Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 65.
WILDLIFE
Subchapter H. PUBLIC LANDS PROCLAMATION
31 TAC §§65.190, 65.191, 65.193, 65.198, 65.199, 65.201
The Texas Parks and Wildlife Department proposes amendments
to §§65.190, 65.191, 65.193, 65.198, 65.199, and 65.201, concerning
the Public Lands Proclamation.
The proposed amendment to §65.190, concerning Application, alters
nomenclature by replacing the term ‘non-consumptive use’ with
the term ‘recreational use.’ The term ‘non-consumptive’
is meant to be an umbrella term encompassing all activities other than hunting
and fishing; however, it gives the impression that public usage other than
hunting and fishing results in little or no impact to public resources on
wildlife management areas and public hunting lands. The change is necessary
because all uses of wildlife management areas and public hunting lands involve,
to varying degrees, some type of resource impact. This change is made throughout
the subchapter where necessary. The proposed amendment also updates references
and citations where necessary, removes reference to Caddo Lake State Park
(which is no longer a unit of public hunting lands), and removes references
to the Bryan Beach Unit of the Peach Point Wildlife Management Area, which
is no longer owned by the department.
The proposed amendment to §65.191, concerning Definitions, consists
of several actions. The proposed amendment alters the definition of ‘all
terrain vehicle.’ The current definition is too broad, in that any motor
vehicle that cannot be operated on a public roadway qualifies as an all terrain
vehicle. Therefore the definition as currently written would allow inappropriate
motor vehicles, such as farm machinery, treaded or tracked vehicles, and construction
equipment to be considered as ATVs. The department’s intent in allowing
the use of ATVs (where they are allowed) is to permit public users, particularly
disabled users, greater ease of access, but only within biologically acceptable
parameters. Obviously, heavy equipment is incompatible with sound biological
management, as fragile soils and vegetative communities are easily disturbed,
resulting in impacts to the fish and wildlife resources that depend upon them
for habitat. Therefore, the department proposes to replace the current definition
with the definition of all terrain vehicles used in the Transportation Code.
In concert with the change, the department also proposes to add another definition
from the Transportation Code, the definition for ‘motor vehicle,’
in order to be completely consistent, and a definition for ‘off-road
vehicle,’ to create an inclusive term to encompass all vehicles that
could be used for off-road purposes.
The amendment also would add a new definition for ‘camping.’
That term is currently not defined, and a definition is needed in order to
clarify exactly what is meant by that term as it applies to public use of
wildlife management areas and public hunting lands.
The amendment would also alter the definition of ‘disabled person.’
The current definition requires a person, in order to take advantage of provisions
for disabled persons, to possess a physician’s statement attesting to
the person’s permanent ambulatory disability as defined in the Transportation
Code. In order to avoid confusion and difficulties associated with verification
of physician’s statements, the proposed definition would require all
persons seeking status as disabled to possess a state-issued disabled placard
or license plate.
The amendment would also alter the definition of the Limited Public Use
(LPU) permit by removing language that prohibits the use of an LPU permit
to take wildlife resources and clarifying that the LPU can be used to access
wildlife management areas as well as public hunting lands. The change is necessary
because the proposed amendment to §65.193 would allow the LPU permit
to be used for fishing on wildlife management areas and public hunting lands.
The amendment also would remove the definition for ‘non-consumptive
activities’ and replace it with the term ‘recreational use,’
which is defined as ‘any use other than hunting or fishing.’ The
new definition is necessary because all users of wildlife management areas
and public hunting lands, even those who do not hunt or fish, participate
in some sort of impact on those areas. The proposed definition simply aggregates
the variety of public uses other than hunting and fishing under a single term
of reference.
The amendment to §65.193, concerning Access Permit Required and Fees,
would alter subsection (b)(2) to allow persons entering wildlife management
areas and public hunting lands to fish under a Limited Public Use permit (LPU).
The proposed amendment also alters subsection (k) to remove a reference to
hunting and fishing activities with respect to the waiver of fees for a person
participating in a regular hunt under an Annual Public Hunting (APH) permit.
The change is necessary to allow persons to access wildlife management areas
and public hunting lands, when feasible, for fishing activities under an LPU
on days when regular permit hunts are being conducted. The proposed amendment
also removes references to the Bryan Beach Unit of the Peach Point Wildlife
Management Area, which is no longer owned by the department.
