Presenters: Ken Kurzawski
Paul Hammerschmidt
Mike Berger

Commission Agenda Item No. 6
Action
2004-2005 Statewide Hunting and Fishing Proclamation
April 2004

I. Executive Summary: This item presents proposed changes to the Statewide Hunting and Fishing Proclamation for the 2004-2005 season. The changes include:

II. 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, suggestions from the public, and recommendations of commission-appointed advisory groups. 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 2004 meeting authorized staff to publish the proposed 2004-2005 Statewide Hunting and Fishing Proclamation in the Texas Register for public comment. The proposed rules appeared in the March 5, 2004, issue of the Texas Register (29 TexReg 2238). A summary of public comment on the proposed rules will be available to the Commission at the time of the hearing.

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

“The Texas Parks and Wildlife Commission adopts the 2004-2005 Statewide Hunting and Fishing Proclamation (located at Exhibit A) with changes to the proposal as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2238).”

Attachments - 2
1. Exhibit A - Proposed 2005-2005 Statewide Hunting and Fishing Proclamation
2. Exhibit B - Fiscal Note


Commission Agenda Item No. 6
Exhibit A

2004-2005 Statewide Hunting and Fishing Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.3, 65.30, 65.42, 65.60, 65.64, 65.71, 65.72, 65.78, and 65.82, concerning the Statewide Hunting and Fishing Proclamation.

The amendment to §65.3, concerning Definitions, adds a definition for ‘folding panel trap.’ Current gear restrictions do not address the use of folding panel traps for taking crabs. The proposed amendment to §65.78 would allow the use of folding panel traps, and a definition is needed to describe that type of gear so that it may be legally differentiated from other devices.

The amendment to §65.30, concerning Pronghorn Antelope, would clarify what is meant in the section by the term ‘tract of land.’ The current method used by the department to allocate antelope permits is based on the concept of the herd unit, which can be thought of as the antelope within that set of natural or man-made physical boundaries (such as highways, rivers, net-wire fences, etc.) that function to segregate those animals from other groups of antelope. Biological determinations of sustainable harvest numbers within a herd unit are derived from analysis of population data and habitat quality for that herd unit. The current regulation uses the term ‘tract of land’ in a way that suggests permits are issued for a specific tract of land, which indeed is the case in some instances. However, there are situations in which a landowner owns several tracts of land within a single herd unit. Because the harvest recommendations and subsequent permit issuance are based on the herd unit, it makes no difference, from a biological standpoint, exactly where the harvest of animals occurs, provided it occurs within the herd unit for which the permits were issued. The amendment accordingly adds language to clarify that, for the purposes of the section, “tract of land’ means any tract of land (including multiple tracts of land) under the same ownership within a single herd unit.

The amendment to §65.42, concerning Deer, consists of several actions. The first affects the Late Youth-Only Season. The late Youth-Only season was implemented in 2002 to complement the popular October youth-only season instituted in 1999 under the provisions of House Bill 2542, enacted by the 75th Texas Legislature, which authorized the commission to provide special hunting seasons restricted to persons less than 17 years of age. The purpose of the youth-only seasons is to foster and encourage youth participation in hunting activities by offering special time periods when mentors can take the opportunity to introduce to or instruct youths in the enjoyment of wildlife resources without the distractions of competing seasons or adult hunters. The exclusivity of the youth seasons also serves to promote hunting activities generally to those who might be interested in becoming involved. The current Late Youth-Only Season takes place the weekend following the general open season in counties that do not have a late special season or a late muzzleloader-only season, and does not apply to properties for which Level 3 Managed Lands Deer permits have been issued. The bag limit is restricted to antlerless deer in the number specified for the county where the take occurs, and if there are permit restrictions in the county during the general season, the harvest of antlerless deer during the late youth-only season must be by permit. The proposed change would alter the late youth-only season to allow the harvest of buck deer in all counties that have an open general season, and eliminate permit requirements for the take of antlerless deer in all counties except those where the antlerless harvest during the general season is by permit only for the entire general season. The action is intended to make the late youth-only season more consistent with the early youth-only season so as to reduce confusion and encourage greater participation. Department data indicate that the cumulative harvest during the current youth-only seasons is a negligible part of the overall deer harvest and therefore the proposed changes will not result in depletion or waste as defined by Parks and Wildlife Code, §61.005.

The amendment to §65.42 also would implement a four-day period (from Thanksgiving Day through the Sunday following Thanksgiving Day) during which antlerless deer could be taken without a permit in Brazos, Cherokee, Gregg, Grimes, Houston, Madison, Rusk, and Robertson counties. Under current regulations, the take of antlerless deer in those counties is by permit only for the entire general season. The current system of allowing general-season doe harvest with only LAMPS or MLD permits is not suitable for the current deer herd conditions. Analysis of deer herd characteristics indicates some deteriorating herd health indicators throughout the counties in question. The sex ratio is greatly skewed towards the doe segment of the deer herd and has remained above 4.9 does per buck for the past eight years (stabilized at around 5.6 does per buck for the last three years). Breeding chronology records for the Post Oak and Pineywoods ecoregions show an extremely long breeding season, which is most likely due to a skewed sex ratio. Fawn production has declined over the past eight years, and the values remain very low. The overall trend during the past eight years indicates a slightly-increasing density, with a dramatic increase over the past three years. According to hunter harvest surveys for the 2002-2003 hunting season, hunters killed only 1.5 does per 1,000 acres of deer range in the eight counties. Dressed body weight for 2.5 year-old does has consistently declined over the past eight years to well below the 80 pounds typical for this age/sex class; however, yearling buck weights have been on a slight increase. Increased doe harvest during the general season would help reduce the impact of the deer herd upon the habitat, improve the sex ratio, improve fawning success, and shorten the breeding season. The improved habitat resulting from this change should improve herd health by improving the quantity, quality, and diversity of food resources. Additionally, harvest pressure on yearling and 2.5 year old bucks could potentially decrease by redirecting some of the harvest towards does. In addition to improving biological parameters, addition of doe days to the proposed counties would increase hunter opportunity with absolutely no detriment to the resource for an area that has seen a 25% and 23% decrease in number of hunters and hunter days, respectively, over the past 10 years. Based on the supporting data, the proposed changes will not result in depletion or waste as defined by Parks and Wildlife Code, §61.005.

