed Lands Deer Permits)].

(5) Deer harvested under the authority of control permits shall not be part of a hunter's annual bag limit.

(6) A report form provided by the department shall be submitted to the department by the landowner not later than February 14 following the use of the permits. The report must specify the sex and date of kill for each deer harvested under a control permit.

§65.29. 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:

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

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

(3) 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:

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

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

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

§65.30. Pronghorn Antelope Permits. The department shall designate the number of pronghorn antelope to be harvested from a given tract of land, and shall issue permits to the landowner.

§65.31. Desert Bighorn Sheep Permits.

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

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

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

§65.32. Antlerless Mule Deer Permits.

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

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

§65.33. Mandatory Check Stations.

(a) The department may establish check stations in any county of the state for the purpose of collecting biologic information on wildlife resources taken in that county.

(b) The entire wildlife resource, with head and hide/plumage attached, except that internal and sexual organs may be removed (field-dressed), of any designated wildlife resource taken in a county in which mandatory check stations have been established must be presented:

(1) to a designated check station agent within 24 hours of take; and

(2) by the person or representative of the person who killed the wildlife resource.

(c) Check stations shall be under the direction of an agent designated by the department. Agents shall:

(1) register each wildlife resource presented at a check station;

(2) issue a special possession tag, provided by the department, for each wildlife resource presented at a check station;

(3) maintain records as prescribed in the record book supplied by the department; and

(4) allow inspection of all check station records upon request of the department during normal working hours.

(d) A person who fails or refuses to comply with this section commits an offense and is in violation of this subchapter.

This agency hereby certifies that the proposal has 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 proposed 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 §65.29 of this title (relating to Bonus Tags) [subsection (b)(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 Brewster, [Brown, Coke, Coleman, Concho,] Culberson, [Glasscock, Howard, Irion,] Jeff Davis, [Mills, Mitchell, Nolan,] Pecos, Presidio, [Reagan,] Reeves, [Runnels, Sterling,] Terrell, [Tom Green,] and Upton (that southeastern portion located both south of U.S. Highway 67 and east of State Highway 349) counties, there is a general open season.

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

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

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

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

(B) Bag limit: five 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 first Sunday in January.

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

(3) 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: the first [second] Saturday in November through the third Sunday in January.

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

(4) 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: the first [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) 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, Bell (west of Interstate 35), Bosque, Callahan, Clay, Comanche, Coryell, Eastland, Erath, Grayson, Hamilton, Hood, Jack, Lampasas, McLennan, Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35), 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:

(I) lawful means are restricted to lawful archery equipment and crossbows only; and

(II) antlerless deer shall be taken by MLD permit only, except on the Hagerman National Wildlife Refuge.

(B) In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris, Jackson (south of U.S. Highway 59), Matagorda, Victoria (that portion of the county that is south of [both] U.S. Highway 59 [and U.S. Business 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.

(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 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 16 days, antlerless deer may be taken only by MLD antlerless permits.

(D) In Cooke, Denton, Hill, Johnson, and Tarrant 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, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, Grimes, Henderson, Hopkins, Houston, Hunt, Lamar, Leon, Limestone, Madison, Morris, Navarro, Rains, Red River, Robertson, Rusk, Smith, Titus, Upshur, Van Zandt, 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.

(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 Cass, Harrison, Marion, 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. On the Bannister and Moore Plantation Wildlife Management Areas, antlerless deer may be taken by Wildlife Management Area antlerless permit only.

(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 (that portion of the county that is north of [both] U.S. Highway 59 [and U.S. Business 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.

(6) In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, and Walker 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) From opening day through the Sunday immediately following Thanksgiving , 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 Monday following Thanksgiving, antlerless deer may be taken only by MLD antlerless permits or LAMPS permits. On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the muzzleloader-only open season. On National Forest, Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits. On the Sam Houston, Alabama Creek, and Moore Plantation Wildlife Management Areas, antlerless deer may only be taken by Wildlife Management Area antlerless permit [only].

(7) In Andrews, Bailey, Castro, Cochran, Collin, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Terry, Winkler, and Yoakum counties, there is no general open season.

(8) Archery-only open seasons. In all counties where there is a general open season for white-tailed deer, 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: the bag limit in any given county is as provided for that county during the general open season.

