31 TAC §§65.310, 65.314, 65.315, 65.318 - 65.321
The Texas Parks and Wildlife Department (the department)
proposes amendments to §§65.310, 65.314, 65.315, and 65.318 - 65.321,
concerning the Migratory Game Bird Proclamation.
The amendment to §65.310, concerning Means, Methods, and Special Requirements,
would 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, would alter the zone boundaries of the South Zone and the
Special Whitewing Dove Area (SWDA) and rename the South Zone the Southeast
Zone. The current SWDA boundary no longer serves a useful purpose because
whitewing density and distribution have increased, meaning whitewing populations
in South Texas no longer need the protection of a restricted hunting area
or 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. Therefore, the department has made
a formal proposal to the U.S. Fish and Wildlife Service (Service), through
the Central Flyway Council, to enlarge the SWDA by expanding it eastward to
Interstate Highway 37, which would roughly double its size. 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
proposed 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 department
proposes to reduce the bag limit for mourning doves in the SWDA from 5 to
3 during the Special Whitewing Season in order to reduce potential negative
impacts on mourning dove populations. The proposal must be approved by the
Service before it can be implemented.
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 department proposes to increase the aggregate bag limit while reducing
the bag limit for mourning doves in the Special Whitewing Dove Area from 10
to 12 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 proposed amendment would
implement a 16-day teal season. The proposal must be approved by the Service
before it can be implemented.
The amendment to §65.318, concerning Open Seasons and Bag and Possession
Limits - Late Season Species, adjusts the season dates for late-season species
of migratory game birds to account for calendar-shift, with the exceptions
of the proposed South Zone duck season and the white-fronted goose seasons.
The department last year implemented an exploratory season for ducks in the
South Zone to see if hunters would respond favorably to an increased opportunity
for the take of early arrivals. Surveys indicate, however, a strong hunter
preference for a later opener for the first split. Therefore, the department
is proposing a later opener for the first split in the South Zone. The seasons
for white-fronted geese in previous years have been 86 days long. However,
recent declines in the mid-continent white-fronted goose populations are a
cause for concern. The estimated population in 1999 was 980,000. That population
in 2004 had declined to 650,000. This decline is not of a magnitude or even
close to a magnitude to threaten depletion of the resource, as the population
is well within limits for recuperative potential; however, the department
is concerned and chooses to employ a cautious approach. Therefore, the department
is proposing a reduction in season length to 72 days. The proposed amendment
also sets forth conditional bag limits for ducks, coots, and mergansers. The
current and proposed bag limits for these species reflect the continuing concerns
of the U.S. Fish and Wildlife Service over breeding populations of canvasback
and pintail ducks. For the last two years, the Service has not authorized
full-season hunting opportunity for those two species, electing to require
states to impose a truncated season-within-a-season instead.
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 amendment to §65.320, concerning Extended Falconry Season--Late
Season Species, adjusts season dates for the take of late-season species of
migratory game birds by means of falconry, also to reflect calendar shift.
The amendment to §65.321, concerning Special Management Provisions,
also adjusts dates for the take of light geese during the special conservation
season to account for 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 Service has not issued regulatory frameworks for the 2005-2006
hunting seasons for migratory game birds; thus, the department cautions that
the proposed regulations are tentative and may change significantly, depending
on federal actions. However, it is the policy of the commission to adopt the
most liberal provisions possible, consistent with hunter preference, under
the frameworks in order to provide maximum hunter opportunity.
Robert Macdonald, Wildlife Division regulations coordinator, has determined
that for the first five years that the amendments as proposed are in effect,
there will be no additional fiscal implications to state or local governments
of enforcing or administering the amendments.
Mr. Macdonald also has determined that for each of the first five years
the amendments are in effect, the public benefit anticipated as a result of
enforcing the rules as proposed will be the department's discharge of its
statutory obligation to manage and conserve the state's populations of migratory
game birds, as well as the implementation of commission policy to maximize
recreational opportunity for the citizenry.
There will be no adverse economic effect on small businesses or microbusinesses
and no additional economic costs to persons required to comply with the rules
as proposed.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, §2001.022, as the department
has determined that the rules as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted to Vernon Bevill, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744;
(512) 389-4578 or 1-800-792-1112.
The amendments are proposed 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.
