31 TAC §§65.318, 65.320, 65.321
The Texas Parks and Wildlife Department (the department)
proposes amendments to §§65.318, 65.320, and 65.321, concerning
the Late Season Migratory Game Bird Proclamation.
The proposed amendment to §65.318, concerning Open Seasons
and Bag and Possession Limits--Late Season, would eliminate the "Hunters
Choice" (HC) structure in favor of a more conventional bag limit and
increase the bag limit for wood ducks from two to three.
For the last decade the U.S. Fish and Wildlife Service (Service)
has been concerned about breeding populations of canvasback and pintail
ducks. From 2004 to 2006, the Service did not authorize full-season
hunting opportunity for those two species, electing to require states
to impose a truncated "season-within-a-season" instead. In 2006, the
Service required several states, including Texas, to implement the
HC structure. Under the HC structure, the daily bag limit for ducks
was reduced from six to five, with an aggregate daily bag limit of
one mallard hen, pintail, canvasback, or dusky duck (mottled duck,
black duck, Mexican duck, or their hybrids). The purpose of the Hunter's
Choice structure was to allow for season-long harvest of canvasbacks
and pintails in order to eliminate compliance and enforcement confusion
and allow more hunting time for waterfowl hunters who seek those species.
As of this year, the Hunter's Choice is no longer mandatory. The Service
issues frameworks that establish the earliest day hunting can start,
the latest day that hunting can take place, and the total number of
days of hunting allowed. At this time, it appears that the Service's
annual frameworks will allow season-long harvest of pintail and canvasback
ducks; therefore, the proposal would reinstate a six-bird daily bag
limit composed of not more than two mallard hens, three wood ducks,
two scaup, two red-headed ducks, one pintail, one canvasback, and
one mottled, black, or Mexican duck. Because it appears that the federal
frameworks will include the opportunity to increase the bag limit
for wood ducks from two to three, the department intends to increase
the bag limit if it is able to do so. The department also notes that
the final rules as adopted must conform to federal frameworks; thus;
if the Service releases frameworks that are more restrictive or that
mandate a particular season structure (such as the "season within
a season"), the department's rules cannot conflict with the federal
rules.
The proposed amendment to §65.318 also would alter the traditional
placement of duck seasons. In the past, the department has followed
hunter preference and selected season dates that run to the last day
of the framework. The last day of the federal frameworks for ducks,
coots, and merganser is Sunday, January 31, 2010. The rule as proposed
would close the season on January 24. Many nesting studies have found
that early-nesting females have better nest success than late-nesting
females. Allowing ducks to form pair bonds on wintering areas only
serves to enhance the possibility of better nest success on the breeding
grounds. Therefore, the department proposes to eliminate hunting pressure
during the last week of the framework. Also, this season structure
also allows for the waterfowl season to be offset from the deer season
by one week.
The remainder of the proposed amendment would establish season
dates to account for calendar shift (ensuring that the opening day
falls on the appropriate day of the week) and preserve parallel season
structures with the proposed duck seasons.
The proposed amendment to §65.320, concerning Extended Falconry
Season--Late 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 amendment to §65.321, concerning Special Management
Provisions, would adjust the dates for the conservation season on
light geese to account for calendar shift.
The proposed amendments are generally necessary to implement commission
policy to provide the greatest hunter opportunity possible, consistent
with hunter and landowner preference for starting dates and segment
lengths, under frameworks issued by the Service. The Service has not
issued regulatory frameworks for the 2010-2011 hunting seasons for
migratory game birds; thus, the department cautions that the proposed
regulations are tentative and may change significantly, depending
on federal actions prior to the release of the late-season frameworks
in late-July.
Robert Macdonald, 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 rules as proposed.
Mr. Macdonald also has determined that for each of the first five
years the proposed rules 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 for the use and enjoyment of the
public, consistent with the principles of sound biological management.
Under the provisions of Government Code, Chapter 2006, a state
agency must prepare an economic impact statement and a regulatory
flexibility analysis for a rule that may have an adverse economic
affect on small businesses and micro-businesses. As required by Government
Code, §2006.002(g), the Office of the Attorney General has prepared
guidelines to assist state agencies in determining a proposed rule's
potential adverse economic impact on small businesses. Those guidelines
state that an agency need only consider a proposed rule's "direct
adverse economic impacts" to small businesses and micro-businesses
to determine if any further analysis is required. The department considers
"direct economic impact" to mean a requirement that would directly
impose recordkeeping or reporting requirements; impose taxes or fees;
result in lost sales or profits; adversely affect market competition;
or require the purchase or modification of equipment or services.