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

(A) In Brewster, Brown, Coke, Coleman, Concho, Culberson, Glasscock, Howard, Irion, Jeff Davis, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Reeves, Runnels, Sterling, Terrell, Tom Green, and Upton (that portion located both south of U.S. Highway 67 and east of state highway 349) counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

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

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

(B) In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, and Tyler counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

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

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

(10) Special Youth-Only Seasons. Except on properties for which Level II or Level III MLD permits have been issued, there shall be special youth-only general hunting seasons in all counties where there is a general open season for white-tailed deer only.

(A) early open season: each Saturday and Sunday between the Saturday closest to September 30 and the first Saturday in November.

(i) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraphs (1)-(6) of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in items (ii) and (iii) of this subparagraph.

(ii) Provisions for the take of antlerless deer in the individual counties listed in paragraph (5)(G) of this subsection shall be as specified in those counties for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

(iii) In the individual counties listed in paragraph (5)(F) and (H) of this subsection, antlerless deer may be taken without MLD permits. The bag limit shall be one antlerless deer.

(B) late antlerless-only open season: the first three weekends (Saturday and Sunday) following the second Sunday in January, during which only antlerless deer may be taken. In any given county, the bag limit shall be as specified for antlerless deer in that county by paragraphs (1)-(6) of this subsection.

(C) Only licensed hunters 16 years of age or younger may hunt deer by means of firearms during the seasons established by subparagraph (A) of this paragraph; all other deer hunting shall be by means of lawful archery equipment and crossbows only.

(D) Licensed hunters 16 years of age or younger may hunt deer by means of firearms during the seasons established by subparagraph (B) of this paragraph; all other deer hunting shall be by means of muzzleloader only.

(E) The stamp requirements of Parks and Wildlife Code, Chapter 43, Subchapters I and Q, do not apply during the seasons established by this paragraph. [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 item (ii) of this subparagraph; and]

[(ii) in the counties listed in paragraph (5)(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.]

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

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

(1)-(5) (No change.)

§65.44. Javelina: Open Seasons and Annual Bag Limits.

(a) In Andrews, Archer, Baylor, Blanco, Caldwell, Calhoun, Coke, Comal, Concho, Crane, DeWitt, Ector, Foard, Gillespie, Glasscock, Goliad, Gonzales, Guadalupe, Hays, Howard, Irion, Knox, Llano, Loving, McCulloch, Martin, Mason, Midland, Mitchell, Nolan, Reagan, Refugio, Runnels, San Saba, Sterling, Taylor, Tom Green, Upton, Victoria, Ward, Wichita, Wilbarger, and Winkler counties, there is a general open season.

(1) Open season: October 1 through the last Sunday in February.

(2) Bag limit: Two javelina.

(3) Possession limit: two javelina.

(b) In Aransas, Atascosa, Bandera, Bee, Bexar, Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, LaSalle, Live Oak, McMullen, Maverick, Medina, Menard, Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Schleicher, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala counties, there is an open season from September 1 through August 31.

(1) Bag limit: two javelina.

(2) Possession limit: two javelina.

(c) In all other counties, there is no open season for javelina.

§65.62. Quail: Open Seasons, Bag, and Possession Limits.

(a) In all counties there is an open season for quail beginning the Saturday immediately prior to the first Saturday in November [nearest November 1] through the last Sunday in February.

(b) Daily bag limit: 15 quail.

(c) Possession limit: 45 quail.

(d) There is no open season on Mearns' quail (commonly called fool's quail).

(e) In all counties where there is a general open season for quail, there shall be a special youth-only general hunting season the Saturday and Sunday immediately preceding the first Saturday in November. During the season established by this subsection:

(1) only licensed hunters 16 years of age or younger may hunt; and

(2) the daily bag limit and possession limits shall be as provided in subsections (b) and (c) of this section.

§65.64. Turkey.

(a) The annual bag limit for Rio Grande and Eastern turkey, in the aggregate, is four.

(b) Rio Grande Turkey. The open seasons and bag limits for Rio Grande turkey shall be as follows.