The proposed amendment to 65.198, concerning Entry, Registration, and Checkout,
replaces the term ‘non-consumptive use’ with the term ‘recreational
use’ for the reasons noted previously in the discussion of amendments
to §65.190.
The proposed amendment to §65.199, concerning General Rules of Conduct,
removes a reference to the Texas Conservation Passport, which has been discontinued
by the department.
The proposed amendment also would prohibit camping on any given unit of
public hunting lands for more than 14 consecutive days or more than 21 days
in any 30-day period. The amendment is necessary in order to ensure that recreational
opportunity is equitably distributed.
The proposed amendment also changes an outmoded reference to WMA antlerless
permits. The department issues such permits on units of public hunting lands
shared by the department and the U.S. Forest Service. The permits are now
referred to as USFS antlerless permits.
The proposed amendment also would restrict the parking or leaving of motor
vehicles to designated parking areas. The amendment is necessary to prevent
the creation of impromptu parking areas, which result in degradation of habitat
and storm water runoff erosion.
The proposed amendment also would require persons seeking to operate a
motor vehicle, ATV, or off-road vehicle under special provisions for disabled
persons to possess a state-issued disabled placard or license plate, or other
state-issued evidence that the person is entitled to disabled status. Under
current rules, people seeking to use vehicles under provisions for disabled
persons are required to possess a physician’s statement stating that
the person meets the requirements in the Transportation Code to be eligible
for a disabled placard or license plate. Since the requirement of the current
rule and the requirement under Transportation Code for issuance of a placard
or plate are the same, by requiring a placard or plate the department seeks
to avoid confusion and difficulties associated with verification of physician’s
statements.
The proposed amendment also would prohibit any activity not specifically
authorized by order of the executive director or regulation of the commission.
The amendment is necessary to address unanticipated situations or instances
in which an aspect of public use is clearly antithetical to the department’s
mission or injurious or potentially injurious to resources or habitat, but
is not specifically addressed within this subchapter.
The proposed amendment to §65.201, concerning Motor Vehicles, alters
subsection (d) to include off-road vehicles. The amendment is necessary to
make the provisions of the section consistent with changes that alter the
meaning of the term ‘motor vehicle’ and introduce the term ‘off-road
vehicle’ in §65.191, concerning Definitions. Under current rules,
an ATV is any motor vehicle that cannot be legally operated on a public roadway.
The proposed amendment to §65.191 creates scenarios in which off-road
vehicles can be used in the same way as ATVs, making it necessary to include
them in provisions of §65.201.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years the rules as proposed are in effect, there will be
no fiscal implications to state and 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 clearer and more
user-friendly regulations, as well as the enhanced ability of the department
to discharge its statutory obligation to manage fish and wildlife resources
on wildlife management areas and public hunting lands.
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 to Dennis Gissell, Texas
Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744;
(512) 389-4407 (e-mail: dennis.gissell@tpwd.state.tx.us).
The amendments are proposed under Parks and Wildlife Code, Chapter
81, Subchapter E, which provides the Parks and Wildlife Commission with authority
to establish an open season on wildlife management areas and public hunting
lands and authorizes the executive director to regulate numbers, means, methods,
and conditions for taking wildlife resources on wildlife management areas
and public hunting lands; Chapter 12, Subchapter A, which provides that a
tract of land purchased primarily for a purpose authorized by the code may
be used for any authorized function of the department if the commission determines
that multiple use is the best utilization of the land's resources; and §42.0177,
which authorizes the commission to modify or eliminate the tagging requirements
of Chapter 42.
The amendments affect Parks and Wildlife Code, Chapter 12, Subchapter A;
Chapter 42; and Chapter 81, Subchapter E.
§65.190.Application.
(a)
This subchapter applies to all activities subject to department
regulation on lands designated by the department as public hunting lands,
regardless of the presence or absence of boundary markers. Public hunting
lands are acquired by lease or license, management agreements, trade, gift,
and purchase. Records of such acquisition are on file at the Department's
central repository.
(b)
On U.S. Forest Service Lands designated as public hunting
lands (Alabama Creek, Bannister, Caddo, Lake McClellan Recreation Area, Moore
Plantation, and Sam Houston National Forest WMAs) or any portion of Units
902 and 903, persons other than hunters are exempt from the provisions of
this subchapter, except for the provisions of
§65.199(15)
[
(c)
On U.S. Army Corps of Engineer Lands designated as public
hunting lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville,
and White Oak Creek WMAs), persons other than hunters and equestrian users
are exempt from requirements for an access permit.
