Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §53.7
The Texas Parks and Wildlife Department proposes an amendment
to §53.7, concerning Business Licenses and Permits. The amendment increases
the fee for a fishing guide license from $75 to $200. The amendment is necessary
because the department has determined that the licensing fee for fishing guides
is underpriced with respect to the impact of fishing guides on fisheries resources.
The amendment also eliminates a reference to an effective date that is no
longer necessary.
Robert Macdonald, Wildlife Division regulations coordinator, has determined
that for each of the first five years that the proposed amendment is in effect,
there will be fiscal implications to the department. The department estimates
that sales of fishing guide licenses will generate additional revenues of
$230,425. There will be no fiscal implications to local governments or other
units of state government as a result of enforcing or administering the proposed
amendment.
Mr. Macdonald also has determined that for each of the first five years
the proposed amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment as proposed will be additional fiscal resources
available to the department for the conservation and management of the state's
freshwater and saltwater fisheries.
There will be minimal adverse economic effects on small businesses, microbusinesses,
and persons required to comply with the amendment as proposed. Persons working
as fishing guides will have to spend an additional $125 for annual licensure,
which is not believed to be burdensome even to the person who infrequently
or occasionally guides fishermen in exchange for pay or compensation.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, §2001.022, as this agency
has determined that the amendment as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed amendment.
Comments on the proposed amendment may be submitted to Robin Riechers,
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744; (512) 389-4645 or 1-800-792-1112.
The amendment is proposed under the provisions of Parks and Wildlife
Code, §47.004, which authorizes the commission to establish the fee for
a fishing guide license and to adopt rules governing the issuance and use
of a fishing guide license.
The amendment affects Parks and Wildlife Code, Chapter 47.
§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--
$200
[
(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.
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 14, 2003.
TRD-200301179
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 30, 2003
For further information, please call: (512) 389-4775
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
The Texas Parks and Wildlife department proposes amendments to §§65.3,
65.10, 65.25-65.27, 65.29, 65.42, 65.56, 65.60, 65.62, 65.71, and 65.72, concerning
the Statewide Hunting and Fishing Proclamation.
The amendment to §65.3, concerning Definitions, adds a definition
of 'deer population data' to specifically delineate the analytical components
used to make deer population assessments, and defines the terms 'fishing guide'
and 'fishing guide deck hand'. The amendment to §65.3 is necessary because
an amendment to §65.25 is eliminating the term 'census data' and replacing
it with 'population data,' a term that is more inclusive than the term it
replaces. The proposed amendment defines 'population data' as 'the results
derived from deer population surveys and/or from systematic data analysis
of density or herd health indicators, such as browse surveys or other scientifically
acceptable data, that function as direct or indirect indicators of population
density.' The amendment is also necessary because the department is implementing
bag limits for fishing guide parties, and therefore the terms must be defined
for enforcement purposes. Because of that, the department believes it is necessary
to provide a definition to prevent confusion or misunderstanding.
The amendment to §65.10, concerning Possession of Wildlife Resources,
would establish a convention for lawful proof-of-sex documentation for deer
from which the head has been removed for department-sanctioned diagnostic
purposes. Under current rules, the headless carcass of a deer must be accompanied
by a taxidermist's receipt or landowner affidavit attesting to the sex of
the carcass. The amendment is necessary because the department is sampling
harvested deer for chronic wasting disease (necessitating the removal of the
head) and there is a need for a department receipt in order to eliminate potential
confusion and inconvenience for hunters. The amendment would also implement
a non-retroactive, mandatory tagging requirement for desert bighorn sheep
skulls found in the wild. The amendment is necessary in order to make Texas
law consistent with bighorn sheep regulations in other states, which are designed
to prevent the traffic in illegally taken bighorn sheep.
The amendment to §65.25, concerning Wildlife Management Plan (WMP),
would replace the term 'census data' with the term 'population data.' Currently,
the content of wildlife management plans conditions the issuance of Managed
Lands Deer permits at least partially on the inclusion of 'deer census data,'
which has proved to be problematic in that a census, strictly speaking, is
a count or tally. However, in creating a meaningful management plan, a raw
number representing the deer population is not by itself as useful or relevant
as when augmented by additional, indirect indices that can assist in revealing
how a population is actually functioning within a system.
The amendment to §65.26, concerning Managed Lands Deer (MLD) Permits,
comports terminology to be consistent with changes made to §65.25 and
alters language to eliminate a terminology conflict in subsection (d). The
current language indicates that it could be possible to kill a single deer
under the authority of two permits, which isn't the case.
The amendment to §65.27, concerning Antlerless and Spike-buck Control
Permits, would allow additional field personnel to approve permit issuance
and implement a deadline for permit applications to be received by the department
in order to guarantee permit issuance for the year requested. The amendment
is necessary to increase efficiency and decrease turnaround times for application
approval, and to address workload problems associated with high volumes of
last-minute applications.
The amendment to §65.29, concerning Bonus Tag, adds language to clarify
that bonus tags may be used to exceed the statewide bag limit. The amendment
is necessary to avoid hunter confusion.
The amendment to §65.42, concerning Deer, consists of several actions.
