Part 1.
GENERAL LAND OFFICE
Chapter 15.
COASTAL AREA PLANNING
Subchapter A. MANAGEMENT OF THE BEACH/DUNE SYSTEM
31 TAC §15.11
The Texas General Land Office proposes an amendment to §15.11,
certification of local government dune protection and beach access plans.
The amendment is proposed to certify as consistent with state law the dune
protection and beach access plan of the Village of Surfside Beach, adopted
as Ordinance No. 2000-18 (Plan). The amendment also makes minor grammatical
changes by deleting several obsolete and unnecessary conjunctions.
Pursuant to the Open Beaches Act (Texas Natural Resources Code, Chapter
61), the Dune Protection Act (Texas Natural Resources Code, Chapter 63), and
the Beach/Dune Rules (31 TAC §§15.1 through 15.11), a local government
with jurisdiction over public beaches fronting the Gulf of Mexico must submit
a plan to the Texas General Land Office. The General Land Office is required
to review such plans and certify by rule those plans, which are consistent
with the Open Beaches Act, the Dune Protection Act, and the Beach/Dune Rules.
The Village of Surfside Beach (Village) received a conditional certification
of its plan (adopted December 3, 1993) with the requirement that it modify
its plan to comply with state law. On December 12, 2000, the city council
of the Village adopted as Ordinance No. 2000-18, the Dune Protection and Beach
Access Plan of the Village of Surfside Beach. The Village modified its plan
in response to comments from the General Land Office and in accordance with
state law.
Ms. Ashley K. Wadick, Deputy Commissioner for the Resource Management Program
Area, has determined that for the first five-year period that the amendment
is in effect there will be no fiscal implications for state government. There
will be fiscal implications for the local government of the Village due to
the change in the beach user fee scheme in the plan. The new plan eliminates
the $3.00 day-use vehicle permit and maintains only an annual permit with
a cost of $8.00 each. It is estimated that the Village will experience an
increase in revenue from beach user fees of approximately $13,000.00 for each
year of the first five-year period that the amendment is in effect.
Ms. Wadick has also determined that for each year of the first five years
the amended rule is in effect, the public benefit anticipated as a result
of enforcing the amended section will be that the approved plan provides for
preservation and enhancement of public beach use and increases the availability
of resources dedicated to beach- related services and facilities. In addition,
the portions of the revised plan pertaining to dune protection permits and
beachfront construction certificates are better organized and easier for the
members of the public who own beachfront property to understand.
There are no additional economic costs of compliance for small or large
businesses. Individuals required to comply with the section as amended will
experience an increased cost of $5.00 per vehicle due to the change in the
beach user fee. Individuals who previously obtained a single day vehicle permit
are now required to purchase an annual vehicle permit.
The Land Office has determined that the proposed rule change will have
no local employment impact that requires an impact statement pursuant to the
Government Code, §2001.022.
The proposed amendment to certify the Village's Plan is subject to the
Texas Coastal Management Program (CMP), 31 TAC §505.11(a)(1)(J), relating
to the Actions and Rules Subject to the Coastal Management Plan, and must
be consistent with the applicable CMP goals and policies under §501.14(k),
relating to Construction in the Beach/Dune System. The Land Office has reviewed
this proposed action for consistency with the CMP goals and policies in accordance
with the regulations of the Coastal Coordination Council (Council). The proposed
action is consistent with Land Office beach/dune regulations that the Council
has determined to be consistent with the CMP. Consequently, the Land Office
has determined that the proposed action is consistent with the applicable
CMP goals and policies.
The Land Office has prepared a takings impact assessment for the proposed
amendment pursuant to Texas Government Code, §2007.043(b) and §2.18
of the Attorney General's Private Real Property Rights Preservation Act Guidelines
and has determined that adoption of this amendment will not result in a taking
of private property. To receive a copy of the takings impact assessment, please
send a written request to Ms. Melinda Tracy,
Texas
Register
Liaison, Texas General Land Office, P. O. Box 12783, Austin,
TX 78711-2873, facsimile number (512) 463-6311.
Comments on the proposal may be submitted to Ms. Melinda Tracy,
Texas Register
Liaison, Texas General Land Office, P. O. Box 12783,
Austin, TX 78711-2873, facsimile number (512) 463-6311. Comments must be received
no later than, 5.00pm, 30 days after the date of publication.
The amendment is proposed under the Texas Natural Resources Code, §§61.011,
61.015(b), and 61.022(c) which provide the Land Office with the authority
to adopt rules to preserve and enhance the public's right to use and have
access to and from the public beaches of Texas; and Texas Natural Resources
Code, §63.121 which provides the Land Office with authority to adopt
rules for the identification and protection of critical dune areas.
Texas Natural Resources Code, §§61.011, 61.015(b), 61.022(c),
and 63.121 are affected by the proposed amendment.
§15.11.Certification of Local Government Dune Protection and Beach Access Plans.
(a)
Certification of local government plans. The following
local governments have submitted plans to the General Land Office which are
certified as consistent with state law:
(1)
Brazoria County (adopted August 9, 1993, amended September
27, 1993);
(2)
Chambers County (adopted August 9, 1993);
(3)
City of Port Aransas (adopted February 15, 1995);
(4)
City of Port Arthur (adopted April 12, 1993);
(5)
Jefferson County (adopted August 16, 1993, amended March
7, 1994);
(6)
Matagorda County (adopted February 13, 1995). The General
Land Office certifies that the Beach User Fees section of the Matagorda County
plan adopted by the Matagorda County Commission Court on March 15, 1999, is
consistent with state law.
(7)
Town of Quintana (adopted August 11, 1993); [
(8)
Village of Jamaica Beach (adopted August 16, 1993, amended
December 6, 1993);
(9)
Town of South Padre Island (adopted October 5, 1994);
(10)
City of Corpus Christi (adopted August 10, 1993); [
(11)
Cameron County:
(A)
Plan (adopted September 20, 1994). The 440-foot building
line established in the Cameron County plan, Section III.I, shall not be operative
unless it is landward of the line of vegetation. The line of vegetation shall
be established as required in the Open Beaches Act, Texas Natural Resources
Code, §61.017.
(B)
Padre Shore Ltd. Final Master Plan Amendment (adopted November
5, 1996).
(12)
Nueces County
Village of Surfside Beach (adopted
December 12, 2000).
(A)
Plan (adopted March 25, 1992, amended October 23, 1996).
(B)
La Concha master plan. The General Land Office certifies
that the dune protection portion of the La Concha master plan adopted by the
Nueces County commissioners court on March 20, 1996, is consistent with state
law.
(C)
Palms at Waters Edge master plan: The General Land Office
certifies that the dune protection portion of the Palms at Waters Edge master
plan adopted by the Nueces County commissioners court on December 27, 1996,
is consistent with state law.
(D)
Mustang Island Episcopal Conference Center master plan.
The General Land Office certifies that the dune protection section of the
Mustang Island Episcopal Conference Center master plan adopted by the Nueces
County Commissioners Court on January 31, 2000, is consistent with state law.
(b)
Conditional certification of local government plans. The
following local governments have submitted plans to the General Land Office
which are conditionally certified as consistent with state law.
(1)
City of Galveston (adopted August 12, 1993, amended February
9, 1995, and amended June 19, 1997.).
(A)
This certification is valid for 180 days, during which
time the City of Galveston will modify its plan consistent with the General
Land Office comments submitted to the City of Galveston (October 14, 1993).
