Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 65.
WILDLIFE
Subchapter N. MIGRATORY GAME BIRD PROCLAMATION
31 TAC §§65.315, 65.318 - 65.321
The Texas Parks and Wildlife Department (the department)
proposes amendments to §§65.315 and 65.318 - 65.321, concerning
the Migratory Game Bird Proclamation.
The proposed amendment to §65.315, concerning Open Seasons and Bag
and Possession Limits--Early Season Species, would adjust the season dates
for early-season species of migratory game birds to account for calendar-shift.
The proposed amendment also would implement a 16-day teal season, which must
be approved by the U.S. Fish and Wildlife Service (Service) before it can
be implemented. In previous years, the Service has authorized a teal season
not to exceed nine days.
The proposed amendment to §65.318, concerning Open Seasons and Bag
and Possession Limits--Late Season Species, adjusts the season dates for late-season
species of migratory game birds to account for calendar-shift. The proposed
amendment also sets forth conditional bag limits for ducks, coots, and mergansers.
The current bag limits and season structure for these species reflect continuing
concerns on the part of the Service over breeding populations of canvasback
and pintail ducks. For the last three years, the Service has not authorized
full-season hunting opportunity for those two species, electing to require
states to impose a truncated season-within-a-season instead. The proposed
amendment also includes a potential alternative to the season-within-a-season
structure currently in place. The Service is considering implementation of
the "Hunter's Choice" structure. The Hunter's Choice would reduce the daily
bag limit for ducks from six to five and create an aggregate daily bag limit
of one mallard hen, pintail, canvasback, or dusky duck (mottled duck, black
duck, Mexican duck, or their hybrids). The purpose of the Hunter's Choice
structure is to allow for season-long harvest of canvasbacks and pintails,
which would eliminate compliance and enforcement confusion and allow more
hunting time for waterfowl hunters who seek those species. The proposed amendment
also eliminates the term ''Mexican-like duck" in the definition of ''dusky
ducks'' and replaces it with a more accurate description. Mexican-like ducks
are hybrids of mottled ducks, black ducks, and/or Mexican ducks. The change
is necessary because of concerns that the mottled duck is being misidentified
by hunters, which potentially could result in overharvest of mottled ducks.
By clarifying what the category of dusky ducks includes, additional protection
is afforded to mottled ducks by reducing the potential for overharvest due
to misidentification. The department also notes that if the conservation season
is not retained, the department intends to adopt longer light goose (snow
and Ross') and sandhill crane seasons in order to provide the full 107 days
of opportunity allowable under federal frameworks. Currently, the normal seasons
are truncated in order to hold the conservation season.
The proposed amendment to §65.319, concerning Extended Falconry Season--Early
Season Species, adjusts season dates for the take of early-season species
of migratory game birds by means of falconry to reflect calendar shift.
The proposed amendment to §65.320, concerning Extended Falconry Season--Late
Season Species, adjusts season dates for the take of late-season species of
migratory game birds by means of falconry, also to reflect calendar shift.
The proposed amendment to §65.321, concerning Special Management Provisions,
would adjust the dates for the conservation season on light geese to account
for calendar shift and would provide for the elimination of the conservation
season on January 1, 2007. The conservation season is a population control
mechanism originally authorized by the Service in 2000 as a response to serious
habitat degradation on light goose breeding grounds in Canada. The department
has determined that the effect of the conservation season in Texas on overall
light goose numbers has been negligible. The season has also proven to be
unpopular with some hunters, primarily because seasons for other species of
geese and sandhill crane have had to be truncated in order to provide the
conservation season. Texas' conservation season was a good-faith effort to
contribute to a multi-state and international effort to control light geese
numbers; however, if it is producing negligible benefits and curtails other
types of opportunity desired by hunters, the department sees no reason to
continue it. Ordinarily, the department would propose the repeal of an unnecessary
section; however, in this case, a proposed repeal would make it impossible
to retain the section and adjust the conservation season dates for calendar
shift. Conversely, to publish only the proposed calendar-shift adjustments
would make it impossible to eliminate the conservations season. Therefore,
the department publishes the proposed calendar-shift dates and a provision
that would eliminate the conservation season on January 1, 2007 in order to
provide an opportunity for public comment on both possibilities. Obviously,
the intent is to either adjust the conservation season for calendar shift
or eliminate the conservation season, but not both.
