PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
SUBCHAPTER N. MIGRATORY GAME BIRD PROCLAMATION
31 TAC §§65.310, 65.315, 65.319
The Texas Parks and Wildlife Department (the department) adopts amendments to §§65.310, 65.315, and 65.319, concerning the Migratory Game Bird Proclamation. Section 65.315, concerning Open Seasons and Bag and Possession Limits--Early Season, is adopted with changes to the proposed text as published in the June 27, 2008, issue of the Texas Register (33 TexReg 4965). Section 65.310 and §65.319 are adopted without changes and will not be republished.
The change to §65.315 retains the season structure from previous years in the South Dove Zone. The rule as proposed would have removed one week of hunting opportunity from the end of the first season segment in the South Zone and added it to the end of the second season segment. Although public comment was supportive of the proposed amendment, the department has decided to retain the traditional structure because of other considerations resulting from public comment. This change also necessitates a change to §65.315(b)(4)(B) to adjust the season dates in the Special White-winged Dove Area, which is part of the South Zone.
The department received a great deal of public comment addressing opening dates and bag limits, particularly in the context of the impact of high energy prices on hunting activity. In keeping with hunter and landowner preferences, dove seasons have traditionally been opened on the earliest day legally allowed under frameworks established by the U.S. Fish and Wildlife Service, irrespective of which day of the week the date fell. Under the federal frameworks, the north and central dove zones cannot open earlier than September 1, which this year falls on a Monday. Federal frameworks also specify that the earliest day the South Dove Zone can open is September 20 (there is an exception for four days of half-day white-winged dove hunting in the Special White-winged Dove Area during the first two weekends in September), which this year falls on a Saturday. Additionally, the department has the option in each dove zone of having either a 70-day season with a 12-bird bag limit or a 60-day season with a 15-bird bag limit.
Public comment received by the department indicates a strong preference for seasons to open on a Friday, so as to create a three-day hunting opportunity to open the season. Public comment also indicates a preference for the 60-day/15-bird configuration in the South Zone. A recurrent theme was the concern that increased consumer costs, particularly transportation costs related to energy prices, make anything less than a three-day opening weekend economically unjustifiable. Similarly, proponents of the 60-day/15-bird configuration stated that economic considerations would cause them to curtail the number of times they could go hunting, leading them to prefer a higher daily bag limit. In the past, hunters and others have expressed an aversion to delaying the opening day until the first full weekend, preferring the earliest possible opener.
In evaluating the public comment, the department concluded that it should initiate an intensive effort to gauge the interest of all involved parties--hunters, landowners, outfitters, communities--in the possibility of altering traditional and longstanding dove season structures. In light of this, the department determined that rather than alter the season structure for 2008-2009 season only to possibly alter it again the following year, it was prudent to retain the current segment structure that everyone is familiar with while surveying attitudes in general about changes to dove seasons for the 2009-2010 seasons.
The amendment to §65.310, concerning Means and Methods, clarifies that lead shot is lawful for the take of migratory game birds other than waterfowl. Federal law mandates the use of specific types of non-toxic shot for the take of waterfowl. The current rules define "non-toxic shot" as any shot approved by the director of the U.S. Fish and Wildlife Service (Service). Since federal rules allow the use of lead shot for species other than waterfowl, it is therefore regarded as "non-toxic" in that context. The amendment would state this explicitly, rather than leave it to deduction. The amendment is necessary to eliminate potential confusion for hunters.
The amendment to §65.315, concerning Open Seasons and Bag and Possession Limits--Early Season, adjusts the season dates for early-season species of migratory game birds to account for calendar-shift (i.e., to ensure that seasons open on the desired day of the week, since dates from a previous year do not fall on the same days in following years).
The amendment to §65.315 also implements a 16-day statewide teal season to run September 13 - 28, 2008.
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 amendment to §65.310 will function making it clear that lead shot is lawful for taking migratory birds other than waterfowl.
The amendment to §65.315 will function by establishing the seasons and bag limits for the hunting of early-season species of migratory game birds.
The amendment to §65.319 will function by establishing the season length and bag limits for the take of early-season species of migratory game birds by means of falconry.
The department received no comments concerning the adoption of the proposed amendment to §65.310, concerning Means and Methods.
