31 TAC §65.315, §65.319
The Texas Parks and Wildlife Department adopts amendments
to §65.315 and §65.319, concerning the Migratory Game Bird Proclamation.
Section 65.315 is adopted with changes to the proposed text as published in
the May 23, 2003, issue of the
Texas Register
(28
TexReg 4071). Section 65.319 is adopted without changes and will not be republished.
The change to §65.315, concerning Open Seasons and Bag and Possession
Limits - Early Season, increases the proposed early teal season from nine
days to 16 days. The change is necessary because the department’s policy
is to adopt the most liberal seasons and bag limits possible under the U.S.
Fish and Wildlife Service early season frameworks, which this year allow the
department to implement a 16-day season.
The amendments are necessary to adjust the season dates for early-season
species of migratory game birds in order to account for calendar-shift, thus
maximizing hunter opportunity by providing the greatest number of weekends
within the federal frameworks.
The amendments will function by establishing the times and places for the
hunting of early-season species of migratory game birds, as well as daily
bag and possession limits.
Nine commenters stated a preference for a 60-day season and 15-bird bag
limit for doves in the Central Zone. The department disagrees with the comments
and responds that harvest and hunter surveys indicate that the longer season
and lower bag limit is favored by hunters in the Central Zone and will not
adversely affect hunter success. No changes were made as a result of the comments.
Four commenters stated a preference for a 60-day season and 15-bird bag
limit for doves in the South Zone. The department disagrees with the comments
and responds again that harvest and hunter surveys indicate that the longer
season and lower bag limit is favored by most hunters in the South Zone and
will not adversely affect hunter success. No changes were made as a result
of the comments.
One commenter stated a preference for a statewide 60-day/15-bird season.
The department disagrees with the comments and responds that harvest and hunter
surveys indicate that a longer season and lower bag limit is favored by hunters
in the South and Central Zones, while the shorter season and higher bag limit
is preferred by most hunters in the North Zone. No changes were made as a
result of the comments.
One commenter stated opposition to the 12-dove daily bag limit. The department
disagrees with the comment and responds that harvest and hunter surveys indicate
that a longer season and lower bag limit is favored by most hunters in the
South and Central Zones, while the shorter season and higher bag limit is
preferred by hunters in the North Zone. No changes were made as a result of
the comments.
Two commenters preferred that the South Zone dove season open on Friday,
September 26. The department disagrees with the comment and responds that
hunter preference is for the season to open on the first Friday after September
20, unless September 20 falls on a Saturday. Under federal regulations, the
season cannot open prior to September 20. No changes were made as a result
of the comment.
One commenter preferred that the South Zone dove season open on Friday,
September 19. The department disagrees with the comment and responds that
federal frameworks prohibit the opening of the South Zone earlier than September
20. No changes were made as a result of the comment.
Three commenters preferred that the North and Central zone dove season
open on August 30. The department disagrees with the comment and responds
that federal frameworks prohibit the opening of either zone earlier than September
1. No changes were made as a result of the comment.
Three commenters stated that the dove season in the North and Central zones
should open on Saturday because it is better for local economies. The department
disagrees with the comment and responds that hunter preference is for the
earliest possible opener allowed under federal frameworks, which is September
1, irrespective of the day of the week it may fall on. No changes were made
as a result of the comment.
Two commenters stated that the winter dove segment in the Central Zone
should be opened after deer season closes to prevent interference with deer
hunters. The department disagrees with the comment and responds that the winter
segment is favored by a majority of hunters in the Central Zone, primarily
because it affords hunting opportunity during the holidays. No changes were
made as a result of the comment.
One commenter recommended delaying the South Zone opener in order to put
hunting pressure on migrating doves rather than resident doves. The department
disagrees with the comment and responds that a majority of hunters in the
South Zone prefer the earliest possible opening day, and that no data exists
to show that resident dove populations are either over hunted or hunted in
greater numbers than are migrant doves. No changes were made as a result of
the comment.
