Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §53.5
The Texas Parks and Wildlife Department proposes amendments
to §53.5, concerning Public Land Hunting Permits and Fees. The amendment
transfers certain current provisions concerning fee requirements from Chapter
65 to Chapter 53, makes nonsubstantive grammatical changes to enhance readability,
and clarifies fee requirements for specific types of public hunting and fishing
opportunities offered or sponsored by the department. The amendment is necessary
to consolidate fee and permit requirements in the most appropriate location
within the agency's portion of the Texas Administrative Code, and to present
fee and permit requirements in the most user-friendly manner possible.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years that the rule as proposed is in effect, there will
be no fiscal implications to state or local governments as a result of enforcing
or administering the rules.
Mr. Macdonald also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as a result
of enforcing or administering the rule as proposed will be the elimination
of duplicated regulations and the clarity of existing regulations.
There will be no adverse economic effects on small businesses, microbusinesses,
or persons required to comply with the rule as proposed.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the agency has determined
that the rule 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 rule.
Comments on the proposed rule may be submitted to Herb Kothmann, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;
(512) 389-4770 or 1-800-792-1112 extension 4770 (e-mail: herb.kothmann@tpwd.state.tx.us)
The amendment is proposed under Parks and Wildlife Code, §11.0271,
which authorizes the commission to set nonrefundable participation fees for
drawings for public hunting opportunities in an amount sufficient to pay the
costs of operating the drawing, and to establish fees, not to exceed $25 per
species, for each participant on an application in drawings for special hunting
programs, packages, or events that exceed the costs of operating the drawing
only if the fees charged are designated for use in the management and restoration
efforts of the specific wildlife program implementing each special hunting
program, package, or event.
The amendments affect Parks and Wildlife Code, Chapter 11.
§53.5.Public [
(a)
Hunting permits:[
(1)
annual public hunting--$40;
(2)
duplicate annual public hunting--$10;
(3)
limited public use--$10; and
(4)
duplicate limited public use--$5.00.
(b)
Special and regular permits. The following permit fee amounts
apply only to persons 17 years of age and older
[
(1)
special permits.
(A)
standard period for
deer, exotic
mammal, pronghorn antelope, javelina, turkey, coyote, alligator--$50;
(B)
[
(C)
special package hunts (Big Time Texas
Hunts and other guided hunts)--no charge.
(2)
[
[(4)
special package hunts, desert bighorn
sheep--no charge.]
(c)
Application fee.
The following fee amounts apply only
to persons 17 years of age or older.
The non-refundable application
fee for individuals applying for computer-selected participant hunting opportunities
is:
(1)
$2.00 per applicant for participation in [
(2)
$10 per applicant for participation in
drawings for guided hunts; and
(3)
$10 per
entry
[
(d)
Competitive hunting dog field trial permit fees [
(1)
10 or less participants--$100 per day;
(2)
11-25 participants--$200 per day;
(3)
26-50 participants--$300 per day;
(4)
51-75 participants--$400 per day; and
(5)
76 or more participants--$500 per day.
(e)
Reel Texas Adventures. The application
fee for participation in Reel Texas Adventure fishing events shall not exceed
$10 per person per application.
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 11, 2002.
TRD-200200858
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 24, 2002
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department proposes new §65.7 and
amendments to §§65.3, 65.10, 65.11, 65.19, 65.26, 65.28, 65.29,
65.42, 65.64, and 65.72, concerning the Statewide Hunting and Fishing Proclamation.
The amendment to §65.3, concerning Definitions, adds a new definition
of 'antler point' and alters the definition of 'spike-buck deer' to conform
with that definition. The amendment is necessary to enforce the provisions
of §65.42(b)(5)(F)(iv), which are amended in this rulemaking to restrict
buck harvest in certain counties.
