Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §53.6, §53.7
The Texas Parks and Wildlife Commission adopts amendments
to §53.6, concerning Commercial Fishing Licenses and Tags, and §53.7,
concerning Business Licenses and Permits. Section 53.6 and §53.7 are
adopted with changes to the proposed text as published in the March 1, 2002,
issue of the
Texas Register
(27 TexReg 1461).
The change to §53.6 adds new subsections (a)(2)(B), (d)(2)(B), and (e)(2)(B)
to address situations in which shrimp, crab, and finfish licenses are transferred
to an heir following the death of a licensee. The commission views such transfers
as special cases for which the full transfer fee is inappropriate, since the
transfer of possession of the license results from an unavoidable circumstance
(i.e., the death of the license holder), rather than from a commercial transaction
on the open market. Because those changes need to take effect prior to the
beginning of the fiscal year, language has been inserted as new subsection
(f) to denote which provisions are to take effect September 1, 2002. The change
to §53.7 also imposes an effective date of September 1, 2002.
The amendments are necessary in order to comply with the provisions of
Senate Bill 1 (General Appropriations Act, Rider 22) as enacted by the 77th
Legislature, which directs the department to better recover costs associated
with administering and managing its commercial fisheries programs.
The amendments to §53.6 and 53.7 will function by increasing the fee
amounts for commercial fishing and business licenses and related transfers
and duplicates.
The department received 30 comments in opposition to adoption of the proposal.
Six commenters wanted the department to table the adoption. Sixteen commenters
opposed the adoption on the basis that the fee increase would impose too high
an economic burden. The department disagrees with the comments and responds
that the legislature has mandated that the department recover the costs of
administering commercial fishing programs. No changes were made as a result
of the comments.
The department received 62 comments supporting adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §§47.002,
47.003,47.007,47.008, 47.009,47.010, 47.011, 47.013, 47.014, 47.017,47.031,47.075,
and 47.079, which authorize the commission to set fees for commercial fishing
licenses; 66.017 and 66.020, which authorize the commission to set fees for
fish, shellfish and aquatic plant permits; 67.0041, which authorizes the commission
to set fees for permits for non-game species of fish; 76.1031 and 76.104,
which authorize the commission to set fees for commercial oyster licenses;
77.031, 77.033, 77.035, 77.0351,77.0361, 77.043 and 77.115, which authorize
the commission to set fees for commercial shrimp licenses; 78.002 and 78.003,
which authorize the commission to set fees for commercial mussel and clam
licenses; and 78.105 and 78.109, which authorize the commission to set fees
for commercial crab licenses.
§53.6.Commercial Fishing Licenses and Tags.
(a)
Shrimping licenses:
(1)
Licenses:
(A)
resident commercial gulf shrimp boat -- $450;
(B)
resident commercial bay shrimp boat -- $348;
(C)
resident commercial bait-shrimp boat -- $348;
(D)
resident commercial shrimp boat captain's -- $30;
(E)
nonresident commercial gulf shrimp boat -- $1,350;
(F)
nonresident commercial bay shrimp boat -- $750;
(G)
nonresident commercial bait-shrimp boat -- $750; and
(H)
nonresident commercial shrimp boat captain's -- $120.
(2)
License transfers:
(A)
Transfers between living persons.
(i)
resident commercial gulf shrimp boat license transfer --
$10;
(ii)
resident commercial bay shrimp boat license transfer --
$348;
(iii)
resident commercial bait-shrimp boat license transfer
-- $348;
(iv)
nonresident commercial gulf shrimp boat license transfer
-- $10;
(v)
nonresident commercial bay shrimp boat license transfer
-- $750; and
(vi)
nonresident commercial bait-shrimp boat license transfer
-- $750.
(B)
Transfers to heirs (as defined in Parks and Wildlife Code, §77.113).
(i)
resident commercial bay shrimp boat -- $10;
(ii)
nonresident commercial bay shrimp boat -- $10;
(iiii)
resident commercial bait shrimp boat -- $10; and
(iv)
nonresident commercial bait shrimp boat -- $10;
(3)
Replacement License plates:
(A)
resident commercial gulf shrimp boat -- $10;
(B)
resident commercial bay shrimp boat -- $10;
(C)
resident commercial bait-shrimp boat -- $10;
(D)
nonresident commercial gulf shrimp boat -- $10;
(E)
nonresident commercial bay shrimp boat -- $10; and
(F)
nonresident commercial bait-shrimp boat -- $10.
(b)
Oystering licenses.
(1)
Licenses:
(A)
resident commercial oyster boat -- $420;
(B)
resident sport oyster boat -- $10;
(C)
resident commercial oyster captain's -- $30;
(D)
resident commercial oyster fisherman's -- $120;
(E)
nonresident commercial oyster boat -- $1,680;
(F)
nonresident sport oyster boat -- $40;
(G)
nonresident commercial oyster boat captain's -- $120; and
(H)
nonresident commercial oyster fisherman's -- $300.
(2)
License transfers:
(A)
resident commercial oyster boat transfer -- $10; and
(B)
nonresident commercial oyster boat transfer -- $10.
(3)
Replacement License plates:
(A)
resident commercial oyster boat -- $10; and
(B)
nonresident commercial oyster boat -- $10.
(c)
General, finfish, menhaden, mussel, clam, and miscellaneous
licenses.
(1)
Licenses and permits.
(A)
resident commercial fishing boat -- $18;
(B)
class A menhaden boat -- $4,200;
(C)
class B menhaden boat -- $50;
(D)
resident general commercial fisherman's -- $24;
(E)
resident commercial mussel and clam fisherman's -- $36;
(F)
resident shell buyer's -- $120;
(G)
nonresident commercial fishing boat -- $72;
(H)
nonresident general commercial fisherman's -- $180;
(I)
nonresident commercial mussel and clam fisherman's -- $960;
(J)
nonresident shell buyer's -- $1,800;
(K)
menhaden fish plant permit -- $180;
(L)
mussel dredge fee -- $36; and
(M)
permit to sell non-game fish -- $60.
(2)
License transfers.
(A)
resident commercial fishing boat license transfer -- $10;
and
(B)
nonresident commercial fishing boat license transfer --
$10.
(3)
Replacement license plates.
(A)
resident commercial fishing boat -- $10; and
(B)
nonresident commercial fishing boat -- $10.
(d)
Crab licenses.
(1)
Licenses and permits.
(A)
resident commercial crab fisherman's -- $600; and
(B)
nonresident commercial crab fisherman's -- $2,400.
(2)
License transfers.
(A)
Transfers between living persons.
(i)
resident commercial crab fisherman's -- $600; and
(ii)
nonresident commercial crab fisherman's -- $2,400.
(B)
Transfers to heirs (as defined by Parks and Wildlife Code, §78.109).
(i)
resident commercial crab fisherman's -- $10; and
(ii)
nonresident commercial crab fisherman's -- $10.
(3)
Duplicate license plates.
(A)
resident commercial crab fisherman's -- $10; and
(B)
nonresident commercial crab fisherman's -- $10.
(e)
Finfish licenses.
(1)
Licenses and permits.
(A)
resident commercial finfish fisherman's -- $360; and
(B)
nonresident commercial finfish fisherman's -- $1,440.
(2)
License transfers.
(A)
Transfers between living persons.
(i)
resident commercial finfish fisherman's -- $360; and
(ii)
nonresident commercial finfish fisherman's -- $1,440.
(B)
Transfers to heirs. A license may be transferred to an
heir or devisee of the deceased holder of the commercial finfish license,
but only if the heir or devisee is a person who in the absence of a will would
be entitled to all or a portion of the deceased's property.
(i)
resident commercial finfish fisherman's -- $10; and
(ii)
nonresident commercial finfish fisherman's -- $10.
(3)
Duplicate license plates.
(A)
resident commercial finfish fisherman's -- $10; and
(B)
nonresident commercial finfish fisherman's -- $10.
(f)
The provisions of this section other than those contained
in subsections (a)(2)(B), (d)(2)(B), and (e)(2)(B) of this section take effect
September 1, 2002.
§53.7.Business Licenses and Permits.
Fish, bait, and shrimp licenses and tags.
(1)
Licenses.
(A)
retail fish dealer's -- $84;
(B)
retail fish dealer's truck -- $156;
(C)
wholesale fish dealer's -- $750;
(D)
wholesale fish dealer's truck -- $510;
(E)
bait dealer's -- individual -- $36;
(F)
bait dealer-place of business/building -- $36;
(G)
bait dealer-place of business/motor vehicle -- $36;
(H)
bait shrimp dealer's -- $204;
(I)
finfish import -- $90; and
(J)
fishing guide -- $75.
(2)
License transfers.
