Regulations Committee

Wednesday, 9:00 a.m., Jan. 16, 2002

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. Equine Anemia Regulations
Staff: Jerry Cooke
2
3. Cervid Disease Issues
Staff: Jerry Cooke
Committee Only
4. Statewide Oyster Fishery Proclamation Amendments
Staff: Robin Riechers
3
5. Statewide Hunting and Fishing Proclamation
Staff: Phil Durocher, Hal Osburn, Gary Graham
Committee Only
6. Public Lands Proclamation 2002-2003
Staff: Herb Kithmann
Committee Only
7. Standards for Qualification of Open Space Land Used for Wildlife Management
Staff: Kirby Brown
Committee Only
8. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Regulations Committee
Nobember 7, 2001

BE IT REMEMBERED that heretofore on the 7th day of November, 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 Parks and Wildlife Headquarters complex, Austin, Travis County, Texas, beginning at 9:35a.m. to-wit:

I. COMMISSION ATTENDANCE:

Katharine Armstrong Idsal, Chair
Ernest Angelo, Jr.
John Avila, Jr.
Joseph Fitzsimons
Alvin L. Henry
Donato D. Ramos
Carol E. Dinkins (absent)
Philip Montgomery (absent)
Mark E. Watson, Jr. (absent)

II. APPROVAL OF MINUTES: Approved with suggested amendment:

Amendment: Item #2 – April 1 date relates to Triple-T in the second paragraph

Motion: Commissioner Ramos

Second: Commissioner Henry

III. THE FOLLOWING ITEMS WERE PRESENTED FOR COMMITTEE ACTION:

1. CHAIRMAN’S CHARGES

The chair recognized Executive Director Andrew Sansom. Mr. Sansom informed the committee that two items on the agenda were in response to legislative direction, regulations concerning a closed season for crabbing and regulations concerning floating cabins. Mr. Sansom also noted that the department was conducting investigations of the shrimping industries as directed by sunset legislation.

2. CLOSED SEASON FOR CRAB TRAPS IN TEXAS COASTAL WATERS

The chair recognized Mr. Hal Osburn, director of the Coastal Fisheries Division. Mr. Osburn reviewed the background concerning abandoned crab traps and the granting of statutory authority to the department to create a closed season for crabbing in order to allow abandoned crab traps to be identified and removed. Mr. Osburn also provided information on the involvement of the regulated community and other concerned parties in formulating the regulatory response. Mr. Osburn then explained how the regulations would function and reviewed the public comment received by the department and the department's response. Commissioner Angelo inquired as to the extent of participation by the crabbing industry. Mr. Osburn replied that the crabbing industry was heavily involved during the legislative session. Commissioner Fitzsimons asked about negative aspects of a shorter closure. Mr. Osburn replied that a shorter closure would place cleanup operations at the mercy of the weather. Commissioner Fitzsimons placed the item on the agenda of the full commission for adoption.

3. FLOATING CABINS

The chair recognized Mr. Dennis Johnston, director of Marine Enforcement. Mr. Johnston began by providing background on the legislative action authorizing the department to regulate floating cabins in coastal waters. He then reviewed the public comment received by the department. Mr. Johnston continued by explaining the details of the regulatory package, noting the instances where public comment or staff analysis indicated the need for changes to the proposed rules. Chairman Idsal asked for a characterization of the cabins whose owners had not sought permits. Mr. Johnston replied that the majority seemed to be in disrepair or abandoned. Chairman Idsal then asked for an idea of why the number of permit applications had increased. Mr. Johnston replied that in his opinion, it was due to an increase in new cabins being built to beat the deadline. Commissioner Ramos inquired about the penalty for violation of the regulations. Mr. Johnston responded that a violation was a Class C misdemeanor, and the second violation was a Class B misdemeanor. Commissioner Ramos then asked if the department had authority to remove cabins found to be in violation. Mr. Johnston replied in the affirmative. Commissioner Henry asked Mr. Johnston to address the public response to the change in the minimum required distance between cabins Mr. Johnston replied that the response had been generally favorable. Commissioner Fitzsimons inquired about inspection of cabins following transfer of ownership. Mr. Johnston responded that the department was able to inspect cabins at any time for regulatory compliance. Commissioner Fitzsimons then asked about the required bond and if it would be sufficient to cover the department's expenses in removing a cabin. Mr. Johnston replied that it would not, and that the bond became available to the department only after the owner relinquished ownership of the cabin. Chairman Idsal asked Mr. Johnston to clarify that the bond was forfeited upon transfer of ownership, which Mr., Johnston did. Chairman Idsal asked why the statute did not provide for new owners. Mr. Johnston responded that he did not know. Commissioner Angelo asked about the fund to which the bond money would be deposited. Mr. Johnston noted that the money was required to be placed in a dedicated account. The committee then discussed the possibility of selling abandoned cabins as salvage as a way of recouping expenses in removing them. Mr. Johnston also clarified, upon a question from Commissioner Ramos, that when a cabin was a relocated, the owner relinquished any right to the previous location. Mr. Johnston also reviewed notification procedures, when asked by Commissioner Ramos. Commissioner Fitzsimons then noted for the record that a terminological distinction needed to be made in referring to the regulated community as permittees, rather than owners. He then placed the item on the agenda of the full commission for adoption.

4. POTENTIAL CHANGES TO THE STATEWIDE HUNTING AND FISHING PROCLAMATION

The chair recognized Mr. Phil Durocher, director of the Inland Fisheries Division. Mr. Durocher began by discussing the process by which his division developed regulations proposals, and then provided a technical explanation of the biological effects of harvest regulations on both the habitat and the resource within the context of strategies and goals for particular fisheries. He then addressed individual proposals, identifying the reasons and strategies for each.

The chair then recognized Mr. Hal Osburn, director of the Coastal Fisheries Division. Mr. Osburn provided background on the status of regulations on spotted sea trout, and the possibility of altering those rules to increase effective management. He reviewed the department's outreach efforts, the viewpoints of various segments of the regulated community, and the probable results of various permutations of the regulations with respect to the resource and the angling community. Commissioner Angelo asked for clarification on the possible elimination of bag limits for guides. Mr. Osburn did so.

The chair then recognized Mr. Gary Graham, director of the Wildlife Division, who in turn introduced Mr. Jerry Cooke, chief of the Game Branch. Mr. Cooke began by detailing regulations regarding closed seasons in certain state-owned riverbeds and their repeal. He then proceeded to other potential changes involving proof of sex, use of dogs, and changes to seasons, bag limits, and permit privileges with respect to white-tailed deer and turkey. Commissioner Ramos inquired asked about changes to regulations extending the antlerless harvest in certain Panhandle counties. Mr. Cooke replied that it was not so much of an expansion as it was a rewording of regulatory language to ensure that the Thanksgiving weekend was included, which would mean slight variations in season length from year to year. Commissioner Fitzsimons asked about the nature of harvest records maintained by hunting cooperatives in counties possibly being affected by new buck regulations. Mr. Cooke replied that he would have to speak to field personnel. Commissioner Angelo commented that groups from the affected counties felt that the regulation was needed due to small average size of land ownership.

5. CHAPTER 58 RULE REVIEW AND STATEWIDE SHRIMP FISHERY PROCLAMATION REVIEW

The chair recognized Mr. Hal Osburn, director of the Coastal Fisheries Division. Mr. Osburn began by addressing the status of a rule review mandated by legislative action and various changes to shrimping regulations. Mr. Osburn then reviewed public comment with respect to both items. Commissioner Fitzsimons asked about the timetable for the shrimp fishery study. Mr. Osburn replied that staff was on schedule for completion by the September 2002 deadline and addressed the various efforts that were underway. Commissioner Henry inquired about details concerning staff actions to ensure that industry input was adequately solicited and addressed, which Mr. Osburn provided. An extended discussion on the details of the staff study ensued, involving Mr. Osburn, Mr. Sansom, and Commissioners Henry, Fitzsimons, and Ramos. Commissioner Fitzsimons then placed the item on the agenda of the commission for adoption.