Current harvest regulations in Harris County allow a hunter to take three
deer, no more than one of which may be a buck and no more than two of which
may be antlerless. The proposed amendment would increase the bag limit to
four deer (no more than two bucks and no more than two antlerless) and establish
"doe days" for Harris County. The deer range in Harris County is mostly in
the northern part of the county, which is part of the Pineywoods Ecological
Region. The deer season for Harris County should be consistent with adjoining
Pineywoods counties to the north and east. A more liberal bag limit would
also help address deer problems caused by human development and isolation
of the deer herd. The proposed amendment would add a muzzleloader season to
Harris (contingent upon adoption of the proposal to increase the bag limit),
San Jacinto, Trinity, and Walker counties. The proposal would allow additional
hunting opportunity in these counties and standardize the regulations with
adjoining counties that have similar harvest restrictions, habitat, and herd
characteristics.
The amendment to §65.56, concerning Lesser Prairie Chicken: Open Seasons,
Bag, and Possession Limits, would close the season on lesser prairie chicken
statewide. Current harvest surveys indicated only 200 lesser prairie chickens
are harvested annually in Texas. Staff attributes the decline in lesser prairie
chicken numbers primarily to habitat loss. However, there is currently a multi-state
effort to manage the remaining lesser prairie chickens and Texas, having the
most remaining chickens, is the logical source for any stocking efforts in
other states. Saving the remaining chickens for brood stock is thought to
be the best use of this resource.
The amendment to §65.60, concerning Pheasant, would close the season
in Wharton, Fort Bend, Brazoria, and Matagorda counties, and lengthen the
season in 37 Panhandle counties from 16 to 30 days while reducing the bag
limit by one cock. The season closure is necessary because department surveys
indicate that pheasant in the affected counties no longer exist in huntable
numbers. The amendment affecting Panhandle counties, which originated via
a petition for rulemaking, is intended to provide greater hunter opportunity
and the department has determined that it could be implemented without causing
depletion of the resource.
The amendment to §65.62, concerning Quail: Open Seasons, Bag, and
Possession Limits, would implement an open season for Mearn's quail and would
limit the daily bag of Mearn's quail to no more than two per day as part of
an aggregate quail bag. A two-bird daily bag limit on Mearn's quail would
provide limited hunting opportunities for persons interested in taking all
four species of Texas' native quail species. The proposed amendment would
also ensure that the Mearn's quail taken by accident during quail season would
not be an offense.
The amendment to §65.71, concerning Reservoir Boundaries, adds a delineation
of the boundaries of Toledo Bend reservoir. The amendment is necessary to
clearly set forth the geographical area to which bag and possession limits
apply with respect to Toledo Bend Reservoir.
The amendment to §65.72, concerning Fish, consists of several actions,
all of which except the proposed limits for guided fishing parties are reflected
in the Tables and Graphics section of this issue.
The amendment would change harvest regulations for largemouth bass on Lost
Creek Lake in Jack County from the current 16-inch minimum length limit, five
fish daily bag limit to the statewide 14-inch minimum length limit and five
fish daily bag. Decreasing the minimum length limit to 14 inches will increase
the opportunity for angler harvest and possibly utilization. Evaluation indicated
that an increase in overall yield will result. Tournament anglers will appreciate
the change since it will make it the same as an adjoining lake, which they
often use in combination for tournaments. The change will also make enforcement
easier for TPWD game wardens.
The amendment changes harvest regulations for largemouth bass at Lake Waxahachie
in Ellis County from the current 14 -18-inch slot length-limit, five fish
daily bag limit, to the statewide 14-inch minimum length limit. The five fish
daily bag limit would be retained. Because angling activity for largemouth
bass at Lake Waxahachie is primarily during fishing tournaments, and few of
the fish captured during these tournaments are retained following weigh-in,
it is unlikely that exploitation will increase. However, availability of 14-18
inch fish for legal possession will increase the numbers of fish that anglers
may retain for weigh-in.
The amendment changes harvest regulations for white bass on Lakes Buchanan,
Canyon, Conroe, Georgetown, Inks, Limestone, Livingston, Lyndon B. Johnson,
Marble Falls, Palestine, Somerville, and Travis Reservoirs, and a section
of the Trinity River from the current 12-inch minimum length limit and a 25-fish
daily bag limit to the statewide 10-inch minimum length limit and 25 fish
daily bag. Decreasing the minimum length limit to 10 inches will increase
the opportunity for angler harvest and possibly increase utilization of the
fishery. The change will reduce angler confusion and make enforcement easier
for TPWD game wardens.
The amendment nonsubstantively changes certain lists of counties to reformat
the list in alphabetical order. The change is necessary to present the information
in more user-friendly fashion.
The amendment would impose a 25-inch maximum length limit for spotted seatrout
(except that one fish of greater than 25 inches could be retained per day),
which is necessary to better distribute the harvest of larger trout amongst
more anglers over a greater period of time. The amendment is necessary because
department data indicates that the proportion of fish greater than 25 inches
has declined, while fishing pressure on seatrout populations has increased.
The proposed amendment will protect those fish greater than 25 inches and
increase overall spawning stock populations.
The amendment would establish an aggregate bag limit for guided fishing
parties equal to the number of licensed anglers, less the fishing guide and
deck hand, multiplied by the personal bag limit for each species. The amendment
is necessary to ensure equitable distribution of opportunity to all users
of the resource. Department data indicates that guided fishing parties catch
far more fish per person than is the case for unguided anglers.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years that the rules as proposed are in effect, there will
be no fiscal implications to state or local governments as a result of enforcing
or administering the rules.
Mr. Macdonald also has determined that for each of the first five years
the rules as proposed are in effect, the public benefit anticipated as a result
of enforcing or administering the rules as proposed will be the dispensation
of the agency's statutory duty to protect and conserve the wildlife resources
of this state, the duty to equitably distribute opportunity for the enjoyment
of those resources among the citizens, and the execution of the commission's
policy to maximize recreational opportunity within the precepts of sound biological
management practices.
