Presenter: Vernon Bevill

Commission Agenda Item No. 11
Action
2001-2002 Migratory Game Bird Proclamation
August 2001

I. Discussion: Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within U.S. Fish and Wildlife Service (Service) frameworks is delegated to the Commission under Chapter 64, Subchapter C, Parks and Wildlife Code. Also, Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking. Staff received permission from the Regulations Committee at its April 2001 meeting to publish the proposed regulations (located at Exhibit A) in the Texas Register for public comment. The proposed regulations appeared in the April 27, 2001 issue of the Texas Register (26 TexReg 3141 ). Staff has gathered and analyzed public comment, and a summary will be available at the time of the meeting. The U.S. Fish and Wildlife Service (Service) will issue regulatory frameworks for late-season species of migratory game birds in early August, and staff will apprise the commission of their impact upon the department's proposals.

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

“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.314, 65.317, 65.318, 65.320, and 65.321, concerning the Migratory Game Bird Proclamation, with changes to the proposed text (located at Exhibit A) as published in the April 27, 2001, issue of the Texas Register (26 TexReg 3141).”

Attachments - 2

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


Commission Agenda Item No. 11
Exhibit A

2001-2002 Migratory Gamebird Proclamation
Late Season Provisions

§65.317. Zones and Boundaries for Late Season Species.

(a) Ducks, mergansers, and coots.

(1) High Plains Mallard Management Unit: that portion of Texas lying west of a line from the international toll bridge at Del Rio, thence northward following U.S. Highway 277 to Abilene, State Highway 351 and State Highway 6 to Albany, and U.S. Highway 283 from Albany to Vernon, thence eastward along U.S. Highway 183 to the Texas-Oklahoma state line.

(2) North Zone: that portion of Texas not in the High Plains Mallard Management Unit but north of a line from the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to Interstate Highway 10 at San Antonio; thence east along Interstate Highway 10 to Interstate Highway 45 at Houston; thence southeast along Interstate Highway 45 to Texas State Highway 342, thence south along Texas State Highway 342 to the Gulf of Mexico [the Texas-Louisiana State Line].

(3) South Zone: the remainder of the state.

(b) Geese.

(1) Western Zone: that portion of Texas lying west of a line from the international toll bridge at Laredo, thence northward following IH 35 and 35W to Fort Worth, thence northwest along U.S. Highways 81 and 287 to Bowie, thence northward along U.S. Highway 81 to the Texas-Oklahoma state line.

(2) Eastern Zone: the remainder of the state.

(c) Sandhill cranes.

(1) Zone A: that portion of Texas lying west of a line beginning at the international toll bridge at Laredo, thence northeast along U.S. Highway 81 to its junction with Interstate Highway 35 in Laredo, thence north along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 at Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line.

(2) Zone B: that portion of Texas lying within boundaries beginning at the junction of U.S. Highway 81 and the Texas-Oklahoma state line, thence southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, thence southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, thence southwest along Interstate Highway 35 to its junction with Interstate Highway 10 in San Antonio, thence northwest along Interstate Highway 10 to its junction with U.S. Highway 83 in Junction, thence north along U.S. Highway 83 to its junction with U.S. Highway 62, 16 miles north of Childress, thence east along U.S. Highway 62 to the Texas-Oklahoma state line, thence south along the Texas-Oklahoma state line to the south bank of the Red River, thence eastward along the vegetation line on the south bank of the Red River to U.S. Highway 81.

(3) Zone C: the remainder of the state, except for the closed areas specified in paragraph (4) of this subsection.

(4) closed areas:

(A) that portion of the state lying east and north of a line beginning at the junction of U.S. Highway 81 and the Texas-Oklahoma state line, thence southeast along U.S. Highway 81 to its junction with U.S. Highway 287 in Montague County, thence southeast along U.S. Highway 287 to its junction with Interstate Highway 35W in Fort Worth, thence southwest along Interstate Highway 35 to its junction with U.S. Highway 290 East in Austin, thence east along U.S. Highway 290 to its junction with Interstate Loop 610 in Harris County, thence south and east along Interstate Loop 610 to its junction with Interstate Highway 45 in Houston, thence south on Interstate Highway 45 to State Highway 342, thence to the shore of the Gulf of Mexico, and thence north and east along the shore of the Gulf of Mexico to the Texas-Louisiana state line.

