Presenter: Mike Berger

Commission Agenda Item No. 9
Action
Legislative Rules Review
Chapter 65 – Wildlife
November 2004

I. Executive Summary: This item seeks adoption of the final segment of the legislative rules review of Chapter 65 (Wildlife) of the department's rules.

II. Discussion: Government Code, §2001.039 (the Act), requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. The Commission at its August 2004 meeting readopted the contents of five subchapters (A, G, J, O, and V) within Chapter 65 and authorized staff to publish proposed changes to four other subchapters (C, D, H, and T). The proposed changes appeared in the September 24, 2004, issue of the Texas Register (29 TexReg 9165). The department also published a Notice of Intent to Review in the October 1, 2004, issue of the Texas Register (29 TexReg 9413) for the contents of the remaining subchapters within Chapter 65 (K, N, P, and Q). With the adoption of the proposed amendments and the review of the remaining subchapters, the rule review of Chapter 65 will be complete.

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

"As part of the legislative rules review required by Government Code, §2001.039, the Texas Parks and Wildlife Commission adopts proposed amendments to 31 TAC Chapter 65 §;65.107, 65.132, 65.191, 65.193, 65.194, and 65.603 (Subchapters C, D, H, and T), with changes as necessary to the proposed text as published in the September 24, 2004, issue of the Texas Register (TexReg 9165). To complete the required rules review, the Texas Parks and Wildlife Commission readopts the contents of 31 TAC Chapter 65, Subchapters K, N, P, and Q without change and the contents of 31 TAC Chapter 65, Subchapters C, D, H, and T, as amended."

Attachments - 2
1. Exhibit A - Proposed Amendments
2. Exhibit B - Fiscal Note


Commission Agenda Item No. 9
Exhibit A

Rule Review
Permits to Trap, Transport, and Transplant Game Animals and Game Birds
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §65.107, concerning permits to trap, transport, and transplant game animals and game birds (popularly referred to as 'Triple T' permits). The amendment is a result of the department's review process under the provisions of Government Code, §2001.039, which requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. As a result of the review and the department's recent rulemaking that consolidated all fee amounts in 31 TAC Chapter 53 (relating to Finance), the proposed amendment would eliminate references to specific fee amounts and comport the remaining language accordingly. The effect of the amendment is nonsubstantive.


2. Fiscal Note.

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


3. Public Benefit/Cost Note.

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

(A) The public benefit expected as a result of the proposed rules will be an accurate regulation that does not contain extraneous information.

(B) There will be no adverse economic cost for small businesses, microbusinesses, or persons required to comply with the rule as proposed, as the proposed amendment does not alter the current cost of compliance with any regulation.

(C) The department has determined that the rule will not affect local economies; accordingly, no local employment impact statement has been prepared.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rule.

(E) The department has determined that Government Code, Chapter 2007 (Governmental Action Affecting Private Property Rights), does not apply to the proposed rule.


4. Request for Public Comment.

Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us.

§65.107. Permit Applications and Processing[and Fees].

(a) Permit applications.

(1) Application for permits authorized under this subchapter shall be on a form prescribed by the department.

(2) A single application for a Trap, Transport, and Transplant Permit or an Urban White-tailed Removal Permit may specify multiple trap and/or release sites. A single application for a Trap, Transport, and Process Surplus White-tailed Deer Permit may specify multiple trap sites and/or processing facilities.

(3) A single application may not specify multiple species of game birds and/or game animals.

(4) The application must be signed by:

(A) the applicant;

(B) the landowner or agent of the trap site(s); and

(C) the landowner or agent of the release site(s) or the owner or agent of the processing facility or facilities.

(5) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities.

(b) Appeals. An applicant for a permit under this subchapter may appeal the decisions of the department concerning the stipulations of a permit. All appeals involving the provisions of paragraphs (1) and (2) of this subsection shall be resolved within 10 working days of notification of the department by the person making the appeal.