The amendments affect Parks and Wildlife Code, Chapter 64.
§65.310.Means, Methods, and Special Requirements.
(a)
The following means and methods are lawful,
subject to control of subsection (b) of this section, in the taking of migratory
game birds:
(1)
dogs, artificial decoys, manual or mouth-operated birdcalls,
lawful archery equipment (except crossbows), legal shotguns, and by means
of falconry;
(2)
positions in the open or from a blind or other place of
concealment except a sinkbox;
(3)
taking from floating craft (other than a sinkbox), provided
that at the time of take:
(A)
any motion by the craft is the result of manual propulsion
or natural current or wind, and not by sail or motive power; and
(B)
any sails are furled and any motor is completely shut off;
(4)
taking on or over unbaited areas;
(5)
taking by the use of power boats, sailboats, or other craft
when used solely as a means of picking up dead or injured birds; and
(6)
taking by means of falconry, but the hunting is limited
to persons holding valid falconry permits issued under the authority of Parks
and Wildlife Code, Chapter 49.
(b)
Paraplegics and single or double amputees
of the legs may take migratory game birds from a stationary motor vehicle
or motor-driven land conveyance.
(c)
Except as specifically provided in §65.321
of this title (relating to Special Management Provisions), the following means
and methods are unlawful in the taking of migratory game birds:
(1)
trap, snare, net, crossbow, fish hook, poison, drug, explosive,
or stupefying substance;
(2)
any firearm other than a legal shotgun;
(3)
from, or by means, aid, or use of a sinkbox, motor-driven
conveyance, motor vehicle, or aircraft of any kind;
(4)
by the use of recorded or electrically amplified birdcalls
or sounds;
(5)
by the use of live birds as decoys;
(6)
by the means or aid of motor-driven land, water, or air
conveyance or sailboat used for the purpose of or resulting in the concentrating,
driving, rallying, or stirring up of any migratory game bird; and
(7)
by the aid of baiting, or on or over any baited area, where
a person knows or reasonably should know that the area is or has been baited.
However, nothing in this paragraph prohibits:
(A)
the taking of any migratory game bird, including waterfowl,
coots, and cranes, on or over the following lands or areas that are not otherwise
baited areas:
(i)
standing crops or flooded standing crops (including aquatics);
(ii)
standing, flooded, or manipulated natural vegetation;
flooded harvested croplands; or lands or areas where seeds or grains have
been scattered solely as the result of a normal agricultural planting, harvesting,
post-harvest manipulation or normal soil stabilization practice;
(iii)
from a blind (or any other place of concealment) camouflaged
with natural vegetation;
(iv)
from a blind (or any other place of concealment) camouflaged
with vegetation from agricultural crops, as long as such camouflaging does
not result in the exposing, depositing, distributing or scattering of grain
or other feed; or
(v)
standing or flooded standing agricultural crops where grain
is inadvertently scattered solely as a result of a hunter entering or exiting
a hunting area, placing decoys, or retrieving downed birds.
(B)
the taking of any migratory game bird, except waterfowl,
coots and cranes, on or over lands or areas that are not otherwise baited
areas, and where grain or other feed has been distributed or scattered solely
as the result of manipulation of an agricultural crop or other feed on the
land where grown, or solely as the result of a normal agricultural operation.
[(a)
It is unlawful to hunt migratory game
birds by any means or method other than as authorized in this section.]
[(1)
Lawful means: lawful archery equipment (except crossbows),
legal shotguns, and falconry.]
[(2)
Lawful methods: It is lawful to hunt:]
[(A)
with dogs, artificial decoys, manual or mouth-operated
birdcalls;]
[(B)
in the open or from a blind or other place of concealment
except a sinkbox; including but not limited to:]
[(i)
blinds camouflaged with natural vegetation; and]
[(ii)
blinds camouflaged with vegetation from agricultural
crops, as long as such camouflaging does not result in the exposing, depositing,
distributing, or scattering of grain or other feed;]
[(C)
from floating craft (other than a sinkbox), provided that
at the time of hunting:]
[(i)
any motion by the craft is the result of manual propulsion
or natural current or wind, and not by sail or motive power; and]
[(ii)
any sails are furled and any motor is completely shut
off;]
[(D)
on or over unbaited areas, including:]
[(i)
standing crops or flooded standing crops; and]
[(ii)
flooded harvested cropland.]
