Regulations Committee

Wednesday, 9:00 am, April 4, 2007

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744

Approval of Previous Meeting Minutes

  1. Land and Water Plan Update
    Staff: Robert Cook
  2. Potential Changes to Migratory Bird Proclamation - Permission to Publish
    Staff: Vernon Bevill
  3. Proposed Changes to Nongame Permit Program - Permission to Publish
    Staff: Matt Wagner
  4. Amendments to the Public Lands Proclamation - Permission to Publish
    Staff: Mike Berger
  5. Amendments to Deer Management Permit Rules and Trap, Transport, and Transplant Rules - Permission to Publish
    Staff: Mitch Lockwood
  6. 2007-2008 Statewide Hunting and Fishing Proclamation (Action Item No. 3)
    Staff: Ken Kurzawski, Mike Berger, Larry McKinney

Committee Agenda Item No. 1
Presenter: Robert L. Cook

Regulations Committee
Land and Water Plan Update
April 4, 2007

I. Executive Summary: Executive Director Robert L. Cook will briefly update the Commission on the status of the agency's efforts to implement the Land and Water Resources Conservation and Recreation Plan (the Plan).

II. Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wild. Code §11.104). In November 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. The Plan is available on the TPWD web site. Executive Director Robert L. Cook will update the Regulations Committee on TPWD's recent progress in achieving the Plan's Goals and Objectives as they relate to the Regulations Committee.

The Plan consists of 8 Goals and a total of 56 Objectives. The Goals stated in the Plan are as follows:


Committee Agenda Item No. 2
Presenter: Vernon Bevill

Regulations Committee
Potential Changes to Migratory Bird Proclamation
Permission to Publish
April 4, 2007

I. Executive Summary: This item apprises the Committee of anticipated and potential changes to migratory game bird regulations as a result of staff recommendations and the federal regulatory process.

II. Discussion: Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within U.S. Fish and Wildlife Service (Service) frameworks is delegated to the Commission under Chapter 64, Subchapter C, Parks and Wildlife Code. Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking. At present, the U.S. Fish and Wildlife Service (Service) has not issued the annual regulatory frameworks for migratory game birds. Typically, the Service issues the preliminary early-season (dove, teal, etc.) frameworks in late June and the preliminary late-season (waterfowl) frameworks in early August. The Service typically issues the final early-season frameworks in early August and the final late-season frameworks in late September. Since the current regulations reflect the Commission's policy to provide the most liberal harvest provisions permissible under the federal frameworks, staff recommends retaining those provisions (adjusted for calendar shift) should the Service frameworks remain unchanged from last year. Should the Service issue frameworks that alter any existing options or offer new options for hunter opportunity, the department will adopt the most liberal provisions possible, while affording all necessary protection to the resource.

Attachments - 2
  1. Exhibit A – Proposed Early Season
  2. Exhibit B – Proposed Late Season

Committee Agenda Item No. 2
Exhibit A

Early Season Species

  1. Mourning doves and white-winged doves.
    1. North Zone:
      1. Dates: 60 consecutive days beginning Saturday, September 1 (Sept.1–Oct.30, 2007).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 15 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 30 in aggregate including no more than 4 white-tipped doves in possession.
    2. Central Zone:
      1. Dates: 70 consecutive days beginning Saturday, September 1 (Sept. 1-Oct. 30, 2007), and 10 consecutive days beginning Wednesday, December 26 (Dec. 26, 2007-Jan. 4, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 12 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 24 in aggregate including no more than 4 white-tipped doves in possession.
    3. South Zone except special white-winged dove area:
      1. Dates: 52 consecutive days beginning Friday, September 21 (Sept. 21 — Nov. 11, 2007) and 18 consecutive days beginning Wednesday, December 26 (Dec.26, 2007–Sat..,Jan.12, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 12 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 24 in aggregate including no more than 4 white-tipped doves in possession.
    4. Special White-winged Dove Area in the South Zone:
      1. Dates: The first two complete weekends in September (Sept. 1, 2, 8, 9, 2007) and 52 consecutive days beginning Friday, September 21 (Sept.21 — Sun,.., Nov.11, 2007) and 14 consecutive days beginning Wednesday, December 26 (Dec.26, 2007 –Tues.., Jan.8, 2008).
      2. Shooting hours: noon to sunset on first two complete weekends in Sept., thereafter one-half hour before sunrise to sunset.
      3. Bag and possession limits:
        1. First two complete weekends in September: 12 white-winged, mourning and white-tipped doves in the aggregate including no more than 4 mourning doves and 2 white-tipped doves per day; 24 white-winged, mourning, and white-tipped doves in the aggregate including no more than 8 mourning doves and 4 white-tipped doves in possession.
        2. Thereafter: 12 mourning, white-winged, and white-tipped doves in the aggregate including no more than 2 white-tipped doves per day; 24 in aggregate including no more than 4 white-tipped doves in possession.
    5. Falconry only- Statewide
      1. Dates: Nov. 19-Dec. 25, 2007
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  2. Teal (blue-winged, green-winged, and cinnamon).
    1. Legal Firearms — Statewide:
      1. Dates: 9 consecutive days beginning on the 3rd Saturday in September (Sept.15-30, 2007).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 4 and 8 in the aggregate, respectively.
  3. Rails.
    1. A. Legal Firearms — Statewide:
      1. Dates: 9 consecutive days (Sept.15-30, 2007) and 61 consecutive days beginning November 3 (Nov. 3, 2007-Dec. 26, 2007).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits:
        1. King and clapper rails: 15 and 30, respectively.
        2. Sora and Virginia rails: 25 and 25, respectively.
    2. Falconry only- Statewide
      1. Dates: Dec. 27, 2007-Feb.1. 2008
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  4. Gallinules. All species (common moorhen and purple gallinule).
    1. Legal Firearms — Statewide:
      1. Dates: 9 consecutive days (Sept. 15 — 30, 2007) and 61 consecutive days beginning November 3 (Nov. 3, 2007- Dec. 26, 2007).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 15 and 30, respectively.
    2. Falconry only- Statewide
      1. Dates: Dec. 27, 2007-Feb.1, 2008
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  5. Woodcock.
    1. Legal Firearms — Statewide
      1. Dates: 45 consecutive days beginning Tuesday, December 18(Dec.18, 2007-Jan.31, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 3 and 6, respectively.
    2. Falconry only- Statewide
      1. Dates: Nov. 24-Dec. 17, 2007
      2. Bag and possession limits: 3 in the aggregate, and 6 in the aggregate
  6. Wilson’s snipe (Common snipe or jacksnipe)
    1. Legal Firearms — Statewide
      1. Dates: 107 consecutive days beginning Saturday, November 3(Nov. 3 2007–Feb.17, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 8 and 16, respectively.
  7. Sandhill Crane.
    1. Zone A
      1. Dates: 93 consecutive days beginning Saturday, November 3(Nov. 4 2007–Feb.3, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
    2. Zone B
      1. Dates: 73 consecutive days beginning Friday, November 23(Nov. 23, 2007–Feb.3, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 3 and 6, respectively.
    3. Zone C
      1. Dates: 37 consecutive days beginning Saturday, December 22(Dec. 22, 2007–Jan. 27, 2008).
      2. Shooting hours: one-half hour before sunrise to sunset.
      3. Bag and possession limits: 2 and 4, respectively.
        (A permit is required of any person hunting sandhill cranes in areas where an open season is provided
  8. Red-billed pigeon, band-tailed pigeons, and shorebirds: No open season.
  9. Eurasian collared doves and rock pigeons (domestic pigeons) are not protected. There are no season length or bag limit restrictions. Hunters taking these species are advised to retain evidence of species (head or wing) on the carcass until reaching the final destination.

