31 TAC §§65.310, 65.314, 65.315, 65.319
The Texas Parks and Wildlife Department (the department)
adopts amendments to §§65.310, 65.314, 65.315, and 65.319, concerning
the Migratory Game Bird Proclamation. Sections 65.314 and 65.315 are adopted
with changes to the proposed text as published in the May 13, 2005, issue
of the
Texas Register
(30 TexReg 2842). Sections
65.310 and 65.319 are adopted without changes and will not be republished.
The change to §65.314, concerning Zones and Boundaries for Early Season
Species, implements a Special Whitewing Dove Area (SWDA) different from that
described in the proposal. The department proposed to establish Interstate
Highway 37 as the eastern boundary of the SWDA. The U.S. Fish and Wildlife
Service (Service) did not approve the proposed expansion, but did authorize
the department to expand the SWDA to Interstate Highway 35. The change also
retains current terminology with respect to zone designations. The proposal
to increase the size of the SWDA was accompanied by a corresponding change
to rename the South Dove Zone as the Southeast Dove Zone. Owing to the relatively
modest increase in the size of the SWDA effected in this rulemaking, the current
description is deemed to be more appropriate and is therefore being retained.
The change to §65.315, concerning Open Seasons and Bag and Possession
Limits - Early Season Species, retains the current designation of a portion
of the state as the South Dove Zone, for reasons previously discussed in the
changes to §65.314. The change also increases the mourning dove bag limit
during the special whitewing dove season from three to four, which also causes
the possession limit for mourning doves to change from six to eight. The change
is necessary because although the department proposed a three-dove bag limit
to the Service as part of the proposed enlargement of the SWDA, the Service's
frameworks allowed a four-dove bag limit for mourning doves. In keeping with
the commission's policy of adopting regulations that offer the greatest opportunity
possible under federal frameworks for Texas hunters, the higher bag limit
is being adopted. The change also implements a nine-day teal season. The department
proposed a 16-day teal season, but the Service has authorized only nine days
of teal hunting in Texas, and the state cannot adopt season lengths longer
than those allowed by the Service.
The amendment to §65.310, concerning Zones and Boundaries for Early
Season Species, reinstate specific language from federal regulations delineating
the means and methods that are lawful and unlawful for the take of migratory
game birds. Prior to 1997, the Texas regulation governing means, methods,
and manners for the take of migratory game birds was a verbatim repetition
of the federal rules located at 50 CFR §20.21. The federal rules consist
of a list of lawful means, methods, and manners and a list of unlawful means,
methods, and manners. In 1997 the department initiated an effort to reduce
the overall volume of regulations. As part of that effort, the department
decided to reduce regulatory volume in the Migratory Game Bird Proclamation,
in part, by removing the lengthy list of
unlawful
means, methods, and manners from the rules and replacing that list
with a proviso that all means, methods, and manners other than those listed
as lawful were unlawful. In general, this approach has worked well over the
intervening years; however, there have been cases where confusion has arisen
and the department's Law Enforcement Division has determined that reinstatement
of the original wording is necessary.
The amendment to §65.314, concerning Zones and Boundaries for Early
Season Species, alters the zone boundaries of the South Zone and the Special
Whitewing Dove Area (SWDA). Increases in whitewing density and distribution
have eliminated the need for a restricted hunting area and season. Since the
inception of the SWDA in 1984, whitewings have expanded their breeding range
throughout Texas, with the highest densities located in urban areas of the
South Texas Plains south and west of San Antonio. Since 1994, more whitewings
have been counted annually in the expansion area than in their historic range.
