TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

Chapter 65. WILDLIFE

Subchapter N. MIGRATORY GAME BIRD PROCLAMATION

31 TAC §65.321

The Texas Parks and Wildlife Department adopts, on an emergency basis, an amendment to §65.321, concerning Special Management Provisions. The emergency action is necessary for the state to respond to federal regulations authorizing a conservation season for light geese, which have overpopulated their arctic and sub-arctic breeding grounds. The emergency action will implement special management provisions for the take of light geese.

The section is adopted on an emergency basis because the department has determined that the conservation season is necessary to properly manage light geese, and because federal action to authorize the season took place at such a late date that the timeline for the ordinary rulemaking process would substantially diminish the biological effectiveness of the season.

The amendment is adopted on an emergency basis 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, including emergency regulations in cases where conditions affecting the supply or condition of migratory game birds exist.

§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)

Early closures.

(A)

At sunset on January 23, 2000 [ 31, 1999 ], the open seasons for the following species of migratory birds are closed until further notice.

(i)

[ (A) ] sandhill crane: in Zones B and C; and

(ii)

[ (B) ] light geese and Canada geese: in the Eastern Zone . [ ; ]

[(C)

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

[(D)

woodcock (extended falconry season): statewide]

(B)

At sunset on February 4, 2000, the open seasons for the following species of migratory birds are closed until further notice.

(i)

sandhill crane: in Zone A; and

(ii)

light geese and dark geese: in the Western Zone.

(5)

Special Light Goose Conservation Period.

(A)

From January 24, 2000 [ February 1, 1999 ] through April 2, 2000 [ 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 5, 2000 [ 15, 1999 ] through April 2, 2000 [ 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).

(C)

Special Regulation: In Refugio, Calhoun, and Aransas counties it is unlawful to hunt light geese after March 10, 2000 on the seaward side of a line beginning at the Gulf of Mexico at Port O'Connor (including Pelican Island), thence northwest along State Highway 185, thence southwest along State Highway 35 to Aransas Pass, thence southeast along State Highway 361 to Port Aransas, thence east along the Corpus Christi Channel, thence southeast along the Aransas Channel to the Gulf of Mexico, except that it is lawful to hunt light geese from March 11, 2000 through April 2, 2000 on Guadalupe Delta Wildlife Management Area.

Filed with the Office of the Secretary of State, on January 10, 2000.

TRD-200000141

Gene McCarty

Chief of Staff

Texas Parks and Wildlife

Effective date: January 10, 2000

Expiration date: May 9, 2000

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