(1) An applicant seeking to appeal the decisions of the department with respect to permit issuance under this subchapter shall first contact the immediate in-line supervisor of the TPW employee responsible for authorizing the permitted activities.

(2) If the determination of the immediate in-line supervisor is unsatisfactory to the applicant, the applicant is entitled to have the appeal presented to an appeals panel. The decision of the appeals panel is final. The appeals panel shall consist of the following:

(A) the Director of the Wildlife Division;

(B) the Regional Director and District Leader with jurisdiction; and

(C) the White-tailed Deer Program Leader and the Game Branch Chief.

(3) If the determination of the panel is unsatisfactory to the applicant, the applicant is entitled to have the appeal presented to the Private Lands Advisory Board and the Hunting Advisory Board for the purpose of determining if regulatory revision is appropriate.

(c) Permit fees.

(1) The nonrefundable processing fees [department shall charge a nonrefundable application processing fee of $150] for permits and amendments authorized pursuant to this subchapter are prescribed in Chapter 53, Subchapter A of this title (relating to Fees).

[(2) The department shall charge a nonrefundable application processing fee of $25 for amendments to existing permits.]

(2)[(3)] The department will not process any permit application unless the appropriate [application] fee has been received by the department.

(3)[(4)] Applications to trap, transport, and transplant nuisance squirrels are exempt from application fees.

(4)[(5)] Applications for urban white-tailed deer removal permits that specify trap sites consisting solely of property owned by a political subdivision or institution of higher education of this state are exempt from application fees.

(5)[(6)] Applications to trap, transport, and process surplus white-tailed deer are exempt from application fees.

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

Issued in Austin, Texas, on

Rule Review Changes
Deer Management Permit
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §65.132, concerning deer management permits. The amendment is a result of the department’s review process under the provisions of Government Code, §2001.039, which requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. As a result of the review and the department’s recent rulemaking that consolidated all fee amounts in 31 TAC Chapter 53 (relating to Finance), the proposed amendment would update the citation of the portion of Chapter 53 where the processing fees for deer management permits are located. The effect of the amendment is nonsubstantive.


2. Fiscal Note.

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


3. Public Benefit/Cost Note.

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

(A) The public benefit expected as a result of the proposed rules will be an accurate regulation that does not contain extraneous information.

(B) There will be no adverse economic cost for small businesses, microbusinesses, or persons required to comply with the rule as proposed, as the proposed amendment does not alter the current cost of compliance with any regulation.

(C) The department has determined that the rule will not affect local economies; accordingly, no local employment impact statement has been prepared.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rule.

(E) The department has determined that Government Code, Chapter 2007 (Governmental Action Affecting Private Property Rights), does not apply to the proposed rule.


4. Request for Public Comment.

Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us.


§65.132. Permit Application [and Fees].

(a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees)[§53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits)]. Incomplete applications will be returned to the applicant and will not be processed until complete. A DMP will be issued following the approval of the applicant's deer management plan by a Wildlife Division technician or biologist assigned to write wildlife management plans.

(b) A permit under this subchapter is valid from September 1 of one year through August 31 of the immediately following year.

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

Issued in Austin, Texas, on

Rule Review Changes
Public Lands Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §65.190, 65.191, 65.193, 65.194, and 65.202 concerning the Public Lands Proclamation. The amendments are a result of the department’s review process under the provisions of Government Code, §2001.039, which requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. As a result of the review, the department identified several instances within the subchapter of outdated or inaccurate references, which are addressed by the nonsubstantive changes proposed here, with the exception of the change involving §65.193, which is discussed elsewhere in this preamble.

The amendment to §65.190, concerning Application, assigns a numbered identifier to the following units of public hunting lands: Lake McClellan Recreation Area, Mason Mountain Wildlife Management Area, and Nannie Stringfellow Wildlife Management Area. The numerical designations are used in department publications as a shorthand notation and therefore need to be appended to the rule.