New §65.7, concerning Harvest Log for Deer, creates a requirement
for hunters to record certain information on the hunting license, which will
be necessary because the department will introduce a new and simplified license
format for the next license year, and the log is necessary to ensure that
no person exceeds the statewide, regional, county bag limits.
The amendment to §65.10, concerning Possession of Wildlife Resources,
alters the proof-of-sex stipulations for white-tailed deer by eliminating
the requirement that the head remain unskinned. The amendment is necessary
to make the regulation more user-friendly while still preserving enforcement
efficiency.
The amendment to §65.11, concerning Lawful Means, adds clarifying
language to emphasize that there is no open season on game animals or game
birds on public roads and highways, or in the right-of-way of public roads
and highways. The amendment is necessary to consolidate provisions that are
similar to one another in a single section of the subchapter.
The amendment to §65.19, concerning Hunting Deer with Dogs, allows
not more than two dogs to be used to trail wounded deer in 10 northeast-Texas
counties. The amendment is necessary because the department has determined
that the practice of hunting deer with dogs (i.e., the use of dogs to hunt
deer, rather than track wounded deer), which originally prompted the ban on
the use of dogs, has declined in the named counties to the point that the
regulation is no longer required.
The amendment to §65.26, concerning Managed Lands Deer Permits, makes
nonsubstantive changes to clarify the intent of the regulation. The amendment
makes plain that bucks may be taken by means of archery on Level II MLD properties
during the archery season, although an MLD buck permit is required, and makes
clear that the term 'appropriate tag' means a tag that is appropriate for
the sex of the deer that has been taken (i.e., a buck tag can only be used
on a buck deer, and an antlerless tag can only be used on an antlerless deer).
The amendment to §65.28, concerning Landowner Assisted Permit System
(LAMPS), adds clarifying language to make it clear that no LAMPS permit is
required for antlerless deer legally killed on a LAMPS property by lawful
archery equipment during an archery-only season. The amendment is necessary
to prevent confusion.
The amendment to §65.29, concerning Bonus Tags, makes nonsubstantive
changes to clarify the intent of the regulation. The amendment makes clear
that the term 'appropriate tag' means a tag that is appropriate for the sex
of the deer that has been taken (i.e., a buck tag can only be used on a buck
deer, and an antlerless tag can only be used on an antlerless deer).
The amendment to §65.42, concerning Deer, consists of several actions,
as follows. The amendment adds clarifying language in certain subsections,
as necessary, to denote the counties and portions of counties where antlerless
deer may be taken without antlerless permits. The provision is necessary because
Parks and Wildlife Code, §61.057, states that a proclamation allowing
the hunting of antlerless deer without a permit must be specific as to the
county or portion of a county to which it applies. The amendment also increases
the number of 'doe days' in 17 Panhandle counties from 16 to 30. The revision
is necessary because department investigations indicate that antlerless harvest
in the affected counties is very conservative despite the current harvest
opportunity and the populations could easily sustain considerably more harvest.
The amendment further clarifies that all hunting in Grayson County, including
MLD properties, is by archery only. The clarification is necessary to eliminate
confusion concerning the applicability of countywide restrictions to MLD properties.
The amendment also creates a special regulation restricting the take of buck
deer in six south-central counties. The revision is necessary to reduce hunting
pressure in order to manage the age structure of the buck segment of the deer
herd in the affected counties. Finally, the amendment alters the late youth-only
deer season to require antlerless permits for the take of antlerless deer
in counties where permits are required during any part of the general season
open season. The revision is necessary to prevent depletion of the doe segment
of the deer herd in counties where doe harvest has been restricted.
The amendment to §65.64, concerning Turkey, adds clarifying language
to emphasize that it is unlawful to hunt turkeys on a roost, establishes a
Fall season for Rio Grande turkey in Hill County, and opens a standard Spring
season for Eastern turkey in five additional counties. The amendment is necessary
to consolidate provisions appropriate to the species and to implement commission
policy to provide additional hunting opportunity whenever biological data
indicate that it can be done without threat of depletion or waste.