(1) Fall seasons and bag limits:

(A) In Archer, Bandera, Bell, Bexar, Blanco, Bosque, Burnet, Clay, Comal, Comanche, Cooke, Coryell, Erath, Gillespie, Goliad, Gonzales, Hamilton, Hays, Hood, Jack, Karnes, Kendall, Kerr, Lampasas, Llano, McLennan, Medina (only north of U.S. Highway 90), Montague, Palo Pinto, Parker, Real, Somervell, Stephens, Travis, Wichita, Williamson, Wilson, Wise, and Young counties, there is a fall general open season.

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

(ii) Bag limit: four turkeys, gobblers or bearded hens.

(B) In Aransas, Atascosa, Bee, Calhoun, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Webb, and Zavala counties, there is a fall general open season.

(i) Open season: first [second] Saturday in November through the third Sunday in January.

(ii) Bag limit: four turkeys, gobblers or bearded hens.

(C) In Kinney (south of U.S. Highway 90) and Uvalde (south of U.S. Highway 90), and Val Verde (in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239) counties, there is a fall general open season.

(i) Open season: first [second] Saturday in November through the third Sunday in January.

(ii) Bag limit: four turkeys, either sex.

(D) In Brooks, Kenedy and Kleberg counties, there is a fall general open season.

(i) Open season: first [second] Saturday in November through the last Sunday in February.

(ii) Bag limit: four turkeys, either sex.

(E) In Armstrong, Baylor, Borden, Briscoe, Brown, Callahan, Carson, Childress, Coke, Coleman, Collingsworth, Concho, Cottle, Crane, Crockett, Crosby, Dawson, Dickens, Donley, Eastland, Ector, Edwards, Fisher, Floyd, Foard, Garza, Glasscock, Gray, Hall, Hardeman, Hartley, Haskell, Hemphill, Howard, Hutchinson, Irion, Jones, Kent, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lynn, Martin, Mason, McCulloch, Menard, Midland, Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Pecos, Potter, Randall, Reagan, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Sterling, Stonewall, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wilbarger, and Val Verde (that portion located 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 fall general open season.

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

(ii) Bag limit: four turkeys, either sex.

(F) In Willacy County, there is a fall general open season for turkeys.

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

(ii) Bag limit: four turkeys, either sex.

(2) Archery-only season and bag limits. In all counties where there is a general fall season for turkey there is an open season during which turkey may be taken only as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

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

(B) Bag limit: in any given county, the annual bag limit is as provided by this section for the fall general season in that county.

(3) Spring season and bag limits.

(A) In Archer, Armstrong, Bandera, Baylor, Bell, Blanco, Borden, Bosque, Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Ellis, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Jeff Davis, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Val Verde, Ward, Wheeler, Wichita, Wilbarger, Williamson, Wise, and Young counties, there is a spring general open season.

(i) Open season: first Saturday in April for 37 consecutive days.

(ii) Bag limit: four turkeys, gobblers only.

(B) In Bastrop, Caldwell, Colorado, De Witt, Fayette, Guadalupe, Jackson, Lavaca, Lee, Milam, and Victoria counties, there is a spring general open season.

(i) Open season: first Saturday in April for 37 consecutive days.

(ii) Bag limit: one turkey, gobblers only.

(C) In Aransas, Atascosa, Bee, Bexar, Brooks, Calhoun, Dimmit, Duval, Frio, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kinney, Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina, Nueces, Refugio, San Patricio, Starr, Uvalde, Webb, Willacy, Wilson, and Zavala counties, there is a spring general open season.

(i) Open season: last Saturday in March for 37 consecutive days.

(ii) Bag limit: four turkeys, gobblers only.

(4) Special Youth-Only Season.

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

(i) open seasons [season]: each [the] Saturday and Sunday in October, and each weekend (Saturday and Sunday) following the second Sunday in January for three weekends [immediately preceding the first Saturday in November].

(ii) bag limit: as specified for individual counties in paragraph (1) of this subsection.

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

(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Angelina, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Grayson, Gregg, Harrison, Hopkins, Houston, Hunt, Jasper, Lamar, Marion, Montgomery (north of State Hwy. 105), Morris, Nacogdoches, Newton, Panola, Polk, Rains, Red River, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler (north of U.S. Hwy. 190), Upshur, [and] Walker, and Wood counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

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

(2) Bag limit (both species combined): 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, lawful archery equipment, or crossbows;

(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 proposed amendment affects Parks and Wildlife Code, Chapter 61.

