Presenter: Mike Berger

Commission Agenda Item No. 9
Action
Amendments to the Public Lands Proclamation Establishment of an Open Season on Public Hunting Lands
Approval of Public Hunting Activities on State Parks
May 24, 2007

I. Executive Summary: This item presents proposed amendments to the Public Lands Proclamation and authorizes hunting activities on public hunting lands, including units of the State Park System. 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 Parks and Wildlife Department if the Commission determines that multiple use is the best utilization of the land's resources. 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.

Staff was authorized at the April 2007 meeting of the Regulations Committee to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the April 20, 2007, issue of the Texas Register (32 TexReg 2251, 2256). Staff will provide an analytical summary of public comment at the time of the meeting.

III. Recommendation: Staff recommends that the commission adopt the following motions:

Motion 1: "The Texas Parks and Wildlife Commission adopts amendments to §§59.3, 65.191, 65.193, and 65.201, concerning the Public Lands Proclamation, with changes as necessary to the proposed text as published in the April 20, 2007, issue of the Texas Register (32 TexReg 2251, 2256)."

Motion 2: "The Texas Parks and Wildlife Commission authorizes an open season on public hunting lands to run from September 1, 2007 to August 31, 2008, subject to restrictions ordered by the Executive Director under Parks and Wildlife Code, Chapter 81."

Motion 3: "The Texas Parks and Wildlife Commission authorizes the public hunting activities contained in Exhibit C to take place on units of the state park system."

Attachments – 1

  1. Exhibit A – Proposed Amendments to the Public Lands Proclamation
  2. Exhibit B – Proposed Amendments to Fee regulations
  3. Exhibit C – Hunting Activities Authorized on State Parks for 2007-2008

Commission Agenda Item No. 9
Exhibit A

Public Lands Proclamation
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.191, 65.193, and 65.201, 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 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 §65.201, 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. Summary of 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.

<ebt>(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.

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

(41)[(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.

(42)[(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.

(43)[(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.

(44)[(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.

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

(46)[(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.

§65.201. 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


Commission Agenda Item No. 9
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 person 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.

(d) 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.