[(E)
by the use of power boats, sailboats, or other craft when
used solely as a means of picking up dead or injured birds;]
[(F)
from any stationary motor vehicle or motor-driven land
conveyance, provided the hunter is missing at least one leg or is a paraplegic;]
[(G)
on or over standing, flooded, or manipulated natural vegetation;]
[(H)
on or over lands or areas where seeds or grains have been
scattered solely as a result of a normal agricultural practice or pre-harvest
manipulation of an agricultural crop, except that waterfowl and cranes may
not be hunted where grain or other feed has been distributed or scattered
as the result of:]
[(i)
pre-harvest manipulation of an agricultural crop; or]
[(ii)
livestock feeding;]
[(I)
on or over normal soil stabilization practice; and]
[(J)
on or over crops where grain has been inadvertently scattered
as a result of a hunter entering or exiting a hunting area, placing decoys,
or retrieving downed birds.]
[(b)
No person may possess shotgun shells
containing any shot material, or loose shot for muzzleloading firearms, other
than nontoxic shot while hunting waterfowl anywhere in Texas, including the
shooting of privately owned banded pen-reared mallards on licensed private
bird hunting areas.]
[(c)
Nothing in this subchapter applies to
persons taking birds pursuant to valid collection or depredation permits when
operating within the terms of such permits.]
[(d)
Except for migratory birds processed
at a cold storage or processing facility, or doves, one fully-feathered wing
or the head must remain attached on dressed migratory game birds while the
birds are being transported between the place where taken and the personal
residence of the possessor.]
[(e)
No person may place or direct the placement
of bait on or adjacent to an area for the purpose of causing, inducing, or
allowing any person to take or attempt to take any migratory game bird by
the aid of baiting on or over the baited area.]
§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
Southeast
[
South
] Zone.
(3)
Southeast
[
South
] Zone:
That
portion of the state within the area circumscribed by line beginning at Interstate
Highway 10 at the Louisiana border, thence west along I-10 to State Loop 1604
east of San Antonio, thence south and west along Loop 1604 to Interstate Highway
37, thence south and east along I-37 to its junction with State Highway 358,
thence south and east along State Highway 358 to its junction with Park Road
22, thence south and east along Park Road 22 to the Kleberg-Nueces county
line, thence east along the county line to the Gulf of Mexico, thence north
and east along the Gulf of Mexico to Sabine Pass, and thence north along the
Texas-Louisiana border through Sabine Lake and the Sabine River to I-10.
[
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 within the area circumscribed by a line beginning at the Del Rio/Ciudad
Acuña International Bridge southwest of Del Rio, thence northeast along
U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio, thence proceeding east
along U.S. 90 to State Loop 1604 west of San Antonio, thence south and east
along Loop 1604 to Interstate Highway 37, thence south and east along I-37
to its junction with State Highway 358, thence south and east along State
Highway 358 to its junction with Park Road 22, thence south and east along
Park Road 22 to the Kleberg-Nueces county line, thence east along the county
line to the Gulf of Mexico, thence east and south along the shoreline of the
Gulf of Mexico to the Rio Grande River; and thence west and north along the
Rio Grande River to the International Bridge south of Del Rio.
[
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 United States
Highway 83 at Uvalde; thence south along U.S. Highway 83 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
[
September 11 - 26, 2004 and October 30 - December 22,
2004
].
(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
[
September 1 - October 30, 2004.
]
(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
[
September 1 - October 31, 2004 and
December 26, 2004 - January 3, 2005
].
(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)
Southeast
[
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
[
September 24 - November 10, 2004 and
December 26, 2004 - January 16, 2005
].
(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
[
September 4, 5, 11, and 12, 2004
].
(i)
Daily bag limit:
12
[
10
] white-winged
doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate
to include no more than
three
[
five
] mourning doves
and two white-tipped doves per day;
(ii)
Possession limit:
24
[
20
] white-winged
doves, mourning doves, and white-tipped doves in the aggregate to include
no more than
six
[
10
] mourning doves and four white-tipped
doves in possession.