The amendment to §65.72, concerning Fish, consists of several actions.
Harvest regulations for sunfish on Purtis Creek State Park Lake would change
from a 7-inch minimum length limit and a 25 fish per day bag limit to no minimum
length limit and no daily bag limit. The change is necessary to improve consistency
of regulations.
Harvest regulations for largemouth bass on Gibbons Creek Reservoir would
change from catch-and-release only (with the exception that a largemouth bass
greater than 21 inches can be weighed at a lakeside weigh station then immediately
released or donated to the ShareLunker program) to a 14-24 inch slot length
limit and a five fish daily bag of which only one fish 24 inches or greater
may be harvested per day. The change is necessary to allow some harvest of
smaller stock size bass as well as trophy largemouth bass.
Change harvest regulations for largemouth bass on Brushy Creek Lake from
a 14-inch minimum length limit and a 5 fish daily bag limit to an 18-inch
minimum length limit and five fish daily bag limit. The change is necessary
to protect 14-18 inch bass from being over harvested, thereby preventing a
decrease in the quality of the fishery when the park is opened to the public.
Change harvest regulations for red drum on Coleto Creek Reservoir from
a 20-28-inch reverse slot limit (fish between 20 and 28 inches can be harvested)
and a three fish daily bag limit to a 20-inch minimum length limit and a three
fish daily bag limit. The change is necessary to allow fish to reach a harvestable
size and spread the resource among more anglers.
Change harvest regulations for largemouth bass on Lake Alan Henry from
an 18-inch minimum length limit to no minimum length limit, but allowing only
two largemouth bass less than 18 inches to be harvested, while continuing
a daily bag limit for the three bass species in the reservoir (largemouth,
smallmouth, and spotted) of five bass in any combination. The change is necessary
to reduce the overall abundance of largemouth bass, resulting in an increased
growth rates and condition of the largemouth bass population.
Change harvest regulations for largemouth bass on Lake Proctor from the
14-inch minimum length to a 16-inch minimum length limit. The change is necessary
to enhance largemouth bass fishing and provide more and larger bass for a
longer period of time.
Change harvest regulations on Possum Kingdom Lake for largemouth bass from
the current 14-inch minimum length to a 16-inch minimum length limit; and
for striped and hybrid striped bass from a five fish daily bag limit to a
two fish daily bag limit. The change is necessary to provide protection for
future largemouth bass brood fish in the population and help rebuild population
abundance after the negative impacts of last spring's golden algae outbreak.
Implement a requirement for all fish landed in Texas to conform with Texas
size and bag limits. The change is necessary to address concerns about over
harvest of fish in Sabine Lake caught under Louisiana regulations.
Change the common name of the jewfish to Goliath grouper. The change is
necessary to maintain conformity with current nomenclature.
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 or local governments as a result of enforcing
or administering the rules.
Mr. Macdonald also has 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 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 adverse economic effect on small businesses, microbusinesses,
or persons required to comply with the rules as proposed.
The department has not drafted a local employment impact statement under
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 by phone (area code 512)
or e-mail to Robert Macdonald (Wildlife 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us),
Ken Kurzawski (Inland Fisheries 389-4591; e-mail: ken.kurzawski@tpwd.state.tx.us),
Paul Hammerschmidt (Coastal Fisheries 389-4650; e-mail: paul.hammerschmidt@tpwd.state.tx.us),
David Sinclair (Wildlife Enforcement 389-4854; e-mail: david.sinclair@tpwd.state.tx.us),
or Larry Young (Fisheries Enforcement 389-4628; e-mail: larry.young@tpwd.state.tx.us),
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744; (512) 389-4775 or 1-800-792-1112.
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
1.
GENERAL PROVISIONS
31 TAC §§65.3, 65.7, 65.10, 65.11, 65.19, 65.26, 65.28, 65.29
The new rule and amendments are proposed under the authority
of 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 new rule and amendments 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)
Antler point-A point, including
the tip of a main beam, that extends at least one inch from the edge of a
main beam.