The amendment to §65.60, concerning Pheasant; Open Seasons, Bag, and Possession Limits, reinstates an opening date of the first Saturday in December in Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler, and Wilbarger counties. In April of 2003, the commission established an opening day of the first Saturday in December for those counties; however, the Outdoor Annual (a publication that is the principal source of hunter and angler information in the state) erroneously listed the opening day as the second Saturday in December. Rather than cause confusion amongst hunters and landowners, the commission in August of 2003 established the opening date as the second Saturday in order to be consistent. The opening date is now being moved to the date originally adopted in April of 2003 to reflect the original rulemaking.

The amendment to §65.64, concerning Turkey, would open a fall season for Rio Grande turkey in Denton and Johnson counties, a spring season for Eastern turkey in Hardin and Liberty counties, make the open spring season for Eastern turkey effective for the entire county in Montgomery and Tyler counties (each of which under current regulations enjoys a spring season for Eastern turkey in only a portion of the county), and extends the spring season for Eastern turkey to run from April 1 through April 30 of each year in all counties with a spring season for Eastern turkey.

Rio Grande turkey habitat in Denton and Johnson counties is confined to riparian areas, which is also where turkey habitat occurs in adjoining counties. Fall turkey harvest data for surrounding counties indicate harvest ranges from 0 to 375 turkeys harvested per county. Since portions of Denton and Johnson counties contain amounts of suitable turkey habitat similar to that in the surrounding counties, the harvest numbers in Denton and Johnson counties should be less than or equivalent to the harvest in surrounding counties.

Hardin County was stocked with Eastern turkey at three sites along the Big Thicket Corridor. One site was stocked in 1994 and two sites were stocked in 2001. The original stocking was in a remote area and Hardin County has few cooperators for the annual statewide brood survey, so little data exists regarding the success of this site. However, the remaining two sites, approximately 30 miles from the original release site, reported observing scattered individuals prior to release. Post-release, groups of turkeys (5-10 birds, including juveniles) have been observed on a regular basis during the fall of 2001 and 2002. It is therefore evident that an established population exists along the Big Thicket Corridor. The Big Thicket Corridor population will have been protected from harvest from 4-12 breeding seasons prior to the opening of the proposed season and further protection from harvest is no longer necessary. Liberty County was stocked at two sites along the Trinity River Corridor in 1999. The County turkey population, therefore, will have had six breeding seasons of protection prior to the proposed season and further protection is unnecessary. The season in Montgomery County (north of State Hwy. 105) was opened in 2000, when the season was opened for the entire Sam Houston National Forest. The Sam Houston National Forest includes lands in Montgomery, San Jacinto, and Walker counties. The only two sites stocked in Montgomery County exist entirely on private land south of State Hwy. 105, which were stocked in 1993. Opening the remainder of Montgomery County would simplify regulations, and after 12 protected breeding seasons, further protection is unnecessary. Two areas in Newton County were stocked in 2000 under license agreements that prohibited turkey hunting within posted areas. Observers have reported seeing production every year since the release, and gobble call counts on one release site indicated the presence of a minimum of 30 different gobblers during the spring of 2002. These Newton County sub-populations will have experienced five protected breeding seasons prior to the 2005 spring season. Further protection on these properties is unnecessary. The spring season in Tyler County (north of U.S. Hwy. 190) was opened during the 2000 season. Tyler County was last stocked in 1997. Therefore, continued protection is unnecessary and opening the southern half of Tyler County would expand recreational opportunity and simply regulations. Harvest regulations currently governing eastern turkey hunting in East Texas are the most conservative in the nation. These regulations allow limited hunting opportunity as soon as populations are proven to be established and are designed not to interfere with expansion. The opening date of the initial Eastern turkey season in 1995 in Red River County (the Monday closest to 21 April) was timed to coincide with the peak median date of incubation initiation identified from two previous Eastern turkey studies in Jasper and Trinity counties (Hopkins 1981 and Campo 1983). By selecting this season structure, all of the breeding has occurred prior to the season opening and gobblers are entering a second peak in gobbling activity, coinciding with a decrease in hen availability. Significant comments received from the public concerning the late starting date and data from additional eastern turkey studies (Lopez 1996 and George 1997) justified moving the starting date to the Monday closest to April 14, where it has remained to date. The trend in harvest occurrence from the check station data from 1997-2003 indicates that 21% of the harvest occurs opening day and 67% occurs within the first week. Since the chronology of spring green-up in East Texas varies greatly from north to south and the season is only 14 days long, it is probable that hunter satisfaction and success is impacted by the timing of the season. When peak incubation occurs later than April 14, the season starts during the period of peak breeding, when gobblers are not as vocal or vulnerable to hunters. Hunting pressure further decreases gobbling activity and vulnerability as the season progresses. Based on these data, the proposed season length expansion is not expected to exert a negative effect on the population, but will significantly increase hunter opportunity. Age structure is also not expected to change significantly and jake harvest may actually show a decline over time as hunters become more experienced. With a one-bird bag limit and a 30-day season, experienced hunters are more likely to be selective. The expected benefits of the season expansion are an increase in hunter satisfaction and participation. Spring turkey hunting has never been shown to negatively impact breeding activity or associated reproductive success. Therefore, a season opening April 1 and continuing through April 30 will provide hunting access to turkey populations throughout the peak periods of gobbling activity, which should increase hunter satisfaction and success. On public lands, the season expansion should also increase hunter satisfaction by distributing hunting pressure more evenly throughout the season and decreasing hunter interference rates. A longer season may also be more attractive to potential turkey hunters who have not participated thus far.