(B)
Dates:
September 23 - November 10, 2005 and December
26, 2005 - January 11, 2006
[
September 24 - November 10, 2004 and
December 26, 2004 - January 12, 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 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
[
September 11 - 26, 2004 and October 30 - December 22,
2004
].
(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 10 - 25, 2005
[
September
18 - 26, 2004
].
(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
[
December 18, 2004 - January 31, 2005
]. The daily bag limit is three.
The possession limit is six.
(h)
Wilson's snipe (Common snipe):
October 29, 2005 -
February 12, 2006
[
October 30, 2004 - February 13, 2005
].
The daily bag limit is eight. The possession limit is 16.
§65.318.Open Seasons and Bag and Possession Limits--Late Season.
Except as specifically provided in this section, the possession limit
for all species listed in this section shall be twice the daily bag limit.
(1)
Ducks, mergansers, and coots. The daily bag limit for ducks
is six, which may include no more than five mallards or Mexican mallards (Mexican
duck), only two of which may be hens, three scaup, one mottled duck, one canvasback,
one pintail, two redheads, and two wood ducks. The daily bag limit for coots
is 15. The daily bag limit for mergansers is five, which may include no more
than one hooded merganser. Canvasback and pintail may be taken only during
the restricted seasons provided for those species.
(A)
High Plains Mallard Management Unit:
September 26
- October 3, 2005, and October 29 - January 24, 2006
[
September
27 - October 4, 2004, and October 30 - January 25, 2005
]. The open season
for pintail and canvasback begins
December 17, 2005 and runs through
January 24, 2006
[
December 18, 2004 and runs through January 25,
2005
].
(B)
North Zone:
November 5 - 27, 2005 and December 10
- January 29, 2006
[
November 6 - 28, 2004 and December 11 - January
30, 2005
]. The open season for pintail and canvasback begins
December
22, 2004 and runs through January 29, 2006
[
December 23, 2004 and
runs through January 30, 2005
].
(C)
South Zone:
October 29 - November 27, 2004 and December
10, 2004 - January 22, 2006
[
September 27 - October 3, 2004, and
November 13, 2004 - January 18, 2005
]. The open season for pintail and
canvasback begins
December 15, 2004 and runs through January 22, 2006
[
December 11, 2004 and runs through January 18, 2005
].
(2)
Geese.
(A)
Western Zone.
(i)
Light geese:
November 5, 2005 - February 7, 2006
[
October 30, 2004 - February 1, 2005
]. The daily bag limit for light
geese is 20, and there is no possession limit.
(ii)
Dark geese:
November 5, 2005 - February 7, 2006
[
October 30, 2004 - February 1, 2005
]. The daily bag limit for dark geese
is four, which may not include more than three Canada geese or more than one
white-fronted goose.
(B)
Eastern Zone.
(i)
Light geese:
October 29, 2005 - January 29, 2006
[
November 6, 2004 - January 30, 2005
]. The daily bag limit for light
geese is 20, and there is no possession limit.
(ii)
Dark geese:
November 19, 2005 - January 29, 2006
[
November 6, 2004 - January 30, 2005
]. The daily bag limit
for dark geese is five, no more than three of which may be Canada geese and
no more than two of which may be two white-fronted geese.
(3)
Sandhill cranes. A free permit is required of any person
to hunt sandhill cranes in areas where an open season is provided under this
proclamation. Permits will be issued on an impartial basis with no limitation
on the number of permits that may be issued.
(A)
Zone A:
November 5, 2005 - February 5, 2006
[
November 6, 2004 - February 1, 2005
]. The daily bag limit is three.
The possession limit is six.
(B)
Zone B:
November 26, 2005 - February 5, 2006
[
November 27, 2004 - February 1, 2005
]. The daily bag limit is three.
The possession limit is six.
(C)
Zone C:
December 17, 2004 - January 22, 2005
[
December 18, 2004 - January 16, 2005
]. The daily bag limit is two. The
possession limit is four.