Committee Agenda Item No. 2
Exhibit B

Late Season Species

  1. September teal-only season.
    1. Dates: September 15 — 30, 2007.
    2. Daily bag and possession limits: four in the aggregate per day; eight in the aggregate in possession.
  2. Ducks, mergansers, and coots.
    1. High Plains Mallard Management Unit: October 27-28, 2007 and Nov. 2, 2007- January 27, 2008.
    2. North Zone: November 3-Nov. 25 2007 and Dec. 8, 2007-January 27, 2008 C. South Zone: November 3-Nov. 25, 2007 and December 8, 2007- Jan. 27, 2008
      The daily bag limit is five, to include no more than three scaup, two redheads, two wood ducks, and no more than one (in the aggregate) of the following: mallard hen, pintail, dusky duck, or canvasback. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than two hooded mergansers.
  3. Geese.
    1. Western Zone.
      1. Light geese: November 3, 2007-February 6, 2008 The daily bag limit for light geese is 20, and there is no possession limit.
      2. Dark geese: November 3, 2007-February 6, 2008 The daily bag limit for dark geese is four, which may not include more than three Canada geese or more than one white-fronted goose.
    2. Eastern Zone.
      1. Light geese: November 3, 2007- January 27, 2008. The daily bag limit for light geese is 20, and there is no possession limit.
      2. Dark geese:
        1. white-fronted geese: Nov. 3, 2007-January 13, 2008. The daily bag limit for white-fronted geese is two.
        2. Canada geese: Nov. 3, 2007- January 27, 2008. The daily bag limit for Canada geese is three.
  4. Youth-Only Season.
    1. High Plains Mallard Management Unit: October 20-21, 2006;
    2. North Zone: October 27-28, 2006; and
    3. South Zone: October 27-28, 2006.
  5. Extended Falconry Season—Late Season Species.
    1. Ducks, coots, and mergansers:
      1. High Plains Mallard Management Unit: no extended season.
      2. North Duck Zone: January 28- February 11, 2008.
      3. South Duck Zone: January 28- February 11, 2008.
  6. Light Goose Conservation Season.
    1. Eastern Zone: January 28-March 30, 2008.
    2. Western Zone: February 6-March 30, 2008

Committee Agenda Item No. 3
Presenter: Matt Wagner

Proposed Changes to Nongame Permit Program
Commercial Collection and Sale of Nongame Wildlife
Permission to Publish
April 4, 2007

I. Executive Summary: This item seeks permission to publish for public comment in the Texas Register proposed amendments to the rules governing the collection and sale of nongame wildlife. The proposed amendments would:

II. Discussion: Under Parks and Wildlife Code, Chapter 67, the department is required to develop and administer management programs to ensure the continued ability of nongame species of fish and wildlife to perpetuate themselves successfully, and to conduct ongoing investigations of nongame fish and wildlife to develop information on populations, distribution, habitat needs, limiting factors, and any other biological or ecological data to determine appropriate management and regulatory information.

At the January 2007 meeting of the Regulations Committee, staff briefed the Committee on the status of the nongame permit program and species of concern. Nongame species comprise over 90 percent of the wildlife species that occur in Texas. As a practical matter, the department does not possess the fiscal or staffing resources to monitor, survey, or conduct research across the wide diversity of nongame species. Therefore, in 1999 the Commission adopted rules to implement the nongame permit program. The purpose of the program was to function as a 'canary in the coal mine' by tracking collection and sales activities involving specific nongame species of wildlife. By rule, all persons engaging in commercial activities involving affected species are required to possess a Nongame Collector's Permit or Nongame Dealer's Permit, and to report sales and purchases to the department. The department uses the data to determine if specialized investigations are necessary to determine if additional regulatory protection is warranted.

