Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §53.1, §53.3
The Texas Parks and Wildlife Commission adopts amendments
to §53.1 and §53.3, concerning fishing license fees and exemptions,
and saltwater stamp fees, respectively, without changes to the proposed text
as published in the April 28, 2000, issue of the
Texas Register
(25 TexReg 3695).
The amendment to §53.1 is necessary in order to enable Texas residents
age 65 or over to fish under a Texas fishing license in other states that
have entered into reciprocal agreements with Texas. The amendment to §53.3
is necessary to increase revenue for the department's commercial license buy-back
program, which aims to reduce commercial fishing pressure on shrimp, crab,
and finfish in order to manage and conserve those resources.
The amendment to §53.1 would function by allowing seniors from Louisiana
and Oklahoma to fish in Texas without a non-resident license if these two
states enter into an agreement to provide the same privilege to Texas seniors
who are 65 years of age or older. The amendment to §53.3 would function
by adding a temporary $3.00 surcharge to the saltwater sportfishing stamp
fee.
The department received no comments concerning adoption of §53.1.
The department received five comments opposing adoption of §53.3, all
stating that recreational anglers should not bear any of the costs associated
with the buy-back program. The department disagrees with the comments and
responds that a reduction in commercial effort can only benefit the recreational
fishery; therefore, recreational anglers will be contributing to the conservation
of the resource they enjoy. No changes were made as a result of the comments.
The amendments are adopted under the authority of Parks and Wildlife
Code, Chapter 41, which authorizes the commission to negotiate with other
states to provide reciprocal hunting and fishing privileges; Chapter 43, Subchapter
M, which authorizes the commission to set the fee for the saltwater sportfishing
stamp; and Chapter 46, Subchapter A, which provides the commission with authority
to waive or lower fishing license fees.
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 June 23, 2000.
TRD-200004412
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 389-4775
31 TAC §53.2
The Texas Parks and Wildlife Commission adopts an amendment
to §53.2, concerning Combination Hunting and Fishing Licenses, Packages,
and Conservation Permits, with changes to the proposed text as published in
the April 28, 2000, issue of the
Texas Register
(25 TexReg 3695). The amendment creates discounted combination (hunting and
fishing privileges) and super-combination licenses (hunting and fishing privileges,
plus stamps for turkey, white-winged dove, archery hunting, state waterfowl,
muzzleloader hunting, saltwater sportfishing, and freshwater trout) for residents
over the age of 65. The change sets the fee for a resident senior combination
license at $10, and the fee for a resident senior super combination hunting
and fishing license at $25.
The amendment is necessary to provide reduced rates for senior citizens,
who currently are able to buy discounted hunting licenses and discounted fishing
licenses, but for whom no discounted combination licenses exist.
The amendment will function by establishing a fee for combination licenses
that are available only to residents 65 years of age or older.
The department received no comments concerning adoption of the proposed
rule.
The amendment is adopted under Parks and Wildlife Code, §42.012,
which provides the commission with authority to set a lower fee or waive the
fee for a resident hunting license for a resident who is 65 years old or older;
§46.004, which provides the commission with authority to set a lower
fee or waive the fee for a resident fishing license for a resident who is
65 years old or over; and Chapter 50.001, which authorizes the commission
to establish a combination hunting and fishing license for residents.
§53.2.Combination Hunting and Fishing Licenses, Packages, and Conservation Permits.
(a)
Combination hunting and fishing licenses. The following
license fee amounts are effective for the license year beginning September
1, 2000, and thereafter:
(1)
resident combination hunting and fishing (type 100)-$32;
(2)
duplicate combination hunting and fishing (type 130)-$6.00;
(3)
lifetime resident combination hunting and fishing
(type 990)-$1,000; and
(4)
resident senior combination (type )-$10.
(b)
Combination license packages. The following license fee
amounts are effective for the license year beginning September 1, 2000, and
thereafter:
(1)
resident super combination hunting and fishing (package
includes combination hunting and fishing license plus the privileges associated
with the following stamps: turkey, white-winged dove, archery hunting, state
waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout)
(type 111)-$49;
(2)
resident senior super combination hunting and fishing
(package includes combination hunting and fishing license plus the privileges
associated with the following stamps: turkey, white-winged dove, archery hunting,
state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater
trout) (type 114)-$25; and
(3)
all purpose resident combination hunting and fishing
(package includes combination hunting and fishing license; the privileges
associated with the following stamps: turkey, white-winged dove, archery hunting,
state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater
trout; conservation permit; and annual state park entrance permit) (type 500)-$100.
(c)
Conservation permits (type 392). The fee amount effective
for the permit year beginning September 1, 1996, and thereafter is $25.
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 June 23, 2000.
TRD-200004413
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 389-4775
31 TAC §53.6
The Texas Parks and Wildlife Commission adopts an amendment
to §53.6, concerning Commercial Fishing Licenses and Tags, with changes
to the proposed text as published in the March 3, 2000, issue of the
Responsibility for establishing provisions enabling a commercial finfish
fishery license limitation program, including creation of a commercial finfish
fishing license, is delegated to the Texas Parks and Wildlife Commission by
passage of Senate Bill 1303 by the 76th Legislature.
The amendment establishes license fees, license transfer fees, and duplicate
license fees for resident and non-resident commercial finfish fisherman's
licenses.
Three persons disagreed with the cost of the new commercial finfish fisherman's
license, stating that it was too expensive. The agency disagrees with the
comments and responds that the fee is the lowest permissible fee authorized
by the legislature. No changes were made as a result of the comments.
The amendment is adopted under Parks and Wildlife Code, Chapter
47, which delegates the Texas Parks and Wildlife Commission the authority
to establish provisions enabling a commercial finfish fishery license limitation
program, including creation of commercial finfish fishing licenses.
§53.6.Commercial Fishing Licenses and Tags.
(a)
Shrimping licenses. The following license fee amounts are
effective for the license year beginning September 1, 1996, and thereafter:
(1)
Licenses:
(A)
resident commercial gulf shrimp boat (type 330)--$275;
(B)
resident commercial bay shrimp boat (type 336)--$195;
(C)
resident commercial bait-shrimp boat (type 337)--$195;
(D)
resident commercial shrimp boat captain's (type 333)--$25;
(E)
nonresident commercial gulf shrimp boat (type 430)--$1,025;
(F)
nonresident commercial bay shrimp boat (type 436)--$525;
(G)
nonresident commercial bait-shrimp boat (type 437)--$525;
and
(H)
nonresident commercial shrimp boat captain's (type 433)--$100.
(2)
License transfers:
(A)
resident commercial gulf shrimp boat license transfer (type
383)--$5.00;
(B)
resident commercial bay shrimp boat license transfer (type
366)--$195;
(C)
resident commercial bait-shrimp boat license transfer (type
367)--$195;
(D)
nonresident commercial gulf shrimp boat license transfer
(type 483)--$5.00;
(E)
nonresident commercial bay shrimp boat license transfer
(type 466)--$195; and
(F)
nonresident commercial bait-shrimp boat license transfer
(type 467)--$195.
(3)
Duplicate License plates:
(A)
resident commercial gulf shrimp boat (type 390)--$5.00;
(B)
resident commercial bay shrimp boat (type 396)--$5.00;
(C)
resident commercial bait-shrimp boat (type 397)--$5.00;
(D)
nonresident commercial gulf shrimp boat (type 490)--$5.00;
(E)
nonresident commercial bay shrimp boat (type 496)--$5.00;
and
(F)
nonresident commercial bait-shrimp boat (type 497)--$5.00.
(b)
Oystering licenses. The following license fee amounts are
effective for the license year beginning September 1, 1996, and thereafter.
(1)
Licenses:
(A)
resident commercial oyster boat (type 306)--$350;
(B)
resident sport oyster boat (type 328)--$10;
(C)
resident commercial oyster captain's (type 309)--$25;
(D)
resident commercial oyster fisherman's (type 370)--$100;
(E)
nonresident commercial oyster boat (type 406)--$1,400;
(F)
nonresident sport oyster boat (type 428)--$10;
(G)
nonresident commercial oyster boat captain's (type 409)--$100;
and
(H)
nonresident commercial oyster fisherman's (type 470)--$250.