The proposed amendments are generally necessary to implement commission
policy to provide the greatest hunter opportunity possible, consistent with
hunter preference for season starting dates and segment lengths, under frameworks
issued by the Service. The Service has not issued regulatory frameworks for
the 2006 - 2007 hunting seasons for migratory game birds; thus, the department
cautions that the proposed regulations are tentative and may change significantly,
depending on federal actions. However, it is the policy of the commission
to adopt the most liberal provisions possible, consistent with hunter preference,
under the frameworks in order to provide maximum hunter opportunity.
Robert Macdonald, regulations coordinator, has determined that for the
first five years that the amendments as proposed are in effect, there will
be no additional fiscal implications to state or local governments of enforcing
or administering the rules as proposed.
Mr. Macdonald also has determined that for each of the first five years
the proposed rules are in effect, the public benefit anticipated as a result
of enforcing the rules as proposed will be the department's discharge of its
statutory obligation to manage and conserve the state's populations of migratory
game birds, as well as the implementation of commission policy to maximize
recreational opportunity for the citizenry.
There will be no adverse economic effect on small businesses or microbusinesses
and no additional economic costs to persons required to comply with the rules
as proposed.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, §2001.022, as the department
has determined that the rules as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted to Vernon Bevill, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;
(512) 389-4578 or 1-800-792-1112.
The amendments are proposed under Parks and Wildlife Code, Chapter
64, which authorizes the Commission and the Executive Director to provide
the open season and means, methods, and devices for the hunting and possessing
of migratory game birds.
The amendments affect Parks and Wildlife Code, Chapter 64.
§65.315.Open Seasons and Bag and Possession Limits--Early Season.
(a)
Rails.
(1)
Dates:
September 16 - 24, 2006 and November 4, 2006
- January 3, 2007
[
(2)
Daily bag and possession limits:
(A)
king and clapper rails: 15 in the aggregate per day; 30
in the aggregate in possession.
(B)
sora and Virginia rails: 25 in the aggregate per day; 25
in the aggregate in possession.
(b)
Dove seasons.
(1)
North Zone.
(A)
Dates:
September 1 - October 30, 2006
[
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(2)
Central Zone.
(A)
Dates:
September 1 - October 30, 2006 and December
26, 2006 - January 4, 2007
[
(B)
Daily bag limit: 12 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 24 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(3)
South Zone.
(A)
Dates: Except in the special white-winged dove area as
defined in §65.314 of this title (relating to Zones and Boundaries for
Early Season Species),
September 22 - November 12, 2006 and December
26, 2006 - January 12, 2007
[
(B)
Daily bag limit: 12 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 24 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(4)
Special white-winged dove area.
(A)
Dates:
September 2, 3, 9, and 10, 2006
[
(i)
Daily bag limit: 12 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than four mourning doves and two white-tipped doves per day;
(ii)
Possession limit: 24 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than eight mourning
doves and four white-tipped doves in possession.
(B)
Dates:
September 22 - November 12, 2006 and December
26, 2006 - January 8, 2007
[
(i)
Daily bag limit: 12 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than two white-tipped doves per day;
(ii)
Possession limit: 24 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than four white-tipped
doves in possession.
(c)
Gallinules.
(1)
Dates:
September 16 - 24, 2006 and November 4, 2006
- January 3, 2007
[
(2)
Daily bag and possession limits: 15 in the aggregate per
day; 30 in the aggregate in possession.
(d)
September teal-only season.
(1)
Dates:
September 9 - 24, 2006
[
(2)
Daily bag and possession limits: four in the aggregate
per day; eight in the aggregate in possession.
(e)
Red-billed pigeons, and band-tailed pigeons. No open season.
(f)
Shorebirds. No open season.
(g)
Woodcock:
December 18, 2006 - January 31, 2007
[
(h)
Wilson's snipe (Common snipe):
November 4, 2006 -
February 18, 2007
[
§65.318.Open Seasons and Bag and Possession Limits--Late Season.
Except as specifically provided in this section, the possession limit
for all species listed in this section shall be twice the daily bag limit.
(1)
Ducks, mergansers, and coots.
If the U.S. Fish and
Wildlife Service establishes a
[
(A)
High Plains Mallard Management Unit:
October 21 -
22, 2006, and October 27, 2006 - January 28, 2007
[
(B)
North Zone:
November 4 - 26, 2006 and December 9,
2006 - January 28, 2007
[
(C)
South Zone:
November 4 - 26, 2006 and December 9,
2006 - January 28, 2007
[
(2)
Geese.
(A)
Western Zone.