(A)
retail fish dealer's license transfer -- $10;
(B)
retail fish dealer's truck license transfer -- $10;
(C)
wholesale fish dealer's license transfer -- $10;
(D)
wholesale fish dealer's truck license transfer -- $10;
(E)
bait dealer's license transfer -- $10;
(F)
bait dealer's-place of business/building license transfer
-- $10;
(G)
bait dealer's-place of business/motor vehicle license transfer
-- $10;
(H)
bait shrimp dealer's license transfer -- $10;
(I)
finfish import license transfer -- $10.
(3)
The fee for the saltwater trotline tag shall be $3.00.
(4)
The provisions of this section take effect September 1,
2002.
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 14, 2002.
TRD-200203004
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 3, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 389-4775
Subchapter E. GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROGRAM
31 TAC §§61.132, 61.136, 61.137
The Texas Parks and Wildlife Commission adopts an amendment
to §61.132 and new §61.136 and §61.137, concerning the Texas
Parks and Recreation Account Grants Program, without changes to the proposed
text as published in the December 14, 2001, issue of the
Texas Register
(26 TexReg 10241).
The amendment and new sections are necessary to implement the new grant
programs for Small Communities Grants and Regional Park Grants and therefore
require changes to the Texas Recreation and Parks Account Grant Manual (which
is adopted by reference) and adoption of the scoring criteria used to evaluate
candidate projects for possible funding under these new programs.
The amendments and new sections will function by: adopting by reference
revisions to the Texas Recreation and Parks Account Grant Manual, which provides
communities with a comprehensive explanation of the program and instructions
and requirements for participation; and by establishing the purpose, priorities,
standards, and scoring system for grant awards for small communities grants
and regional park grants projects submitted by communities.
The department received two comments concerning adoption of the proposed
rules. Both commenters opposed the proposed population threshold for the Small
Communities Grant Program, requesting that the threshold be set at 50,000
rather than 20,000. The department disagrees with the comments and responds
that the program is intended to benefit smaller communities that are generally
at a competitive disadvantage for grants. A pilot review revealed that approximately
80% of the communities that would be applying for Small Community Grants would
be communities of less than 20,000 in population. The department also responds
that are additional grant programs for larger communities. No changes were
made as a result of the comments.
The amendment and new sections are adopted under Parks and Wildlife
Code, Chapter 24, which requires the department to adopt regulations for grant
assistance.
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 15, 2002.
TRD-200203033
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 4, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 389-4775
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
The Texas Parks and Wildlife Commission adopts new §65.7 and
amendments to §§65.3, 65.10, 65.19, 65.26, 65.28, 65.29, 65.42,
65.64, and 65.72, concerning the Statewide Hunting and Fishing Proclamation.
Sections 65.3, 65.26, 65.42, 65.64, and 65.72 are adopted with changes to
the proposed text as published in the February 22, 2002, issue of the
The change to §65.3, concerning Definitions, rewords the definition
of 'antler point' to prevent confusion.
The change to §65.26, concerning Managed Lands Deer (MLD) Permits,
clarifies that all lawful means and methods are allowed on Level 1 MLD properties,
and that stamp requirements for the archery and muzzleloader seasons apply.
The change to §65.42, concerning Deer, removes Hall County from the
group of counties in subsection (b)(4)(C) because the county was proposed
for an increased doe harvest by mistake, exempts properties with Level II
or III MLD permits in Austin, Colorado, Fayette, Lavaca, Lee, and Washington
counties from the antler restrictions created by subsection (b)(5)(F)(iv),
and rewords antlerless permit requirements in subsection (b)(8) and (9) to
preserve grammatical and structural consistency with similar provisions located
in other subdivisions. The change also adds language to subsection (b) to
preserve the limit of two buck deer, in the aggregate, from all counties with
a two-buck limit. In the past, the aggregate buck limit was a consequence
of validity limitations printed on license tags. Since the new tags are generic,
the aggregate bag limit must be imposed explicitly. The change also redesignates
subsection (b)(5)(G) as subsection (b)(4)(E) in order to consolidate East
Zone one-buck counties in one subparagraph and West Zone one-buck counties
in another.
The change to §65.64, concerning Turkey, eliminates proposed new subsection
(a), which has become unnecessary due to a separate rulemaking.
The change to §65.72, concerning Fish, rewords subsection (a)(3)(C)
for clarity's sake and adds new (b)(2)(C)(3), in light of changes to bag and
size limit restrictions in border waters, to make clear that any fish caught
in federal waters under a federal management plan may be landed in Texas.
The change also alters the table in subsection (b)(2)(B) to list the goliath
grouper as 'Grouper, goliath,' and adds language to subsection (b)(2)(C)(i)
to note that Possum Kingdom reservoir is in Stephens and Young counties.
The amendment to §65.3, concerning Definitions, is necessary to provide
a precise description of what constitutes an antler point, which in turn is
necessary to inform hunters as to what are or are not lawful bucks in certain
counties.
New §65.7, concerning Harvest Log for Deer, is necessary because the
department will introduce a new and simplified license format for the next
license year, which will require a license log to ensure that no person exceeds
the statewide, regional, or county bag limits.
The amendment to §65.10, concerning Possession of Wildlife Resources,
is necessary to make the regulation more user-friendly while still preserving
enforcement efficiency.
The amendment to §65.19, concerning Hunting Deer with Dogs, is necessary
because the department has determined that the practice of hunting deer with
dogs (i.e., the use of dogs to hunt deer, rather than track wounded deer),
which originally prompted a ban on the use of dogs in some counties, has declined
in the named counties to the point that the regulation is no longer required.
The amendment to §65.26, concerning Managed lands Deer Permits, is
necessary to correct ramifications of an earlier rulemaking that unintentionally
precluded the take of buck deer during the archery season and the take of
spike bucks during the extended season on MLD Level II properties, and to
clarify what is meant by the term 'appropriate tag'.
The amendment to §65.28, concerning Landowner Assisted Permit System
(LAMPS), is necessary to prevent confusion.
The amendment to §65.29, concerning Bonus Tags, is necessary to clarify
the intent of the regulation.
The amendment to §65.42, concerning Deer, is necessary because Parks
and Wildlife Code, §61.057, states that a proclamation allowing the hunting
of antlerless deer without a permit must be specific as to the county or portion
of a county to which it applies; thus, the required language has been added
at the appropriate places. Also added as appropriate are explicit statements
denoting which one-buck counties are in the East Zone and which are in the
West Zone. The amendment to subsection (b)(4)(C) is necessary because department
investigations indicate that antlerless harvest in the affected counties is
very conservative despite the current harvest opportunity and that populations
could easily sustain considerably more harvest. The amendment to subsection
(b)(5)(A)(4) is necessary to eliminate confusion concerning the applicability
of countywide restrictions to MLD properties in Grayson County. The amendment
to subsection (b)(5)(F)(iv) is necessary to reduce hunting pressure in order
to manage the age structure of the buck segment of the deer herd in the affected
counties. Finally, the amendment to subsection (b)(10(B) is necessary to prevent
depletion of the doe segment of the deer herd in counties where doe harvest
has been restricted.
The amendment to §65.64, concerning Turkey, is necessary to implement
commission policy of providing additional hunting opportunity whenever biological
data indicate that it can be done without threat of depletion or waste.
The amendment to §65.72, concerning Fish, consists of several actions.
The amendment affecting regulations for sunfish on Purtis Creek State Park
Lake is necessary to improve consistency of regulations. The amendment affecting
largemouth bass on Gibbons Creek Reservoir is necessary to allow some harvest
of smaller stock size bass as well as trophy largemouth bass. The amendment
affecting regulations for largemouth bass on Brushy Creek Lake is necessary
to protect 14-18 inch bass from being over harvested, thereby preventing a
decrease in the quality of the fishery when the park is opened to the public.
The amendment affecting regulations for red drum on Coleto Creek Reservoir
is necessary to allow fish to reach a harvestable size and spread the resource
among more anglers. The amendment affecting regulations for largemouth bass
on Lake Alan Henry is necessary to reduce the overall abundance of largemouth
bass, resulting in an increased growth rates and condition of the largemouth
bass population. The amendment affecting regulations for largemouth bass on
Lake Proctor is necessary to enhance largemouth bass fishing and provide more
and larger bass for a longer period of time. The amendment affecting regulations
on Possum Kingdom Lake for largemouth, striped, and hybrid striped bass is
necessary to provide protection for future largemouth bass brood fish in the
population and to help rebuild population abundance after the negative impacts
of last spring's golden algae outbreak. The amendment requiring all fish landed
in Texas to conform to Texas size and bag limits is necessary to address concerns
about equitable harvest, law enforcement, and over harvest of fish in border
waters of the state. Finally, the amendment changing the common name of the
jewfish to goliath grouper is necessary to maintain conformity with current
nomenclature.
