TITLE natural-resources-and-conservation

Part II. Texas Parks and Wildlife Department

Chapter 65. Wildlife

The Texas Parks and Wildlife Department proposes the repeal of §65.321, new §65.321, and new §65.322, concerning the Migratory Game Bird Proclamation. The repeal and new sections are necessary to implement measures being implemented by the U.S. Fish and Wildlife Service to manage the severe impact that the overpopulation of light geese are exerting on their arctic and subarctic breeding grounds, threatening the long-term health of those species. The repeal and new sections will function by establishing early closures for current migratory game bird seasons and by setting forth special shooting hours, means and methods, hunting dates, and bag limits for the take of light geese. The repeal and new rules are contingent upon final federal regulations that will not be released until mid-January of 1999; however, the department does not anticipate that final federal rules will exceed the scope of this proposal or affect any additional class of persons affected by the proposed rule.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed rules are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the proposed rules.

Mr. Macdonald also has determined that for each of the first five years the new rules as proposed are in effect, the public benefit anticipated as a result of enforcing the rules as proposed will be the department's discharge of its statutory obligation to manage the state's populations of migratory game birds, and to assist other states and the signatories to the Migratory Bird Treaty Act in conservation efforts with respect to migratory game bird resources enjoyed by the citizens of this state.

There will be no effect on small businesses. There are no additional economic costs to persons required to comply with the rules as proposed.

The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

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.

Comments on the proposed rules may be submitted to Vernon Bevill, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4578 or 1-800-792-1112.

Subchapter N. Migratory Game Bird Proclamation

31 TAC §65.321

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Parks and Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Parks and Wildlife Code, Chapter 64, Subchapter C, 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.

The repeal affects Parks and Wildlife Code, Chapter 64, Subchapter C.

§65.321. Penalties.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on November 30, 1998.

TRD-9818043

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: January 10, 1999

For further information, please call: (512) 389-4775


31 TAC §65.321, 65.322

The new rules are proposed under Parks and Wildlife Code, Chapter 64, Subchapter C, 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.

The new rules affect Parks and Wildlife Code, Chapter 64, Subchapter C.

§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)

Means and methods. In addition to the means and methods authorized in §65.310(a) of this title (relating to Means , Methods, and Special Requirements), the following means and methods are lawful during the time periods set forth in paragraph (5) of this section:

(A)

shotguns capable of holding more than three shells; and

(B)

electronic calling devices.

(2)

Possession. During the time periods set forth in paragraph (5) of this section:

(A)

there shall be no bag or possession limits; and

(B)

the provisions of §65.312 of this title (relating to Possession of Migratory Game Birds) do not apply; and

(C)

a person may give, leave, receive, or possess legally taken light geese or their parts, provided the birds are accompanied by a wildlife resource document from the person who killed the birds. The wildlife resource document is not required if the possessor lawfully killed the birds; the birds are transferred at the personal residence of the donor or donee; or the possessor also possesses a valid hunting license, a valid waterfowl stamp, and is HIP certified. The wildlife resource document shall accompany the birds until the birds reach their final destination, and must contain the following information:

(i)

the name, signature, address, and hunting license number of the person who killed the birds;

(ii)

the name of the person receiving the birds;

(iii)

the number and species of birds or parts;

(iv)

the date the birds were killed; and

(v)

the location where the birds were killed (e.g., name of ranch; area; lake, bay, or stream; county).

(3)

Shooting hours. During the time periods set forth in paragraph (5) of this section, shooting hours are from one half-hour before sunrise until one half-hour after sunset.

(4)

Early closures. At sunset on January 31, 1999, the open seasons for the following species of migratory birds are closed until further notice.

(A)

sandhill crane: in Zones B and C;

(B)

light geese: in the Eastern Zone;

(C)

ducks, coots, and mergansers (extended falconry season): statewide; and

(D)

woodcock (extended falconry season): statewide.

(5)

Special Light Goose Conservation Period.

(A)

From February 1, 1999 through April 25, 1999, the take of light geese is lawful in the Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

(B)

From February 15, 1999 through April 25, 1999, the take of light geese is lawful in the Western Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

§65.322. Penalties.

The penalty for violations of this subchapter is prescribed by Parks and Wildlife Code, §64.027.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on November 30, 1998.

TRD-9818044

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: January 10, 1999

For further information, please call: (512) 389-4775