(B)
This certification includes a variance from §§15.4(c)(8),
15.5(b)(3), and 15.6(f)(3) of this title, (relating to Dune Protection Standards,
Beachfront Construction Standards, and Concurrent Dune Protection and Beachfront
Construction Standards). The City of Galveston's plan:
(i)
provides that paving or altering the ground below the lowest
habitable floor is prohibited in the area between the line of vegetation and
25 feet landward of the north toe of the dune;
(ii)
provides that paving used under the habitable structure
and for a driveway connecting the habitable structure and the street is limited
to the use of unreinforced fibercrete in 4 feet by 4 feet sections, which
shall be a maximum of four inches thick with sections separated by expansion
joists, or pervious materials approved by the City Department of Planning
and Transportation, in that area 25 feet landward of the north toe of the
dune to 200 feet landward of the line of vegetation;
(iii)
assesses a "Fibercrete Maintenance Fee" of $200.00 to
be used to pay for the clean-up of fibercrete from the public beaches, should
the need arise; and
(iv)
allows the use of reinforced concrete in that area landward
of 200 feet from the line of vegetation.
(2)
Galveston County (adopted August 16, 1993). This certification
is valid for 180 days, during which time Galveston County will modify its
plan consistent with the General Land Office comments submitted to Galveston
County (October 18, 1993).
[
Village of Surfside Beach.
This certification is valid for 180 days, during which time the Village of
Surfside Beach will modify its plan consistent with the General Land Office
comments submitted to the Village of Surfside Beach (December 3, 1993). ]
(c)
Implementation of conditionally certified plans. Local
governments are required to implement conditionally certified plans consistent
with the Texas Natural Resources Code, Chapters 61 and 63, and the General
Land Office rules for management of the beach/dune system, §§15.1-15.10
of this title (relating to Management of the Beach/Dune System).
(d)
Removal of conditions of certification.
(1)
Local governments shall submit their modified plans on
or before the expiration of the 180-day time period. The General Land Office
shall provide to the pertinent local government a determination as to the
sufficiency of the modification(s) within 60 days of receipt of the plan.
The General Land Office will remove all conditions of the plan's certification
by amending this subsection. Such amendments will list the name of the pertinent
local government in subsection (a) of this section, and delete the same from
subsection (b) of this section. If the General Land Office determines that
modifications of plans are insufficient, the General Land Office shall provide
specific exceptions to the modifications. If those portions of the plan to
which the General Land Office has noted exceptions can be addressed through
further comment, plan revision and review, conditional certification will
be reissued pursuant to a General Land Office amendment to this subsection,
subject to further plan modification.
(2)
In the event that a local government chooses not to modify
its plan as requested in the General Land Office comments, the local government
shall provide in writing the scientific or legal justification as to why such
modifications are not feasible. The justification shall be submitted to the
General Land Office on or before the due date of the revised plan. The justification
will be reviewed by the General Land Office, and a determination as to the
sufficiency of the justification will be provided to the local government
within 60 days of receipt by the General Land Office. Local government plans
shall continue in effect under conditional certification until the sufficiency
of the justification is resolved or this section is amended.
(e)
Withdrawal of conditional certification. Conditional certification
of a local government plan shall be withdrawn by the General Land Office after
the 180-day time period if the pertinent local government does not submit
to the General Land Office either a formally adopted plan which has been modified
consistent with General Land Office comments or the written scientific or
legal justification as to why such modification is not feasible. In any event,
withdrawal of conditional certification shall only occur after the General
Land Office adopts an amendment to this subsection withdrawing conditional
certification, with accompanying specific reasons, and the General Land Office
has given the pertinent local government written notice of the withdrawal
of the conditional certification.
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 February 12, 2001.
TRD-200100877
Larry Soward
Chief Clerk
General Land Office
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 305-9129
Chapter 65.
WILDLIFE
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
The Texas Parks and Wildlife Department proposes the repeal of §§65.29-65.32,
amendments to §§65.3, 65.10, 65.11, 65.24, 65.26, 65.27, 65.42,
65.44, 65.62, 65.64, 65.72, 65.78, and new 65.7 and 65.29-65.33, concerning
the Statewide Hunting and Fishing Proclamation. The repeals are necessary
to reconstitute current §65.42(b)(11) as new §65.29, which would
cause current §§65.29-65.32 to be redesignated without change as
new §§65.30-65.33. The amendment to 65.3, concerning Definitions,
adds a new definition for 'final processing.' The current statutory definition
of the term applies only to deer, antelope, and turkey, but not to other species
of game animals and game birds, and the amendment is necessary for the department
to ensure that provisions governing daily bag and possession limits can be
enforced. New §65.7, concerning Harvest Log for Deer, creates requirements
for hunters to record certain information on the hunting license, which will
be necessary if the department adopts a new and simplified license format
for the next license year. The amendment to §65.10, concerning Possession
of Wildlife Resources, liberalizes the proof-of-sex requirement for turkey,
clarifies the requirements for pheasant, and nonsubstantively restructures
the section's contents for clarity's sake. The amendment to §65.11, concerning
Lawful Means, clarifies an ambiguity in paragraph (2) that gives the impression
that lawful archery equipment may not be used during a muzzleloader-only open
season, when, in fact, the only restriction is that lawful archery equipment
can't be used to hunt deer during the muzzleloader season. The amendment is
necessary to eliminate possible confusion for hunters. The amendment to §65.24,
concerning Permits, adds new paragraph (2) to create an offense for cases
in which a landowner or authorized agent allows a harvest quota for MLD properties
to be exceeded. The amendment is necessary because there have been situations
in which hunters have been allowed to take deer on MLD properties after the
annual quota has already been reached. The amendment to §65.26, concerning
Managed Lands Deer Permits, would require landowners or authorized agents
to maintain a receipt log to verify that MLD permits have been given to hunters.
The amendment is necessary to provide conclusive evidence in that MLD permits
were or were not issued. The amendment to §65.27, concerning Antlerless
and Spike-Buck Deer Control Permits, would allow such permits to be used during
any open season for deer. The amendment is necessary to allow landowners and
land managers greater flexibility in controlling deer overpopulation. The
amendment to §65.42, concerning Deer consists of several actions. The
amendment would expand the statewide youth-only season to include the four
weekends prior to the first Saturday in November and the three weekends following
the second Sunday in January. This is necessary to execute commission policy
to provide greater opportunity to youth and to encourage mentoring. The department
notes that the final rule may encompass all seven weekends as proposed, or
a lesser number. The amendment would also allow other governmental entities
to require permits for the harvest of antlerless deer on certain federal and
state lands in 11 East Texas counties, which is necessary to ensure a controlled
harvest. Further, the amendment would adds three counties to the LAMPS program,
which is necessary to provide landowners and land managers with an additional
option when other permit programs are unfeasible or inappropriate. Also included
in the amendment would be the partitioning of the bloc of current 'one--buck'
counties. The current regulations allow a hunter to take one buck from those
counties in the aggregate. The department proposes to create two 'one-buck'
zones and allow hunters to harvest a buck in each. Additionally, the amendment
would increase the bag limit for antlerless deer and institute a 14-day antlerless
and spike-buck season in 14 counties on the northern Edwards Plateau (which
would also necessitate the elimination of the muzzleloader-only season in
those counties), increase the bag limit for buck deer in 12 South Texas counties,
and add one week to the front end of the season in 28 South Texas counties,
which advances the commission policy of maximizing hunter opportunity whenever
such actions are biologically justifiable and do not result in depletion or
waste. Lastly, the amendment adjusts a roadway boundary in Victoria County
in order to reduce hunter confusion. The amendment to §65.44, concerning
Javelina, creates an open season in Archer County. The amendment is necessary
to advance commission policy to maximize hunter opportunity. The amendment
to §65.62, concerning Quail, alters the opening day to make it occur
one week earlier than the opening day for white-tailed deer. The amendment
is necessary to stagger the opening days for deer and quail to enable persons
to participate in both. The amendment to §65.64, concerning Turkey, would
open a spring season for Eastern wild turkey in five additional counties,
add seven additional weekends to the youth-only season, and open the fall
season in 28 South Texas counties on the first Saturday in November rather
than the second Saturday in November. The amendment is necessary to implement
commission policy to maximize hunter opportunity, to foster youth participation
and mentoring activities in the hunting sports, and to establish turkey season
to run concurrently with the proposed white-tailed deer season in 28 South
Texas counties. The amendment to §65.72, concerning Fish, would alter
a number of regulations. The proposal would alter largemouth bass regulations
on Lake O.H. Ivie to modify minimum-length restrictions to allow two largemouth
bass of greater than 18 inches to be retained per day, which is necessary
to improve fishing quality by reducing the number of bass in the 14-18 inch
range. The amendment also would modify regulations for largemouth bass on
Lake Sweetwater to implement a slot-limit, which is necessary to reduce mortalities
of fish within the slot limit in order to improve fishing quality. Additionally,
the amendment would modify regulations for largemouth bass on Pinkston Reservoir
to implement a new slot limit, to allow the retention of only one largemouth
bass of greater than 21 inches per day, and to prohibit the use of trotlines,
juglines, and throwlines on Lakes Coffee Mill and Davy Crockett, which is
necessary to increase fishing quality and to create gear requirements consistent
with federal regulations, as the affected impoundments are part of the Caddo
National Grasslands. Further, the amendment would alter smallmouth bass regulations
on seven lakes to replace the 18-inch minimum length limit/3-fish daily bag
limit with a 14-inch minimum length limit/5-fish daily bag limit, which is
necessary to simplify regulations. Finally, the amendment would increase the
bag and possession limits for Spanish mackerel, which is necessary in order
to be consistent with regulations in federal waters. The amendment to §65.78,
concerning Crabs and Ghost Shrimp, would specify that crab trap float markers
be white, which is necessary to clearly delineate crab traps from other devices.