The change to §65.71, concerning Reservoir Boundaries, would alter the current definitions for Lake O’the Pines (Camp, Marion, Morris, and Upshur counties) and Pat Mayse Reservoir (Lamar County) to exclude tailrace waters. The new boundary for Lake O’the Pines would comprise the impounded waters of Big Cypress Creek from Ferrell’s Bridge Dam upstream to U.S. Hwy 259 bridge The new boundary for Pat Mayse Reservoir would comprise all impounded waters of Sanders Creek from Pat Mayse Reservoir Dam upstream to County Road 35610. The proposed changes to §65.72 would make the bag and possession limits on each of these two reservoirs identical to the limits in downstream waters. The original purpose of the reservoir definition (i.e., the inclusion of downstream waters for the applicability of limits) was to prevent problematic enforcement situations relating to differential harvest regulations. Unscrupulous persons in possession of fish in excess of limits were claiming to have caught the fish in nearby waters where the limits were different. The equalization of limits therefore makes the current boundary definitions unnecessary. However, on Lake Murvaul (Panola County), the problem has occurred frequently enough that a boundary definition is considered necessary. The proposed amendment would define Lake Murvaul as all impounded waters of Murvaul Bayou Creek upstream from the Lake Murvaul dam and Murvaul Bayou Creek downstream from the dam to Farm to Market Road 1970 bridge.

The change to §65.72, concerning Fish, consists of several actions that affect both fresh and salt water regulations, as follow.

Current harvest regulations for largemouth bass on San Augustine City Lake consist of an 18-inch minimum length limit and a five fish daily bag limit (in place since 1990).The proposed amendment would implement a 14-18 inch slot length limit, and the five fish daily bag would be retained. Changing the length limit to a 14-18 inch slot should enhance harvest opportunities that, for the most part, currently do not exist. The bass population structure is dominated by fish that are smaller than 14 inches in length. Local anglers have expressed a desire to harvest these small bass. This should be beneficial to the population as intraspecific competition would be decreased and may lead to an increase in the bass growth rates.

A new reservoir in Travis County, Lake Pflugerville, is scheduled to open to angling in 2005. The proposed amendment would implement an 18-inch minimum length limit and five fish daily bag for largemouth bass, and angling methods would be restricted to pole and line angling only. Protecting largemouth bass to 18 inches on this small impoundment should protect 14-18 inch bass from over harvest when the park is opened to the public. This will prevent a decrease in the quality of the fishery. Restricting gear to pole and line only will increase angler opportunity for channel catfish by preventing possible over harvest with other fishing methods such as trotlines or juglines.

Current harvest regulations for community fishing lakes (CFLs—impoundments of less than 75 acres and all impoundments regardless of size totally within a state park) consist of a 12-inch minimum length limit on channel and blue catfish with a five-fish daily bag limit (the statewide standard regulation is 25 fish). The proposed amendment would eliminate the length limit for catfish and retain the five-fish daily bag limit. The management goal for small-lake fisheries such as CFLs is to provide quality angling opportunities for anglers who cannot or choose not to go to the many large reservoirs located around Texas. Removing the length limit for catfish will help promote angling to novice or infrequent anglers who are unfamiliar with harvest regulations.

The current harvest regulations for white bass and white/striped bass hybrids on Lake O’the Pines (Camp, Marion, Morris, and Upshur counties) and Pat Mayse Reservoir (Lamar County) consist of a 10-inch minimum length and 25 daily bag limit (both species combined), of which only five may be 18 inches or longer. The proposed amendment would implement the statewide standard regulations for both species (10-inch minimum length limit and 25-fish daily bag limit for white bass and an 18-inch minimum length limit and five-fish daily bag for white/striped bass hybrids). The changes will have no effect on the population or fisheries of either species. Angling pressure for hybrids in both reservoirs was not sufficient to impact the population structure of hybrid striped bass. Abundance of hybrid striped bass has declined in these populations due to the absence of stocking, and hybrids no longer constitutes a viable fishery in either reservoir. The change will also make the fishing regulations for Pat Mayse and Lake O’the Pines reservoirs consistent with those of other reservoirs in the area.

The amendment to §65.72 also would allow the use of minnow traps in salt water. The department has determined that the use of minnow traps in salt water, under the same restrictions governing the use of minnow traps in freshwater, will not adversely affect any populations of marine organisms, primarily due to the small size and relative inefficiency of such devices, especially when restricted to nongame species only. The amendment also requires perch traps to be equipped with degradable panels. Research has shown that abandoned or lost traps can continue to function for years, leading to unnecessary lost and waste of marine organisms. By requiring that each perch trap be equipped with a degradable panel, the department hopes to reduce the potential of the trap to function as a killing machine in the event it is lost or abandoned.

The amendment to §65.78, concerning Crabs and Ghost Shrimp, would allow the use of certain folding panel-type traps to take crabs. Current gear restrictions do not address the use of folding panel traps, which are similar in effect and efficiency to hoop-type traps that are designated as lawful devices. To prevent angler confusion, the department proposes to allow the use of folding panel traps, provided the maximum volume of the trap does not exceed that prescribed for the hoop-type traps.

The amendment to §65.82, concerning Other Aquatic Life, would allow the take by hand of aquatic life the take of which is not specifically addressed by the other provisions of the subchapter, except for threatened or endangered species. The action is taken in order to allow persons to take by hand such organisms as they may encounter, and the department has determined that such take will not result in depletion or waste because of the limited success of hand take and the overall minuscule impact that hand take would have on marine life.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years 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 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 economic costs for persons required to comply with the rules as proposed. The amendment to §65.72(c)(5)(H) will require each perch trap to be equipped with a degradable panel. In each case the cost of compliance per device is less than $1 per trap. There are no other economic costs for persons required to comply with the rules as proposed. The agency has determined that there will be no adverse economic impacts to small businesses or microbusinesses as a result of the rules as proposed.

(C) The department has not drafted a local employment impact statement under the provisions of Government Code, §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.

(E) The department has determined that the proposed rules are not major environmental rules as defined by Government Code, §2001.0225.

4. Request for Public Comment.

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 regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life and the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life

The proposed 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 projection that extends at least one inch from the edge of a main beam or another tine. The tip of a main beam is also a point.

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

(6) Bait--Something used to lure any wildlife resource.

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

(9) Buck deer--A deer having a hardened antler protruding through the skin.

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

(11) 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) 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) Crab line--A baited line with no hook attached.

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

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

(16) Deer population data--Results derived from deer population surveys and/or from systematic data analysis of density or herd health indicators, such as browse surveys or other scientifically acceptable data, that function as direct or indirect indicators of population density

(17) Dip net--A mesh bag suspended from a frame attached to a handle.