The amendment to §65.3 will function by adding a new definition of
'antler point' and altering the definition of 'spike-buck deer' to conform
with that definition, which will be used to differentiate legal bucks from
illegal bucks in counties where the buck harvest is restricted based on physical
characteristics of antlers.
New §65.7 will function by requiring a hunter to record certain information
on the hunting license, ensuring that no person exceeds the statewide, regional,
or county bag limits.
The amendment to §65.10 will function by altering the proof-of-sex
stipulations for white-tailed deer to eliminate the requirement that the head
remain unskinned.
The amendment to §65.19 will function by allowing not more than two
dogs to be used to trail wounded deer in 10 northeast-Texas counties.
The amendment to §65.26 will function by providing that bucks may
be taken by means of archery on Level II MLD properties during the archery
season, that the term 'appropriate tag' means a tag that is appropriate for
the sex of the deer that has been taken (i.e., a buck tag can only be used
on a buck deer, and an antlerless tag can only be used on an antlerless deer),
and that spike bucks are legal to take during the early portion of the extended
season.
The amendment to §65.28 will function by adding language to make it
clear that no LAMPS permit is required for antlerless deer legally killed
on a LAMPS property by lawful archery equipment during an archery-only season.
The amendment to §65.29 will function by making nonsubstantive changes
to clarify the intent of the regulation. The amendment makes clear that the
term 'appropriate tag' means a tag that is appropriate for the sex of the
deer that has been taken (i.e., a buck tag can only be used on a buck deer,
and an antlerless tag can only be used on an antlerless deer).
The amendment to §65.42 will function by: explicitly stating which
one-buck counties are in the East Zone and which are in the West Zone; adding
clarifying language in certain subsections, as necessary, to denote the counties
and portions of counties where antlerless deer may be taken without antlerless
permits; increasing the number of 'doe days' in 16 Panhandle counties from
16 to 30; clarifying that all hunting in Grayson County, including MLD properties,
is by archery only; creating a special regulation restricting the take of
buck deer in six south-central counties; and by altering the late youth-only
deer season to require antlerless permits for the take of antlerless deer
in counties where permits are required during any part of the general season
open season.
The amendment to §65.64 will function by establishing a Fall season
for Rio Grande turkey in Hill County, and opening a standard Spring season
for Eastern turkey in five additional counties.
The amendment to §65.72, concerning Fish, will function by: eliminating
minimum length and daily bag limits for sunfish on Purtis Creek State Park
Lake; implementing a 14-24 inch slot length limit and a five fish daily bag
(of which only one fish 24 inches or greater may be harvested per day) for
largemouth bass on Gibbons Creek Reservoir; implementing an 18-inch minimum
length limit and five fish daily bag limit for largemouth bass on Brushy Creek
Lake; implementing a 20-inch minimum length limit and a three fish daily bag
limit for red drum on Coleto Creek Reservoir; eliminating the minimum length
limit for largemouth bass on Lake Alan Henry but allowing only two largemouth
bass less than 18 inches to be harvested, while continuing a daily bag limit
for the three bass species in the reservoir (largemouth, smallmouth, and spotted)
of five bass in any combination; implement a 16-inch minimum length limit
for largemouth bass on Lake Proctor; implementing a 16-inch minimum length
limit for largemouth bass and a two-fish daily bag limit for striped and hybrid
striped bass on Possum Kingdom Lake; implementing a requirement for all fish
landed in Texas conform with Texas size and bag limits; and by changing the
common name of the jewfish to Goliath grouper.
The department received 3,924 comments concerning adoption of the proposed
rules.
One hundred and sixteen commenters opposed adoption of the amendment imposing
antler restrictions in Austin, Colorado, Fayette, Lavaca, Lee, and Washington
counties. Of those commenting opposition, 31 stated that the regulation would
confuse hunters and lead to enforcement problems. The agency disagrees with
the comments and responds that the regulations are clear as to what constitutes
a legal buck, and that to be sure hunters are aware of the new regulations,
the department will conduct intensive public outreach in the affected counties.
No changes were made as a result of the comments. Fifteen commenters opposed
adoption of the proposed rule on the basis that trophy management should be
up to the individual landowner and not dictated by the state. The agency disagrees
with the comments and responds that the regulations are not aimed at trophy
management and do not abrogate any right enjoyed by landowners. The intent
of the regulation is to provide an ample reproductive supply of older buck
deer by preventing over harvest of young bucks. No changes were made as a
result of the comments. One commenter opposed adoption by stating that if
the majority of the buck harvest historically has been yearling deer and yet
there continues to be a harvestable surplus of animals, then there is no harm
being done to the resource and thus no reason for the regulation. The commenter
also stated that the protection of surplus animals for two to three years
would result in unnecessary and undesirable impacts on habitat. The department
disagrees with the comment and responds that while there may be a short-term
decrease in annual harvest, the protection of young bucks will eventually
result in a shift of the age structure such that the harvestable surplus will
be similar to the current situation, but composed of older animals. No changes
were made as a result of the comment. The department received 427 comments
in support of adoption of the proposed amendment.
The department received 77 comments opposing adoption of the amendment
that would allow wounded deer to be trailed with dogs in certain counties
where the practice is currently prohibited. Fourteen of the commenters stated
that unscrupulous people would abuse the liberalization and would use dogs
to hunt deer rather than to trail them. The department disagrees with the
comments and responds that it is illegal to hunt deer with dogs anywhere in
this state, but that in the majority of counties people are allowed to trail
wounded deer with dogs and do so without problems. The department believes
that the likelihood of abuse is minimal in the named counties. No changes
were made as a result of the comments. Two of the commenters stated that dogs
used to trail deer should be required to be kept on a leash. The department
disagrees with the comments and responds that the regulation, by allowing
no more than two dogs to be used, serves the same purpose, since that number
is insufficient to hunt deer effectively. No changes were made as a result
of the comments. Two of the commenters stated opposition because of concern
that dogs do not respect private property distinctions. The department disagrees
with the comments and responds that the sorts of problems historically associated
with large numbers of dogs used to hunt are quite different than the case
of using two or fewer dogs to trail. No changes were made as a result of the
comments. The department received 97 comments supporting adoption of the proposed
amendment.
The department received 33 comments opposing adoption of an amendment that
would allow the take of spike bucks by gun in October on properties for which
MLD Level II permits have been issued. Two of the commenters stated that the
amendment would interfere with archery season. The department disagrees with
the comments and responds that under current regulations, gun hunting already
is allowed for antlerless deer on Level II properties, and that in any event,
target shooting and other hunting activities employing firearms are lawful
during that time period. No changes were made as a result of the comments.
The department received 140 comments supporting adoption of the proposed amendment.
The department received 20 comments opposing adoption of an amendment that
would allow the take of buck deer by means of archery on Level II MLD properties
during the archery-only open season. The department received 148 comments
supporting adoption of the proposed amendments.
The department received 32 comments opposing an amendment that would increase
the number of 'doe days' for white-tailed deer in selected Panhandle counties.
Four commenters stated that the deer populations were not large enough to
withstand additional harvest. The department disagrees with the comments and
responds that biological data gathered from the affected counties indicates
that given the hunting pressure and population trend survey data, the population
in the affected counties can easily withstand additional harvest without stressing
the population. No changes were made as a result of the comments. One commenter
stated that the season was long enough as it is. The department disagrees
with the comment and responds that commission policy is to create as much
hunting opportunity as possible without causing depletion, and that given
the biological data, a longer doe season is justifiable. No changes were made
as a result of the comment. The department received 135 comments in support
of adoption of the proposed amendment.
The department received 63 comments opposing adoption of an amendment that
would require antlerless deer to be taken by permit in the late youth-only
season in counties where antlerless permits are required during the general
season. One commenter stated that because the harvest by youth hunters is
low enough to be biologically inconsequential, there should be no permit requirement,
which would encourage more youth to go hunting. The department disagrees with
the comment and responds that the regulation is intended to establish consistency
in hunting regulations by maintaining antlerless permit requirements across
the board in counties where antlerless deer are protected by permit requirements.
No changes were made as a result of the comment. One commenter opposed the
amendment because it would lead to the harvest of pregnant does. The department
disagrees with the comments and responds that deer seasons are established
in large part based on breeding chronology data and are intended to take place
after the majority of breeding has taken place. No changes were made as a
result of the comment. The department received 118 comments supporting adoption
of the proposed amendment.
The department received 29 comments opposing adoption of an amendment that
would eliminate the requirement that the head accompanying the carcass of
a white-tailed deer be unskinned. Two commenters stated that elimination of
the requirement would lead to abuse. The department disagrees with the comment
and responds that the sex of a deer is distinguishable based on the skull
alone. No changes were made as a result of the comment. One commenter stated
that the regulation was confusing. The department disagrees with the comment
and responds that the amendment should make the regulation both easier to
understand and to comply with. No changes were made as a result of the comment.