(2)
License transfers:
(A)
resident commercial oyster boat transfer (type 386)--$5.00;
and
(B)
nonresident commercial oyster boat transfer (type 486)--$5.00.
(3)
Duplicate License plates:
(A)
resident commercial oyster boat (type 395)--$5.00; and
(B)
nonresident commercial oyster boat (type 495)--$5.00.
(c)
General, finfish, menhaden, mussel, clam, and miscellaneous
licenses.
(1)
Licenses. The following license fee amounts are effective
for the license year beginning September 1, 1996:
(A)
resident commercial fishing boat (type 304)--$15;
(B)
commercial fishing boat (menhaden only) (type 325)--$3,500;
(C)
resident general commercial fisherman's (type 372)--$20;
(D)
resident commercial mussel and clam fisherman's (type 320)--$30;
(E)
resident shell buyer's (type 324)--$100;
(F)
nonresident commercial fishing boat (type 404)--$60;
(G)
nonresident general commercial fisherman's (type 340)--$150;
(H)
nonresident commercial mussel and clam fisherman's (type
420)--$800; and
(I)
nonresident shell buyer's (type 424)--$1,500.
(2)
Licenses and permits. The following license fee
amounts are effective for the license year beginning September 1, 1997, and
thereafter:
(A)
resident commercial fishing boat (type 304)--$15;
(B)
class A menhaden boat (type 325)--$3,500;
(C)
class B menhaden boat (type 329)--$50;
(D)
resident general commercial fisherman's (type 372)--$20;
(E)
resident commercial mussel and clam fisherman's (type 320)
- $30;
(F)
resident shell buyer's (type 324)--$100;
(G)
nonresident commercial fishing boat (type 404)--$60;
(H)
nonresident general commercial fisherman's (type 340)--$150;
(I)
nonresident commercial mussel and clam fisherman's (type
420)--$800;
(J)
nonresident shell buyer's (type 424)--$1,500;
(K)
menhaden fish plant permit (type 326)--$150; and
(L)
mussel dredge fee (type 323)--$30.
(3)
License transfers. The following license transfer
fee amounts are effective for the license year beginning September 1, 1996,
and thereafter:
(A)
resident commercial fishing boat license transfer (type
384)--$5.00; and
(B)
nonresident commercial fishing boat license transfer (type
484)--$5.00.
(4)
Duplicate license plates. The following duplicate
license plate fee amounts are effective for the license year beginning September
1, 1996, and thereafter:
(A)
resident commercial fishing boat (type 394)--$5.00; and
(B)
nonresident commercial fishing boat (type 494)--$5.00.
(d)
Crabbing licenses.
(1)
Licenses and permits. The following license fee amounts
are effective for the license year beginning September 1, 1998, and thereafter:
(A)
resident commercial crab fisherman's (type 338)--$500;
and
(B)
nonresident commercial crab fisherman's (type 438)--$2,000.
(2)
License transfers. The following license transfer
fee amounts are effective for the license year beginning September 1, 1998,
and thereafter:
(A)
resident commercial crab fisherman's (type 368)--$500;
and
(B)
nonresident commercial crab fisherman's (type 468)--$2,000.
(3)
Duplicate license plates. The following duplicate
license plate fee amounts are effective for the license year beginning September
1, 1998, and thereafter:
(A)
resident commercial crab fisherman's (type 338)--$5.00;
and
(B)
nonresident commercial crab fisherman's (type 438)--$5.00.
(e)
Finfishing licenses.
(1)
Licenses and permits. The following license fee amounts
are effective for the license year beginning September 1, 2000, and thereafter:
(A)
resident commercial finfish fisherman's (type 371)--$300;
and
(B)
nonresident commercial finfish fisherman's (type 361)--$1,200.
(2)
License transfers. The following license transfer
fee amounts are effective for the license year beginning September 1, 2000,
and thereafter:
(A)
resident commercial finfish fisherman's (type 472)--$300;
and
(B)
nonresident commercial finfish fisherman's (type 482)--$1,200.
(3)
Duplicate license plates. The following duplicate
license plate fee amounts are effective for the license year beginning September
1, 2000, and thereafter:
(A)
resident commercial finfish fisherman's (type 471)--$5.00;
and
(B)
nonresident commercial finfish fisherman's (type 481)--$5.00.
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 June 23, 2000.
TRD-200004414
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATIONS
1.
GENERAL PROVISIONS
31 TAC §65.11
The Texas Parks and Wildlife Commission adopts amendments
to §§65.11, 65.42, 65.64, 65.72, and 65.78, concerning the Statewide
Hunting and Fishing Proclamation. The amendments to §65.42 and §65.72
are adopted with changes to the proposed text as published in the March 3,
2000, issue of the
Texas Register
(25 TexReg
1840). The amendments to §§65.11, 65.64, and 65.78 are adopted without
changes to the proposed text and will not be republished. The change to §65.42,
concerning Deer, restores the requirement in subsection (b)(5)(G)(iii) that
antlerless deer on National Forest lands in the affected counties be taken
by permit only, and alters subsection (c)(3) to provide for a nine-day, rather
than a 16-day, mule deer season in the counties listed in that paragraph,
and the change to §65.72, concerning Fish, alters subsection (b)(2)(C)(i)
to remove Lake Austin from special provisions applicable to largemouth bass,
and alters subsection (c)(5)(K)(iii) to clarify that all other floats on sail
lines besides the floats on either end must be yellow.
The rules in general are justified under the provisions of Parks and Wildlife
Code, Chapter 61, which requires the department to provide open seasons for
the hunting of game animals and game birds when its investigations and findings
of fact reveal that open seasons may be safely provided, and further, requires
the commission to specify the species, quantity, age or size, and sex of wildlife
resources that may be taken or possessed; the means and methods by which wildlife
resources may be taken, and the geographical locations where wildlife resources
may be taken.
Specifically, the amendment to §65.11, concerning Lawful Means, is
necessary to allow the use of lawful archery equipment and crossbows to take
Eastern turkey, which the department has determined will not lead to depletion
of the resource. The amendment to §65.42, concerning Deer, is justified
because biological data indicate that: deer populations in Bandera, Bexar,
Blanco, Burnet, Comal (west of Interstate 35), Crockett, Edwards, Gillespie,
Hays (west of Interstate 35), Kendall, Kerr, Kimble, Kinney (north of U.S.
Highway 90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard,
Real, San Saba, Schleicher, Sutton, Travis (west of Interstate 35), Uvalde
(north of U.S. Highway 90) and Val Verde (north of U.S. Highway 90; and that
portion located both south of U.S. 90 and west of Spur 239) counties are able
to sustain additional hunting pressure, both in terms of higher bag limits
and an extended season; the current antlerless harvest in Cass, Marion, and
Harrison counties (which is by permit only) is insufficient to control total
population growth, necessitating additional days of either-sex hunting; habitat
in Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton,
Orange, Polk, San Jacinto, Trinity, Tyler and Walker counties is at or near
carrying capacity, necessitating an increase in antlerless and buck harvest
to stabilize populations and improve sex ratios; a muzzleloader season in
Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton,
Orange, Polk, and Tyler counties would provide additional hunting opportunity
with a negligible effect on deer populations; and that mule deer populations
in Andrews (west of U.S. Highway 385), Bailey, Cochran, Hockley, Lamb, Terry,
and Yoakum counties would be able to withstand additional hunting pressure.
The amendment is also necessary to create an antlerless permit for use on
wildlife management areas jointly administered by the department and the U.S.
Forest Service, and to eliminate a special provision in Henderson County.
The amendment to §65.64, concerning Turkey, is necessary because the
department's findings of fact have revealed that an open season for Easter
turkey may be safely provided in the affected counties. The amendment to §65.72,
concerning Fish, is necessary because biological data indicate that: increasing
minimum length limits will increase angling quality for largemouth bass on
Lake Jacksonville, Cleburne State Park Lake, Meridian State Park Lake, Buescher
State Park Lake, and Town Lake; eliminating the length restriction on Guadalupe
and spotted bass will allow some harvest but will not lead to depletion of
the resource; a reduction in the bag limit for sharks will address concerns
about over-harvest of the resource; and increases in size limits for billfish
will be compatible with federal regulations, reduce angler confusion, and
assist enforcement efforts.
