Presenter: Jerry Cooke

Commission Agenda Item No. 11
Action
Alternative Licensing Rules
August 2002

I. Discussion: Under the provisions of Parks and Wildlife Code, §§42.018 and 42.0185, no person may possess the unprocessed carcass of a deer or turkey unless it has been tagged with a license tag or, under specified circumstances, is accompanied by a wildlife resource document. Similarly, §46.0016 requires the tagging of finfish, if the finfish is a species required to be tagged. Sections 42.0177 and 46.0086 of the Code authorize the Commission to modify or eliminate the tagging requirements by rule. In developing contingency plans to address the possibility that for whatever reason the department’s automated point-of-sale (POS) system could become incapacitated, staff developed an alternative licensing procedure. Were the POS system to go down, the department would then issue paper licenses, but those licenses would not contain the familiar tags for various species of fish and wildlife. Under the current tagging laws, hunters and anglers using the license would be in violation if they took deer, turkey, red drum, or tarpon, because they would not have the required tag and therefore could not comply. Therefore, staff drafted proposed regulations that would eliminate the tagging requirements for persons using the license and replace those provisions with a requirement to complete a license log for the species harvested. The proposed regulations were published in the July 19, 2002, issue of the Texas Register. Staff will present public comment at the time of the meeting.

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

“The Texas Parks and Wildlife Commission adopts 31 TAC §§65.7 and 65.8, concerning alternative licensing and harvest log, respectively, with changes to the proposed text (located at Exhibit A) as published in the July 19, 2002, issue of the Texas Register (27 TexReg 6490).”

Attachments - 2

1. Exhibit A - Proposed Regulations
2. Exhibit B - Fiscal Note (Available upon request)


Commission Agenda Item No. 11
Exhibit A

Harvest Log Rules
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §65. 7, concerning Harvest Log for Deer. The amendment would require a license log to be completed by a hunter upon the take of mule deer, turkey, or red drum, as well as for white-tailed deer. The title of the section would be renamed as well. The amendment is necessary in order to accommodate regulatory ramifications associated with the potential implementation of an alternative licensing system should the department’s automated licensing system become inoperable.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule.

3. Public Benefit - Cost Note.

Mr. Macdonald has also determined that for each of the first five years the rule as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be a method for the department to enforce bag limits on deer, turkey, and red drum in the event that the department is unable to vend tag-bearing licenses electronically.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule 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 rule as proposed will have a general and peripheral, although positive, impact on 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 Comments.

Comments on the proposed rule may be submitted to

5. Statutory Authority.

The amendment is 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 amendment affects Parks and Wildlife Code, Chapter 61.

§65.7. Harvest Log [for Deer].

(a) The provisions of this subsection apply only to a person in possession of a license purchased through an automated point-of-sale system.

(1) 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.

(2)[(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).

(b) The provisions of this subsection apply to any person in possession of a license lawfully purchased by any means other than through an automated point-of-sale system.

(1) A person who takes a white-tailed deer, mule deer, Rio Grande turkey, Eastern turkey, red drum, or tarpon shall complete, in ink, the harvest log on the back of the hunting or fishing license, as applicable, immediately upon kill, or, in the case of fish, upon retention.

(2) 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).

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

ALTERNATIVE LICENSING SYSTEM
PROPOSAL PREAMBLE

1. Introduction.

The Parks and Wildlife Department proposes new §65.8, concerning Alternative Licensing System. The new rule would allow the executive director to implement an alternative system for license issuance in the event that the department's automated licensing system is inoperable. The new section is necessary because although the department is not required to engage in rulemaking in order to issue licenses, the tagging requirements contained in the Parks and Wildlife Code must be modified in order to accommodate the issuance of tagless licenses. Such modification must be by rule.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule.

3. Public Benefit - Cost Note.

Mr. Macdonald has also determined that for each of the first five years the rule as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be a method for quickly enabling the public to purchase and enjoy license privileges in the event that the department's automated system is not operable.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule 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 rule as proposed will have a general and peripheral, although positive, impact on 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 Comments.

Comments on the proposed rule may be submitted to

5. Statutory Authority.

The rule is proposed under Parks and Wildlife Code, §42.0177, which authorizes the commission to modify or eliminate by rule the tagging requirements of §§42.018, 42.0185, or 42.020, or other similar tagging requirements in that chapter, and under §46.0086, which authorizes the commission to modify or eliminate the requirements of that section by rule.

The proposed rule affects Parks and Wildlife Code, Chapters 42 and 46.

§65.8. Alternative Licensing System.

(a) The tagging requirements of Parks and Wildlife Code, §§42.018, 42.0185, 42.020, and 46.0086 do not apply to any person in lawful possession of a license that was sold by the department without tags for white-tailed deer, mule deer, turkey, red drum, or tarpon.

(b) The requirements of this subchapter that require the attachment of license tags to wildlife resources do not apply to any person in lawful possession of a license that was sold by the department without tags for white-tailed deer, mule deer, turkey, red drum, or tarpon.

(c) The provisions of this section do not exempt any person from any provision of this subchapter that requires or prescribes the use of a wildlife resource document.

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 Texas on,


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