Part II.
Texas Parks and Wildlife Department
Chapter 65.
Wildlife
The Texas Parks and Wildlife Department adopts the repeal of §65.321,
new §65.321, and new §65.322, concerning the Migratory Game Bird
Proclamation. New §65.322 is adopted with changes to the proposed text
as published in the December 11, 1998, issue of the
Texas Register
(23 TexReg 12634). The repeal of §65.321 and new
§65.321 are adopted without change and will not be republished. The change
to new §65.322 establishes a restricted area in portions of three Gulf
Coast counties to protect endangered whooping cranes from accidental hunting
mortalities.
The repeals 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 late January of 1999. Should the final federal
rules conflict with the provisions of the adopted sections, the agency will
resolve the conflict under the federal mandate provisions of the Administrative
Procedure Act, Government Code, Chapter 2001.
The department received 264 comments concerning adoption of the proposed
rules. One commenter opposed the elimination of bag limits. The department
disagrees with the comment and responds that one facet of the international
strategy to control snow goose populations is the temporary elimination of
bag limits. One commenter opposed the use of electronic calls. The department
disagrees with the comment and responds that the temporary use of electronic
devices will increase hunter success and thereby further the aims of the population-control
strategy being implemented. No changes were made as a result of the comments.
The department received 262 comments in favor of adoption of the proposed
rules.
Subchapter N. Migratory Gamebird Proclamation