The amendment to §65.11, concerning Lawful Means, will allow the use
of lawful archery equipment and crossbows during open spring Eastern turkey
seasons. The amendment to §65.42, concerning Deer will function by: implementing
four 'doe days' in Cass, Marion, and Harrison counties; implementing 'doe
days' through the Sunday following Thanksgiving and increases the buck limit
in San Jacinto, Trinity, and Walker counties; rewording regulatory language
governing antlerless harvest in counties currently having 23-day 'doe days'
to permit either-sex harvest through the Sunday following Thanksgiving; eliminating
a special provision in Henderson County; increasing the bag limit and creating
a special late season in certain Hill Country counties; opening a muzzleloader-only
open season in 11 Pineywoods counties while closing the muzzleloader season
in those Hill Country counties where a special late season is proposed; extending
the mule deer season to nine days in counties presently having a five-day
season; and opening a nine-day mule deer season in Cochran County. The amendment
to §65.64, concerning Turkey, opens a spring Eastern turkey season in
eight additional counties in East Texas. The amendment to §65.72: eliminates
the statewide minimum length restrictions for Guadalupe and spotted bass;
increases the minimum length requirement for largemouth bass on Lakes Jacksonville,
Cleburne State Park, and Meridian State Park from 14 inches to 18 inches;
replaces the minimum length restrictions for largemouth bass on Town Lake
and Buescher State Park Lake with a 14-21 inch slot limit and allows only
one largemouth bass of greater than 21 inches to be retained; increases the
minimum length restrictions for blue marlin, white marlin, and sailfish; decreases
the bag limit and imposes a minimum length limit for sharks; establishes a
commercial season for sharks concurrent with federal seasons; and defines
marking requirements for, and establishes maximum numbers for commercial and
recreational trotlines. The amendment to 65.78, concerning Crabs and Ghost
Shrimp, defines marking requirements and establishes maximum numbers for crab
traps used by commercial finfish fishermen.
The department received 1,669 comments concerning adoption of the proposed
rules. Twenty-seven commenters opposed the proposed alteration of doe days
in Angelina, Cass, Chambers, Hardin, Harrison, Jasper, Jefferson, Liberty,
Marion, Montgomery, Newton, Orange, Polk, and Tyler counties on the basis
that the deer herd in those counties could not withstand the additional hunting
pressure. The department disagrees with the comments and responds that biological
data indicate that the present antlerless harvest (which is by permit only)
is insufficient to control total population growth. No changes were made as
a result of the comments. The department received 272 comments in favor of
the proposal.
The department received 13 comments opposed to the proposal to alter the
doe days and increase the bag limit in San Jacinto, Walker, and Trinity counties,
on the basis the deer herd in those counties could not withstand additional
hunting pressure. The department disagrees with the comments and responds
that biological data indicate that habitat in the affected counties is at
or near carrying capacity; therefore, an increase in antlerless and buck harvest
is necessary to stabilize populations and improve sex ratios. No changes were
made as a result of the comments. The department received 120 comments in
support of the proposal.
The department received 12 comments opposing the proposal to implement
a muzzleloader-only season for white-tailed deer in East Texas on the basis
that the deer herd in the affected counties would be unable withstand additional
pressure. The department disagrees with the comments and responds that biological
data from counties currently enjoying a muzzleloader season indicate that
a muzzleloader season would provide additional hunting opportunity with a
negligible effect on deer populations. No changes were made as a result of
the comments. The department received 119 comments in support of the proposal.
The department received 28 comments opposed to the proposal to include
additional habitat criteria to the requirements for wildlife management plans
and create an intermediate Managed Lands Deer permit. The department agrees,
in part, with the comments, and as a result will solicit additional public
input on the issue before taking final action. The department received 95
comments in support of the proposal.
The department received 39 comments opposed to the proposal to increase
the bag limit for white-tailed deer and implement a special late season in
certain Hill Country counties on the basis that the deer herd in the affected
counties would not be able to withstand additional hunting pressure and because
antlerless and spike deer should be removed prior to the general season. The
department disagrees with the comments and responds that the proposal would
provide additional hunting opportunity, offer landowners an increased ability
to control populations, and would not negatively impact deer populations.
The department further responds that the removal of antlerless and spike bucks
following the general season is the same thing as removing them before the
next general season. No changes were made as a result of the comments. The
department received 152 comments in favor of the proposal.
The department received 11 comments opposed to the proposal to allow all
lawful means for the take of wildlife resources in a portion of Henderson
County, on the basis that public safety would be at risk. The department disagrees
with the comments and responds that the Park and Wildlife Code does not authorize
limitations on means and methods for the purposes of public safety, and that
the existing regulation was not supported by statutory authority. No changes
were made as a result of the comments. The department received 104 comments
in support of the proposal.
The department received 17 comments opposed to opening a 16-day mule deer
season in Cochran County and lengthening the existing mule deer season to
16 days in Andrews (west of U.S. Highway 385), Bailey, Hockley, Lamb, Terry,
and Yoakum counties, on the basis that the deer herd in the affected counties
could not withstand additional hunting pressure, and that poaching would increase.
The department disagrees with the comments concerning hunting pressure and
responds that biological data indicate that mule deer populations within the
affected area would be able to withstand additional hunting pressure, especially
given that antlerless harvest would be by permit only; however, because the
intent of the amendment was simply to create hunting opportunity consistent
with mule deer seasons elsewhere in the state, the department has reduced
the season length to nine days to alleviate these concerns. With respect to
the poaching issue, the department disagrees and responds that it is not aware
of any data showing a correlation between unlawful activities and the absence
or presence of an open season. The department received 112 comments in support
of the proposal.
The department received 10 comments opposed to the proposal to open the
season for Eastern turkey in additional counties, on the basis that the birds
were not well enough established to be hunted. The department disagrees with
the comments and responds that habitat continuity and the time elapsed since
stocking operations were completed in the affected counties have created a
suitable opportunity for the implementation of an open season under the same
regulatory scheme as counties currently enjoying an open season. No changes
were made as a result of the comments. The department received 121 comments
in support of the proposal.
The department received two comments opposed to the implementation of the
archery-only season for white-tailed deer if crossbows were not allowed. The
department disagrees with the comments and responds that the inclusion of
crossbows during the archery-only season can only be accomplished by an act
of the legislature. No changes were made as a result of the comments.
The department received one comment opposing white-tailed deer bonus tags,
on the basis that only the affluent benefit from them. The department disagrees
with the comment and responds that bonus tags are available to the public
at a fee the department regards as reasonable and affordable. No changes were
made as a result of the comment.
The department received 12 comments opposed to the proposal to change the
minimum length-limit for largemouth bass on Lake Jacksonville, Cleburne State
Park Lake, and Meridian State Park Lake, on the basis of excessive regulation
and the diminution of angling quality due to personal watercraft. The department
disagrees with the comments and responds that the proposal is biologically
sound with respect to increasing the quality of angling. With respect to personal
watercraft, the department responds that it does not enjoy the statutory authority
to establish regulations governing their use. No changes were made as a result
of the comments. The department received 73 responses in favor of the proposal.
The department received 33 comments against the proposal to eliminate the
minimum length-limit on spotted and Guadalupe bass, on the basis that populations
should be protected by a minimum length-limit. The department disagrees with
the comments and responds that the presence of a bag limit is sufficient to
sustain viable populations. No changes were made as a result of the comments.
The department received 64 comments in support of the proposal.
The department received 13 comments opposing the proposal to alter the
bag and minimum-length restrictions and impose a slot limit for largemouth
bass on Town Lake, Town Lake, and Buescher State Park Lake, on the basis that
angling quality on the lakes is excellent. The department disagrees with the
comments and responds that over-harvest is a threat in those locations; however,
the proposed regulations for Town Lake will not be implemented until further
monitoring is performed. The department received 65 comments in support of
the proposal.