6. CHAPTER 58 RULE REVIEW AND STATEWIDE OYSTER FISHERY PROCLAMATION AMENDMENTSREVIEW

The chair recognized Mr. Robin Riechers, management director of the Coastal Fisheries Division. Mr. Riechers addressed the results of the legislatively mandated rule review of oyster regulations and the regulatory changes to oyster rules required by other legislative action. He provided economic and technical data regarding oyster leases and the oyster industry, and the expected ramifications of department regulatory action. Commissioner Henry asked if the staff proposal adequately addressed the concerns of the legislature. Mr. Riechers responded that staff had formulated the rule changes based on specific recommendations of the legislature, and provided a technical explanation of each point. Commissioner Fitzsimons asked for historical data concerning oyster lease prices, which Mr. Riechers provided. Chairman Idsal and Commissioner Angelo asked about the department's ability to increase fees as warranted in the future. Mr. Riechers replied that statutory authority provided for that action, adding that prior to the most recent legislative action, the fees had been set by the legislature, rather than by the commission. A discussion on the mechanics of adjusting lease fees then took place among Chairman Idsal, Commissioners Henry, Angelo, Fitzsimons, and Ramos, and Mr. Riechers. Commissioner Fitzsimons authorized staff to publish the proposed rules in the Texas register for public comment.

7. EQUINE ANEMIA REGULATIONS

The chair recognized Jerry Cooke, chief of the Game Branch in the Wildlife Division. Mr. Cooke informed the committee of the possibility of equines being exposed to equine infectious anemia on state parks and wildlife management areas, and a staff proposal to require all persons bringing equines to public lands to possess proof of a negative test for the disease. Chairman Idsal asked if there had been any instances of equines being infected as a consequence of visitation to department lands. Mr. Cooke replied that he was not aware of any. Commissioner Fitzsimons commented that he had received correspondence from equine users asking for the regulations. Commissioner Henry inquired about applicability to things such as department-sponsored trail rides. Mr. Cooke replied that regulations could only be enforced on department lands, but that rules of the Texas Animal Health Commission would apply in cases such as that noted by the commissioner. Commissioner Fitzsimons authorized staff to publish the proposed rules in the Texas register for public comment.

8. TEXAS CERVID DISEASE ISSUES

The chair recognized Jerry Cooke, chief of the Game Branch in the Wildlife Division. Mr. Cooke provided a technical discussion of diseases affecting native deer, epidemiology, historical instances of disease outbreaks, issues concerning deer imported to Texas from other states, and Texas regulations concerning deer diseases. Commissioner Angelo asked if the commission had the authority to ban the importation of deer. Mr. Cooke replied in the affirmative. Commissioner Fitzsimons asked about required interagency coordination with other state agencies. Mr. Cooke responded that the commission could act unilaterally. Chairman Idsal asked about regulations in other states. Mr. Cooke responded that he would research the topic and report back, if the Chairman so desired. Commissioner Watson commented that he felt the importation of deer into Texas was unnecessary and potentially dangerous to native herds, and was in favor of banning it. Commissioner Fitzsimons noted that the commission had no authority to regulate exotic cervids, which is in the purview of the Texas Animal Health Commission (TAHC), and asked Mr. Cooke what that agency was doing. Mr. Cooke replied that the TAHC was concerned, and that the department was in regular contact with TAHC about the subject. Commissioner Ramos asked for clarification on the current legal requirements for imported deer, which Mr. Cooke supplied. Commissioner Fitzsimons asked about various testing protocols and requirements of the federal government, which Mr. Cooke provided. Commissioner Fitzsimons commented that perhaps the commission should look into the subject. Commissioner Ramos commented that he agreed with Commissioner Watson's views. The committee asked that staff consult with TAHC and report back on potential regulatory action at the January commission meeting.

IV. ADJOURNMENT: Session ends – 11:45am


Committee Agenda Item No. 1

Regulations Committee
Chairman's Charges
January 2002

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Jerry Cooke

Regulations Committee
Equine Anemia Regulations
January 2002

(This is Public Hearing Agenda Item No. 2 .)


Committee Agenda Item No. 3
Presenter: Jerry Cooke

Regulations Committee
Cervid Disease Issues
January 2002

I. DISCUSSION: The high visibility of Chronic Wasting Disease (CWD), Tuberculosis (TB) etc. in the news media has led to an increasing public awareness of their potential threat to the wild deer resources in Texas. Recent actions by the Texas Animal Health Commission (TAHC) in prohibiting the importation of elk, white-tailed deer, mule deer, and black-tailed deer from the State of Colorado highlight the importance of cervid diseases to livestock raisers in Texas. Because the Parks and Wildlife Commission regulates possession of white-tailed deer and mule deer held under Scientific Breeder Permits, there are rules that can be adopted by the Parks and Wildlife Commission to assist the TAHC in their efforts. For example, statute requires deer that are “sold, bartered, or exchanged or offered for sale, barter, or exchange” be in a “healthy condition.” Defining “healthy condition” within the context of TAHC monitoring and testing programs would constitute such assistance.

Attachment - 1

1. Exhibit A - Scientific Breeder Proclamation


Exhibit A

Scientific Breeder Permits
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.601 and 65.611, concerning Scientific Breeder's Permits. The amendment to §65.601, concerning Definitions, would add a definition of the term 'healthy condition.' The amendment is necessary to define the characteristics of deer that may be lawfully sold, offered for sale, transported, temporarily relocated, or released to the wild in this state. The amendment to §65.611, concerning Prohibited Acts, would make it an offense for any person to sell, offer for sale, transport, temporarily relocate, or release into the wild a deer that is not in a healthy condition. The amendment is necessary to prevent the transmission of disease to wild populations of deer from deer possessed under a scientific breeder permit.

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 and local governments as a result of enforcing or administering the rules.

3. Public Benefit - Cost Note.

Mr. Macdonald has also 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 the protection of wild, native deer from communicable diseases introduced by deer imported into this state, thus ensuring the public of continued enjoyment of the resource.

(B) There will be an economic cost to small businesses, microbusinesses, and persons required to comply with the rules as proposed, consisting of the cost involved in having the tests required for herd certification performed. The test for chronic wasting disease is approximately $25 per deceased deer. The test for Tuberculosis Herd Accreditation is estimated at $150 (two farm calls by a veterinarian; the veterinarian receives the materials to perform the test from the Texas Animals Health Commission at no cost ), plus any additional veterinary charge, which will vary, depending on the veterinarian.

(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 not impact local economies.

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

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Jerry Cooke, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4774 or 1-800-792-1112 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, Chapter 43, Subchapter L, which authorizes the Parks and Wildlife Commission to establish regulations governing the possession of white-tailed and mule deer for scientific, management, and propagation purposes.

The proposed rules affect Parks and Wildlife Code, Chapter 43, Subchapter L.

§65.601. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code.

(1) Authorized agent—An individual designated by the permittee to conduct activities on behalf of the permittee. For the purposes of this subchapter, the terms 'scientific breeder' and 'permittee' include authorized agents.

(2) Certified Wildlife Biologist—A person not employed by the department who has been certified as a wildlife biologist by The Wildlife Society, or who:

(A) has been awarded a bachelor's degree or higher in wildlife science, wildlife management, or a related educational field; and

(B) has not less than five years of post-graduate experience in research or wildlife management associated with white-tailed deer or mule deer within the past 10 years.