Whitewings now dominate the bag of most hunters in the vicinity of the larger
towns (i.e., San Antonio, Hondo, Uvalde, Sabinal, and Brackettville) in the
Central Zone, where the hunting season opens September 1. However, equally
high densities occur farther south and east in Pearsall, Falfurrias, Kingsville,
Three Rivers, Freer, and George West, where hunters don't have access to them
until after September 20, by which time most whitewings have migrated out
of the area. The Service has authorized the department to enlarge the SWDA
by expanding it eastward to Interstate Highway 35. Nesting studies conducted
in the 1980s by the department indicate that the vast majority of white-winged
doves have finished nesting and fledged their young by September 1, whereas
for mourning doves, approximately 4% of nests were initiated after September
1, 6% of the seasonal eggs and nestlings were present after September 1, and
89% of nestlings have been fledged by that time. The impact of the boundary
change on mourning dove populations is expected to be minimal, since significantly
large numbers of mourning doves inhabit urban areas where ordinances prohibit
the discharge of firearms, and because the hunting season, although it would
begin earlier and nearer September 1, will be restricted to half-days on weekends
for the first two weeks of September (the current season structure for the
Special Whitewing Season). Additionally, the bag limit for mourning doves
in the SWDA is being reduced from five to four during the Special Whitewing
Season in order to reduce potential negative impacts on mourning dove populations.
The amendment to §65.315, concerning Open Seasons and Bag and Possession
Limits - Early Season Species, adjusts the season dates for early-season species
of migratory game birds to account for calendar-shift (an annual adjustment
to ensure that seasons open on the correct day of the week). Additionally,
the aggregate bag limit is increased from 10 to 12, while the bag limit for
mourning doves in the Special Whitewing Dove Area is reduced from five to
four during the Special Whitewing Season. The increase in the aggregate bag
limit will effectively be an increase in the whitewing dove bag limit, since
the mourning dove component of the whitewing bag limit is being reduced. The
mourning dove component of the aggregate bag limit is being reduced in order
to minimize potential negative impacts on mourning dove populations as a result
of enlarging the size of the area. Additionally, the amendment implements
a nine-day teal season.
The amendment to §65.319, concerning Extended Falconry Season--Early
Season Species, adjusts season dates for the take of early-season species
of migratory game birds by means of falconry to reflect calendar shift.
The amendments are generally necessary to implement commission policy to
provide the greatest hunter opportunity possible, consistent with hunter preference
for season starting dates and segment lengths, under frameworks issued by
the Service.
The amendments will function by establishing means, methods, special requirements,
times, and places for the hunting of early-season species of migratory game
birds, as well as daily bag and possession limits.
The department received 11 comments opposing adoption of the proposed amendment
to reinstate specific language from federal regulations delineating the means
and methods that are lawful and unlawful for the take of migratory game birds.
Two commenters articulated a specific reason or reasons for opposing adoption
of the proposed amendment. The comments and the agency response are as follows.
One commenter opposed adoption of the proposed amendment and stated that
rather than reproducing the federal regulatory language in the rules, the
department should cite a reference to the applicable federal law. The department
disagrees with the comment and responds that the purpose of the amendment
is to create a single reference for hunters. No changes were made as a result
of the comment.
One commenter opposed adoption of the proposed amendment and stated that
the court should decide if a violation occurred, based on the information
of the case, and that listing of lawful means should be sufficient to that
end. The department disagrees with the comment and responds that the intent
of the amendment is to remove confusion and doubt in the field, thereby possibly
preventing the need for determinations by the court in some cases. No changes
were made as a result of the comment.
The department received 57 comments supporting adoption of the rules.
The department received seven comments opposing adoption of the proposed
amendment to alter the zone boundaries of the South Zone and the Special Whitewing
Dove Area (SWDA). Three commenters articulated a specific reason or reasons
for opposing adoption of the proposed amendment. The comments and the agency
response are as follows.
Three commenters opposed adoption of the proposed amendment and stated
that the expansion of the SWDA should have included Victoria and the area
between U.S. Highway 77 and Interstate Highway 37. The department disagrees
with the comment and responds that the department has no authority to expand
the SWDA beyond the boundaries approved by the Service. No changes were made
as a result of the comments.
The department received 88 comments supporting adoption of the proposed
amendment.
The department received nine comments opposing adoption of the proposed
amendment establishing dove seasons and bag limits. Seven commenters articulated
a specific reason or reasons for opposing adoption of the proposed amendment.
