Regulations Committee

Wednesday, 9:00 a.m., May 29, 2002

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approval of the Committee Minutes from the previous meeting.  
  Summary of Minutes  
1. Chairman's Charges (Oral Presentation) Committee Only
2. 2002-2003 Migratory Game Bird Proclamation-Early Season
Staff: Vernon Beville
Committee Only
3. Legislative Rules Review – Rulemaking Chapter 65, Subchapter A, N, and Q
Staff: Jerry Cooke
2
4. Cervid Diseases Issues
Staff: Jerry Cooke
4
5. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Regulations Committee
April 3, 2003

BE IT REMEMBERED that heretofore on the 3rd day of April 2002, there came to be heard matters under the regulatory authority of the Parks and Wildlife Commission of Texas, in the commission hearing room of the Texas Parks and Wildlife Headquarters complex, Austin, Travis County, Texas beginning at 9:03 a.m., to-wit:

I. COMMITTEE ATTENDANCE:

Joseph Fitzsimons, Committee Chair
Ernest Angelo, Jr.
Phillip Montgomery, III
Katharine Armstrong Idsal, Chairman
John Avila, Jr.
Lee M. Bass, Chairman-Emeritus
Alvin L. Henry (absent)
Donato D. Ramos
Kelly M. Rising
Mark E. Watson, Jr.

II. THE FOLLOWING ITEMS WERE PRESENTED TO THE COMMISSION FOR CONSIDERATION:

1. BRIEFING – CHAIRMAN’S CHARGES

The chair recognized Executive Director Robert L. Cook. Mr. Cook addressed the department's efforts to find and remove abandoned crab traps, changes to the commission policy manual with respect to committee structures, and the rule review of oyster regulations.

2. ACTION - CERVID DISEASE ISSUES.

Presenter: Jerry Cooke

The chair recognized Jerry Cooke, chief of the Game Branch in the Wildlife Division. Mr. Cooke began by providing background on the status of the department's emergency regulations regarding the importation of deer, actions taken by other state agencies, and actions undertaken by other states in response to cervid disease issues. Mr. Cooke also apprised the committee of agency protocols for dealing with seized deer, as well as the implementation of a reward under the Operation Game Thief program for information leading to the arrest and conviction of anyone illegally importing deer into the state. Mr. Cooke went on to provide a summary of the department's proposed regulations governing the importation of deer, informing the committee that the Texas Deer Association had requested deferral of final action on regulatory elements that would mandate survey and monitoring requirements in hopes that they could achieve a statistically valid sampling percentage on a voluntary basis. Chairman Idsal inquired about the next meeting of the Animal Health Commission and the status of the return of the BTB test to Texas. Commissioner Angelo asked as to what length of time would need to elapse in order to know whether or not the voluntary monitoring program was effective. Mr. Cooke responded that that would be up to the commission, but that the earliest would be the May meeting. Commissioner Fitzsimons asked how many scientific breeders were currently engaged in acceptable monitoring efforts. Mr. Cooke replied that he did not know, but though it was somewhere in the neighborhood of nine out of 400. Commissioner Ramos asked about potential health issues as a result of intrastate movement of deer. Mr. Cooke responded that many things were involved in making such a determination, but that again, it would be up to the commission to decide what was appropriate. Commissioner Montgomery wished to know more about enforcement efforts. Mr. Cooke provided the committee with background on exactly how the legal aspects of enforcement would be addressed, including seizure and disposition.

3. ACTION - CHAPTER 58 RULE REVIEW AND STATEWIDE OYSTER FISHERY PROCLAMATION AMENDMENTS

Presenter: Robin Reichers

The chair recognized Mr. Robin Riechers, management director of the Coastal Fisheries Division. Mr. Riechers addressed the regulatory changes to oyster rules required by legislative action, provided a summary of public comment, and notified the committee that all oyster leases had been renewed on time.