(3) Common Carrier—Any licensed firm, corporation or establishment which solicits and operates public freight or passenger transportation service or any vehicle employed in such transportation service.

(4) Deer—White-tailed deer of the species Odocoileus virginianus or mule deer of the species Odocoileus hemonius.

(5) Facility—One or more enclosures, in the aggregate and including additions, that are the site of scientific breeding operations under a single scientific breeder's permit.

(6) Healthy Condition – deer possessed under a Scientific Breeder permit are in a healthy condition if the scientific breeder possessing the deer also possesses:

(A) proof of a current, valid herd health plan for the deer within the scientific breeder facility approved by Texas Animal Health Commission; or

(B) proof that the Texas Animal Health Commission has certified the deer within the scientific breeder facility with a Chronic Wasting Disease Complete Monitored Herd status no less stringent than Level A under the provisions of 4 TAC Chapter 40 (relating to Chronic Wasting Disease); and

(C) proof that Texas Animal Health Commission has certified the deer within the scientific breeder facility with a Tuberculosis Herd Accreditation status no less stringent than “Surveyed Herd” under the provisions of 4 TAC Chapter 40, Subchapter C (relating to Eradication of Tuberculosis in Cervidae).

(7)[(6)] Propagation—The holding of captive deer for reproductive purposes.

(8)[(7)] Sale—The transfer of possession of deer for consideration and includes a barter and an even exchange.

(9)[(8)] Scientific—The accumulation of knowledge, by systematic methods, about the physiology, nutrition, genetics, reproduction, mortality and other biological factors affecting deer.

(10)[(9)] Serial Number—A permanent number assigned to the scientific breeder by the department.

(11)[(10)] Unique number—A four-digit alphanumeric identifier used by the department to track the ownership of a specific deer. Unique numbers may be assigned by the department or by the permittee. If the permittee chooses to assign the unique numbers, each deer must be tattooed with the permittee's serial number in one ear and the unique number in the other ear. No two deer shall share a common unique number.

§65.611. Prohibited Acts.

(a) Deer obtained from the wild under the authority of a permit or letter of authority issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, or R shall not be commingled with deer held in a permitted scientific breeder facility.

(b) A person commits an offense if that person places or holds deer in captivity at any place or on any property other than property for which a scientific breeder's permit, or a permit authorized under other provisions of this title or Parks and Wildlife Code, is issued, except that a permittee may transport and temporarily hold deer at a veterinary facility for treatment.

(c) No live deer taken from the wild may be possessed under a scientific breeder's permit or held in a scientific breeder's facility.

(d) No deer shall be held in a trailer or other vehicle of any type except for the purpose of immediate transportation from one location to another.

(e) Possession of a scientific breeder's permit is not a defense to prosecution under any statute prohibiting abuse of animals.

(f) No scientific breeder shall hunt or kill, or allow the hunting or killing of deer held pursuant to this subchapter.

(g) No scientific breeder shall exceed the number of deer allowable for the permitted facility, as specified by the department on the scientific breeder's permit.

(h) No person may sell deer, offer deer for sale, transport deer (except as provided in §65.610(a)(5) of this title (relating to Transport of Deer and Transport Permit)), temporarily relocate deer, or release deer into the wild in this state if the deer are in not in a healthy condition as defined in §65.601 of this title (relating to Definitions).

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. 4
Presenter: Robin Riechers

Regulations Committee
Statewide Oyster Fishery Proclamation Amendments
January 2002

(This is Public Hearing Agenda Item No. 3 .)


Committee Agenda Item No. 5
Presenters: Phil Durocher, Hal Osburn, Gary Graham

Regulations Committee
Statewide Hunting and Fishing Proclamation
January 2002

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.

Attachment - 1
1. Exhibit A - Proposed Statewide Hunting and Fishing Proclamation for 2002-2003


Exhibit A

2002-2003 Statewide Hunting and Fishing Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes new §65.7 and amendments to §§65.3, 65.9, 65.10, 65.19, 65.26, 65.28, 65.29, 65.42, 65.64, and 65.72, concerning the Statewide Hunting and Fishing Proclamation.

The amendment to §65.1, concerning Definitions, adds a new definition of ‘antler point.’ The amendment is necessary to enforce the provisions of §65.42(b)(5)(F)(iv), which are amended in this rulemaking to restrict buck harvest in certain counties.

New §65.7, concerning Harvest Log for Deer, creates a requirement for hunters to record certain information on the hunting license, which will be necessary because the department will introduce a new and simplified license format for the next license year.

The amendment to §65.9, concerning Open Seasons: General Rules eliminates the closed season for game animals and game birds in state-owned riverbeds in Dimmit, Uvalde and Zavala counties. The amendment is necessary pursuant to House Bill 1, 75th Legislature, Regular Session, 1997, which directs each state agency to perform a review of all regulations not less than every four years and to justify the continuance of each rule. The original justification for the closed seasons in those areas no longer exists.

The amendment to §65.10, concerning Possession of Wildlife Resources, alters the proof-of-sex stipulations for white-tailed deer by eliminating the requirement that the head remain unskinned. The amendment is necessary to make the regulation more user-friendly while still preserving enforcement efficiency.

The amendment to §65.19, concerning Hunting Deer with Dogs, allows not more than two dogs to be used to trail wounded deer in 10 northeast-Texas counties. The amendment is necessary because the department has determined that the practice of hunting deer with dogs (i.e., the use of dogs to hunt deer, rather than track wounded deer), which originally prompted the ban on the use of dogs, has declined in the named counties to the point that the regulation is no longer required.

The amendment to §65.26, concerning Managed lands Deer Permits, makes nonsubstantive changes to clarify the intent of the regulation. The amendment makes plain that bucks may be taken by means of archery on Level II MLD properties during the archery season, although an MLD buck permit is required, and makes clear that the term ‘appropriate tag’ means a tag that is appropriate for the sex of the deer that has been taken (i.e., a buck tag can only be used on a buck deer, and an antlerless tag can only be used on an antlerless deer).

The amendment to §65.28, concerning Landowner Assisted Permit System (LAMPS), adds clarifying language to make it clear that no LAMPS permit is required for antlerless deer legally killed on a LAMPS property by lawful archery equipment during a archery-only season. The amendment is necessary to prevent confusion.

The amendment to §65.29, concerning Bonus Tags, makes nonsubstantive changes to clarify the intent of the regulation. The amendment makes clear that the term ‘appropriate tag’ means a tag that is appropriate for the sex of the deer that has been taken (i.e., a buck tag can only be used on a buck deer, and an antlerless tag can only be used on an antlerless deer).

The amendment to §65.42, concerning Deer, consists of several actions, as follows. The amendment adds clarifying language in certain subsections, as necessary, to denote the counties and portions of counties where antlerless deer may be taken without antlerless permits. The provision is necessary because Parks and Wildlife Code, §61.057, states that a proclamation allowing the hunting of antlerless deer without a permit must be specific as to the county or portion of a county to which it applies. The amendment also increases the number of ‘doe days’ in 17 Panhandle counties from 16 to 30. The revision is necessary because department investigations indicate that antlerless harvest in the affected counties is very conservative despite the current harvest opportunity and the populations could easily sustain considerably more harvest. The amendment further clarifies that all hunting in Grayson County, including MLD properties, is by archery only. The clarification is necessary to eliminate confusion concerning the applicability of countywide restrictions to MLD properties. The amendment also creates a special regulation restricting the take of buck deer in six south-central counties. The revision is necessary to reduce hunting pressure in order to manage the age structure of the buck segment of the deer herd in the affected counties. Finally, the amendment alters the late youth-only deer season to require antlerless permits for the take of antlerless deer in counties where permits are required during any part of the general season open season. The revision is necessary to prevent depletion of the doe segment of the deer herd in counties where doe harvest has been restricted.