Staff proposes to discontinue the use of the current "affected species" list and replace it with a "white list." The "white list" will consist of all species the department determines can withstand commercial collection. Commercial activities would be prohibited for all species not on the white list, but collection for personal use would be allowed, with a possession limit of six specimens per species. The proposal will also include provisions for the "grandfathering" of specimens currently in possession for noncommercial purposes and would provide a reasonable amount of time for current permittees to dispose of existing inventory. The proposed rules will reflect staff's efforts to improve the efficacy of the program by strengthening reporting requirements for dealers and affording protection to species that have been determined to be in need of protection from commercial collection efforts.


Committee Agenda Item No. 4
Presenter: Mike Berger

Amendments to the Public Lands Proclamation
Permission to Publish
April 4, 2007

I. Executive Summary: This item presents proposed amendments to the Public Lands Proclamation. The proposed amendments would:

II. Discussion: Parks and Wildlife Code, Chapter 12, Subchapter A, provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Texas Parks and Wildlife Department if the Commission determines that multiple use is the best utilization of the land's resources. Chapter 29 establishes the Off-Highway Vehicle Trail and Recreational Area Program. Additionally, Chapter 81, Subchapter E, provides the Commission with the authority to establish open seasons, and authorizes the Executive Director to determine bag limits, means and methods, and conditions for the taking of wildlife resources on wildlife management and public hunting lands, which includes units of the state park system designated as public hunting lands.

Attachments - 2
  1. Exhibit A – Proposed Changes to the Public Lands Proclamation
  2. Exhibit B – Proposed Fee Rules

Committee Agenda Item No. 4
Exhibit A

Public Lands Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.191, 65.193, and 65.210, concerning the Public Lands Proclamation.

The proposed amendment to §65.191, concerning Definitions, would add a definition for “special access permit.” The special access permit will authorize access to a specific state park or part of a state park on a specific date for persons who have been selected for public hunting privileges. The department wishes to differentiate between special permits issued for use on state parks and special permits issued for use on other units of public hunting lands, such as wildlife management areas. The proposed amendment is necessary in order to comply with federal requirements that oblige the department to keep funds from the sale of permits for access to state parks separate from funds from the sale of permits for access to wildlife management areas. The proposed amendment would acknowledge that distinction by rule. The effect of the proposed amendment would be nonsubstantive; it does not create a new fee and does not impose the existing fee on additional users.

The proposed amendment to §65.193, concerning Access Permit Required and Fees, would conform the language of the section as necessary to reflect the applicability of the section’s provisions to the special access permit. The amendment is necessary for the same reasons stated in the discussion of the proposed amendment to §65.191 and will also be nonsubstantive in nature.

The proposed amendment to §65.210, concerning Motor Vehicles, would exempt disabled persons and persons assisting disabled persons from the provisions of 31 TAC Chapter 55, Subchapter J, which requires an off-highway vehicle (OHV) operated on public land to be affixed with a decal issued by the department for an $8 fee. The OHV fee was established to fund the purchase, development, and maintenance of OHV trails as part of a program administered by the department. The department’s intent with respect to the funding of the OHV program is to rely on true off-road vehicle enthusiasts to fund the recreational trails created for that purpose. The department has determined that the use of mobility-enhancing conveyances by disabled persons participating in activities on public hunting lands is not consistent with the intent of Parks and Wildlife Code, Chapter 29 and should not be subject to the OHV fee.

2. Fiscal Note.

Mr. Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules relating to special access permits. There could be an extremely minimal fiscal impact on the department as a result of waiving the decal requirement for disabled persons using OHVs on public hunting lands, but only with respect to OHVs used solely for public hunting purposes, as their use on any public land other than department land would still require the purchase of an OHV decal. The department estimates that the potential loss of revenue to the department will be less than $100. There will be no fiscal implications for other units of state or local government.

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 regulations that clearly delineate the function of various permits used in the department’s public hunting programs, and the enhanced ability of disabled persons to use OHVs to access public hunting lands.

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

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public 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) 389-4773 (e-mail: vickie.fite@tpwd.state.tx.us).

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, 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; §11.027, which authorizes the commission to commission by rule to establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department; §13.015, which authorizes the department to charge and collect park user fees for park services, and requires the commission to set the fees; §29.004, which authorizes the commission to exempt persons from the fee for an off-highway vehicle decal; and Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish conditions for taking wildlife resources on wildlife management areas and public hunting lands.

The proposed amendments affect Parks and Wildlife Code, Chapters 11, 12, 13, 29, and 81.

§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)—Any vehicle meeting the definition of an ATV under Transportation Code, §663.001.

(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 that 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.

(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) Camping—The use of public hunting lands for overnight accommodation, which includes sleeping, the storage of unattended personal possessions, or the use of a motor vehicle as a lodging.

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

(10) 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.

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

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

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

(14) 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.

(15) 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.

(16) 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.

(17) Disabled person—A person who possesses a placard, license plate, or other documentation issued to that person by the State of Texas under the provisions of Transportation Code, Chapter 681.

(18) 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.

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

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

(21) 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.

(22) Limited Public Use (LPU) Permit—A permit, valid from issuance date through the following August 31, which allows access to designated wildlife management areas and public hunting lands at the same times that access is provided by an APH permit.

(23) 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.

(24) 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.

(25) Motor vehicle—As defined by Transportation Code, Chapter 541.

(26) Off-road vehicle—An ATV, a utility vehicle, a vehicle that may not lawfully be operated on a public roadway, or any vehicle that is manufactured or adapted for off-road use.

