Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
Subchapter D. EDUCATION
The Texas Parks and Wildlife Department proposes an amendment to §51.80, concerning Hunter Education Course and Instructors. The proposed amendment would reduce the minimum age requirement for hunter-education certification. The current minimum age for hunter-education certification is 12, which has been in effect since 1988. Staff recommends lowering the minimum age to 9 years of age to be consistent with the minimum age standards of the department's youth hunting program and similar laws in other states.
Mr. Steve Hall, Education Director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of enforcement or administration of the rule.
Mr. Hall also has determined that for each of the first five years the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be that larger numbers of Texas youth will be to participate in hunting activities in Texas and elsewhere.
There will be no adverse economic effect on persons required to comply with the amendment as proposed.
The department has determined that small or micro-businesses will not be affected by the proposed rule. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.
Comments on the proposed rule may be submitted to Steve Hall, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4568 (e-mail: steve.hall@tpwd.state.tx.us).
The rule is proposed under the authority of Parks and Wildlife Code, §62.014, which authorizes the department to adopt rules necessary to implement the hunter education program.
The proposed rule affects Parks and Wildlife Code, Chapter 62.
§51.80.Hunter Education Course and Instructors.
(a) (No change.)
(b) Hunter Education Requirements.
(1) - (3) (No change.)
(4) A person must be at least
nine
[
12
]
years of age to be certified.
(5) - (8) (No change.)
(c) (No change.)
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 8, 2008.
TRD-200800782
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department (the department) proposes the repeal of §51.651 and amendments to §51.607 and §51.608, concerning advisory committees. The proposal would repeal the advisory committee rules regarding the Operation Game Thief Committee and restructure the agency's two game bird advisory committees.
The repeal of §51.651 and the proposed amendments to §51.607 and §51.608 are necessary to more accurately reflect the status of the Operation Game Thief Committee and to address the restructuring of the agency's game bird advisory committees.
The Texas Parks and Wildlife Code authorizes the Chairman of the Texas Parks and Wildlife Commission (the commission) to appoint advisory committees and to "adopt rules that set the membership, terms of service, qualifications, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this section." Tex. Parks & Wild. Code, §11.0162. An advisory committee is a committee, council, commission, board, or task force or other entity with multiple members that has as its primary function advising a state agency in the executive branch of state government. Tex. Gov't Code, §2110.001.
For a number of years, the department has sought advice from interested persons and groups about the functions of the departments. Such input is important as the commission and the department carry out the agency's mission. The formation of advisory committees is an efficient and effective method of obtaining necessary and useful input. The department does not reimburse advisory committee members for their expenses or otherwise compensate advisory committee members.
Under Government Code, Chapter 2110, unless otherwise provided by specific statute, for each official advisory committee, a state agency must adopt rules that (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished. Tex. Gov't Code, §§2110.005, 2110.008. Government Code. Chapter 2110 contains other requirements for advisory committees, such as annual evaluation, a limit of 24 members, balanced membership representation, selection of presiding officer by members, and four-year duration unless otherwise provided by rule. Tex. Gov't Code §§2110.002, 2110.003, 2110.006, 2110.008. Effective in September 2005, the Commission adopted rules regarding each of the agency's advisory committees. Those rules included the Operation Game Thief Advisory Committee, the Game Bird Advisory Board and the Texas Quail Council.
The proposed repeal of §51.651, concerning Operation Game Thief Advisory Committee, is necessary to more accurately reflect the role of the Operation Game Thief Committee. The Operation Game Thief Committee is established by statute under Parks and Wildlife Code, §12.202, to make reward payments and death benefit payments from the Operation Game Thief fund. As a result, the Operation Game Thief Committee is not clearly an advisory committee under Government Code, Chapter 2110.In addition, there are currently other more specific rules regarding the Operation Game Thief program under 31 TAC §§55.111 - 55.116.
The proposed amendments to §65.607, concerning the Game Bird Advisory Board, and §65.608, concerning the Texas Quail Council, would reconfigure those two sections. The proposed amendment to §65.607 would change the name of the Game Bird Advisory Board to the Migratory Game Bird Advisory Board. The proposed amendments would also limit the scope of the committee's role to those issues affecting migratory game birds.
The proposed amendment to §65.608 would change the name of the Texas Quail Council to the Upland Game Bird Advisory Board. The proposed amendments would also expand the scope of the committee's role to include issues affecting all upland game birds. Although the scope of this committee's role will be expanded, issues involving quail will continue to be an important component of this committee's role.