The amendment to §65.64, concerning Turkey, establishes a Fall season for Rio Grande turkey in Hill County and opens a standard Spring season for Eastern turkey in five additional counties. The amendment is necessary to implement commission policy to provide additional hunting opportunity whenever biological data indicate that it can be done without threat of depletion or waste.

The amendment to §65.72, concerning Fish, consists of several actions.

Harvest regulations for sunfish on Purtis Creek State Park Lake would change from a 7-inch minimum length limit and a 25 fish per day bag limit to no minimum length limit and no daily bag limit. The change is necessary to improve consistency of regulations.

Harvest regulations for largemouth bass on Gibbons Creek Reservoir would change from catch-and-release only (with the exception that a largemouth bass greater than 21 inches can be weighed at a lakeside weigh station then immediately released or donated to the ShareLunker program) to a 14-24 inch slot length limit and a five fish daily bag of which only one fish 24 inches or greater may be harvested per day. The change is necessary to allow some harvest of smaller stock size bass as well as trophy largemouth bass.

Change harvest regulations for largemouth bass on Brushy Creek Lake from a 14-inch minimum length limit and a 5 fish daily bag limit to an 18-inch minimum length limit and five fish daily bag limit. The change is necessary to protect 14-18 inch bass from being over harvested, thereby preventing a decrease in the quality of the fishery when the park is opened to the public.

Change harvest regulations for red drum on Coleto Creek Reservoir from a 20-28-inch reverse slot limit (fish between 20 and 28 inches can be harvested) and a three fish daily bag limit to a 20-inch minimum length limit and a three fish daily bag limit. The change is necessary to allow fish to reach a harvestable size and spread the resource among more anglers.

Change harvest regulations for largemouth bass on Lake Alan Henry from an 18-inch minimum length limit to no minimum length limit, but allowing only two largemouth bass less than 18 inches to be harvested, while continuing a daily bag limit for the three bass species in the reservoir (largemouth, smallmouth, and spotted) of five bass in any combination. The change is necessary to reduce the overall abundance of largemouth bass, resulting in an increased growth rates and condition of the largemouth bass population.

Change harvest regulations for largemouth bass on Lake Proctor from the 14-inch minimum length to a 16-inch minimum length limit. The change is necessary to enhance largemouth bass fishing and provide more and larger bass for a longer period of time.

Change harvest regulations for largemouth bass on Possum Kingdom Lake from the current 14-inch minimum length to a 16-inch minimum length limit. The change is necessary to provide protection for future brood fish in the population after the negative impacts of last spring’s golden algae outbreak.

Implement a requirement for all fish landed from Texas public waters to conform Texas size and bag limits. The change is necessary to address concerns about over harvest of fish in Sabine Lake caught under Louisiana regulations.

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 the dispensation of the agency’s statutory duty to protect and conserve the wildlife resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunity within the precepts of sound biological management practices.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

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

4. Request for Public Comments.

Comments on the proposed rules may be submitted by phone (area code 512) or e-mail to Robert Macdonald (Wildlife 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us), Ken Kurzawski (Inland Fisheries 389-4591; e-mail: ken.kurzawski@tpwd.state.tx.us), Paul Hammerschmidt (Coastal Fisheries 389-4650; e-mail: paul.hammerschmidt@tpwd.state.tx.us), David Sinclair (Wildlife Enforcement 389-4854; e-mail: david.sinclair@tpwd.state.tx.us), or Larry Young (Fisheries Enforcement 389-4628; e-mail: larry.young@tpwd.state.tx.us), 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 provides the Commission with authority to establish wildlife resource regulations for this state.

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

§65.3. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this chapter shall have the meanings assigned in the Texas Parks and Wildlife Code.

(1) Agent—A person authorized by a landowner to act on behalf of the landowner. For the purposes of this chapter, the use of the term "landowner" also includes the landowner's agent.

(2) Annual bag limit—The quantity of a species of a wildlife resource that may be taken from September 1 of one year to August 31 of the following year.

(3) Antlerless deer—A deer having no hardened antler protruding through the skin.

(4) Antler point—A tine, including the tips of the main beams, that extends at least one inch from a main beam or another tine.

(5)[(4)] Artificial lure—Any lure (including flies) with hook or hooks attached that is man-made and is used as a bait while fishing.

(6)[(5)] Bait—Something used to lure any wildlife resource.

(7)[(6)] Baited area—Any area where minerals, vegetative material or any other food substances are placed so as to lure a wildlife resource to, on, or over that area.

(8)[(7)] Bearded hen—A female turkey possessing a clearly visible beard protruding through the feathers of the breast.

(9)[(8)] Buck deer—A deer having a hardened antler protruding through the skin.

(10)[(9)] Cast net—A net which can be hand-thrown over an area.

(11)[(10)] Coastal waters boundary—All public waters east and south of the following boundary are considered coastal waters: Beginning at the International Toll Bridge in Brownsville, thence northward along U.S. Highway 77 to the junction of Paredes Lines Road (F.M. Road 1847) in Brownsville, thence northward along F.M. Road 1847 to the junction of F.M. Road 106 east of Rio Hondo, thence westward along F.M. Road 106 to the junction of F.M. Road 508 in Rio Hondo, thence northward along F.M. Road 508 to the junction of F.M. Road 1420, thence northward along F.M. Road 1420 to the junction of State Highway 186 east of Raymondville, thence westward along State Highway 186 to the junction of U.S. Highway 77 near Raymondville, thence northward along U.S. Highway 77 to the junction of the Aransas River south of Woodsboro, thence eastward along the south shore of the Aransas River to the junction of the Aransas River Road at the Bonnie View boat ramp; thence northward along the Aransas River Road to the junction of F.M. Road 629; thence northward along F.M. Road 629 to the junction of F.M. Road 136; thence eastward along F.M. Road 136 to the junction of F.M. Road 2678; then northward along F.M. Road 2678 to the junction of F.M. Road 774 in Refugio, thence eastward along F.M. Road 774 to the junction of State Highway 35 south of Tivoli, thence northward along State Highway 35 to the junction of State Highway 185 between Bloomington and Seadrift, thence northwestward along State Highway 185 to the junction of F.M. Road 616 in Bloomington, thence northeastward along F.M. Road 616 to the junction of State Highway 35 east of Blessing, thence southward along State Highway 35 to the junction of F.M. Road 521 north of Palacios, thence northeastward along F.M. Road 521 to the junction of State Highway 36 south of Brazoria, thence southward along State Highway 36 to the junction of F.M. Road 2004, thence northward along F.M. Road 2004 to the junction of Interstate Highway 45 between Dickinson and La Marque, thence northwestward along Interstate Highway 45 to the junction of Interstate Highway 610 in Houston, thence east and northward along Interstate Highway 610 to the junction of Interstate Highway 10 in Houston, thence eastward along Interstate Highway 10 to the junction of State Highway 73 in Winnie, thence eastward along State Highway 73 to the junction of U.S. Highway 287 in Port Arthur, thence northwestward along U.S. Highway 287 to the junction of Interstate Highway 10 in Beaumont, thence eastward along Interstate Highway 10 to the Louisiana State Line. The waters of Spindletop Bayou inland from the concrete dam at Russels Landing on Spindletop Bayou in Jefferson County; public waters north of the dam on Lake Anahuac in Chambers County; the waters of Taylor Bayou and Big Hill Bayou inland from the saltwater locks on Taylor Bayou in Jefferson County; Lakeview City Park Lake, West Guth Park Pond, and Waldron Park Pond in Nueces County; Galveston County Reservoir and Galveston State Park ponds #1-7 in Galveston County; Lake Burke-Crenshaw and Lake Nassau in Harris County; Fort Brown Resaca, Resaca de la Guerra, Resaca de la Palma, Resaca de los Cuates, Resaca de los Fresnos, Resaca Rancho Viejo, and Town Resaca in Cameron County; and Little Chocolate Bayou Park Ponds #1 and #2 in Calhoun County are not considered coastal waters for purposes of this subchapter.