(B) that portion of the state lying within the boundaries of a line beginning at the Kleberg-Nueces county line and the shore of the Gulf of Mexico, thence west along the county line to Park Road 22 in Nueces County, thence north and west along Park Road 22 to its junction with State Highway 358 in Corpus Christi, thence west and north along State Highway 358 to its junction with State Highway 286, thence north along State Highway 286 to its junction with Interstate Highway 37, thence east along Interstate Highway 37 to its junction with U.S. Highway 181, thence north and west along U.S. Highway 181 to its junction with U.S. Highway 77 in Sinton, thence north and east along U.S. Highway 77 to its junction with U.S. Highway 87 in Victoria, thence south and east along U.S. Highway 87 to its junction with State Highway 35 at Port Lavaca, thence north and east along State Highway 35 to the south end of the Lavaca Bay Causeway, thence south and east along the shore of Lavaca Bay to its junction with the Port Lavaca Ship Channel, thence south and east along the Lavaca Bay Ship Channel to the Gulf of Mexico, and thence south and west along the shore of the Gulf of Mexico to the Kleberg-Nueces county line.

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

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

(A) High Plains Mallard Management Unit: October 20-22, 2001[21-23, 2000], and October 27, 2001-January 20, 2002[October 28, 2000-January 21, 2001].

(B) North Zone: October 27-28, 2001[28-29, 2000], and November 10, 2001-January 20, 2002[November 11, 2000-January 21, 2001].

(C) South Zone: October 27-November 25, 2001[October 28-November 26, 2000], and December 8, 2001-January 20, 2002[December 9, 2000-January 21, 2001].

(2) Geese.

(A) Western Zone.

(i) Light geese: October 27, 2001-February 10, 2002[October 28, 2000-February 11, 2001]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese: October 27, 2001-February 10, 2002[October 28, 2000-February 11, 2001]. The daily bag limit for dark geese is five, which may not include more than one white-fronted goose.

(B) Eastern Zone.

(i) Light geese: October 27, 2001-January 20, 2002[October 28, 2000-January 21, 2001]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese:

(I) White-fronted geese: October 27, 2001-January 20, 2002[October 28, 2000-January 21, 2001]. The daily bag limit for white-fronted geese is two.

(II) Canada geese and brant: October 27, 2001-January 29, 2002[October 28, 2000-January 21, 2001]. The daily bag limit is one Canada goose or one brant.

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

(A) High Plains Mallard Management Unit: October 13-14, 2001[October 14-15, 2000];

(B) North Zone: October 20-21, 2001[October 21-22, 2000]; and

(C) South Zone: October 20-21, 2001[October 21-22, 2000].

(4) Sandhill cranes. A free permit is required of any person to hunt sandhill cranes in areas where an open season is provided under this proclamation. Permits will be issued on an impartial basis with no limitation on the number of permits that may be issued.

(1) Zone A: November 10, 2001-February 10, 2002. The daily bag limit is three. The possession limit is six.

(2) Zone B: December 1, 2001-February 10, 2002. The daily bag limit is three. The possession limit is six.

(3) Zone C: December 29, 2001-February 3, 2002. The daily bag limit is two. The possession limit is four.

§65.320. Extended Falconry Season—Late Season Species.

(a) It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons. Ducks, coots, and mergansers:

(1) High Plains Mallard Management Unit: no extended season; and

(2) Remainder of the state: January 21-February 4, 2002 [January 22-February 5, 2001].

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

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

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

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

(B) electronic calling devices.

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

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

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

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

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

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

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

(iv) the date the birds were killed; and

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

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

(4) Early closures. The open season for the following species of migratory birds are closed until further notice as of sunset on the dates indicated:

(A) sandhill crane:

(i) Zones A and B [Zone A]: February 10, 2002 [February 11, 2001];

(ii) Zone [Zones B] and C: January 20, 2002 [January 21, 2002]; and

(B) light geese: Eastern Zone: January 20, 2002 [January 21, 20021].

(5) Special Light Goose Conservation Period.

(A) From January 21, 2002 [January 22, 2001] through March 31, 2002 [April 1, 2001], the take of light geese is lawful in the Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

(B) From February 12, 2002 [February 12, 2001] through March 31, 2002 [April 1, 2001], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).


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