The department received 19 comments opposed to the proposal to implement
a one-fish bag limit on sharks. The department disagrees with the comments
and responds that overfishing of sharks continues to be a problem in the Gulf
of Mexico, and that data for Texas waters reveal a downward trend in relative
shark abundance since 1977, for all shark species combined. The proposed lower
bag limit will increase spawning success and reduce fishing mortality on sharks
while providing for economically and socially important components of the
sport fishery, such as the headboat and shore-based fisheries. No changes
were made as a result of the comments. The department received 52 comments
in support of the proposal.
The department received 19 comments opposing the proposed increase in billfish
size limits. The department disagrees with the comments and responds that
the majority of billfish caught off Texas are caught in federal waters. The
proposed size limit increases provide consistency with federal rules, increases
spawning success, enhances law enforcement, and reduces angler confusion between
federal and state rules. No changes were made as a result of the comments.
The department received 54 comments in support of the proposal.
Texas Deer Association, Texas Trophy Hunters, and Texas Sportsman Association
commented on the proposed regulations.
The amendments are adopted under the authority of Parks and Wildlife
Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act
of 1983), which provide the commission with authority to establish wildlife
resource regulations for this state.
Filed with the Office of
the Secretary of State on June 23, 2000.
TRD-200004415
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
31 TAC §65.42, §65.64
The amendments are adopted under Parks and Wildlife Code,
Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of
1983), which provides the Commission with authority to establish wildlife
resource regulations for this state.
§65.42.Deer.
(a)
Except as provided in §65.27 of this title (relating
to Antlerless and Spike-Buck Deer Control Permits) or subsection (b)(11) of
this subsection, no person may exceed the annual bag limit of five white-tailed
deer (no more than three bucks) and two mule deer (no more than one buck).
(b)
White-tailed deer. The open seasons and annual bag limits
for white-tailed deer shall be as follows.
(1)
In Brewster, Brown, Coke, Coleman, Concho, Culberson, Glasscock,
Howard, Irion, Jeff Davis, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan,
Reeves, Runnels, Sterling, Terrell, Tom Green, and Upton (that southeastern
portion located both south of U.S. Highway 67 and east of State Highway 349)
counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks.
(2)
In Bandera, Bexar, Blanco, Burnet, Comal (west
of Interstate 35), Crockett, Edwards, Gillespie, Hays (west of Interstate
35), Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason,
McCulloch, Medina (north of U.S. Highway 90), Menard, Real, San Saba, Schleicher,
Sutton, Travis (west of Interstate 35), Uvalde (north of U.S. Highway 90)
and Val Verde (north of U.S. Highway 90; and that portion located both south
of U.S. 90 and west of Spur 239) counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: five deer, no more than two bucks.
(C)
Special Late General Season. In the counties listed in
this paragraph there is a special late general season for the take of antlerless
and spike-buck deer only.
(i)
Open season: 14 consecutive days starting the first Monday
following the first Sunday in January.
(ii)
Bag limit: five antlerless or spike-buck deer in the aggregate,
no more than two of which may be spike bucks.
(3)
In Aransas, Atascosa, Bee, Calhoun, Cameron,
Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr, and Willacy counties,
there is a general open season.
(A)
Open season: second Saturday in November through the third
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks.
(C)
Special Late General Season. In the counties listed in
this paragraph there is a special late general season for the take of antlerless
and spike-buck deer only.
(i)
Open season: 14 consecutive days starting the first Monday
following the third Sunday in January.
(ii)
Bag limit:four antlerless or spike-buck deer in the aggregate,
no more than two of which may be spike bucks.
(4)
In Brooks, Dimmit, Duval, Frio, Jim Hogg,
Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Maverick,
McMullen, Medina (south of U.S. Highway 90), Uvalde (south of U.S. Highway
90), Val Verde (that southeastern portion located both south of U.S. Highway
90 and east of Spur 239), Webb, Zapata, and Zavala counties, there is a general
open season.
(A)
Open season: Second Saturday in November through the third
Sunday in January.
(B)
Bag limit: five deer, no more than three bucks.
(C)
Special Late General Season. In the counties listed in
this paragraph there is a special late general season for the take of antlerless
and spike-buck deer only.
(i)
Open season: 14 consecutive days starting the first Monday
following the third Sunday in January.
(ii)
Bag limit: five antlerless or spike-buck deer in the aggregate,
no more than three of which may be spike bucks.)
(5)
No person may take or attempt to take more
than one buck deer per license year from the counties, in the aggregate, listed
within this paragraph, except as provided in subsection (a) of this section
or authorized under the provisions of §65.26 of this title (relating
to Managed Land Deer Permits).
(A)
In Archer, Baylor, Bell (west of Interstate 35), Bosque,
Callahan, Clay, Comanche, Coryell, Eastland, Erath, Grayson, Hamilton, Hood,
Jack, Lampasas, McLennan, Montague, Palo Pinto, Parker, Shackelford, Somervell,
Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35), Wise,
and Young counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Special regulation. In Grayson County:
(I)
lawful means are restricted to lawful archery equipment
and crossbows only; and
(II)
antlerless deer shall be taken by MLD permit only, except
on the Hagerman National Wildlife Refuge.
(B)
In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59),
Harris, Jackson (south of U.S. Highway 59), Matagorda, Victoria (that portion
of the county that is south of both U.S. Highway 59 and U.S. Business Highway
59), and Wharton (south of U.S. Highway 59) counties, there is a general open
season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first 23 days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. If MLD permits have been issued, they must
be attached to all antlerless deer harvested on the tract of land. After the
first 23 days, antlerless deer may be taken only by MLD antlerless permits.
(C)
In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth,
Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall,
Hansford, Hardeman, Haskell, Hemphill, Hutchinson, Jones, Kent, King, Knox,
Lipscomb, Motley, Ochiltree, Randall, Roberts, Scurry, Stonewall, Swisher,
Wheeler, Wichita, and Wilbarger counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first 16 days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. After the first 16 days, antlerless deer
may be taken only by MLD antlerless permits.
(D)
In Cooke, Denton, Hill, Johnson, and Tarrant counties,
there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first nine days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. After the first nine days, antlerless deer
may be taken only by MLD antlerless permits.
(E)
In Anderson, Bowie, Brazos, Burleson, Camp, Cherokee, Delta,
Franklin, Freestone, Gregg, Grimes, Henderson, Hopkins, Houston, Lamar, Leon,
Limestone, Madison, Morris, Navarro, Red River, Robertson, Rusk, Smith, Titus,
Upshur, Van Zandt, and Wood counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits
or LAMPS permits.
(F)
In Dallam, Hartley, Moore, Oldham, Potter, and Sherman
Counties, there is a general open season.
(i)
Open season: Saturday before Thanksgiving for 16 consecutive
days.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(G)
In Cass, Harrison, Marion, Nacogdoches, Panola, Sabine,
San Augustine and Shelby Counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
From Thanksgiving Day through the Sunday immediately
following Thanksgiving Day, antlerless deer may be taken without antlerless
deer permits unless MLD or LAMPS permits have been issued for the tract of
land. If MLD or LAMPS permits have been issued, they must be attached to all
antlerless deer harvested on the tract of land. From the first Saturday in
November through the day before Thanksgiving Day, and from the Monday immediately
following Thanksgiving Day through the first Sunday in January, antlerless
deer may be taken only by MLD antlerless deer permits or LAMPS permits. On
National Forest, Corps of Engineers, Sabine River Authority and Trinity River
Authority lands, antlerless deer may be taken only by MLD antlerless permits.
On the Bannister and Moore Plantation Wildlife Management Areas, antlerless
deer may be taken by Wildlife Management Area antlerless permit only.