4. ACTION - STATEWIDE HUNTING AND FISHING PROCLAMATION

Presenter: Gary Graham, Phil Durocher, and Hal Osburn

The chair recognized Mr. Gary Graham, director of the Wildlife Division. Mr. Graham in turn introduced Mr. Clayton Wolf of the Wildlife Division. Mr. Wolf provided a detailed analysis of the biological underpinnings of the proposal to implement antler restrictions in six south-central counties. Mr. Graham then addressed each of the Wildlife Division's remaining regulatory proposals, including changes involving a license log, proof of sex for deer, use of dogs, and proposed seasons, bag limits, and permit privileges with respect to white-tailed deer and turkey. Mr. Graham also provided a summary of public comment relative to each proposal. Commissioner Ramos inquired as to how the doe season is determined with respect to the rut. Mr. Wolf replied that under normal circumstances the doe harvest would not precede the rut. Finally, Mr. Graham noted that pursuant to legislative mandate, the department had conducted a rules review of all wildlife regulations and had determined that the original justification for three sections might not continue to exist. Mr. Graham requested authority to publish proposed amendments that would cause the sections to cease effect, pending the results of department investigations. The chair recognized Mr. Phil Durocher, director of the Inland Fisheries Division.

Mr. Durocher addressed the individual proposals affecting freshwater fishing regulations, explaining the reasons and strategies in support of each. Chairman Idsal asked about the situation on Possum Kingdom Reservoir. Mr. Durocher responded that although the golden algae outbreak exerted a significant impact on fish populations, it appeared that the populations were rebounding strongly. The chair then recognized Mr. Hal Osburn, director of the Coastal Fisheries Division. Mr. Osburn provided background and justification for requiring all fish landed in Texas to conform to Texas size and bag limits on border waters. Commissioner Angelo asked if Louisiana had a similar provision. Mr. Osburn replied in the affirmative. Commissioner Rising asked about the abundance of sea trout relative to the Texas and Louisiana size limits. Mr. Osburn replied that Louisiana had a higher bag limit, but creel surveys indicated that the average size of sea trout landed in Louisiana was about half of that seen on the Texas side. Chairman Idsal inquired about some potentially unethical practices by fishing guides. Mr. Osburn responded that staff had reason to believe that such practices were indeed occurring. Commissioner Rising asked technical questions about drum and flounder, and Mr. Osburn furnished the information requested.

5. ACTION - AMENDMENTS TO THE PUBLIC LANDS PROCLAMATION, CANDIDATE STATE PARKS FOR PUBLIC HUNTING ACTIVITIES, OPEN SEASONS ON PUBLIC LANDS

Presenter: Herb Kothmann

The chair recognized Mr. Herb Kothmann, director of the Public Hunting Program. Mr. Kothmann provided details of proposed changes to the Public Lands Proclamation, including housekeeping changes to move fee information to a more appropriate area of the Administrative Code and standardization of hunting privileges under the Annual Public Hunting Permit. Mr. Kothmann also provided a list of state parks being considered for public hunting activities. Mr. Kothmann also provided a summary of public comment. Commissioner Watson asked when the department would start hunting on Government Canyon. Mr. Kothmann responded that it had been done in the past, but that archaeological concerns had restricted hunting to such a small part of the area that there had been concern about safety.

6. BRIEFING - MIGRATORY GAME BIRD PROCLAMATION

Presenter: Vernon Bevill

The chair recognized Mr. Gary Graham, director of the Wildlife Division, who in turn introduced Mr. Dave Morrison, waterfowl program leader. Mr. Morrison began by noting that there were relatively few changes proposed for migratory bird-hunting seasons this year. Other than a proposal to open the season for cranes in Zone C and a potential change to early teal season, the remaining season lengths were proposed to remain unchanged, but would be altered to account for calendar shift. Mr. Morrison then reviewed the proposed seasons and bag limits for each of the regulated species of migratory game birds. Chairman Idsal asked if the Fish and Wildlife Service would be issuing a moderate or conservative package for ducks. Mr. Morrison responded that preliminary indications were that we could expect a moderate package, consisting of a 60-day season structure and a six-bird bag limit. Commissioner Rising asked if the restriction on canvasback hunting would continue in effect. Mr. Morrison replied that the decision on canvasbacks had not yet been made by the Fish and Wildlife Service. Chairman Idsal asked why the department continued to have a special white-wing season. Mr. Morrison explained that the special white-wing season has been around a long time, long before he came to work at the department, but that he understood that it was a special dispensation that no other state enjoyed. He added that were we to do away with the special season, the four days of opportunity would by default have to be added to the end of the mourning dove season, contrary to hunter preference. Commissioner Ramos asked about perhaps moving the dove opener to provide more opportunity around Labor Day. Mr. Morrison replied that the federal frameworks would not allow an opener earlier than September 1. Chairman Idsal asked if there were any reason that mourning dove and white-wing seasons could not be run concurrently. Mr. Morrison responded that he was not aware of any.

