31 TAC §§59.201 - 59.215
The Texas Parks and Wildlife Commission adopts the repeal
of §§59.201 - 59.215, concerning the Sea Rim State Park Hunting,
Fishing, and Trapping Proclamation, without changes to the proposed text as
published in the February 24, 2006, issue of the
Texas Register
(31 TexReg 1191).
Under Parks and Wildlife Code, §62.0631, the Texas Parks and Wildlife
Commission (the Commission) may provide an open season for recreational hunting
in Sea Rim State Park that is not inconsistent with sound biological management
practices normally exercised to protect or utilize the wildlife resources
occurring therein. In 1976, the Commission promulgated the Sea Rim State Park
Hunting, Fishing, and Trapping Proclamation. The department has determined
that the rules are no longer necessary, because Sea Rim State Park is a unit
of public hunting lands. All hunting, fishing, and trapping activity within
the park is regulated under the provisions of 31 TAC Chapter 65, Subchapter
H, which governs hunting on lands owned, leased, or administered by the department.
The proposed repeals are necessary to eliminate unnecessary and superfluous
regulations.
The repeals will function by eliminating unnecessary rules.
The department received one comment opposing adoption of the proposed repeals.
The commenter stated that Sea Rim State Park was not part of the public hunting
system and that hunting in the park was not covered under either the Statewide
Hunting and Fishing Proclamation or the Public Hunting Lands Proclamation.
The department agrees that hunting on Sea Rim State Park is not governed by
the Statewide Hunting and Fishing Proclamation; however, the department disagrees
that Sea Rim State Park is not a part of the public hunting system and responds
that under the provisions of Parks and Wildlife Code, §62.063, the commission
may prescribe the number, size, kind, and sex and the means and methods of
taking any wildlife during an open season in a state park, fort, or historic
site. Each year the commission approves the specific hunting opportunities
that are to take place each year on those state parks where hunting opportunity
is offered, including the prescribing of the number, size, kind, and sex of
wildlife to be taken and the means and methods of take.
No other comments were received by the department concerning adoption of
the proposed repeals.
The repeals are adopted under Parks and Wildlife Code, §62.0631,
which authorizes the commission to provide an open season for recreational
hunting in Sea Rim State Park that is not inconsistent with sound biological
management practices normally exercised to protect or utilize the wildlife
resources occurring therein.
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 May 16, 2006.
TRD-200602746
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: June 5, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 389-4775