(H)
In Austin, Bastrop, Bell (east of Interstate 35), Caldwell,
Colorado, Comal (east of Interstate 35), Crane, DeWitt, Ector, Ellis, Falls,
Fannin, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays
(east of Interstate 35), Hunt, Jackson (north of U.S. Highway 59), Karnes,
Kaufman, Lavaca, Lee, Loving, Midland, Milam, Rains, Travis (east of Interstate
35), Upton (that portion located north of U.S. Highway 67; and that area located
both south of U.S. Highway 67 and west of state highway 349), Victoria (that
portion of the county that is north of both U.S. Highway 59 and U.S. Business
Highway 59), Waller, Ward, Washington, Wharton (north of U.S. Highway 59),
Williamson (east of Interstate 35), and Wilson counties, there is a general
open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(6)
In Angelina, Chambers, Hardin, Jasper, Jefferson,
Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, and
Walker counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks and no more
than two antlerless.
(C)
From opening day through the Sunday immediately following
Thanksgiving , antlerless deer may be taken without antlerless deer permits
unless MLD or LAMPS permits have been issued for the tract of land. If MLD
or LAMPS permits have been issued, they must be attached to all antlerless
deer harvested on the tract of land. From the Monday following Thanksgiving,
antlerless deer may be taken only by MLD antlerless permits or LAMPS permits.
On tracts of land for which LAMPS permits have been issued, no LAMPS permit
is required for the harvest of antlerless deer during the muzzleloader-only
open season. On Corps of Engineers, Sabine River Authority and Trinity River
Authority lands, antlerless deer may be taken only by MLD antlerless permits.
On the Sam Houston, Alabama Creek, and Moore Plantation Wildlife Management
Areas, antlerless deer may only be taken by Wildlife Management Area antlerless
permit only.
(7)
In Andrews, Bailey, Castro, Cochran, Collin,
Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth,
Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Terry, Winkler, and Yoakum
counties, there is no general open season.
(8)
Archery-only open seasons. In all counties where there
is a general open season for white-tailed deer, there is an archery-only open
season during which either sex of white-tailed deer may be taken as provided
for in §65.11(2) and (3) of this title (relating to Means and Methods).
(A)
Open season: the Saturday closest to September 30 for 30
consecutive days.
(B)
Bag limit: the bag limit in any given county is as provided
for that county during the general open season.
(9)
Muzzleloader-only open seasons, and bag and possession
limits shall be as follows.
(A)
In Brewster, Brown, Coke, Coleman, Concho, Culberson, Glasscock,
Howard, Irion, Jeff Davis, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan,
Reeves, Runnels, Sterling, Terrell, Tom Green, and Upton (that portion located
both south of U.S. Highway 67 and east of state highway 349) counties, there
is an open season during which only antlerless and spike-buck deer may be
taken only with a muzzleloader.
(i)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two spike bucks.
(B)
In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, and Tyler counties, there is an open season
during which only antlerless and spike-buck deer may be taken only with a
muzzleloader.
(i)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two spike bucks and no more than two antlerless.
(10)
Special Youth-Only Season. There shall
be a special youth-only general hunting season in all counties where there
is a general open season.
(A)
open season: the Saturday and Sunday immediately preceding
the first Saturday in November.
(B)
bag limits, provisions for the take of antlerless deer,
and special requirements:
(i)
as specified for the first two days of the general season
in the individual counties in paragraphs (1)-(6) of this subsection, except
as provided in item (ii) of this subparagraph; and
(ii)
in the counties listed in paragraph (5)(G) of this subsection,
as specified for the period of time from Thanksgiving Day through the Sunday
immediately following Thanksgiving Day.
(C)
Only licensed hunters 16 years of age or younger may hunt
during the season established by this subsection.
(11)
Bonus tag.
(A)
A person in possession of a valid bonus deer tag may take
one buck or antlerless white-tailed deer during an open white-tailed deer
season in any county, irrespective of the county bag limit, provided that
person also possesses one of the following:
(i)
an appropriate, valid MLD permit (buck or antlerless);
(ii)
a valid LAMPS permit (antlerless only); or
(iii)
an appropriate, valid Special Permit (buck or antlerless)
issued by the department for a public hunt, in which case the bonus tag is
valid only on the wildlife management area or state park specified by the
permit and only during the date and time specified on the permit.
(B)
No person may:
(i)
purchase more than five bonus tags per license year;
(ii)
use a bonus tag on more than one animal; or
(iii)
buy, sell, or otherwise exchange a bonus tag for remuneration
or considerations of any kind; however, a bonus tag may be given to another
person.
(C)
A person who kills a deer shall immediately attach a properly
executed bonus tag to the deer.
(c)
Mule deer. The open seasons and annual bag limits for mule
deer shall be as follows.
(1)
In Armstrong, Borden, Briscoe, Carson, Childress, Coke,
Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher,
Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hutchinson,
Kent, King, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts,
Scurry, Stonewall, and Swisher counties, there is a general open season.
(A)
Open season: Saturday before Thanksgiving for 16 consecutive
days.
(B)
Bag limit: two deer, no more than one buck.
(C)
Antlerless deer may be taken only by Antlerless Mule Deer
or MLD Permits.
(2)
In Brewster, Crane, Crockett, Culberson, Ector,
El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves,
Terrell, Upton, Val Verde, Ward, and Winkler counties, there is a general
open season.
(A)
Open season: last Saturday in November for 16 consecutive
days.
(B)
Bag limit: two deer, no more than one buck.
(C)
Antlerless deer may be taken only by Antlerless Mule Deer
or MLD Permits.
(3)
In Andrews (west of U.S. Highway 385), Bailey,
Cochran, Hockley, Lamb, Terry, and Yoakum counties, there is a general open
season.
(A)
Open season: Saturday before Thanksgiving for nine consecutive
days.
(B)
Bag limit: two deer, no more than one buck.
(C)
Antlerless deer may be taken only by Antlerless Mule Deer
or MLD Permits.
(4)
In all other counties, there is no general open
season for mule deer.
(5)
Archery-only open seasons and bag and possession limits
shall be as follows. During an archery-only open season, deer may be taken
only as provided for in §65.11(2) and (3) of this title (relating to
Means and Methods).
(A)
In Armstrong, Borden, Briscoe, Carson, Childress, Coke,
Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith,
Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall,
Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King,
Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio,
Randall, Reagan, Reeves, Roberts, Scurry, Stonewall, Swisher, Upton, Val Verde,
Ward, and Winkler counties, there is an open season.
(i)
Open season: from the Saturday closest to September 30
for 30 consecutive days.
(ii)
Bag limit: one buck deer.
(B)
In Brewster, Pecos, and Terrell counties, there is an open
season.
(i)
Open season: from the Saturday closest to September 30
for 30 consecutive days.
(ii)
Bag limit: two deer, no more than one buck.
(C)
In all other counties, there is no archery-only open season
for mule deer.
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 June 23, 2000.
TRD-200004416
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
31 TAC §65.72, §65.78
The amendments are adopted under Parks and Wildlife Code,
Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of
1983), which provides the Commission with authority to establish wildlife
resource regulations for this state.
§65.72.Fish.
(a)
General rules.
(1)
There are no public waters closed to the taking and retaining
of fish, except as provided in this subchapter.
(2)
Game fish may be taken only by pole and line, except
as provided in this subchapter.
(3)
It is unlawful:
(A)
to take or attempt to take, or possess fish within a protected
length limit, in greater numbers, by other means, or at any time or place,
other than as permitted under this subchapter;
(B)
while fishing on or in public waters to have in possession
fish in excess of the daily bag limit or fish within a protected length limit
as established for those waters;
(C)
to use game fish or any part thereof as bait;
(D)
to possess a finfish of any species, except broadbill swordfish,
shark or king mackerel, taken from public water that has the head or tail
removed until such person finally lands the catch on the mainland, a peninsula,
or barrier island not including jetties or piers and does not transport the
catch by boat;
(E)
to use airboats or jet-driven devices to pursue and harass
or harry fish; or
(F)
to release into the public waters of this state a fish
with a device or substance implanted or attached that is designed, constructed
or adapted to produce an audible, visual, or electronic signal used to monitor,
track, follow, or in any manner aid in the location of the released fish.
(4)
Finfish tags: Prohibited Acts.
(A)
No person may purchase or use more finfish (red drum or
tarpon) tags during a license year than the number and type authorized by
the commission, excluding duplicate tags issued under Parks and Wildlife Code,
§46.006.
