31 TAC §65.315, §65.319
The Texas Parks and Wildlife Commission adopts amendments
to §65.315 and §65.319, concerning the Migratory Game Bird Proclamation.
The amendments to §65.315 and §65.319 are adopted with changes to
the proposed text as published in the April 30, 1999, issue of the
Texas Register
(TexReg 3299).
The change to §65.315, concerning Open Seasons and Bag Limits - Early
Season Species, establishes a 60-day season and a 15-bird daily bag limit.
The change to §65.319, concerning Extended Falconry Season - Early Season
Species, creates additional falconry opportunity as a result of changing the
length of the general season from 70 to 60 days.
The amendments are necessary to implement commission policy to provide
the maximum hunter opportunity possible under frameworks issued by the U.S.
Fish and Wildlife Service (Service), and to discharge the department's statutory
duty to manage the migratory game bird resources of this state.
The rules will function to establish seasons, season lengths, and bag limits
for the hunting of early-season migratory game bird species.
The department received 383 comments concerning adoption of the proposed
rules.
The department received 43 comments opposing all-day dove hunting for various
reasons, including concerns that unethical hunters were exceeding bag limits,
that all-day hunting causes doves to vacate areas too quickly, and that all-day
hunting causes over-harvesting. The department disagrees with the comments
and responds that: regulations are irrelevant to people determined to violate
the law, so hunters who intentionally exceed bag limits are likely to do so
no matter what the shooting hours happen to be; landowners have every right
to limit shooting hours as they see fit on their properties; and biological
data indicates a stable population trend for mourning doves since the implementation
of all-day hunting in 1977. No changes were made as a result of the comments.
The department received 89 comments in favor of all-day shooting hours.
The department received 134 comments opposing the proposed 70-day/12-bird
season for mourning dove. When the commenters cited specific reasons for opposition,
in every case they stated that they preferred a higher bag limit rather than
a longer season because of time constraints. The department agrees with the
comments and has made the change accordingly. The department received 77 comments
in favor of the proposal.
The department received 37 comments stating that with respect to doves,
the proposed opening days in various zones were either too early or too late,
that the winter segment in various zones was either too early or too late,
or too long or too short, or that the winter segment was unnecessary. The
department disagrees with the comments and responds that season lengths and
openers for all zones, as well as the timing and duration of winter segments,
are set in accordance with federal frameworks and to implement the commission
policy of providing the greatest opportunity possible, especially for youth.
No changes were made as a result of the comments.
One commenter opposed the proposed opening day for teal. The department
disagrees with the comment and responds that the season is set to take advantage
of peak migration and is in accordance with the commission policy of providing
the greatest opportunity possible law. No changes were made as a result of
the comment.
One commenter opposed adoption of the proposal, stating that the dove season
should be closed because populations were down. The department disagrees with
the comment and responds that biological data indicates a stable trend in
dove populations. No changes were made as a result of the comment.
One commenter opposed adoption of the proposed rules because doves are
a symbol of peace. The department disagrees with the comment and responds
that it is insufficient biological justification for closing the season. No
changes were made as a result of the comment.
Sportsmen Conservationists of Texas and Texas Wildlife Association commented
in favor of adoption of the proposed rules.
The amendments are adopted under Parks and Wildlife Code, Chapter
64, which authorizes the Commission and the Executive Director to provide
the open season and means, methods, and devices for the hunting and possessing
of migratory game birds.
§65.315. Open Seasons and Bag and Possession Limits - Early Season.
(a)
Rails.
(1)
Dates: September 11 - 26, 1999, and October 23 - December
15, 1999.
(2)
(No change.)
(b)
Dove seasons.
(1)
North Zone.
(A)
Dates: September 1 - October 30, 1999.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(2)
Central Zone.
(A)
Dates: September 1 - October 17, 1999, and December 26,
1999 - January 7, 2000.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(3)
South Zone.
(A)
Dates: Except in the special white-winged dove area as
defined in 65.314 of this title (relating to Zones and Boundaries for Early
Season Species), September 24 - November 7, 1999, and December 26, 1999 -
January 9, 2000. In the special white-winged dove area, the mourning dove
season is September 24 - November 7, 1999, and December 26, 1999 - January
5, 2000.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(4)
Special white-winged dove area.
(A)
Dates: September 4, 5, 11, and 12, 1999.
(B)-(C)
(No change.)
(c)
Gallinules.
(1)
Dates: September 11-26, 1999, and October 23, 1999 - December
15, 1999.
(2)
(No change.)
(d)
September teal-only season.
(1)
Dates: September 11-26, 1999.
(2)
(No change.)
(e)-(f)
(No change.)
(g)
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. The daily bag limit is three.
The possession limit is six.
(1)
Zone A: November 13, 1999 - February 13, 2000.
(2)
Zone B: December 4, 1999 - February 13, 2000.
(3)
Zone C: January 8, 1999 - February 13, 2000.
(h)
Woodcock: December 18, 1999 - January 31, 2000. The daily
bag limit is three. The possession limit is six.
(i)
Common snipe (Wilson's snipe or jacksnipe): October 17,
1999 - January 31, 2000. The daily bag limit is eight. The possession limit
is 16.
§65.319. Extended Falconry Season - Early Season Species.
(a)
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)
mourning doves and white-winged doves: November 9 - December
25, 1999; and
(2)
rails and gallinules: December 16, 1999 - January
21, 2000.
(3)
woodcock: November 24 - December 17, 1999, and February
1- March 9, 2000.
(b)
(No change.)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
27, 1999.
TRD-9904520
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 16, 1999
Proposal publication date: April 30, 1999
For further information, please call: (512) 389-4775