The department received 159 comments in support of adoption of the proposed
amendment.
The department received 10 comments opposing adoption of an amendment that
would establish a fall season for Rio Grande turkey in Fall County. One hundred
and forty six persons commented in favor of adoption of the proposed amendment.
The department received nine comments in opposition to adoption of an amendment
that would establish a season for Eastern turkey in four additional counties.
One hundred and thirty four persons supported adoption of the proposed amendment.
The department received 51 comments opposing adoption of an amendment that
would create a white-tailed deer log on the hunting license. Fifteen commenters
stated that they were opposed to additional paperwork that if improperly done
would create the possibilities of being cited. The department disagrees with
the comment and responds that given the trade-off in complexity associated
with selecting the proper tag for use in any given situation under the previous
system, the simplified tag format presents fewer difficulties. No changes
were made as a result of the comments. Three commenters stated that by eliminating
county-specific tags, a potential for abuse would be created. The department
disagrees with the comments and responds that it is unlawful to fail to immediately
fill out the license log upon kill, just as it is unlawful to fail to fill
out a tag upon kill. No changes were made as result of the comments. One commenter
stated that the three-buck bag limit should be eliminated. The department
disagrees with the commenter and responds that the statewide bag limit has
no bearing on the license log issue. No changes were made as a result of the
comment. The department received 156 comments in support of adoption of the
proposed amendment.
The department received no comments opposing an amendment to change harvest
regulations for sunfish on Purtis Creek State Park Lake. Seventy-four comments
supported adoption of the proposed amendment.
The department received four comments opposing an amendment to change harvest
regulations for red drum on Coleto Creek Reservoir. The commenters stated
that the regulation would impact spawning red drum. The department disagrees
with the comments and responds that red drum do not spawn in fresh water.
No changes were made as a result of the comments. Sixty-one commenters supported
adoption of the proposed amendment.
The department received nine comments opposing an amendment to change harvest
regulations for largemouth bass on Gibbons Creek Reservoir. The commenters
objected to the amendment on the basis that it was too stringent. The department
disagrees with the comments and responds that the regulation is intended to
allow some harvest of smaller stock size bass as well as trophy largemouth
bass, and to renew angling interest in Gibbons Creek Reservoir and increase
visitation to the reservoir. No changes were made as a result of the comments.
The department received 70 comments supporting adoption of the proposed amendment.
The department received ten comments opposing an amendment to change harvest
regulations for largemouth bass on Brushy Creek Lake. The commenters stated
that the minimum length limit was too high and requested the statewide minimum.
The department disagrees with the comments and responds that the 18-inch minimum
has been proven to be an effective technique to prevent initial over harvest
in new reservoirs such as Brushy Creek, which is in the long-term best interest
of this fishery. No changes were made as a result of the comments. The department
received 60 comments supporting adoption of the proposed amendment.
The department received 20 comments opposing an amendment to change harvest
regulations for largemouth bass on Possum Kingdom. The commenters stated that
the regulations would negatively impact bass angling tournaments. The department
disagrees with the comments and responds that the additional harvest protection
is needed in the reservoir to help fish populations to recover from a severe
golden algae outbreak in 2001. No changes were made as a result of the comments.
The department received 65 comments in support of adoption of the proposed
amendment.
The department received 16 comments opposing an amendment to change harvest
regulations for striped bass and hybrid striped bass on Possum Kingdom Reservoir.
The commenters requested more stringent regulations. The department disagrees
with the comments and responds that more stringent regulations would result
in additional, unnecessary negative impact on fishing activity on the reservoir.
No changes were made as a result of the comments. The department received
72 comments in support of adoption of the proposed amendment.
The department received 16 comments opposing an amendment to change harvest
regulations for largemouth bass on Lake Alan Henry. The commenters stated
that the regulations were too complex. Staff disagrees with the comments and
responds that the regulation is necessary to reduce the overall abundance
of largemouth bass and allow the prey base a chance to rebound, resulting
in increased growth rates and condition of the remaining largemouth bass population.
In addition, by allowing the harvest of some smaller bass, the "stockpiling"
of largemouth bass below the 18-inch minimum length limit will be avoided.
No changes were made as a result of the comments. The department received
54 comments supporting adoption of the proposed amendment.
The department received 11 comments opposing an amendment to change harvest
regulations for largemouth bass on Lake Proctor. The commenters stated that
the amendment would negatively impact angling tournaments. The department
disagrees with the comments and responds that the amendment is intended to
take advantage of recent excellent spawning conditions in the reservoir and
is expected to have long-term, beneficial impacts to the bass fishery by protecting
younger age-class fish. No changes were made as a result of the comments.
The department received 59 comments in support of adoption of the proposed
amendment.
The department received 657 comments opposing adoption of a proposed amendment
that would require all fish landed in Texas from border waters to conform
to Texas size and bag limits. Two commenters stated that the regulation would
reduce angling opportunities for youth. The department disagrees and responds
while youth participation is crucial, there is no evidence to suggest that
youth will be discouraged by having to comply with Texas size and bag limits.
No changes were made as a result of the comments. One commenter stated that
Sabine Lake is not a bay system but a lake, and that fish migrate to the Gulf
and do not return. The department disagrees with the comment and responds
that although the name is misleading, Sabine Lake is by any reasonable biological
or geomorphologic definition a marine embayment, and that the marine resources
contained within the system behave as such organisms behave in all other bay
systems of the state. No changes were made as a result of the comment. The
department received 721 comments supporting adoption of the proposed amendment.
The department received one comment opposing adoption of the proposed rules,
stating that since the department prohibits the feeding of corn to deer on
state parks, the prohibition should be extended statewide. The department
disagrees with the comment and responds that the feeding prohibition in state
parks is safety related, designed to prevent congregations of wild animals
where they would constitute a safety hazard to park visitors. No changes were
made as a result of the comment.
1.
GENERAL PROVISIONS
31 TAC §§65.3, 65.7, 65.10, 65.19, 65.26, 65.28, 65.29
The amendments and new section are adopted under the authority
of Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife
Conservation Act of 1983), which provides the Commission with authority to
establish wildlife resource regulations for this state.
§65.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. All
other words and terms in this chapter shall have the meanings assigned in
the Texas Parks and Wildlife Code.
(1)
Agent--A person authorized by a landowner to act on behalf
of the landowner. For the purposes of this chapter, the use of the term "landowner"
also includes the landowner's agent.
(2)
Annual bag limit--The quantity of a species of a wildlife
resource that may be taken from September 1 of one year to August 31 of the
following year.
(3)
Antlerless deer--A deer having no hardened antler protruding
through the skin.
(4)
Antler point--A projection that extends at least one inch
from the edge of a main beam or another tine. The tip of a main beam is also
a point.
(5)
Artificial lure--Any lure (including flies) with hook or
hooks attached that is man-made and is used as a bait while fishing.
(6)
Bait--Something used to lure any wildlife resource.
(7)
Baited area--Any area where minerals, vegetative material
or any other food substances are placed so as to lure a wildlife resource
to, on, or over that area.
(8)
Bearded hen--A female turkey possessing a clearly visible
beard protruding through the feathers of the breast.
(9)
Buck deer--A deer having a hardened antler protruding through
the skin.
(10)
Cast net--A net which can be hand-thrown over an area.
(11)
Coastal waters boundary--All public waters east and south
of the following boundary are considered coastal waters: Beginning at the
International Toll Bridge in Brownsville, thence northward along U.S. Highway
77 to the junction of Paredes Lines Road (F.M. Road 1847) in Brownsville,
thence northward along F.M. Road 1847 to the junction of F.M. Road 106 east
of Rio Hondo, thence westward along F.M. Road 106 to the junction of F.M.
Road 508 in Rio Hondo, thence northward along F.M. Road 508 to the junction
of F.M. Road 1420, thence northward along F.M. Road 1420 to the junction of
State Highway 186 east of Raymondville, thence westward along State Highway
186 to the junction of U.S. Highway 77 near Raymondville, thence northward
along U.S. Highway 77 to the junction of the Aransas River south of Woodsboro,
thence eastward along the south shore of the Aransas River to the junction
of the Aransas River Road at the Bonnie View boat ramp; thence northward along
the Aransas River Road to the junction of F.M. Road 629; thence northward
along F.M. Road 629 to the junction of F.M. Road 136; thence eastward along
F.M. Road 136 to the junction of F.M. Road 2678; then northward along F.M.
Road 2678 to the junction of F.M. Road 774 in Refugio, thence eastward along
F.M. Road 774 to the junction of State Highway 35 south of Tivoli, thence
northward along State Highway 35 to the junction of State Highway 185 between
Bloomington and Seadrift, thence northwestward along State Highway 185 to
the junction of F.M. Road 616 in Bloomington, thence northeastward along F.M.