Seasons and Bag Limits-Fishing Provisions

§65.72. Fish.

(a) General rules.

(1)-(5) (No change.)

(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
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. 15 [7] 14 No limit
Marlin, blue. No limit 131 No limit
Marlin, white. No limit 86 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 84 No limit
Saugeye 3 18 No limit
Seatrout, spotted. 10 15 No limit
Shark: all species, their hybrids, and subspecies. 1 24 No limit
Sheepshead. 5 12 No limit
Snapper, lane. No limit 8 No limit
Snapper, red. 4 15 No limit
Snapper, vermilion. No limit 10 No limit
Snook. 1 24 28
Tarpon. 0   Catch and release only*.
*Special Regulation: One tarpon 80 inches in length or larger may be retained during a license year when affixed with a properly executed Tarpon Tag.
Trout: rainbow and brown trout, their hybrids, and subspecies. 5
(in any combination)
No limit No limit
Walleye. 5* No limit No limit
*Special regulation: Two walleye of less than 16 inches may be retained per day.

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

(i) The following is a figure:

Location (County) Daily Bag Minimum Length (Inches) Special Regulation
Bass: largemouth, smallmouth, spotted and Guadalupe bass, their hybrids, and subspecies.      
Lake Texoma (Cooke and Grayson) 5
(in any combination)
14  
In all waters in the Lost Maples State Natural Area (Bandera) 0 No Limit Catch and release only.
Bass: largemouth and smallmouth      
Lake Toledo Bend (Newton, Sabine and Shelby). 8
(in any combination)
14 Possession Limit is 10.
Bass: largemouth.      
Conroe (Montgomery and Walker), Fort Phantom Hill (Jones), Granbury (Hood), Lost Creek (Jack), and Ratcliff (Houston). 5 16  
Lakes Fairfield (Freestone), Jacksonville (Cherokee), Cleburne State Park (Johnson), Meridian State Park (Bosque), 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.
O.H. Ivie (Coleman, Concho, and Runnels). 5 No Limit It is unlawful to retain more than two bass of less than 18 inches in length.
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) , Sweetwater (Nolan), 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), Buescher State Park (Bastrop), Town (Travis) Houston County (Houston), Nacogdoches (Nacogdoches), Mill Creek (Van Zandt), Joe Pool (Dallas, Ellis, and Tarrant), Walter E. Long (Travis), Timpson (Shelby), and Athens (Henderson), Murvaul (Panola), and Pinkston (Shelby). 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 16-24 Inch Slot Limit It is unlawful to retain largemouth bass between 16 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.
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), and Whitney,] 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 in 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) Cast net. It is unlawful to use a cast net exceeding 14 feet in diameter.

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

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

(B) Dip net.

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

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

(II) to take non-game fish.

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

(C) Gaff.

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

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

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

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

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

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

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

(iv) in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

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

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

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

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

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

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

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

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

(I) Pole and line.

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

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

(J) Purse seine (net).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(L) Seine.

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

(ii) It is unlawful to use a seine:

(I) which is not manually operated.

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

(III) that exceeds 20 feet in length.

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

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

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

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

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

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

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

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

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

(ii) It is unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(Q) Trotline.

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

(ii) It is unlawful to use a trotline:

(I) with a mainline length exceeding 600 feet;

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

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

(IV) with metallic stakes; or

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

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

(I) with more than 50 hooks;

(II) in Gibbons Creek Reservoir in Grimes County, Lake Bastrop in Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County, and Tankersley Reservoir in Titus County.

(iv) In salt water:

(I) it is unlawful to use a trotline:

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

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

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

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

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

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

(III) It is unlawful to fish for commercial purposes with:

(-a-) more than 20 trotlines at one time;

(-b-) any trotline that is not marked with yellow flagging attached to stakes or with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width attached to end fixtures;

(-c-) any trotline that is not marked with yellow flagging attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to end fixtures;

(-d-) any trotline that is marked with yellow flagging or with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

(IV) It is unlawful to fish for non-commercial purposes with:

(-a-) more than 1 trotline at any time; or

(-b-) any trotline that is not marked with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide stripe of contrasting color, attached to end fixtures.