(18) Final processing--the cleaning of a dead wildlife resource for cooking or storage purposes.

(19) 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.

(20) Fishing--Taking or attempting to take aquatic animal life by any means.

(21) 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.

(22) 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."

(23) Fishing guide--a person who operates a boat for compensation to accompany or to transport a person or persons engaged in fishing in the water of this state.

(24) Fishing guide deck hand--a person in the employ of a fishing guide who assists in operating a boat for compensation to accompany or to transport a person or persons engaged in fishing in the water of this state.

(25) Folding panel trap – a metallic or non-metallic mesh trap, the side panels hinged to fold flat when not in use, and suspended in the water by multiple lines.

(26) Fully automatic firearm--Any firearm that is capable of firing more than one cartridge in succession by a single function of the trigger.

(27)[(26)] Gaff--Any hand-held pole with a hook attached directly to the pole.

(28)[(27)] 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.

(29)[(28)] Gig--Any hand-held shaft with single or multiple points.

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

(31)[(30)] Lawful archery equipment--Longbow, recurved bow, and compound bow.

(32)[(31)] License year--The period of time for which an annual hunting or fishing license is valid.

(33)[(32)] Muzzleloader--Any firearm that is loaded only through the muzzle.

(34)[(33)] 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.

(35)[(34)] 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.

(36)[(35)] Pole and line--A line with hook, attached to a pole. This gear includes rod and reel.

(37)[(36)] Possession limit--The maximum number of a wildlife resource that may be lawfully possessed at one time.

(38)[(37)] 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.

(39)[(38)] 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.

(40)[(39)] 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.

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

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

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

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

(45)[(44)] Spike-buck deer--A buck deer with no antler having more than one point.

(46)[(45)] 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.

(47)[(46)] Trap--A rigid device of various designs and dimensions used to entrap aquatic life.

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

(49)[(48)] Trotline--A nonmetallic main fishing line with more than five hooks attached and with each end attached to a fixture.

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

(51)[(50)] 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.

(52)[(51)] Wildlife resources--All game animals, game birds, and aquatic animal life.

(53)[(52)] Wounded deer--A deer leaving a blood trail.

§65.30. Pronghorn Antelope Permit.

(a) The department shall designate the number of pronghorn antelope to be harvested from a given tract of land, and shall issue permits to the landowner.

(b) For the purposes of this section, ‘tract of land’ is a parcel or parcels of land under the same ownership within a single herd unit.

§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. No person may take more than two bucks, in the aggregate, from the counties listed in paragraphs (1), (2), and (6) of this subsection.

(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, 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, Crosby, Fisher, Floyd, Foard, Hall, Hansford, Hardeman, Hutchinson, Jones, Knox, Ochiltree, Randall, Stonewall, Swisher, 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, 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) 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.

(E) 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.

(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) 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), 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 Brazos, Cass, Cherokee, Gregg, Grimes, Harrison, Houston, Madison, Marion, Nacogdoches, Panola, Robertson, Rusk, Sabine, San Augustine and Shelby counties [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), DeWitt, 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, Milam, Travis (east of Interstate 35), Victoria (north of U.S. Highway 59), Waller, 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. Except on properties for which MLD level II or III permits have been issued, no person may take a buck deer in Austin, Colorado, Lavaca, Fayette, Lee, and Washington counties 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.

(6) In Angelina, Chambers, Hardin, Harris, 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 permit is required to hunt antlerless deer unless MLD permits have been issued for the property.

(9) Muzzleloader-only open seasons, and bag and possession limits shall be as follows.

(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, Harris, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, and Walker 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.

(C) No permit is required to hunt antlerless deer unless MLD permits or Wildlife Management Area permits have been issued for the property.

(10) Special Youth-Only Seasons. There [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.

(B) late open season: the third weekend (Saturday and Sunday) in January.

(C) [(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 subparagraph (D) of this paragraph [clause (ii) of this subparagraph].

(D)[(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. 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.]

(E) [(C)] Licensed [Only licensed] hunters 16 years of age or younger may hunt deer by any lawful means [of firearms] during the seasons [season] established by subparagraphs [subparagraph] (A) and (B) of this paragraph, except in Grayson County, where legal means are restricted to crossbow and lawful archery equipment[; all other deer hunting shall be by means of lawful archery equipment and crossbows only].

(F) A licensed hunter 16 years of age or younger may hunt any deer on any property (including MLD properties) during the seasons established by subparagraphs (A) and (B) of this paragraph.

(G) [(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 requirement [requirements] of Parks and Wildlife Code, Chapter 43, Subchapter [Subchapters] I [and Q], does [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.

§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.

(a) In Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler, and Wilbarger counties, there is an open season for pheasants.

(1) Open season: First [Second] Saturday of December for 30 consecutive days.

(2) Daily Bag limit: Two cock pheasants.

(3) Possession limit: Four cock pheasants.

(b) In Chambers, Jefferson, and Liberty, counties, there is an open season for pheasants.

(1) Open season: Saturday nearest November 1 through the last Sunday in February.

(2) Daily bag limit: Three cock pheasants.

(3) Possession limit: Six cock pheasants.

(c) In all other counties, there is no open season on pheasants.

(d) It is unlawful to hunt pheasant with the aid of a cable, chain, rope, or other device connected to or between a moving object or objects.

§65.64. Turkey.

(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.

(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, Denton, Erath, Gillespie, Goliad, Gonzales, Hamilton, Hays, Hill, Hood, Jack, Johnson, Karnes, Kendall, Kerr, Lampasas, Llano, McLennan, Medina (only north of U.S. Highway 90), Montague, Palo Pinto, Parker, Real, Somervell, Stephens, Travis, Wichita, Williamson, Wilson, Wise, and Young counties, there is a fall general open season.

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

(ii) Bag limit: four turkeys, gobblers or bearded hens.

(B) In Aransas, Atascosa, Bee, Calhoun, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Webb, and Zavala counties, there is a fall general open season.

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

(ii) Bag limit: four turkeys, gobblers or bearded hens.

(C) In Kinney (south of U.S. Highway 90) and Uvalde (south of U.S. Highway 90), and Val Verde (in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239) counties, there is a fall general open season.