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(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.
(19)
[
(20)
[
(21)
[
(22)
[
(23)
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(24)
[
(25)
[
(26)
[
(27)
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(28)
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(29)
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(30)
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(31)
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(32)
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(33)
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(34)
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(35)
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(36)
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(37)
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(38)
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(39)
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(40)
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§65.7.Harvest Log for Deer.
(a)
A person who kills a white-tailed deer shall complete,
in ink, the harvest log on the back of the hunting license immediately upon
kill.
(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 as follows:
(1)
turkey (in a county where the bag composition is restricted
to gobblers and/or bearded hens):
(A)
male turkey:
(i)
one leg, including the spur, attached to the bird; or
(ii)
the bird, accompanied by a patch of skin with breast feathers
and beard attached.
(B)
female turkey taken during the fall season: the bird, accompanied
by a patch of skin with breast feathers and beard attached.
(2)
deer:
(A)
buck: the [
(B)
antlerless: the [
(3)
antelope: the unskinned head; and
(4)
pheasant: one leg, including the spur, attached to the
bird 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)
the name, signature, address, and hunting or fishing license
number, as required, of the person who killed or caught the wildlife resource;
(B)
the name of the person receiving the wildlife resource;
(C)
a description of the wildlife resource (number and type
of species or parts);
(D)
the date the wildlife resource was killed or caught; and
(E)
the location where the wildlife resource was killed or
caught (name of ranch; area; lake, bay or stream; and county).
(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 a special muzzleloader-only deer season.
(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.
(6)
There is no open season on
game animals or game birds on public roads and highways, or on the right-of-way
of public roads and highways.
§65.19.Hunting Deer with Dogs.
(a)
It is unlawful to use a dog or dogs in hunting, pursuing,
or taking deer in all counties.
(b)
It is lawful to use not more than two dogs in trailing
a wounded deer in all counties, except in Angelina, [
§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). In the case that a landowner is otherwise in fulfillment
of the provisions of §65.25 of this title but does not have current survey
data, the department may conditionally authorize partial issuance of MLD permits,
not to exceed 30 per cent of the total MLD permits to be issued for that property
during the affected license year, with the balance of MLD permits to be issued
upon submission of the required survey data.
(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
or
[
(i)
A Level 2
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)
A Level 2
buck permit is valid
:
(I)
for spike bucks taken by any
lawful means and for bucks taken by means of lawful archery equipment: 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; and
(II)
for any buck, irrespective of means:
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
other than the archery-only 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)(8) of this title (relating
to Archery-Only Open Season), §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.
(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)(8) of this title, §65.42(b)(9)
of this title, 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.
(d)
Except for deer taken under an Antlerless and Spike-Buck
Control Permit, all deer harvested by MLD permit must immediately be tagged
with an appropriate tag
(i.e., buck tag for buck deer, antlerless tag
for antlerless deer)
from the hunting license of the person who killed
the deer or a valid bonus tag. If an appropriate MLD permit is not attached
immediately at the time of kill, the person who killed the deer shall immediately
take the carcass to a location on the property where an appropriate MLD tag
shall be attached.
(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.
§65.28.Landowner Assisted Management Permit System (LAMPS).
(a)
A LAMPS recommendation specifies the number of antlerless
deer to be harvested from a specific tract of land and is derived from acreage,
habitat, population, and harvest data supplied by the landowner as specified
by the department.
(b)
The minimum contiguous acreage necessary for eligibility
in the LAMPS program shall be determined on a county-by-county basis according
to population trends and habitat.
(c)
No LAMPS antlerless deer permit is required for a deer
legally killed with lawful archery equipment during the archery-only open
season.
(d)
Except as provided by subsection (c) of this section,
all
[
§65.29.Bonus Tag.