(12)[(11)] Community fishing lake—All public impoundments 75 acres or smaller located totally within an incorporated city limits or a public park, and all impoundments of any size lying totally within the boundaries of a state park.

(13)[(12)] Crab line—A baited line with no hook attached.

(14)[(13)] Daily bag limit—The quantity of a species of a wildlife resource that may be lawfully taken in one day.

(15)[(14)] Day—A 24-hour period of time that begins at midnight and ends at midnight.

(16)[(15)] Dip net—A mesh bag suspended from a frame attached to a handle.

(17)[(16)] Final processing—the cleaning of a dead wildlife resource for cooking or storage purposes.

(18)[(17)] Fish—

(A) Game fish—Blue catfish, blue marlin, broadbill swordfish, brown trout, channel catfish, cobia, crappie (black and white), flathead catfish, Guadalupe bass, king mackerel, largemouth bass, longbill spearfish, pickerel, red drum, rainbow trout, sailfish, sauger, sharks, smallmouth bass, snook, Spanish mackerel, spotted bass, spotted seatrout, striped bass, tarpon, wahoo, walleye, white bass, white marlin, yellow bass, and hybrids or subspecies of the species listed in this subparagraph.

(B) Non-game fish—All species not listed as game fish, except endangered and threatened fish, which are defined and regulated under separate proclamations.

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

(20)[(19)] 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.

(21)[(20)] 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."

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

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

(24)[(23)] 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 and crab traps, the date the device was set out.

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

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

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

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

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

(30)[(29)] 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.

(31)[(30)] 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.

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

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

(34)[(33)] 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.

(35)[(34)] 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.

(36)[(35)] 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.

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

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

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

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

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

(42)[(41)] 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.

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

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

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

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

(47)[(46)] 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.

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

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

§65.7. Harvest Log for Deer.

(a) A person who kills a white-tailed deer shall complete, in ink, the harvest log on the back of the hunting license immediately upon kill.

(b) Completion of the harvest log is not required for deer taken under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits) and/or provisions of §65.29 of this title (relating to Bonus Tags).

§65.9. Open Seasons: General Rules.

(a) There is no open season on game animals or game birds on public roads and highways or [,] the right-of-way of public roads and highways[; or in any state-owned riverbed in Dimmit, Uvalde, and Zavala counties].

(b) No antlerless deer permit is required to take an antlerless deer during the archery-only open season, except on lands for which Managed Lands Deer permits have been issued.

(c) The hunting of roosting turkey is unlawful.

§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. Proof of sex is as follows:

(1) turkey (in a county where the bag composition is restricted to gobblers and/or bearded hens):

(A) male turkey:

(i) one leg, including the spur, attached to the bird; or

(ii) the bird, accompanied by a patch of skin with breast feathers and beard attached.

(B) female turkey taken during the fall season: the bird, accompanied by a patch of skin with breast feathers and beard attached.

(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 leg, including the spur, attached to the bird 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.

(3) The wildlife resource document must contain the following information:

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

(B) the name of the person receiving the wildlife resource;

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

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

(E) 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.

§65.19. Hunting Deer With Dogs.

(a) It is unlawful to use a dog or dogs in hunting, pursuing, or taking deer in all counties.

(b) It is lawful to use not more than two dogs in trailing a wounded deer in all counties, except in Angelina, [Bowie, Camp, Fannin, Franklin,] Hardin, Harris, Harrison, Houston, Hunt, Jasper, Jefferson, [Lamar,] Liberty, Montgomery, [Morris,] Nacogdoches, Newton, Orange, Panola, Polk, [Red River, Rockwall,] Rusk, Sabine, San Augustine, San Jacinto, Shelby, [Titus,] Trinity, Tyler, Walker, and Washington[, and Wood] counties, where dogs shall not be used to trail wounded deer.

§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). In the case that a landowner is otherwise in fulfillment of the provisions of §65.25 of this title but does not have current survey data, the department may conditionally authorize partial issuance of MLD permits, not to exceed 30 per cent of the total MLD permits to be issued for that property during the affected license year, with the balance of MLD permits to be issued upon submission of the required survey data.

(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 during any 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 or [and] antlerless white-tailed deer as specified by the permit. [A Level 2 MLD:]

(i) A Level 2 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) A Level 2 buck permit is valid:

(I) for spike bucks taken by any lawful means and bucks taken by means of lawful archery equipment: 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; and

(II) for any buck, irrespective of means: 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 other than the archery-only 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)(8) of this title (relating to Archery-Only Open Season), §65.42(b)(9) 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)(8) of this title, §65.42(b)(9) of this title, 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.

(d) Except for deer taken under an Antlerless and Spike-Buck Control Permit, all deer harvested by MLD permit must immediately be tagged with an appropriate tag (i.e., buck tag for buck deer, antlerless tag for antlerless deer) from the hunting license of the person who killed the deer or a valid bonus tag. If an appropriate MLD permit is not attached immediately at the time of kill, the person who killed the deer shall immediately take the carcass to a location on the property where an appropriate MLD tag shall be attached.

(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.

§65.28. Landowner Assisted Management Permit System.

(a) A LAMPS recommendation specifies the number of antlerless deer to be harvested from a specific tract of land and is derived from acreage, habitat, population, and harvest data supplied by the landowner as specified by the department.

(b) The minimum contiguous acreage necessary for eligibility in the LAMPS program shall be determined on a county-by-county basis according to population trends and habitat.

(c) No LAMPS antlerless deer permit is required for a deer legally killed with lawful archery equipment during the archery-only open season.

(d) Except as provided by subsection (c) of this section, all [All] deer killed on a tract of land for which LAMPS permits have been issued shall be tagged with a valid LAMPS permit, and either an appropriate white-tailed deer tag from the hunting license of the person who killed the deer or a valid bonus tag.

§65.29. Bonus Tag.

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

(1) an appropriate, valid MLD permit (i.e., MLD buck tag for a buck deer or MLD antlerless tag for an antlerless deer);

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

(3) a [an appropriate,] valid Special Permit [(buck or antlerless)] issued by the department for a public hunt, in which case the bonus tag is valid:

(A) only at the location [on the property] specified on the permit;

(B) [and] only during the date and time specified on the permit; and

(C) only for the sex of deer (buck or antlerless) 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.

§65.42. 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), 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, Culberson, Jeff Davis, Pecos, Presidio, Reeves, Terrell, 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.

(C) No permit is required to hunt antlerless deer unless MLD permits have been issued for the tract of land.

(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.

(D) No permit is required to hunt antlerless deer unless MLD antlerless permits have been issued for the tract of land.

(3) In Aransas, Atascosa, Bee, Brooks, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, 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, Willacy, Zapata, and Zavala counties, there is a general open season.

(A) Open season: the first 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.

(D) No permit is required to hunt antlerless deer unless MLD antlerless permits have been issued for the tract of land.

(4) No person may take or attempt to take more than one buck deer per license year from the counties (or portions of 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). For counties appearing both in this paragraph and paragraph (5) of this subsection, the bag limit is one buck deer, irrespective of the portion of the county in which take or attempted take o

ccurs.

(A) The following counties are in the West Zone, except for Bell County, which is in the East Zone. In Archer, Baylor, Bell (west of Interstate 35), Bosque, Callahan, Clay, Comanche, Coryell, Eastland, Erath, Hamilton, Hood, Jack, Lampasas, Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Taylor, Throckmorton, 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) No permit is required to hunt antlerless deer unless MLD antlerless permits have been issued for the tract of land.