Robert Macdonald, Wildlife Division regulations coordinator, has determined
that for each of the first five years that the proposed amendments are in
effect, there will be no additional fiscal implications to state or local
governments as a result of enforcing or administering the proposed amendments.
Mr. Macdonald also has determined that for each of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the rules as proposed will be the dispensation of the
agency's statutory duty to protect and conserve the wildlife resources of
this state, the duty to equitably distribute opportunity for the enjoyment
of those resources among the citizens, and the execution of the commission's
policy to maximize recreational opportunity within the precepts of sound biological
management practices.
There will be no additional economic costs to small businesses, microbusinesses
or 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 significantly impact local
economies.
The department has determined that there will not be a taking of private
property, as defined by Government Code, Chapter 2007, as a result of the
proposed rules.
Comments on the proposed rules may be submitted to Robert Macdonald (Wildlife
(512) 389-4775), Ken Kurzawski (Inland Fisheries 389-4591), Paul Hammerschmidt
(Coastal Fisheries 389-4650), David Sinclair (Wildlife Enforcement 389-4854),
or Larry Young (Fisheries Enforcement 389-4628), Texas Parks and Wildlife
Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or
1-800-792-1112.
The proposal will satisfy the provisions of Government Code, §2001.039,
and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature,
Regular Session.
1.
GENERAL PROVISIONS
31 TAC §§65.3, 65.7, 65.10, 65.11, 65.24, 65.26, 65.27, 65.29 - 65.33
The amendments and new sections are proposed 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.
The proposed amendments and new sections affect Parks and Wildlife Code,
Chapter 61.
§65.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. All
other words and terms in this chapter shall have the meanings assigned in
the Texas Parks and Wildlife Code.
(1)
Agent--A person authorized by a landowner to act on behalf
of the landowner. For the purposes of this chapter, the use of the term "landowner"
also includes the landowner's agent.
(2)
Annual bag limit--The quantity of a species of a wildlife
resource that may be taken from September 1 of one year to August 31 of the
following year.
(3)
Antlerless deer--A deer having no hardened antler protruding
through the skin.
(4)
Artificial lure--Any lure (including flies) with hook or
hooks attached that is man-made and is used as a bait while fishing.
(5)
Bait--Something used to lure any wildlife resource.
(6)
Baited area--Any area where minerals, vegetative material
or any other food substances are placed so as to lure a wildlife resource
to, on, or over that area.
(7)
Bearded hen--A female turkey possessing a clearly visible
beard protruding through the feathers of the breast.
(8)
Buck deer--A deer having a hardened antler protruding through
the skin.
(9)
Cast net--A net which can be hand-thrown over an area.
(10)
Coastal waters boundary--All public waters east and south
of the following boundary are considered coastal waters: Beginning at the
International Toll Bridge in Brownsville, thence northward along U.S. Highway
77 to the junction of Paredes Lines Road (F.M. Road 1847) in Brownsville,
thence northward along F.M. Road 1847 to the junction of F.M. Road 106 east
of Rio Hondo, thence westward along F.M. Road 106 to the junction of F.M.
Road 508 in Rio Hondo, thence northward along F.M. Road 508 to the junction
of F.M. Road 1420, thence northward along F.M. Road 1420 to the junction of
State Highway 186 east of Raymondville, thence westward along State Highway
186 to the junction of U.S. Highway 77 near Raymondville, thence northward
along U.S. Highway 77 to the junction of the Aransas River south of Woodsboro,
thence eastward along the south shore of the Aransas River to the junction
of the Aransas River Road at the Bonnie View boat ramp; thence northward along
the Aransas River Road to the junction of F.M. Road 629; thence northward
along F.M. Road 629 to the junction of F.M. Road 136; thence eastward along
F.M. Road 136 to the junction of F.M. Road 2678; then northward along F.M.
Road 2678 to the junction of F.M. Road 774 in Refugio, thence eastward along
F.M. Road 774 to the junction of State Highway 35 south of Tivoli, thence
northward along State Highway 35 to the junction of State Highway 185 between
Bloomington and Seadrift, thence northwestward along State Highway 185 to
the junction of F.M. Road 616 in Bloomington, thence northeastward along F.M.
Road 616 to the junction of State Highway 35 east of Blessing, thence southward
along State Highway 35 to the junction of F.M. Road 521 north of Palacios,
thence northeastward along F.M. Road 521 to the junction of State Highway
36 south of Brazoria, thence southward along State Highway 36 to the junction
of F.M. Road 2004, thence northward along F.M. Road 2004 to the junction of
Interstate Highway 45 between Dickinson and La Marque, thence northwestward
along Interstate Highway 45 to the junction of Interstate Highway 610 in Houston,
thence east and northward along Interstate Highway 610 to the junction of
Interstate Highway 10 in Houston, thence eastward along Interstate Highway
10 to the junction of State Highway 73 in Winnie, thence eastward along State
Highway 73 to the junction of U.S. Highway 287 in Port Arthur, thence northwestward
along U.S. Highway 287 to the junction of Interstate Highway 10 in Beaumont,
thence eastward along Interstate Highway 10 to the Louisiana State Line. The
waters of Spindletop Bayou inland from the concrete dam at Russels Landing
on Spindletop Bayou in Jefferson County; public waters north of the dam on
Lake Anahuac in Chambers County; the waters of Taylor Bayou and Big Hill Bayou
inland from the saltwater locks on Taylor Bayou in Jefferson County; Lakeview
City Park Lake, West Guth Park Pond, and Waldron Park Pond in Nueces County;
Galveston County Reservoir and Galveston State Park ponds #1-7 in Galveston
County; Lake Burke-Crenshaw and Lake Nassau in Harris County; Fort Brown Resaca,
Resaca de la Guerra, Resaca de la Palma, Resaca de los Cuates, Resaca de los
Fresnos, Resaca Rancho Viejo, and Town Resaca in Cameron County; and Little
Chocolate Bayou Park Ponds #1 and #2 in Calhoun County are not considered
coastal waters for purposes of this subchapter.