The department received 28 comments opposed to the adoption of the proposed North Zone dove season. Of the 28 comments, 27 offered a specific reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, are as follows. The department notes that dove season structures have historically been based on hunter preference, so long as it does not conflict with sound biological management or federal law. Public comment received this year indicates a possible shift in public sentiment regarding traditional dove seasons. The department intends to conduct extensive outreach to determine if there is public support for alteration of traditional season structures, bag limits, and opening dates for future seasons.
One commenter opposed adoption and stated that all dove seasons should open on a Saturday. The department disagrees with the comment and responds that hunter preference historically has been for seasons to begin on the early date possible under federal law, irrespective of the day of the week that the opener falls on. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season in the North Zone should start on a Saturday. The department disagrees with the comment and responds that hunter preference historically has been for seasons to begin on the early date possible under federal law, irrespective of the day of the week that the opener falls on. No changes were made as a result of the comment.
Three commenters opposed adoption and stated that there should be a 70-day season with a 12-bird bag limit in the North Zone. The department disagrees with the comment and responds that hunter preference historically has been for a 60-day season and a 15-bird bag limit. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should run the month of September and one week in each of December and January. The department disagrees with the comment and responds that hunter surveys have historically indicated a preference for a continuous North Zone season and that in any event, federal law prohibits more than one split in each zone. No changes were made as a result of the comment.
Two commenters opposed adoption and stated that there should be a late dove season in the North Zone. The department disagrees with the comments and responds that hunter surveys historically have indicated a preference for a continuous North Zone season beginning the earliest possible day under federal frameworks. No changes were made as a result of the comment.
Eight commenters opposed adoption and stated that the season should begin on August 30. The department disagrees with the comments and responds that federal law prohibits the opening of dove season in the North Zone prior to September 1. No changes were made as a result of the comments.
One commenter opposed adoption and stated that the daily bag limit should be the same as the rest of the state. The department disagrees with the comment and responds that public comment in the past has been supportive of a higher daily bag limit in the North Zone, which necessitates a shorter season. No changes were made as a result of the comment.
One commenter opposed adoption and stated that there should be a late dove season in December or early January. The department disagrees with the comment and responds that hunter surveys historically have indicated a preference for a continuous season in the North Zone.
One commenter opposed adoption and stated that the season should begin the Saturday closest to September 1. The department disagrees with the comment and responds that since federal law prohibits the opening of any dove season before September 1 and hunter preference has historically been for the earliest possible opening day under federal frameworks, opening the season on the Saturday closest to September 1 would mean that unless September 1 fell on a Saturday, the season would always open later than September 1, which conflicts with historical hunter preference. No changes were made as a result of the comment.
Two commenters opposed adoption and stated that bag limits should be the same statewide. The department disagrees with the comment and responds that public comment in the past has been supportive of differential bag limits between zones. No changes were made as a result of the comments.
Two commenters opposed adoption and stated that the season should open on the Saturday before Labor Day. The department disagrees with the comment and responds that since federal law prohibits the opening of any dove season before September 1 and hunter preference has historically been for the earliest possible opening day under federal frameworks, opening the season on the Saturday before Labor Day is impossible in most years. No changes were made as a result of the comment.
One commenter opposed adoption and stated that "issues should have been dealt with and published long before now," because many companies are now requiring employees to request vacation/leave time anywhere from six months to a year in advance. The commenter also stated that "waiting until August to publish and finalize season dates creates unnecessary planning difficulties for hunters." The department, while sympathetic to the comment, responds that the season dates are selected by the department from federal frameworks that are issued on an annual basis. Typically, the federal frameworks are not issued until late June. Therefore, the proposed season dates published for public comment are a) always tentative in nature and b) not published for public comment until May or June. This system has been in place for over 50 years and the department cannot modify it. No changes were made as a result of the comment.
The department received 89 comments supporting adoption of the portion of the proposed amendment affecting North Zone dove season.
The department received 55 comments opposed to the adoption of the proposed Central Zone dove season. All 55 comments offered a specific reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, are as follows.
The department received 22 comments that opposed adoption and stated that the daily bag limit should be increased to 15 birds. The department disagrees with the comments and responds that hunter preference has historically been for a longer season, even if it means a lower daily bag limit. No changes were made as a result of the comments.