The amendment to §65.191, concerning Definitions, eliminates the definition for the Texas Conservation Passport, which has been discontinued, and replaces the current definition of —minor’ with a definition of —youth,’ which is intended to make the terminology in the rules more consistent with department literature and regulations concerning youth and youth hunting.

The amendment to §65.193, concerning Access Permit Required and Fees, excises all references to the Texas Conservation Passport, which has been discontinued; eliminates a reference to the fee ceiling for a special hunting permit, which is necessary because all fee amounts have been consolidated, through a previous rulemaking, in 31 TAC Chapter 53, concerning Finance; and eliminates the provision allowing for the resubmission of incorrectly completed applications for special permit hunts. Until recently, the department’s procedures for processing special permit hunt applications allowed applicants in some but not all cases to be notified of an invalid application, giving the applicant the opportunity to correct and resubmit the application prior to the deadline. The fee for special permit hunt applications is to cover the administrative costs to the department of processing the applications and administering the public hunting program. The fee is nonrefundable because the department incurs a processing cost regardless of whether an application is valid or not. Owing to the steady increase in the popularity of special permit hunts, the number of invalid applications has risen to the point that the department is no longer able to review the applications at a point in time that would allow for notification and resubmission by participants.

The amendment to §65.194, concerning Competitive Hunting Dog Event (Field Trials) and Fees, alters a citation to Chapter 53, concerning Finance, which was rendered obsolete and inaccurate by a recent rulemaking.

The amendment to §65.202, concerning Youth Hunting on Public Lands, replaces the term —minor’ with the term —youth’ and stipulates that a person must be younger than 17 to apply for youth hunts on public lands. The current provision does not identify the precise age cut-off for applications for youth hunts.


2. Fiscal Note.

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


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 expected as a result of the proposed rules will be clearer and more user-friendly regulations, and a more streamlined and efficient process for selecting participants for special permit hunts.

(B) There will be no adverse economic cost for small businesses, microbusinesses, or persons required to comply with the rules as proposed, as the proposed amendments do not alter the current cost of compliance with any regulation.

(C) The department has determined that the rules will not affect local economies; accordingly, no local employment impact statement has been prepared.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.

(E) The department has determined that Government Code, Chapter 2007 (Governmental Action Affecting Private Property Rights), does not apply to the proposed rules.


4. Request for Public Comment.

Comments on the proposed rule may be submitted to Vickie Fite, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4770; e-mail: vickie.fite@tpwd.state.tx.us.

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish an open season on wildlife management areas and public hunting lands and authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands; Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources; and Chapter 62, Subchapter D, which provides authority, as sound biological management practices warrant, to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife.

The proposed amendments affect Parks and Wildlife Code, Chapter 81, Subchapter E.

§65.190. Application.

(a) This subchapter applies to all activities subject to department regulation on lands designated by the department as public hunting lands, regardless of the presence or absence of boundary markers. Public hunting lands are acquired by lease or license, management agreements, trade, gift, and purchase. Records of such acquisition are on file at the Department's central repository.

(b) On U.S. Forest Service Lands designated as public hunting lands (Alabama Creek, Bannister, Caddo, Lake McClellan Recreation Area, Moore Plantation, and Sam Houston National Forest WMAs) or any portion of Units 902 and 903, persons other than hunters are exempt from the provisions of this subchapter, except for the provisions of §65.199(14) of this title (relating to General Rules of Conduct).

(c) On U.S. Army Corps of Engineer Lands designated as public hunting lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs), persons other than hunters and equestrian users are exempt from requirements for an access permit.

(d) On state park lands designated as public hunting lands, access for fishing and non-consumptive use is governed by state park regulations.