(i)
Light geese:
November 4, 2006 - February 6, 2007
[
(ii)
Dark geese:
November 4, 2006 - February 6, 2007
[
(B)
Eastern Zone.
(i)
Light geese:
November 4, 2006 - January 28, 2007
[
(ii)
Dark geese:
(I)
white-fronted geese:
November 4, 2006 - January 14,
2007
[
(II)
Canada geese:
November 4, 2006 - January 28, 2007
[
(3)
Sandhill cranes. A free permit is required of any person
to hunt sandhill cranes in areas where an open season is provided under this
proclamation. Permits will be issued on an impartial basis with no limitation
on the number of permits that may be issued.
(A)
Zone A:
November 4, 2006 - February 4, 2007
[
(B)
Zone B:
November 24, 2006 - February 4, 2007
[
(C)
Zone C:
December 23, 2006 - January 28, 2007
[
(4)
Special Youth-Only Season. There shall be a special youth-only
duck season during which the hunting, taking, and possession of ducks, mergansers,
and coots is restricted to licensed hunters 15 years of age and younger accompanied
by a person 18 years of age or older, except for persons hunting by means
of falconry under the provisions of §65.320 of this chapter (relating
to Extended Falconry Season--Late Season Species). Bag and possession limits
in any given zone during the season established by this paragraph shall be
as provided for that zone by paragraph (1) of this section, except that pintail
ducks and canvasback ducks may be taken. The bag limit for pintail ducks is
one per day and the bag limit for canvasback ducks is one per day. The possession
limit is two. Season dates are as follows:
(A)
High Plains Mallard Management Unit:
October 14 -
15, 2006
[
(B)
North Zone:
October 28 - 29, 2006
[
(C)
South Zone:
October 28 - 29, 2006
[
§65.319.Extended Falconry Season--Early Season Species.
(a)
It is lawful to take the species of migratory birds listed
in this section by means of falconry during the following Extended Falconry
Seasons:
(1)
mourning doves and white-winged doves:
November 19
- December 25, 2006
[
(2)
rails and gallinules:
January 4 - February 9, 2007
[
(3)
woodcock:
November 24 - December 17, 2006
[
(b)
The daily bag and possession limits for migratory game
birds under this section shall not exceed three and six birds respectively,
singly or in the aggregate.
§65.320.Extended Falconry Season--Late Season Species.
It is lawful to take the species of migratory birds listed in this
section by means of falconry during the following Extended Falconry Seasons.
(1)
Ducks, coots, and mergansers:
(A)
High Plains Mallard Management Unit: no extended season;
(B)
North Duck Zone:
January 29 - February 19, 2007
[
(C)
South Duck Zone:
January 29 - February 19, 2007
[
(2)
The daily bag and possession limits for migratory game
birds under this section shall not exceed three and six birds, respectively,
singly or in the aggregate.
§65.321.Special Management Provisions.
The provisions of paragraphs (1) - (3) of this section apply only to
the hunting of light geese. All provisions of this subchapter continue in
effect unless specifically provided otherwise in this section; however, where
this section conflicts with the provisions of this subchapter, this section
prevails.
(1)
Means and methods. In addition to the means and methods
authorized in §65.310(a) of this title (relating to Means, Methods, and
Special Requirements), the following means and methods are lawful during the
time periods set forth in paragraph (4) of this section:
(A)
shotguns capable of holding more than three shells; and
(B)
electronic calling devices.
(2)
Possession. During the time periods set forth in paragraph
(4) of this section:
(A)
there shall be no bag or possession limits; and
(B)
the provisions of §65.312 of this title (relating
to Possession of Migratory Game Birds) do not apply; and
(C)
a person may give, leave, receive, or possess legally taken
light geese or their parts, provided the birds are accompanied by a wildlife
resource document from the person who killed the birds. The wildlife resource
document is not required if the possessor lawfully killed the birds; the birds
are transferred at the personal residence of the donor or donee; or the possessor
also possesses a valid hunting license, a valid waterfowl stamp, and is HIP
certified. The wildlife resource document shall accompany the birds until
the birds reach their final destination, and must contain the following information:
(i)
the name, signature, address, and hunting license number
of the person who killed the birds;
(ii)
the name of the person receiving the birds;
(iii)
the number and species of birds or parts;
(iv)
the date the birds were killed; and
(v)
the location where the birds were killed (e.g., name of
ranch; area; lake, bay, or stream; county).