Three commenters opposed adoption and stated that season should be continuous. The department disagrees with the comments and responds that hunter preference has historically been for a segmented season structure. No changes were made as a result of the comments.
One commenter opposed adoption and stated that the season should always start on a Saturday. The department disagrees with the comment and responds that hunter preference has historically been for the earliest possible opening date, irrespective of the day of the week. No changes were made as a result of the comment.
Three commenters opposed adoption and stated that the season should start on the Friday prior to September 1. The department disagrees with the comment and responds that federal law prohibits any dove season from opening prior to September 1. No changes were made as a result of the comments.
One commenter opposed adoption and stated that the season should run for the entire month of October, with one week in each of December and January. The department disagrees with the comment and responds that the current season structure has historically been set in such a fashion as to allow greater hunting opportunity during the Christmas break, when more people, especially youth, are able to take advantage of opportunity. Additionally, the department notes that the federal frameworks do not allow more than two segments in any zone. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should begin on the first Friday in September. The department disagrees with the comment and responds that hunter preference has historically been for the earliest possible opening day, irrespective of the day of the week. Since the federal frameworks typically provide for a September 1 opener, opening the season on the first Friday in September would conflict with historical hunter preference in some if not most years. No changes were made as a result of the comment.
Four commenters stated that the season dates and bag limits should be the same in every zone. The department disagrees with the comment and responds that the federal frameworks typically allow the department to open the season on September 1 in the Central and North zones and September 20 in the South Zone. Therefore, the opening day in the North and Central zones would have to be delayed in order to provide a uniform opening day statewide, which would conflict with historical hunter preference for the earliest opening day possible under federal frameworks. No changes were made as a result of the comments.
One commenter opposed adoption and stated that seven days should be removed from the first segment to create an additional segment for Thanksgiving week and 16 additional days should be removed from the first segment and added to the current second segment. The department disagrees with the comment and responds that although the current season structure has historically been set in such a fashion as to allow greater hunting opportunity during the Christmas break, when more people, especially youth, are able to take advantage of opportunity, the federal frameworks currently in effect limit Texas to no more than two season segments in each zone. Additionally, hunter preference, though supportive of the traditional winter segment, has historically been for the first segment to run as long as possible. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the Central Zone season should be the same as the proposed South Zone dove season. The department disagrees with the comment and responds that hunter preference has historically been for the earliest opening day possible under federal frameworks. Since federal frameworks typically allow the department to open the season on September 1 in the Central Zone and September 20 in the South Zone, the Central Zone opener would have to be delayed in order to provide a uniform opening day statewide, which would conflict with historical hunter preference for the earliest opening day possible under federal frameworks. No changes were made as a result of the comment.
Sixteen commenters opposed adoption and stated that the season should begin August 30. The department disagrees with the comments and responds that federal law prohibits the opening of any dove season prior to September 1. No changes were made as a result of the comments.
One commenter opposed adoption and stated that the season should begin the weekend before Labor Day. The department disagrees with the comment and responds that since federal law prohibits the opening of any dove season before September 1, opening the season the weekend before Labor Day is impossible in most years. No changes were made as a result of the comment.
Two commenters opposed adoption and stated that the Central Zone should be structured like the proposed South Zone season, with one week taken from the end of the first segment and added to the second segment. The department disagrees with the comments and responds that the traditional hunter preference is for the existing season structure through the end of October and the remaining days during the Christmas holidays. No changes were made as a result of the comment.
Two commenters opposed adoption and stated that the season should open the Saturday closest to September 1. The department disagrees with the comment and responds that since federal law prohibits the opening of any dove season before September 1, opening the season on the Saturday closest to September 1 would mean that unless September 1 fell on a Saturday, the season would always open later than September 1, which conflicts with historical hunter preference. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the daily bag limit should be increased to 20 or 25 birds. The department disagrees with the comment and responds that under federal frameworks the daily bag limit cannot exceed 12 birds within a 70-day season or 15 birds within a 60-day season. No changes were made as a result of the comment.
One commenter opposed adoption and stated that "the Central and South zones should always come after North and Central" because "hunting prematurely in these areas can affect the migratory bird population and hurt future hunting opportunities." The department is unable to determine the intent of the comment, and disagrees that any changes are necessary because of it. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should start the last Saturday in August. The department disagrees with the comment and responds that federal law prohibits the opening of any dove season prior to September 1. No changes were made as a result of the comment.