(a)
A person [
(1)
an appropriate, valid MLD permit (
i.e., MLD buck tag
for a
buck
deer
or
MLD antlerless tag for an
antlerless
deer
);
(2)
a valid LAMPS permit (
valid for
antlerless only);
or
(3)
a
[
(A)
only
at the location
[
(B)
[
(C)
only for the sex of deer (buck
or antlerless) 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.
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 11, 2002.
TRD-200200854
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 24, 2002
For further information, please call: (512) 389-4775
31 TAC §65.42, §65.64
The amendments are proposed under the authority of 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), no person may exceed the annual bag limit
of five white-tailed deer (no more than three bucks) and two mule deer (no
more than one buck).
(b)
White-tailed deer. The open seasons and annual bag limits
for white-tailed deer shall be as follows.
(1)
In Brewster, Culberson, Jeff Davis, Pecos, Presidio, Reeves,
Terrell, and Upton (that southeastern portion located both south of U.S. Highway
67 and east of State Highway 349) counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks.
(C)
No permit is required to hunt
antlerless deer unless MLD permits have been issued for the tract of land.
(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.
(D)
No permit is required to hunt
antlerless deer unless MLD antlerless permits have been issued for the tract
of land.
(3)
In Aransas, Atascosa, Bee, Brooks, Calhoun, Cameron, Dimmit,
Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway
90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S.
Highway 90), Nueces, Refugio, San Patricio, Starr, 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, Willacy, Zapata, and Zavala counties, there
is a general open season.
(A)
Open season: the first Saturday in November through the
third Sunday in January.
(B)
Bag limit: five deer, no more than three bucks.
(C)
Special Late General Season. In the counties listed in
this paragraph there is a special late general season for the take of antlerless
and spike-buck deer only.
(i)
Open season: 14 consecutive days starting the first Monday
following the third Sunday in January.
(ii)
Bag limit: five antlerless or spike-buck deer in the aggregate,
no more than three of which may be spike bucks.
(D)
No permit is required to hunt
antlerless deer unless MLD antlerless permits have been issued for the tract
of land.
(4)
No person may take or attempt to take more than one buck
deer per license year from the counties (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). For counties appearing both
in this paragraph and paragraph (5) of this subsection, the bag limit is one
buck deer, irrespective of the portion of the county in which take or attempted
take occurs.
(A)
The following counties are in the West 1-buck Zone.
In Archer, Baylor, [
(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)
No permit is required to
hunt antlerless deer unless MLD antlerless permits have been issued for the
tract of land.
(B)
The following counties are in the West 1-Buck Zone.
In Armstrong, Borden, Briscoe, Carson, [
(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.
(C)
The following counties are
in the West 1-Buck Zone. In Childress, Collingsworth, Cottle, Dickens, Donley,
Garza, Gray, Hall, Haskell, Hemphill, Kent, King, Lipscomb, Motley, Roberts,
Scurry, and Wheeler 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 opening day through the Sunday immediately
following Thanksgiving Day, antlerless deer may be taken without antlerless
deer permits unless MLD antlerless permits have been issued for the tract
of land. If MLD antlerless 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 permit.
(D)
[
(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.
(5)
No person may take or attempt to take more than one buck
deer per license year from the counties (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). For counties appearing both
in this paragraph and paragraph (4) of this subsection, the bag limit is one
buck deer, irrespective of the portion of the county in which take or attempted
take occurs.
(A)
The following counties are in the East 1-Buck Zone.
In
Bell (west of IH 35),
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)
No permit is required to
hunt antlerless deer unless MLD antlerless permits have been issued for the
tract of land.
(iv)
[
(I)
lawful means are restricted to lawful archery equipment
and crossbows only
, including MLD properties
; and
(II)
antlerless deer shall be taken by MLD permit only, except
on the Hagerman National Wildlife Refuge.
(B)
The following counties are in the East 1-Buck Zone.