There will be no adverse economic effect on small businesses, microbusinesses,
or persons required to comply with the rules as proposed.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the agency has determined
that the rules as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted by phone (area code 512)
or e-mail to Robert Macdonald (Wildlife 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us),
Ken Kurzawski (Inland Fisheries 389-4591; e-mail: ken.kurzawski@tpwd.state.tx.us),
Paul Hammerschmidt (Coastal Fisheries 389-4650; e-mail: paul.hammerschmidt@tpwd.state.tx.us),
David Sinclair (Wildlife Enforcement 389-4854; e-mail: david.sinclair@tpwd.state.tx.us),
or Larry Young (Fisheries Enforcement 389-4628; e-mail: larry.young@tpwd.state.tx.us),
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744; (512) 389-4775 or 1-800-792-1112.
1.
GENERAL PROVISIONS
31 TAC §§65.3, 65.10, 65.25 - 65.27, 65.29
The amendments are proposed 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.
The proposed amendments affect Parks and Wildlife Code, Chapter 61.
§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)
Deer population data - Results
derived from deer population surveys and/or from systematic data analysis
of density or herd health indicators, such as browse surveys or other scientifically
acceptable data, that function as direct or indirect indicators of population
density.
(17)
[
(18)
[
(19)
[
(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.
(20)
[
(21)
[
(22)
[
(23)
Fishing guide--a person who
operates a boat for compensation to accompany or to transport a person or
persons engaged in fishing in the water of this state.
(24)
Fishing guide deck hand--a
person in the employ of a fishing guide who assists in operating a boat for
compensation to accompany or to transport a person or persons engaged in fishing
in the water of this state.
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(51)
[
(52)
[
§65.10.Possession of Wildlife Resources.
(a)
For all wildlife resources taken for personal consumption
and for which there is a possession limit, the possession limit shall not
apply after the wildlife resource has reached the possessor's permanent residence
and is finally processed.
(b)
Proof of sex must remain with certain wildlife resources
until the wildlife resource reaches either the possessor's permanent residence
or a cold storage/processing facility and is finally processed. Proof of sex
is as follows:
(1)
turkey (in a county where the bag composition is restricted
to gobblers and/or bearded hens):
(A)
male turkey:
(i)
one leg, including the spur, attached to the bird; or
(ii)
the bird, accompanied by a patch of skin with breast feathers
and beard attached.
(B)
female turkey taken during the fall season: the bird, accompanied
by a patch of skin with breast feathers and beard attached.
(2)
deer:
(A)
buck: the head, with antlers still attached;
(B)
antlerless: the head;
(3)
antelope: the unskinned head; and
(4)
pheasant: one leg, including the spur, attached to the
bird or the entire plumage attached to the bird.
(c)
In lieu of proof of sex, the person who killed the wildlife
resource may:
(1)
obtain a receipt from a taxidermist or a signed
statement from the landowner, containing the following information:
(A)
[
(B)
[
(C)
[
(i)
[
(ii)
[
(iii)
[
(iv)
[
(2)
if the deer is to be tested
by the department for chronic wasting disease, obtain a department-issued
receipt (PWD 905).
(d)
A person may give, leave, receive, or possess any species
of legally taken wildlife resource, or a part of the resource, that is required
to have a tag or permit attached or is protected by a bag or possession limit,
if the wildlife resource is accompanied by a wildlife resource document from
the person who killed or caught the wildlife resource.
(1)
For deer, turkey, or antelope, a properly executed wildlife
resource document shall accompany the wildlife resource until it reaches either
the possessor's permanent residence or a cold storage/processing facility
and is finally processed.
(2)
For all other wildlife resources, a properly executed wildlife
resource document shall accompany the wildlife resource until it reaches the
possessor's permanent residence and is finally processed.
(3)
The wildlife resource document must contain the following
information:
(A)
the name, signature, address, and hunting or fishing license
number, as required, of the person who killed or caught the wildlife resource;
(B)
the name of the person receiving the wildlife resource;
(C)
a description of the wildlife resource (number and type
of species or parts);
(D)
the date the wildlife resource was killed or caught; and
(E)
the location where the wildlife resource was killed or
caught (name of ranch; area; lake, bay or stream; and county).
(e)
It is a defense to prosecution if the person receiving
the wildlife resource does not exceed any possession limit or possess a wildlife
resource or a part of a wildlife resource that is required to be tagged if
the wildlife resource or part of the wildlife resource is tagged.
(f)
The identification requirements
for desert bighorn sheep skulls are as follows.
(1)
No person may possess the skull of a desert
bighorn ram in this state unless:
(A)
one horn has been marked with a department identification
plug by a department representative; or
(B)
the person also possesses evidence of lawful
take in the state or country where the ram was killed.
(2)
A person may possess the skull and horns of
a desert bighorn ram found dead in the wild, provided:
(A)
the person did not cause or participate in the
death of the ram;
(B)
the person notifies a department biologist or
game warden within 48 hours of discovering the dead ram and arranges for marking
with a department identification plug by a department representative; and
(C)
the landowner on whose property the skull was
found signs an affidavit prior to the time the skull is marked that attests
the place and date that the person discovered the ram.
(3)
Individual horns may be possessed without any
identification or documentation.
(4)
This subsection does not apply to skulls possessed
before the effective date of the subsection.
§65.25.Wildlife Management Plan (WMP).
(a)
An approved WMP, specifying a harvest quota for antlerless
deer or both buck and antlerless deer, is required for the issuance of Managed
Lands Deer Permits and Antlerless/Spike-Buck Deer Control Permits.
