Presenter: Vernon Bevill

Commission Agenda Item No. 17
Action
2009-2010 Migratory Game Bird Proclamation
Late Season Provisions
August 27, 2009

I. Executive Summary: This item seeks adoption of proposed changes to regulations governing the take of late-season species of migratory game birds.

II. Discussion: Responsibility for adopting regulations to establish seasons, bag limits, means, methods, and devices for harvesting migratory game birds is delegated to the Commission under Parks and Wildlife Code, Chapter 64, Subchapter C. However, such regulations must be consistent with U.S. Fish and Wildlife Service (Service) frameworks. Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to adopt regulations regarding migratory game birds.

Early Season: In March 2009, the Commission authorized TPWD staff to publish proposed regulations regarding early-season species of migratory game birds in the Texas Register for public comment. These proposed regulations were published on April 24, 2009. At the time of publication, and at the time of the Commission's May 2009 meeting, the Service had not issued its frameworks for early season species. The early-season frameworks were issued by the Service on June 29, 2009, and on July 2, 2009, the Executive Director, issued Executive Order 09-003, which adopted the proposed regulations regarding early-season species (§§65.314, 65.315 and 65.319). The Notice of Adoption of those regulations appeared in the July 17, 2009, issue of the Texas Register (34 TexReg 4736), and is located at Exhibit B. No further action is required by the Commission regarding the early-season regulations.

Late Season: In May 2009, the Commission authorized staff to publish regulations regarding late season species of migratory game birds in the Texas Register for public comment. These proposed regulations (§§65.318, 65.320, and 65.321, located at Exhibit A) appeared in the July 17, 2009, issue of the Texas Register (34 TexReg 4720). Since being published, the Central Flyway Council has submitted flyway proposals to the Service Regulations Committee (SRC) .The resulting recommendations approved in this process were made available to Texas. Staff has proposed further amendments based on those federal proposals. These staff proposals have been sent out for further public review, which is normal and customary protocol for handling late season proposals being considered for August adoption. Staff has gathered and analyzed public comment pertaining to these late-season regulations, and a summary will be available at the time of the meeting. Staff will be requesting that the Commission adopt the regulations regarding late season species of migratory game birds.

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

"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.318, 65.320, and 65.321, concerning the Migratory Game Bird Proclamation, with changes as necessary to the proposed text (located at Exhibit A) as published in the July 17, 2009, issue of the Texas Register (34 TexReg 4720)."

Attachments - 2

  1. Exhibit A - Propose Late-Season Provisions
  2. Exhibit B - Notice of Adoption - Early-Season Provisions

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