(11)
Community fishing lake--All public impoundments 75 acres
or smaller located totally within an incorporated city limits or a public
park, and all impoundments of any size lying totally within the boundaries
of a state park.
(12)
Crab line--A baited line with no hook attached.
(13)
Daily bag limit--The quantity of a species of a wildlife
resource that may be lawfully taken in one day.
(14)
Day--A 24-hour period of time that begins at midnight
and ends at midnight.
(15)
Dip net--A mesh bag suspended from a frame attached to
a handle.
(16)
Fish--
(A)
Game fish--Blue catfish, blue marlin, broadbill swordfish,
brown trout, channel catfish, cobia, crappie (black and white), flathead catfish,
Guadalupe bass, king mackerel, largemouth bass, longbill spearfish, pickerel,
red drum, rainbow trout, sailfish, sauger, sharks, smallmouth bass, snook,
Spanish mackerel, spotted bass, spotted seatrout, striped bass, tarpon, wahoo,
walleye, white bass, white marlin, yellow bass, and hybrids or subspecies
of the species listed in this subparagraph.
(B)
Non-game fish--All species not listed as game fish, except
endangered and threatened fish, which are defined and regulated under separate
proclamations.
(17)
Final processing--the cleaning
of a dead wildlife resource for cooking or storage purposes.
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§65.7.Harvest Log for Deer.
(a)
Immediately after killing a white-tailed deer, the person
who killed the white-tailed deer shall complete the harvest log on the back
of the hunting license, in ink, for each white-tailed deer killed.
(b)
Completion of the harvest log is not required for deer
taken under the provisions of §65.27 of this title (relating to Antlerless
and Spike-Buck Deer Control Permits) and/or provisions of §65.29 of this
title (relating to Bonus Tags).
§65.10.Possession of Wildlife Resources.
(a)
For all wildlife resources taken for personal consumption
and for which there is a possession limit, the possession limit shall not
apply after the wildlife resource has reached the possessor's permanent residence
and is finally processed.
(b)
Proof of sex must remain with certain wildlife resources
until the wildlife resource reaches either the possessor's permanent residence
or a cold storage/processing facility and is finally processed
. Proof
of sex is
[
(1)
turkey (in a county where the bag composition is restricted
to gobblers and bearded hens):
(A)
male turkey:
(i)
one leg, including the spur, attached to the
bird; or
(ii)
the bird, accompanied by a patch of breast
feathers with beard attached.
(B)
female turkey taken during the fall season:
the bird, accompanied by a patch of breast feathers with beard attached.
[
(2)
deer:
(A)
buck: the unskinned head, with antlers still attached;
(B)
antlerless: the unskinned head;
(3)
antelope: the unskinned head; and
(4)
pheasant: one foot
with spur attached
or the
entire plumage attached to the bird.
(c)
In lieu of proof of sex, the person who killed the wildlife
resource may obtain a receipt from a taxidermist or a signed statement from
the landowner, containing the following information:
(1)
the name of person who killed the wildlife resource;
(2)
the date the wildlife resource was killed;
(3)
one of the following, as applicable:
(A)
whether the deer was antlered or antlerless;
(B)
the sex of the antelope;
(C)
the sex of the turkey and whether a beard was attached;
or
(D)
the sex of the pheasant.
(d)
A person may give, leave, receive, or possess any species
of legally taken wildlife resource, or a part of the resource, that is required
to have a tag or permit attached or is protected by a bag or possession limit,
if the wildlife resource is accompanied by a wildlife resource document from
the person who killed or caught the wildlife resource.
(1)
For deer, turkey, or antelope, a properly executed
wildlife resource document shall accompany the wildlife resource until it
reaches either the possessor's permanent residence or a cold storage/processing
facility and is finally processed.
(2)
For all other wildlife resources, a properly
executed wildlife resource document shall accompany the wildlife resource
until it reaches the possessor's permanent residence and is finally processed.
(3)
The
wildlife resource
document must
contain the following information:
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(e)
It is a defense to prosecution if the person receiving
the wildlife resource does not exceed any possession limit or possess a wildlife
resource or a part of a wildlife resource that is required to be tagged if
the wildlife resource or part of the wildlife resource is tagged.
§65.11.Lawful Means.
It is unlawful to hunt any of the wildlife resources of this state
except by the means authorized by this section and as provided in §65.19
of this title (relating to Hunting Deer with Dogs).
(1)
Firearms.
(A)
It is lawful to hunt game animals and game birds with any
legal firearm, including muzzleloading weapons, except as specifically restricted
in this section.
(B)
Special muzzleloader-only deer seasons are restricted to
muzzleloading firearms only.
(C)
It is unlawful to use rimfire ammunition to hunt deer,
antelope, or desert bighorn sheep.
(D)
It is unlawful to hunt game animals or game birds with
a fully automatic firearm or any firearm equipped with a silencer or sound-suppressing
device.
(2)
Archery.
(A)
A person may hunt by means of lawful archery equipment
during any open season
; however, no person shall hunt deer by lawful
archery equipment or crossbow during
[
(B)
Arrows that are treated with poisons or drugs, or that
contain explosives are not lawful devices for hunting any species of wildlife
resource in this state.
(C)
While hunting turkey and all game animals other than squirrels
by means of longbow, compound bow, or recurved bow:
(i)
the bow must have a minimum peak draw weight of 40 pounds
at the time of hunting; and
(ii)
the arrow must be equipped with a broadhead hunting point
at least 7/8-inch in width upon impact, with a minimum of two cutting edges.
A mechanical broadhead must begin to open upon impact and when open must be
a minimum of 7/8-inch in width.
(D)
It is unlawful to hunt deer or turkey with a broadhead
hunting point while in possession of a firearm during an archery-only season.
(E)
Special archery-only seasons are restricted to lawful archery
equipment only, except as provided in paragraph (3) of this section.
(3)
Crossbow. Crossbows are lawful during any general open
season. A person having an upper-limb disability may use a crossbow to hunt
deer and turkey during an archery-only season, provided the person has in
their immediate possession a physician's statement certifying the extent of
the disability. When hunting turkey and all game animals other than squirrels
by means of crossbow:
(A)
the crossbow must have a minimum of 125 pounds of pull;
(B)
the crossbow must have a mechanical safety;
(C)
the crossbow stock must be not less than 25 inches in length;
and
(D)
the bolt must conform with paragraphs (2)(B) and (2)(C)(ii)
of this section.
(4)
Falconry. It is lawful to hunt any game bird or game animal
by means of falconry under the provisions of Subchapter K of this chapter
(relating to Raptor Proclamation).
(5)
Special Provision. Except as provided in this paragraph,
no motorized conveyance of any type shall be used to locate, herd, harass,
or hunt desert bighorn sheep. Any person who qualifies for handicapped parking
privileges under Transportation Code, Chapter 681 may possess a loaded firearm
in or on a motor vehicle while hunting desert bighorn sheep and may hunt desert
bighorn sheep from a motor vehicle, provided the motor vehicle is not in motion
and the engine is not running.
§65.24.Permits.
(a)
Permits shall be issued only to the landowner.
