Presenter: Gary Graham, Hal Osburn, Phil Durocher

Commission Agenda Item No. 6
Action
2002-2003 Statewide Hunting and Fishing Proclamation
April 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. Proposed changes to the Statewide Hunting and Fishing Proclamation are a result of proposals advanced by staff and suggestions from the public. Changes advanced by staff are based upon scientific investigation and are required findings of fact. The proposed changes increase recreational opportunity, promote enforcement, and provide for the sound biological management of the wildlife resources of the state. The Regulations Committee at its January 2002 meeting authorized staff to publish the proposed 2002-2003 Statewide Hunting and Fishing Proclamation in the Texas Register for public comment. The proposed proclamation appeared in the February 22, 2002, issue of the Texas Register (27 TexReg 1266). A summary of public comment on the proposed proclamation will be available to the Commission at the time of the hearing.

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

“The Texas Parks and Wildlife Commission adopts the 2002-2003 Statewide Hunting and Fishing Proclamation (located at Exhibit A), with changes to the proposal as published in the February 22, 2002, issue of the Texas Register (27 TexReg 1266).”

Attachments - 3

1. Exhibit A - Proposed 2000-2001 Statewide Hunting and Fishing Proclamation
2. Exhibit B – Legislative Rules Review
3. Exhibit C - Fiscal Note (Available upon request)


Commission Agenda Item No. 6
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, 65.10, 65.11, 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 §65.3, concerning Definitions, adds a new definition of ‘antler point’ and alters the definition of ‘spike-buck deer’ to conform with that definition. 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, and the log is necessary to ensure that no person exceeds the statewide, regional, county bag limits.

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 §65.11, concerning Lawful Means, adds clarifying to emphasize that there is no open season on game animals or game birds on public roads and highways, or in the right-of-way of public roads and highways. The amendment is necessary to consolidate provisions that are similar to one another in a single section of the subchapter.

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 an 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, adds clarifying language to emphasize that it is unlawful to hunt turkeys on a roost, 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 consolidate provisions appropriate to the species and 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 on Possum Kingdom Lake for largemouth bass from the current 14-inch minimum length to a 16-inch minimum length limit; and for striped and hybrid striped bass from a five fish daily bag limit to a two fish daily bag limit. The change is necessary to provide protection for future largemouth bass brood fish in the population and help rebuild population abundance after the negative impacts of last spring’s golden algae outbreak.

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

Change the common name of the jewfish to Goliath grouper. The change is necessary to maintain conformity with current nomenclature.

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 adverse economic 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 point, including the tip of a main beam, that extends at least one inch from the edge of a main beam.

(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 more than one point [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).

§65.10. 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.

§65.11. Lawful Means. It is unlawful to hunt any of the wildlife resources of this state except by the means authorized by this section and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).

(1) Firearms.

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

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

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

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

(2) Archery.

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

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

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

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

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

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

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

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

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

(B) the crossbow must have a mechanical safety;

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

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

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

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

(6) There is no open season on game animals or game birds on public roads and highways, or on the right-of-way of public roads and highways.

§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 for 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 antlerless [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 occurs.

(A) The following counties are in the West 1-buck 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 1-Buck 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 1-Buck 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 1-Buck 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 1-Buck Zone. In Bell (west of IH 35), 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 1-Buck 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 1-Buck 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 1-Buck 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 1-Buck 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 1-Buck 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 1-Buck 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 hunting of roosting turkey is unlawful.

(b)[(a)] The annual bag limit for Rio Grande and Eastern turkey, in the aggregate, is four, no more than one of which may be an Eastern turkey.

(c)[(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.

(d)[(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.

(e)[(d)] In all counties not listed in subsection (c) or (d)[(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.
Goliath grouper[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.