In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris,
Jackson (south of U.S. Highway 59), Matagorda, Victoria (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)
The following counties are in the East 1-Buck Zone.
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)
The following counties are in the East 1-Buck Zone.
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. On National Forest lands, the take of antlerless deer shall
be by permit only.
(E)
The following counties are in the East 1-Buck Zone.
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, LAMPS, or Wildlife Management Area permits have been
issued for the tract of land. On National Forest, Corps of Engineers, and
Sabine River Authority lands, the take of antlerless deer shall be by permit
only. 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)
The following counties are in the East 1-Buck Zone.
In Austin, Bastrop, Bell (east of Interstate 35), Caldwell, Colorado,
Comal (east of Interstate 35), [
(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.
(iv)
Special regulation. In Austin,
Colorado, Lavaca, Fayette, Lee, and Washington counties, no person may take
a buck deer unless the deer meets one of the following criteria:
(I)
one unbranched antler;
(II)
one antler with at least six antler points;
or
(III)
a distance between the main antler beams of
13 inches or greater.
(G)
The following counties are
in the West 1-Buck Zone. In Crane, Ector, Loving, Midland, 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), and Ward counties, there is a general
open season.
(i)
Open season: first Saturday in November through
the first Sunday in January.
(ii)
Bag limit: three deer, no more than one buck
and no more than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless
permits.
(6)
In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, and Walker
counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks and no more
than two antlerless.
(C)
From opening day through the Sunday immediately following
Thanksgiving , antlerless deer may be taken without antlerless deer permits
unless MLD, LAMPS, or Wildlife Management Area permits have been issued for
the tract of land. On National Forest, Corps of Engineers, Sabine River Authority,
and Trinity River Authority lands, the take of antlerless deer shall be by
permit only. 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.
(7)
In Andrews, Bailey, Castro, Cochran, Collin, Dallas, Dawson,
Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth, Lamb, Lubbock,
Lynn, Martin, Parmer, Rockwall, Terry, Winkler, and Yoakum counties, there
is no general open season.
(8)
Archery-only open seasons. In all counties where there
is a general open season for white-tailed deer, there is an archery-only open
season during which either sex of white-tailed deer may be taken as provided
for in §65.11(2) and (3) of this title (relating to Means and Methods).
(A)
Open season: the Saturday closest to September 30 for 30
consecutive days.
(B)
Bag limit: the bag limit in any given county is as provided
for that county during the general open season.
(C)
No antlerless permit is required
unless antlerless MLD permits have been issued for the property.
(9)
Muzzleloader-only open seasons, and bag and possession
limits shall be as follows.
No antlerless permit is required unless antlerless
MLD permits have been issued for the property.
(A)
In Brewster, Culberson, Jeff Davis, Pecos, Presidio, Reeves,
Terrell, and Upton (that portion located both south of U.S. Highway 67 and
east of state highway 349) counties, there is an open season during which
only antlerless and spike-buck deer may be taken only with a muzzleloader.
(i)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two spike bucks.
(B)
In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, and Tyler counties, there is an open season
during which only antlerless and spike-buck deer may be taken only with a
muzzleloader.
(i)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two spike bucks and no more than two antlerless.
(10)
Special Youth-Only Seasons. Except on properties for which
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.
(A)
early open season: the Saturday and Sunday immediately
before 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)-(6)
of this subsection shall be as specified for the first two days of the general
open season in those counties, except as provided in clause (ii) of this subparagraph.
(ii)
Provisions for the take of antlerless deer in the individual
counties listed in paragraph (5)(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 third weekend (Saturday
and Sunday) in January, during which only antlerless deer may be taken. The
bag limit shall be as specified for antlerless deer in the county by paragraphs
(1)-(6) of this subsection.
In counties where the hunting of antlerless
deer is by permit only during any portion of the general season, an antlerless
permit is required for the take of antlerless deer during the season established
by this subparagraph
[
(i)
in counties where the general season, special late season,
or muzzleloader-only season is open; or
(ii)
on properties for which Level II or III MLD permits have
been issued.