The changes to the two game bird advisory committees will also more closely align the advisory committee structure with current law regarding hunting stamps. In 2005 the 79th Texas Legislature repealed the turkey stamp, the white-winged dove stamp, and the duck stamp and replaced them with the upland game bird stamp and the migratory game bird stamp. By statute, revenues from the sale of the respective stamps are specifically dedicated to habitat acquisition, research, and management of upland game birds and migratory game birds, respectively. Since the department's research and management activities now reflect this dichotomy, the department has determined that is appropriate and necessary for the charges to the department's advisory boards to be similarly delineated. Therefore, the proposed amendments would replace the Game Bird Advisory Board with the Migratory Game Bird Advisory Board and the Texas Quail Council with the Upland Game Bird Advisory Board.
Ann Bright, General Counsel, has determined that for each of the first five years the repeal and amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Bright has also 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 to ensure proper management and effective use of department advisory committees. The department does not reimburse advisory committee members for their expenses or otherwise compensate advisory committee members.
There will be no adverse economic effect on persons required to comply with the amendment as proposed.
The department has determined that small or micro-businesses will not be affected by the proposed rule. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
The department has not filed a local impact statement with the Texas Workforce Commission as required by 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.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.
Comments on the proposed rules may be submitted to Ann Bright, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8558; or ann.bright@tpwd.state.tx.us.
The amendments are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.
The proposed amendments affect Parks and Wildlife Code, §11.0162.
§51.607. Migratory Game Bird Advisory Board (MGBAB) [ (GBAB) ].
(a) The
MGBAB
[
GBAB
] is created to advise the department regarding the following:
(1) the management, research and habitat acquisition needs of [
game birds and
] migratory game birds.
(2) development and implementation of [
game bird and
] migratory game bird regulations, research, and management.
(3) education and communications with various constituent
groups and individuals interested in [
game birds and
] migratory game birds.
(b) The
MGBAB
[
GBAB
] consists of members selected from members of the general public with an interest
in [
game bird and
] migratory game bird management.
(c) The
MGBAB
[
GBAB
] shall comply
with the requirements of §51.601 of this title (relating to General
Requirements).
§51.608. Upland Game Bird Advisory Board (UGBAB) [ Texas Quail Council (TQC) ].
(a) The
UGBAB
[
TQC
] is created to advise the department on matters pertaining to [
the implementation of the Texas Quail Conservation Initiative, including
] the following:
(1) regulation, management, research, and funding needs regarding
upland game bird
[
the four
] species
[
of quail
] that occur in Texas
;
[
and
]
(2) management, research and habitat acquisition needs of
upland
game birds
; and
[
and migratory game birds.
]
(3) education and communications with various constituent
groups and individuals interested in
upland game bird
[
the
quail
] species of Texas.
(b) The composition of the
UGBAB
[
Texas Quail Council
] shall represent:
(1) the ecological range of
upland game bird
[
quail
] species in Texas;
(2) landowners;
(3) conservation organizations;
(4) representatives of appropriate state and federal agencies; and
(5)
upland game bird
[
quail
]
hunters.
(c) The
UGBAB
[
TQC
] shall comply
with the requirements of §51.601 of this title (relating to General
Requirements).
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 8, 2008.
TRD-200800783
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Parks and Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005 and 2110.008. The proposed repeal affects Parks and Wildlife Code, §11.0162.
§51.651.Operation Game Thief Committee (OGTC).
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 8, 2008.
TRD-200800784
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
Subchapter A. FEES
Division 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES
The Texas Parks and Wildlife Department (the department) proposes an amendment to §53.10, concerning Public Hunting and Fishing Permits and Fees. The proposed amendment would allow the purchase of Big Time Texas Hunt (BTTH) entries via the department's web site for $9 per entry. Parks and Wildlife Code, §11.0271, authorizes the department to conduct public drawings for public hunting privileges and to charge a participation fee for the drawings. The BTTH program offers selected special hunting opportunities to the public by random drawing from a pool of applicants who have purchased an entry or entries. There is no limit on the number of entries a person may purchase. The proceeds from the sale of the entries are used to provide the hunting opportunities and to supplement the department's public hunting programs.
Under the current rule, all entries are $10. The department believes that the offer of a reduced price for entries purchased via the Internet will encourage customers to make such purchases via the Internet and result in increased participation in BTTH drawings. Increased sales of BTTH entries will increase revenues to support the department's public hunting program.
In addition, a reduced price for Internet entries will also support the department's effort to more fully use the Internet to provide information to potential BTTH participants about the benefits of the BTTH program. Historically, TPWD has been very successful in obtaining BTTH participation by providing BTTH information by direct mail to certain hunting and fishing license holders and previous BTTH purchasers. However, the costs associated with such direct mail efforts continue to rise. The department believes that it can reduce these costs by expanding its email communications to those online customers who prefer to be reached via this method. Such methods of communication will also enhance the convenience with which a person may purchase one or more BTTH entries. The department believes that the reduced price for Internet purchases of BTTH entries will assist the department in expanding efforts to encourage participation in BTTH and increase BTTH purchases without an increase in cost to the department.