(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.
Lake Possum Kingdom (Palo Pinto) and 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  

(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


Commission Agenda Item No. 6
Exhibit B

Legislative Rules Review
Notice of Intent to Review

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part II, as follows:

CHAPTER 65. WILDLIFE

Subchapter A. Statewide Hunting and Fishing Proclamation

Division 1. General Provisions

§65.1. Application.
§65.3. Definitions.
§65.5. Importation of Wildlife.
§65.9. Open Seasons: General Rules.
§65.10. Possession of Wildlife Resources.
§65.11. Lawful Means.
§65.19. Hunting Deer with Dogs.
§65.24. Permits.
§65.25. Wildlife Management Plan (WMP).
§65.26. Managed Lands Deer (MLD) Permits.
§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits).
§65.28. Landowner Assisted Management Permit System (LAMPS).
§65.29. Bonus Tags.
§65.30. Pronghorn Antelope Permits.
§65.31. Desert Bighorn Sheep Permits.
§65.32. Antlerless Mule Deer Permits.
§65.33. Mandatory Check Stations.

Note: The contents of §§65.3, 65.10, 65.11, 65.19, 65.26, 65.28 and 65.29 are proposed for rule action elsewhere in this issue.

Division 2. Open Seasons and Bag Limits - Hunting Provisions

§65.38. Game Animals: Open Seasons and Bag Limits.
§65.40. Pronghorn Antelope: Open Seasons and Bag Limits.
§65.42. Deer.
§65.44. Javelina: Open Seasons and Annual Bag Limits.
§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.
§65.48. Desert Bighorn Sheep: Open Seasons and Annual Bag Limits.
§65.54. Game Birds: Open Seasons and Bag Limits.
§65.56. Lesser Prairie Chicken: Open Seasons, Bag, and Possession Limits.
§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.
§65.62. Quail: Open Seasons, Bag, and Possession Limits.
§65.64. Turkey.
§65.66. Chachalacas.

NOTE: The contents of §§65.42 and 65.64 are proposed for rule action elsewhere in this issue.

Division 3. Seasons and Bag Limits - Fishing Provisions

§65.71. Reservoir Boundaries.
§65.72. Fish.
§65.78. Crabs and Ghost Shrimp.
§65.82. Other Aquatic Life.
§65.91. Penalty for Violation.

NOTE: The contents of §65.72 are proposed for rule action elsewhere in this issue.

Subchapter C. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds

§65.101. Definitions.
§65.103. Trap, Transport, and Transplant Permit.
§65.105. Urban White-Tailed Deer Removal Permit.
§65.107. Permit Applications and Fees.
§65.109. Issuance of Permit.
§65.111. Permit Conditions and Period of Validity.
§65.113. Marking of Game Animals and Game Birds.
§65.115. Notification, Recordkeeping, and Reporting Requirements.
§65.116. Nuisance Squirrels.
§65.117. Prohibited Acts.
§65.119. Penalties.

Subchapter D. Deer Management Permit

§65.131. Deer Management Permit (DMP).
§65.132. Permit Application and Fees.
§65.133. General Provisions.
§65.134. Facility Standards.
§65.135. Detention and Marking of Deer.
§65.136. Release.
§65.137. Disposition of Mortalities.
§65.138. Violations and Penalties.

Subchapter G. Threatened and Endangered Nongame Species

§65.171. General Provisions.
§65.172. Exceptions.
§65.173. Special Provisions.
§65.174. Permanent Identification.
§65.175. Threatened Species.
§65.176. Violations and Penalties.

Subchapter H. Public Lands Proclamation

§65.190. Application.
§65.191. Definitions.
§65.192. Powers of the Executive Director.
§65.193. Access Permit Required and Fees.
§65.194. Competitive Hunting Dog Event (Field Trial) Permits and Fees.
§65.195. Permit Revocation.
§65.196. Refund of Permit Fees.
§65.197. Reinstatement of Preference Points.
§65.198. Entry, Registration and Checkout.
§65.199. General Rules of Conduct.
§65.200. Construction of Blinds.
§65.201. Motor Vehicles.
§65.202. Minors Hunting on Public Hunting Lands.
§65.203. Hunter Safety.
§65.208. Penalties.