(e) Public hunting lands include, but are not limited to, the following:

(1) Alabama Creek WMA (Unit 904);

(2) Alazan Bayou WMA (Unit 747);

(3) Aquilla WMA (Unit 748);

(4) Atkinson Island WMA;

(5) Bannister WMA (Unit 903);

(6) Big Lake Bottom WMA (Unit 733);

(7) Black Gap WMA (Unit 701);

(8) Caddo Lake State Park and WMA (Unit 730);

(9) Caddo National Grasslands WMA (Unit 901);

(10) Candy Abshier WMA;

(11) Cedar Creek Islands WMA (includes Big Island, Bird Island, and Telfair Island Units);

(12) Chaparral WMA (Unit 700);

(13) Cooper WMA (Unit 731);

(14) D.R. Wintermann WMA;

(15) Dam B WMA—includes Angelina-Neches Scientific Area (Unit 707);

(16) Designated Units of the Las Palomas WMA;

(17) Designated Units of Public Hunting Lands Under Short-Term Lease;

(18) Designated Units of the Playa Lakes WMA;

(19) Designated Units of the State Park System;

(20) Elephant Mountain WMA (Unit 725);

(21) Gene Howe WMA (Unit 755)—includes Pat Murphy Unit (Unit 706);

(22) Granger WMA (Unit 709);

(23) Guadalupe Delta WMA (Unit 729)—includes Mission Lake Unit (720), Guadalupe River Unit (723), Hynes Bay Unit (724), and San Antonio River Unit (760);

(24) Gus Engeling WMA (Unit 754);

(25) James Daughtrey WMA (Unit 713);

(26) J.D. Murphree WMA (Unit 783);

(27) Keechi Creek WMA (Unit 726);

(28) Kerr WMA (Unit 756);

(29) Lake McClellan Recreation Area (Unit 906);

(30) Lower Neches WMA (Unit 728)—includes Old River Unit and Nelda Stark Unit;

(31) Mad Island WMA (Unit 729);

(32) Mason Mountain WMA (Unit 749);

(33) Matador WMA (Unit 702);

(34) Matagorda Island State Park and WMA (Unit 1134);

(35) M.O. Neasloney WMA;

(36) Moore Plantation WMA (Unit 902);

(37) Nannie Stringfellow WMA (Unit 716);

(38) North Toledo Bend WMA (Unit 615);

(39) Old Sabine Bottom WMA (Unit 732);

(40) Old Tunnel WMA;

(41) Pat Mayse WMA (Unit 705);

(42) Peach Point WMA (Unit 721)—includes Bryan Beach Unit (Unit 1075);

(43) Ray Roberts WMA (Unit 501);

(44) Redhead Pond WMA;

(45) Richland Creek WMA (Unit 703);

(46) Sam Houston National Forest WMA (Unit 905);

(47) Sierra Diablo WMA (Unit 767);

(48) Somerville WMA (Unit 711);

(49) Tawakoni WMA (Unit 708);

(50) Walter Buck WMA (Unit 757);

(51) Welder Flats WMA;

(52) White Oak Creek WMA (Unit 727); and

(53) Other numbered units of public hunting lands.

§65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).

(1) Adult—A person 17 years of age or older.

(2) All terrain vehicle (ATV)—A motor vehicle which does not meet traffic code requirements for operation on a public roadway with respect to licensing, inspection and insurance requirements.

(3) Annual Public Hunting (APH) Permit—A permit, valid from issuance date through the following August 31, which allows entry to designated public hunting lands at designated times and the taking of wildlife resources as designated.

(4) Application fee—A non-refundable fee which may be required to accompany and validate an individual's application for a special permit.

(5) Authorized supervising adult—A parent, legal guardian, or individual at least 18 years of age who assumes liability responsibility for a youth [minor].

(6) Blind—Any structure assembled of man-made or natural materials for the purpose or having the effect of promoting concealment or increasing the field of vision of a person.

(7) Buckshot—Lead pellets ranging in size from .24-inch to .36-inch in diameter normally loaded in a shotgun (includes, but is not limited to 0 and 00 buckshot).

(8) Competitive hunting dog event (field trial)—A department-sanctioned contest in which the skills of hunting dogs are tested.

(9) Concurrent hunt—A hunt that maintains the same permit requirements, hunt dates, means and methods, or shooting hours or combinations thereof for more than one species of animal, as designated and subject to any special provisions.