(b)
MLD permit issuance shall be determined by the WMP as follows.
(1)
Level 1 MLD permits shall be issued to a landowner whose
WMP includes current deer
population
[
(2)
Level 2 MLD permits shall be issued to a landowner whose
WMP includes:
(A)
deer
population
[
(B)
deer harvest data from the immediately preceding year;
and
(C)
at least two recommended habitat management practices.
(3)
Level 3 MLD permits shall be issued to a landowner whose
WMP includes:
(A)
deer
population
[
(B)
deer harvest data from the immediately preceding two years;
and
(C)
at least four recommended habitat management practices.
(c)
A WMP is not valid unless it is:
(1)
consistent with Parks and Wildlife Code, §§61.053
and 61.056; and
(2)
signed by a Wildlife Division biologist or technician.
A WMP is valid for one year following the date of such signature.
§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
population
[
(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
on a property for which MLD permits
have been issued
[
(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.
§65.27.Antlerless and Spike-Buck Deer Control Permits (control permits).
Control permits shall be issued only to control overpopulation of white-tailed
deer and may be issued only to a landowner who has a current WMP issued in
accordance with §65.25 of this title (relating to Wildlife Management
Plan) that specifies a harvest quota of more than 20 antlerless deer. The
WMP for permits issued under this section must be signed by a Wildlife Division
employee assigned to write wildlife management plans
[
(1)
Control permits shall be issued only after the landowner
has provided the names, addresses and hunting license numbers of all persons
who will be hunting under the authority of the permits. The maximum number
of designated hunters allowed on one application for control permits shall
not exceed one-tenth the number of deer recommended for harvest by the WMP.
Additional designated hunters may not be added after permits have been issued.
(2)
Control permits shall not be issued solely as a means to
manipulate the sex ratio of a deer herd.
(3)
No WMP shall authorize the take of more than 300 deer per
designated hunter.
(4)
Control permits shall be valid from the Saturday closest
to September 30 through the last day of any open white-tailed deer season
in the county for which the permits were issued.
(5)
Deer harvested under the authority of control permits shall
not be part of a hunter's annual bag limit.
(6)
Applications must be received prior to
December 10 in order to result in permit issuance for the current year.
(7)
[
§65.29.Bonus Tag.
(a)
A person may take one white-tailed deer per bonus tag during
an open white-tailed deer season in any county, irrespective of the county
and statewide bag limits
[
(1)
an appropriate, valid MLD permit (i.e., MLD buck
permit
[
(2)
a valid LAMPS permit (valid for antlerless only); or
(3)
a valid Special Permit issued by the department for a public
hunt, in which case the bonus tag is valid:
(A)
only at the location specified on the permit;
(B)
only during the date and time specified on the permit;
and
(C)
only for the sex of deer (buck or antlerless) specified
on the permit.
(b)
No person may:
(1)
purchase more than five bonus tags per license year;
(2)
use a bonus tag on more than one animal; or
(3)
buy, sell, or otherwise exchange a bonus tag for remuneration
or considerations of any kind; however, a bonus tag may be given to another
person.
(c)
A person who kills a deer shall immediately attach a properly
executed bonus tag to the deer.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 14, 2003.
TRD-200301180
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 30, 2003
For further information, please call: (512) 389-4775
31 TAC §§65.42, 65.56, 65.60, 65.62
The amendments are proposed 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.
The proposed amendments affect Parks and Wildlife Code, Chapter 61.
§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,
Harris,
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,
Harris,
Jasper,
Jefferson, Liberty, Montgomery, Newton, Orange, Polk,
San Jacinto, Trinity,
[
(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.
§65.56.Lesser Prairie Chicken: Open Seasons, Bag, and Possession Limits.
There is no open season for lesser prairie chicken.
[
[
[
[
[
[
§65.60.Pheasant: Open Seasons, Bag, and Possession Limits.
(a)
In Armstrong, Bailey, Briscoe, Carson, Castro, Childress,
Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd,
Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb,
Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall,
Roberts, Sherman, Swisher, Wheeler, and Wilbarger counties, there is an open
season for pheasants.
(1)
Open season:
First
[
(2)
Daily Bag limit:
Two
[
(3)
Possession limit:
Four
[
(b)
In [
(1)
Open season: Saturday nearest November 1 through the last
Sunday in February.
(2)
Daily bag limit: Three cock pheasants.
(3)
Possession limit: Six cock pheasants.
(c)
In all other counties, there is no open season on pheasants.
(d)
It is unlawful to hunt pheasant with the aid of a cable,
chain, rope, or other device connected to or between a moving object or objects.
§65.62.Quail: Opens Seasons, Bag, and Possession Limits.
(a)
In all counties there is an open season for quail beginning
the Saturday closest to October 28 through the last Sunday in February.
(b)
Daily bag limit: 15 quail
, including no more than
two Mearns' quail
.
(c)
Possession limit: 45 quail
, including no more than
six Mearns' quail
.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 14, 2003.
TRD-200301181
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 30, 2003
For further information, please call: (512) 389-4775
31 TAC §65.71, §65.72
The amendments are proposed 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.
The proposed amendments affect Parks and Wildlife Code, Chapter 61.
§65.71.Reservoir Boundaries.
Reservoir boundaries for daily bag, possession, and length limits.
(1)
Buchanan Reservoir in Burnet, Lampasas, Llano and San Saba
counties comprises all impounded waters of the Colorado River from Lake Buchanan
dam upstream to the U.S. Highway 190 bridge.