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


Commission Agenda Item No. 9
Exhibit C

Proposed State Park Hunts for 2007-2008

Park Species/Hunt Type Special Hunt Category Permit Type # Permits Proposed Hunt Dates Visitation Restriction
Abilene Deer and feral hogs YDE Special 12 Dec. 19-21 Y
Abilene Dove APH/OSR Sept.1- Oct.30 N
Abilene Waterfowl APH/OSR North Zone N
Atlanta Deer and feral hogs GDA Special 20 Nov. 27-29, Dec. 4-6 Y
Big Bend Ranch Mule deer and unlimited exotics MDG Special 15 Dec. 1-5 partial
Big Bend Ranch Javelina GJE Special 30 Nov. 13-15, Dec. 17-19, Jan. 9-11 partial
Big Bend Ranch Quail APH/OSR Nov. 7,8,9, Dec. 20,21,22, Jan. 14,15,16 partial
Brazos Bend Deer and feral hogs GDE Special 100 Dec. 10-12, 12-14 Y
Caprock Canyons Mule deer and feral hogs MDG Special 6 Nov. 27- 30 Y
Caprock Canyons Exotics and feral hogs EXO Special 20 Jan. 2-4, 16-18 Y
Caprock Canyons Youth only Quail postcard APH Dec. 8-9 Y
Choke Canyon — N. Shore Unit Deer, feral hogs ADE Special 8 Dec. 12-16 N
Choke Canyon — N. Shore Unit Youth Deer, feral hogs YDM Special 20 Oct. 27-28, Nov. 3-4, 10-11, Jan. 12-13, 19-20 N
Colorado Bend Deer, exotics and feral hogs GDE Special 60 Nov. 28-30, Dec. 5-7, 12-14 Y
Colorado Bend Deer, exotics and feral hogs GDA Special 60 Jan. 2-4, 9-11, 16-18 Y
Colorado Bend Youth Deer, exotics & feral hogs YDE Special 10 Dec. 26-28 Y
Cooper Lake- South Sulphur Unit Deer and feral hogs APH/OSR Dec. 1-16 partial
Copper Breaks Deer and feral hogs NEW GDE Special 1 Dec. 7-9 Y
Copper Breaks Deer and feral hogs GDA Special 2 Dec. 7-9 Y
Davis Mountains Javelina GJE Special 16 Jan. 14-16, 16-18, 21-23, 23-25 partial
Devil's River Exotics EXO Special 40 Jan. 7-9, 14-16 Y
Martin Dies Jr. Youth/Adult Squirrel Reg/APH-OSR Dec. 1, 2 and 8 Y
Enchanted Rock Deer, exotics and feral hogs GDE Special 15 Jan. 7-9 Y
Enchanted Rock Deer, exotics and feral hogs GDA Special 45 Jan. 9-11,14-16, 16-18 Y
Fairfield Lake Deer and feral hogs GDA Special 80 Dec. 3-5, 5-7, 31- Jan. 2, 2-4 Y
Fort Boggy Deer, feral hogs ADE Special 40 Oct. 10-12, 12-14 Y
Fort Boggy Deer, feral hogs GDE Special 40 Dec. 10-12, 12-14 Y
Fort Boggy Feral hogs GFH Special 20 Jan. 7-9 Y
Garner Deer, exotics and feral hogs GDA Special 60 Dec. 3-5, 5-7, 10-12, 12-14 Y
Garner Youth Deer, exotics & feral hogs YDA Special 10 Dec. 1-2 Y
Garner Exotics and feral hogs YEX Special 10 Jan. 19-20 Y
Garner Exotics and feral hogs EXO Special 30 Jan. 21-23, 23-25 Y
Guadalupe River Deer, exotics and feral hogs GDE Special 10 Dec. 10-14 Y
Guadalupe River Deer, exotics and feral hogs GDA Special 30 Dec. 3-7 Jan. 7-11, 14-18 Y
Hill Country Deer and feral hogs ADE Special 30 Dec. 3-6 Y
Hill Country Deer and feral hogs GDE Special 90 Dec. 10-14, Jan. 14-17, 21-24 Y
Hill Country Deer and feral hogs GDA Special 0 no hunt 07-08
Honey Creek Deer, exotics and feral hogs GDE Special 10 Dec. 10-14 Y
Honey Creek Deer, exotics and feral hogs GDA Special 30 Dec. 3-7, Jan. 7-11, 14-18 Y
Honey Creek Youth Deer, exotics & feral hogs YDA Special 10 Dec. 8-9 Y
Huntsville Deer and feral hogs GDA Special 45 Jan. 2-4, 9-11, 16-18 Y
Huntsville Youth Deer and feral hogs YDE Special 15 Dec. 26-28 Y
Huntsville Squirrel Reg/APH-OSR Dec. 12-13 Y
Inks Lake/Longhorn Caverns Deer and feral hogs GDE Special 10 Dec. 5-7 partial
Inks Lake/Longhorn Caverns Deer and feral hogs GDA Special 40 Dec. 12-14, Jan. 2-4, 9-11, 16-18 partial