(27) 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.

(28) Permit—Documentation authorizing specified access and public use privileges on public hunting lands.

(29) Predatory animals—Coyotes and bobcats.

(30) 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.

(31) 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.

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

(33) 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.

(34) Recreational use—Any use or activity other than hunting or fishing.

(35) 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.

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

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

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

(39) Special Access Permit — A permit, issued pursuant to a selection procedure, that allows access to a specified unit of the state park system at a specified time.

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

(39)[(39)] (40) 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.

(39)[(39)] (41) 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.

(39)[(39)] (42) 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.

(39)[(39)] (43) 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.

(39)[(39)] (44) Wounded exotic mammal—An exotic mammal leaving a blood trail.

(39)[(39)] (45) Youth—A person less than 17 years of age.

§65.193. Access Permit Required and Fee.

(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 under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.

(b) 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, and is authorized to fish but may not hunt.

(3) Persons possessing an APH permit or an LPU permit 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 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 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; or

(E) 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) 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) Special Permit—A special permit is issued to an applicant selected in a drawing.

(e) Special Access Permit—A special access permit is issued to an applicant selected in a drawing.

(f)[(e)] 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.

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

(h)[(g)] 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 or special access permit.

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

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

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

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

(6) Incomplete or incorrectly completed applications will be disqualified.

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

(j)[(i)] Only one special, special access, 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.

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

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

(m)[(l)] 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.

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

(o)[(n)] An access permit applies only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferable to another person.

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

§65.210. Motor Vehicles.

(a) It is an offense to not confine motor vehicle use to designated roads, except parking is permitted on the shoulder of or immediately adjacent to designated roads, and as provided for a disabled person or for a person directly assisting a disabled person.

(b) It is unlawful to hunt any wildlife resource from a motor vehicle, motor-driven land conveyance, or possess a loaded firearm in or on the vehicle, except as provided for a disabled person.

(c) A disabled person may possess a loaded firearm in or on a motor vehicle and may hunt from a motor vehicle except only paraplegics and single or double amputees of legs may hunt migratory birds from a motor vehicle, provided the motor vehicle is not in motion, the engine is not running, and the motor vehicle is not located on a designated road, designated vehicle parking area, or designated campground.

(d) Except as authorized for specific areas and time periods by order of the executive director, or by written permission of the hunt supervisor or area manager, it is an offense for an individual other than a disabled person or a person directly assisting a disabled person to operate an off-road vehicle on public hunting lands.

(e) The provisions of Chapter 59, Subchapter J of this title (relating to Off-Highway Vehicle Trail and Recreational Area Program) do not apply to a disabled person or a person assisting a disabled person who is participating in department-sanctioned activities on public hunting lands.

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

Issued in Austin, Texas, on


Committee Agenda Item No. 4
Exhibit B

State Park Access Fees for Special Activities
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §59.3, concerning Activity and Facility Use Fees.

The proposed amendment would incorporate special access permit fees as part of state park regulations. In another rulemaking published elsewhere in this issue of the Texas Register, the department proposes to create a special access permit valid for access to state parks for persons who have been selected to participate in public hunting activities. The department wishes to differentiate between special permits issued for use on state parks and special permits issued for use on other units of public hunting lands such as wildlife management areas. The proposed amendment to §55.3 is necessary in order to comply with federal requirements that oblige the department to keep funds from the sale of permits for access to state parks separate from funds from the sale of permits for access to wildlife management areas. The proposed amendment would acknowledge that distinction by rule. The effect of the proposed amendment would be nonsubstantive; it does not create a new fee and does not impose the existing fee on additional users.

2. Fiscal Note.

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

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 anticipated as a result of enforcing or administering the rule as proposed will be consistency of rules.

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

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comment.

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

5. Statutory Authority.

The amendment is proposed under the authority of Parks and Wildlife Code, §11.027, which authorizes the commission to commission by rule to establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department, and §13.015, which authorizes the department to charge and collect park user fees for park services, and requires the commission to set the fees.

The proposed amendment affects Parks and Wildlife Code, Chapters 11 and 13.

§59.3. Activity and Facility Use Fees.

(a) Where variable use fees are authorized by the commission, they may be established for individual parks, activities, or facilities. Fees may also be established on a yearly, monthly, or weekly basis. The executive director is authorized to establish an annual or seasonal permit for a facility or activity in lieu of a daily fee, and may establish a replacement and/or a duplicate permit. The executive director or his/her designee may discount or waive fees in order to enhance utilization or to promote the future use of existing facilities or activities.

(b) Fee ranges—Group One:

(1) campsite-primitive—$4.00-$20;

(2) campsite-regular—$5.00-$26;

(3) campsite (with electricity)—$9.00-$26;

(4) campsite (with electricity and sewer connection)—$10-$36;

(5) screened shelter—$15-$60;

(6) shelter with amenities—$25-$75;

(7) cabins:

(A) kitchen and bath—$45-$200;

(B) limited service—$45-$100; and

(C) each additional person above capacity—$5.00—$25;

(8) recreation/meeting hall—$50-$300;

(9) group lodge:

(A) variable (by facility type)—$75-$500;

(B) variable (by number of occupants)—$15-$45;

(C) each additional person above capacity—$5.00-$25;

(10) dining hall—$65-$150;

(11) pavilion (variable by facility)—$17-$250;

(12) amphitheater—$10-$150;

(13) auditorium—$200-$650;

(14) gymnasium—$300-$850;

(15) group picnic area—$17-$200;

(16) group camps (bunkhouses, barracks, campsites, shelters), variable by type and number of facilities (units) used—$100-$1,500;

(17) hotel/motel room:

(A) single (one bed) or standard (two double beds)—$40-$95;

(B) king single (one bed)—$65-$125;

(C) suite (two double beds)—$75-$175;

(D) executive suite (two double beds)—$85-$225;

(E) additional person (adult)—$5.00-$20;

(F) additional person (child)—$2.00-$10.00; and

(G) rooms with kitchenettes—$50-$60;

(18) Bed and Breakfast rooms:

(A) single (two twin beds)—$50-$90;

(B) double (one double bed)—$50-$100;

(C) queen suite—$75-$150; and

(D) cottage—$75-200;

(19) ranch accommodations:

(A) historic ranch house—$40-$125 per person, meals available upon request; and

(B) bunkhouse (two twin beds)—$35-$75 per person, meals available upon request;

(20) excess vehicle parking (per vehicle)—$1.00-$6.00 (parking areas designated by park manager);

(21) excess occupancy fee (with facility use fee), per person—$1.00-$25;

(c) Fee ranges—Group Two:

(1) seasonal or annual activity pass—$25-$325;

(2) swimming pools use:

(A) adults—$2.00-$6.00;

(B) child (six-12)—$1.00-$4.00; and

(C) group use (before or after normal operating hours)—$35-$750;

(3) nine-hole golf course (staff operated):

(A) green fees—daily—$7.00-$15;

(i) weekends and holidays—$8.00-$25; and

(ii) 18 years of age and under (excluding weekends and holidays)—$3.00-$10; and

(B) golf trail fee for privately owned golf carts:

(i) daily—$3.00-$12.00; and

(ii) annual—$50-$175;

(4) historic steam railroad:

(A) fares:

(i) adult (one-way)—$8.00-$20;

(ii) adult (round trip)—$13-$25;

(iii) child (three-12) (one-way)—$4.00-$12.00; and

(iv) child (three-12) (round trip)—$7.00-$15;

(B) train lease for filming purposes (salaries for train crew are paid in addition to the fees listed, and a surety bond of $500,000 may be required):

(i) steam locomotive and tender (per day)—$1,500-$2,500;

(ii) diesel locomotives (per day)—$700-$1,500;

(iii) steam engine firing fuel and lubricants (per running hour)—$100-$350;

(iv) diesel locomotives fuel and lubricants (per running hour)—$50-$250;

(v) railroad car per unit (any type) (per day)—$120-$375;

(vi) rail mounted truck with driver (per day)—$280-$700;

(vii) motor car with driver (per day)—$240-$700;

(viii) short-term steam train use (after regular schedule run) three-hour minimum (per hour)—$400-$1,500;

(ix) train charter rates:

(I) 50-mile round trip (regular passenger fares) minimum—$2,500-$4,500; and

(II) 15-mile round trip (regular passenger fares) minimum—$1,650-3,750.

(5) island access fees:

(A) boat transportation fee:

(i) adults (round trip)—$10-$20; and

(ii) child (six-12) (round trip)—$5.00-$15;

(B) on island tour fee—$3.00-$18; and

(C) beach shuttle fee:

(i) adults—$2.00-$6.00; and

(ii) child (six-12)—$1.00-$4.00;

(6) state park and historic site filming fee (private, profit-oriented businesses) per day (contract and surety bond required)—$250-$10,000;

(7) activity use fee per person (day or overnight)—$2.00-$50;

(8) lake use fee—$5.00-$15;

(9) visitor shuttle fee per person—$2.00-$10;

(10) tour fee (includes educational, interpretive, instructional, adventure and/or entertaining or any combination of fees packaged into one rate) per person—$.25-$1,000;

(11) fishing pier fees—per fishing device—$1.00-$5.00;

(12) educational seminar fee—variable according to type of seminar, size of group and other applicable considerations;

(13) equipment rental fee—variable according to type of equipment and other applicable considerations;

(14) park operations fee (operating cost for special services and or resources utilized)—cost plus 20%;

(15) event fee:

(A) wedding ceremonies and receptions or other special receptions and meetings—$50-$5,000.

(B) special public activities, festivals and exhibitions when authorized and conducted—fee is variable and may be combined or packaged with other use and/or concessions fees

(16) commercial boat landing fee—$50-$1,000;

(17) fees for special events, new activities, or new facilities are authorized by the commission. These fee amounts shall be established by the executive director or a designee; and

(18) commercial use fee—variable. Fees for special activities conducted within a state park or for access to a state park for which a direct or indirect profit is the motive for conducting the activity.Public Hunting and Fishing Permits and Fees.

(c) Special access permits. Special access permits allow entry to state parks and are issued to persons selected for public hunting privileges in state parks.

(1) standard period—$75;

(2) extended period —$125; and

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

Issued in Austin, Texas, on


Committee Agenda Item No. 5
Presenter: Mitch Lockwood

Regulations Committee
Amendments to Deer Management Permit Rules
Trap, Transport, and Transplant Rules
Permission to Publish
April 4, 2007

I. Executive Summary: This item presents proposed amendments to the rules governing deer management permits (DMP) and permits to trap, transport, and transplant game animals and game birds, popularly referred to as "Triple T" permits.

The proposed changes to the DMP program would:

The proposed changes to the Triple T program would:

II. Discussion: Parks and Wildlife Code, Chapter 43, Subchapter E, authorizes the Commission to establish permits and promulgate rules governing the trapping, transporting, and transplanting of game animals or game birds. Parks and Wildlife Code, Chapter 43, Subchapter R, authorizes the Commission to create a Deer Management Permit subject to conditions established by the Commission.