(B)
It is unlawful to:
(i)
use the same finfish tag for the purpose of tagging more
than one finfish;
(ii)
use a finfish tag in the name of another person;
(iii)
use a tag on a finfish for which another tag is specifically
required;
(iv)
catch and retain a finfish required to be tagged and fail
to immediately attach and secure a tag, with the day and month of catch cut
out, to the finfish at the narrowest part of the finfish tail, just ahead
of the tail fin;
(v)
have in possession both a Red Drum Tag and a Duplicate
Red Drum Tag issued to the same license or salt water stamp holder;
(vi)
have in possession both a Red Drum Tag or a Duplicate
Red Drum Tag and a Bonus Red Drum Tag issued to the same license or salt water
stamp holder;
(vii)
have in possession both an Exempt Red Drum Tag and a
Duplicate Exempt Red Drum Tag issued to the same license holder; or
(viii)
have in possession both an Exempt Red Drum Tag or a
Duplicate Exempt Red Drum Tag and a Bonus Red Drum Tag issued to the same
holder.
(5)
Commercial fishing seasons.
(A)
The commercial seasons for finfish species listed in this
paragraph and caught in Texas waters shall run concurrently with commercial
seasons established for the same species caught in federal waters of the Exclusive
Economic Zone (EEZ).
(B)
The commercial fishing season in the EEZ will be set by
the National Marine Fisheries Service for:
(i)
red snapper under guidelines established by the Fishery
Management Plan for Reef Fish Resources for the Gulf of Mexico;
(ii)
king mackerel under guidelines established by the Fishery
Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico
and South Atlantic; and
(iii)
sharks (all species, their hybrids and subspecies) under
guidelines established by the Fishery Management Plan for Highly Migratory
Species).
(C)
When federal and/or state waters are closed, it will be
unlawful to:
(i)
purchase, barter, trade or sell finfish species listed
in this paragraph landed in this state;
(ii)
transfer at sea finfish species listed in this paragraph
caught or possessed in the waters of this state; and
(iii)
possess finfish species listed in this paragraph in excess
of the current recreational bag or possession limit in or on the waters of
this state.
(6)
In Brewster, Crane, Crockett, Culberson,
Ector, El Paso, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Terrell,
Upton, Val Verde, Ward, and Winkler counties, the only fishes that may be
used or possessed for bait while fishing are common carp, fathead minnows,
gizzard and threadfin shad, sunfish (Lepomis), goldfish, golden shiners, Mexican
tetra, Rio Grande cichlid, and silversides (Atherinidae family).
(b)
Bag, possession, and length limits.
(1)
The possession limit does not apply to fish in the possession
of or stored by a person who has an invoice or sales ticket showing the name
and address of the seller, number of fish by species, date of the sale, and
other information required on a sales ticket or invoice.
(2)
There are no bag, possession, or length limits on
game or non-game fish, except as provided in these rules.
(A)
Possession limits are twice the daily bag limit on game
and non-game fish except as provided in these rules.
(B)
Statewide daily bag and length limits shall be as follows:
Figure 1: 31 TAC §65.72(b)(2)(B)
(C)
Exceptions to statewide daily bag, possession, and length
limits shall be as follows:
(i)
The following is a figure:
Figure 2: 31 TAC §65.72(b)(2)(C)(i)
(ii)
Bag and possession limits for black drum and sheepshead
do not apply to the holder of a valid Commercial Finfish Fisherman's License.
(c)
Devices, means and methods.
(1)
In fresh water only, it is unlawful to fish with more than
100 hooks on all devices combined.
(2)
In community fishing lakes and in sections of rivers
lying totally within the boundaries of state parks, game and non-game fish
may be taken by pole and line only.
(3)
It is unlawful to take, attempt to take, or possess
fish caught in public waters of this state by any device, means, or method
other than as authorized in this subsection.
(4)
In salt water only, it is unlawful to fish with any
device that is marked with a buoy made of a plastic bottle(s) of any color
or size.
(5)
Device restrictions.
(A)
Cast net. It is unlawful to use a cast net exceeding 14
feet in diameter.
(i)
Only non-game fish may be taken with a cast net.
(ii)
In salt water, non-game fish may be taken for bait purposes
only.
(B)
Dip net.
(i)
It is unlawful to use a dip net except:
(I)
to aid in the landing of fish caught on other legal devices;
and
(II)
to take non-game fish.
(ii)
In salt water, non-game fish may be taken for bait purposes
only.
(C)
Gaff.
(i)
It is unlawful to use a gaff except to aid in landing fish
caught by other legal devices, means or methods.
(ii)
Fish landed with a gaff may not be below the minimum,
above the maximum, or within a protected length limit.
(D)
Gig. Only non-game fish may be taken with a gig.
(E)
Jugline. For use in fresh water only. Non-game fish, channel
catfish, blue catfish and flathead catfish may be taken with a jugline. It
is unlawful to use a jugline:
(i)
with invalid gear tags. Gear tags must be attached within
six inches of the free-floating device, are valid for 30 days after the date
set out, and must include the number of the permit to sell non-game fish taken
from freshwater, if applicable;
(ii)
for commercial purposes that is not marked with an orange
free-floating device;
(iii)
for non-commercial purposes that is not marked with a
white free-floating device;
(iv)
in Lake Bastrop in Bastrop County, Bellwood Lake in Smith
County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County,
Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County,
and Tankersley Reservoir in Titus County.
(F)
Lawful archery equipment. Only non-game fish may be taken
with lawful archery equipment or crossbow.
(G)
Minnow trap. For use in fresh water only.
(i)
Only non-game fish may be taken with a minnow trap.
(ii)
It is unlawful to use a minnow trap that exceeds 24 inches
in length or with a throat larger than one by three inches.
(H)
Perch traps. For use in salt water only.
(i)
Perch traps may be used only for taking non-game fish.
(ii)
Perch traps may not exceed 18 cubic feet.
(iii)
Perch traps must be marked with floating visible orange
buoy not less than six inches in height and six inches in width. The buoy
must have a gear tag attached. Gear tags are valid for 30 days after date
set out.
(I)
Pole and line.
(i)
Game and non-game fish may be taken by pole and line. It
is unlawful to take or attempt to take fish with one or more hooks attached
to a line or artificial lure used in a manner to foul-hook a fish (snagging
or jerking). A fish is foul-hooked when caught by a hook in an area other
than the fish's mouth.
(ii)
Game and nongame fish may be taken by pole and line. It
is unlawful to take fish with a hand-operated device held underwater except
that a spear gun and spear may be used to take nongame fish.
(iii)
Game and non-game fish may be taken by pole and line,
except that in the Guadalupe River in Comal County from the second bridge
crossing on River Road upstream to the easternmost bridge crossing on F.M.
Road 306, rainbow and brown trout may not be retained when taken by any method
except artificial lures. Artificial lures cannot contain or have attached
either whole or portions, living or dead, of organisms such as fish, crayfish,
insects (grubs, larvae, or adults), or worms, or any other animal or vegetable
material, or synthetic scented materials. This does not prohibit the use of
artificial lures that contain components of hair or feathers. It is an offense
to possess rainbow and brown trout while fishing with any other device in
that part of the Guadalupe River defined in this paragraph.
(J)
Purse seine (net).
(i)
Purse seines may be used only for taking menhaden, only
from that portion of the Gulf of Mexico within the jurisdiction of this state
extending from one-half mile offshore to nine nautical miles offshore, and
only during the period of time beginning the third Monday in April through
the first day in November each year.
(ii)
Purse seines used for taking menhaden may not be used
within one mile of any jetty or pass.
(iii)
The purse seine, not including the bag, shall not be
less than three-fourths inch square mesh.
(K)
Sail line. For use in salt water only.
(i)
Non-game fish, red drum, spotted seatrout, and sharks may
be taken with a sail line.
(ii)
Line length shall not exceed 1,800 feet from the reel
to the sail.
(iii)
The sail and most shoreward float must be a highly visible
orange or red color. All other floats must be yellow.
(iv)
No float on the line may be more than 200 feet from the
sail.
(v)
A weight of not less than one ounce shall be attached to
the line not less than four feet or more than six feet shoreward of the last
shoreward float.