Road 616 to the junction of State Highway 35 east of Blessing, thence southward
along State Highway 35 to the junction of F.M. Road 521 north of Palacios,
thence northeastward along F.M. Road 521 to the junction of State Highway
36 south of Brazoria, thence southward along State Highway 36 to the junction
of F.M. Road 2004, thence northward along F.M. Road 2004 to the junction of
Interstate Highway 45 between Dickinson and La Marque, thence northwestward
along Interstate Highway 45 to the junction of Interstate Highway 610 in Houston,
thence east and northward along Interstate Highway 610 to the junction of
Interstate Highway 10 in Houston, thence eastward along Interstate Highway
10 to the junction of State Highway 73 in Winnie, thence eastward along State
Highway 73 to the junction of U.S. Highway 287 in Port Arthur, thence northwestward
along U.S. Highway 287 to the junction of Interstate Highway 10 in Beaumont,
thence eastward along Interstate Highway 10 to the Louisiana State Line. The
waters of Spindletop Bayou inland from the concrete dam at Russels Landing
on Spindletop Bayou in Jefferson County; public waters north of the dam on
Lake Anahuac in Chambers County; the waters of Taylor Bayou and Big Hill Bayou
inland from the saltwater locks on Taylor Bayou in Jefferson County; Lakeview
City Park Lake, West Guth Park Pond, and Waldron Park Pond in Nueces County;
Galveston County Reservoir and Galveston State Park ponds #1-7 in Galveston
County; Lake Burke-Crenshaw and Lake Nassau in Harris County; Fort Brown Resaca,
Resaca de la Guerra, Resaca de la Palma, Resaca de los Cuates, Resaca de los
Fresnos, Resaca Rancho Viejo, and Town Resaca in Cameron County; and Little
Chocolate Bayou Park Ponds #1 and #2 in Calhoun County are not considered
coastal waters for purposes of this subchapter.
(12)
Community fishing lake--All public impoundments 75 acres
or smaller located totally within an incorporated city limits or a public
park, and all impoundments of any size lying totally within the boundaries
of a state park.
(13)
Crab line--A baited line with no hook attached.
(14)
Daily bag limit--The quantity of a species of a wildlife
resource that may be lawfully taken in one day.
(15)
Day--A 24-hour period of time that begins at midnight
and ends at midnight.
(16)
Dip net--A mesh bag suspended from a frame attached to
a handle.
(17)
Final processing--the cleaning of a dead wildlife resource
for cooking or storage purposes.
(18)
Fish--
(A)
Game fish--Blue catfish, blue marlin, broadbill swordfish,
brown trout, channel catfish, cobia, crappie (black and white), flathead catfish,
Guadalupe bass, king mackerel, largemouth bass, longbill spearfish, pickerel,
red drum, rainbow trout, sailfish, sauger, sharks, smallmouth bass, snook,
Spanish mackerel, spotted bass, spotted seatrout, striped bass, tarpon, wahoo,
walleye, white bass, white marlin, yellow bass, and hybrids or subspecies
of the species listed in this subparagraph.
(B)
Non-game fish--All species not listed as game fish, except
endangered and threatened fish, which are defined and regulated under separate
proclamations.
(19)
Fishing--Taking or attempting to take aquatic animal life
by any means.
(20)
Fish length--That straight-line measurement (while the
fish is lying on its side) from the tip of the snout (jaw closed) to the extreme
tip of the tail when the tail is squeezed together or rotated to produce the
maximum overall length.
(21)
Fish species names--The names of fishes are those prescribed
by the American Fisheries Society in the most recent edition of "A List of
Common and Scientific Names of Fishes of The United States and Canada."
(22)
Fully automatic firearm--Any firearm that is capable of
firing more than one cartridge in succession by a single function of the trigger.
(23)
Gaff--Any hand-held pole with a hook attached directly
to the pole.
(24)
Gear tag--A tag constructed of material as durable as
the device to which it is attached. The gear tag must be legible, contain
the name and address of the person using the device, and, except for saltwater
trotlines and crab traps, the date the device was set out.
(25)
Gig--Any hand-held shaft with single or multiple points.
(26)
Jug line--A fishing line with five or less hooks tied
to a free-floating device.
(27)
Lawful archery equipment--Longbow, recurved bow, and compound
bow.
(28)
License year--The period of time for which an annual hunting
or fishing license is valid.
(29)
Muzzleloader--Any firearm that is loaded only through
the muzzle.
(30)
Natural bait--A whole or cut-up portion of a fish or shellfish
or a whole or cut-up portion of plant material in its natural state, provided
that none of these may be altered beyond cutting into portions.
(31)
Permanent residence--One's principal or ordinary home
or dwelling place. This does not include a temporary abode or dwelling such
as a hunting/fishing club, or any club house, cabin, tent, or trailer house
used as a hunting/fishing club, or any hotel, motel, or rooming house used
during a hunting, fishing, pleasure, or business trip.
(32)
Pole and line--A line with hook, attached to a pole. This
gear includes rod and reel.
(33)
Possession limit--The maximum number of a wildlife resource
that may be lawfully possessed at one time.
(34)
Purse seine (net)--A net with flotation on the corkline
adequate to support the net in open water without touching bottom, with a
rope or wire cable strung through rings attached along the bottom edge to
close the bottom of the net.
(35)
Sail line--A type of trotline with one end of the main
line fixed on the shore, the other end of the main line attached to a wind-powered
floating device or sail.
(36)
Sand Pump--A self-contained, hand-held, hand-operated
suction device used to remove and capture Callianassid ghost shrimp (Callichirus
islagrande, formerly Callianassa islagrande) from their burrows.
(37)
Seine--A section of non-metallic mesh webbing, the top
edge buoyed upwards by a floatline and the bottom edge weighted.
(38)
Silencer or sound-suppressing device--Any device that
reduces the normal noise level created when the firearm is discharged or fired.
(39)
Spear--Any shaft with single or multiple points, barbed
or barbless, which may be propelled by any means, but does not include arrows.
(40)
Spear gun--Any hand-operated device designed and used
for propelling a spear, but does not include the crossbow.
(41)
Spike-buck deer--A buck deer with no antler having more
than one point.
(42)
Throwline--A fishing line with five or less hooks and
with one end attached to a permanent fixture. Components of a throwline may
also include swivels, snaps, rubber and rigid support structures.
(43)
Trap--A rigid device of various designs and dimensions
used to entrap aquatic life.
(44)
Trawl--A bag-shaped net which is dragged along the bottom
or through the water to catch aquatic life.
(45)
Trotline--A nonmetallic main fishing line with more than
five hooks attached and with each end attached to a fixture.
(46)
Umbrella net--A non-metallic mesh net that is suspended
horizontally in the water by multiple lines attached to a rigid frame.
(47)
Upper-limb disability--A permanent loss of the use of
fingers, hand or arm in a manner that renders a person incapable of using
a longbow, compound bow or recurved bow.
(48)
Wildlife resources--All game animals, game birds, and
aquatic animal life.
(49)
Wounded deer--A deer leaving a blood trail.
§65.26.Managed Lands Deer (MLD) Permits.
(a)
MLD permits may be issued only to a landowner who has a
current WMP in accordance with §65.25 of this title (relating to Wildlife
Management Plan). In the case that a landowner is otherwise in fulfillment
of the provisions of §65.25 of this title but does not have current survey
data, the department may conditionally authorize partial issuance of MLD permits,
not to exceed 30 per cent of the total MLD permits to be issued for that property
during the affected license year, with the balance of MLD permits to be issued
upon submission of the required survey data.
(b)
An applicant may request the issuance of any type of MLD
listed in this section.
(1)
Level 1. Level 1 MLD permits authorize only the take of
antlerless white-tailed or antlerless mule deer. A Level 1 MLD permit is valid
during any open season in the county for which it is issued, the bag limit
for antlerless deer in that county applies, and the provisions of §65.42(b)(8)
of this title (relating to Archery-Only Open Season), §65.42(b)(9) of
this title (relating to Muzzleloader-Only Open Season), and the stamp requirements
of Parks and Wildlife Code, Chapter 43, Subchapters I and Q, apply.
(2)
Level 2.
(A)
Level 2 MLD permits authorize the take of buck or antlerless
white-tailed deer as specified by the permit.
(i)
A Level 2 antlerless permit is valid from the Saturday
closest to September 30 through the last Sunday in January and during any
open season on the property for which it is issued;
(ii)
A Level 2 buck permit is valid:
(I)
for spike bucks taken by any lawful means and for bucks
taken by means of lawful archery equipment: from the Saturday closest to September
30 through the last Sunday in January, and during any open season on the property
for which it is issued; and
(II)
for any buck, irrespective of means: from the opening
day of the general open season in the county for which it is issued through
the last Sunday in January, and during any open season other than the archery-only
open season on the property for which it is issued.