(10) Consumptive user—A person who takes or attempts to take wildlife resources.

(11) Designated campsite—A designated area where camping and camping activities are authorized.

(12) Designated days—Specific days within an established season or period of time as designated by the executive director.

(13) Designated road—A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways.

(14) Designated target practice area—An area designated by on-site signing or by order of the executive director within which the discharge of firearms for target practice is authorized.

(15) Designated units of the state park system—Specific units of the state park system approved by the commission for application of provisions of this subchapter.

(16) Disabled person—A paraplegic or a person who has a physician's statement in their immediate possession certifying that they qualify for handicapped parking privileges (criteria for permanent ambulatory disability as defined in Transportation Code, Chapter 681).

(17) General Season—A specified time period, or designated days within a specified time period, during which more than one means or methods (as designated) may be used to take designated species.

(18) Headwear—Garment or item of apparel worn on or about the head.

(19) Immediate supervision—Control of a youth [minor] by an authorized supervising adult issuing verbal instructions in a normal voice level.

(20) Lands within a desert bighorn sheep cooperative—An aggregation of lands for which the concerned landowners and the Texas Parks and Wildlife Department have agreed to coordinate efforts to restore, manage, and harvest desert bighorn sheep.

(21) Limited Public Use (LPU) Permit—A permit, valid from issuance date through the following August 31, which allows access to designated public hunting lands at the same times that access is provided by an APH permit. A LPU permit does not authorize the taking of wildlife resources.

(22) Limited use zone—An area designated by order of the executive director and/or by boundary signs on the area, within which public use is prohibited or restricted to specified activities.

(23) Loaded firearm—A firearm containing a live round of ammunition within the chamber and/or the magazine, or if muzzleloading, one which has a cap on the nipple or a priming charge in the pan.

[(24) Minor—An individual less than 17 years of age.]

(24)[(25)] Non-consumptive activities—Activities which do not involve the take or attempted take of wildlife resources.

(25)[(26)] On-site registration—The requirement for public users to register at designated places upon entry to and exit from specified public hunting lands, but does not constitute a permit.

(26)[(27)] Permit—Documentation authorizing specified access and public use privileges on public hunting lands.

(27)[(28)] Predatory animals—Coyotes and bobcats.

(28)[(29)] Preference point system—A method of special permit distribution in which the probability of selection is progressively enhanced by prior unsuccessful applications within a given hunt category by individuals or groups.

(29)[(30)] Public hunting area—A portion of public hunting lands designated as being open to the activity of hunting, and may include all or only a portion of a certain unit of public hunting land.

(30)[(31)] Public hunting compartment—A defined portion of a public hunting area to which hunters are assigned and authorized to perform public hunting activity.

(31)[(32)] Public hunting lands—Lands identified in §65.190 of this title (relating to Application) or by order of the executive director on which provisions of this subchapter apply.

(32)[(33)] Regular Permit—A permit issued on a first-come-first-served basis, on-site, at the time of the hunt that allows the taking of designated species of wildlife on the issuing area.

(33)[(34)] Restricted area—All or portions of public hunting lands identified by boundary signs as being closed to public entry or use.

(34)[(35)] Sanctuary—All or a portion of public hunting lands identified by boundary signs as being closed to the hunting of specified wildlife resources.

(35)[(36)] Slug—A metallic object designed for being fired as a single projectile by discharge of a shotgun.

(36)[(37)] Special Permit—A permit, issued pursuant to a selection procedure, which allows the taking of designated species of wildlife.

(37)[(38)] Special package hunt—A public hunt conducted for promotional or fund raising purposes and offering the selected applicant(s) a high quality experience with enhanced provisions for food, lodging, transportation, and guide services.

(38)[(39)] Tagging fee—A fee which may be assessed in addition to the special permit fee for the harvest of alligators for commercial sale or prior to the attempted harvest of desert bighorn sheep or designated exotic mammals.