(R) Umbrella net.

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

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

§65.78. Crabs and Ghost Shrimp.

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

(d) Devices, means and methods.

(1) It is unlawful to take, attempt to take, or possess crabs caught by devices, means, or methods other than as authorized in this subchapter.

(2) Only the following means and methods may be used for taking crabs:

(A) Crab line. It is unlawful to fish a crab line for commercial purposes that is not marked with a floating white buoy not less than six inches in height, six inches in length and six inches in width bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the end fixtures.

(B) Crab trap. It is unlawful to:

(i) fish for commercial purposes under authority of a commercial crab fisherman's license with more than 200 crab traps at one time;

(ii) fish for commercial purposes under authority of a commercial finfish fisherman's license with more than 20 crab traps at one time;

(iii) fish for non-commercial purposes with more than six crab traps at one time;

(iv) fish a crab trap in the fresh waters of this state;

(v) fish a crab trap that:

(I) exceeds 18 cubic feet in volume;

(II) is not equipped with at least two escape vents (minimum 2-3/8 inches inside diameter) in each crab-retaining chamber, and located on the outside trap walls of each chamber; and

(III) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:

(-a-) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or

(-b-) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or

(-c-) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:

(-1-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-2-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-3-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand # 530), sisal twine (comparable to Lehigh brand # 390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed.

(vi) fish a crab trap for commercial purposes under authority of a commercial crab fisherman's license:

(I) that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;

(II) that is not marked with a white buoy bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;

(III) that is marked with a buoy bearing a commercial crab fisherman's license plate number other than the commercial crab fisherman's license plate number displayed on the crab fishing boat;

(vii) fish a crab trap for commercial purposes under authority of a commercial finfish fisherman's license:

(I) that is not marked with a floating white [yellow] buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;

(II) that is not marked with a white [yellow] buoy bearing the letter 'F' and the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;

(III) that is marked with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

(viii) fish a crab trap for non-commercial purposes without a floating white buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide center stripe of contrasting color, attached to the crab trap;

(ix) fish a crab trap in public salt waters without a valid gear tag. Gear tags must be attached within 6 inches of the buoy and are valid for 30 days after date set out.

(x) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula or possess, use or place more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County;

(xi) remove crab traps from the water or remove crabs from crab traps during the period from 30 minutes after sunset to 30 minutes before sunrise;

(xii) place a crab trap or portion thereof closer than 100 feet from any other crab trap, except when traps are secured to a pier or dock;

(xiii) fish a crab trap in public waters that is marked with a buoy made of a plastic bottle(s) of any color or size; or

(xiv) use or place more than three crab traps in public waters of the San Bernard River north of a line marked by the boat access channel at Bernard Acres.

(C) Sand pump. It is unlawful for any person to use a sand pump:

(i) that is not manually operated; or

(ii) for commercial purposes.

(D) Other devices. Devices legally used for taking fresh or salt water fish or shrimp may be used to take crab if operated in places and at times authorized by a proclamation of the Parks and Wildlife Commission or the Parks and Wildlife Code.

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

 


Committee Agenda Item No. 5
Presenter: Herb Kothmann

Regulations Committee
Action
Amendments to the Publis Lands Proclamation
Candidate State Parks for Public Hunting
January 2001

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 proposed amendments to the Public Lands Proclamation are contained in Exhibit A. Exhibit B, Candidate State Parks for 2001-2002 Public Hunts, names the units of the state park system to be considered for public hunts during 2001-2002 season.

II. RECOMMENDATION: Staff recommends the Regulations Committee adopt the following motions:

  1. "The Regulations Committee of the Texas Parks and Wildlife Commission authorizes staff to publish the proposed amendment to 31 TAC §§65.190, 65.193, 65.197, 65.198, and 65.202, concerning the Public Lands Proclamation, in the Texas Register for public comment."
  2. "The Regulations Committee of the Texas Parks and Wildlife Commission authorizes staff to solicit public comment concerning the hunting activities proposed for units of the state park system contained in Exhibit B."