Inks Lake/Longhorn Caverns Youth Deer and feral hogs YDE Special 10 Dec. 26-28 partial
Kickapoo Caverns Deer and feral hogs GDE Special 20 Dec. 5-7 Y
Kickapoo Caverns Youth Deer and feral hogs YDE Special 15 Dec. 1-2 Y
Lake Brownwood Deer and feral hogs ADE Special 5 Jan. 8-10 Y
Lake Brownwood Deer and feral hogs GDE Special 5 Jan. 15-17 Y
Lake Brownwood Deer and feral hogs GDA Special 10 Jan. 22-24, 29-31 Y
Lake Mineral Wells Deer and feral hogs GDM Special 20 Dec. 11-13, 26-28 partial
Lake Bob Sandlin Deer and feral hogs GDA Special 6 Dec. 3-5 Y
Lake Somerville- Birch Creek Deer, feral hogs ADE Special 24 Oct. 23-25, Dec. 11-13 total
Lake Somerville-Nails Creek Deer, feral hogs ADE Special 6 Oct. 9-11 total
Lake Somerville-Nails Creek Youth Deer, feral hogs YDE Special 15 Dec. 29-30 partial
Lake Somerville-Nails Creek Waterfowl APH Early Teal and regular North Zone duck partial
Lake Whitney Deer, exotics and feral hogs GDA special 20 Jan. 7-9, 9-11 Y
Lost Maples Deer, exotics and feral hogs GDE Special 24 Jan. 3-5, 8-10, 10-12 Y
Mother Neff (prairie area ) Dove APH Sept. 4-7, 10-14, 17-21, 24-28 partial
Possum Kingdom Youth Deer, exotics & feral hogs YDE Special 12 Dec. 20-21, 27-28 Y
Purtis Creek Youth only Waterfowl APH Postcard Dec. 15, 29, Jan 5, 19 partial
Resaca de la Palma White-winged dove APH-OSR/ Reg Sept. 1, 2, 8, 9 Y
Resaca de la Palma Mourning dove APH-OSR/ Reg Oct 27, 28, Nov. 3, 4 Y
Resaca de la Palma Quail APH-OSR/ Reg Oct 27, 28, Nov. 3, 4 Y
San Angelo Deer and feral hogs GDE Special 60 Dec. 5-7 partial
San Angelo Deer and feral hogs GDA Special 120 Nov. 27-29, Jan. 8-10 partial
San Angelo Youth Deer and feral hogs YDA Special 60 Nov. 17-18 partial
San Angelo Turkey GTS Special 40 Apr. 4-6, 18-20 N
San Angelo Archery Deer/Turkey APH/OSR Oct. 13-28, Nov. 3-16, 19-25 N
San Angelo Dove, rabbit, squirrel, & waterfowl APH/OSR Sept 1-Oct. 12, on season dates open for each species on these dates. N
San Angelo Dove, quail, rabbit, squirrel, & waterfowl APH/OSR Dec. 8- Feb. 24, on season dates open for each species on these dates. N
Sea Rim Youth Alligator YAL Special 10 Sept. 15-16 Sat. — Sun. N
Sea Rim Waterfow- Teal APH Early Teal season N
Sea Rim Waterfowl APH Open on Sun, Wed, and Fri of the general South Zone season N
Sea Rim Rail,Gallinule and snipe APH concurrent with Teal and waterfowl dates N
Sea Rim Youth only Waterfowl APH special youth season N
Sea Rim Feral Hog Archery APH close of regular waterfowl — Mar. 1 only in marsh N. of Hwy 87 N
Seminole Canyon Deer and feral hogs GDE special 40 Nov. 26-28, 28-30 Dec. 3-5, 5-7 Y
South Llano Deer, exotics and feral hogs GDA Special 16 Jan. 7-9, 9-11, 14-16, 16-18 Y
Tony Houseman Feral hog APH Oct. 1- Mar. 31 N
Tony Houseman Squirrel APH Oct. 1-Feb. 3, May 1-31 N
Tony Houseman Youth squirrel APH Sept. 29-30 N
Tony Houseman Dove APH each day of Central Zone season N
Tony Houseman Waterfow- Teal APH each day of Early Teal season N
Tony Houseman Waterfowl: duck & goose APH each day of North Zone season N
Tony Houseman Rabbits and hares APH no closed season N
Tony Houseman Fish, frogs, crayfish APH no closed season N
Tony Houseman Youth waterfowl APH South Zone Youth season dates N
Tony Houseman furbearers and predators APH Oct. 1- Mar. 31 N

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