[(40) Texas Conservation Passport (gold or silver edition)—A permit which provides group access at designated times to designated portions of public hunting lands for non-consumptive use as authorized under the Texas Conservation Passport Program.]

(39)[(41)] Wildlife management area (WMA)—A unit of public hunting lands which is intensively managed for the conservation, enhancement, and public use of wildlife resources and supporting habitats.

(40)[(42)] Wildlife resources—Game animals, game birds, furbearing animals, alligators, marine mammals, frogs, fish, crayfish, other aquatic life, exotic animals, predatory animals, rabbits and hares, and other wild fauna.

(41)[(43)] Wounded exotic mammal—An exotic mammal leaving a blood trail.

(42) Youth—An person less than 17 years of age.

§65.193. Access Permit Required and Fees.

(a) It is an offense for a person without a valid access permit to enter public hunting lands, except:

(1) on areas or for activities where no permit is required;

(2) persons who are authorized by, and acting in an official capacity for the department or the landowners of public hunting lands;

(3) persons participating in educational programs, management demonstrations, or other scheduled activities sponsored or sanctioned by the department with written approval;

(4) persons owning or leasing land within the boundaries of public hunting lands, while traveling directly to or from their property;

(5) for a non-hunting or non-fishing adult who is assisting a permitted disabled person; or

(6) for youth [minors] under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.

[(b) A Texas Conservation Passport (Gold or Silver) provides group access to designated public hunting lands at times when non-consumptive use is authorized under the Texas Conservation Passport Program. The Texas Conservation Passport is not required to hunt or fish, nor does it authorize the taking of wildlife resources or provide access to public hunting lands at times when an APH permit, LPU permit, regular permit, or special permit is required.]

(b) [(c)] Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.

(1) It is an offense for a person 17 years of age or older to enter public hunting lands or take or attempt to take wildlife resources on public hunting lands at times when an APH permit is required without possessing an APH permit or to fail to display the APH permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands.

(2) A person possessing a LPU permit may enter public hunting lands at times that access is allowed under the APH permit, but is not authorized to hunt or fish.

(3) Persons possessing an APH permit or an [, a] LPU permit[, or Texas Conservation Passport (Gold or Silver)] may use public hunting lands to access adjacent public waters, and may fish in adjacent public waters from riverbanks on public hunting lands.

(4) The permits required under paragraphs (1) - (3) of this subsection are not required for:

(A) persons who enter on United States Forest Service lands designated as a public hunting area [(Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs)] or any portion of Units 902 and 903 for any purpose other than hunting;

(B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs) designated as public hunting lands for purposes other than hunting or equestrian use;

(C) persons who enter Caddo Lake State Park and Wildlife Management Area and do not hunt or enter upon the land;

(D) persons who enter and hunt waterfowl within the Bayside Marsh Unit of Matagorda Island State Park and Wildlife Management Area;

(E) persons who enter the Bryan Beach Unit of Peach Point Wildlife Management Area and do not hunt; or

(F) persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish.

(5) The permit required by paragraphs (1) - (3) of this subsection is not valid unless the signature of the holder appears on the permit.

(6) A person, by signature of the permit and by payment of a permit fee waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee).

(c)[(d)] Regular Permit—A regular permit is issued on a first come-first served basis at the hunt area on the day of the scheduled hunt with the department reserving the right to limit the number of regular permits to be issued.

(d)[(e)] Special Permit—A special permit is issued to an applicant selected in a drawing.

(e)[(f)] Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.

(f)[(g)] The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.

(g)[(h)] Application fees.

(1) The department may charge a non-refundable fee, which may be required to accompany and validate an individual's application in a drawing for a special hunting permit.

[(2) The application fee for each person 17 years of age or older listed on an application for a special hunting permit may not exceed $25 per legal species.]

(2)[(3)] The application fee for a special hunting permit is waived for a person under 17 years of age; however, the youth [minor] must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (3)[(4)] and (4)[(5)] of this subsection.

(3)[(4)] The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a youth [minor] in a youth-only drawn hunt category.

(4)[(5)] Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.