7. BRIEFING - COMMISSION POLICY MANUAL

Presenter: Gene McCarty

The Chair recognized Mr. Gene McCarty, chief of staff. Mr. McCarty informed the committee of the department's efforts to implement the provisions of Senate Bill 305, otherwise known as the Sunset Bill. He outlined changes being made to the policy manual in order to provide for public comment before major decisions, publication of transcripts on the agency's website, elimination of the consent agenda, and the designation of a single official nonprofit partner. Mr. McCarty notified the committee that the commission would have to act by passing a resolution.

8. BRIEFING - COMMERCIAL NONGAME PERMITS

Presenter: Gary Graham/Rosie Roegner

The Chair recognized Gary Graham, director of the Wildlife Division. Mr. Graham introduced Rosie Roegner, permits coordinator. Ms. Roegner provided an overview of the department's regulations concerning the collection and sale of nongame wildlife, an analysis of commercial activity involving nongame wildlife, and a suite of proposed changes developed as a result of an analysis of the first three years of the program's existence. The changes included measures to minimize paperwork and reporting requirements for certain classes of permittees, a reduction in the number of affected species, implementation of means and methods restrictions, and elimination of loopholes concerning export. Ms. Roegner also addressed a proposal that would allow qualified persons under specific circumstances to temporarily possess threatened and endangered species for purposes of immediate relocation. Commissioner Angelo remarked that he recalled the initial regulatory action was in some quarters regarded as over-regulation, and asked if staff believed the present proposal addressed some of those concerns. Ms. Roegner replied in the affirmative. Commissioner Fitzsimons asked if commercial activity had increased or decreased. Ms. Roegner replied that in her opinion there had been no marked change. Commissioner Montgomery asked about response times for permit issuance and asked if there should be a time frame for department action stipulated in the regulations. Ms. Roegner responded that typically, permits were issued within a week of application. Commissioner Ramos asked what the penalty was for failing to submit reports by the deadline. Ms. Roegner replied that a person could be locked out of the licensing system, and that if they continued to engage in the activities, they could be cited for a Class C Misdemeanor. Executive Director Cook asked about the prairie dog trade. Ms. Roegner responded that prairie dogs were selling at approximately $200 apiece. Commissioner Fitzsimons asked about the trade in soft-shell turtles. Ms. Roegner answered that most of the soft-shell turtles taken in Texas were destined for the Asian food market.

IV. ADJOURNED: Commissioner Fitzsimons adjourned the meeting at 2:50p.m.


Committee Agenda Item No. 1

Regulations Committee
Chairman's Charges
May 2002

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Vernon Beville

Regulations Committee
Proposed 2003-2004
2002-2003 Migratory Game Bird Proclamation
May 2002

I. Discussion: Responsibility for establishing seasons, means, methods, and devices for harvesting migratory game birds within U.S. Fish and Wildlife Service (Service) frameworks is delegated to the Commission under Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022 authorizes the Commission to delegate rulemaking authority to the Executive Director.

At present, the U.S. Fish and Wildlife Service (Service) has not issued the annual regulatory frameworks for migratory game birds. Since the current regulations reflect the Commission's policy to provide the most liberal harvest provisions permissible under the federal frameworks, staff recommends retaining those provisions (adjusted for calendar shift) should the Service frameworks remain unchanged from last year. Should the Service issue frameworks that alter any existing options or offer new options for hunter opportunity, the department will adopt the most liberal provisions possible, while affording needed protection to the resource.

The committee at its April meeting authorized staff to publish the proposed 2002-2003 Migratory Game Bird Proclamation in the Texas Register for public comment. The proposed rules were published in the May 3, 2002 issue of the Texas Register (27 TexReg 3707). However, at the time of the May meeting, the minimum 30-day period required by the Administrative Procedure Act will not have elapsed. Accordingly, the commission may authorize the executive director to adopt the provisions applicable to early-season species following the release of the early season frameworks by the Service.