[
No person may hunt white-tailed
deer, mule deer, desert bighorn sheep, or antelope when permits are required
unless that person has received from the landowner and has in possession a
valid permit issued by the department. ]
(b)
[
(1)
for any person
:
(A)
hunt the affected wildlife
resource unless that person has received from the landowner and has in possession
a valid permit issued by the department;
(B)
use a permit more than once;
(C)
[
(D)
[
(E)
[
(2)
for a landowner or landowner's
agent to exceed the harvest quota specified by a wildlife management plan
under the provisions of §65.26 of this title (relating to Managed Lands
Deer Permits), or to authorize any person to hunt without providing the person
with the appropriate permit .
(c)
[
§65.26.Managed Lands Deer (MLD) Permits.
(a)
MLD permits may be issued only to a landowner who has a
current WMP in accordance with §65.25 of this title (relating to Wildlife
Management Plan.
(b)
An applicant may request the issuance of any type of MLD
listed in this section.
(1)
Level 1. Level 1 MLD permits authorize only the take of
antlerless white-tailed or antlerless mule deer. A Level 1 MLD permit is valid
during any open season in the county for which it is issued, and the bag limit
for antlerless deer in that county applies.
(2)
Level 2.
(A)
Level 2 MLD permits authorize the take of buck and antlerless
white-tailed deer as specified by the permit. A Level 2 MLD:
(i)
antlerless permit is valid from the Saturday closest to
September 30 through the last Sunday in January and during any open season
on the property for which it is issued;
(ii)
buck permit is valid from the opening day of the general
open season in the county for which it is issued through the last Sunday in
January and during any open season on the property for which it is issued.
(B)
On all tracts of land for which Level 2 MLD permits have
been issued:
(i)
the bag limit shall be five deer, no more than three bucks,
regardless of the county bag limit; and
(ii)
the provisions of
§65.42(b)(9)
[
(C)
By acceptance of Level 2 MLD permits a landowner agrees
to accomplish at least two habitat management recommendations contained in
the WMP within three years of permit issuance, and agrees to maintain the
habitat management practices for as long as Level 2 permits are accepted thereafter.
A landowner who fails to accomplish at least two habitat management recommendations
of the WMP within three years is not eligible for Level 2 permits the following
year, but is eligible for Level 1 MLD permits or may choose to cease accepting
MLD permits.
(3)
Level 3. Level 3 MLD permits authorize the take of buck
and antlerless white-tailed deer as specified by the permit. A Level 3 MLD
permit is valid from the Saturday nearest September 30 through the last Sunday
in January and during any open season on the property for which it is issued.
On all tracts of land for which Level 3 MLD permits have been issued:
(A)
the bag limit shall be five deer, no more than three bucks,
regardless of the county bag limit; and
(B)
the provisions of §65.42(b)(7) of this title (relating
to Archery-Only Open Season), §65.42(b)(8) of this title (relating to
Muzzleloader-Only Open Season), and the stamp requirements of Parks and Wildlife
Code, Chapter 43, Subchapters I and Q, do not apply.
(C)
By acceptance of Level 3 MLD permits a landowner agrees
to accomplish at least four habitat management recommendations contained in
the WMP within three years of permit issuance, and agrees to maintain the
habitat management practices for as long as Level 3 permits are accepted thereafter.
A landowner who fails to accomplish at least four habitat management recommendations
of the WMP within three years is not eligible for Level 3 permits the following
year, but may be eligible for other levels of MLD permits or may choose to
cease accepting MLD permits.
(c)
The number of MLD permits distributed to a hunter shall
be at the discretion of the landowner.
The department shall issue an
MLD Receipt Log to each landowner receiving MLD permits. The landowner shall
complete an entry in the receipt log for each MLD permit distributed and each
person receiving an MLD permit shall sign the receipt log. The landowner shall
make the receipt log available to any department employee acting within the
scope of official duties upon request.
(d)
Except for deer taken under an Antlerless and Spike-Buck
Control Permit, all deer harvested by MLD permit must immediately be tagged
with the appropriate MLD permit and either an appropriate tag from the hunting
license of the person who killed the deer or a valid bonus tag.
(e)
If a landowner in possession of MLD permits does not wish
to abide by the harvest quota or habitat management practices specified by
the WMP, the landowner must return all MLD permits to the department by the
Saturday closest to September 30.
(f)
In the event that unforeseeable developments such as floods,
droughts, or other natural disasters make the attainment of recommended habitat
management practices impractical or impossible, the department may, on a case-by-case
basis, waive the requirements of this section.
(g)
The department reserves the right to deny further issuance
of MLD permits to a landowner who exceeds the harvest quota specified by the
WMP or who does not otherwise abide by the WMP. A property for which the department
denies further permit issuance under this subsection is ineligible to receive
MLD permits for a period of three years from the date of denial.
(h)
Administratively complete applications received by the
department before August 15 of each year shall be approved or denied by October
1 of the same year.
§65.27.Antlerless and Spike-Buck Deer Control Permits (control permits).
Control permits shall be issued only to control overpopulation of
white-tailed deer and may be issued only to a landowner who has a current
WMP issued in accordance with §65.25 of this title (relating to Wildlife
Management Plan) that specifies a harvest quota of more than 20 antlerless
deer. The WMP for permits issued under this section must be signed by a Wildlife
Division biologist classified CS VI or higher.
(1)
Control permits shall be issued only after the landowner
has provided the names, addresses and hunting license numbers of all persons
who will be hunting under the authority of the permits. The maximum number
of designated hunters allowed on one application for control permits shall
not exceed one-tenth the number of deer recommended for harvest by the WMP.
Additional designated hunters may not be added after permits have been issued.
(2)
Control permits shall not be issued solely as a means to
manipulate the sex ratio of a deer herd.
(3)
No WMP shall authorize the take of more than 300 deer per
designated hunter.
(4)
Control permits shall be valid
from the Saturday closest
to September 30 through the last day of any open white-tailed deer season
in the county for which the permits were issued
[
(5)
Deer harvested under the authority of control permits shall
not be part of a hunter's annual bag limit.
(6)
A report form provided by the department shall be submitted
to the department by the landowner not later than February 14 following the
use of the permits. The report must specify the sex and date of kill for each
deer harvested under a control permit.
§65.29.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:
(1)
an appropriate, valid MLD permit (buck or antlerless);
(2)
a valid LAMPS permit (antlerless only); or
(3)
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:
(1)
purchase more than five bonus tags per license year;
(2)
use a bonus tag on more than one animal; or
(3)
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.
§65.30.Pronghorn Antelope Permits.
The department shall designate the number of pronghorn antelope to
be harvested from a given tract of land, and shall issue permits to the landowner.
§65.31.Desert Bighorn Sheep Permits.
(a)
No person may hunt desert bighorn sheep without first attending
an orientation conducted by the department during the year for which the permit
is issued.
(b)
Any person hunting desert bighorn sheep shall notify the
department between 14 and 21 days prior to the date of the hunt to arrange
for the tagging required by subsection (c) of this section.
(c)
Any person taking a desert bighorn sheep shall, within
72 hours of taking the sheep, ensure that the sheep is permanently tagged
in one horn by a lawful representative of the department.
§65.32.Antlerless Mule Deer Permits.
(a)
At the request of a landowner, the department may, based
on evaluations of habitat and population, issue antlerless mule deer hunting
permits for a specific tract of land.
(b)
No antlerless mule deer hunting permit is required for
mule deer killed during an archery-only open season in a county for which
the bag limit during an archery-only season is designated as either sex.
§65.33.Mandatory Check Stations.
(a)
The department may establish check stations in any county
of the state for the purpose of collecting biologic information on wildlife
resources taken in that county.
(b)
The entire wildlife resource, with head and hide/plumage
attached, except that internal and sexual organs may be removed (field-dressed),
of any designated wildlife resource taken in a county in which mandatory check
stations have been established must be presented:
(1)
to a designated check station agent within 24 hours of
take; and
(2)
by the person or representative of the person who killed
the wildlife resource.