(C)
Only licensed hunters 16 years of age or younger may hunt
deer by means of firearms during the season established by subparagraph (A)
of this paragraph; all other deer hunting shall be by means of lawful archery
equipment and crossbows only.
(D)
Only licensed hunters 16 years of age or younger may hunt
deer during the season established by subparagraph (B) of this paragraph.
(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.
(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).
No antlerless permit is required unless MLD antlerless
permits have been issued for the property.
(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.
§65.64.Turkey.
(a)
The hunting of roosting turkey is unlawful.
(b)
[
(c)
[
(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,
Hill,
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 Saturday in November through the third
Sunday in January.
(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 Saturday in November through the third
Sunday in January.
(ii)
Bag limit: four turkeys, either sex.
(D)
In Brooks, Kenedy, Kleberg, and Willacy counties, there
is a fall general open season.
(i)
Open season: first Saturday in November through the last
Sunday in February.
(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.
(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
fall
general open season.
(i)
open season : the weekend (Saturday and Sunday) immediately
preceding the first Saturday in November, and the third weekend (Saturday
and Sunday) in January.
(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.
(d)
[
(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.
(e)
[
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 11, 2002.
TRD-200200855
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 24, 2002
For further information, please call: (512) 389-4775
Land ] Hunting and Fishing Permits and Fees.
. The following permit fee amounts
are effective for the permit year beginning September 1, 1996, and thereafter:
]
are effective
for the permit year beginning September 1, 1996, and thereafter
]:
(2)
]
extended period for
deer, exotic mammal, alligator
, and management hunts for deer
on TPW-leased private lands
[
-extended period
] --$100;
and
(3)
]
regular (daily) permit.
For
squirrel, game birds (other than turkey),
feral hogs,
rabbits and hares--$10;
the general
] drawings
for supervised hunts;
applicant
] for participation
in drawings for Big Time Texas Hunts
[
the special package
hunts (except no charge for applicants under 17 years of age) effective September
1, 1996, and thereafter
].
effective September 1, 1996, and thereafter are as follows
]:
Chapter 65.
WILDLIFE
(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)
] Final processing--the cleaning
of a dead wildlife resource for cooking or storage purposes.
(17)
] Fish--
(18)
] Fishing--Taking or attempting
to take aquatic animal life by any means.
(19)
] 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.
(20)
] 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."
(21)
] Fully automatic firearm--Any
firearm that is capable of firing more than one cartridge in succession by
a single function of the trigger.
(22)
] Gaff--Any hand-held pole
with a hook attached directly to the pole.
(23)
] 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 and crab traps, the date the device was
set out.
(24)
] Gig--Any hand-held shaft
with single or multiple points.
(25)
] Jug line--A fishing line
with five or less hooks tied to a free-floating device.
(26)
] Lawful archery equipment--Longbow,
recurved bow, and compound bow.
(27)
] License year--The period
of time for which an annual hunting or fishing license is valid.
(28)
] Muzzleloader--Any firearm
that is loaded only through the muzzle.
(29)
] 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.
(30)
] 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.
(31)
] Pole and line--A line with
hook, attached to a pole. This gear includes rod and reel.
(32)
] Possession limit--The maximum
number of a wildlife resource that may be lawfully possessed at one time.
(33)
] 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.
(34)
] 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.
(35)
] 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.
(36)
] Seine--A section of non-metallic
mesh webbing, the top edge buoyed upwards by a floatline and the bottom edge
weighted.
(37)
] Silencer or sound-suppressing
device--Any device that reduces the normal noise level created when the firearm
is discharged or fired.
(38)
] Spear--Any shaft with single
or multiple points, barbed or barbless, which may be propelled by any means,
but does not include arrows.
(39)
] Spear gun--Any hand-operated
device designed and used for propelling a spear, but does not include the
crossbow.