Attachments – 2

1. Exhibit A – Proposed Migratory Bird
2. Exhibit B – Fiscal Note (Available upon request)


Committee Agenda Item No. 2
Exhibit A

2002-2003 Migratory Gamebird Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Commission proposes amendments to §§65.315 and 65.318 - 65.321, concerning the Migratory Game Bird Proclamation. The amendment to §65.315, concerning Open Seasons and Bag and Possession Limits - Early Season Species, adjusts the season dates for early-season species of migratory game birds (with the exception of woodcock) to account for calendar-shift. The amendment to §65.118, concerning Open Seasons and Bag and Possession Limits - Late Season Species, adjusts the season dates for late-season species of migratory game birds, also to account for calendar-shift. The amendment to §65.319, concerning Extended Falconry Season—Early Season Species, adjusts season dates for the take of early-season species of migratory game birds by means of falconry. The amendment to §65.320, concerning Extended Falconry Season—Late Season Species, adjusts season dates for the take of late-season species of migratory game birds by means of falconry. The amendment to §65.321, concerning Special Management Provisions, establishes dates and special regulations for the take of light geese during the special conservation season. The amendments are necessary to implement commission policy to provide maximum hunter opportunity possible under frameworks issued by the U.S. Fish and Wildlife Service (Service). The Service has not issued regulatory frameworks for the 2002-2003 hunting seasons for migratory game birds; thus, the department cautions that the proposed regulations are tentative. However, the department intends to follow commission policy in adopting provisions that provide maximum hunter opportunity to the greatest number of people under the frameworks issued by the federal government.

2. Fiscal Note.

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

3. Public Benefit-Cost Note.

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

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be the department's discharge of its statutory obligation to manage and conserve the state's populations of migratory game birds, as well as the implementation of commission policy to maximize recreational opportunity for the citizenry.

(B) There will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2003.022, as the agency has determined that the rule 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 rule.

4. Request for Public Comment.

Comments on the proposed rules may submitted to Vernon Bevill, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4578 or 1-800-792-1112.

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, Chapter 64, which authorizes the Commission and the Executive Director to provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds.

The amendments affect Parks and Wildlife Code, Chapter 64.

§65.315. Open Seasons and Bag and Possession Limits - Early Season.

(a) Rails.

(1) Dates: September 14-29, 2002 and October 26 - December 18, 2002[15 -30, 2001, and October 27 - December 19, 2001].

(2) Daily bag and possession limits:

(A) king and clapper rails: 15 in the aggregate per day; 30 in the aggregate in possession.

(B) sora and Virginia rails: 25 in the aggregate per day; 25 in the aggregate in possession.

(b) Dove seasons.

(1) North Zone.

(A) Dates: September 1 - October 30, 2002 [September 1 - October 30, 2001].

(B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day;

(C) Possession limit: 30 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than four white-tipped doves in possession.

(2) Central Zone.

(A) Dates: September 1 - October 29, 2002[September 1-October 28, 2001], and December 26, 2002 - January 5, 2003[December 26, 2001 - January 6, 2002.]

(B) Daily bag limit: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day;

(C) Possession limit: 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than four white-tipped doves in possession.

(3) South Zone.

(A) Dates: Except in the special white-winged dove area as defined in §65.314 of this title (relating to Zones and Boundaries for Early Season Species), September 20 - November 3, 2002, and December 21, 2002 - January 14, 2003[September 21-November 4, 2001, and December 22, 2001 - January 15, 2002].

(B) Daily bag limit: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day;

(C) Possession limit: 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than four white-tipped doves in possession.

(4) Special white-winged dove area.

(A) Dates: September 7, 8, 14, and 15, 2002[September 1, 2, 8, and 9, 2001, September 21 - November 4, 2001 and December 22, 2001 – January 11, 2002].

(i)[(B)] Daily bag limit: 10 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than five mourning doves and two white-tipped doves per day;

(ii)[(C)] Possession limit: 20 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 10 mourning doves and four white-tipped doves in possession.

(B) Dates: September 20 – November 3, 2002 and December 21, 2002 – January 10, 2003.

(i) Daily bag limit: 12 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two white-tipped doves per day;

(ii) Possession limit: 24 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than four white-tipped doves in possession.

(c) Gallinules.

(1) Dates: September 14-29, 2002, and October 26-December 18, 2002[September 15-30, 2001, and October 27, 2001-December 19, 2001].

(2) Daily bag and possession limits: 15 in the aggregate per day; 30 in the aggregate in possession.

(d) September teal-only season.

(1) Dates: September 14-29, 2002[September 15-30, 2001].

(2) Daily bag and possession limits: four in the aggregate per day; eight in the aggregate in possession.

(e) Red-billed pigeons, and band-tailed pigeons. No open season.

(f) Shorebirds. No open season.

(g) Woodcock: December 18, 2002 - January 31, 2003[December 18, 2001-January 31, 2002]. The daily bag limit is three. The possession limit is six.

(h) Common snipe (Wilson's snipe or jacksnipe): October 19, 2002 - February 2, 2003[October 20 2001-February 3, 2002.] The daily bag limit is eight. The possession limit is 16.