(c)
Check stations shall be under the direction of an agent
designated by the department. Agents shall:
(1)
register each wildlife resource presented at a check station;
(2)
issue a special possession tag, provided by the department,
for each wildlife resource presented at a check station;
(3)
maintain records as prescribed in the record book supplied
by the department; and
(4)
allow inspection of all check station records upon request
of the department during normal working hours.
(d)
A person who fails or refuses to comply with this section
commits an offense and is in violation of this subchapter.
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 February 12, 2001.
TRD-200100886
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 389-4775
31 TAC §§65.29 - 65.32
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections 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 repeals are proposed 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.
The proposed repeals affect Parks and Wildlife Code, Chapter 61.
§65.29.Pronghorn Antelope Permits.
§65.30.Desert Bighorn Sheep Permits.
§65.31.Antlerless Mule Deer Permits.
§65.32.Mandatory Check Stations.
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 February 12, 2001.
TRD-200100885
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 389-4775
31 TAC §§65.42, 65.44, 65.62, 65.64
The amendments are proposed 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.
The proposed amendments affect Parks and Wildlife Code, Chapter 61.
§65.42.Deer.
(a)
Except as provided in §65.27 of this title (relating
to Antlerless and Spike-Buck Deer Control Permits) or
§65.29 of
this title (relating to Bonus Tags)
[
(b)
White-tailed deer. The open seasons and annual bag limits
for white-tailed deer shall be as follows.
(1)
In Brewster, [
(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,
Brown,
Burnet,
Coke, Coleman,
Comal (west of Interstate 35),
Concho,
Crockett,
Edwards, Gillespie,
Glasscock,
Hays (west of Interstate 35),
Howard, Irion,
Kendall, Kerr, Kimble, Kinney (north of U.S. Highway
90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard,
Mills, Mitchell, Nolan,
Real,
Reagan, Runnels,
San Saba,
Schleicher,
Sterling,
Sutton,
Tom Green,
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:
the first
[
(B)
Bag limit:
five
[
(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
[
(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:
the first
[
(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
(and/or portions of 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, [
(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.
[
Special regulation. In Grayson
County:]
[
lawful means are restricted to lawful archery
equipment and crossbows only; and]
[
antlerless deer shall be taken by MLD permit
only, except on the Hagerman National Wildlife Refuge.]
[
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.]
[
Open season: first Saturday in November through
the first Sunday in January.]
[
Bag limit: three deer, no more than one buck
and no more than two antlerless.]
[
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.]
(B)
[
(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.
[
In Cooke, Denton, Hill, Johnson,
and Tarrant counties, there is a general open season.]
[
Open season: first Saturday in November through
the first Sunday in January.]
[
Bag limit: three deer, no more than one buck
and no more than two antlerless.]
[
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.]
[
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.]
[
Open season: first Saturday in November through
the first Sunday in January.]
[
Bag limit: three deer, no more than one buck
and no more than two antlerless.]
[
Antlerless deer may be taken only by MLD
antlerless permits or LAMPS permits.]
(C)
[
(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.
[
In Cass, Harrison, Marion,
Nacogdoches, Panola, Sabine, San Augustine and Shelby Counties, there is a
general open season.]
[
Open season: first Saturday in November through
the first Sunday in January.]
[
Bag limit: three deer, no more than one buck
and no more than two antlerless.
[
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.]
[
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.]
[
Open season: first Saturday in November through
the first Sunday in January.]
[
Bag limit: three deer, no more than one buck
and no more than two antlerless.]
[
Antlerless deer may be taken only by MLD
antlerless permits.]
(6)
No person may take or attempt
to take more than one buck deer per license year from the counties( and/or
portions of 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 Grayson, McLennan, and Williamson (west of
IH 35) 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 U.S. 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 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.
(D)
In Anderson, Bowie, Brazos, Burleson, Camp,
Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, Grimes, Henderson, Hopkins,
Houston, Hunt, Lamar, Leon, Limestone, Madison, Morris, Navarro, Rains, 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.
(E)
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, except on National Forest, Corps of Engineers, Sabine River Authority,
and Trinity River Authority lands. 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.
(F)
In Austin, Bastrop, Bell (east of Interstate
35), Caldwell, Colorado, Comal (east of Interstate 35), Crane, DeWitt, Ector,
Ellis, Falls, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe,
Hays (east of Interstate 35), Jackson (north of U.S. Highway 59), Karnes,
Kaufman, Lavaca, Lee, Loving, Midland, Milam, 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 U.S. 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.
(7)
[
(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
, except
on National Forest, Corps of Engineers, Sabine River Authority, and Trinity
River Authority lands
. 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
archery-only or
muzzleloader-only open season.
[
(8)
[
(9)
[
(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.
(10)
[
(A)
In Brewster, [
(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.
(11)
[
(A)
early open season: each Saturday
and Sunday between the Saturday closest to September 30 and the first Saturday
in November.
(i)
Bag limits, provisions for the take of antlerless
deer, and special requirements in the individual counties listed in paragraphs
(1)-(7) of this subsection shall be as specified for the first two days of
the general open season in those counties, except as provided in item (ii)
of this subparagraph.
(ii)
Provisions for the take of antlerless deer
in the individual counties listed in paragraph (6)(E) of this subsection shall
be as specified in those counties for the period of time from Thanksgiving
Day through the Sunday immediately following Thanksgiving Day.
(B)
late antlerless-only open season:
the first three weekends (Saturday and Sunday) following the second Sunday
in January, during which only antlerless deer may be taken. In any given county,
the bag limit shall be as specified for antlerless deer in that county by
paragraphs (1)-(6) of this subsection.
(C)
Only licensed hunters 16 years
of age or younger may hunt deer by means of firearms during the seasons established
by subparagraph (A) of this paragraph; all other deer hunting shall be by
means of lawful archery equipment and crossbows only.
(D)
Licensed hunters 16 years of
age or younger may hunt deer by means of firearms during the seasons established
by subparagraph (B) of this paragraph; all other deer hunting shall be by
means of muzzleloader only.
(E)
The stamp requirements of Parks and Wildlife
Code, Chapter 43, Subchapters I and Q, do not apply during the seasons established
by this paragraph.
[
[
open season: the Saturday
and Sunday immediately preceding the first Saturday in November.]
[
bag limits, provisions for
the take of antlerless deer, and special requirements:]
[
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]
[
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.]
[
Only licensed hunters 16 years
of age or younger may hunt during the season established by this subsection.]
[
Bonus tag.]
[
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:]
[
an appropriate, valid MLD permit (buck or antlerless);]
[
a valid LAMPS permit (antlerless only); or]
[
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.]
[
No person may:]
[
purchase more than five bonus tags per license
year;]
[
use a bonus tag on more than one animal; or]
[
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.]
[
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.
§65.44.Javelina: Open Seasons and Annual Bag Limits.
(a)
In Andrews,
Archer,
Baylor, Blanco, Caldwell,
Calhoun, Coke, Comal, Concho, Crane, DeWitt, Ector, Foard, Gillespie, Glasscock,
Goliad, Gonzales, Guadalupe, Hays, Howard, Irion, Knox, Llano, Loving, McCulloch,
Martin, Mason, Midland, Mitchell, Nolan, Reagan, Refugio, Runnels, San Saba,
Sterling, Taylor, Tom Green, Upton, Victoria, Ward, Wichita, Wilbarger, and
Winkler counties, there is a general open season.
(1)
Open season: October 1 through the last Sunday in February.
(2)
Bag limit: Two javelina.
(3)
Possession limit: two javelina.
