Presenter: Jerry Cooke

Commission Agenda Item No. 2
Action
Legislative Rules Review - Rulemaking
Chapter 65, Subchapters A, N, and Q
May 2002

I. DISCUSSION: The legislative rules review required by Government Code, §2001.039, requires every state agency to review each of its regulations at least once every four years and to readopt each regulation as is, readopt it with amendments, or repeal it. The statute further requires that a review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. At the January meeting, the Regulations Committee authorized staff to publish a Notice of Intent to Review affecting Chapter 65, Wildlife. During the review process, staff identified three regulations for which the original justification is unclear. The regulations in question establish a closed season for game animals, game birds, and furbearing animals in the state-owned riverbeds in of Dimmit, Uvalde, and Zavala counties. At the April meeting, the committee authorized staff to publish amendments to those regulations. The proposed amendments would establish a date certain upon which the effectiveness of the regulations in question would cease. Meanwhile, the department will conduct investigations to determine if the rules should be retained. The proposed rules appeared in the April 26, 2002, issue of the Texas Register (27 TexReg 3548). Staff will provide a summary of public comment at the time of the meeting.

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

“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.9, 65.316, and 65.374, concerning closed seasons in the state-owned riverbeds of Dimmit, Uvalde, and Zavala counties, with changes to the proposed text as published in the April 26, 2002, issue of the Texas Register (27 TexReg 3548).”

Attachments - 2

  1. Exhibit A - Proposed Rules
  2. Exhibit B - Fiscal Note (Available Upon Request)

Commission Agenda Item No. 2
Exhibit A

Hunting in State-Owned Riverbeds
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.9, 65.316, and 65.374, concerning Wildlife. The amendments would impose a date upon which certain restrictions governing hunting activities in state-owned riverbeds in Dimmit, Uvalde, and Zavala counties would cease effectiveness. Under the terms of Government Code, §2001.039, the department has conducted a required review of regulations contained in Chapter 65. The proposed amendments are published as a result of that review. The department has determined that the original justification for the rules may not exist, and to that end will conduct investigations to determine if the provisions should be maintained beyond September 1, 2003.

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 compliance with the provisions of Government Code, §2001.039, which requires state agencies to review their regulations and readopt, readopt with changes, or repeal them no less than once every four years.

(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 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 the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to provide open seasons for the hunting, taking, or possession of game animals, game birds, or aquatic animal life if its investigations and findings of fact reveal that open seasons may be safely provided or if the threat of waste requires an open season to conserve game animals, game birds, or aquatic animal life; Chapter 64, which provides the commission with the authority to provide an open season only for the length of time justified by the supply of the species of migratory game bird affected in this state or in the zone or section of this state where the open season applies; and Chapter 71, which authorizes the commission to regulate the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur-bearing animals, pelts, and carcasses as the commission considers necessary to manage fur-bearing animals or to protect human health or property.

§65.9. Open Seasons: General Rules.

(a) 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.[; 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.

(d) There is no open season on game animals or game birds in any state-owned riverbed in Dimmit, Uvalde, and Zavala counties. The provisions of this subsection cease effect on September 1, 2003.

65.316. Closed Areas.

(a) The season is closed on migratory game birds on public roads and highways, the[, or] rights-of-way of public roads and highways, [the state-owned riverbeds in Dimmit, Uvalde and Zavala Counties, including but not limited to the Nueces and Frio Rivers,] and state wildlife preserves and sanctuaries unless an open season is otherwise provided. The open season for the taking of migratory game birds on any federal wildlife refuge shall be in accordance with the special hunting regulations duly adopted and published by the U.S. Fish and Wildlife Service.

(b) The season is closed on migratory game birds in the state-owned riverbeds in Dimmit, Uvalde and Zavala Counties, including but not limited to the Nueces and Frio Rivers. The provisions of this subsection cease effect on September 1, 2003.

§65.374. General Rules.

(a) No person may take fur-bearing animals on public roads and highways or their rights-of-way, or in the state-owned riverbeds in Uvalde, Zavala, and Dimmit counties. The provisions of this subsection cease effect on September 1, 2003.

(b) Each fur-bearing animal or pelt taken or possessed in violation of this subchapter shall constitute a separate offense.

(c) No person may possess a live skunk or civet cat without a letter of authorization from the wildlife division.

(d) No retail fur buyer may possess undried pelts during the period May 1 through October 31.

(e) No wholesale fur dealer or retail fur buyer may purchase pelts from a trapper from April 6 through October 31.

(f) Nuisance fur-bearing animals may be taken in any number by any means at any time.

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

Issued in Austin, Texas, on


Top of Page
Back to Top
Back to Top