Attachment - 2

1. Exhibit A - Proposed Amendments to the Public Lands Proclamation
2. Exhibit B - Candidate State Parks for 2001-2002 Public Hunts


Committee Agenda Item No. 5
Exhibit A

Public Lands Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.190, 65,193, 65.197, 65.198, and 65.202, concerning Public Lands Proclamation. The amendment to §65.190, concerning Application, updates the listing of the units of public hunting lands. The amendment is necessary to clearly identify the properties on which the regulations apply. The amendment to §65.193, concerning Access Permit Required and Fees, would allow the Department to conduct hunts totally or in part by Regular Permit, makes uniform the permit requirements of supervising adults during youth-only hunts, and allows the department to retain application fees submitted with and invalid application for a Special Permit. The amendment is necessary to provide a mechanism for allowing persons in possession of an Annual Public Hunting Permit to participate in certain hunts without having to be issued a Regular Permit, for persons in selected instances to purchase a Regular Permit for participation in hunts that are other wise restricted to holders of an Annual Public Hunting Permit, to enable the department to more accurately discern revenues generated by the various levels of permits, to remove confusion concerning permit requirements of non-hunting adults who are supervising minors during youth-only hunts, and to allow the department to retain application fees to defray costs of processing invalid applications for a Special Permit. The amendment to §65.197, concerning Reinstatement of Preference Points, clarifies procedures for reinstating preference points in drawings for Special Permits. The amendment is necessary to avoid the reinstatement of preference points if, due to an error in processing, a person is drawn for a hunt for which they did not apply and agrees to accept the hunt. The amendment to §65.198, concerning Entry, Registration, and Checkout, would conform the requirements of the section to accommodate the changes to §65.193. The amendment is necessary to allow the department to supervise access and activity on public lands during public hunts held totally or in part by Regular Permit. The amendment to §65.202, concerning Minors Hunting on Public Lands, establishes a minimum age for participants in Special-Permit hunts. The amendment is necessary to promote public safety by restricting participation in drawn hunts to persons who have achieved the minimum age needed to acquire the physical skills and mental development required to participate in drawn hunts in a competent and responsible manner.

2. Fiscal Note.

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

3. Public Benefit - Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be increased assurance of public safety during hunts on public lands, increased public hunting opportunity, and more accurate financial data on public hunting activities.

(B) There will be no effects on small businesses, microbusinesses, or 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 the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will have no impact on 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 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 extension 4770 (e-mail: herb.kothmann@tpwd.state.tx.us)

5. Statutory Authority.

The amendments 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; 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 12, Subchapter A; Chapter 62, Subchapter D, and Chapter 81, Subchapter E.

§65.190. Application.

(a) This subchapter applies to all activities subject to department regulation on lands designated by the department as public hunting lands, regardless of the presence or absence of boundary markers. Public hunting lands are acquired by lease or license, management agreements, trade, gift, and purchase. Records of such acquisition are on file at the Department's central repository.

(b) On U.S. Forest Service Lands designated as public hunting lands (Alabama Creek, Bannister, Caddo, Lake McClellan Recreation Area, Moore Plantation, and Sam Houston National Forest WMAs) or any portion of Units 902 and 903, persons other than hunters are exempt from the provisions of this subchapter.

(c) On U.S. Army Corps of Engineer Lands designated as public hunting lands (Aquilla, Cooper, 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) On state park lands designated as public hunting lands, access for fishing and non-consumptive use is governed by state park regulations.

(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) Caddo Lake State Park and WMA (Unit 730);

(9) Caddo National Grasslands WMA (Unit 901);

(10) Candy Abshier WMA;

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

(12) Chaparral WMA (Unit 700);

(13) Cooper WMA (Unit 731);

(14) D.R. Wintermann WMA;

(15) Dam B WMA—includes Angelina-Neches Scientific Area (Unit 707);

(16) Designated Units of the Las Palomas WMA;

(17) Designated Units of Pubic Hunting Lands Under Short-Term Lease;

(18) Designated Units of the Playa Lakes WMA;

(19) Designated Units of the State Park System;

(20) Elephant Mountain WMA (Unit 725);

(21) Gene Howe WMA (Unit 755)—includes Pat Murphy Unit (Unit 706);

(22) Granger WMA (Unit 709);

(23) 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) Gus Engeling WMA (Unit 754);

(25) James Daughtrey WMA (Unit 713);

(26) J.D. Murphree WMA (Unit 783);