(vi)
Reflectors of not less than two square inches shall be
affixed to the sail and floats and shall be visible from all directions for
sail lines operated from 30 minutes after sunset to 30 minutes before sunrise.
(vii)
There is no hook spacing requirement for sail lines.
(viii)
No more than one sail line may be used per fisherman.
(ix)
Sail lines may not be used by the holder of a commercial
fishing license.
(x)
Sail lines must be attended at all times the line is fishing.
(xi)
Sail lines may not have more than 30 hooks and no hook
may be placed more than 200 feet from the sail.
(L)
Seine.
(i)
Only non-game fish may be taken with a seine.
(ii)
It is unlawful to use a seine:
(I)
which is not manually operated.
(II)
with mesh exceeding 1/2-inch square.
(III)
that exceeds 20 feet in length.
(iii)
In salt water, non-game fish may be taken by seine for
bait purposes only.
(M)
Shad trawl. For use in fresh water only.
(i)
Only non-game fish may be taken with a shad trawl.
(ii)
It is unlawful to use a shad trawl longer than six feet
or with a mouth larger than 36 inches in diameter.
(iii)
A shad trawl may be equipped with a funnel or throat
and must be towed by boat or by hand.
(N)
Spear. Only non-game fish may be taken with a spear.
(O)
Spear gun. Only non-game fish may be taken with spear gun.
(P)
Throwline. For use in fresh water only.
(i)
Non-game fish, channel catfish, blue catfish and flathead
catfish may be taken with a throwline.
(ii)
It is unlawful to use a throwline in Lake Bastrop in Bastrop
County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne
City Park Lake in Kendall County, Dixieland Reservoir in Cameron County, Gibbons
Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.
(Q)
Trotline.
(i)
Non-game fish, channel catfish, blue catfish, and flathead
catfish may be taken by trotline.
(ii)
It is unlawful to use a trotline:
(I)
with a mainline length exceeding 600 feet;
(II)
with invalid gear tags. Gear tags must be attached within
three feet of the first hook at each end of the trotline and are valid for
30 days after date set out, except on saltwater trotlines, a gear tag is not
required to be dated;
(III)
with hook interval less than three horizontal feet;
(IV)
with metallic stakes; or
(V)
with the main fishing line and attached hooks and stagings
above the water's surface.
(iii)
In fresh water, it is unlawful to use a trotline:
(I)
with more than 50 hooks;
(II)
in Gibbons Creek Reservoir in Grimes County, Lake Bastrop
in Bastrop County, Fayette County Reservoir in Fayette County, Pinkston Reservoir
in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County,
Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County,
and Tankersley Reservoir in Titus County.
(iv)
In salt water:
(I)
it is unlawful to use a trotline:
(-a-)
in or on the waters of the Gulf of Mexico within the
jurisdiction of this state;
(-b-)
from which red drum, sharks or spotted seatrout
caught on the trotline are retained or possessed;
(-c-)
placed closer than 50 feet from any other trotline,
or set within 200 feet of the edge of the Intracoastal Waterway or its tributary
channels. No trotline may be fished with the main fishing line and attached
hooks and stagings above the water's surface;
(-d-)
baited with other than natural bait, except sail
lines;
(-e-)
with hooks other than circle-type hook with point
curved in and having a gap (distance from point to shank) of no more than
one-half inch, and with the diameter of the circle not less than five-eighths
inch. Sail lines are excluded from the restrictions imposed by this clause;
or
(-f-)
in Aransas County in Little Bay and the water area
of Aransas Bay within one-half mile of a line from Hail Point on the Lamar
Peninsula, then direct to the eastern end of Goose Island, then along the
southern shore of Goose Island, then along the causeway between Lamar Peninsula
and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula
past the town of Fulton, past Nine-Mile Point, past the town of Rockport to
a point at the east end of Talley Island, including that part of Copano Bay
within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.
(II)
No trotline or trotline components, including lines and
hooks, but excluding poles, may be left in or on coastal waters between the
hours of 1 p.m. on Friday through 1:00 p.m. on Sunday of each week, except
that attended sail lines are excluded from the restrictions imposed by this
clause. Under the authority of the Texas Parks and Wildlife Code, §66.206(b),
in the event small craft advisories or higher marine weather advisories issued
by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines
may remain in the water until 6:00 p.m. on Friday. If small craft advisories
are in place at 1:00 p.m. on Friday, trotlines may remain in the water until
Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday,
trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories
are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m.
on Saturday. When small craft advisories or higher marine weather advisories
are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water
through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish
or any other aquatic life from trotlines during the period that trotline removal
requirements are suspended under this provision for adverse weather conditions.
For purposes of enforcement, the geographic area customarily covered by marine
weather advisories will be delineated by department policy.
(III)
It is unlawful to fish for commercial purposes with:
(-a-)
more than 20 trotlines at one time;
(-b-)
any trotline that is not marked with yellow flagging
attached to stakes or with a floating yellow buoy not less than six inches
in height, six inches in length, and six inches in width attached to end fixtures;
(-c-)
any trotline that is not marked with yellow flagging
attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's
license plate number in letters of a contrasting color at least two inches
high attached to end fixtures;
(-d-)
any trotline that is marked with yellow flagging
or with a buoy bearing a commercial finfish fisherman's license plate number
other than the commercial finfish fisherman's license plate number displayed
on the finfish fishing boat;
(IV)
It is unlawful to fish for non-commercial purposes with:
(-a-)
more than 1 trotline at any time; or
(-b-)
any trotline that is not marked with a floating
yellow buoy not less than six inches in height, six inches in length, and
six inches in width, bearing a two-inch wide stripe of contrasting color,
attached to end fixtures.
(R)
Umbrella net.
(i)
Only non-game fish may be taken with an umbrella net.
(ii)
It is unlawful to use an umbrella net with the area within
the frame exceeding 16 square feet.
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 June 23, 2000.
TRD-200004417
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
31 TAC §§65.191, 65.193, 65.199
The Texas Parks and Wildlife Commission adopts amendments
to §§65.191, 65.193, and 65.199, concerning the Public Lands Proclamation.
Section 65.193 is adopted with changes to proposed text as published in the
March 3, 2000, issue of the
Texas Register
(25 TexReg 1848). Sections 65.191 and 65.199 are adopted without changes to
the proposed text and will not be republished. The change to §65.193,
concerning Access Permit Required and Fees, removes the proposed requirement
for persons hunting certain game animals on U.S. Forest Service lands to possess
an annual public hunting permit.
The amendment to §65.191, concerning Definitions, lowers the minimum
age requirement for persons supervising youths engaged in hunting activities
and updates a statutory reference concerning the definition of disability,
and is necessary to provide greater opportunity for young hunters and to keep
regulatory references current. The amendment to §65.193 is necessary
to, respectively: simplify and streamline regulations; maximize public access
to public resources; and prevent persons from having to pay fees for activities
in which they are not engaged. The amendment to §65.199 is necessary
to properly manage the harvest of deer on certain department-administered
properties and to protect public property.
The amendment to §65.191, concerning Definitions, lowers the minimum
age requirement for persons supervising youths engaged in hunting activities
and cites the correct reference in statute for the defintion of disabled persons.
The amendment to §65.193, concerning Access Permit Required and Fees:
creates a uniform requirement for possession of an Annual Public Hunting permit
to enter department lands for the purpose of hunting; authorizes certain permit
holders to access public waters from public hunting lands and fish from riverbanks
on public lands; waives regular permit fees for hunting and fishing activities
on public lands for holders of an Annual Public Hunting permit; and waives
regular permit fees for holders of certain annual permits who do not engage
in hunting or fishing. The amendment to §65.199, concerning General Rules
of Conduct, requires a department-issued Antlerless Deer permit for the harvest
of antlerless deer on Wildlife Management Areas jointly administered by the
department and the U.S. Forest Service, and prohibits the disturbance or removal
of wood, sand, soil, gravel, or shell from public hunting lands without the
consent of the department.