Darcy Bontempo, Director of Marketing, has determined that for each of the first five years that the rule as proposed is in effect, although the department anticipates an increase in BTTH sales, the overall fiscal impact to the department will depend on customer response to the on-line discount offer. As a result, the fiscal impact to the department could be positive or negative, or there could be no fiscal impact as a result of enforcing or administering the rule.
In Fiscal Year (FY) 2007, the department sold 79,815 BTTH entries in 17,668 transactions, resulting in gross revenues of $798,815 to the department. The overwhelming majority of the entries (16,714) were purchased by mail, by telephone, in person or through TPWD's Internet web site directly from the department. The other 954 entries were purchased from license deputies (third-party representatives of the department authorized to sell licenses, stamps, and permits). Of the 16,714 purchased directly from the department, 7,181 entries were purchased through the department's Internet site. When point-of-sale, credit card transaction fees, license deputy commissions and related fees are deducted, the net revenue to the department in FY 2007 from the sales of BTTH entries was $780,806, rounded to the nearest dollar. This figure does not include any Internet convenience fees charged by the department for on-line transactions.
Using FY 2007 sales data, if Internet sales of BTTH entries remain constant at 7,181 entries, the department would realize a reduction of gross revenue of $7,181. However, if sales of Internet BTTH entries increase by approximately 11% and other forms of BTTH entries remain constant, the department will realize no overall fiscal impact, again excluding any convenience fee. However, if, as anticipated, the participation rate increases by more than approximately 11%, the department will realize a positive fiscal impact. In addition, if Internet outreach proves to be successful, the department may be able to reduce direct mail costs which are projected to be approximately $0.50 per direct mail piece in 2008.
There will be no fiscal implications for other units of state or local government as a result of the rule.
Ms. Bontempo also has determined that for each of the first five years the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be enhancement of public hunting opportunity created by the increased revenue from the BTTH program, as well as the availability of a reduced-price option and increased convenience for persons wishing to participate in the program.
There will be no additional economic costs for persons required to comply with the rules as proposed. Participation in the BTTH program is voluntary. The proposed rule would allow for a discount of $1 per BTTH entry per transaction for BTTH entries purchased online.
The rules as proposed may result in direct adverse economic impacts on small businesses or micro-businesses. The department has determined that there are 133 entities that may qualify as small or micro-businesses and may be affected by the rule as proposed. The businesses sell licenses and permits on behalf of the department and receive a commission of 5% of the value of each transaction. Department data show that in 2007, small and micro-businesses conducted 469 transactions involving the sale of a BTTH entry, with an average commission of $1.75. The largest commission paid was $10. Therefore, if the proposed rule resulted in all BTTH entries being purchased online, the maximum direct adverse impact to any small business or microbusiness, based on historical data, would be an average loss of $1.75 and a maximum of $10. Otherwise, the proposed rule would not add new reporting or recordkeeping requirements; require any new professional expertise, capital costs, or costs for modification of existing processes or procedures; lead to loss of sales or profits; change market competition; or increase taxes or fees.
The purpose of the proposed amendment is to offer a convenient method for customers to purchase BTTH entries and at the same time create opportunities to promote department programs and partners.
The department has considered alternatives to reduce the direct adverse economic impact of the proposed rule on small businesses and micro-businesses. The agency considered not implementing a reduced price for BTTH entries purchased online. This alternative was rejected because it would not allow the department to achieve the one of the objectives of the rule, which is to create opportunities to promote department programs and partners online. The department also considered simply setting the price of a BTTH entry at $9. This alternative was rejected because it would diminish current funding levels for the public hunting program.
In view of the information currently available to the department, no reasonable alternative to the proposed rule could be identified that achieve the objective of the proposed rule and be as effective and less burdensome to small businesses or micro-businesses.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.
Comments on the proposed rule may be submitted to Darcy Bontempo, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4574 (e-mail: darcy.bontempo@tpwd.state.tx.us).
The amendment is proposed under the authority of Parks and Wildlife Code, §11.0271, which requires the commission to set any fees for participation in a drawing to select applicants for public hunting privileges.
The proposed amendment affects Parks and Wildlife Code, Chapter 11.
§53.10.Public Hunting and Fishing Permits and Fees.
(a) - (b) (No change.)
(c) Application fee. The following fee amounts apply only to persons 17 years of age or older. The non-refundable application fee for individuals applying for computer-selected participant hunting opportunities is:
(1) $3 per applicant for participation in drawings for supervised hunts;
(2) $10 per applicant for participation in drawings
for guided hunts and management deer hunts on private lands leased
by the department; [
and
]
(3) $10 per entry for participation in drawings for
Big Time Texas Hunts
, if not purchased online via the department's website; and
[
.
]
(4) $9 per entry for participation in drawings for Big Time Texas Hunts, if purchased online via the department's website.