(B) The following counties are in the West Zone. 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.

(C) The following counties are in the West Zone. In Childress, Collingsworth, Cottle, Dickens, Donley, Garza, Gray, Hall, Haskell, Hemphill, Kent, King, Lipscomb, Motley, Roberts, Scurry, and Wheeler 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 opening day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLD antlerless permits have been issued for the tract of land. If MLD antlerless 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 permit.

(D) [(C)] The following counties are in the West Zone. 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.

(5) No person may take or attempt to take more than one buck deer per license year from the counties (or portions of 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). For counties appearing both in this paragraph and paragraph (4) of this subsection, the bag limit is one buck deer, irrespective of the portion of the county in which take or attempted take occurs.

(A) The following counties are in the East Zone. In Grayson, McLennan, and Williamson (west of IH 35) 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) No permit is required to hunt antlerless deer unless MLD antlerless permits have been issued for the tract of land.

(iv)[(iii)] Special regulation. In Grayson County:

(I) lawful means are restricted to lawful archery equipment and crossbows only, including MLD properties; and

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

(B) The following counties are in the East Zone. In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris, Jackson (south of U.S. Highway 59), Matagorda, Victoria (south of U.S. Highway 59), and Wharton (south of U.S. Highway 59) counties, there is a general open season.

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

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) During the first 23 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. If MLD permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 23 days, antlerless deer may be taken only by MLD antlerless permits.

(C) The following counties are in the East Zone. 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.

(D) The following counties are in the East Zone. 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. On National Forest lands, the take of antlerless deer shall be by permit only.

(E) The following counties are in the East Zone. 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, LAMPS, or Wildlife Management Area permits have been issued for the tract of land. On National Forest, Corps of Engineers, and Sabine River Authority lands, the take of antlerless deer shall be by permit only. 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.

(F) The following counties are in the East Zone. In Austin, Bastrop, Bell (east of Interstate 35), Caldwell, Colorado, Comal (east of Interstate 35), [Crane,] DeWitt, [Ector,] Ellis, Falls, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of Interstate 35), Jackson (north of U.S. Highway 59), Karnes, Kaufman, Lavaca, Lee, [Loving, Midland,] Milam, Travis (east of Interstate 35), [Upton (that portion located north of U.S. Highway 67; and that area located both south of U.S. Highway 67 and west of state highway 349),] Victoria (north of U.S. Highway 59), Waller, [Ward,] Washington, Wharton (north of U.S. Highway 59), Williamson (east of Interstate 35), and Wilson counties, there is a general open season.

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

(ii) Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii) Antlerless deer may be taken only by MLD antlerless permits.

(iv) Special regulation. In Austin, Colorado, Lavaca, Fayette, Lee, and Washington counties, no person may take a buck deer unless the deer meets one of the following criteria:

(I) one unbranched antler;

(II) one antler with at least six antler points; or

(III) a distance between the main antler beams of 13 inches or greater.

(G) The following counties are in the West Zone. In Crane, Ector, Loving, Midland, 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), and Ward 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, LAMPS, or Wildlife Management Area permits have been issued for the tract of land. On National Forest, Corps of Engineers, Sabine River Authority, and Trinity River Authority lands, the take of antlerless deer shall be by permit only. 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 archery-only or muzzleloader-only open season.

(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.

(C) No antlerless permit is required unless antlerless MLD permits have been issued for the property.

(9) Muzzleloader-only open seasons, and bag and possession limits shall be as follows. No antlerless permit is required unless antlerless MLD permits have been issued for the property.

(A) In Brewster, Culberson, Jeff Davis, Pecos, Presidio, Reeves, Terrell, 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 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.

(A) early open season: the Saturday and Sunday immediately before 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 clause (ii) of this subparagraph.

(ii) Provisions for the take of antlerless deer in the individual counties listed in paragraph (5)(E) 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.

(B) late [antlerless-only] open season: the third weekend (Saturday and Sunday) in January[, during which only antlerless deer may be taken]. The bag limit shall be as specified for [antlerless deer in] the county by paragraphs (1)-(6) of this subsection. In counties where the hunting of antlerless deer is by permit only during any portion of the general season, an antlerless permit is required for the take of antlerless deer during the season established by this subparagraph [and no TPW-issued permit is required]. This subparagraph does not apply:

(i) in counties where the general season, special late season, or muzzleloader-only season is open; or

(ii) on properties for which Level II or III MLD permits have been issued.

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

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

(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.

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

(1) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hutchinson, Kent, King, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Stonewall, and Swisher counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for 16 consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(2) In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, there is a general open season.

(A) Open season: last Saturday in November for 16 consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(3) In Andrews (west of U.S. Highway 385), Bailey, Cochran, Hockley, Lamb, Terry, and Yoakum counties, there is a general open season.

(A) Open season: Saturday before Thanksgiving for nine consecutive days.

(B) Bag limit: two deer, no more than one buck.

(C) Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(4) In all other counties, there is no general open season for mule deer.

(5) Archery-only open seasons and bag and possession limits shall be as follows. During an archery-only open season, deer may be taken only as provided for in §65.11(2) and (3) of this title (relating to Means and Methods). No antlerless permit is required unless MLD antlerless permits have been issued for the property.

(A) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Stonewall, Swisher, Upton, Val Verde, Ward, and Winkler counties, there is an open season.

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

(ii) Bag limit: one buck deer.

(B) In Brewster, Pecos, and Terrell counties, there is an open season.

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

(ii) Bag limit: two deer, no more than one buck.

(C) In all other counties, there is no archery-only open season for mule deer.

§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, Hill, 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 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 Saturday in November through the third Sunday in January.

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

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

(i) Open season: first 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.

(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 fall general open season.

(i) open season : the weekend (Saturday and Sunday) immediately preceding the first Saturday in November, and the third weekend (Saturday and Sunday) in January.

(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, Brazoria, Camp, Cass, Cherokee, Delta, Fannin, Fort Bend, Franklin, Grayson, Gregg, Harrison, Hopkins, Houston, Hunt, Jasper, Lamar, Marion, Matagorda, 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, Walker, Wharton, 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 subsection (b) or (c) of this section, the season is closed for hunting turkey.

§65.72. Fish.

(a) General rules.

(1) There are no public waters closed to the taking and retaining of fish, except as provided in this subchapter.

(2) Game fish may be taken only by pole and line, except as provided in this subchapter.

(3) It is unlawful:

(A) to take or attempt to take, or possess fish within a protected length limit, in greater numbers, by other means, or at any time or place, other than as permitted under this subchapter;

(B) while fishing on or in public waters to have in possession fish in excess of the daily bag limit or fish within a protected length limit as established for those waters;

(C) to transport by boat or to land on the mainland, a peninsula, or barrier island of this state any fish within a protected length limit, or in excess of the daily bag limit or possession limit established for those fish;

(D) to use game fish or any part thereof as bait;

(E)[(D)] to possess a finfish of any species, except broadbill swordfish, shark or king mackerel, taken from public water that has the head or tail removed until such person finally lands the catch on the mainland, a peninsula, or barrier island not including jetties or piers and does not transport the catch by boat;

(F)[(E)] to use airboats or jet-driven devices to pursue and harass or harry fish; or

(G)[(F)] to release into the public waters of this state a fish with a device or substance implanted or attached that is designed, constructed or adapted to produce an audible, visual, or electronic signal used to monitor, track, follow, or in any manner aid in the location of the released fish.

(4) Finfish tags: Prohibited Acts.

(A) No person may purchase or use more finfish (red drum or tarpon) tags during a license year than the number and type authorized by the commission, excluding duplicate tags issued under Parks and Wildlife Code, §46.006.