NOTE: The contents of §§65.190, 65,193, and 65.194 are proposed for rule action elsewhere in this issue.

Subchapter J. Bobcat Proclamation

§65.251. Definitions.
§65.252. Bobcat Season.
§65.253. General Provisions.
§65.254. Bobcat Tags.
§65.255. Bobcat Dealer Permits.
§65.256. Penalties.

Subchapter K. Raptor Proclamation

§65.261. Applicability.
§65.262. Definitions.
§65.263. General Provisions.
§65.264. Applications and Permits.
§65.265. Permit Classes: Restrictions.
§65.266. General Facility Standards.
§65.267. Reports.
§65.269. Trapping Seasons and Collecting Area.
§65.270. Marking.
§65.271. Transfers and Sale.
§65.272. Change of Address.
§65.273. Temporary Relocation Out of State.
§65.274. Permanent Relocation to Texas.
§65.275. Special Provisions.
§65.276. Open Seasons and Bag Limits.
§65.277. Violations and Penalties.

Subchapter N. Migratory Game Bird Proclamation

§65.309. Definitions.
§65.310. Means, Methods, and Special Requirements.
§65.311. Importation of Migratory Game Birds.
§65.312. Possession of Migratory Game Birds.
§65.313. General Rules.
§65.314. Zones and Boundaries for Early Season Species.
§65.316. Closed Areas.
§65.315. Open Seasons and Bag and Possession Limits—Early Season.
§65.317. Zones and Boundaries for Late Season Species.
§65.318. Open Seasons and Bag and Possession Limits—Late Season.
§65.319. Extended Falconry Season—Early Season Species.
§65.320. Extended Falconry Season—Late Season Species.
§65.321. Special Management Provisions.
§65.322. Penalties.

Subchapter O. Commercial Nongame Permits

§65.325. Applicability.
§65.326. Definitions.
§65.327. Permit Required.
§65.329. Permit Application.
§65.330. Record and Reporting Requirements.
§65.331. Affected Species.
§65.332. Violations and Penalties.

Subchapter P. Alligator Proclamation

§65.351. Application.
§65.352. Definitions.
§65.353. General Provisions.
§65.354. Hunting.
§65.355. Open Seasons and Bag Limit.
§65.356. Means and Methods.
§65.357. Sale of Alligators.
§65.358. Alligator Egg Collectors.
§65.359. Possession.
§65.360. Report Requirements.
§65.361. Alligator Farm Facility Requirements.
§65.362. Importation and Exportation.
§65.363. Alligator Control.
§65.364. Exceptions.
§65.365. Violations and Penalties.

Subchapter Q. Statewide Fur-bearing Animal Proclamation

§65.371. Application.
§65.372. Definitions.
§65.374. General Rules.
§65.375. Open Seasons; Means and Methods.
§65.376. Possession of Live Fur-bearing Animals.
§65.377. Sale or Purchase of Fur-bearing Animals or Their Pelts.
§65.378. Importation and Release of Fur-bearing Animals or Their Pelts.
§65.379. Reporting Requirements.
§65.380. Penalty.

Subchapter T. Scientific Breeder Permit

§65.601. Definitions.
§65.602. Permit Requirement and Permit Privileges.
§65.603. Application and Permit Issuance.
§65.605. Holding Facility Standards and Care of Deer.
§65.607. Marking of Deer.
§65.608. Annual Reports and Records.
§65.609. Purchase of Deer and Purchase Permit.
§65.610. Transport of Deer and Transport Permit.
§65.611. Prohibited Acts.
§65.612. Disposition of Deer.
§65.613. Penalties.

Subchapter V. Wildlife Management Association Area Hunting Lease License

§65.801. Definitions.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 4, 2002.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.


Top of Page
Back to Top
Back to Top