31 TAC §65.315, §65.319
The Texas Parks and Wildlife Commission adopts amendments
to §65.315 and §65.319, concerning the Migratory Game Bird Proclamation,
without changes to the proposed text as published in the June 2, 2006, issue
of the
Texas Register
(31 TexReg 4570).
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 (to ensure that each
season begins on the desired day of the week). The amendment also implements
a 16-day teal season, which was approved by the U.S. Fish and Wildlife Service
(Service).
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 proposed 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 amendment to §65.315, concerning Open Seasons and Bag and Possession
Limits--Early Season Species, will function by establishing the season dates
for early-season species of migratory game birds.
The amendment to §65.319, concerning Extended Falconry Season--Early
Season Species, will function by establishing season dates for the take of
early-season species of migratory game birds by means of falconry.
The department received seven comments opposing adoption of the portion
of §65.315 affecting dove seasons. Of those seven comments, five expressed
a reason or rationale for opposing adoption. The comments, and the agency’s
response, are as follows.
One commenter opposed adoption of the proposed amendment and stated that
three million doves are illegally killed each season because of ‘double-bagging’
(taking more than the bag limit) and that lawful shooting hours should be
from noon to sunset. The department disagrees with the comment and responds
that there is no biological evidence that full-day hunting is detrimental
to dove populations; that repeated surveys have indicated high hunter preference
for full-day hunting; and that full-day hunting is clearly the better choice
in terms of providing the greatest hunter opportunity. No changes were made
as a result of the comment.
One commenter opposed adoption of the proposed amendment and stated that
the bulk of migratory doves seem to appear in southeast Texas in early December,
after the season has closed, but that by the time the winter segment opens
in late December, the birds usually have moved on further south. The commenter
stated that the winter segment in the South Zone therefore should open in
early December. The department disagrees with the comment and responds that
surveys indicate that hunter and landowner preference is for a winter segment
that begins after Christmas. The department also notes that it is the policy
of the Texas Parks and Wildlife Commission to provide the greatest amount
of hunting opportunity possible and to encourage youth and family hunting
activities. Opening the winter segment the day after Christmas provides the
greatest opportunity for family and youth hunting activities because children
are typically out of school and families are home for the holidays. No changes
were made as a result of the comment.
One commenter opposed adoption of the proposed amendment and stated that
there should be a winter segment in the North Zone. The department disagrees
with the comment and responds that hunter surveys indicate that a shorter
season and higher bag limit is preferred by 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
opening day should be on a Saturday or Sunday. The department disagrees with
the comment and responds that hunter preference is for the earliest possible
opener allowed under federal frameworks, which is September 1, irrespective
of the day of the week it may fall on. No changes were made as a result of
the comment.
One commenter opposed adoption of the proposed amendment and stated that
there were not enough doves in Karnes County and that therefore the season
should be longer. The department disagrees with the comment and responds that
the current winter segment is favored by a majority of hunters and landowners
in the South Zone.
The department received 39 comments supporting adoption of the proposed
amendment.
The department received no comments opposing adoption of the portion of
proposed §65.315 concerning rail seasons.
The department received 10 comments supporting adoption of the proposed
amendment.
The department received no comments opposing adoption of the portion of
proposed §65.315 concerning gallinule seasons.
The department received five comments supporting adoption of the proposed
amendment.
The department received three comments opposing adoption of the portion
of proposed §65.315 concerning teal seasons. Of those three comments,
two expressed a reason or rationale for opposing adoption. The comments, and
the agency’s response, are as follows.
One commenter opposed adoption of the proposed amendment and stated that
the bag limit should be five or six, like the regular season. The department
disagrees with the comment and responds that the bag limit for teal is the
maximum allowed under federal frameworks issued by the Service. No changes
were made as a result of the comment.
One commenter opposed adoption of the proposed amendment and stated that
the Service would not allow a season of greater than 14 days. The department
disagrees with the comment and responds that the Service has authorized a
16-day teal season. No changes were made as a result of the comments.
The department received 39 comments supporting adoption of the proposed
amendment.
The department received no comments opposing adoption of the portion of
proposed §65.315 concerning woodcock seasons.
The department received nine comments supporting adoption of the proposed
amendment.
The department received no comments opposing adoption of the portion of
proposed §65.315 concerning snipe seasons.
The department received 13 comments supporting adoption of the proposed
amendment.
The department received no comments concerning adoption of the proposed
amendment to §65.319, concerning Extended Falconry Season--Early Season
Species.
The department received no comments from any groups or associations concerning
adoption of the proposed amendments.
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.
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 12, 2006.
TRD-200603698
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: August 1, 2006
Proposal publication date: June 2, 2006
For further information, please call: (512) 389-4775