Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 65.
WILDLIFE
The Texas Parks and Wildlife Department proposes amendments to §§65.9,
65.316, and 65.374, concerning Wildlife. The amendments would impose a date
upon which certain restrictions governing hunting activities in state-owned
riverbeds in Dimmit, Uvalde, and Zavala counties would cease effectiveness.
Under the terms of Government Code, §2001.039, the department has conducted
a required review of regulations contained in Chapter 65. The proposed amendments
are published as a result of that review. The department has determined that
the original justification for the rules may not exist, and to that end will
conduct investigations to determine if the provisions should be maintained
beyond September 1, 2003.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years that the rules as proposed are in effect, there will
be no fiscal implications to state and local governments as a result of enforcing
or administering the rules.
Mr. Macdonald has also determined that for each of the first five years
the rules as proposed are in effect, the public benefit anticipated as a result
of enforcing or administering the rules as proposed will be compliance with
the provisions of Government Code, §2001.039, which requires state agencies
to review their regulations and readopt, readopt with changes, or repeal them
no less than once every four years.
There will be no adverse economic effect on 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 the Administrative Procedures Act, §2001.022,
as the agency has determined that the rules as proposed will not impact local
economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted to Jerry Cooke, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512)
389-4774 or 1-800-792-1112 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us)
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
1.
GENERAL PROVISIONS
31 TAC §65.9
The amendments are proposed under the authority of Parks and
Wildlife Code, Chapter 61, which requires the commission to provide open seasons
for the hunting, taking, or possession of game animals, game birds, or aquatic
animal life if its investigations and findings of fact reveal that open seasons
may be safely provided or if the threat of waste requires an open season to
conserve game animals, game birds, or aquatic animal life; Chapter 64, which
provides the commission with the authority to provide an open season only
for the length of time justified by the supply of the species of migratory
game bird affected in this state or in the zone or section of this state where
the open season applies; and Chapter 71, which authorizes the commission to
regulate the taking, possession, propagation, transportation, exportation,
importation, sale, and offering for sale of fur-bearing animals, pelts, and
carcasses as the commission considers necessary to manage fur-bearing animals
or to protect human health or property.
The amendments affect Parks and Wildlife Code, Chapters 64, 65, and 71.
§65.9.Open Seasons: General Rules.
(a)
There is no open season on game animals or game birds on
public roads and highways
or in
[
(b)
No antlerless deer permit is required to take an antlerless
deer during the archery-only open season, except on lands for which Managed
Lands Deer permits have been issued.
(c)
The hunting of roosting turkey is unlawful.
(d)
There is no open season on
game animals or game birds in any state-owned riverbed in Dimmit, Uvalde,
and Zavala counties. The provisions of this subsection cease effect on September
1, 2003.
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 April 10, 2002.
TRD-200202215
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 389-4775
,
] the right-of-way
of public roads and highways[
; or in any state-owned riverbed in Dimmit,
Uvalde, and Zavala counties
].
Subchapter N. MIGRATORY GAME BIRD PROCLAMATION