The department has determined that the proposed rules regulate
various aspects of recreational license privileges that allow individual
persons to pursue and harvest migratory game bird resources in this
state and therefore do not directly affect small businesses or micro-businesses.
Therefore, neither the economic impact statement nor the regulatory
flexibility analysis described in Government Code, Chapter 2006, is
required.
There also will be no adverse economic effect on 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 2008,
as a result of the proposed rules.
Comments on the proposed rules may be submitted to Robert Macdonald,
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
Texas 78744; (512) 389-4775 or 1-800-792-1112 (e-mail: robert.macdonald@tpwd.state.tx.us).
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 proposed amendments affect Parks and Wildlife Code, Chapter 64.
§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
(only two of which may be hens); three wood ducks; two scaup (lesser
scaup and greater scaup in the aggregate); two redheads; one pintail;
one canvasback; and one "dusky" duck (mottled duck, Mexican like duck,
black duck and their hybrids). For all other species not listed, the
bag limit shall be six. [The daily bag limit for ducks
is five, which may include no more than two scaup, two redheads, two
wood ducks, and no more than one (in the aggregate) of the following:
mallard hen, pintail, canvasback, or dusky duck (mottled duck, black
duck, Mexican duck, or hybrid of those species).] The daily
bag limit for coots is 15. The daily bag limit for mergansers is five,
which may include no more than two hooded mergansers.
(A) High Plains Mallard Management Unit: October
24 - 25, 2009 and October 30, 2009 - January 24, 2010 [
October 25 - 26, 2008 and October 31, 2008 - January 25, 2009].
(B) North Zone: October 31 - November 29, 2009
and December 12, 2009 - January 24, 2010 [November 1 -
30, 2008 and December 13, 2008 - January 25, 2009].
(C) South Zone: October 31 - November 29, 2009
and December 12, 2009 - January 24, 2010 [November 1 -
30, 2008 and December 13, 2008 - January 25, 2009].
(2) Geese.
(A) Western Zone.
(i) Light geese: November 7, 2009 - February 7,
2010 [November 8, 2008 - February 8, 2009]. The daily
bag limit for light geese is 20, and there is no possession limit.
(ii) Dark geese: November 7, 2009 - February 7,
2010 [November 8, 2008 - February 8, 2009
]. The daily bag limit for dark geese is five, which may not include more than
four Canada geese or more than one white-fronted goose.
(B) Eastern Zone.
(i) Light geese: October 31, 2009 - January 24,
2010 [November 1, 2008 - January 25, 2009]. The daily
bag limit for light geese is 20, and there is no possession limit.
(ii) Dark geese:
(I) White-fronted geese: October 31, 2009 - January
10, 2010 [November 1, 2008 - January 11, 2009
]. The daily bag limit for white-fronted geese is two.
(II) Canada geese: October 31, 2009 - January
24, 2010 [November 1, 2008 - January 25, 2009
]. The daily bag limit for Canada geese is three.
(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) November 7, 2009 - February 7, 2010 [
November 8, 2008 - February 8, 2009
]. The daily bag limit is three. The
possession limit is six.
(B) Zone B: November 27, 2009 - February 7, 2010
[November 28, 2008 - February 8, 2009
]. The daily bag limit is three. The possession limit is six.
(C) Zone C: December 26, 2009 - January 24, 2010
[December 20, 2008 - January 25, 2009
]. The daily bag limit is
two. The possession limit is four.
(4) Special Youth-Only Season. There shall be a special
youth-only waterfowl season during which the hunting, taking, and
possession of geese, 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.
Season dates are as follows:
(A) High Plains Mallard Management Unit:
October 17 - 18, 2009 [
October 18 - 19, 2008];
(B) North Zone: October 24 - 25, 2009
[October 25 - 26, 2008]; and
(C) South Zone: October 24 - 25, 2009 [
October 25 - 26, 2008].
§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 25 - February 8,
2010 [January 26 - February 9, 2009
];
(C) South Duck Zone: January 25 - February 8,
2010 [January 26 - February 9, 2009
].
(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. 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 (WRD) from the person who killed the
birds. A properly executed WRD satisfies the tagging requirements
of 50 CFR Part 20. The WRD 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 WRD 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 25 - March 28, 2010 [
January 26 - March 29, 2009
], 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 28, 2010 [
February 9 - March 29, 2009
], 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 July 6, 2009.
TRD-200902767
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 16, 2009
For further information, please call: (512) 389-4814