The comments and the agency response are as follows.
One commenter opposed adoption of the proposed amendment and stated that
the proposed second split of the season in the Central Zone is far too short.
The commenter stated that dove numbers are healthy in this area and great
numbers of hunters seek them. The commenter also stated that the short second
split will impact retail sales for dove hunting equipment and needs. The department
disagrees with the comment and responds that hunter preference is for the
season structure as adopted. The department also responds that hunter numbers
and dove numbers are not dependent on the dates selected for hunting opportunity,
but on various factors of the natural world that are beyond the control of
the department. The department also responds that it does not believe the
timing of the second split is a factor affecting the retail sales of hunting
equipment. No changes were made as a result of the comment.
Four commenters opposed adoption of the proposed amendment and stated that
there should be a statewide 15-bird bag limit. The department disagrees with
the comments and responds that harvest and hunter surveys indicate that a
longer season and lower bag limit is favored by hunters in the South and Central
Zones, while the shorter season and higher bag limit is preferred by most
hunters in the North Zone. No changes were made as a result of the comments.
One commenter opposed adoption of the proposed amendment and stated that
daily limit in the North Zone should be reduced to 12 birds per day. The department
disagrees with the comment and responds that the shorter season and higher
bag limit is preferred by most hunters in the North Zone. No changes were
made as a result of the comment.
One commenter opposed adoption of the proposed amendment and stated that
the department should implement a winter segment in the North Zone. The department
disagrees with the comment and responds that harvest and hunter surveys indicate
that a longer season and lower bag limit is favored by most hunters in the
South and Central Zones, while the shorter season and higher bag limit is
preferred by hunters in the North Zone. No changes were made as a result of
the comments.
The department received 100 comments supporting adoption of the rules.
The department received no comments opposing adoption of the proposed amendment
establishing seasons and bag limits for gallinules. The department received
23 comments supporting adoption of the proposed amendment.
The department received nine comments opposing adoption of the proposed
amendment establishing seasons and bag limits for teal ducks. Four commenters
articulated a specific reason or reasons for opposing adoption of the proposed
amendment. The comments and the agency response are as follows.
One commenter opposed adoption of the proposed amendment and stated that
there should be a nine-day season beginning the September 22 or 23 because
the teal arrived late last year. The department disagrees with the comment
and responds that teal season is set to occur when the majority of teal are
in the state, and that the season as adopted is consonant with hunter preference.
No changes were made as a result of the comment.
Three commenters opposed adoption of the proposed amendment and stated
that the four-bird bag limit was too low. The department disagrees with the
comment and responds that the bag limit is the maximum permitted under federal
law. No changes were made as a result of the comments.
The department received 88 comments supporting adoption of the proposed
amendment.
The department received one comment opposing adoption of the proposed amendment
establishing seasons and bag limits for woodcock. The commenter stated that
the season on woodcock should be closed to allow numbers to increase. The
department disagrees with the comment and responds that woodcock populations
are not believed to be declining, and that in any event, hunting pressure
is slight and therefore not a significant factor in population variation.
The department received 29 comments supporting adoption of the proposed
amendment.
The department received no comments opposing adoption of the proposed amendment
establishing seasons and bag limits for snipe.
The department received 26 comments supporting adoption of the proposed
amendment.
The department received no comments opposing adoption of the proposed amendment
establishing seasons and bag limits for the take of early-season migratory
birds by means of falconry. The department received 14 comments supporting
adoption of the proposed amendment.
The amendments are adopted under Parks and Wildlife Code, Chapter
64, which authorizes the Commission and the Executive Director to provide
the open season and means, methods, and devices for the hunting and possessing
of migratory game birds.
§65.314.Zones and Boundaries for Early Season Species.
(a)
Rails: statewide.
(b)
Mourning and white-winged doves.