Attachments - 3
  1. Exhibit A – Proposed Deer Management Permit Rules
  2. Exhibit B – Proposed Triple T Rules
  3. Exhibit C – Proposed Fee Rule

Committee Agenda Item No. 5
Exhibit A

Deer Management Permit (DMP) Rules
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §65.131 and 65.134-65.136, concerning Deer Management Permits (DMP).

The proposed amendment to §65.131, concerning Deer Management Permit (DMP), would eliminate current subsection (d) and alter the composition of the review panel provided for by current subsection (e). Current subsection (d) provides that changes to an existing deer management plan are to be treated as a new application. The subsection is being eliminated because another proposed rulemaking published elsewhere in this issue proposes to provide a consistent application process and fee for new applications and renewals. Therefore, subsection (d) is no longer necessary.

Current §65.131(e) provides that an applicant for a permit may request a review of an agency decision to deny or delay permit issuance. The review panel is composed of agency managers. The proposed amendment would add the Deputy Director of Operations (or his or her designee) to the review panel and remove “the Regional Director with jurisdiction” and the “White-tailed Deer or Mule Deer program leader.” The change is necessary to include senior management in any situation calling for a review and provide consistency with other review panels associated with deer permits.

The proposed amendment to §65.134, concerning Facility Standards, would clarify that the maximum number of bucks and does that may be kept in a DMP pen does not include fawns born in the pen during the permit year. The provisions of current subsection (c) allow no more than one buck and 20 does to be kept in a pen between September 1 and January 31. Those dates were selected because other provisions of the subchapter prohibit the addition of deer between March 2 and January 31 and require that all deer in a DMP be released by August 31. In essence, the current regulation specifies the maximum number of deer that may be in a DMP pen during the time it is lawful to confine deer in a DMP pen. The proposed amendment simplifies and clarifies the provisions of the subsection by stating declaratively that a DMP pen may contain no more than one buck and 20 does at any time, exclusive of fawns born in the pen during the permit year.

The proposed amendment to §65.135, concerning Detention and Marking of Deer, would shorten the period of time when it is unlawful to trap deer from the wild under a DMP and eliminate the requirement that deer within a DMP be ear-tagged.

Under current §65.135(a), deer may not be trapped between March 2 and August 31. The proposed amendment would extend the prohibition to the period from December 15 to August 31. The intent of the rule is to prevent the trapping of pregnant does, since the purpose of the subchapter is to authorize the trapping of wild does for breeding purposes. Department data indicate that by December 15 there is a high probability that pregnant does will be trapped. The proposed amendment is necessary to ensure that the intent and integrity of the program is maintained.

Under current §65.135(b), adult deer within a DMP facility must be ear-tagged. The department has determined that tagging is not necessary and has little value to the agency. Therefore, the provision is being eliminated. A DMP holder is not prohibited from marking deer that are legally detained under a permit. The proposed amendment is necessary to simplify the rules.

The proposed amendment to §65.136, concerning Release, would reduce the minimum footage of fencing that must be removed during release operations, allow multiple openings of at least 10 feet, and shorten the time that containment features must be removed in order to effect release of DMP deer. The provisions of the current rule allow for the use of release techniques that would otherwise be prohibited, provided they are approved by the department on a case-by-case basis. Since the inception of the permit in 1998, the department has approved numerous exceptions to the provisions of the section. In reviewing the exceptions to the rule, the department has determined that more flexible standards can be safely implemented. The proposed amendment also would eliminate the provision for case-by-case approval of release techniques, as the department does not intend to approve any release techniques other than what is allowed by rule. The department has also determined that the current requirement that fences remain down for a period of 60 days may be safely shortened to 30 days. The proposed amendment is necessary to allow for the liberation of deer after fawning season but with time to apply for a new permit in time to be ready for the trapping season, which begins September 1.

2. Fiscal Note.

Mr. Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local government 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 greater efficiency in program administration and clearer and more user-friendly regulations.

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

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public 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).

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter R, which authorizes the commission to issue a permit for the management of the wild white-tailed deer population on acreage enclosed by a fence capable of retaining white-tailed deer, subject to conditions established by the commission.

The proposed amendments affect Parks and Wildlife Code, Chapter 43.

§65.131. Deer Management Permit (DMP).

(a) The department may issue a Deer Management Permit to a person who has met the requirements of §65.132 of this title (relating to Permit Application).

(b) A person who possesses a valid Deer Management Permit may trap and detain wild deer according to the provisions of this subchapter and Parks and Wildlife Code, Chapter 43, Subchapter R. A permittee shall abide by the terms of an approved deer management plan.

(c) The provisions of Parks and Wildlife Code, Chapter 43, Subchapters C, E, and L do not apply to deer lawfully being held in possession under authority of a valid DMP.

[(d) Changes to an approved Deer Management Plan shall be considered as a new application, unless the changes are necessary to comply with regulatory or statutory requirements implemented after the deer management plan was approved.]

(d)[(e)] An applicant for a permit under this subchapter may request that a decision by the department to deny issuance or delay processing of a permit or permit renewal be reviewed.

(1) An applicant seeking review of a decision of the department under this subsection shall contact the department within 10 working days of being notified by the department of permit denial.

(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for a review.

(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:

(A) the Deputy Executive Director for Operations (or his or her designee);

(B)[(A)] the Director of the Wildlife Division; and

[(B) the Regional Director with jurisdiction;]

(C) the Big Game Program Director [;and]

[(D) the White-tailed Deer Program Leader].

(4) The decision of the review panel is final.

(5) The department shall report on an annual basis to the White-tailed Deer Advisory Committee the number and disposition of all reviews under this subsection.

§65.134. Facility Standards.

(a) No pen used to detain deer under a DMP shall be more than 100 acres in area or less than five acres in area, except as provided in subsection (b) of this section.