(B)
On all tracts of land for which Level 2 MLD permits have
been issued:
(i)
the bag limit shall be five deer, no more than three bucks,
regardless of the county bag limit; and
(ii)
the provisions of §65.42(b)(8) of this title (relating
to Archery-Only Open Season), §65.42(b)(9) of this title (relating to
Muzzleloader-Only Open Season), and the stamp requirements of Parks and Wildlife
Code, Chapter 43, Subchapters I and Q, do not apply.
(C)
By acceptance of Level 2 MLD permits a landowner agrees
to accomplish at least two habitat management recommendations contained in
the WMP within three years of permit issuance, and agrees to maintain the
habitat management practices for as long as Level 2 permits are accepted thereafter.
A landowner who fails to accomplish at least two habitat management recommendations
of the WMP within three years is not eligible for Level 2 permits the following
year, but is eligible for Level 1 MLD permits or may choose to cease accepting
MLD permits.
(3)
Level 3. Level 3 MLD permits authorize the take of buck
and antlerless white-tailed deer as specified by the permit. A Level 3 MLD
permit is valid from the Saturday nearest September 30 through the last Sunday
in January and during any open season on the property for which it is issued.
On all tracts of land for which Level 3 MLD permits have been issued:
(A)
the bag limit shall be five deer, no more than three bucks,
regardless of the county bag limit; and
(B)
the provisions of §65.42(b)(8) of this title, §65.42(b)(9)
of this title, and the stamp requirements of Parks and Wildlife Code, Chapter
43, Subchapters I and Q, do not apply.
(C)
By acceptance of Level 3 MLD permits a landowner agrees
to accomplish at least four habitat management recommendations contained in
the WMP within three years of permit issuance, and agrees to maintain the
habitat management practices for as long as Level 3 permits are accepted thereafter.
A landowner who fails to accomplish at least four habitat management recommendations
of the WMP within three years is not eligible for Level 3 permits the following
year, but may be eligible for other levels of MLD permits or may choose to
cease accepting MLD permits.
(c)
The number of MLD permits distributed to a hunter shall
be at the discretion of the landowner.
(d)
Except for deer taken under an Antlerless and Spike-Buck
Control Permit, all deer harvested by MLD permit must immediately be tagged
with an appropriate tag (i.e., buck tag for buck deer, antlerless tag for
antlerless deer) from the hunting license of the person who killed the deer
or a valid bonus tag. If an appropriate MLD permit is not attached immediately
at the time of kill, the person who killed the deer shall immediately take
the carcass to a location on the property where an appropriate MLD tag shall
be attached.
(e)
If a landowner in possession of MLD permits does not wish
to abide by the harvest quota or habitat management practices specified by
the WMP, the landowner must return all MLD permits to the department by the
Saturday closest to September 30.
(f)
In the event that unforeseeable developments such as floods,
droughts, or other natural disasters make the attainment of recommended habitat
management practices impractical or impossible, the department may, on a case-by-case
basis, waive the requirements of this section.
(g)
The department reserves the right to deny further issuance
of MLD permits to a landowner who exceeds the harvest quota specified by the
WMP or who does not otherwise abide by the WMP. A property for which the department
denies further permit issuance under this subsection is ineligible to receive
MLD permits for a period of three years from the date of denial.
(h)
Administratively complete applications received by the
department before August 15 of each year shall be approved or denied by October
1 of the same year.
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 14, 2002.
TRD-200202997
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 3, 2002
Proposal publication date: February 22, 2002
For further information, please call: (512) 389-4775
31 TAC §65.42, §65.64
The amendments are adopted under the authority of Parks and
Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation
Act of 1983), which provides the Commission with authority to establish wildlife
resource regulations for this state.
§65.42.Deer.
(a)
Except as provided in §65.27 of this title (relating
to Antlerless and Spike-Buck Deer Control Permits) or §65.29 of this
title (relating to Bonus Tags), no person may exceed the annual bag limit
of five white-tailed deer (no more than three bucks) and two mule deer (no
more than one buck).
(b)
White-tailed deer. The open seasons and annual bag limits
for white-tailed deer shall be as follows. No person may take more than two
bucks, in the aggregate, from the counties listed in paragraphs (1), (2),
and (6) of this subsection.
(1)
In Brewster, Culberson, Jeff Davis, Pecos, Presidio, Reeves,
Terrell, and Upton (that southeastern portion located both south of U.S. Highway
67 and east of State Highway 349) counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks.
(C)
No permit is required to hunt antlerless deer unless MLD
permits have been issued for the tract of land.
(2)
In Bandera, Bexar, Blanco, Brown, Burnet, Coke, Coleman,
Comal (west of Interstate 35), Concho, Crockett, Edwards, Gillespie, Glasscock,
Hays (west of Interstate 35), Howard, Irion, Kendall, Kerr, Kimble, Kinney
(north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (north of U.S.
Highway 90), Menard, Mills, Mitchell, Nolan, Real, Reagan, Runnels, San Saba,
Schleicher, Sterling, Sutton, Tom Green, Travis (west of Interstate 35), Uvalde
(north of U.S. Highway 90) and Val Verde (north of U.S. Highway 90; and that
portion located both south of U.S. 90 and west of Spur 239) counties, there
is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: five deer, no more than two bucks.
(C)
Special Late General Season. In the counties listed in
this paragraph there is a special late general season for the take of antlerless
and spike-buck deer only.
(i)
Open season: 14 consecutive days starting the first Monday
following the first Sunday in January.
(ii)
Bag limit: five antlerless or spike-buck deer in the aggregate,
no more than two of which may be spike bucks.
(D)
No permit is required to hunt antlerless deer unless MLD
antlerless permits have been issued for the tract of land.
(3)
In Aransas, Atascosa, Bee, Brooks, Calhoun, Cameron, Dimmit,
Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway
90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S.
Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway
90), Val Verde (that southeastern portion located both south of U.S. Highway
90 and east of Spur 239), Webb, Willacy, Zapata, and Zavala counties, there
is a general open season.
(A)
Open season: the first Saturday in November through the
third Sunday in January.
(B)
Bag limit: five deer, no more than three bucks.
(C)
Special Late General Season. In the counties listed in
this paragraph there is a special late general season for the take of antlerless
and spike-buck deer only.
(i)
Open season: 14 consecutive days starting the first Monday
following the third Sunday in January.
(ii)
Bag limit: five antlerless or spike-buck deer in the aggregate,
no more than three of which may be spike bucks.
(D)
No permit is required to hunt antlerless deer unless MLD
antlerless permits have been issued for the tract of land.
(4)
No person may take or attempt to take more than one buck
deer per license year from the counties (or portions of counties), in the
aggregate, listed within this paragraph, except as provided in subsection
(a) of this section or authorized under the provisions of §65.26 of this
title (relating to Managed Land Deer Permits). For counties appearing both
in this paragraph and paragraph (5) of this subsection, the bag limit is one
buck deer, irrespective of the portion of the county in which take or attempted
take occurs.
(A)
The following counties are in the West 1-buck Zone. In
Archer, Baylor, Bosque, Callahan, Clay, Comanche, Coryell, Eastland, Erath,
Hamilton, Hood, Jack, Lampasas, Montague, Palo Pinto, Parker, Shackelford,
Somervell, Stephens, Taylor, Throckmorton, Wise, and Young counties, there
is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
No permit is required to hunt antlerless deer unless
MLD antlerless permits have been issued for the tract of land.
(B)
The following counties are in the West 1-Buck Zone. In
Armstrong, Borden, Briscoe, Carson, Crosby, Fisher, Floyd, Foard, Hall, Hansford,
Hardeman, Hutchinson, Jones, Knox, Ochiltree, Randall, Stonewall, Swisher,
Wichita, and Wilbarger counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first 16 days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. After the first 16 days, antlerless deer
may be taken only by MLD antlerless permits.
(C)
The following counties are in the West 1-Buck Zone. In
Childress, Collingsworth, Cottle, Dickens, Donley, Garza, Gray, Haskell, Hemphill,
Kent, King, Lipscomb, Motley, Roberts, Scurry, and Wheeler counties, there
is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
From opening day through the Sunday immediately following
Thanksgiving Day, antlerless deer may be taken without antlerless deer permits
unless MLD antlerless permits have been issued for the tract of land. If MLD
antlerless permits have been issued, they must be attached to all antlerless
deer harvested on the tract of land. From the Monday following Thanksgiving,
antlerless deer may be taken only by MLD antlerless permit.
(D)
The following counties are in the West 1-Buck Zone. In
Dallam, Hartley, Moore, Oldham, Potter, and Sherman Counties, there is a general
open season.