(2)
Caddo Lake in Marion and Harrison counties comprises all
impounded waters of Big Cypress Bayou from the Texas-Louisiana border upstream
to the State Highway 43 bridge.
(3)
Canyon Reservoir in Comal County comprises all impounded
waters of the Guadalupe River from the Canyon dam upstream to the U.S. Highway
281 bridge.
(4)
Cooper Lake in Delta and Hopkins counties comprises all
waters within the Corps of Engineers lands on Cooper Lake upstream from State
Highway 19/154 and downstream from F.M. Road 71.
(5)
Gibbons Creek Reservoir in Grimes County comprises all
impounded waters within the Texas Municipal Power Agency property boundaries.
(6)
Inks Lake in Burnet and Llano counties comprises all impounded
waters of the Colorado River from the Roy Inks dam (Inks Lake dam) upstream
to the Lake Buchanan dam.
(7)
Lake Conroe in Montgomery and Walker counties comprises
all impounded waters of the West Fork of the San Jacinto River from the Lake
Conroe dam upstream to F.M. Road 1790 bridge.
(8)
Lake Georgetown in Williamson County comprises all impounded
waters of the North Fork of the San Gabriel River from the Lake Georgetown
dam upstream to U.S. Highway 183 bridge.
(9)
Lake Limestone in Leon, Limestone, and Robertson counties
comprises all impounded waters of the Navasota River from the Lake Limestone
dam upstream to the Fort Parker State Park Lake dam.
(10)
Lake Livingston in Leon, Houston, Madison, Polk, San Jacinto,
Trinity, and Walker counties comprises all impounded waters of the Trinity
River from the Lake Livingston dam upstream to the lock and dam near State
Highway 7.
(11)
Lake Lyndon B. Johnson in Burnet and Llano counties comprises
all impounded waters of the Colorado River from the Alvin Wirtz Dam (Lake
Lyndon B. Johnson dam) upstream to the Roy Inks dam (Inks Lake dam) including
the Llano River upstream to the State Highway 16 bridge and Sandy Creek upstream
to the State Highway 71 bridge.
(12)
Lake Marble Falls in Burnet County comprises all impounded
waters of the Colorado River from the Max Starcke dam (Lake Marble Falls dam)
upstream to the Alvin Wirtz dam (Lake Lyndon B. Johnson dam).
(13)
Lake O'the Pines in Camp, Marion, Morris, and Upshur Counties
comprises all impounded waters of Big Cypress Creek from Ferrell's Bridge
dam (the Lake O'the Pines dam) upstream to U.S. Highway 259 bridge and Big
Cypress Creek from Ferrell's Bridge dam downstream to Ferrell's Bridge crossing.
(14)
Lake Palestine in Anderson, Cherokee, Henderson, Smith,
and Van Zandt counties comprises all impounded waters of the Neches River
from the Blackburn Crossing dam (the Lake Palestine dam) upstream to F.M.
Road 279 bridge including Kickapoo and Flat Creeks in Henderson County.
(15)
Lake Pat Mayse in Lamar County comprises all impounded
waters of Sanders Creek from Pat Mayse Lake Dam upstream to County Road 35610
and Sanders Creek from Pat Mayse Lake Dam downstream to F.M. Road 197.
(16)
Lake Somerville in Burleson, Lee, Milam, and Washington
Counties comprises all impounded waters of Yegua, East Yegua, and Middle Yegua
Creeks upstream from the Lake Somerville dam.
(17)
Lake Travis in Burnet and Travis Counties comprises all
impounded waters of the Colorado River from the Mansfield dam (Lake Travis
dam) upstream to the Max Starcke dam (Lake Marble Falls dam) including the
Pedernales River upstream to the Hammetts Crossing-Hamilton Pool Road bridge.
(18)
Purtis Creek State Park Lake in Henderson and Van Zandt
Counties comprises all waters within the Purtis Creek State Park boundaries.
(19)
Toledo Bend Reservoir in Newton,
Sabine, and Shelby counties comprises all impounded waters of the Sabine River
from the Toledo Bend Reservoir Dam to the U.S. Highway 84 bridge.
§65.72.Fish.
(a)
General rules.
(1)
There are no public waters closed to the taking and retaining
of fish, except as provided in this subchapter.
(2)
Game fish may be taken only by pole and line, except as
provided in this subchapter.
(3)
It is unlawful:
(A)
to take or attempt to take, or possess fish within a protected
length limit, in greater numbers, by other means, or at any time or place,
other than as permitted under this subchapter;
(B)
while fishing on or in public waters to have in possession
fish in excess of the daily bag limit or fish within a protected length limit
as established for those waters;
(C)
to land by boat or person any fish within a protected length
limit, or in excess of the daily bag limit or possession limit established
for those fish;
(D)
to use game fish or any part thereof as bait;
(E)
to possess a finfish of any species, except broadbill swordfish,
shark or king mackerel, taken from public water that has the head or tail
removed until such person finally lands the catch on the mainland, a peninsula,
or barrier island not including jetties or piers and does not transport the
catch by boat;
(F)
to use airboats or jet-driven devices to pursue and harass
or harry fish; or
(G)
to release into the public waters of this state a fish
with a device or substance implanted or attached that is designed, constructed
or adapted to produce an audible, visual, or electronic signal used to monitor,
track, follow, or in any manner aid in the location of the released fish.
(4)
Finfish tags: Prohibited Acts.
(A)
No person may purchase or use more finfish (red drum or
tarpon) tags during a license year than the number and type authorized by
the commission, excluding duplicate tags issued under Parks and Wildlife Code, §46.006.