(d)
On state park lands designated as public hunting lands,
access for fishing and
recreational
[
(e)
Public hunting lands include, but are not limited to, the
following:
(1)
Alabama Creek WMA (Unit 904);
(2)
Alazan Bayou WMA (Unit 747);
(3)
Aquilla WMA (Unit 748);
(4)
Atkinson Island WMA;
(5)
Bannister WMA (Unit 903);
(6)
Big Lake Bottom WMA (Unit 733);
(7)
Black Gap WMA (Unit 701);
(8)
Caddo Lake [
(9)
Caddo National Grasslands WMA (Unit 901);
(10)
Candy Abshier WMA;
(11)
Cedar Creek Islands WMA (includes Big Island, Bird Island,
and Telfair Island Units);
(12)
Chaparral WMA (Unit 700);
(13)
Cooper WMA (Unit 731);
(14)
D.R. Wintermann WMA;
(15)
Dam B WMA--includes Angelina-Neches Scientific Area (Unit
707);
(16)
Designated Units of the Las Palomas WMA;
(17)
Designated Units of Public Hunting Lands Under Short-Term
Lease;
(18)
Designated Units of the Playa Lakes WMA;
(19)
Designated Units of the State Park System;
(20)
Elephant Mountain WMA (Unit 725);
(21)
Gene Howe WMA (Unit 755)--includes Pat Murphy Unit (Unit
706);
(22)
Granger WMA (Unit 709);
(23)
Guadalupe Delta WMA (Unit 729)--includes Mission Lake
Unit (720), Guadalupe River Unit (723), Hynes Bay Unit (724), and San Antonio
River Unit (760);
(24)
Gus Engeling WMA (Unit 754);
(25)
James Daughtrey WMA (Unit 713);
(26)
J.D. Murphree WMA (Unit 783);
(27)
Keechi Creek WMA (Unit 726);
(28)
Kerr WMA (Unit 756);
(29)
Lake McClellan Recreation Area (Unit 906);
(30)
Lower Neches WMA (Unit 728)--includes Old River Unit and
Nelda Stark Unit;
(31)
Mad Island WMA (Unit 729);
(32)
Mason Mountain WMA (Unit 749);
(33)
Matador WMA (Unit 702);
(34)
Matagorda Island State Park and WMA (Unit 1134);
(35)
M.O. Neasloney WMA;
(36)
Moore Plantation WMA (Unit 902);
(37)
Nannie Stringfellow WMA (Unit 716);
(38)
North Toledo Bend WMA (Unit 615);
(39)
Old Sabine Bottom WMA (Unit 732);
(40)
Old Tunnel WMA;
(41)
Pat Mayse WMA (Unit 705);
(42)
Peach Point WMA (Unit 721)[
(43)
Ray Roberts WMA (Unit 501);
(44)
Redhead Pond WMA;
(45)
Richland Creek WMA (Unit 703);
(46)
Sam Houston National Forest WMA (Unit 905);
(47)
Sierra Diablo WMA (Unit 767);
(48)
Somerville WMA (Unit 711);
(49)
Tawakoni WMA (Unit 708);
(50)
Walter Buck WMA (Unit 757);
(51)
Welder Flats WMA;
(52)
White Oak Creek WMA (Unit 727); and
(53)
Other numbered units of public hunting lands.
§65.191.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
All other words and terms shall have the meanings assigned in §65.3 of
this title (relating to Statewide Hunting and Fishing Proclamation).
(1)
Adult--A person 17 years of age or older.
(2)
All terrain vehicle (ATV)--
Any vehicle meeting the
definition of an ATV under Transportation Code, §663.001
[
(3)
Annual Public Hunting (APH) Permit--A permit, valid from
issuance date through the following August 31, which allows entry to designated
public hunting lands at designated times and the taking of wildlife resources
as designated.
(4)
Application fee--A non-refundable fee
that
[
(5)
Authorized supervising adult--A parent, legal guardian,
or individual at least 18 years of age who assumes liability responsibility
for a youth.
(6)
Blind--Any structure assembled of man-made or natural materials
for the purpose or having the effect of promoting concealment or increasing
the field of vision of a person.
(7)
Buckshot--Lead pellets ranging in size from .24-inch to
.36-inch in diameter normally loaded in a shotgun (includes, but is not limited
to 0 and 00 buckshot).