(5)[(6)] The application fee for a special permit is waived for on-site applications made under standby procedures at the time of a hunt.

(6)[(7)] Incomplete or incorrectly completed applications will be disqualified [In the event an application for a special permit is determined to be invalid, then:]

[(A) the application card may be returned to the applicant for correction and resubmission, provided the error is detected prior to the time that the application information is processed; or]

[(B) the error will result in disqualification of the applicant(s)].

(h)[(i)] Legal animals to be taken by special or regular permit shall be stipulated on the permit.

(i)[(j)] Only one special or regular permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail.

(j)[(k)] Any applicable special or regular permit fees will be waived for youth [minors] under the supervision of a duly permitted authorized supervising adult.

(k)[(l)] Any applicable regular permit fees for hunting or fishing activities will be waived for persons possessing an APH permit.

(l)[(m)] Certain hunts may be conducted totally or in part by regular permit. It is an offense to fail to comply with established permit requirements specifying whether a regular permit is required of all participants or required only of adult participants who do not possess an APH permit.

(m)[(n)] Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit or an [, a] LPU permit[, or Texas Conservation Passport (Gold or Silver)].

(n)[(o)] An access permit applies [Except for the Texas Conservation Passport, all access permits apply] only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferable to another person.

(o)[(p)] A person who fails to obey the conditions of a permit issued under this subchapter commits an offense.

§65.194. Competitive Hunting Dog Event (Field Trials) and Fees. The department may authorize field trials on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.

(1) No person shall conduct or participate in a field trial on public hunting lands unless the event has been sanctioned by the department through the issuance of a Field Trial Permit in accordance with this section.

(2) An application for a Field Trial Permit shall be submitted at least 90 days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:

(A) the name, address, and telephone number of the sponsoring person(s) or organization(s);

(B) the unit(s), compartment(s), and approximate acreage of public hunting lands that the proposed event would involve;

(C) the date(s) of the proposed event, including preparatory activity and cleanup operations;

(D) the exact nature of the event, including any construction, facilities emplacement, or other site alterations;

(E) the number of participating dogs, dog handlers, and officials, respectively, and the estimated number of spectators;

(F) the fee for the field trial permit as assessed according to the number of participating dog handlers and officials as specified by Chapter 53, Subchapter A of this title, (relating to License, Permit, and Boat and Motor Fees)[§53.5 of this title (relating to Public Lands Hunting Permits and Fees].

(G) proof of liability insurance for the event in the amount of at least $250,000, which shall include coverage of personal injury and property damage; and

(H) a performance bond in the amount of $5,000 to assure restoration of the involved public hunting lands to pre-field trial conditions.

(3) Approval or denial of the permit application shall be at the sole discretion of the regional director and shall be based on the anticipated impact the proposed event would have:

(A) on the natural resources of public hunting lands; and

(B) on other events or activities authorized or conducted by the department.

(4) The regional director shall, within 30 days of receipt of such application, notify the applicant of approval or denial of the application. If the application is approved, the field trial permit shall be issued in the form of a letter to the applicant. Any requirements or restrictions in addition to the provisions of this subchapter shall be specified in the permit.

(5) The field trial permit shall be present and available on-site during all field trial activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names and social security numbers of all dog handlers and officials who at any time participate in the event. The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit. The list shall be sent to the regional director no later than ten days following the conclusion of the event.

(6) All persons named on the list as officials or dog handlers shall, during the event, be exempt from the access permit requirements of this subchapter. All other persons attending the event shall be subject to the provisions of this subchapter relative to requirement of an access permit.

(7) The permittee is responsible and liable for the actions of all field trial participants, spectators, and dogs during all activities conducted during this event.

(8) All construction, facilities emplacement, or other site alterations shall be performed and removed strictly in accordance with the conditions of the field trial permit. The permittee shall not be released from the obligations of this section and the performance bond shall not be returned to the permittee until the department is satisfied that the site has been restored to pre-trial conditions.