The department received 92 comments supporting adoption of the proposed amendment affecting dove seasons in the Central Zone.
The department received 95 comments opposed to the adoption of the proposed South Zone dove season. Of the 95 comments, 93 offered a specific reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, are as follows.
Thirty-two commenters opposed adoption and stated that the season should open on Friday, not a Saturday. The department disagrees with the comment and responds that under the federal frameworks, the regular South Zone season cannot open earlier than September 20, which this year falls on a Saturday. Traditional hunter comment has opposed delaying the opening until Friday, September 16. No changes were made as a result of the comments.
Seven commenters opposed adoption and stated that the season should open September 1. The department disagrees with the comments and responds that under the federal frameworks, the regular South Zone season cannot open earlier than September 20, which this year falls on a Saturday. No changes were made as a result of the comments.
Six commenters opposed adoption and stated that the season should start earlier. The department disagrees with the comments and responds that under the federal frameworks, the regular South Zone season cannot open earlier than September 20, which this year falls on a Saturday. No changes were made as a result of the comments.
Two commenters opposed adoption and stated that the season should always start on the third Friday in September. The department disagrees with the comments and responds that under the federal frameworks, the regular South Zone season cannot open earlier than September 20, which in most years falls later than the third Friday in September. No changes were made as a result of the comments.
Two commenters opposed adoption and stated that all zones should have the same opening day. The department disagrees with the comment and responds that the federal frameworks typically allow the department to open the season on September 1 in the Central and North zones and September 20 in the South Zone. Therefore, the opening day in the North and Central zones would have to be delayed in order to provide a uniform opening day statewide, which would conflict with historical hunter preference for the earliest opening day possible under federal frameworks. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should be all of November and one week in each of December and January. The department disagrees with the comment and responds that under the federal frameworks there can be no more than two segments in any zone. No changes were made as a result of the comment.
Fifteen commenters opposed adoption and stated that the daily bag limit should be 15 birds. The department disagrees with the comments and responds that hunter preference has historically been for a longer season, even if it means a lower bag limit. No changes were made as a result of the comment.
Five commenters opposed adoption and stated that bag and possession should be the same for all zones. The department disagrees with the comments and responds that public comment and hunter preference in the past has been supportive of differential bag limits between zones. No changes were made as a result of the comments.
One commenter opposed adoption and stated that the second segment should end on a weekend instead of mid-week. The department disagrees with the comment and responds that the federal frameworks limit Texas to a maximum of 70 days of hunting opportunity if a 12-bird bag limit is selected. By ending the segment on a weekend, the department would in effect be curtailing hunter opportunity at the end of the first segment. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the South Zone should be a continuous season. The department disagrees with the comment and responds that the current season structure has historically been set in such a fashion as to allow greater hunting opportunity during the Christmas break, when more people, especially youth, are able to take advantage of opportunity. No changes were made as a result of the comment.
One commenter opposed adoption and stated that there should be three season segments in the South Zone so there could be hunting later in January. The department disagrees with the comment and responds that under the federal frameworks Texas is allowed to have a maximum of two season segments in each zone. No changes were made as a result of the comment.
One commenter opposed adoption and stated that all zones should open September 1 and close January 4. The department disagrees with the comment and responds that under the federal frameworks, the regular South Zone season cannot open earlier than September 20 and may not extend continuously for more than 70 days. No changes were made as a result of the comment.
Nineteen commenters opposed adoption and stated specific opposition to the proposal to move one week of hunting opportunity from the first season segment and add it to the end of the second segment. Those comments varied in rationale as follows:
Five commenters opposed adoption and stated that the current season structure should be left in place. The department agrees with the comments and has made changes accordingly.
Three commenters opposed adoption and stated that the proposal would conflict with other activities such as deer hunting. The department disagrees with the comments but responds that the traditional season structure is being retained for other reasons.
Three commenters opposed adoption and stated that an extra week should be taken from the second segment and added to the end of the first segment. The department disagrees with the comments and responds that the current season structure is being retained for reasons explained earlier in this preamble.