(8)
Camping--the use of public hunting lands
for overnight accommodation, which includes sleeping, the storage of unattended
personal possessions, or the use of a motor vehicle as a lodging.
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
Motor vehicle-As defined by Transportation
Code, Chapter 541.
[(24)
Non-consumptive activities--Activities
which do not involve the take or attempted take of wildlife resources.]
(26)
Off-road vehicle-An ATV, a utility vehicle, a
vehicle that may not lawfully be operated on a public roadway, or any vehicle
that is manufactured or adapted for off-road use.
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
Recreational use--any use or activity
other than hunting or fishing.
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
§65.193.Access Permit Required and Fees.
(a)
It is an offense for a person without a valid access permit
to enter public hunting lands, except:
(1)
on areas or for activities where no permit is required;
(2)
persons who are authorized by, and acting in an official
capacity for the department or the landowners of public hunting lands;
(3)
persons participating in educational programs, management
demonstrations, or other scheduled activities sponsored or sanctioned by the
department with written approval;
(4)
persons owning or leasing land within the boundaries of
public hunting lands, while traveling directly to or from their property;
(5)
for a non-hunting or non-fishing adult who is assisting
a permitted disabled person; or
(6)
for youth under the supervision of an authorized supervising
adult possessing an APH permit or a LPU permit.
(b)
Annual Public Hunting (APH) Permit and Limited Public Use
(LPU) Permit.
(1)
It is an offense for a person 17 years of age or older
to enter public hunting lands or take or attempt to take wildlife resources
on public hunting lands at times when an APH permit is required without possessing
an APH permit or to fail to display the APH permit, upon request, to a department
employee or other official authorized to enforce regulations on public hunting
lands.
(2)
A person possessing a LPU permit may enter public hunting
lands at times that access is allowed under the APH permit,
and is authorized
to fish but may not hunt
[
(3)
Persons possessing an APH permit or an LPU permit may use
public hunting lands to access adjacent public waters, and may fish in adjacent
public waters from riverbanks on public hunting lands.
(4)
The permits required under paragraphs (1) - (3) of this
subsection are not required for:
(A)
persons who enter on United States Forest Service lands
designated as a public hunting area or any portion of Units 902 and 903 for
any purpose other than hunting;
(B)
persons who enter on U.S. Army Corps of Engineers lands
(Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and
White Oak Creek WMAs) designated as public hunting lands for purposes other
than hunting or equestrian use;
(C)
persons who enter Caddo Lake [
(D)
persons who enter and hunt waterfowl within the Bayside
Marsh Unit of Matagorda Island State Park and Wildlife Management Area;
or
[(E)
persons who enter the Bryan Beach Unit
of Peach Point Wildlife Management Area and do not hunt; or]
(E)
[
(5)
The permit required by paragraphs (1) - (3) of this subsection
is not valid unless the signature of the holder appears on the permit.
(6)
A person, by signature of the permit and by payment of
a permit fee waives all liability towards the landowner (licensor) and Texas
Parks and Wildlife Department (licensee).
(c)
Regular Permit--A regular permit is issued on a first come-first
served basis at the hunt area on the day of the scheduled hunt with the department
reserving the right to limit the number of regular permits to be issued.
(d)
Special Permit--A special permit is issued to an applicant
selected in a drawing.
(e)
Permits for hunting wildlife resources on public hunting
lands shall be issued by the department to applicants by means of a fair method
of distribution subject to limitations on the maximum number of permits to
be issued.
(f)
The department may implement a system of issuing special
permits that gives preference to those applicants who have applied previously
but were not selected to receive a permit.
(g)
Application fees.
(1)
The department may charge a non-refundable fee, which may
be required to accompany and validate an individual's application in a drawing
for a special hunting permit.
(2)
The application fee for a special hunting permit is waived
for a person under 17 years of age; however, the youth must apply in conjunction
with an authorized supervising adult to whom an application fee is assessed,
except as provided in paragraphs (3) and (4) of this subsection.
(3)
The application fee for a special permit is waived for
an adult who is making application to serve as a non-hunting authorized supervising
adult for a youth in a youth-only drawn hunt category.
(4)
Persons under 17 years of age may be disqualified from
applying for special package hunts or may be assessed the application fee.
(5)
The application fee for a special permit is waived for
on-site applications made under standby procedures at the time of a hunt.