(b)
In Aransas, Atascosa, Bandera, Bee, Bexar, Brewster, Brooks,
Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo,
Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr,
Kimble, Kinney, Kleberg, LaSalle, Live Oak, McMullen, Maverick, Medina, Menard,
Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Schleicher, Starr, Sutton,
Terrell, Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala counties,
there is an open season from September 1 through August 31.
(1)
Bag limit: two javelina.
(2)
Possession limit: two javelina.
(c)
In all other counties, there is no open season for javelina.
§65.62.Quail: Open Seasons, Bag, and Possession Limits.
(a)
In all counties there is an open season for quail beginning
the Saturday
immediately prior to the first Saturday in November
[
(b)
Daily bag limit: 15 quail.
(c)
Possession limit: 45 quail.
(d)
There is no open season on Mearns' quail (commonly called
fool's quail).
(e)
In all counties where there is a general open season for
quail, there shall be a special youth-only general hunting season the Saturday
and Sunday immediately preceding the first Saturday in November. During the
season established by this subsection:
(1)
only licensed hunters 16 years of age or younger may hunt;
and
(2)
the daily bag limit and possession limits shall be as provided
in subsections (b) and (c) of this section.
§65.64.Turkey.
(a)
The annual bag limit for Rio Grande and Eastern turkey,
in the aggregate, is four.
(b)
Rio Grande Turkey. The open seasons and bag limits for
Rio Grande turkey shall be as follows.
(1)
Fall seasons and bag limits:
(A)
In Archer, Bandera, Bell, Bexar, Blanco, Bosque, Burnet,
Clay, Comal, Comanche, Cooke, Coryell, Erath, Gillespie, Goliad, Gonzales,
Hamilton, Hays, Hood, Jack, Karnes, Kendall, Kerr, Lampasas, Llano, McLennan,
Medina (only north of U.S. Highway 90), Montague, Palo Pinto, Parker, Real,
Somervell, Stephens, Travis, Wichita, Williamson, Wilson, Wise, and Young
counties, there is a fall general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: four turkeys, gobblers or bearded hens.
(B)
In Aransas, Atascosa, Bee, Calhoun, Dimmit, Duval, Frio,
Hidalgo, Jim Hogg, Jim Wells, LaSalle, Live Oak, Maverick, McMullen, Medina
(south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Webb, and
Zavala counties, there is a fall general open season.
(i)
Open season:
first
[
(ii)
Bag limit: four turkeys, gobblers or bearded hens.
(C)
In Kinney (south of U.S. Highway 90) and Uvalde (south
of U.S. Highway 90), and Val Verde (in that southeastern portion located both
south of U.S. Highway 90 and east of Spur 239) counties, there is a fall general
open season.
(i)
Open season:
first
[
(ii)
Bag limit: four turkeys, either sex.
(D)
In Brooks, Kenedy and Kleberg counties, there is a fall
general open season.
(i)
Open season:
first
[
(ii)
Bag limit: four turkeys, either sex.
(E)
In Armstrong, Baylor, Borden, Briscoe, Brown, Callahan,
Carson, Childress, Coke, Coleman, Collingsworth, Concho, Cottle, Crane, Crockett,
Crosby, Dawson, Dickens, Donley, Eastland, Ector, Edwards, Fisher, Floyd,
Foard, Garza, Glasscock, Gray, Hall, Hardeman, Hartley, Haskell, Hemphill,
Howard, Hutchinson, Irion, Jones, Kent, Kimble, King, Kinney (north of U.S.
Highway 90), Knox, Lipscomb, Lynn, Martin, Mason, McCulloch, Menard, Midland,
Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Pecos, Potter, Randall,
Reagan, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford,
Sterling, Stonewall, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Upton,
Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wilbarger, and Val Verde
(that portion located 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 fall general open
season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: four turkeys, either sex.
(F)
In Willacy County, there is a fall general open season
for turkeys.
(i)
Open season:
the first
[
(ii)
Bag limit: four turkeys, either sex.
(2)
Archery-only season and bag limits. In all counties where
there is a general fall season for turkey there is an open season during which
turkey may be taken only as provided for in §65.11(2) and (3) of this
title (relating to Means and Methods).
(A)
Open season: from the Saturday closest to September 30
for 30 consecutive days.
(B)
Bag limit: in any given county, the annual bag limit is
as provided by this section for the fall general season in that county.
(3)
Spring season and bag limits.
(A)
In Archer, Armstrong, Bandera, Baylor, Bell, Blanco, Borden,
Bosque, Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay,
Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle,
Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector,
Edwards, Ellis, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock,
Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood,
Howard, Hutchinson, Irion, Jack, Jeff Davis, Johnson, Jones, Kendall, Kent,
Kerr, Kimble, King, Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason,
McCulloch, McLennan, Menard, Midland, Mills, Mitchell, Montague, Moore, Motley,
Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan,
Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell,
Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell,
Throckmorton, Tom Green, Travis, Upton, Val Verde, Ward, Wheeler, Wichita,
Wilbarger, Williamson, Wise, and Young counties, there is a spring general
open season.
(i)
Open season: first Saturday in April for 37 consecutive
days.
(ii)
Bag limit: four turkeys, gobblers only.
(B)
In Bastrop, Caldwell, Colorado, De Witt, Fayette, Guadalupe,
Jackson, Lavaca, Lee, Milam, and Victoria counties, there is a spring general
open season.
(i)
Open season: first Saturday in April for 37 consecutive
days.
(ii)
Bag limit: one turkey, gobblers only.
(C)
In Aransas, Atascosa, Bee, Bexar, Brooks, Calhoun, Dimmit,
Duval, Frio, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy,
Kinney, Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina, Nueces, Refugio,
San Patricio, Starr, Uvalde, Webb, Willacy, Wilson, and Zavala counties, there
is a spring general open season.
(i)
Open season: last Saturday in March for 37 consecutive
days.
(ii)
Bag limit: four turkeys, gobblers only.
(4)
Special Youth-Only Season.
(A)
There shall be a special youth-only general hunting season
in all counties where there is a general open season.
(i)
open
seasons
[
(ii)
bag limit: as specified for individual counties in paragraph
(1) of this subsection.
(B)
Only licensed hunters 16 years of age or younger may hunt
during the season established by this subsection.
(c)
Eastern turkey. The open seasons and bag limits for Eastern
turkey shall be as follows. In Angelina, Bowie, Camp, Cass, Cherokee, Delta,
Fannin, Franklin, Grayson, Gregg, Harrison, Hopkins,
Houston,
Hunt,
Jasper, Lamar, Marion, Montgomery (north of State Hwy. 105), Morris, Nacogdoches,
Newton, Panola, Polk, Rains, Red River,
Rusk,
Sabine, San Augustine,
San Jacinto, Shelby,
Smith,
Titus, Trinity, Tyler (north of U.S.
Hwy. 190),
Upshur,
[
(1)
Open season: the Monday nearest April 14 for 14 consecutive
days.
(2)
Bag limit (both species combined): one turkey, gobbler
only.
(3)
In the counties listed in this subsection:
(A)
it is unlawful to hunt turkey by any means other than a
shotgun, lawful archery equipment, or crossbows;
(B)
it is unlawful for any person to take or attempt to take
turkeys by the aid of baiting, or on or over a baited area; and
(C)
all turkeys harvested during the open season must be registered
at designated check stations within 24 hours of the time of kill. Harvested
turkeys may be field dressed but must otherwise remain intact.
(d)
In all counties not listed in subsections (b) or (c) of
this section, the season is closed for hunting turkey.
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 February 12, 2001.