(d) (No change.)
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 8, 2008.
TRD-200800785
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
Subchapter A. HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS
The Texas Parks and Wildlife Department (the department) proposes amendments to §57.112 and §57.113, concerning Harmful or Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants.
The proposed amendment to §57.112, concerning General Rules, would prohibit the removal of live grass carp from public waters where grass carp have been placed under a permit issued by the department. The department issues permits authorizing the purchase and release of grass carp to control aquatic vegetation in public waters. The removal of grass carp from waters where they have been released frustrates the biological goal of controlling aquatic vegetation and reduces the cost effectiveness of that control effort. The proposed amendment is necessary to make grass carp introductions as efficacious as possible.
The proposed amendment would prohibit the release into public waters, importation, sale, purchase, transport, propagation, and possession of black carp (Mylopharyngodon piceus), silver carp (Hypopthalmichthys molitrix), and all species of crayfish within the family Parastacidae.
The U.S. Fish and Wildlife Service has added the black carp and the silver carp to the federal list of injurious fish, which prohibits live fish, gametes, viable eggs, and hybrids of listed species from being imported into or transported between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico or any territory or possession of the United States. The silver carp was added to the list on July 10, 2007 and the black carp was added to the list on October 18, 2007. Although the federal listing does not affect any state's authority to permit possession of black carp or silver carp, by prohibiting importation and interstate transport it effectively makes commercial production of those species moot. The department is aware of no person in the state cultivating or selling black or silver carp under an exotic species permit. The proposed amendment would make Texas regulations consistent with federal regulations.
Under current rules the possession, importation, sale, purchase, transport, propagation, and release into public waters of all species of southern hemisphere crayfish with the exception of the family Parastacidae are prohibited. Crayfish in the family Parastacidae may be possessed, propagated, transported, and sold under an exotic species permit, but live Parastacidae may be possessed by non-permitted persons only at a restaurant or other food service establishment for purposes of on-premises consumption as food or while being transported to an out-of-state destination.
The department has conducted a risk analysis of escapement, establishment, and environmental impact of Australian red claw crayfish (Cherax quadricarinatus). The risk analysis concluded that there is a high potential of escapement from both open and closed systems and a high probability of survival and population establishment in natural systems in Texas. Closed systems are tank or pond systems that do not allow free ingress or egress. Open systems are ponds that allow organisms to enter or leave as they wish. The department finds that the potential detrimental effects on native Texas crayfishes and other aquatic organisms provide ample justification for the prohibition of the possession of live red claw crayfish in the state.
The impact of a specific exotic species on a given native ecosystem is difficult to predict, but in general terms, the threat potential can be characterized by 1) evidence that the species is invasive elsewhere; 2) potential suitable range; 3) reproductive potential; 4) habitat quality; 5) the presence/absence of similar species; 6) the prey/predator relationship within the prospective habitat; and 7) food abundance. In addition, other factors such as dispersal dynamics (organisms and the way they move and distribute themselves between habitats) can affect the efficiency with which an invasive exotic species can become established. Once established, invasive exotic species are extremely difficult if not impossible to eliminate.
The Australian red claw crayfish (Cherax quadricarinatus) is native to remote areas of tropical northern Australia. Escapement of other nonindigenous crayfishes into natural systems in the U.S. has resulted in the elimination of native crayfishes from lakes and streams, the loss of habitats and forage important for native fish production and recruitment, and reduced abundance of native amphibians (Lodge et al. 2000). These negative impacts, coupled with the observation that most North American crayfishes occur within small ranges throughout the southeastern United States, suggest a potential cause for concern regarding the vulnerability of native aquatic communities to nonindigenous crayfishes in Texas.
Escapements from aquaculture facilities, as well as both intentional and unintentional releases by aquarium and pond enthusiasts, have been responsible for the establishment of many nonindigenous fishes in the United States. Aquaculture has been identified as the fourth most important vector in crayfish introductions in North America (Lodge et al. 2000), and an estimated 65% of escape events have resulted in the establishment of exotic populations (Beveridge, no date). Escapement of the red claw crayfish from aquaculture environments has been documented in Africa, Puerto Rico, and Venezuela (Williams et al. 2001; de Moor 2002). Adults have exhibited the ability to climb air supply lines, whereas juveniles climb the sides of tanks or become drawn into filter and drainage systems and subsequently released (Masser and Rouse 1997). Red claw crayfish also exhibit the ability to escape natural or man-made pond environments over land (J. Furse, Griffith University). These results indicate a high escapement potential of red claw crayfish in both open and closed systems.