(b) A pen less than five acres in area must contain at least 50,000 square feet of continuous natural vegetation of the type typically used by white-tailed deer for concealment and cover.

(c) Except for fawns born in a DMP facility during the current permit year, [During the period from September 1 through January 31,] no pen at any time shall contain more than:

(1) one buck deer; and/or

(2) 20 doe deer.

§65.135. Detention [and Marking] of Deer.

[(a)] No trapping of deer under a DMP may take place between December 15[March 2] and August 31 of any year.

[(b) Each deer detained under a DMP shall be marked by securely attaching a tag constructed of durable material to one ear. The tag must be of a size and color that is clearly visible from a distance of 50 feet. For the purposes of this subsection, 'durable material' means material that is not likely to disintegrate, decompose, or be easily dislodged or removed.]

§65.136. Release.

(a) Release of deer shall be effected by removing, for a total of at least 20 feet [for a continuous distance of no less than 100 yards,] those components of a pen that serve to maintain deer in a state of detention within the pen; however, no opening shall be less than 10 feet in width. Such components shall be removed for no fewer than (30)[60] consecutive days. [The provisions of this subsection may be altered, provided the specific details of the release technique are included in the applicant's deer management plan and are approved by the department.]

(b) All externally provided food and water (i.e., food or water that does not naturally occur at the site) shall be removed or made inaccessible to deer for no fewer than (30)[60] days.

(c) All deer within a DMP pen shall be released on or before August 31 of each year.

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

Issued in Austin, Texas, on


Committee Agenda Item No. 5
Exhibit B

Triple T Rules
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §65.107, concerning Permit Application and Processing.

The proposed amendment would eliminate the option for an applicant to designate multiple release sites on a single Permit to Trap, Transport, and Transplant Game Animals and Game Birds (popularly referred to as “Triple T” permits) and alter the composition of the review panel provided for by subsection (b).

Under current §65.107(a), an applicant may specify multiple trap and release sites on a single application for a Triple T permit. The department has determined that the current method of permit administration is not cost effective. In Fiscal Year 2006, the department issued 75 Triple T permits authorizing trapping activities at 63 sites and release activities at 163 sites. The department incurred costs of approximately $120,830 to process applications, perform site inspections, observe and enforce compliance, and prosecute violations of Triple T regulations; however, revenue from permit fees during the same time period was $13,500.

Under Parks and Wildlife Code, §43.061, the state may not incur any expense for the trapping, transporting, and transplanting of game animals and game birds under a Triple T permit. Therefore, the department must increase the fee in order to recoup the expense to the state. The department has proposed the actual fee increase in another proposed rulemaking published elsewhere in this issue.

Current §65.107(b) provides that an applicant for a permit may request a review of an agency decision to deny or delay permit issuance. The review panel is composed of agency managers. The proposed amendment would add the Deputy Director of Operations (or his or her designee) to the review panel and remove “the Regional Director with jurisdiction” and the “White-tailed Deer or Mule Deer program leader.” The change is necessary to include senior management in any situation calling for a review and provide consistency with other review panels associated with deer permits.

2. Fiscal Note.

Mr. Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to state government as a result of enforcing or administering the rule. Note: This fiscal note also appears as part of the proposed amendment to §53.14, which is published elsewhere in this issue. The department reproduces it here as a courtesy to the regulated community. The department also estimates that there will be additional revenue of approximately $112,500 per year as a result of enforcing or administering the proposed rule with respect to Triple T permits. This estimate was obtained by taking the average number of release sites authorized over each of the last three years (150) and multiplying it by the proposed fee ($750).

There will be no fiscal implications for other units of 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 anticipated as a result of enforcing or administering the rule as proposed will be greater efficiency in program administration and clearer and more user-friendly regulations.

(B) There will be an adverse economic effect on small businesses, microbusinesses, and persons required to comply with the amendment as proposed. Each Triple T permittee will incur a direct additional cost of $570 per permit. Some of the businesses affected will be small or microbusinesses; however, there is no difference in the cost of compliance between the largest business affected by the rule and the smallest business affected by the rule. Similarly, there is no disproportionate economic impact on small or microbusinesses. TPWD is not aware of a performance-oriented, voluntary, or market-based approach that would substitute for the proposed amendment.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public 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).

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, §43.061, which requires the commission shall adopt rules for the trapping, transporting, and transplanting of game animals and game birds and authorizes the commission to set fees for review of permit applications or other department actions necessary to implement the provisions of §43.601.

The proposed amendments affect Parks and Wildlife Code, Chapter 43.

§65.107. Permit Application and Processing.

(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 may specify multiple trap sites, but only one release site.

(3) A single application for [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.

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

(5)[(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.

(6)[(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) Review. An applicant for a permit under this subchapter may request a review of a decision of the department to deny issuance or delay processing of a permit.

(1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first contact the department within 10 working days of being notified by the department of permit denial.

(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review.

(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:

(A) the Deputy Executive Director for Operations, or his or her designee;

(B)[(A)] the Director of the Wildlife Division; and

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

(C) the Big Game Program Director[; and]

[(D) the White-tailed Deer or Mule Deer program leader, as appropriate].

(4) The decision of the review panel is final.

(5) The department shall report on an annual basis to the White-tailed Deer Advisory Committee the number and disposition of all reviews under this subsection.

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

Issued in Austin, Texas, on


Committee Agenda Item No. 5
Exhibit C

Deer Management Permit (DMP) and Triple T Rules – Fees
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §53.14, concerning Deer Management and Removal Permits.

The proposed amendment affects the Deer Management Permit (DMP) and the Permit to Trap, Transport, and Transplant Game Animals and Game Birds (popularly referred to as the “Triple T” permit).