(B) It is unlawful to:

(i) use the same finfish tag for the purpose of tagging more than one finfish;

(ii) use a finfish tag in the name of another person;

(iii) use a tag on a finfish for which another tag is specifically required;

(iv) catch and retain a finfish required to be tagged and fail to immediately attach and secure a tag, with the day and month of catch cut out, to the finfish at the narrowest part of the finfish tail, just ahead of the tail fin;

(v) have in possession both a Red Drum Tag and a Duplicate Red Drum Tag issued to the same license or salt water stamp holder;

(vi) have in possession both a Red Drum Tag or a Duplicate Red Drum Tag and a Bonus Red Drum Tag issued to the same license or salt water stamp holder;

(vii) have in possession both an Exempt Red Drum Tag and a Duplicate Exempt Red Drum Tag issued to the same license holder; or

(viii) have in possession both an Exempt Red Drum Tag or a Duplicate Exempt Red Drum Tag and a Bonus Red Drum Tag issued to the same holder.

(5) Commercial fishing seasons.

(A) The commercial seasons for finfish species listed in this paragraph and caught in Texas waters shall run concurrently with commercial seasons established for the same species caught in federal waters of the Exclusive Economic Zone (EEZ).

(B) The commercial fishing season in the EEZ will be set by the National Marine Fisheries Service for:

(i) red snapper under guidelines established by the Fishery Management Plan for Reef Fish Resources for the Gulf of Mexico;

(ii) king mackerel under guidelines established by the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; and

(iii) sharks (all species, their hybrids and subspecies) under guidelines established by the Fishery Management Plan for Highly Migratory Species).

(C) When federal and/or state waters are closed, it will be unlawful to:

(i) purchase, barter, trade or sell finfish species listed in this paragraph landed in this state;

(ii) transfer at sea finfish species listed in this paragraph caught or possessed in the waters of this state; and

(iii) possess finfish species listed in this paragraph in excess of the current recreational bag or possession limit in or on the waters of this state.

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

(b) Bag, possession, and length limits.

(1) The possession limit does not apply to fish in the possession of or stored by a person who has an invoice or sales ticket showing the name and address of the seller, number of fish by species, date of the sale, and other information required on a sales ticket or invoice.

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

(A) Possession limits are twice the daily bag limit on game and non-game fish except as provided in these rules.

(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 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.      

Attached Graphic

(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), Possum Kingdom (Palo Pinto), Proctor (Comanche), and Ratcliff (Houston). 5 16  
Lakes Brushy Creek (Williamson), Fairfield (Freestone), Jacksonville (Cherokee), Cleburne State Park (Johnson), Meridian State Park (Bosque), San Augustine City (San Augustine), Calaveras (Bexar), 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.
Lakes Alan Henry (Garza) and 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 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), Gibbons Creek Reservoir (Grimes), 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), 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), Coleto Creek Reservoir (Goliad and Victoria), 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  

Attached Graphic

(ii) Bag and possession limits for black drum and sheepshead do not apply to the holder of a valid Commercial Finfish Fisherman's License.

(c) (No change.)

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

Issued in Austin, Texas, on


Committee Agenda Item No. 6
Presenter: Herb Kothmann

Regulations Committee
Amendments to the Public Lands Proclamation
Candidate State Parks for Public Hunting
January 2002

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 2002-2003 Public Hunts, names the units of the state park system to be considered for public hunts during 2002-2003 season.

Attachments – 2

1. Exhibit A - Proposed Amendments to the Public Lands Proclamation
2. Exhibit B - Candidate State Parks for 2002-2003 Public Hunts


Exhibit A

Public Lands Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.191, 65,193, and 65.194, concerning the Public Lands Proclamation. The amendment to §65.191, concerning Definitions, removes references to fee amounts, which are redundant since fees are established in 31 TAC Chapter 53. The amendment also removes an exception for users of a Limited Public Use permit who hunt under certain circumstances on U.S. Forest Service lands. The amendment is necessary to remove all references to fees in order to locate all fee information in another chapter, and to standardize permit privileges on all public hunting lands.

The amendment to §65.193, concerning Access Permit Required and Fees, removes references to fee amounts, which are redundant since fees are established in 31 TAC Chapter 53. The amendment also removes an exception for users of a Limited Public Use permit who hunt under certain circumstances on U.S. Forest Service lands. The amendment is necessary to remove all references to fees in order to locate all fee information in another chapter, and to standardize permit privileges on all public hunting lands.

The amendment to §65.194, concerning Competitive Hunting Dog (Field Trials) Permit and Fees removes references to fee amounts, which are redundant since fees are established in 31 TAC Chapter 53. The amendment is necessary to remove all references to fees in order to locate all fee information in another chapter.

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 the standardization of permit privileges on public lands and the elimination of duplicated regulations.

(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 drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

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

4. Request for Public 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.

65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).

(1) Adult—A person 17 years of age or older.

(2) All terrain vehicle (ATV)—A motor vehicle which does not meet traffic code requirements for operation on a public roadway with respect to licensing, inspection and insurance requirements.

(3) Annual Public Hunting (APH) Permit—A [$40] permit, valid from issuance date through the following August 31, which allows entry to designated public hunting lands at designated times and the taking of wildlife resources as designated.

(4) Application fee—A non-refundable fee which may be required to accompany and validate an individual's application for a special permit.

(5) Authorized supervising adult—A parent, legal guardian, or individual at least 18 years of age who assumes liability responsibility for a minor.

(6) Blind—Any structure assembled of man-made or natural materials for the purpose or having the effect of promoting concealment or increasing the field of vision of a person.

(7) Buckshot—Lead pellets ranging in size from .24-inch to .36-inch in diameter normally loaded in a shotgun (includes, but is not limited to 0 and 00 buckshot).

(8) Competitive hunting dog event (field trial)—A department-sanctioned contest in which the skills of hunting dogs are tested.

(9) Concurrent hunt—A hunt that maintains the same permit requirements, hunt dates, means and methods, or shooting hours or combinations thereof for more than one species of animal, as designated and subject to any special provisions.

(10) Consumptive user—A person who takes or attempts to take wildlife resources.

(11) Designated campsite—A designated area where camping and camping activities are authorized.

(12) Designated days—Specific days within an established season or period of time as designated by the executive director.

(13) Designated road—A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways.

(14) Designated target practice area—An area designated by on-site signing or by order of the executive director within which the discharge of firearms for target practice is authorized.

(15) Designated units of the state park system—Specific units of the state park system approved by the commission for application of provisions of this subchapter.

(16) Disabled person—A paraplegic or a person who has a physician's statement in their immediate possession certifying that they qualify for handicapped parking privileges (criteria for permanent ambulatory disability as defined in Transportation Code, Chapter 681).

(17) General Season—A specified time period, or designated days within a specified time period, during which more than one means or methods (as designated) may be used to take designated species.

(18) Headwear—Garment or item of apparel worn on or about the head.

(19) Immediate supervision—Control of a minor by an authorized supervising adult issuing verbal instructions in a normal voice level.

(20) Lands within a desert bighorn sheep cooperative—An aggregation of lands for which the concerned landowners and the Texas Parks and Wildlife Department have agreed to coordinate efforts to restore, manage, and harvest desert bighorn sheep.

(21) Limited Public Use (LPU) Permit—A [$10] permit, valid from issuance date through the following August 31, which allows access to designated public hunting lands at the same times that access is provided by an APH permit. A LPU permit does not authorize the taking of wildlife resources[, except on U.S. Forest Service lands where restrictions are placed on the type of device for taking wildlife which may be possessed].

(22) Limited use zone—An area designated by order of the executive director and/or by boundary signs on the area, within which public use is prohibited or restricted to specified activities.