(6)
Incomplete or incorrectly completed applications will be
disqualified.
(h)
Legal animals to be taken by special or regular permit
shall be stipulated on the permit.
(i)
Only one special or regular permit fee will be assessed
in the event of concurrent hunts for multiple species, and the fee for the
legal species having the most expensive permit will prevail.
(j)
Any applicable special or regular permit fees will be waived
for youth under the supervision of a duly permitted authorized supervising
adult.
(k)
Any applicable regular permit fees [
(l)
Certain hunts may be conducted totally or in part by regular
permit. It is an offense to fail to comply with established permit requirements
specifying whether a regular permit is required of all participants or required
only of adult participants who do not possess an APH permit.
(m)
Any applicable regular permit fees for authorized activities
other than hunting or fishing will be waived for persons possessing an APH
permit or an LPU permit.
(n)
An access permit applies only to the individual to whom
the permit is issued, and neither the permit nor the rights granted thereunder
are transferable to another person.
(o)
A person who fails to obey the conditions of a permit issued
under this subchapter commits an offense.
§65.198.Entry, Registration, and Checkout.
(a)
It is an offense if a person:
(1)
who does not possess a valid permit enters public hunting
lands at a time when access is restricted only to persons possessing a valid
permit;
(2)
enters an area identified by boundary signs as a limited
use zone, sanctuary, or restricted area and fails to obey the restrictions
on public use posted at the area or as set forth in this subchapter; or
(3)
on areas where on-site registration is required, fails
to check in at a registration station and properly complete registration procedures
before initiation of hunting, fishing, or
recreational
[
(b)
Unless otherwise authorized in writing by the department
or as provided in subsection (c) of this section, it is an offense if a person
participating in a hunt conducted by special permit or totally or in part
by regular permit fails to:
(1)
check in at a designated check station prior to initiation
of hunting activities; and
(2)
check out at a designated check station or otherwise fails
to allow inspection of the bag before leaving the area.
(c)
The requirements of subsection (b) of this section may
be waived for specific hunts as designated by order of the executive director
or by direction of the hunt supervisor. Participation in regular permit hunts
for which the check station requirement has been waived will be solely by
APH permit.
(d)
Access for
recreational
[
§65.199.General Rules of Conduct.
This section applies to all public hunting lands unless an exception
for a specific area and time period is designated by the executive director
or by written permission of the department. It is unlawful for any person
to:
(1)
fail to obey regulations posted at the area or policies
established by order of the executive director, fail to comply with instructions
on permits or area leaflets, or refuse to follow directives given by departmental
personnel in the discharge of official duties;
(2)
possess a firearm, archery equipment, or any other device
for taking wildlife resources on public hunting lands, except for persons
authorized by the department to hunt or conduct research on the area, commissioned
law enforcement officers, and department employees in performance of their
duties;
(3)
camp or construct an open fire anywhere other than in a
designated campsite. On the Alabama Creek, Bannister, Caddo, Moore Plantation,
and Sam Houston National Forest WMAs, this restriction applies only during
the period from the day prior to the opening of the archery deer season through
the day following the close of the general deer season;
(4)
camp for than more than 14 consecutive
days on the same unit of public hunting lands, or for more than 21 days in
any 30-day period;
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(A)
as may be provided by order of the executive director;
or
(B)
by written authorization of the department; [
[(C)
when authorized for specific areas and
time periods scheduled under the Texas Conservation Passport Program;]
(13)
[
(14)
[
(15)
[
(16)
park or leave a motor vehicle unattended
anywhere other than in designated parking areas, if parking areas have been
designated;
(17)
use a motor vehicle, off-road vehicle,
or ATV on a road, in an area, or at a time when such use is restricted to
disabled persons, unless the person is in possession of a state-issued disabled
parking placard or disabled license plate or assisting such a person;
(18)
engage in any activity not specifically
authorized by order of the executive director or regulation of the commission.
§65.201.Motor Vehicles.
(a)
It is an offense to not confine motor vehicle use to designated
roads, except parking is permitted on the shoulder of or immediately adjacent
to designated roads, and as provided for a disabled person or for a person
directly assisting a disabled person.
(b)
It is unlawful to hunt any wildlife resource from a motor
vehicle, motor-driven land conveyance, or possess a loaded firearm in or on
the vehicle, except as provided for a disabled person.