TRD-200100887
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 25, 2001
For further information, please call: (512) 389-4775
and
]
and
]
(3)
Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
(17)
] Fishing--Taking or attempting
to take aquatic animal life by any means.
(18)
] Fish length--That straight-line
measurement (while the fish is lying on its side) from the tip of the snout
(jaw closed) to the extreme tip of the tail when the tail is squeezed together
or rotated to produce the maximum overall length.
(19)
] Fish species names--The
names of fishes are those prescribed by the American Fisheries Society in
the most recent edition of "A List of Common and Scientific Names of Fishes
of The United States and Canada."
(20)
] Fully automatic firearm--Any
firearm that is capable of firing more than one cartridge in succession by
a single function of the trigger.
(21)
] Gaff--Any hand-held pole
with a hook attached directly to the pole.
(22)
] Gear tag--A tag constructed
of material as durable as the device to which it is attached. The gear tag
must be legible, contain the name and address of the person using the device,
and, except for saltwater trotlines, the date the device was set out.
(23)
] Gig--Any hand-held shaft
with single or multiple points.
(24)
] Jug line--A fishing line
with five or less hooks tied to a free-floating device.
(25)
] Lawful archery equipment--Longbow,
recurved bow, and compound bow.
(26)
] License year--The period
of time for which an annual hunting or fishing license is valid.
(27)
] Muzzleloader--Any firearm
that is loaded only through the muzzle.
(28)
] Natural bait--A whole or
cut-up portion of a fish or shellfish or a whole or cut-up portion of plant
material in its natural state, provided that none of these may be altered
beyond cutting into portions.
(29)
] Permanent residence--One's
principal or ordinary home or dwelling place. This does not include a temporary
abode or dwelling such as a hunting/fishing club, or any club house, cabin,
tent, or trailer house used as a hunting/fishing club, or any hotel, motel,
or rooming house used during a hunting, fishing, pleasure, or business trip.
(30)
] Pole and line--A line with
hook, attached to a pole. This gear includes rod and reel.
(31)
] Possession limit--The maximum
number of a wildlife resource that may be lawfully possessed at one time.
(32)
] Purse seine (net)--A net
with flotation on the corkline adequate to support the net in open water without
touching bottom, with a rope or wire cable strung through rings attached along
the bottom edge to close the bottom of the net.
(33)
] Sail line--A type of trotline
with one end of the main line fixed on the shore, the other end of the main
line attached to a wind-powered floating device or sail.
(34)
] Sand Pump--A self-contained,
hand-held, hand-operated suction device used to remove and capture Callianassid
ghost shrimp (Callichirus islagrande, formerly Callianassa islagrande) from
their burrows.
(35)
] Seine--A section of non-metallic
mesh webbing, the top edge buoyed upwards by a floatline and the bottom edge
weighted.
(36)
] Silencer or sound-suppressing
device--Any device that reduces the normal noise level created when the firearm
is discharged or fired.
(37)
] Spear--Any shaft with single
or multiple points, barbed or barbless, which may be propelled by any means,
but does not include arrows.
(38)
] Spear gun--Any hand-operated
device designed and used for propelling a spear, but does not include the
crossbow.
(39)
] Spike-buck deer--A buck
deer with no antler having a fork or branching point.
(40)
] Throwline--A fishing line
with five or less hooks and with one end attached to a permanent fixture.
Components of a throwline may also include swivels, snaps, rubber and rigid
support structures.
(41)
] Trap--A rigid device of
various designs and dimensions used to entrap aquatic life.
(42)
] Trawl--A bag-shaped net
which is dragged along the bottom or through the water to catch aquatic life.
(43)
] Trotline--A nonmetallic
main fishing line with more than five hooks attached and with each end attached
to a fixture.
(44)
] Umbrella net--A non-metallic
mesh net that is suspended horizontally in the water by multiple lines attached
to a rigid frame.
(45)
] Upper-limb disability--A
permanent loss of the use of fingers, hand or arm in a manner that renders
a person incapable of using a longbow, compound bow or recurved bow.
(46)
] Wildlife resources--All
game animals, game birds, and aquatic animal life.
(47)
] Wounded deer--A deer leaving
a blood trail.
,
] as follows:
turkey taken in other than an either-sex county or taken during
any spring turkey season: the beard must remain attached to the bird.
]
(1)
] the name, signature, address,
and hunting or fishing license number, as required, of the person who killed
or caught the wildlife resource;
(2)
] the name of the person receiving
the wildlife resource;
(3)
] a description of the wildlife
resource (number and type of species or parts);
(4)
] the date the wildlife resource
was killed or caught; and
(5)
] the location where the wildlife
resource was killed or caught (name of ranch; area; lake, bay or stream; and
county).
except
] a special muzzleloader-only
[
antlerless
] deer season.
(b)
(c)
] When permits are required
to hunt or possess
white-tailed deer, mule deer, desert bighorn sheep,
or antelope
[
the wildlife resources listed in subsection (b) of
this section
], it is unlawful [
to
]:
(2)
] use a permit on a tract of
land other than the tract for which the permit was issued;
(3)
] falsify or fail to fully complete
any information required by a permit application; or
(4)
] possess the wildlife resource
without attaching a valid, properly executed permit, which shall remain attached
until the wildlife resource reaches its final destination; or
(d)
] No state-issued permit is
required to hunt antlerless white-tailed deer on a National Wildlife Refuge.
§65.42(b)(8)
] of this title (relating to Archery-Only Open Season),
§65.42(b)(10)
[
§65.42(b)(9)
] of this title (relating
to Muzzleloader-Only Open Season), and the stamp requirements of Parks and
Wildlife Code, Chapter 43, Subchapters I and Q, do not apply.
only during general
open deer seasons, special muzzleloader-only seasons, and when the harvest
of deer is authorized under §65.26(e) of this title (relating to Managed
Lands Deer Permits)
].
2.
OPEN SEASONS AND BAG LIMITS--HUNTING PROVISIONS
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).
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.
second
] Saturday
in November through the third Sunday in January.
four
] deer, no more
than
three
[
two
] bucks.
four
] antlerless
or spike-buck deer in the aggregate, no more than
three
[
two
] of which may be spike bucks.
Second
] Saturday
in November through the third Sunday in January.
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.
(iii)
(I)
(II)
(B)
(i)
(ii)
(iii)
(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.
(D)
(i)
(ii)
(iii)
(E)
(i)
(ii)
(iii)
(F)
] In Dallam, Hartley, Moore,
Oldham, Potter, and Sherman Counties, there is a general open season.
(G)
(i)
(ii)
]
(iii)
(H)
(i)
(ii)
(iii)
(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.
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).
(9)
] Muzzleloader-only open seasons,
and bag and possession limits shall be as follows.
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.
(10)
]Special Youth-Only
Seasons. Except on properties for which Level II or Level III MLD permits
have been issued, there shall be special youth-only general hunting seasons
in all counties where there is a general open season for white-tailed deer
only.
Season. There shall be a special youth-only
general hunting season in all counties where there is a general open season.
]
(A)
(B)
(i)
(ii)
(C)
(11)
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(iii)
(C)
nearest November 1
] through the last Sunday in February.
second
] Saturday
in November through the third Sunday in January.
second
] Saturday
in November through the third Sunday in January.
second
] Saturday
in November through the last Sunday in February.
second
] Saturday
in November through the third Sunday in January.
season
]:
each
[
the
] Saturday and Sunday
in October, and each weekend
(Saturday and Sunday) following the second Sunday in January for three weekends
[
immediately preceding the first Saturday in November
].
and
] Walker
, and Wood
counties, there is a spring season during which both Rio Grande and Eastern
turkey may be lawfully hunted.
3.
SEASONS AND BAG LIMITS--FISHING PROVISIONS