(23) Loaded firearm—A firearm containing a live round of ammunition within the chamber and/or the magazine, or if muzzleloading, one which has a cap on the nipple or a priming charge in the pan.

(24) Minor—An individual less than 17 years of age.

(25) Non-consumptive activities—Activities which do not involve the take or attempted take of wildlife resources.

(26) On-site registration—The requirement for public users to register at designated places upon entry to and exit from specified public hunting lands, but does not constitute a permit.

(27) Permit—Documentation authorizing specified access and public use privileges on public hunting lands.

(28) Predatory animals—Coyotes and bobcats.

(29) Preference point system—A method of special permit distribution in which the probability of selection is progressively enhanced by prior unsuccessful applications within a given hunt category by individuals or groups.

(30) Public hunting area—A portion of public hunting lands designated as being open to the activity of hunting, and may include all or only a portion of a certain unit of public hunting land.

(31) Public hunting compartment—A defined portion of a public hunting area to which hunters are assigned and authorized to perform public hunting activity.

(32) Public hunting lands—Lands identified in §65.190 of this title (relating to Application) or by order of the executive director on which provisions of this subchapter apply.

(33) Regular Permit—A permit issued on a first-come-first-served basis, on-site, at the time of the hunt that allows the taking of designated species of wildlife on the issuing area.

(34) Restricted area—All or portions of public hunting lands identified by boundary signs as being closed to public entry or use.

(35) Sanctuary—All or a portion of public hunting lands identified by boundary signs as being closed to the hunting of specified wildlife resources.

(36) Slug—A metallic object designed for being fired as a single projectile by discharge of a shotgun.

(37) Special Permit—A permit, issued pursuant to a selection procedure, which allows the taking of designated species of wildlife.

(38) Special package hunt—A public hunt conducted for promotional or fund raising purposes and offering the selected applicant(s) a high quality experience with enhanced provisions for food, lodging, transportation, and guide services.

(39) Tagging fee—A fee which may be assessed in addition to the special permit fee for the harvest of alligators for commercial sale or prior to the attempted harvest of desert bighorn sheep or designated exotic mammals.

(40) Texas Conservation Passport (gold or silver edition)—A permit which provides group access at designated times to designated portions of public hunting lands for non-consumptive use as authorized under the Texas Conservation Passport Program.

(41) Wildlife management area (WMA)—A unit of public hunting lands which is intensively managed for the conservation, enhancement, and public use of wildlife resources and supporting habitats.

(42) Wildlife resources—Game animals, game birds, furbearing animals, alligators, marine mammals, frogs, fish, crayfish, other aquatic life, exotic animals, predatory animals, rabbits and hares, and other wild fauna.

(43) Wounded exotic mammal—An exotic mammal leaving a blood trail.

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 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) It[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) In the event an application for a special permit is determined to be invalid, then:

(A) the application card may 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).

(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.

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

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

(m)[(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.

(n)[(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).

(o)[(p)] 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 transferable to another person.

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

65.194. Competitive Hunting Dog Event (Field Trials) and Fees. The department may authorize field trials on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.

(1) No person shall conduct or participate in a field trial on public hunting lands unless the event has been sanctioned by the department through the issuance of a Field Trial Permit in accordance with this section.

(2) An application for a Field Trial Permit shall be submitted at least 90 days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:

(A) the name, address, and telephone number of the sponsoring person(s) or organization(s);

(B) the unit(s), compartment(s), and approximate acreage of public hunting lands that the proposed event would involve;

(C) the date(s) of the proposed event, including preparatory activity and cleanup operations;

(D) the exact nature of the event, including any construction, facilities emplacement, or other site alterations;

(E) the number of participating dogs, dog handlers, and officials, respectively, and the estimated number of spectators;

(F) the fee for the field trial permit as assessed according to the number of participating dog handlers and officials as specified by §53.5 of this title (relating to Public Lands Hunting Permits and Fees[follows:]

[(i) 10 or less participants—$100 per day;]

[(ii) 11-25 participants—$200 per day;]

[(iii) 26-50 participants—$300 per day;]

[(iv) 51-75 participants—$400 per day; and]

[(v) 76 or more participants—$500 per day].

(G) proof of liability insurance for the event in the amount of at least $250,000, which shall include coverage of personal injury and property damage; and

(H) a performance bond in the amount of $5,000 to assure restoration of the involved public hunting lands to pre-field trial conditions.

(3) Approval or denial of the permit application shall be at the sole discretion of the regional director and shall be based on the anticipated impact the proposed event would have:

(A) on the natural resources of public hunting lands; and

(B) on other events or activities authorized or conducted by the department.

(4) The regional director shall, within 30 days of receipt of such application, notify the applicant of approval or denial of the application. If the application is approved, the field trial permit shall be issued in the form of a letter to the applicant. Any requirements or restrictions in addition to the provisions of this subchapter shall be specified in the permit.

(5) The field trial permit shall be present and available on-site during all field trial activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names and social security numbers of all dog handlers and officials who at any time participate in the event. The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit. The list shall be sent to the regional director no later than ten days following the conclusion of the event.

(6) All persons named on the list as officials or dog handlers shall, during the event, be exempt from the access permit requirements of this subchapter. All other persons attending the event shall be subject to the provisions of this subchapter relative to requirement of an access permit.

(7) The permittee is responsible and liable for the actions of all field trial participants, spectators, and dogs during all activities conducted during this event.

(8) All construction, facilities emplacement, or other site alterations shall be performed and removed strictly in accordance with the conditions of the field trial permit. The permittee shall not be released from the obligations of this section and the performance bond shall not be returned to the permittee until the department is satisfied that the site has been restored to pre-trial conditions.

(9) During any field trial activity, it is an offense for any person attending the event or named on the list required by subsection (e) of this section to:

(A) violate any condition of the field trial permit; or

(B) take or attempt to take any animal or bird.

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


Exhibit B

Candidate State Parks for 2002-2003
Name of Hunt Areas

Atlanta
Big Bend Ranch
Brazos Bend
Bryan Beach
Caddo Lake
Caprock Canyons
Choke Canyon-Calliham
Choke Canyon-North Shore
Colorado Bend
Cooper Lake- South Sulphur Unit
Davis Mountains
Devil’s River
Devil’s Sinkhole
Martin Dies
Dinosaur Valley
Enchanted Rock
Fairfield Lake
Fort Boggy
Garner
Guadalupe River
Hill Country
Honey Creek
Huntsville
Inks Lake/Longhorn Caverns
Kickapoo Cavern
Lake Bob Sandlin
Lake Brownwood
Lake Houston
Lake Mineral Wells
Lake Whitney
Lost Maples
Matagorda Island
Mother Neff
Pedernales Falls
Pedernales Falls Annex
Possum Kingdom
Resaca de la Palma
San Angelo
Sea Rim
Seminole Canyon
Somerville SRA
South Llano River
Tony Houseman


Committee Agenda Item No. 7
Presenter: Kirby Brown

Regulations Committee
Wildlife Use Tax Valuation Standards
January 2002

I. DISCUSSION: The provisions of House Bill 3123, enacted by the 77th Texas Legislature, require Texas Parks and Wildlife, with the assistance of the Comptroller of Public Accounts, to develop standards for Wildlife Tax Valuation to be used by chief appraisers across the state. Once formulated, the standards are required to be promulgated as regulations by the Comptroller. Staff has sought public input and developed a representative advisory committee with the help of that input. After several meetings with the Advisory Committee and the authors of H.B. 3123, the Advisory Committee reached a consensus on the approach and the mechanisms for the valuation standards. Staff is at present engaged in drafting regulatory language to be forwarded to the Comptroller’s Office, which will publish the proposed rules in the Texas Register for public comment. Following adoption, the regulations will be in effect for the 2002 tax year.


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