(B)
It is unlawful to:
(i)
use the same finfish tag for the purpose of tagging more
than one finfish;
(ii)
use a finfish tag in the name of another person;
(iii)
use a tag on a finfish for which another tag is specifically
required;
(iv)
catch and retain a finfish required to be tagged and fail
to immediately attach and secure a tag, with the day and month of catch cut
out, to the finfish at the narrowest part of the finfish tail, just ahead
of the tail fin;
(v)
have in possession both a Red Drum Tag and a Duplicate
Red Drum Tag issued to the same license or salt water stamp holder;
(vi)
have in possession both a Red Drum Tag or a Duplicate
Red Drum Tag and a Bonus Red Drum Tag issued to the same license or salt water
stamp holder;
(vii)
have in possession both an Exempt Red Drum Tag and a
Duplicate Exempt Red Drum Tag issued to the same license holder; or
(viii)
have in possession both an Exempt Red Drum Tag or a
Duplicate Exempt Red Drum Tag and a Bonus Red Drum Tag issued to the same
holder.
(5)
Commercial fishing seasons.
(A)
The commercial seasons for finfish species listed in this
paragraph and caught in Texas waters shall run concurrently with commercial
seasons established for the same species caught in federal waters of the Exclusive
Economic Zone (EEZ).
(B)
The commercial fishing season in the EEZ will be set by
the National Marine Fisheries Service for:
(i)
red snapper under guidelines established by the Fishery
Management Plan for Reef Fish Resources for the Gulf of Mexico;
(ii)
king mackerel under guidelines established by the Fishery
Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico
and South Atlantic; and
(iii)
sharks (all species, their hybrids and subspecies) under
guidelines established by the Fishery Management Plan for Highly Migratory
Species).
(C)
When federal and/or state waters are closed, it will be
unlawful to:
(i)
purchase, barter, trade or sell finfish species listed
in this paragraph landed in this state;
(ii)
transfer at sea finfish species listed in this paragraph
caught or possessed in the waters of this state; and
(iii)
possess finfish species listed in this paragraph in excess
of the current recreational bag or possession limit in or on the waters of
this state.
(6)
In Brewster, Crane, Crockett, Culberson, Ector, El Paso,
Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Terrell, Upton, Val
Verde, Ward, and Winkler counties, the only fishes that may be used or possessed
for bait while fishing are common carp, fathead minnows, gizzard and threadfin
shad, sunfish (Lepomis), goldfish, golden shiners, Mexican tetra, Rio Grande
cichlid, and silversides (Atherinidae family).
(b)
Bag, possession, and length limits.
(1)
The possession limit does not apply to fish in the possession
of or stored by a person who has an invoice or sales ticket showing the name
and address of the seller, number of fish by species, date of the sale, and
other information required on a sales ticket or invoice.
(2)
There are no bag, possession, or length limits on game
or non-game fish, except as provided in these rules.
(A)
Possession limits are twice the daily bag limit on game
and non-game fish except as provided in these rules.
(B)
Statewide daily bag and length limits shall be as follows:
Figure: 31 TAC §65.72(b)(2)(B)
(C)
Exceptions to statewide daily bag, possession, and length
limits shall be as follows:
(i)
The following is a figure:
Figure: 31 TAC §65.72(b)(2)(C)(i)
(ii)
Bag and possession limits for black drum and sheepshead
do not apply to the holder of a valid Commercial Finfish Fisherman's License.
(iii)
Fish caught in federal waters in compliance with a federal
fishery management plan may be landed in Texas.
(iv)
The bag limit for a guided
fishing party is equal to the total number of persons in the boat licensed
to fish or otherwise exempt from holding a license minus each fishing guide
and fishing guide deckhand multiplied by the bag limit for each species harvested.
(c)
Devices, means and methods.
(1)
In fresh water only, it is unlawful to fish with more than
100 hooks on all devices combined.
(2)
In community fishing lakes and in sections of rivers lying
totally within the boundaries of state parks, game and non-game fish may be
taken by pole and line only.
(3)
It is unlawful to take, attempt to take, or possess fish
caught in public waters of this state by any device, means, or method other
than as authorized in this subsection.
(4)
In salt water only, it is unlawful to fish with any device
that is marked with a buoy made of a plastic bottle(s) of any color or size.
(5)
Device restrictions.
(A)
Cast net. It is unlawful to use a cast net exceeding 14
feet in diameter.
(i)
Only non-game fish may be taken with a cast net.
(ii)
In salt water, non-game fish may be taken for bait purposes
only.
(B)
Dip net.
(i)
It is unlawful to use a dip net except:
(I)
to aid in the landing of fish caught on other legal devices;
and
(II)
to take non-game fish.
(ii)
In salt water, non-game fish may be taken for bait purposes
only.
(C)
Gaff.
(i)
It is unlawful to use a gaff except to aid in landing fish
caught by other legal devices, means or methods.
(ii)
Fish landed with a gaff may not be below the minimum,
above the maximum, or within a protected length limit.
(D)
Gig. Only non-game fish may be taken with a gig.
(E)
Jugline. For use in fresh water only. Non-game fish, channel
catfish, blue catfish and flathead catfish may be taken with a jugline. It
is unlawful to use a jugline:
(i)
with invalid gear tags. Gear tags must be attached within
six inches of the free-floating device, are valid for 30 days after the date
set out, and must include the number of the permit to sell non-game fish taken
from freshwater, if applicable;
(ii)
for commercial purposes that is not marked with an orange
free-floating device;
(iii)
for non-commercial purposes that is not marked with a
white free-floating device;
(iv)
in Lake Bastrop in Bastrop County, Bellwood Lake in Smith
County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County,
Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir
in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley
Reservoir in Titus County.