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

(1) Ducks, mergansers, and coots. The daily bag limit for ducks is six, which may include no more than five mallards or Mexican mallards (Mexican duck), only two of which may be hens, three scaup, one mottled duck, one pintail, two redheads, one canvasback, and two wood ducks. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than one hooded merganser. [No person may take a canvasback duck except during the period from December 27, 2001 through January 20, 2002.]

(A) High Plains Mallard Management Unit: October 19-21, 2002, and October 26, 2002 - January 19, 2003 [October 20-22, 2001 , and October 27, 2001-January 20, 2002].

(B) North Zone: October 26-27, 2002, and November 9, 2002 - January 19, 2003 [October 27-28, 2001 , and November 10, 2001-January 20, 2002].

(C) South Zone: October 26 - December 1, 2002, and December 14, 2002 - January 19, 2003 [October 27-November 25, 2001, and December 8, 2001-January 20, 2002].

(2) Geese.

(A) Western Zone.

(i) Light geese: October 26, 2002 - February 9, 2003 [October 27, 2001-February 10, 2002]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese: October 26, 2002 - February 9, 2003 [October 27, 2001-February 10, 2002]. The daily bag limit for dark geese is five, which may not include more than one white-fronted goose.

(B) Eastern Zone.

(i) Light geese: October 26, 2002 - January 19, 2003 [October 27, 2001-January 20, 2002]. The daily bag limit for light geese is 20, and there is no possession limit.

(ii) Dark geese:

(I) White-fronted geese: October 26, 2002 - January 19, 2003 [October 27, 2001-January 20, 2002]. The daily bag limit for white-fronted geese is two.

(II) Canada geese and brant: October 26, 2002 - January 19, 2003 [October 27, 2001-January 20, 2002]. The daily bag limit is one Canada goose or one brant.

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

(A) Zone A: November 9, 2002 - February 9, 2003[November 10, 2001-February 10, 2002]. The daily bag limit is three. The possession limit is six.

(B) Zone B: November 30, 2002 - February 9, 2003[December 1, 2001-February 10, 2002]. The daily bag limit is three. The possession limit is six.

(C) Zone C: December 21, 2002 –January 19, 2003[December 29, 2001-January 20, 2002]. The daily bag limit is two. The possession limit is four.

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

(A) High Plains Mallard Management Unit: October 12-13, 2002 [October 13-14, 2001];

(B) North Zone: October 19-20, 2002 [October 20-21, 2001]; and

(C) South Zone: October 19-20, 2002 [October 20-21, 2001].

§65.319. Extended Falconry Season - Early Season Species

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

(1) mourning doves and white-winged doves: November 19 - December 25, 2002 [November 19-December 25, 2001].

(2) rails and gallinules: December 19, 2002 - January 24, 2003[December 20, 2001-January 25, 2002].

(3) woodcock: November 24 - December 17, 2002 and February 1 - March 10, 2003 [November 24-December 17, 2001, and February 1-March 9, 2002].

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

§65.320. Extended Falconry Season - Late Season Species. It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons.

(1) Ducks, coots, and mergansers:

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

(B)[(2)] Remainder of the state: January 20 - February 3, 2003 [January 21 - February 4, 2002].

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

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

(1) Means and methods. In addition to the means and methods authorized in §65.310(a) of this title (relating to Means , Methods, and Special Requirements), the following means and methods are lawful during the time periods set forth in paragraph (4) of this section:

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

(B) electronic calling devices.

(2) Possession. During the time periods set forth in paragraph (4) of this section:

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

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

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

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

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

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

(iv) the date the birds were killed; and

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

(3) Shooting hours. During the time periods set forth in paragraph (4) of this section, shooting hours are from one half-hour before sunrise until one half-hour after sunset.

(4) Special Light Goose Conservation Period.

(A) From January 20, 2003 [January 21, 2002] through March 30, 2003 [March 31,2002], the take of light geese is lawful in the Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

(B) From February 10, 2003 [February 11, 2002] through March 30, 2003 [March 31, 2002], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

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

Issued in Austin, Texas, on


Committee Agenda Item No. 3
Presenter: Jerry Cooke

Regulations Committee
Legislative Rules Review – Rulemaking
Chapter 65, Subchapter A, N, and Q
May 2002

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


Committee Agenda Item No. 4
Presenter: Jerry Cooke

Regulations Committee
Cervid Diseases Issues
May 2002

(This is Public Hearing Agenda Item No. 4.)


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