Red claw crayfish are habitat generalists, exhibiting broad dietary requirements and the ability to survive a broad range of environmental conditions (Masser and Rouse 1997; Kats and Ferrer 2003). Optimal growth and survival occurs at water temperatures above 21°C (70°F); however, individuals can survive at water temperatures as low as 7 to 10°C (46 to 50°F; Masser and Rouse 1997), with reproduction occurring at temperatures greater than 15°C (59°F; J. Furse, Griffith). Red claw crayfish can also persist at relatively low dissolved oxygen concentrations (< 1 ppm; Masser and Rouse 1997), and high levels of salinity (e.g., up to 1.75%). Mean annual water temperatures in many regions of Texas are within the thermal tolerances of the red claw crayfish, suggesting that these regions, as well as thermally influenced areas (e.g., springs, municipal warmwater discharges, etc.) may facilitate the survival of red claw crayfish in natural environments. In addition, red claw crayfish have the ability to burrow into substrates (Masser and Rouse 1997) which may provide thermal insulation and allow individuals to persist at sublethal temperatures.
The reproductive characteristics of the red claw crayfish suggest the potential for rapid population growth in a suitable environment. Individuals reach reproductive maturity at 6 to 12 months of age and have the ability to produce multiple broods each year with high reproduction rates (i.e., up to 1,000 eggs per female per spawn; Masser and Rouse 1997). In contrast, most native North American crayfishes spawn once per year during fall and females bear eggs during spring (Helfrich and DiStefano 2003). The growth of juvenile red claw crayfish is rapid and aggressive behavior and cannibalism is known to occur at this lifestage (Masser and Rouse 1997). It is unknown whether these behaviors exhibited towards other red claw crayfish would be extended to other species under competition in a natural environment.
Little information exists regarding competition between red claw crayfish and native North American species. Masser and Rouse (1997) reported that red claw crayfish did not negatively affect native red swamp crayfish during interaction experiments in an Alabama culture environment. However, red claw crayfish are known to dominate local Australian crayfish and prawn species (Cook et al., no date) and out-compete native shrimp species in Puerto Rico (Williams et al. 2001). Studies of the impacts of other exotic crayfishes on native species indicate highly detrimental effects, including reductions in distribution or extirpation (Reigel 1959; Bouchard 1977; Lodge et al. 1986; Olsen et al. 1991; Jezerinac et al. 1995; Light et al. 1995; Taylor and Redmer 1996; Lodge et al 2000b). Competitive advantages of the exotic species were found to be related to a number of interacting mechanisms, including food consumption rates (Olsen et al. 1991; Willman et al. 1994), individual growth rates and potential (Hill et al. 1993), competition for shelter and food (Hill and Lodge 1994), differential susceptibility to fish predation (DiDonato and Lodge 1993; Garvey et al. 1994), and genetically confirmed hybridization (Perry et al. unpublished data; Lodge et al. 2000b). The relatively large body size, rapid growth rate, and reproductive potential of the red claw crayfish suggest that these characteristics may provide similar competitive advantages over native Texas species.
Approximately 350 species (75% of the world's total) of crayfish inhabit the United States. Many of these are among the most threatened of all terrestrial and aquatic species (Lodge et al. 2000a; Lodge et al. 2000b). In addition, the majority of these crayfishes occur within small geographic ranges in the Southeastern U.S., rendering them highly susceptible to environmental change (Lodge et al. 2000b). A total of 35 species of crayfish are native to Texas, 13 of which are endemic and distributed over a relatively small geographic scales (e.g., drainage basins, counties, etc.). In 1996, the American Fisheries Society listed four Texas species as of special concern, one as threatened, and an additional six as endangered (Table 1). The status of these species, coupled with the limited geographic distribution of many Texas crayfishes, suggests that conserving these populations and their respective environments are future challenges faced by the department. In addition, other state and federally listed aquatic organisms, such as the San Marcos salamander (Eurycea nana), the Comal Springs riffle beetle (Heterelmis comalensis ), the Comal Springs Dryopid beetle (Stygoparnus comalensis ), and the fountain darter (Etheostoma fonticola), could be negatively affected due to predation, alterations in habitat, food web dynamics, and competition from invasive exotic species. Although little is known about the direct impacts of the red claw crayfish on native aquatic communities in the U.S., information from other countries, case histories of other invasive crayfishes in the U.S., and the population status of many aquatic species in Texas suggest that detrimental effects on natural systems in the state are probable.
Mr. Joedy Gray, Exotic Species Program 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 or local government as a result of enforcing or administering the rules.
Mr. Gray 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 protection of the state's aquatic ecosystems from the adverse effects of intentional and accidental introductions of exotic aquatic species exotic species.
The rules as proposed will not result in adverse economic impacts to persons required to comply with the rule. The only class of person that might be adversely affected by the proposed rule would be those persons culturing and selling black carp, silver carp, or organisms within the family Parastacidae. Although the rules as proposed would prohibit the possession of black carp, silver carp, or live crayfish of the family Parastacidae, the rules currently in effect prohibit the possession of those species without a valid exotic species permit issued by the department. Since to the department's knowledge there are no persons in Texas who are in lawful possession of these species, there are no persons adversely affected by compliance with the proposed rule, although there may be persons who possess and sell these species illegally.