(c)
A disabled person may possess a loaded firearm in or on
a motor vehicle and may hunt from a motor vehicle except only paraplegics
and single or double amputees of legs may hunt migratory birds from a motor
vehicle, provided the motor vehicle is not in motion, the engine is not running,
and the motor vehicle is not located on a designated road, designated vehicle
parking area, or designated campground.
(d)
Except as authorized for specific areas and time periods
by order of the executive director, or by written permission of the hunt supervisor
or area manager, it is an offense for an individual other than a disabled
person or a person directly assisting a disabled person to operate an
off-road vehicle
[
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 7, 2005.
TRD-200500564
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 389-4775
Chapter 523.
AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT
§65.199(14)
] of this title (relating to General Rules of Conduct).
non-consumptive
]
use is governed by state park regulations.
State Park and
] WMA (Unit 730);
--includes Bryan Beach
Unit (Unit 1075)
];
A motor vehicle which does not meet traffic code requirements for operation
on a public roadway with respect to licensing, inspection and insurance requirements
].
which
] may be required to accompany and validate an individual's application
for a special permit.
(8)
] Competitive hunting dog event
(field trial)--A department-sanctioned contest in which the skills of hunting
dogs are tested.
(9)
] Concurrent hunt--A hunt that
maintains the same permit requirements, hunt dates, means and methods, or
shooting hours or combinations thereof for more than one species of animal,
as designated and subject to any special provisions.
(10)
] Consumptive user--A person
who takes or attempts to take wildlife resources.
(11)
] Designated campsite--A designated
area where camping and camping activities are authorized.
(12)
] Designated days--Specific
days within an established season or period of time as designated by the executive
director.
(13)
] Designated road--A constructed
roadway indicated as being open to the public by either signs posted to that
effect or by current maps and leaflets distributed at the area. Roads closed
to the public may additionally be identified by on-site signing, barricades
at entrances, or informational literature made available to the public. Designated
roads do not include county or state roads or highways.
(14)
] Designated target practice
area--An area designated by on-site signing or by order of the executive director
within which the discharge of firearms for target practice is authorized.
(15)
] Designated units of the state
park system--Specific units of the state park system approved by the commission
for application of provisions of this subchapter.
(16)
] Disabled person--A [
paraplegic or a
] person who
possesses a placard, license plate,
or other documentation issued to that person by the State of Texas under the
provisions of
[
has a physician's statement in their immediate possession
certifying that they qualify for handicapped parking privileges (criteria
for permanent ambulatory disability as defined in
] Transportation Code,
Chapter 681[
)
].
(17)
] General Season--A specified
time period, or designated days within a specified time period, during which
more than one means or methods (as designated) may be used to take designated
species.
(18)
] Headwear--Garment or item
of apparel worn on or about the head.
(19)
] Immediate supervision--Control
of a youth by an authorized supervising adult issuing verbal instructions
in a normal voice level.
(20)
] Lands within a desert bighorn
sheep cooperative--An aggregation of lands for which the concerned landowners
and the Texas Parks and Wildlife Department have agreed to coordinate efforts
to restore, manage, and harvest desert bighorn sheep.
(21)
] Limited Public Use (LPU)
Permit--A permit, valid from issuance date through the following August 31,
which allows access to designated
wildlife management areas and
public
hunting lands at the same times that access is provided by an APH permit.
[
A LPU permit does not authorize the taking of wildlife resources.
]
(22)
] Limited use zone--An area
designated by order of the executive director and/or by boundary signs on
the area, within which public use is prohibited or restricted to specified
activities.
(23)
] Loaded firearm--A firearm
containing a live round of ammunition within the chamber and/or the magazine,
or if muzzleloading, one which has a cap on the nipple or a priming charge
in the pan.
(25)
] On-site registration--The
requirement for public users to register at designated places upon entry to
and exit from specified public hunting lands, but does not constitute a permit.
(26)
] Permit--Documentation authorizing
specified access and public use privileges on public hunting lands.
(27)
] Predatory animals--Coyotes
and bobcats.
(28)
] Preference point system--A
method of special permit distribution in which the probability of selection
is progressively enhanced by prior unsuccessful applications within a given
hunt category by individuals or groups.
(29)
] Public hunting area--A portion
of public hunting lands designated as being open to the activity of hunting,
and may include all or only a portion of a certain unit of public hunting
land.