One commenter stated that the South Zone should open on the same day as
the other zones. The department disagrees with the comment and responds that
the federal frameworks do not allow the South Zone to be opened earlier than
September 20. No changes were made as a result of the comment.
Two commenters stated that the winter segment of the South Zone should
be opened a week later to avoid conflicts with deer hunts. The department
disagrees with the comment and responds that the current winter segment is
favored by a majority of hunters in the South Zone, and that in any event,
it is the landowner’s prerogative to allow or prohibit hunting activities
on any given property. No changes were made as a result of the comment.
Two commenters stated a preference for afternoon-only dove hunting to prevent
double-bagging. The department disagrees with the comment and responds that
there is no biological evidence that full-day hunting is detrimental to dove
populations, that repeated surveys have indicated high hunter preference for
full-day hunting, and that full-day hunting is clearly the better choice in
terms of providing the greatest hunter opportunity. No changes were made as
a result of the comment.
Three commenters stated that zone boundaries should be moved for various
reasons. The department disagrees with the comments and responds that the
current boundaries correspond most closely with migration and breeding chronology
data indicating that boundary shifts would result in a greater harvest of
juvenile birds than is biologically appropriate. No changes were made as a
result of the comment.
The amendments are adopted under Parks and Wildlife Code, Chapter
64, which authorizes the Commission and the Executive Director to provide
the open season and means, methods, and devices for the hunting and possessing
of migratory game birds.
§65.315.Open Seasons and Bag and Possession Limits--Early Season.
(a)
Rails.
(1)
Dates: September 20 - 28, 2003 and October 25 - December
24, 2003.
(2)
Daily bag and possession limits:
(A)
king and clapper rails: 15 in the aggregate per day; 30
in the aggregate in possession.
(B)
sora and Virginia rails: 25 in the aggregate per day; 25
in the aggregate in possession.
(b)
Dove seasons.
(1)
North Zone.
(A)
Dates: September 1 - October 30, 2003.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(2)
Central Zone.
(A)
Dates: September 1 - October 30, 2003 and December 26,
2003- January 4, 2004.
(B)
Daily bag limit: 12 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 24 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(3)
South Zone.
(A)
Dates: Except in the special white-winged dove area as
defined in §65.314 of this title (relating to Zones and Boundaries for
Early Season Species), September 20 - November 5, 2003, and December 20, 2003
- January 11, 2004.
(B)
Daily bag limit: 12 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 24 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(4)
Special white-winged dove area.
(A)
Dates: September 6, 7, 13, and 14, 2003.
(i)
Daily bag limit: 10 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than five mourning doves and two white-tipped doves per day;
(ii)
Possession limit: 20 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than 10 mourning
doves and four white-tipped doves in possession.
(B)
Dates: September 20 - November 5, 2003 and December 20,
2003 - January 7, 2004.
(i)
Daily bag limit: 12 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than two white-tipped doves per day;
(ii)
Possession limit: 24 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than four white-tipped
doves in possession.
(c)
Gallinules.
(1)
Dates: September 20 - 28, 2003 and October 25 - December
24, 2003.
(2)
Daily bag and possession limits: 15 in the aggregate per
day; 30 in the aggregate in possession.
(d)
September teal-only season.
(1)
Dates: September 13 - 28, 2003.
(2)
Daily bag and possession limits: four in the aggregate
per day; eight in the aggregate in possession.
(e)
Red-billed pigeons, and band-tailed pigeons. No open season.
(f)
Shorebirds. No open season.
(g)
Woodcock: December 18, 2003 - January 31, 2004. The daily
bag limit is three. The possession limit is six.
(h)
Common snipe (Wilson's snipe or jacksnipe): October 18,
2003 - February 1, 2004. The daily bag limit is eight. The possession limit
is 16.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 31, 2003.
TRD-200304649
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 20, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 389-4775