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

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

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

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

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

(E) In Armstrong, Baylor, Borden, Briscoe, Brown, Callahan, Carson, Childress, Coke, Coleman, Collingsworth, Concho, Cottle, Crane, Crockett, Crosby, Dawson, Dickens, Donley, Eastland, Ector, Edwards, Fisher, Floyd, Foard, Garza, Glasscock, Gray, Hall, Hardeman, Hartley, Haskell, Hemphill, Howard, Hutchinson, Irion, Jones, Kent, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lynn, Martin, Mason, McCulloch, Menard, Midland, Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Pecos, Potter, Randall, Reagan, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Sterling, Stonewall, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wilbarger, and Val Verde (that portion located north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239) counties, there is a fall general open season.

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

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

(2) Archery-only season and bag limits. In all counties where there is a general fall season for turkey there is an open season during which turkey may be taken only as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

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

(B) Bag limit: in any given county, the annual bag limit is as provided by this section for the fall general season in that county.

(3) Spring season and bag limits.

(A) In Archer, Armstrong, Bandera, Baylor, Bell, Blanco, Borden, Bosque, Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Ellis, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Jeff Davis, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Val Verde, Ward, Wheeler, Wichita, Wilbarger, Williamson, Wise, and Young counties, there is a spring general open season.

(i) Open season: first Saturday in April for 37 consecutive days.

(ii) Bag limit: four turkeys, gobblers only.

(B) In Bastrop, Caldwell, Colorado, De Witt, Fayette, Guadalupe, Jackson, Lavaca, Lee, Milam, and Victoria counties, there is a spring general open season.

(i) Open season: first Saturday in April for 37 consecutive days.

(ii) Bag limit: one turkey, gobblers only.

(C) In Aransas, Atascosa, Bee, Bexar, Brooks, Calhoun, Dimmit, Duval, Frio, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kinney, Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina, Nueces, Refugio, San Patricio, Starr, Uvalde, Webb, Willacy, Wilson, and Zavala counties, there is a spring general open season.

(i) Open season: last Saturday in March for 37 consecutive days.

(ii) Bag limit: four turkeys, gobblers only.

(4) Special Youth-Only Season.

(A) There shall be a special youth-only general hunting season in all counties where there is a fall general open season.

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

(ii) bag limit: as specified for individual counties in paragraph (1) of this subsection.

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

(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Angelina, Bowie, Brazoria, Camp, Cass, Cherokee, Delta, Fannin, Fort Bend, Franklin, Grayson, Gregg, Hardin, Harrison, Hopkins, Houston, Hunt, Jasper, Lamar, Liberty, 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: from April 1 for 30 [the Monday nearest April 14 for 14] consecutive days.

(2) Bag limit (both species combined): one turkey, gobbler only.

(3) In the counties listed in this subsection:

(A) it is unlawful to hunt turkey by any means other than a shotgun, lawful archery equipment, or crossbows;

(B) it is unlawful for any person to take or attempt to take turkeys by the aid of baiting, or on or over a baited area; and

(C) all turkeys harvested during the open season must be registered at designated check stations within 24 hours of the time of kill. Harvested turkeys may be field dressed but must otherwise remain intact.

(d) In all counties not listed in subsection (b) or (c) of this section, the season is closed for hunting turkey.

§65.71. Reservoir Boundaries. Reservoir boundaries for daily bag, possession, and length limits.

(1) Buchanan Reservoir in Burnet, Lampasas, Llano and San Saba counties comprises all impounded waters of the Colorado River from Lake Buchanan dam upstream to the U.S. Highway 190 bridge.

(2) Caddo Lake in Marion and Harrison counties comprises all impounded waters of Big Cypress Bayou from the Texas-Louisiana border upstream to the State Highway 43 bridge.

(3) Canyon Reservoir in Comal County comprises all impounded waters of the Guadalupe River from the Canyon dam upstream to the U.S. Highway 281 bridge.

(4) Cooper Lake in Delta and Hopkins counties comprises all waters within the Corps of Engineers lands on Cooper Lake upstream from State Highway 19/154 and downstream from F.M. Road 71.

(5) Gibbons Creek Reservoir in Grimes County comprises all impounded waters within the Texas Municipal Power Agency property boundaries.

(6) Inks Lake in Burnet and Llano counties comprises all impounded waters of the Colorado River from the Roy Inks dam (Inks Lake dam) upstream to the Lake Buchanan dam.

(7) Lake Conroe in Montgomery and Walker counties comprises all impounded waters of the West Fork of the San Jacinto River from the Lake Conroe dam upstream to F.M. Road 1790 bridge.

(8) Lake Georgetown in Williamson County comprises all impounded waters of the North Fork of the San Gabriel River from the Lake Georgetown dam upstream to U.S. Highway 183 bridge.

(9) Lake Limestone in Leon, Limestone, and Robertson counties comprises all impounded waters of the Navasota River from the Lake Limestone dam upstream to the Fort Parker State Park Lake dam.

(10) Lake Livingston in Leon, Houston, Madison, Polk, San Jacinto, Trinity, and Walker counties comprises all impounded waters of the Trinity River from the Lake Livingston dam upstream to the lock and dam near State Highway 7.

(11) Lake Lyndon B. Johnson in Burnet and Llano counties comprises all impounded waters of the Colorado River from the Alvin Wirtz Dam (Lake Lyndon B. Johnson dam) upstream to the Roy Inks dam (Inks Lake dam) including the Llano River upstream to the State Highway 16 bridge and Sandy Creek upstream to the State Highway 71 bridge.

(12) Lake Marble Falls in Burnet County comprises all impounded waters of the Colorado River from the Max Starcke dam (Lake Marble Falls dam) upstream to the Alvin Wirtz dam (Lake Lyndon B. Johnson dam).

(13) Lake Murvaul in Panola County comprises all impounded waters of Murvaul Creek Bayou upstream from the Lake Murvaul dam and Murvaul Creek Bayou downstream from the dam to the Farm to Market Road 1970 bridge.

(14) Lake O'the Pines in Camp, Marion, Morris, and Upshur Counties comprises all impounded waters of Big Cypress Creek from Ferrell's Bridge dam (the Lake O'the Pines dam) upstream to the U.S. Highway 259 bridge [and Big Cypress Creek from Ferrell's Bridge dam downstream to Ferrell's Bridge crossing].