The rules as proposed will not result in direct adverse economic impacts to small businesses or micro-businesses, as there are no small businesses or micro-businesses in the state engaged in any lawful commercial activity involving black carp, silver carp, or Australian red claw crayfish.
Although Government Code § 2001.0225, Regulatory Analysis of Major Environmental Rules, does not apply to the proposed rule, the department nonetheless provides a regulatory analysis, as follows.
The benefit anticipated by the department as a result of implementing the proposed rules is the protection of native aquatic ecosystems from the potential adverse effects of introduced exotic species. The adverse effects of intentional and accidental introductions of exotic aquatic species into natural aquatic systems have been widely studied and documented around the world. Once established, invasive exotic species are extremely difficult if not impossible to eliminate. The department's risk analysis concludes that the Australian red claw crayfish presents a credible threat to native species and ecosystems; therefore, the proposed amendment is justifiable.
Other than the public benefits described elsewhere in this preamble, there will be no other benefits or costs to other state agencies, local governments, the public, or the regulated community as a result of adoption and implementation of the proposed amendments. The department finds that there no person in the state is presently in lawful possession of live black carp, silver carp, or Parastacidae.
The department finds that there is no reasonable alternative that would be as or more effective in achieving the objective of the proposed amendments.
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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
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 Joedy Gray, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8037 (e-mail: joedy.gray@tpwd.state.tx.us).
The amendments are proposed under the authority of Parks and Wildlife Code, §66.007, which authorizes the commission to regulate the importation, possession, sale, and placing into the water of this state harmful or potentially harmful exotic fish, shellfish and aquatic plants, and under Agriculture Code, §134.020, which authorizes the commission to regulate the importation, propagation, and sale of harmful or potentially harmful exotic species by an aquaculturist.
The proposed amendments affect Parks and Wildlife Code, Chapter 66 and Agriculture Code, Chapter 134.
§57.112.General Rules.
(a) - (b) (No change.)
(c) Except as specifically authorized in writing by the department, it is an offense for anyone to remove a live grass carp from public waters where grass carp have been introduced under a permit issued by the department.
(d)
[
(c)
] Violation of any provision
of a permit issued under these rules is a violation of these rules.
§57.113.Exceptions.
(a) - (c) (No change.)
(d) A person who holds a valid exotic species permit
issued by the department may possess, propagate, transport or sell
water spinach, triploid grass carp, [
silver carp, triploid black carp, commonly known as snail carp,
] bighead carp, blue tilapia
(Oreochromis aureusa), Mozambique tilapia (O. mossambica), Nile tilapia
(O. nilotocusa), or hybrids between the three tilapia species, unless
otherwise provided by conditions of the permit or these rules.
(e) - (h) (No change.)
(i) A licensed retail or wholesale fish dealer is not required to have an exotic species permit to purchase or possess:
(1) live individuals of triploid grass carp, [
silver carp, triploid black carp,
] bighead carp, blue tilapia, Mozambique
tilapia, Nile tilapia or hybrids of those species held in the place
of business, unless the retail or wholesale fish dealer propagates
one or more of these species. However, such a dealer may sell or deliver
these species to another person only if the fish have been gutted
or beheaded; or
(2) (No change.)
(j) - (m) (No change.)
[
(n)
An aquaculturist who holds a valid
exotic species permit issued by the department may possess, propagate,
transport, and sell Parastacidae. Live Parastacidae may be possessed
without a permit only:
]
[
(1)
at a restaurant or other food
service establishment for purposes of on-premises consumption as food;
or
]
[
(2)
while being transported to an out-of-state destination.
]
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 8, 2008.
TRD-200800786
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION
The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.9 - 65.11, 65.42, 65.60, 65.62, and 65.72, concerning the Statewide Hunting and Fishing Proclamation.
The proposed amendment to §65.9, concerning Open Seasons: General Rules, would alter subsection (a) to make it consistent with statutory changes made by the legislature. The current rule prohibits the hunting of game animals or game birds on public roadways or the right of way of public roadways. Section 44 of House Bill 12, enacted by the 80th Legislature, amended Parks and Wildlife Code, §62.001, prohibits the hunting of any bird or animal on a public roadway or right of way, except as provided. The proposed amendment is necessary to ensure that the agency's regulations are consistent with statutory law.