(9) During any field trial activity, it is an offense for any person attending the event or named on the list required by paragraph 2 [subsection (e)] of this section to:

(A) violate any condition of the field trial permit; or

(B) take or attempt to take any animal or bird.

§65.202. Youth [Minors] Hunting on Public Lands.

(a) Youth participating in public hunts by special permit must be not less than eight nor more than 16 years of age [or older] at the time of application.

(b) It is an offense for a youth [minor] to fail to be under the immediate supervision of a duly permitted and authorized supervising adult when hunting on public hunting lands. For a youth [minor] who has received hunter education certification, the requirement for immediate supervision is relaxed to the extent that the authorized supervising adult is required only to be present on the public hunting area. The authorized supervising adult is responsible for the actions and liability of the youth [minor].

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

Rule Review Changes
Scientific Breeder's Permits
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §65.603, concerning scientific breeder’s permits. The amendment is a result of the department’s review process under the provisions of Government Code, §2001.039, which requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. As a result of the review and the department’s recent rulemaking that consolidated all fee amounts in 31 TAC Chapter 53 (relating to Finance), the proposed amendment would update the citation of the portion of Chapter 53 where the processing fees for deer management permits are located. The effect of the amendment is nonsubstantive.


2. Fiscal Note.

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


3. Public Benefit/Cost Note.

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

(A) The public benefit expected as a result of the proposed rules will be an accurate regulation that does not contain extraneous information.

(B) There will be no adverse economic cost for small businesses, microbusinesses, or persons required to comply with the rule as proposed, as the proposed amendment does not alter the current cost of compliance with any regulation.

(C) The department has determined that the rule will not affect local economies; accordingly, no local employment impact statement has been prepared.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rule.

(E) The department has determined that Government Code, Chapter 2007 (Governmental Action Affecting Private Property Rights), does not apply to the proposed rule.


4. Request for Public Comment.

Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us.


§65.603. Application and Permit Issuance.

(a) An applicant for an initial scientific breeder's permit shall submit the following to the department:

(1) a completed notarized application on a form supplied by the department;

(2) a breeding plan which identifies:

(A) the activities proposed to be conducted; and

(B) the purpose(s) for proposed activities;

(3) a letter of endorsement by a certified wildlife biologist which states that:

(A) the certified wildlife biologist has reviewed the breeding plan;

(B) the activities identified in the breeding plan are adequate to accomplish the purposes for which the permit is sought; and

(C) the facility identified in the application is adequate to conduct the proposed activities;

(4) a diagram of the physical layout of the facility;

(5) the application processing fee specified in Chapter 53, Subchapter A, of this title (relating to Fees) [§53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits)]; and

(6) any additional information that the department determines is necessary to process the application.

(b) A scientific breeder's permit may be issued when:

(1) the application and associated materials have been approved by the department; and

(2) the department has received the fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees) [§53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits)].

(c) A scientific breeder's permit shall be valid from the date of issuance until the immediately following March 31.

(d) A scientific breeder's permit may be renewed annually, provided that the applicant:

(1) is in compliance with the provisions of this subchapter;

(2) has submitted a notarized application for renewal;

(3) has filed the annual report in a timely fashion, as required by §65.608 of this title (relating to Annual Reports and Records); and

(4) has paid the permit renewal fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees) [§53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits)].

(e) An authorized agent may be added to or deleted from a permit at any time by faxing or mailing an agent amendment form to the department. No person added to a permit under this subsection shall participate in any activity governed by a permit until the department has received the agent amendment form.

(f) If a scientific breeder facility is enlarged or added to, the permittee shall submit an accurate diagram of the facility, including the additions or enlargements, tothe department. No person shall introduce or cause the introduction of deer to a pen that has been added or enlarged unless the diagram required by this subsection is on file at the department's Austin headquarters.

(g) The department may, at its discretion, refuse to issue a permit or permit renewal to any person finally convicted of any violation of Parks and Wildlife Code, Chapter 43.

This agency hereby certifies that the rule 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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