(15)[(14)] Lake Palestine in Anderson, Cherokee, Henderson, Smith, and Van Zandt counties comprises all impounded waters of the Neches River from the Blackburn Crossing dam (the Lake Palestine dam) upstream to F.M. Road 279 bridge including Kickapoo and Flat Creeks in Henderson County.

(16)[(15)] Lake Pat Mayse in Lamar County comprises all impounded waters of Sanders Creek from Pat Mayse Lake Dam upstream to County Road 35610 [and Sanders Creek from Pat Mayse Lake Dam downstream to F.M. Road 197].

(17)[(16)] Lake Somerville in Burleson, Lee, Milam, and Washington Counties comprises all impounded waters of Yegua, East Yegua, and Middle Yegua Creeks upstream from the Lake Somerville dam.

(18)[(17)] Lake Travis in Burnet and Travis Counties comprises all impounded waters of the Colorado River from the Mansfield dam (Lake Travis dam) upstream to the Max Starcke dam (Lake Marble Falls dam) including the Pedernales River upstream to the Hammetts Crossing-Hamilton Pool Road bridge.

(19)[(18)] Purtis Creek State Park Lake in Henderson and Van Zandt Counties comprises all waters within the Purtis Creek State Park boundaries.

(20) [(19)] Toledo Bend Reservoir in Newton, Sabine, and Shelby counties comprises all impounded waters of the Sabine River from the Toledo Bend Reservoir Dam to the U.S. Highway 84 bridge.

§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 land by boat or person 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) 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) to use airboats or jet-driven devices to pursue and harass or harry fish; or

(G) 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.

Figure: 31 TAC §65.72(b)(2)(B)

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.
Grouper, goliath. 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 25*
*Special Regulation: One spotted seatrout greater than 25 inches may be retained per day.
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:
Attached Graphic Figure: 31 TAC §65.72(b)(2)(C)(i)

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), Possum Kingdom (Palo Pinto, Stephens, Young), Proctor (Comanche), and Ratcliff (Houston). 5 16  
Lakes Aquilla (Hill) , Bellwood (Smith), Braunig (Bexar), Bright (Williamson), Brushy Creek (Williamson), Bryan (Brazos), Calaveras (Bexar), Casa Blanca (Webb), Cleburne State Park (Johnson), Cooper (Delta and Hopkins), Fairfield (Freestone), Gilmer (Upshur), Jacksonville (Cherokee), Meridian State Park (Bosque), Old Mount Pleasant City (Titus), Pflugerville (Travis), Rusk State Park (Cherokee)[, San Augustine City (San Augustine)], and Welsh (Titus) 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), 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 Bridgeport (Jack and Wise), Burke-Crenshaw (Harris), Caddo (Marion and Harrison), Davy Crockett (Fannin) , Grapevine (Denton and Tarrant), Georgetown (Williamson), Madisonville (Madison), San Augustine City (San Augustine),and Sweetwater (Nolan) 5 14-18 Inch Slot Limit It is unlawful to retain largemouth bass between 14 and 18 inches in length.
Lakes Athens (Henderson), Bastrop (Bastrop), Buescher State Park (Bastrop), Houston County (Houston), Joe Pool (Dallas, Ellis, and Tarrant), Mill Creek (Van Zandt), Murvaul (Panola), Nacogdoches (Nacogdoches), Pinkston (Shelby), Timpson (Shelby), Town (Travis), and Walter E. Long (Travis). 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.
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, Stephens, Young) 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 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 5 (in any combination) No limit [12]
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.
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.

(iii) Fish caught in federal waters in compliance with a federal fishery management plan may be landed in Texas.

(iv) The bag limit for a guided fishing party is equal to the total number of persons in the boat licensed to fish or otherwise exempt from holding a license minus each fishing guide and fishing guide deckhand multiplied by the bag limit for each species harvested.

(c) Devices, means and methods.

(1) In fresh water only, it is unlawful to fish with more than 100 hooks on all devices combined.

(2) In community fishing lakes, Lake Pflugerville (Travis County), and in sections of rivers lying totally within the boundaries of state parks, game and non-game fish may be taken by pole and line only.

(3) It is unlawful to take, attempt to take, or possess fish caught in public waters of this state by any device, means, or method other than as authorized in this subsection.

(4) In salt water only, it is unlawful to fish with any device that is marked with a buoy made of a plastic bottle(s) of any color or size.

(5) Device restrictions.

(A) Cast net. It is unlawful to use a cast net exceeding 14 feet in diameter.

(i) Only non-game fish may be taken with a cast net.

(ii) In salt water, non-game fish may be taken for bait purposes only.

(B) Dip net.

(i) It is unlawful to use a dip net except:

(I) to aid in the landing of fish caught on other legal devices; and

(II) to take non-game fish.

(ii) In salt water, non-game fish may be taken for bait purposes only.

(C) Gaff.

(i) It is unlawful to use a gaff except to aid in landing fish caught by other legal devices, means or methods.

(ii) Fish landed with a gaff may not be below the minimum, above the maximum, or within a protected length limit.

(D) Gig. Only non-game fish may be taken with a gig.

(E) Jugline. For use in fresh water only. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a jugline. It is unlawful to use a jugline:

(i) with invalid gear tags. Gear tags must be attached within six inches of the free-floating device, are valid for 30 days after the date set out, and must include the number of the permit to sell non-game fish taken from freshwater, if applicable;

(ii) for commercial purposes that is not marked with an orange free-floating device;

(iii) for non-commercial purposes that is not marked with a white free-floating device;

(iv) in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(F) Lawful archery equipment. Only non-game fish may be taken with lawful archery equipment or crossbow.

(G) Minnow trap (fresh water and salt water) [For use in fresh water only].

(i) Only non-game fish may be taken with a minnow trap.

(ii) It is unlawful to use a minnow trap that exceeds 24 inches in length or with a throat larger than one by three inches.

(H) Perch traps. For use in salt water only.

(i) Perch traps may be used only for taking non-game fish.