(i)
Open season: Saturday before Thanksgiving for 16 consecutive
days.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(E)
The following counties are in the West 1-Buck Zone. In
Crane, Ector, Loving, Midland, Upton (that portion located north of U.S. Highway
67; and that area located both south of U.S. Highway 67 and west of state
highway 349), and Ward counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(5)
No person may take or attempt to take more than one buck
deer per license year from the counties (or portions of counties), in the
aggregate, listed within this paragraph, except as provided in subsection
(a) of this section or authorized under the provisions of §65.26 of this
title (relating to Managed Land Deer Permits). For counties appearing both
in this paragraph and paragraph (4) of this subsection, the bag limit is one
buck deer, irrespective of the portion of the county in which take or attempted
take occurs.
(A)
The following counties are in the East 1-Buck Zone. In
Bell (west of IH 35), Grayson, McLennan, and Williamson (west of IH 35) counties,
there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
No permit is required to hunt antlerless deer unless
MLD antlerless permits have been issued for the tract of land.
(iv)
Special regulation. In Grayson County:
(I)
lawful means are restricted to lawful archery equipment
and crossbows only, including MLD properties; and
(II)
antlerless deer shall be taken by MLD permit only, except
on the Hagerman National Wildlife Refuge.
(B)
The following counties are in the East 1-Buck Zone. In
Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris, Jackson (south
of U.S. Highway 59), Matagorda, Victoria (south of U.S. Highway 59), and Wharton
(south of U.S. Highway 59) counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first 23 days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. If MLD permits have been issued, they must
be attached to all antlerless deer harvested on the tract of land. After the
first 23 days, antlerless deer may be taken only by MLD antlerless permits.
(C)
The following counties are in the East 1-Buck Zone. In
Cooke, Denton, Hill, Johnson, and Tarrant counties, there is a general open
season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first nine days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. After the first nine days, antlerless deer
may be taken only by MLD antlerless permits.
(D)
The following counties are in the East 1-Buck Zone. In
Anderson, Bowie, Brazos, Burleson, Camp, Cherokee, Delta, Fannin, Franklin,
Freestone, Gregg, Grimes, Henderson, Hopkins, Houston, Hunt, Lamar, Leon,
Limestone, Madison, Morris, Navarro, Rains, Red River, Robertson, Rusk, Smith,
Titus, Upshur, Van Zandt, and Wood counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits
or LAMPS permits. On National Forest lands, the take of antlerless deer shall
be by permit only.
(E)
The following counties are in the East 1-Buck Zone. In
Cass, Harrison, Marion, Nacogdoches, Panola, Sabine, San Augustine and Shelby
Counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
From Thanksgiving Day through the Sunday immediately
following Thanksgiving Day, antlerless deer may be taken without antlerless
deer permits unless MLD, LAMPS, or Wildlife Management Area permits have been
issued for the tract of land. On National Forest, Corps of Engineers, and
Sabine River Authority lands, the take of antlerless deer shall be by permit
only. If MLD or LAMPS permits have been issued, they must be attached to all
antlerless deer harvested on the tract of land. From the first Saturday in
November through the day before Thanksgiving Day, and from the Monday immediately
following Thanksgiving Day through the first Sunday in January, antlerless
deer may be taken only by MLD antlerless deer permits or LAMPS permits.
(F)
The following counties are in the East 1-Buck Zone. In
Austin, Bastrop, Bell (east of Interstate 35), Caldwell, Colorado, Comal (east
of Interstate 35), DeWitt, Ellis, Falls, Fayette, Goliad (north of U.S. Highway
59), Gonzales, Guadalupe, Hays (east of Interstate 35), Jackson (north of
U.S. Highway 59), Karnes, Kaufman, Lavaca, Lee, Milam, Travis (east of Interstate
35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north
of U.S. Highway 59), Williamson (east of Interstate 35), and Wilson counties,
there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(iv)
Special regulation. Except on properties for which MLD
level II or III permits have been issued, no person may take a buck deer in
Austin, Colorado, Lavaca, Fayette, Lee, and Washington counties unless the
deer meets one of the following criteria:
(I)
one unbranched antler;
(II)
one antler with at least six antler points; or
(III)
a distance between the main antler beams of 13 inches
or greater.
(6)
In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, and Walker
counties, there is a general open season.
(A)
Open season: first Saturday in November through the first
Sunday in January.
(B)
Bag limit: four deer, no more than two bucks and no more
than two antlerless.
(C)
From opening day through the Sunday immediately following
Thanksgiving, antlerless deer may be taken without antlerless deer permits
unless MLD, LAMPS, or Wildlife Management Area permits have been issued for
the tract of land. On National Forest, Corps of Engineers, Sabine River Authority,
and Trinity River Authority lands, the take of antlerless deer shall be by
permit only. If MLD or LAMPS permits have been issued, they must be attached
to all antlerless deer harvested on the tract of land. From the Monday following
Thanksgiving, antlerless deer may be taken only by MLD antlerless permits
or LAMPS permits. On tracts of land for which LAMPS permits have been issued,
no LAMPS permit is required for the harvest of antlerless deer during the
archery-only or muzzleloader-only open season.
(7)
In Andrews, Bailey, Castro, Cochran, Collin, Dallas, Dawson,
Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth, Lamb, Lubbock,
Lynn, Martin, Parmer, Rockwall, Terry, Winkler, and Yoakum counties, there
is no general open season.
(8)
Archery-only open seasons. In all counties where there
is a general open season for white-tailed deer, there is an archery-only open
season during which either sex of white-tailed deer may be taken as provided
for in §65.11(2) and (3) of this title (relating to Means and Methods).
(A)
Open season: the Saturday closest to September 30 for 30
consecutive days.
(B)
Bag limit: the bag limit in any given county is as provided
for that county during the general open season.
(C)
No permit is required to hunt antlerless deer unless MLD
permits have been issued for the property.
(9)
Muzzleloader-only open seasons, and bag and possession
limits shall be as follows.
(A)
In Brewster, Culberson, Jeff Davis, Pecos, Presidio, Reeves,
Terrell, and Upton (that portion located both south of U.S. Highway 67 and
east of state highway 349) counties, there is an open season during which
only antlerless and spike-buck deer may be taken only with a muzzleloader.
(i)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two spike bucks.
(B)
In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, and Tyler counties, there is an open season
during which only antlerless and spike-buck deer may be taken only with a
muzzleloader.
(i)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two spike bucks and no more than two antlerless.
(C)
No permit is required to hunt antlerless deer unless MLD
permits have been issued for the property.
(10)
Special Youth-Only Seasons. Except on properties for which
Level III MLD permits have been issued, there shall be special youth-only
general hunting seasons in all counties where there is a general open season
for white-tailed deer.
(A)
early open season: the Saturday and Sunday immediately
before the first Saturday in November.
(i)
Bag limits, provisions for the take of antlerless deer,
and special requirements in the individual counties listed in paragraphs (1)-(6)
of this subsection shall be as specified for the first two days of the general
open season in those counties, except as provided in clause (ii) of this subparagraph.
(ii)
Provisions for the take of antlerless deer in the individual
counties listed in paragraph (5)(E) of this subsection shall be as specified
in those counties for the period of time from Thanksgiving Day through the
Sunday immediately following Thanksgiving Day.
(B)
late antlerless-only open season: the third weekend (Saturday
and Sunday) in January, during which only antlerless deer may be taken. The
bag limit shall be as specified for antlerless deer in the county by paragraphs
(1)-(6) of this subsection. In counties where the hunting of antlerless deer
is by permit only during any portion of the general season, an antlerless
permit is required for the take of antlerless deer during the season established
by this subparagraph. This subparagraph does not apply:
(i)
in counties where the general season, special late season,
or muzzleloader-only season is open; or
(ii)
on properties for which Level II or III MLD permits have
been issued.
(C)
Only licensed hunters 16 years of age or younger may hunt
deer by means of firearms during the season established by subparagraph (A)
of this paragraph; all other deer hunting shall be by means of lawful archery
equipment and crossbows only.
(D)
Only licensed hunters 16 years of age or younger may hunt
deer during the season established by subparagraph (B) of this paragraph.
(E)
The stamp requirements of Parks and Wildlife Code, Chapter
43, Subchapters I and Q, do not apply during the seasons established by this
paragraph.
(c)
Mule deer. The open seasons and annual bag limits for mule
deer shall be as follows.
(1)
In Armstrong, Borden, Briscoe, Carson, Childress, Coke,
Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher,
Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hutchinson,
Kent, King, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts,
Scurry, Stonewall, and Swisher counties, there is a general open season.
(A)
Open season: Saturday before Thanksgiving for 16 consecutive
days.
(B)
Bag limit: two deer, no more than one buck.
(C)
Antlerless deer may be taken only by Antlerless Mule Deer
or MLD Permits.
(2)
In Brewster, Crane, Crockett, Culberson, Ector, El Paso,
Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell,
Upton, Val Verde, Ward, and Winkler counties, there is a general open season.