(F)
Lawful archery equipment. Only non-game fish may be taken
with lawful archery equipment or crossbow.
(G)
Minnow trap. For use in fresh water only.
(i)
Only non-game fish may be taken with a minnow trap.
(ii)
It is unlawful to use a minnow trap that exceeds 24 inches
in length or with a throat larger than one by three inches.
(H)
Perch traps. For use in salt water only.
(i)
Perch traps may be used only for taking non-game fish.
(ii)
Perch traps may not exceed 18 cubic feet.
(iii)
Perch traps must be marked with floating visible orange
buoy not less than six inches in height and six inches in width. The buoy
must have a gear tag attached. Gear tags are valid for 30 days after date
set out.
(I)
Pole and line.
(i)
Game and non-game fish may be taken by pole and line. It
is unlawful to take or attempt to take fish with one or more hooks attached
to a line or artificial lure used in a manner to foul-hook a fish (snagging
or jerking). A fish is foul-hooked when caught by a hook in an area other
than the fish's mouth.
(ii)
Game and nongame fish may be taken by pole and line. It
is unlawful to take fish with a hand-operated device held underwater except
that a spear gun and spear may be used to take nongame fish.
(iii)
Game and non-game fish may be taken by pole and line,
except that in the Guadalupe River in Comal County from the second bridge
crossing on River Road upstream to the easternmost bridge crossing on F.M.
Road 306, rainbow and brown trout may not be retained when taken by any method
except artificial lures. Artificial lures cannot contain or have attached
either whole or portions, living or dead, of organisms such as fish, crayfish,
insects (grubs, larvae, or adults), or worms, or any other animal or vegetable
material, or synthetic scented materials. This does not prohibit the use of
artificial lures that contain components of hair or feathers. It is an offense
to possess rainbow and brown trout while fishing with any other device in
that part of the Guadalupe River defined in this paragraph.
(J)
Purse seine (net).
(i)
Purse seines may be used only for taking menhaden, only
from that portion of the Gulf of Mexico within the jurisdiction of this state
extending from one-half mile offshore to nine nautical miles offshore, and
only during the period of time beginning the third Monday in April through
the first day in November each year.
(ii)
Purse seines used for taking menhaden may not be used
within one mile of any jetty or pass.
(iii)
The purse seine, not including the bag, shall not be
less than three-fourths inch square mesh.
(K)
Sail line. For use in salt water only.
(i)
Non-game fish, red drum, spotted seatrout, and sharks may
be taken with a sail line.
(ii)
Line length shall not exceed 1,800 feet from the reel
to the sail.
(iii)
The sail and most shoreward float must be a highly visible
orange or red color. All other floats must be yellow.
(iv)
No float on the line may be more than 200 feet from the
sail.
(v)
A weight of not less than one ounce shall be attached to
the line not less than four feet or more than six feet shoreward of the last
shoreward float.
(vi)
Reflectors of not less than two square inches shall be
affixed to the sail and floats and shall be visible from all directions for
sail lines operated from 30 minutes after sunset to 30 minutes before sunrise.
(vii)
There is no hook spacing requirement for sail lines.
(viii)
No more than one sail line may be used per fisherman.
(ix)
Sail lines may not be used by the holder of a commercial
fishing license.
(x)
Sail lines must be attended at all times the line is fishing.
(xi)
Sail lines may not have more than 30 hooks and no hook
may be placed more than 200 feet from the sail.
(L)
Seine.
(i)
Only non-game fish may be taken with a seine.
(ii)
It is unlawful to use a seine:
(I)
which is not manually operated.
(II)
with mesh exceeding 1/2-inch square.
(III)
that exceeds 20 feet in length.
(iii)
In salt water, non-game fish may be taken by seine for
bait purposes only.
(M)
Shad trawl. For use in fresh water only.
(i)
Only non-game fish may be taken with a shad trawl.
(ii)
It is unlawful to use a shad trawl longer than six feet
or with a mouth larger than 36 inches in diameter.
(iii)
A shad trawl may be equipped with a funnel or throat
and must be towed by boat or by hand.
(N)
Spear. Only non-game fish may be taken with a spear.
(O)
Spear gun. Only non-game fish may be taken with spear gun.
(P)
Throwline. For use in fresh water only.
(i)
Non-game fish, channel catfish, blue catfish and flathead
catfish may be taken with a throwline.
(ii)
It is unlawful to use a throwline in Lake Bastrop in Bastrop
County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne
City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin
County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in
Grimes County, and Tankersley Reservoir in Titus County.
(Q)
Trotline.
(i)
Non-game fish, channel catfish, blue catfish, and flathead
catfish may be taken by trotline.
(ii)
It is unlawful to use a trotline:
(I)
with a mainline length exceeding 600 feet;
(II)
with invalid gear tags. Gear tags must be attached within
three feet of the first hook at each end of the trotline and are valid for
30 days after date set out, except on saltwater trotlines, a gear tag is not
required to be dated;
(III)
with hook interval less than three horizontal feet;
(IV)
with metallic stakes; or
(V)
with the main fishing line and attached hooks and stagings
above the water's surface.
(iii)
In fresh water, it is unlawful to use a trotline:
(I)
with more than 50 hooks;
(II)
in Gibbons Creek Reservoir in Grimes County, Lake Bastrop
in Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette
County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake
Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir
in Cameron County, Boerne City Park Lake in Kendall County, and Tankersley
Reservoir in Titus County.