(3)
Shooting hours. During the time periods set forth in paragraph
(4) of this section, shooting hours are from one half-hour before sunrise
until one half-hour after sunset.
(4)
Special Light Goose Conservation Period.
(A)
From
January 29 - March 25, 2007
[
(B)
From
February 7 - March 25, 2007
[
(5)
The provisions of this section
cease effect on January 1, 2007.
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 May 22, 2006.
TRD-200602857
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: July 2, 2006
For further information, please call: (512) 389-4775
Chapter 368.
FLOOD MITIGATION ASSISTANCE PROGRAM
September 10 - 25, 2005 and October 29 - December
21, 2005
].
September 1 - October 30, 2005.
]
September 1 - October 30, 2005 and
December 26, 2005 - January 4, 2006
].
September 23 - November 10, 2005 and
December 26, 2005 - January 15, 2006
].
September 3, 4, 10, and 11, 2005
].
September 23 - November 10, 2005 and
December 26, 2005 - January 11, 2006
].
September 10 - 25, 2005 and October 29 - December
21, 2005
].
September
17 - 25, 2005
].
December 18, 2005 - January 31, 2006
]. The daily bag limit is three.
The possession limit is six.
October 29, 2005 - February 12, 2006
].
The daily bag limit is eight. The possession limit is 16.
The
] daily bag limit for
ducks
of
[
is
] six,
the daily bag limit shall
[
which may
] include no more than five mallards, only two of which may
be hens, two scaup, one ''dusky'' duck (mottled duck, black duck,
Mexican
duck, or hybrid of those species,
[
or Mexican-like duck
])
one canvasback, one pintail, two redheads, and two wood ducks.
Canvasback
and pintail may be taken only during the restricted seasons provided for those
species. If the U.S. Fish and Wildlife Service establishes an aggregate bag
limit of five, the daily bag shall include no more than two scaup, two redheads,
two wood ducks, and no more than one (in the aggregate) of the following:
mallard hen, pintail, dusky duck, or canvasback.
The daily bag limit
for coots is 15. The daily bag limit for mergansers is five, which may include
no more than one hooded merganser. [
Canvasback and pintail may be taken
only during the restricted seasons provided for those species.
]
October 22 -
23, 2005, and October 28, 2005 - January 29, 2006
]. The open season
for pintail and canvasback begins
December 21, 2006 and runs through
January 28, 2007
[
December 22, 2005 and runs through January 29,
2006
].
November 5 - 27, 2005 and December 10,
2005 - January 29, 2006
]. The open season for pintail and canvasback
begins
December 21, 2006 and runs through January 28, 2007
[
December 22, 2005 and runs through January 29, 2006
].
November 5 - 27, 2005 and December 10,
2005 - January 29, 2006
]. The open season for pintail and canvasback
begins
December 21, 2006 and runs through January 28, 2007
[
December 22, 2005 and runs through January 29, 2006
].
November 5, 2005 - February 7, 2006
]. The daily bag limit for light
geese is 20, and there is no possession limit.
November 5, 2005 - February 7, 2006
]. The daily bag limit for dark geese
is four, which may not include more than three Canada geese or more than one
white-fronted goose.
November 5, 2005 - January 29, 2006
]. The daily bag limit for light
geese is 20, and there is no possession limit.
November 5, 2005 - January 15, 2006
]. The daily bag
limit for white-fronted geese is two.
November 5, 2005 - January 29, 2006
]. The daily bag limit
for Canada geese is three.
November 5, 2005 - February 5, 2006
]. The daily bag limit is three.
The possession limit is six.
November 26, 2005 - February 5, 2006
]. The daily bag limit is three.
The possession limit is six.
December 24, 2005 - January 29, 2006
]. The daily bag limit is two. The
possession limit is four.
October 15 - 16, 2005
];
October
29 - 30, 2005
]; and
October
29 - 30, 2005
].
November 19 - December 25, 2005
].
December 22, 2005 - January 27, 2006
].
November 24 - December 17, 2005 and February 1 - March 10, 2006
].
January 30 - February 20, 2006
];
January 30 - February 20, 2006
].
January
30, 2006 through March 26, 2006
], the take of light geese is lawful
in Eastern Zone as defined in §65.317 of this title (relating to Zones
and Boundaries for Late Season Species).
February
8 - March 26, 2006
], the take of light geese is lawful in the Western
Zone as defined in §65.317 of this title (relating to Zones and Boundaries
for Late Season Species).
Part 10.
TEXAS WATER DEVELOPMENT BOARD