The proposed amendment to §65.10, concerning Possession of Wildlife Resources, would allow certain department-issued tags to function as proof-of-sex documentation for harvested deer. Current rules require that proof of sex remain with deer, turkey, or antelope until reaching either the possessor's permanent residence or a cold storage/processing facility. For deer, proof of sex consists of the unskinned head, a receipt from a taxidermist, or a signed statement from the owner of the land where the deer was killed. The proposed amendment would add new subsection (e) to allow specific department-issued tags (Managed Lands Deer Permit, Landowner Assisted Management Permit, antlerless mule deer permit, special permits on wildlife management areas and state parks, and Antlerless and Spike-buck Control Permit) to function as proof-of-sex documentation. The amendment is necessary to reduce duplication of effort on the part of hunters. The proposed amendment also corrects an inaccurate reference in subsection (b)(6).
The proposed amendment to §65.11, concerning Lawful Means, would eliminate the minimum draw weight requirement for archery equipment. Under current rule, the minimum draw weight for compound bows, recurved bows, and longbows is 40 pounds. If the minimum draw weight is eliminated, staff believes that bowhunting would become more accessible to younger hunters and others who might have difficulty drawing a 40-pound bow.
The proposed amendment to §65.42, concerning Deer, would implement a nine-day, buck-only mule deer season in Andrews (east of U.S. Highway 385), Martin, and Gaines counties. Under current rule, there is no open season for mule deer in Andrews (east of U.S. Highway 385), Martin, or Gaines counties. Implementing a nine-day, buck-only would offer increased hunter opportunity without adversely impacting mule deer reproduction or distribution. The literature suggests that the implementation of a buck-only season will not have any measurable impact on herd productivity or expansion; however, a measurable change in the age structure of bucks is anticipated as a result of harvest pressure on a previously unhunted population.
The proposed amendment to §65.42 also would implement a 16-day, buck-only general season and a 30-day buck-only archery season for mule deer in Sherman and Hansford counties. Under current rule, there is no open season for mule deer in Sherman or Hansford counties. Each county has low-density populations of mule deer in pockets of suitable habitat. The literature suggests that the implementation of a buck-only season will not have any measurable impact on herd productivity or expansion; however, a measurable change in the age structure of bucks is anticipated as a result of harvest pressure on a previously unhunted population. The nature of mule deer populations in the Panhandle allows the department to provide those counties a 30-day archery-only season in addition to the 16-day general season. The proposed amendment would, therefore, implement an archery season in Hansford and Sherman counties during which harvest is restricted to buck deer. The hunter success rate for archers is statistically insignificant and the biological impacts of that harvest are negligible when harvest is restricted to buck deer. Implementation of the proposal is expected to result in increased hunter opportunity with no measurable effect on reproduction or distribution of mule deer populations.
The proposed amendment to §65.60, concerning Pheasant, would start the pheasant season in the Panhandle one week later than the current opening date and extend the total length of the season by seven days. Under current rule, pheasant season in the Panhandle opens on the first Saturday in December and runs for 30 consecutive days. In Dallam, Hartley, Moore, Oldham, Potter, and Sherman counties, the deer season runs from the Saturday before Thanksgiving for 16 consecutive days, meaning that in those counties the deer and pheasant seasons overlap. The proposed amendment would start the pheasant season the second Saturday in December and run it for 37 consecutive days. The proposed amendment is necessary to allow for independent enforcement of open seasons and to create additional opportunity. The proposed amendment has no biological implications and, therefore, will not result in depletion or waste.
The proposed amendment to §65.62, concerning Quail: Open Season, Bag, and Possession Limits, would extend the quail season to run concurrently with the period of validity for Level 2 and 3 Managed Lands Deer Permits (MLDP). Under current rule, the quail season runs from Saturday closest to October 28 through the last Sunday in February, while the period of validity for Level 2 and 3 MLDPs extends to the last day in February. In one out of every seven years, the last Sunday in February will also be the last day in February; in the remaining years, the last Sunday in February will fall before the last day in February. The proposed amendment would extend the quail season through the last day in February, which in 2009 will be a Saturday. The proposed amendment is necessary to eliminate hunter confusion, create additional opportunity, and simplify regulations. The proposed amendment has no biological implications and, therefore, will not result in depletion or waste.
The proposed amendment to §65.72, concerning Fish, consists of several components.
The proposed amendment would restrict anglers to a maximum of two lines/poles on community fishing lakes (CFLs) that are not within state parks. CFLs are public impoundments of 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. Under current rule, means and methods on CFLs are restricted to pole-and-line angling only. Because of their proximity to population centers and easy access, CFLs are quite popular. CFLs are important because they are good places to introduce people to the angling experience, particularly youth and families. The department has received complaints that some persons are monopolizing bank space on CFLs by utilizing large numbers of taking devices. Therefore, the proposed amendment would restrict the number of devices that a person could employ while fishing on a CFL. The proposed amendment would exempt lakes on state parks because per-person angling effort on state park lakes is well dispersed and user conflicts have not been documented. The proposed amendment is necessary to ensure equitable distribution of angling opportunity and prevent user conflicts.