(27) Keechi Creek WMA (Unit 726);

(28) Kerr WMA (Unit 756);

(29) Lake McClellan Recreation Area;

(30) Lower Neches WMA (Unit 728)—includes Old River Unit and Nelda Stark Unit;

(31) [(30)]Mad Island WMA (Unit 729);

(32) [(31)]Mason Mountain WMA;

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

(34) [(33)]Matagorda Island State Park and WMA (Unit 1134 [8134]);

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

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

(37) Nannie Stringfellow WMA;

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

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

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

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

(42) [(40)]Peach Point WMA (Unit 721)—includes Bryan Beach Unit (Unit 1075 [8075]);

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

(44) [(42)]Redhead Pond WMA;

(45) [(43)]Richland Creek WMA (Unit 703);

(46) [(44)]Sam Houston National Forest WMA (Unit 905);

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

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

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

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

(51) [(49)]Welder Flats WMA;

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

(53) [(51)]Other numbered units of public hunting lands.

§65.193. Access Permit Required and Fees.

(a) It is an offense for a person without a valid access permit to enter public hunting lands, except:

(1) on areas or for activities where no permit is required;

(2) persons who are authorized by, and acting in an official capacity for the department or the landowners of public hunting lands;

(3) persons participating in educational programs, management demonstrations, or other scheduled activities sponsored or sanctioned by the department with written approval;

(4) persons owning or leasing land within the boundaries of public hunting lands, while traveling directly to or from their property;

(5) for a non-hunting or non-fishing adult who is assisting a permitted disabled person; or

(6) [for a non-hunting adult who is supervising a permitted minor in a youth-only hunt; or]

[(7)] for minors under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.

(b) A Texas Conservation Passport (Gold or Silver) provides group access to designated public hunting lands at times when non-consumptive use is authorized under the Texas Conservation Passport Program. The Texas Conservation Passport is not required to hunt or fish, nor does it authorize the taking of wildlife resources or provide access to public hunting lands at times when an APH permit, LPU permit, regular permit, or special permit is required.

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

(1) Except as provided in paragraphs (2)-(4) of this subsection, it is an offense for a person 17 years of age or older to enter public hunting lands or take or attempt to take wildlife resources on public hunting lands at times when an APH permit is required without possessing an APH permit or to fail to display the APH permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands. The fee for the APH permit is $40.

(2) A person possessing a LPU permit may enter public hunting lands at times that access is allowed under the APH permit, but is not authorized to hunt or fish, except as provided in paragraph (3) of this subsection. The fee for the LPU permit is $10.

(3) Persons possessing an APH permit, a LPU permit, or Texas Conservation Passport (Gold or Silver) may use public hunting lands to access adjacent public waters, and may fish in adjacent public waters from riverbanks on public hunting lands. 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;

(B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, 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;

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

(D) persons who enter and hunt waterfowl within the Bayside Marsh Unit of Matagorda Island State Park and Wildlife Management Area;

(E) persons who enter the Bryan Beach Unit of Peach Point Wildlife Management Area and do not hunt; or

(F) persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish..

(5) The permit required by paragraphs (1)-(3) of this subsection is not valid unless the signature of the holder appears on the permit.

(6) A person, by signature of the permit and by payment of a permit fee required by paragraphs (1)-(3) of this subsection waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee).

(d) Regular Permit—A regular permit is issued on a first come-first served basis at the hunt area on the day of the scheduled hunt with the department reserving the right to limit the number of regular permits to be issued.

(e) Special Permit—A special permit is issued to an applicant selected in a drawing.

(f) Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.

(g) The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.

(h) Application fees.

(1) The department may charge a non-refundable fee which may be required to accompany and validate an individual's application in a drawing for a special hunting permit.

(2) The application fee for each person 17 years of age or older listed on an application for a special hunting permit may not exceed $25 per legal species and, unless otherwise established by the commission, shall be in the amount of:

(A) $2.00 in the general drawings; and

(B) $10 for special package hunts.

(3) The application fee for a special hunting permit is waived for a person under 17 years of age; however, the minor must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (4) and (5) of this subsection.

(4) The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a minor in a youth-only drawn hunt category.

(5) Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.