(iv)
In salt water:
(I)
it is unlawful to use a trotline:
(-a-)
in or on the waters of the Gulf of Mexico within the
jurisdiction of this state;
(-b-)
from which red drum, sharks or spotted seatrout caught
on the trotline are retained or possessed;
(-c-)
placed closer than 50 feet from any other trotline, or
set within 200 feet of the edge of the Intracoastal Waterway or its tributary
channels. No trotline may be fished with the main fishing line and attached
hooks and stagings above the water's surface;
(-d-)
baited with other than natural bait, except sail lines;
(-e-)
with hooks other than circle-type hook with point curved
in and having a gap (distance from point to shank) of no more than one-half
inch, and with the diameter of the circle not less than five-eighths inch.
Sail lines are excluded from the restrictions imposed by this clause; or
(-f-)
in Aransas County in Little Bay and the water area of
Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula,
then direct to the eastern end of Goose Island, then along the southern shore
of Goose Island, then along the causeway between Lamar Peninsula and Live
Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula
past the town of Fulton, past Nine-Mile Point, past the town of Rockport to
a point at the east end of Talley Island, including that part of Copano Bay
within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.
(II)
No trotline or trotline components, including lines and
hooks, but excluding poles, may be left in or on coastal waters between the
hours of 1 p.m. on Friday through 1:00 p.m. on Sunday of each week, except
that attended sail lines are excluded from the restrictions imposed by this
clause. Under the authority of the Texas Parks and Wildlife Code, §66.206(b),
in the event small craft advisories or higher marine weather advisories issued
by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines
may remain in the water until 6:00 p.m. on Friday. If small craft advisories
are in place at 1:00 p.m. on Friday, trotlines may remain in the water until
Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday,
trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories
are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m.
on Saturday. When small craft advisories or higher marine weather advisories
are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water
through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish
or any other aquatic life from trotlines during the period that trotline removal
requirements are suspended under this provision for adverse weather conditions.
For purposes of enforcement, the geographic area customarily covered by marine
weather advisories will be delineated by department policy.
(III)
It is unlawful to fish for commercial purposes with:
(-a-)
more than 20 trotlines at one time;
(-b-)
any trotline that is not marked with yellow flagging
attached to stakes or with a floating yellow buoy not less than six inches
in height, six inches in length, and six inches in width attached to end fixtures;
(-c-)
any trotline that is not marked with yellow flagging
attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's
license plate number in letters of a contrasting color at least two inches
high attached to end fixtures;
(-d-)
any trotline that is marked with yellow flagging or with
a buoy bearing a commercial finfish fisherman's license plate number other
than the commercial finfish fisherman's license plate number displayed on
the finfish fishing boat;
(IV)
It is unlawful to fish for non-commercial purposes with:
(-a-)
more than 1 trotline at any time; or
(-b-)
any trotline that is not marked with a floating yellow
buoy not less than six inches in height, six inches in length, and six inches
in width, bearing a two-inch wide stripe of contrasting color, attached to
end fixtures.
(R)
Umbrella net.
(i)
Only non-game fish may be taken with an umbrella net.
(ii)
It is unlawful to use an umbrella net with the area within
the frame exceeding 16 square feet.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on February 14, 2003.
TRD-200301182
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 30, 2003
For further information, please call: (512) 389-4775
$75
].
(4)
The provisions of this section
take effect September 1, 2002.]
Chapter 65.
WILDLIFE
(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--
(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.
(1)
] the name of person who killed
the wildlife resource;
(2)
] the date the wildlife resource
was killed;
(3)
] one of the following, as applicable:
(A)
] whether the deer was antlered
or antlerless;
(B)
] the sex of the antelope;
(C)
] the sex of the turkey and
whether a beard was attached; or
(D)
] the sex of the pheasant
; or
census
] data.
census
] data for
both the current year and the immediately preceding year;
census
] data for
the current year and the immediately preceding two years;
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
population
[
survey
] data.
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.
biologist
classified CS VI or higher
].
(6)
] A report form provided by the
department shall be submitted to the department by the landowner not later
than February 14 following the use of the permits. The report must specify
the sex and date of kill for each deer harvested under a control permit.
bag limit
], provided that person
possesses a valid bonus tag on their person and one of the following:
tag
] for a buck deer or MLD antlerless
permit
[
tag
] for an antlerless deer);
2.
OPEN SEASONS AND BAG LIMITS--HUNTING PROVISIONS
and
] Tyler
, and Walker
counties, there is an
open season during which only antlerless and spike-buck deer may be taken
only with a muzzleloader.
(a)
In Cochran, Hemphill, Hockley,
Lipscomb, Ochiltree, Terry, Wheeler, and Yoakum counties, there is an open
season on prairie chicken, during which prairie chicken may be taken only
by permit.]
(1)
Open season: Third Saturday in October for
two consecutive days.]
(2)
Daily bag limit: Two prairie chickens.]
(3)
Possession limit: Four prairie chickens.]
(b)
In all other counties, there
is no open season on prairie chicken.]
(c)
It is unlawful to hunt prairie
chicken by any means other than shotgun.]
Second
] Saturday
of December for
30
[
16
] consecutive days.
Three
] cock
pheasants.
Six
] cock
pheasants.
Brazoria,
] Chambers, [
Fort Bend
],
Jefferson,
and
Liberty, [
Matagorda and Wharton
] counties,
there is an open season for pheasants.
(d)
There is no open season on
Mearns' quail (commonly called fool's quail).]
3.
SEASONS AND BAG LIMITS--FISHING PROVISIONS