(A)
Open season: last Saturday in November for 16 consecutive
days.
(B)
Bag limit: two deer, no more than one buck.
(C)
Antlerless deer may be taken only by Antlerless Mule Deer
or MLD Permits.
(3)
In Andrews (west of U.S. Highway 385), Bailey, Cochran,
Hockley, Lamb, Terry, and Yoakum counties, there is a general open season.
(A)
Open season: Saturday before Thanksgiving for nine consecutive
days.
(B)
Bag limit: two deer, no more than one buck.
(C)
Antlerless deer may be taken only by Antlerless Mule Deer
or MLD Permits.
(4)
In all other counties, there is no general open season
for mule deer.
(5)
Archery-only open seasons and bag and possession limits
shall be as follows. During an archery-only open season, deer may be taken
only as provided for in §65.11(2) and (3) of this title (relating to
Means and Methods). No antlerless permit is required unless MLD antlerless
permits have been issued for the property.
(A)
In Armstrong, Borden, Briscoe, Carson, Childress, Coke,
Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith,
Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall,
Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King,
Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio,
Randall, Reagan, Reeves, Roberts, Scurry, Stonewall, Swisher, Upton, Val Verde,
Ward, and Winkler counties, there is an open season.
(i)
Open season: from the Saturday closest to September 30
for 30 consecutive days.
(ii)
Bag limit: one buck deer.
(B)
In Brewster, Pecos, and Terrell counties, there is an open
season.
(i)
Open season: from the Saturday closest to September 30
for 30 consecutive days.
(ii)
Bag limit: two deer, no more than one buck.
(C)
In all other counties, there is no archery-only open season
for mule deer.
§65.64.Turkey.
(a)
The annual bag limit for Rio Grande and Eastern turkey,
in the aggregate, is four, no more than one of which may be an Eastern turkey.
(b)
Rio Grande Turkey. The open seasons and bag limits for
Rio Grande turkey shall be as follows.
(1)
Fall seasons and bag limits:
(A)
In Archer, Bandera, Bell, Bexar, Blanco, Bosque, Burnet,
Clay, Comal, Comanche, Cooke, Coryell, Erath, Gillespie, Goliad, Gonzales,
Hamilton, Hays, Hill, Hood, Jack, Karnes, Kendall, Kerr, Lampasas, Llano,
McLennan, Medina (only north of U.S. Highway 90), Montague, Palo Pinto, Parker,
Real, Somervell, Stephens, Travis, Wichita, Williamson, Wilson, Wise, and
Young counties, there is a fall general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: four turkeys, gobblers or bearded hens.
(B)
In Aransas, Atascosa, Bee, Calhoun, Dimmit, Duval, Frio,
Hidalgo, Jim Hogg, Jim Wells, LaSalle, Live Oak, Maverick, McMullen, Medina
(south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Webb, and
Zavala counties, there is a fall general open season.
(i)
Open season: first Saturday in November through the third
Sunday in January.
(ii)
Bag limit: four turkeys, gobblers or bearded hens.
(C)
In Kinney (south of U.S. Highway 90) and Uvalde (south
of U.S. Highway 90), and Val Verde (in that southeastern portion located both
south of U.S. Highway 90 and east of Spur 239) counties, there is a fall general
open season.
(i)
Open season: first Saturday in November through the third
Sunday in January.
(ii)
Bag limit: four turkeys, either sex.
(D)
In Brooks, Kenedy, Kleberg, and Willacy counties, there
is a fall general open season.
(i)
Open season: first Saturday in November through the last
Sunday in February.
(ii)
Bag limit: four turkeys, either sex.
(E)
In Armstrong, Baylor, Borden, Briscoe, Brown, Callahan,
Carson, Childress, Coke, Coleman, Collingsworth, Concho, Cottle, Crane, Crockett,
Crosby, Dawson, Dickens, Donley, Eastland, Ector, Edwards, Fisher, Floyd,
Foard, Garza, Glasscock, Gray, Hall, Hardeman, Hartley, Haskell, Hemphill,
Howard, Hutchinson, Irion, Jones, Kent, Kimble, King, Kinney (north of U.S.
Highway 90), Knox, Lipscomb, Lynn, Martin, Mason, McCulloch, Menard, Midland,
Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Pecos, Potter, Randall,
Reagan, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford,
Sterling, Stonewall, Swisher, Taylor, Terrell, Throckmorton, Tom Green, Upton,
Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wilbarger, and Val Verde
(that portion located north of U.S. Highway 90; and that portion located both
south of U.S. 90 and west of Spur 239) counties, there is a fall general open
season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: four turkeys, either sex.
(2)
Archery-only season and bag limits. In all counties where
there is a general fall season for turkey there is an open season during which
turkey may be taken only as provided for in §65.11(2) and (3) of this
title (relating to Means and Methods).
(A)
Open season: from the Saturday closest to September 30
for 30 consecutive days.
(B)
Bag limit: in any given county, the annual bag limit is
as provided by this section for the fall general season in that county.
(3)
Spring season and bag limits.
(A)
In Archer, Armstrong, Bandera, Baylor, Bell, Blanco, Borden,
Bosque, Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay,
Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle,
Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector,
Edwards, Ellis, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock,
Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood,
Howard, Hutchinson, Irion, Jack, Jeff Davis, Johnson, Jones, Kendall, Kent,
Kerr, Kimble, King, Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason,
McCulloch, McLennan, Menard, Midland, Mills, Mitchell, Montague, Moore, Motley,
Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan,
Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell,
Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell,
Throckmorton, Tom Green, Travis, Upton, Val Verde, Ward, Wheeler, Wichita,
Wilbarger, Williamson, Wise, and Young counties, there is a spring general
open season.
(i)
Open season: first Saturday in April for 37 consecutive
days.
(ii)
Bag limit: four turkeys, gobblers only.
(B)
In Bastrop, Caldwell, Colorado, De Witt, Fayette, Guadalupe,
Jackson, Lavaca, Lee, Milam, and Victoria counties, there is a spring general
open season.
(i)
Open season: first Saturday in April for 37 consecutive
days.
(ii)
Bag limit: one turkey, gobblers only.
(C)
In Aransas, Atascosa, Bee, Bexar, Brooks, Calhoun, Dimmit,
Duval, Frio, Goliad, Gonzales, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy,
Kinney, Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina, Nueces, Refugio,
San Patricio, Starr, Uvalde, Webb, Willacy, Wilson, and Zavala counties, there
is a spring general open season.
(i)
Open season: last Saturday in March for 37 consecutive
days.
(ii)
Bag limit: four turkeys, gobblers only.
(4)
Special Youth-Only Season.
(A)
There shall be a special youth-only general hunting season
in all counties where there is a fall general open season.
(i)
open season : the weekend (Saturday and Sunday) immediately
preceding the first Saturday in November, and the third weekend (Saturday
and Sunday) in January.
(ii)
bag limit: as specified for individual counties in paragraph
(1) of this subsection.
(B)
Only licensed hunters 16 years of age or younger may hunt
during the season established by this subsection.
(c)
Eastern turkey. The open seasons and bag limits for Eastern
turkey shall be as follows. In Angelina, Bowie, Brazoria, Camp, Cass, Cherokee,
Delta, Fannin, Fort Bend, Franklin, Grayson, Gregg, Harrison, Hopkins, Houston,
Hunt, Jasper, Lamar, Marion, Matagorda, Montgomery (north of State Hwy. 105),
Morris, Nacogdoches, Newton, Panola, Polk, Rains, Red River, Rusk, Sabine,
San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler (north of
U.S. Hwy. 190), Upshur, Walker, Wharton, and Wood counties, there is a spring
season during which both Rio Grande and Eastern turkey may be lawfully hunted.
(1)
Open season: the Monday nearest April 14 for 14 consecutive
days.
(2)
Bag limit (both species combined): one turkey, gobbler
only.
(3)
In the counties listed in this subsection:
(A)
it is unlawful to hunt turkey by any means other than a
shotgun, lawful archery equipment, or crossbows;
(B)
it is unlawful for any person to take or attempt to take
turkeys by the aid of baiting, or on or over a baited area; and
(C)
all turkeys harvested during the open season must be registered
at designated check stations within 24 hours of the time of kill. Harvested
turkeys may be field dressed but must otherwise remain intact.
(d)
In all counties not listed in subsection (b) or (c) of
this section, the season is closed for hunting turkey.
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 14, 2002.
TRD-200202998
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 3, 2002
Proposal publication date: February 22, 2002
For further information, please call: (512) 389-4775
Chapter 61.
DESIGN AND CONSTRUCTION
Chapter 65.
WILDLIFE
2.
OPEN SEASONS AND BAG LIMITS--HUNTING PROVISIONS
3.
SEASONS AND BAG LIMITS--FISHING PROVISIONS