(4)
Special Youth-Only Season. There shall be a special youth-only
duck season during which the hunting, taking, and possession of ducks, mergansers,
and coots is restricted to licensed hunters 15 years of age and younger accompanied
by a person 18 years of age or older, except for persons hunting by means
of falconry under the provisions of §65.320 of this chapter (relating
to Extended Falconry Season--Late Season Species). Bag and possession limits
in any given zone during the season established by this paragraph shall be
as provided for that zone by paragraph (1) of this section, except that pintail
ducks and canvasback ducks may be taken. The bag limit for pintail ducks is
one per day and the bag limit for canvasback ducks is one per day. The possession
limit is two. Season dates are as follows:
(A)
High Plains Mallard Management Unit:
October 22 -
23, 2005
[
October 23 - 24, 2004
];
(B)
North Zone:
October 29 - 30, 2005
[
October
30 - 31, 2004
]; and
(C)
South Zone:
October 22 - 23, 2005
[
October
30 - 31, 2004
].
§65.319.Extended Falconry Season--Early Season Species.
(a)
It is lawful to take the species of migratory birds listed
in this section by means of falconry during the following Extended Falconry
Seasons:
(1)
mourning doves and white-winged doves:
November 19
- December 25, 2005
[
November 19 - December 25, 2004
].
(2)
rails and gallinules:
December 22, 2005 - January
27, 2006
[
December 23, 2004 - January 28, 2005
].
(3)
woodcock:
November 24 - December 17, 2005 and February
1 - March 10, 2006
[
November 24 - December 17, 2004 and February
1 - March 9, 2005
].
(b)
The daily bag and possession limits for migratory game
birds under this section shall not exceed three and six birds respectively,
singly or in the aggregate.
§65.320.Extended Falconry Season--Late Season Species.
It is lawful to take the species of migratory birds listed in this
section by means of falconry during the following Extended Falconry Seasons.
(1)
Ducks, coots, and mergansers:
(A)
High Plains Mallard Management Unit: no extended season;
(B)
North Duck Zone:
January 30 - February 13, 2006
[
January 31 - February 21, 2005
];
(C)
South Duck Zone:
January 23 - February 7, 2006
[
January 19 - February 9, 2005
].
(2)
The daily bag and possession limits for migratory game
birds under this section shall not exceed three and six birds, respectively,
singly or in the aggregate.
§65.321.Special Management Provisions.
The provisions of paragraphs (1) - (3) of this section apply only to
the hunting of light geese. All provisions of this subchapter continue in
effect unless specifically provided otherwise in this section; however, where
this section conflicts with the provisions of this subchapter, this section
prevails.
(1)
Means and methods. In addition to the means and methods
authorized in §65.310(a) of this title (relating to Means , Methods,
and Special Requirements), the following means and methods are lawful during
the time periods set forth in paragraph (4) of this section:
(A)
shotguns capable of holding more than three shells; and
(B)
electronic calling devices.
(2)
Possession. During the time periods set forth in paragraph
(4) of this section:
(A)
there shall be no bag or possession limits; and
(B)
the provisions of §65.312 of this title (relating
to Possession of Migratory Game Birds) do not apply; and
(C)
a person may give, leave, receive, or possess legally taken
light geese or their parts, provided the birds are accompanied by a wildlife
resource document from the person who killed the birds. The wildlife resource
document is not required if the possessor lawfully killed the birds; the birds
are transferred at the personal residence of the donor or donee; or the possessor
also possesses a valid hunting license, a valid waterfowl stamp, and is HIP
certified. The wildlife resource document shall accompany the birds until
the birds reach their final destination, and must contain the following information:
(i)
the name, signature, address, and hunting license number
of the person who killed the birds;
(ii)
the name of the person receiving the birds;
(iii)
the number and species of birds or parts;
(iv)
the date the birds were killed; and
(v)
the location where the birds were killed (e.g., name of
ranch; area; lake, bay, or stream; county).
(3)
Shooting hours. During the time periods set forth in paragraph
(4) of this section, shooting hours are from one half-hour before sunrise
until one half-hour after sunset.
(4)
Special Light Goose Conservation Period.
(A)
From
January 30, 2006 - March 26, 2006
[
January 31, 2005 through March 27, 2005
], the take of light geese is
lawful in Eastern Zone as defined in §65.317 of this title (relating
to Zones and Boundaries for Late Season Species).
(B)
From
February 8 - March 26, 2006
[
February
2 - March 27, 2005
], the take of light geese is lawful in the Western
Zone as defined in §65.317 of this title (relating to Zones and Boundaries
for Late Season Species).
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 May 2, 2005.
TRD-200501768
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 389-4775