Two commenters opposed adoption and stated that the week should be taken from the front of the first segment rather than the end of the first segment. The department disagrees with the comments and responds that the current season structure is being retained for reasons explained earlier in this preamble.
One commenter opposed adoption and stated that there are no birds in northern South Texas in December. The department disagrees with the comment but responds that the current season structure is being retained for reasons explained earlier in this preamble.
One commenter opposed adoption and stated that January 12 is late enough. The department disagrees with the comment but responds that the current season structure is being retained for reasons explained earlier in this preamble.
One commenter opposed adoption and stated that a later season will limit the white-winged harvest. The department disagrees with the comment but responds that the current season structure is being retained for reasons explained earlier in this preamble.
One commenter opposed adoption and stated that it should occur only if public dove hunting areas are also available for the late season. The department disagrees with the comment but responds that the current season structure is being retained for reasons explained earlier in this preamble.
Two commenters who indicated that they opposed the proposal indicated in their comments that they were actually in favor of the segment reallocation. The department agrees with the comments but responds that the current season structure is being retained for reasons explained earlier in this preamble.
The department received 123 comments supporting adoption of the proposed amendment.
The department received 16 comments opposed to the adoption of the proposed dove season in the Special White-winged Dove Area. Of the 16 comments, 14 offered a specific reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, are as follows.
Six commenters opposed adoption and stated that the special white-winged dove season should be eliminated. The department disagrees with the comment and responds that the special white-winged dove season enjoys a very long history in Texas and has been very popular with hunters. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should begin September 1. The department disagrees with the comment and responds that the traditional preference of hunters is for the first two weekends in September. No changes were made as a result of the comment.
Two commenters opposed adoption and stated that the special white-winged dove season should be opened the Labor Day weekend every year. The department disagrees with the comments and responds that the traditional preference of hunters is for the first two weekends in September. No changes were made as a result of the comments.
One commenter opposed adoption and stated that the season should be September 5, 6, 7, 12, 13, and 14, 2008. The department disagrees with the comment and responds that under the federal frameworks, the special white-winged dove season is restricted to no more than 4 days from September 1 - 19. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the weekends of September 20 and 27 should be added to the proposed season dates. The department disagrees with the comment and responds that federal frameworks authorize the opening of the South Zone dove season on September 20 and hunter preference has historically been for the season to open on the earliest possible date under the federal frameworks. No changes were made as a result of the comment.
The department received several comments opposing adoption of the proposed amendment for reasons unrelated to season structures or bag limits within specific zones.
One commenter opposed adoption and stated that legal shooting hours should be afternoons only. The department disagrees with the comment and responds that hunter surveys indicate a preference for all-day dove hunting. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the bag limit is too high. The department disagrees with the comment and responds that the maximum bag limit available to the states under the federal frameworks is calculated as part of an annual analysis of the abundance of birds, number of hunters, and other factors, and is established at a level deemed to present no biological danger to populations. The commission's policy is to adopt the most liberal hunting opportunity possible under the federal frameworks. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the southern boundary of the Central Zone should follow US Highway 59 from Laredo to Houston and then follow Interstate 10 to the Texas/Louisiana boundary. The department disagrees with the comment and responds that the department cannot alter zone boundaries without the prior approval of the U.S. Fish and Wildlife Service. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the possession limit should be three daily bag limits. The department disagrees with the comment and responds that by federal law the possession limit is twice the daily bag limit, which cannot be eliminated or increased by the department. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the zone boundary should be moved to eastward to Interstate 37. The department disagrees with the comment and responds that the department cannot alter zone boundaries without the prior approval of the U.S. Fish and Wildlife Service. No changes were made as a result of the comment.
The department received 87 comments supporting adoption of the portion of the proposed amendment to §65.315 concerning the Special White-winged Dove Area.
The department received 16 comments opposing adoption of the Proposed September Teal-only Season. Of the 16 comments, 15 offered a specific reason or explanation for opposing adoption. Those comments, accompanied by the department's response to each, are as follows.
Two commenters opposed adoption and stated that the teal season should include whistling ducks. The department disagrees with the comments and responds that under the federal frameworks the special September season for teal is restricted to teal ducks. No changes were made as a result of the comments.