(6) The application fee for a special permit is waived for on-site applications made under standby procedures at the time of a hunt.

(7) The application fee submitted with an invalid application for a special permit is nonrefundable. In the event an application for a special permit is determined to be invalid, then:

(A) the application card may [and related application fees will] be returned to the applicant for correction and resubmission, provided the error is detected prior to the time that the application information is processed; or

(B) the error will result in disqualification of the applicant(s)[, and the application fees will be retained by the department].

(i) Legal animals to be taken by special or regular permit shall be stipulated on the permit.

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

(1) standard period—$50;

(2) extended period—$100;

(3) squirrel, game birds (other than turkey), rabbits and hares—$10;

(4) special package hunts, desert bighorn sheep—no charge.

(k) Only one special or regular permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail.

(l) Any applicable special or regular permit fees will be waived for minors under the supervision of a duly permitted authorized supervising adult.

(m) Any applicable regular permit fees for hunting or fishing activities will be waived for persons possessing an APH permit.

(n) Certain hunts may be conducted totally or in part by regular permit. It is an offense to fail to comply with established permit requirements specifying whether a regular permit is required of all participants or required only of adult participants who do not possess an APH permit.

(o) Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit, a LPU permit, or Texas Conservation Passport (Gold or Silver).

(p)[(o)] Except for the Texas Conservation Passport, all access permits apply only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferrable to another person.

(q)[(p)] It is an offense if a person fails to obey the conditions of a permit issued under this subchapter.

§65.197. Reinstatement of Preference Points. Accrued preference points will be reinstated in the concerned hunt category for a selected applicant only if:

(1) payment of hunt permit fees has been made, but the scheduled hunt is unable to be conducted in its entirety or is canceled at the discretion of the department;

(2) the selected applicant was assigned a hunt category, hunt area, or hunt period other than was indicated on the application and does not participate in the hunt.

§65.198. Entry, Registration, and Checkout.

(a) It is an offense if a person:

(1) who does not possess a valid permit enters public hunting lands at a time when access is restricted only to persons possessing a valid permit;

(2) enters an area identified by boundary signs as a limited use zone, sanctuary, or restricted area and fails to obey the restrictions on public use posted at the area or as set forth in this subchapter; or

(3) on areas where on-site registration is required, fails to check in at a registration station and properly complete registration procedures before initiation of hunting, fishing, or non-consumptive use activities or fails to properly check out at the registration station before departing the area.

(b) Unless otherwise authorized in writing by the department or as provided in subsection (c) of this section, it is an offense if a person participating in a hunt conducted by special permit or totally or in part by [hunting under special or] regular permit fails to:

(1) check in at a designated check station prior to initiation of hunting activities; and

(2) check out at a designated check station or otherwise fails to allow inspection of the bag before leaving the area.

(c) The requirements of subsection (b) of this section may be waived for specific hunts as designated by order of the executive director or by direction of the hunt supervisor. Participation in regular permit hunts for which the check station requirement has been waived will be solely by APH permit.

(d) Access for non-consumptive use and fishing may be temporarily restricted while hunts are being conducted by special or regular permit or at times when ongoing research or management activities may be impacted.

§65.202. Minors Hunting on Public Lands.

(a) Youth participating in public hunts by special permit must be eight years of age or older at the time of the hunt.

(b) It is an offense for a minor to fail to be under the immediate supervision of a duly permitted and authorized supervising adult when hunting on public hunting lands. For a minor who has received hunter education certification, the requirement for immediate supervision is relaxed to the extent that the authorized supervising adult is required only to be present on the public hunting area. The authorized supervising adult is responsible for the actions and liability of the minor.

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

Issued in Austin, Texas, on


Committee Agenda Item No. 5
Exhibit A

Candidate Parks 2001-2002


Committee Agenda Item No. 6
Presenter: Joey Park

Regulations Committee
Action
Seventy-Seventh Legislative Overview
January 2001

I. DISCUSSION: Staff will brief the Commission on legislative procedures for the 77th Legislature, which convenes on January 9, 2001.


Committee Agenda Item No. 7
Presenter: John Herron

Regulations Committee
Action
Endangered, Threatened, and Protected Native Plant Regulations
January 2001

(This is Public Hearing Agenda Item No. 9.)


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