(ii) It is unlawful to fish a perch trap that:

(I) exceeds 18 cubic feet in volume;

(II) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:

(-a-) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or

(-b-) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or

(-c-) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:

(-1-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-2-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-3-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand # 530), sisal twine (comparable to Lehigh brand # 390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed.

(III) that is not marked with a floating visible orange buoy not less than six inches in height and six inches in width. The buoy must have a gear tag attached. Gear tags are valid for 30 days after date set out. [Perch traps may not exceed 18 cubic feet.]

[(iii) Perch traps must be marked with floating visible orange buoy not less than six inches in height and six inches in width. The buoy must have a gear tag attached. Gear tags are valid for 30 days after date set out.]

(I) Pole and line.

(i) Game and non-game fish may be taken by pole and line. It is unlawful to take or attempt to take fish with one or more hooks attached to a line or artificial lure used in a manner to foul-hook a fish (snagging or jerking). A fish is foul-hooked when caught by a hook in an area other than the fish's mouth.

(ii) Game and nongame fish may be taken by pole and line. It is unlawful to take fish with a hand-operated device held underwater except that a spear gun and spear may be used to take nongame fish.

(iii) Game and non-game fish may be taken by pole and line, except that in the Guadalupe River in Comal County from the second bridge crossing on River Road upstream to the easternmost bridge crossing on F.M. Road 306, rainbow and brown trout may not be retained when taken by any method except artificial lures. Artificial lures cannot contain or have attached either whole or portions, living or dead, of organisms such as fish, crayfish, insects (grubs, larvae, or adults), or worms, or any other animal or vegetable material, or synthetic scented materials. This does not prohibit the use of artificial lures that contain components of hair or feathers. It is an offense to possess rainbow and brown trout while fishing with any other device in that part of the Guadalupe River defined in this paragraph.

(J) Purse seine (net).

(i) Purse seines may be used only for taking menhaden, only from that portion of the Gulf of Mexico within the jurisdiction of this state extending from one-half mile offshore to nine nautical miles offshore, and only during the period of time beginning the third Monday in April through the first day in November each year.

(ii) Purse seines used for taking menhaden may not be used within one mile of any jetty or pass.

(iii) The purse seine, not including the bag, shall not be less than three-fourths inch square mesh.

(K) Sail line. For use in salt water only.

(i) Non-game fish, red drum, spotted seatrout, and sharks may be taken with a sail line.

(ii) Line length shall not exceed 1,800 feet from the reel to the sail.

(iii) The sail and most shoreward float must be a highly visible orange or red color. All other floats must be yellow.

(iv) No float on the line may be more than 200 feet from the sail.

(v) A weight of not less than one ounce shall be attached to the line not less than four feet or more than six feet shoreward of the last shoreward float.

(vi) Reflectors of not less than two square inches shall be affixed to the sail and floats and shall be visible from all directions for sail lines operated from 30 minutes after sunset to 30 minutes before sunrise.

(vii) There is no hook spacing requirement for sail lines.

(viii) No more than one sail line may be used per fisherman.

(ix) Sail lines may not be used by the holder of a commercial fishing license.

(x) Sail lines must be attended at all times the line is fishing.

(xi) Sail lines may not have more than 30 hooks and no hook may be placed more than 200 feet from the sail.

(L) Seine.

(i) Only non-game fish may be taken with a seine.

(ii) It is unlawful to use a seine:

(I) which is not manually operated.

(II) with mesh exceeding 1/2-inch square.

(III) that exceeds 20 feet in length.

(iii) In salt water, non-game fish may be taken by seine for bait purposes only.

(M) Shad trawl. For use in fresh water only.

(i) Only non-game fish may be taken with a shad trawl.

(ii) It is unlawful to use a shad trawl longer than six feet or with a mouth larger than 36 inches in diameter.

(iii) A shad trawl may be equipped with a funnel or throat and must be towed by boat or by hand.

(N) Spear. Only non-game fish may be taken with a spear.

(O) Spear gun. Only non-game fish may be taken with spear gun.

(P) Throwline. For use in fresh water only.

(i) Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a throwline.

(ii) It is unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(Q) Trotline.

(i) Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken by trotline.

(ii) It is unlawful to use a trotline:

(I) with a mainline length exceeding 600 feet;

(II) with invalid gear tags. Gear tags must be attached within three feet of the first hook at each end of the trotline and are valid for 30 days after date set out, except on saltwater trotlines, a gear tag is not required to be dated;

(III) with hook interval less than three horizontal feet;

(IV) with metallic stakes; or

(V) with the main fishing line and attached hooks and stagings above the water's surface.

(iii) In fresh water, it is unlawful to use a trotline:

(I) with more than 50 hooks;

(II) in Gibbons Creek Reservoir in Grimes County, Lake Bastrop in Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County, and Tankersley Reservoir in Titus County.

(iv) In salt water:

(I) it is unlawful to use a trotline:

(-a-) in or on the waters of the Gulf of Mexico within the jurisdiction of this state;

(-b-) from which red drum, sharks or spotted seatrout caught on the trotline are retained or possessed;

(-c-) placed closer than 50 feet from any other trotline, or set within 200 feet of the edge of the Intracoastal Waterway or its tributary channels. No trotline may be fished with the main fishing line and attached hooks and stagings above the water's surface;

(-d-) baited with other than natural bait, except sail lines;

(-e-) with hooks other than circle-type hook with point curved in and having a gap (distance from point to shank) of no more than one-half inch, and with the diameter of the circle not less than five-eighths inch. Sail lines are excluded from the restrictions imposed by this clause; or

(-f-) in Aransas County in Little Bay and the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the causeway between Lamar Peninsula and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine-Mile Point, past the town of Rockport to a point at the east end of Talley Island, including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.

(II) No trotline or trotline components, including lines and hooks, but excluding poles, may be left in or on coastal waters between the hours of 1 p.m. on Friday through 1:00 p.m. on Sunday of each week, except that attended sail lines are excluded from the restrictions imposed by this clause. Under the authority of the Texas Parks and Wildlife Code, §66.206(b), in the event small craft advisories or higher marine weather advisories issued by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines may remain in the water until 6:00 p.m. on Friday. If small craft advisories are in place at 1:00 p.m. on Friday, trotlines may remain in the water until Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday, trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m. on Saturday. When small craft advisories or higher marine weather advisories are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish or any other aquatic life from trotlines during the period that trotline removal requirements are suspended under this provision for adverse weather conditions. For purposes of enforcement, the geographic area customarily covered by marine weather advisories will be delineated by department policy.