Four commenters opposed adoption and stated that there should be a higher daily bag limit for teal. The department disagrees with the comments and responds that the bag limit as adopted is the maximum allowable under federal frameworks. No changes were made as a result of the comments.
Two commenters opposed adoption and stated that the season should be longer. The department disagrees with the comments and responds that the season length is the maximum allowable under the federal frameworks. No changes were made as a result of the comments.
Four commenters opposed adoption if it included a nine-day season. The department disagrees with the comments and responds that the department can only adopt what the federal frameworks authorize; however, federal frameworks this year authorize a 16-day season, which is being adopted.
One commenter opposed adoption and stated that there should be a six-bird limit and a nine-day season. The department disagrees with the comment and responds that the policy of the department is to adopt the most liberal seasons and bag limits possible under the federal frameworks, which this year authorize a 16-day season and a four-bird bag limit. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the possession limit should be three daily bag limits. The department disagrees with the comment and responds that by federal law the possession limit is twice the daily bag limit, which cannot be eliminated or increased by the department. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should open prior to September 13. The department disagrees with the comment and responds that the department selects teal season dates based on when the majority of teal are expected to be in the state, and that the season as adopted is consonant with hunter preference. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should begin one week later. The department disagrees with the comment and responds that department selects teal season dates based on when the majority of teal are expected to be 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 and stated that the season should begin Labor Day weekend. The department disagrees with the comments and responds that the federal frameworks do not authorize teal hunting prior to September 1. No changes were made as a result of the comments.
The department received 106 comments in support of the adoption of the proposed amendment addressing teal ducks.
The department received two comments opposing adoption of the portion of the proposed amendment to §65.315 concerning woodcock seasons. Those comments, accompanied by the department's response to each, are as follows.
One commenter opposed adoption and stated that the woodcock season should be concurrent with the quail season. The department disagrees with the comment and responds that under federal frameworks, woodcock season cannot exceed 45 days in length and must take place between September 20 and January 31. Therefore, woodcock season cannot be concurrent with quail season, which runs from the Saturday closest to September 28 until the last Sunday in February. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the woodcock season should be expanded. The department disagrees with the comment and responds that the season length is the maximum allowed under federal frameworks. No changes were made as a result of the comment.
The department received 38 comments in support of the adoption of the proposed amendment addressing woodcock.
The department received two comments opposing adoption of the portion of the proposed amendment to §65.315 concerning snipe. Those comments, accompanied by the department's response to each, are as follows.
One commenter opposed adoption and stated that there should be a longer season with smaller bag limit. The department disagrees with the comment and responds that the season length and bag limit as adopted are the maximum allowed under federal frameworks. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should open in mid-October. The department disagrees with the comment and responds that hunter preference has historically been for a snipe season opening day in November. No changes were made as a result of the comment.
The department received 47 comments in support of the adoption of the proposed amendment addressing snipe.
The department received no comments opposing adoption of the portion of the proposed amendment to §65.315 concerning rail seasons.
The department received 37 comments supporting adoption of the portion of the proposed amendment to §65.315 concerning rail seasons.
The department received no comments opposing adoption of the portion of the proposed amendment to §65.315 concerning gallinule seasons.
The department received 35 comments supporting adoption of the portion of the proposed amendment to §65.315 concerning gallinule seasons.
The department received no comments concerning adoption of the proposed amendment to §65.319, concerning the take of early species of migratory game birds by means of falconry.
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.
§65.315.Open Seasons and Bag and Possession Limits--Early Season.
(a) Rails.
(1) Dates: September 13 - 28, 2008 and November 1 - December 24, 2008.
(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, 2008.
(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, 2008 and December 26, 2008 - January 4, 2009.
(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 20 - November 9, 2008 and December 26, 2008 - January 13, 2009.
(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 6, 7, 13, and 14, 2008.
(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 20 - November 9, 2008 and December 26, 2008 - January 9, 2009.
(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 13 - 28, 2008 and November 1 - December 24, 2008.
(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 13 - 28, 2008.
(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, 2008 - January 31, 2009. The daily bag limit is three. The possession limit is six.
(h) Wilson's snipe (Common snipe): November 1, 2008 - February 15, 2009. 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 31, 2008.
TRD-200804001
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: August 20, 2008
Proposal publication date: June 27, 2008
For further information, please call: (512) 389-4775