Commission Agenda Item No. 4
Presenter: Dave Morrison

Action
Migratory Game Bird Proclamation
Late-Season Provisions
August 21, 2014

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 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 Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking. The proposed regulations (located at Exhibit A) appeared in the May 16, 2014, issue of the Texas Register (39 TexReg 3806). Following the issuance of early-season frameworks by the Service, the Executive Director issues an Executive Order, which adopts those portions of the proposal affecting early-season species (31 TAC §§65.315, 65.319). Therefore, the Commission will be seeking adoption of only those portions of the proposal affecting late season species (31 TAC §§65.318, 65.320, 65.321). Staff has gathered and analyzed public comment pertaining to the late-season provisions of the proposal, and a summary will be available at the time of the meeting.

III.    RECOMMENDATION:  Staff recommends that the Commission adopt the proposed 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 May 16, 2014, issue of the Texas Register (39 TexReg 3806).”

Attachments – 1

  1. Exhibit A – Proposed Rules

Commission Agenda Item No. 4
Exhibit A

2013-2014 MIGRATORY GAME BIRD PROCLAMATION
PROPOSAL PREAMBLE
LATE-SEASON PROVISIONS

[NOTE: To avoid confusion, this proposal excludes the portions of the original proposal regarding early season migratory game birds which was adopted in August 2014.]

6. Rule Text.

                 §65.318. Open Seasons and Bag and Possession Limits — Late Season. Except as specifically provided in this section, the possession limit for all species listed in this section shall be three times the daily bag limit.

                         (1) Ducks, mergansers, and coots. The daily bag limit for ducks is six, which may include no more than five mallards (only two of which may be hens); three wood ducks; three scaup (lesser scaup and greater scaup in the aggregate); two redheads; two pintail; two canvasbacks; and one "dusky" duck (mottled duck, Mexican like duck, black duck and their hybrids) during the seasons established in subparagraphs (A)(ii), (B)(ii), and (C)(ii) of this paragraph. For all other species not listed, the bag limit shall be six. 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.

                                  (A) High Plains Mallard Management Unit:

                                          (i) all species other than "dusky ducks": October 25 — 26, 2014 and October 31, 2014 — January 25, 2015[October 26 — 27, 2013 and November 1, 2013 — January 26, 2014].

                                          (ii) "dusky ducks": November 3, 2014 — January 25, 2015[November 4, 2013 — January 26, 2014].

                                  (B) North Zone:

                                          (i) all species other than "dusky ducks": November 1 — December 7, 2014 and December 20, 2014 — January 25, 2015[November 2 — December 8, 2013 and December 21, 2013 — January 26, 2014].

                                          (ii) "dusky ducks": November 6 — December 7, 2014 and December 20, 2014 — January 25, 2015[November 7 — December 8, 2013 and December 21, 2013 — January 26, 2014].

                                  (C) South Zone:

                                          (i) all species other than "dusky ducks": November 1 — 30, 2014 and December 13, 2014 — January 25, 2015[November 2 — December 1, 2013 and December 14, 2013 — January 26, 2014].

                                          (ii) "dusky ducks": November 6 — November 30, 2014 and December 13, 2014 — January 25, 2015[November 7 — December 1, 2013 and December 14, 2013 — January 26, 2014].

                         (2) Geese.

                                  (A) Western Zone.

                                          (i) Light geese: November 1, 2014 — February 1, 2015[November 2, 2013 — February 2, 2014]. The daily bag limit for light geese is 20, and there is no possession limit.

                                          (ii) Dark geese: November 1, 2014 — February 1, 2015[November 2, 2013 — February 2, 2014]. The daily bag limit for dark geese is five, to include no more than one white-fronted goose.

                                  (B) Eastern Zone.

                                          (i) Light geese: November 1, 2014 — January 25, 2015[November 2, 2013 — January 26, 2014]. The daily bag limit for light geese is 20, and there is no possession limit.

                                          (ii) Dark geese:

                                                   (I) White-fronted geese: November 1, 2014 — January 11, 2015[November 2, 2013 — January 12, 2014]. The daily bag limit for white-fronted geese is two.

                                                   (II) Canada geese: November 1, 2014 — January 25, 2015[November 2, 2013 — January 26, 2014]. The daily bag limit for Canada geese is three.

                         (3) Sandhill cranes. A free permit is required of any person to hunt sandhill cranes in areas where an open season is provided under this proclamation. Permits will be issued on an impartial basis with no limitation on the number of permits that may be issued.

                                  (A) Zone A: November 1, 2014 — February 1, 2015[November 2, 2013 — February 2, 2014]. The daily bag limit is three. The possession limit is nine.

                                  (B) Zone B: November 21, 2014 — February 1, 2015[November 22, 2013 — February 2, 2014]. The daily bag limit is three. The possession limit is nine.

                                  (C) Zone C: December 20, 2014 — January 25, 2015[December 21, 2013 — January 26, 2014]. The daily bag limit is two. The possession limit is six[12].

                         (4) Special Youth-Only Season. There shall be a special youth-only waterfowl season during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 15 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this chapter (relating to Extended Falconry Season — Late Season Species). Bag and possession limits in any given zone during the season established by this paragraph shall be as provided for that zone by paragraphs (1) and (2) of this section. Season dates are as follows:

                                  (A) High Plains Mallard Management Unit: October 18-19, 2014[October 19 — 20, 2013];

                                  (B) North Zone: October 25 — 26, 2014[October 26 — 27, 2013]; and

                                  (C) South Zone: October 25 — 26, 2014[October 26 — 27, 2013].

                 §65.320. Extended Falconry Season — Late Season Species. It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons.

                 (1) Ducks, coots, and mergansers:

                         (A) High Plains Mallard Management Unit: no extended season;

                         (B) North Duck Zone: January 26 — February 9, 2015[January 27 — February 10, 2014];

                         (C) South Duck Zone: January 26 — February 9, 2015[January 27 — February 10, 2014].

                 (2) The daily bag and possession limits for migratory game birds under this section shall not exceed three and nine birds, respectively, singly or in the aggregate.

         §65.321. Special Management Provisions. The provisions of paragraphs (1) — (3) of this section apply only to the hunting of light geese. All provisions of this subchapter continue in effect unless specifically provided otherwise in this section; however, where this section conflicts with the provisions of this subchapter, this section prevails.

                 (1) – (3) (No change.)

                 (4) Special Light Goose Conservation Period.

                         (A) From January 26 — March 22, 2015[January 27 — March 23, 2014], the take of light geese is lawful in Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

                         (B) From February 2 — March 22, 2015[February 3 — March 23, 2014], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title.

         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