(40)
] Spike-buck deer--A buck deer
with no antler having
more than one
[
a fork or branching
] point.
(41)
] 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.
(42)
] Trap--A rigid device of various
designs and dimensions used to entrap aquatic life.
(43)
] Trawl--A bag-shaped net which
is dragged along the bottom or through the water to catch aquatic life.
(44)
] Trotline--A nonmetallic main
fishing line with more than five hooks attached and with each end attached
to a fixture.
(45)
] Umbrella net--A non-metallic
mesh net that is suspended horizontally in the water by multiple lines attached
to a rigid frame.
(46)
] 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.
(47)
] Wildlife resources--All game
animals, game birds, and aquatic animal life.
(48)
] Wounded deer--A deer leaving
a blood trail.
unskinned
] head, with antlers still
attached;
unskinned
] head;
Bowie, Camp, Fannin,
Franklin,
] Hardin, Harris, Harrison, Houston, Hunt, Jasper, Jefferson,
[
Lamar,
] Liberty, Montgomery, [
Morris,
] Nacogdoches,
Newton, Orange, Panola, Polk, [
Red River, Rockwall,
] Rusk, Sabine,
San Augustine, San Jacinto, Shelby, [
Titus,
] Trinity, Tyler, Walker,
and
Washington[
, and Wood
] counties, where dogs shall not
be used to trail wounded deer.
and
] antlerless white-tailed deer as specified by the permit.
[
A Level 2 MLD:
]
All
] deer killed on a tract of land for which LAMPS permits
have been issued shall be tagged with a valid LAMPS permit, and either an
antlerless
[
appropriate
] white-tailed deer tag from the hunting
license of the person who killed the deer or a valid bonus tag.
in possession of a valid bonus deer tag
] may take one [
buck or antlerless
] white-tailed deer
per bonus tag
during an open white-tailed deer season in any county,
irrespective of the county bag limit, provided that person [
also
]
possesses
a valid bonus tag on their person and
one of the following:
an appropriate,
] valid Special
Permit [
(buck or antlerless)
] issued by the department for a public
hunt, in which case the bonus tag is valid
:
on the
property
] specified on the permit
;
and
] only during the date and time
specified on the permit
; and
2.
OPEN SEASONS AND BAG LIMITS--HUNTING PROVISIONS
Bell (west of Interstate 35)
], Bosque,
Callahan, Clay, Comanche, Coryell, Eastland, Erath, Hamilton, Hood, Jack,
Lampasas, Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens,
Taylor, Throckmorton, Wise, and Young counties, there is a general open season.
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.
(C)
]
The following counties
are in the West 1-Buck Zone.
In Dallam, Hartley, Moore, Oldham, Potter,
and Sherman Counties, there is a general open season.
(iii)
] Special regulation. In Grayson
County:
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 (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.
and no TPW-issued permit is required
].
This subparagraph does not apply:
(a)
] The annual bag limit for Rio
Grande and Eastern turkey, in the aggregate, is four
, no more than one
of which may be an Eastern turkey
.
(b)
] Rio Grande Turkey. The open
seasons and bag limits for Rio Grande turkey shall be as follows.
(c)
] Eastern turkey. The open seasons
and bag limits for Eastern turkey shall be as follows. In Angelina, Bowie,
Brazoria,
Camp, Cass, Cherokee, Delta, Fannin,
Fort Bend,
Franklin, Grayson, Gregg, Harrison, Hopkins, Houston, Hunt, Jasper, Lamar,
Marion,
Matagorda,
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, Walker,
Wharton,
and Wood counties, there is a spring season
during which both Rio Grande and Eastern turkey may be lawfully hunted.
(d)
] In all counties not listed
in subsection
(c) or (d)
[
(b) or (c)
] of this section,
the season is closed for hunting turkey.
3.
SEASONS AND BAG LIMITS--FISHING PROVISIONS