Trailing Wounded Deer With Dogs

Public Comment
Trailing Wounded Deer With Dogs

TRAILING WOUNDED DEER WITH DOGS

PROPOSAL PREAMBLE

          The Texas Parks and Wildlife Department (TPWD) proposes an amendment to §65.19, concerning Hunting Deer with Dogs. The proposed amendment would remove 12 counties from the applicability of the rule’s prohibition of the use of dogs in certain counties, the effect of which would be to make it lawful in those counties for a person to use not more than two dogs to trail a wounded deer.

         In 1990 the department promulgated rules prohibiting the use of dogs to trail wounded deer in Angelina, Bowie, Camp, Fannin, Franklin, Hardin, Harris, Harrison, Houston, Hunt, Jasper, Jefferson, Lamar, Liberty, Montgomery, Morris, Nacogdoches, Newton, Orange, Panola, Polk, Red River, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler, Walker, Washington, and Wood counties. The rulemaking was necessary because the department determined that dogs were being used unlawfully to hunt deer, which was causing depletion of the resource and in the process denying others an equitable and reasonable privilege to hunt deer. The rulemaking was based on the department’s statutory duty to prevent the depletion of deer populations and to provide for the most equitable and reasonable privilege to hunt (Parks and Wildlife Code, §61.055).

         In 2000, Wildlife Division and Law Enforcement Division personnel determined that the practice of using dogs to hunt deer had declined to the point of being nonexistent in Bowie, Camp, Fannin, Franklin, Lamar, Morris, Red River, Rockwall, Titus, and Wood counties. In 2001, the department removed those counties from the list of counties where the use of dogs to trail wounded deer was prohibited.

         In 2005, the 79th Texas Legislature enhanced the department’s authority to address hunting with dogs with the enactment of House Bill 1959 (HB 1959) (Regular Session), which added Parks and Wildlife Code, §62.0065, to stipulate that a person may not recklessly use a dog to hunt or pursue a deer in this state. Parks and Wildlife Code, §62.0065 also authorized the Texas Parks and Wildlife Commission to prescribe by rule the type of firearm that may be possessed during an open deer season by a person who is in actual or constructive possession of a dog while in the field on another person’s land or property in 22 listed counties.   In a 2005 rulemaking, in addition to implementing provisions of HB 1959, the department removed the prohibition on the use of dogs to trail wounded deer in Hunt and Washington counties.

         After discussions with department biologists and law enforcement staff, the White-tailed Deer Advisory Committee recently recommended that it be lawful for a person to use not more than two dogs to trail wounded deer in additional counties where the department has determined that hunting deer with dogs is no longer widespread or problematic. Department staff identified 12 counties (Harris, Harrison, Houston, Jefferson, Liberty, Montgomery, Panola, Polk, Rusk, San Jacinto, Trinity, and Walker) that meet the criteria.

         Mitch Lockwood, Big Game Program Director, 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 governments as a result of enforcing or administering the rule.

         Mr. Lockwood 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 the protection of the state’s wildlife resources (deer) from depletion, and to provide for the most equitable and reasonable privilege for the public to hunt deer.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that the proposed rule will not directly affect small businesses or micro-businesses. The proposed amendments affect the regulation of recreational license privileges that allow individual persons to pursue and harvest deer. The proposed amendments would not directly regulate any business and would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or require the purchase or modification of equipment or services by small businesses or microbusinesses. Therefore, the department therefore has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

         (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.

         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).

         The amendment is proposed under Parks and Wildlife Code, §61.052, which requires the commission to regulate the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in or from the places covered by that chapter; §61.055, which requires the commission to amend or revoke its proclamations to prevent depletion or waste and to provide to the people the most equitable and reasonable privilege to hunt game animals or game birds or catch aquatic animal life if the commission finds that there is a danger of depletion or waste; and 62.0065, which authorizes the Commission to regulate the use of dogs to trail wounded deer.

         The proposed amendment affects Parks and Wildlife Code, Chapters 61 and 62.

         §65.19. Hunting Deer with Dogs.

                 (a) For the purposes of this section:

                         (1) ’actual possession of a dog’ means the physical control of a dog;

                         (2) ’constructive possession of a dog’ means having the power and intention to have and control a dog but without direct control of the dog, the actual presence of physical restraint upon the dog, or the actual presence of the dog at exactly the same place as the person having the dog.

                 (b) It is unlawful to use a dog or dogs in hunting, pursuing, or taking deer in all counties.

                 (c) It is lawful to use not more than two dogs in trailing a wounded deer in all counties, except in Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, andTrinity, Tyler, and Walker counties, where dogs mayshall not be used to trail wounded deer.

                 (d) In Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, andTrinity, Tyler, and Walker counties, it is an offense for any person, during an open deer season, to be on property that the person does not own while:

                         (1) in possession of a shotgun and buckshot or a slug; and

                         (2) in actual or constructive possession of a dog or dogs.

                 (e) The penalties for a violation of this section are prescribed by Parks and Wildlife Code, §62.013.

         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

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