The portion of the proposed amendment affecting the Triple T permit (which includes the urban white-tailed deer removal permit) would increase the fee for a Triple T application from $180 to $750. Elsewhere in this issue, the department has proposed an amendment to the Triple T rules that would eliminate the current provision allowing for multiple release sites to be authorized by a single Triple T permit. As proposed, the rule would allow only one release site per Triple T permit. In Fiscal Year 2006, the department issued 75 Triple T permits authorizing trapping activities at 63 sites and release activities at 163 sites. The department incurred costs of approximately $120,830 to process applications, perform site inspections, observe and enforce compliance, and prosecute violations of Triple T regulations; however, revenue from permit fees during the same time period was $13,500.

Under Parks and Wildlife Code, §43.061, the state may not incur any expense for the trapping, transporting, and transplanting of game animals and game birds under a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter E, which is the authorizing statute for the Triple T permit. Therefore, the department must increase the fee in order to recoup the expense to the state. The proposed fee of $750 was obtained by dividing the cost of program administration and enforcement by the number of release sites.

The portion of the proposed amendment affecting the DMP would provide a consistent application process for new applications and renewals. The department has determined that it does not recover the cost of administering the DMP program under current fee amounts. Under current rule, the fee for the initial issuance of a DMP is $1,000 and the permit may be renewed annually. The current fee for a renewal is $600. Under Parks and Wildlife Code, §43.603, the commission may establish a fee for new or renewed DMPs, but the fee for a DMP may not exceed $1,000.

The department has determined that it does not recover the cost of administering the DMP program. In Fiscal Year 2006, the department issued 38 new DMPs and renewed 40 DMPs, incurring expenses of approximately $92,000 to process applications, perform site and facility inspections, observe and enforce compliance, and prosecute violations of DMP regulations; however, revenue from permit fees was $62,000. Data from FY 07 is incomplete, but 58 new DMPs have been issued and 46 have been renewed, an increase of 67%. It is logical to assume that administrative and enforcement costs have also increased and continue to be greater than revenue. In fact, FY 07 revenue of $85,000 is still below the expenses from the previous year, when there were 67% fewer permits.

Therefore, the department has determined that an increase in the renewal fee is necessary in order to recoup administrative and enforcement expenses to the greatest extent possible.

2. Fiscal Note.

Mr. Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to state government as a result of enforcing or administering the rule. The department estimates that there will be an increase in revenue to the department of approximately $41,600 per year as a result of the administering and enforcing the proposed rule with respect to DMPs. This figure was derived by taking the total number of active DMP permits (104) and calculating the difference between the revenue obtained from the current renewal fee ($600) and the proposed renewal fee ($1,000). This calculation assumes that every person currently holding a DMP will choose to continue engaging in permitted activities. This calculation assumes that every person currently holding a DMP will choose to continue engaging in permitted activities. The calculation does not address new permits, since the department has no method of determining how many persons will participate in the program in the future.

The department also estimates that there will be additional revenue of approximately $112,500 per year as a result of enforcing or administering the proposed rule with respect to Triple T permits. This estimate was obtained by taking the average number of release sites authorized over each of the last three years (150) and multiplying it by the proposed fee ($750).

There will be no fiscal implications for other units of 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 anticipated as a result of enforcing or administering the rule as proposed will be greater efficiency in program administration and clearer and more user-friendly regulations.

(B) There will be an adverse economic effect on small businesses, microbusinesses, and persons required to comply with the amendment as proposed.

Each current DMP permittee will incur a direct additional cost of $400 per year to continue the activities authorized by a DMP. Some of the businesses affected will be small or microbusinesses; however, there is no difference in the cost of compliance between the largest business affected by the rule and the smallest business affected by the rule. Similarly, there is no disproportionate economic impact on small or microbusinesses. TPWD is not aware of a performance-oriented, voluntary, or market-based approach that would substitute for the proposed amendment.

Each Triple T permittee will incur a direct additional cost of $570 per permit. Some of the businesses affected will be small or microbusinesses; however, there is no difference in the cost of compliance between the largest business affected by the rule and the smallest business affected by the rule. Similarly, there is no disproportionate economic impact on small or microbusinesses. TPWD is not aware of a performance-oriented, voluntary, or market-based approach that would substitute for the proposed amendment.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comment.

Comments on the proposed 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).

5. Statutory Authority.

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter R, which authorizes the commission to issue a permit for the management of the wild white-tailed deer population on acreage enclosed by a fence capable of retaining white-tailed deer, and requires the commission to set a fee for the issuance or renewal of a permit in an amount not to exceed $1,000.

The proposed amendment affects Parks and Wildlife Code, Chapter 43.

§53.14. Deer Management and Removal Permits.

(a) Deer breeding and related permits. Scientific breeder's and scientific breeder's renewal—$400.

(b) Trap, transport and transplant permit application fees:

(1) nonrefundable application processing fee—$750[$180]; and

(2) nonrefundable application processing fee for amendment to existing permit—$30.

(c) Urban white-tailed deer removal permit:

(1) nonrefundable application processing fee—$$750[180]; and

(2) nonrefundable application processing fee for amendment to existing permit—$30.

(d) Deer management permit and renewal [:]

[(1) deer management permit]—$1,000[; and]

[(2) renewal of deer management permit—$600].

(e) Antlerless and spike buck deer control permit application processing fee—$360.

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

Issued in Austin, Texas, on


Committee Agenda Item No. 6
Presenter: Ken Kurzawski
Mike Berger
Larry McKinney

Regulations Committee
2007–2008 Statewide Hunting and Fishing Proclamation
April 4, 2007

Please Refer to Action Item No. 3


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