(30)
] Public hunting compartment--A
defined portion of a public hunting area to which hunters are assigned and
authorized to perform public hunting activity.
(31)
] Public hunting lands--Lands
identified in §65.190 of this title (relating to Application) or by order
of the executive director on which provisions of this subchapter apply.
(32)
] Regular Permit--A permit
issued on a first-come-first-served basis, on-site, at the time of the hunt
that allows the taking of designated species of wildlife on the issuing area.
(33)
] Restricted area--All or portions
of public hunting lands identified by boundary signs as being closed to public
entry or use.
(34)
] Sanctuary--All or a portion
of public hunting lands identified by boundary signs as being closed to the
hunting of specified wildlife resources.
(35)
] Slug--A metallic object designed
for being fired as a single projectile by discharge of a shotgun.
(36)
] Special Permit--A permit,
issued pursuant to a selection procedure, which allows the taking of designated
species of wildlife.
(37)
] Special package hunt--A public
hunt conducted for promotional or fund raising purposes and offering the selected
applicant(s) a high quality experience with enhanced provisions for food,
lodging, transportation, and guide services.
(38)
] Tagging fee--A fee which
may be assessed in addition to the special permit fee for the harvest of alligators
for commercial sale or prior to the attempted harvest of desert bighorn sheep
or designated exotic mammals.
(39)
] Wildlife management area
(WMA)--A unit of public hunting lands which is intensively managed for the
conservation, enhancement, and public use of wildlife resources and supporting
habitats.
(40)
] Wildlife resources--Game
animals, game birds, furbearing animals, alligators, marine mammals, frogs,
fish, crayfish, other aquatic life, exotic animals, predatory animals, rabbits
and hares, and other wild fauna.
(41)
] Wounded exotic mammal--An
exotic mammal leaving a blood trail.
(42)
] Youth--A person less than
17 years of age.
but is not authorized to hunt or fish
].
State Park and
]
Wildlife Management Area and do not hunt or enter upon the land;
(F)
] persons who enter Zone C of
the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and
do not hunt or fish.
for hunting or
fishing activities
] will be waived for persons possessing an APH permit.
non-consumptive
] use activities or fails to properly check out at the registration
station before departing the area.
non-consumptive
] use and fishing may be temporarily restricted while hunts are being
conducted by special or regular permit or at times when ongoing research or
management activities may be impacted.
(4)
] cause, create, or contribute
to excessive or disturbing sounds beyond the person's immediate campsite between
the hours of 10 p.m. and 6 a.m.;
(5) to
] establish a camp and leave
it unattended for a period of longer than 24 hours;
(6)
] disturb or remove plants, wood,
rocks, gravel, sand, soil, shell, artifacts, or other objects from public
hunting lands, except as authorized by the department;
(7)
] write on, scratch, or otherwise
deface natural features, signs, buildings, or other structures;
(8)
] fail to deposit refuse in designated
containers or fail to remove it from the area;
(9)
] consume or be under the influence
of alcohol while engaged in hunting activities, or to publicly consume or
display an alcoholic beverage while on public hunting lands;
(10)
] possess dogs in camp that
are not confined or leashed;
(11)
] use or possess any type of
riding stock or pack animal on public hunting lands at any time, except:
or
]
(12)
] use an airboat within the
boundaries of public hunting lands, except as designated for specific areas
and time periods by order of the executive director or by written permission
of the department;
(13)
] take an antlerless deer during
the general open season on wildlife management areas jointly managed by TPW
and the U.S. Forest Service (Alabama Creek, Bannister, Caddo, Moore Plantation,
or Sam Houston National Forest) unless that person possesses on their person
a
U.S.F.S. antlerless permit
[
TPW-issued WMA Antlerless Permit
]; [
or
]
(14)
] enter a unit of public hunting
lands with an equine or equines, or cause the entry of an equine or equines
to a unit of public hunting lands, unless that person has in their immediate
possession, for each equine in the person's custody or equine that the person
allowed to enter the unit of public hunting lands, a completed VS Form 10-11
(Texas Animal Health Commission) showing that the equine has tested negative
to an official Equine Infectious Anemia test within the previous 12 months.
The documentation required by this paragraph shall be made available for inspection
upon the request of any department employee acting within the scope of official
duties
;
[
.
]
all terrain vehicle (ATV)
] on public hunting
lands.
Part 17.
TEXAS STATE SOIL AND WATER CONSERVATION BOARD