(1)
North Zone: That portion of the state north of a line beginning
at the International Bridge south of Fort Hancock; thence north along FM 1088
to State Highway 20; thence west along State Highway 20 to State Highway 148;
thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock;
thence east along Interstate Highway 10 to Interstate Highway 20; thence northeast
along Interstate Highway 20 to Interstate Highway 30 at Fort Worth; thence
northeast along Interstate Highway 30 to the Texas-Arkansas state line.
(2)
Central Zone: That portion of the state between the North
Zone and the South Zone.
(3)
South Zone: That portion of the state south of a line beginning
at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway
277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90
to State Loop 1604; thence following Loop 1604 south and east to Interstate
Highway 10; thence east along Interstate Highway 10 to the Texas-Louisiana
State Line.
(4)
Special white-winged dove area: That portion of the state
south and west of a line beginning at the International Toll Bridge in Del
Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del
Rio; thence east along U.S. Highway 90 to State Loop 1604; thence along Loop
1604 south and east to Interstate Highway 35, thence south along Interstate
Highway 35 to State Highway 44; thence east along State Highway 44 to State
Highway 16 at Freer; thence south along State Highway 16 to State Highway
285 at Hebbronville; thence east along State Highway 285 to FM 1017; thence
southeast along FM 1017 to State Highway 186 at Linn; thence east along State
Highway 186 to the Mansfield Channel at Port Mansfield; thence east along
the Mansfield Channel to the Gulf of Mexico.
(c)
Gallinules (Moorhen or common gallinule and purple gallinule):
statewide.
(d)
Teal ducks (blue-winged, green-winged, and cinnamon): statewide.
(e)
Woodcock: statewide.
(f)
Wilson's (Common) snipe: statewide.
§65.315.Open Seasons and Bag and Possession Limits--Early Season.
(a)
Rails.
(1)
Dates: September 10 - 25, 2005 and October 29 - December
21, 2005.
(2)
Daily bag and possession limits:
(A)
king and clapper rails: 15 in the aggregate per day; 30
in the aggregate in possession.
(B)
sora and Virginia rails: 25 in the aggregate per day; 25
in the aggregate in possession.
(b)
Dove seasons.
(1)
North Zone.
(A)
Dates: September 1 - October 30, 2005.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(2)
Central Zone.
(A)
Dates: September 1 - October 30, 2005 and December 26,
2005 - January 4, 2006.
(B)
Daily bag limit: 12 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 24 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(3)
South Zone.
(A)
Dates: Except in the special white-winged dove area as
defined in §65.314 of this title (relating to Zones and Boundaries for
Early Season Species), September 23 - November 10, 2005 and December 26, 2005
- January 15, 2006.
(B)
Daily bag limit: 12 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 24 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(4)
Special white-winged dove area.
(A)
Dates: September 3, 4, 10, and 11, 2005.
(i)
Daily bag limit: 12 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than four mourning doves and two white-tipped doves per day;
(ii)
Possession limit: 24 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than eight mourning
doves and four white-tipped doves in possession.
(B)
Dates: September 23 - November 10, 2005 and December 26,
2005 - January 11, 2006.
(i)
Daily bag limit: 12 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than two white-tipped doves per day;
(ii)
Possession limit: 24 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than four white-tipped
doves in possession.
(c)
Gallinules.
(1)
Dates: September 10 - 25, 2005 and October 29 - December
21, 2005.
(2)
Daily bag and possession limits: 15 in the aggregate per
day; 30 in the aggregate in possession.
(d)
September teal-only season.
(1)
Dates: September 17 - 25, 2005.
(2)
Daily bag and possession limits: four in the aggregate
per day; eight in the aggregate in possession.
(e)
Red-billed pigeons, and band-tailed pigeons. No open season.
(f)
Shorebirds. No open season.
(g)
Woodcock: December 18, 2005 - January 31, 2006. The daily
bag limit is three. The possession limit is six.
(h)
Wilson's snipe (Common snipe): October 29, 2005 - February
12, 2006. The daily bag limit is eight. The possession limit is 16.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 25, 2005.
TRD-200503022
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 14, 2005
Proposal publication date: May 13, 2005
For further information, please call: (512) 389-4775