The department received one comment concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, Chapter
81, Subchapter E, which provides the Parks and Wildlife Commission with authority
to establish an open season on wildlife management areas and public hunting
lands and authorizes the executive director to regulate numbers, means, methods,
and conditions for taking wildlife resources on wildlife management areas
and public hunting lands; Chapter 12, Subchapter A, which provides that a
tract of land purchased primarily for a purpose authorized by the code may
be used for any authorized function of the department if the commission determines
that multiple use is the best utilization of the land's resources; Chapter
62, Subchapter D, which provides authority, as sound biological management
practices warrant, to prescribe seasons, number, size, kind, and sex and the
means and method of taking any wildlife; and §42.0177, which authorizes
the commission to modify or eliminate the tagging requirements of Chapter
42.
§65.193.Access Permit Required and Fees.
(a)
It is an offense for a person without a valid access permit
to enter public hunting lands, except:
(1)
on areas or for activities where no permit is required;
(2)
persons who are authorized by, and acting in an official
capacity for the department or the landowners of public hunting lands;
(3)
persons participating in educational programs, management
demonstrations, or other scheduled activities sponsored or sanctioned by the
department with written approval;
(4)
persons owning or leasing land within the boundaries
of public hunting lands, while traveling directly to or from their property;
(5)
for a non-hunting or non-fishing adult who is assisting
a permitted disabled person;
(6)
for a non-hunting adult who is supervising a permitted
minor in a youth-only hunt; or
(7)
for minors under the supervision of an authorized
supervising adult possessing an APH permit or a LPU permit.
(b)
A Texas Conservation Passport (Gold or Silver) provides
group access to designated public hunting lands at times when non-consumptive
use is authorized under the Texas Conservation Passport Program. The Texas
Conservation Passport is not required to hunt or fish, nor does it authorize
the taking of wildlife resources or provide access to public hunting lands
at times when an APH permit, LPU permit, regular permit, or special permit
is required.
(c)
Annual Public Hunting (APH) Permit and Limited Public Use
(LPU) Permit.
(1)
Except as provided in paragraphs (2)-(4) of this subsection,
it is an offense for a person 17 years of age or older to enter public hunting
lands or take or attempt to take wildlife resources on public hunting lands
at times when an APH permit is required without possessing an APH permit or
to fail to display the APH permit, upon request, to a department employee
or other official authorized to enforce regulations on public hunting lands.
The fee for the APH permit is $40.
(2)
A person possessing a LPU permit may enter public
hunting lands at times that access is allowed under the APH permit, but is
not authorized to hunt or fish, except as provided in paragraph (3) of this
subsection. The fee for the LPU permit is $10.
(3)
Persons possessing an APH permit, a LPU permit, or
Texas Conservation Passport (Gold or Silver) may use public hunting lands
to access adjacent public waters, and may fish in adjacent public waters from
riverbanks on public hunting lands. The APH permit is required of each person
17 years of age or older who enters the Alabama Creek, Bannister, Caddo, Moore
Plantation, or Sam Houston National Forest WMAs and possesses a centerfire
or muzzleloading rifle or handgun, a shotgun with shot larger than #4 lead,
or lawful archery equipment or crossbow with broadhead hunting point; however,
a person 17 years of age or older may enter these units with other legal devices
for hunting as defined in this subchapter and take specified legal wildlife
resources provided the person possesses a LPU permit.
(4)
The permits required under paragraphs (1) - (3) of
this subsection are not required for:
(A)
persons who enter on United States Forest Service lands
designated as a public hunting area (Alabama Creek, Bannister, Caddo, Moore
Plantation, and Sam Houston National Forest WMAs) or any portion of Units
902 and 903 for any purpose other than hunting;
(B)
persons who enter on U.S. Army Corps of Engineers lands
(Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and
White Oak Creek WMAs) designated as public hunting lands for purposes other
than hunting or equestrian use;
(C)
persons who enter Caddo Lake State Park and Wildlife Management
Area and do not hunt or enter upon the land;
(D)
persons who enter and hunt waterfowl within the Bayside
Marsh Unit of Matagorda Island State Park and Wildlife Management Area;
(E)
persons who enter the Bryan Beach Unit of Peach Point Wildlife
Management Area and do not hunt; or
(F)
persons who enter Zone C of the Guadalupe River Unit of
the Guadalupe Delta Wildlife Management Area and do not hunt or fish..
(5)
The permit required by paragraphs (1)-(3) of
this subsection is not valid unless the signature of the holder appears on
the permit.
(6)
A person, by signature of the permit and by payment
of a permit fee required by paragraphs (1)-(3) of this subsection waives all
liability towards the landowner (licensor) and Texas Parks and Wildlife Department
(licensee).
(d)
Regular Permit--A regular permit is issued on a first come-first
served basis at the hunt area on the day of the scheduled hunt with the department
reserving the right to limit the number of regular permits to be issued.
(e)
Special Permit--A special permit is issued to an applicant
selected in a drawing.
(f)
Permits for hunting wildlife resources on public hunting
lands shall be issued by the department to applicants by means of a fair method
of distribution subject to limitations on the maximum number of permits to
be issued.
(g)
The department may implement a system of issuing special
permits that gives preference to those applicants who have applied previously
but were not selected to receive a permit.
(h)
Application fees.
(1)
The department may charge a non-refundable fee which may
be required to accompany and validate an individual's application in a drawing
for a special hunting permit.
(2)
The application fee for each person 17 years of age
or older listed on an application for a special hunting permit may not exceed
$25 per legal species and, unless otherwise established by the commission,
shall be in the amount of:
(A)
$2.00 in the general drawings; and
(B)
$10 for special package hunts.
(3)
The application fee for a special hunting permit
is waived for a person under 17 years of age; however, the minor must apply
in conjunction with an authorized supervising adult to whom an application
fee is assessed, except as provided in paragraphs (4) and (5) of this subsection.
(4)
The application fee for a special permit is waived
for an adult who is making application to serve as a non-hunting authorized
supervising adult for a minor in a youth-only drawn hunt category.
(5)
Persons under 17 years of age may be disqualified
from applying for special package hunts or may be assessed the application
fee.
(6)
The application fee for a special permit is waived
for on-site applications made under standby procedures at the time of a hunt.
(7)
In the event an application for a special permit is
determined to be invalid, then:
(A)
the application card and related application fees will
be returned to the applicant for correction and resubmission, provided the
error is detected prior to the time that the application information is processed;
or
(B)
the error will result in disqualification of the applicant(s),
and the application fees will be retained by the department.
(i)
Legal animals to be taken by special or regular permit
shall be stipulated on the permit.
(j)
The fees for special and regular permits for hunting deer,
exotic mammal, pronghorn antelope, javelina, turkey, coyote, and alligator
are:
(1)
standard period--$50;
(2)
extended period--$100;
(3)
squirrel, game birds (other than turkey), rabbits
and hares--$10;
(4)
special package hunts, desert bighorn sheep--no charge.
(k)
Only one special or regular permit fee will be assessed
in the event of concurrent hunts for multiple species, and the fee for the
legal species having the most expensive permit will prevail.
(l)
Any applicable special or regular permit fees will be waived
for minors under the supervision of a duly permitted authorized supervising
adult.
(m)
Any applicable regular permit fees for hunting or fishing
activities will be waived for persons possessing an APH permit.
(n)
Any applicable regular permit fees for authorized activities
other than hunting or fishing will be waived for persons possessing an APH
permit, a LPU permit, or Texas Conservation Passport (Gold or Silver).
(o)
Except for the Texas Conservation Passport, all access
permits apply only to the individual to whom the permit is issued, and neither
the permit nor the rights granted thereunder are transferrable to another
person.
(p)
It is an offense if a person fails to obey the conditions
of a permit issued under this subchapter.
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 June 23, 2000.
TRD-200004418
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 13, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
Chapter 357.
REGIONAL WATER PLANNING GUIDELINES
Chapter 65.
WILDLIFE
2.
OPEN SEASONS AND BAG LIMITS - HUNTING PROVISIONS
3.
OPEN SEASON AND BAG LIMITS - FISHING PROVISIONS
Subchapter H. PUBLIC LANDS PROCLAMATION
Part 10.
TEXAS WATER DEVELOPMENT BOARD