(III) It is unlawful to fish for commercial purposes with:

(-a-) more than 20 trotlines at one time;

(-b-) any trotline that is not marked with yellow flagging attached to stakes or with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width attached to end fixtures;

(-c-) any trotline that is not marked with yellow flagging attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to end fixtures;

(-d-) any trotline that is marked with yellow flagging or with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

(IV) It is unlawful to fish for non-commercial purposes with:

(-a-) more than 1 trotline at any time; or

(-b-) any trotline that is not marked with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide stripe of contrasting color, attached to end fixtures.

(R) Umbrella net.

(i) Only non-game fish may be taken with an umbrella net.

(ii) It is unlawful to use an umbrella net with the area within the frame exceeding 16 square feet.

§65.78. Crabs and Ghost Shrimp.

(a) Bag, possession and size limits.

(1) It is unlawful while fishing on public waters to have in possession crabs or ghost shrimp in excess of the daily bag limit as established for those waters.

(2) There are no bag, possession, or size limits on crabs or ghost shrimp except as provided in these rules.

(3) It is unlawful to:

(A) possess egg-bearing (sponge) crabs or stone crabs;

(B) possess blue crabs less than five inches in width (measured across the widest point of the body from tip of spine to tip of spine) except that not more than 5.0%, by number, of undersized crabs may be possessed for bait purposes only, if placed in a separate container at the time of taking;

(C) remove or possess the left claw from a stone crab (each retained claw must be at least 2-1/2 inches long as measured from the tip of the immovable claw to the first joint behind the claw);

(D) fail to return immediately a stone crab to the waters where caught;

(E) buy or sell a female crab that has its abdominal apron detached; or

(F) possess more than 20 ghost shrimp (Callichiris islagrande, formerly Callianassa islagrande) per person.

(b) Seasons. There are no closed seasons for the taking of crabs, except as listed within this section.

(c) Closed Crab Trap Season: It is unlawful to place, fish, or leave a crab trap or crab trap component in the coastal waters of the state from the third Friday in February for 10 consecutive days.

(d) Places. There are no places closed for the taking of crabs, except as listed within this section.

(e) Devices, means and methods.

(1) It is unlawful to take, attempt to take, or possess crabs caught by devices, means, or methods other than as authorized in this subchapter.

(2) Only the following means and methods may be used for taking crabs:

(A) Crab line. It is unlawful to fish a crab line for commercial purposes that is not marked with a floating white buoy not less than six inches in height, six inches in length and six inches in width bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the end fixtures.

(B) Folding panel trap.

(i) Only crabs may be taken with a folding panel trap.

(ii) It is unlawful to use a folding panel trap with an overall surface area, including panels, exceeding 16 square feet.

(C) Crab trap. It is unlawful to:

(i) fish for commercial purposes under authority of a commercial crab fisherman's license with more than 200 crab traps at one time;

(ii) fish for commercial purposes under authority of a commercial finfish fisherman's license with more than 20 crab traps at one time;

(iii) fish for non-commercial purposes with more than six crab traps at one time;

(iv) fish a crab trap in the fresh waters of this state;

(v) fish a crab trap that:

(I) exceeds 18 cubic feet in volume;

(II) is not equipped with at least two escape vents (minimum 2-3/8 inches inside diameter) in each crab-retaining chamber, and located on the outside trap walls of each chamber; and

(III) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:

(-a-) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or

(-b-) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or

(-c-) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:

(-1-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-2-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or

(-3-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand # 530), sisal twine (comparable to Lehigh brand # 390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed.

(vi) fish a crab trap for commercial purposes under authority of a commercial crab fisherman's license:

(I) that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;

(II) that is not marked with a white buoy bearing the commercial crab fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;

(III) that is marked with a buoy bearing a commercial crab fisherman's license plate number other than the commercial crab fisherman's license plate number displayed on the crab fishing boat;

(vii) fish a crab trap for commercial purposes under authority of a commercial finfish fisherman's license:

(I) that is not marked with a floating white buoy not less than six inches in height, six inches in length, and six inches in width attached to the crab trap;

(II) that is not marked with a white buoy bearing the letter 'F' and the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to the crab trap;

(III) that is marked with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

(viii) fish a crab trap for non-commercial purposes without a floating white buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide center stripe of contrasting color, attached to the crab trap;

(ix) fish a crab trap in public salt waters without a valid gear tag. Gear tags must be attached within 6 inches of the buoy and are valid for 30 days after date set out.

(x) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula or possess, use or place more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County;

(xi) remove crab traps from the water or remove crabs from crab traps during the period from 30 minutes after sunset to 30 minutes before sunrise;

(xii) place a crab trap or portion thereof closer than 100 feet from any other crab trap, except when traps are secured to a pier or dock;

(xiii) fish a crab trap in public waters that is marked with a buoy made of a plastic bottle(s) of any color or size; or

(xiv) use or place more than three crab traps in public waters of the San Bernard River north of a line marked by the boat access channel at Bernard Acres.

(D)[(C)] Sand pump. It is unlawful for any person to use a sand pump:

(i) that is not manually operated; or

(ii) for commercial purposes.

(E)[(D)] Other devices. Devices legally used for taking fresh or salt water fish or shrimp may be used to take crab if operated in places and at times authorized by a proclamation of the Parks and Wildlife Commission or the Parks and Wildlife Code.

§65.82. Other Aquatic Life.

(a) It is unlawful for a person to knowingly take, kill, or disturb sea turtles or sea turtle eggs in or from the waters of the State of Texas.

(b) There is no open season on porpoises, dolphins (mammals), and whales.

(c) Any other aquatic life (except threatened and endangered species) not addressed in this subchapter may be taken only by hand or with the devices defined as lawful for taking fish, crabs, oysters, or shrimp in places and at times as provided by proclamations of the Parks and Wildlife Commission and the Parks and Wildlife Code.

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


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