The current harvest regulations for largemouth bass on Lake Nacogdoches consist of a 14 - 21 inch slot limit and a five-fish daily bag limit, and anglers are allowed to retain one bass of 21 inches or greater in length per day. The proposed amendment to §65.72 would implement a 16-inch maximum length limit, and anglers would be allowed to temporarily retain live fish 24 inches or larger in a livewell for purposes of weighing for possible inclusion in the department's ShareLunker program; however, oversized fish would have to be released if not accepted by the department. The proposed amendment is necessary because the department has determined that Lake Nacogdoches is capable of producing trophy-quality largemouth bass. Lake Nacogdoches currently supports a high-quality largemouth bass fishery with potential for development. It has demonstrated trophy largemouth bass potential, having produced four fish heavier than 13 pounds. A 14 - 21 inch slot limit was implemented in 1988 to provide increased numbers of quality-sized bass. Spring quarter creel surveys from 2001 and 2005 indicated high directed fishing effort and catch rates for largemouth bass. During the 2001 survey, anglers expressed concern that catch rates of trophy largemouth bass had declined. Additionally, 52% of anglers indicated that they would potentially harvest a largemouth bass larger than 21 inches and 5% of anglers indicated that they would always harvest a fish larger than 21 inches. Largemouth bass growth is adequate, with fish reaching 14 inches in 2.6 years, and electrofishing catch rates and recruitment are high. Therefore, increasing the minimum length limit and implementing catch-and-release only rules will allow the population of larger fish to increase.
Current regulations on Lakes Raven and Purtis Creek restrict angling to catch-and-release only, but provide for temporary retention of live largemouth bass 21 inches or longer in length for weighing at department-operated weigh stations. The proposed amendment would increase the length limit for temporary retention to 24 inches, allow for the weighing of fish by means of personal scales, and eliminate the requirement for weighing at a department-operated weigh station. As on Lake Nacogdoches, oversized fish would have to be released if not accepted by the department's ShareLunker program. The rule is necessary to explore the possibility of creating a trophy largemouth bass fishery and to address problems associated with the unavailability of weigh stations for public use at all times.
There are currently no daily bag or minimum length limits for common carp on Lady Bird Lake (formerly Town Lake, in Travis County). The proposed amendment to §65.72 would implement a daily bag limit of one common carp 33 inches or larger per day with an unrestricted harvest of common carp less than 33 inches. Lady Bird Lake is a 468-acre impoundment located on the Colorado River adjacent to downtown Austin. Recently, the reservoir has received national and worldwide notoriety for producing documented catches of numerous large common carp. During a carp tournament in 2006, one angler landed a new state rod-and-reel record for common carp, weighing 43.13 pounds. Carp-angling groups organize catch-and-release tournaments and have advocated for protecting the trophy carp population in Lady Bird Lake from harvest. The proposed length limit is based on the Gabelhouse equation that sets trophy length at approximately 75% of world-record length. The proposed amendment is necessary to explore the possibility of establishing Lady Bird Lake as a premier fishery for common carp.
Current regulations for spotted bass on Lake Texoma establish a 14-inch minimum length limit. The proposed amendment would eliminate the minimum length and implement the statewide length limit (no length limit for spotted bass on Lake Texoma). The 14-inch minimum length limit for spotted bass on Lake Texoma is the only exception to the statewide spotted bass limit and was implemented to create uniform regulations on both the Texas and Oklahoma sides of Lake Texoma. The Oklahoma Department of Wildlife Resources (ODWR) is proposing to remove both the length and bag limits for spotted bass in all Oklahoma waters, except Lake Texoma. ODWR has agreed to retain the five-fish bag limit for Lake Texoma in order to remain consistent with the bag limit in Texas.
Current regulations for red drum on Lake Nasworthy allow for unrestricted bag and possession limits. Red drum were stocked on the lake prior to 2002 because the power plant on the lake provided warm water discharges sufficient to sustain populations through cold weather. In 2002, the power plant began operating on an as-needed basis, resulting in a partial red drum kill during the winter of 2002-2003. The department has determined that a viable population of red drum no longer exists in Lake Nasworthy, making the exception to the statewide standards superfluous.
Current harvest regulations for red drum on Lake Colorado City consist of a 20-inch minimum length limit and no daily bag limit. The department has discontinued the stocking of red drum on Lake Colorado City because of the presence of and continued threat of fish kills due to golden alga. A viable population of red drum no longer exists in Lake Colorado City; therefore, the exception to the statewide standard is no longer necessary.
Current regulations allow the harvest of catfish by means of lawful archery equipment until August 31, 2008. The proposed amendment to §65.72 would extend the applicability of that provision for three years, expiring August 31, 2011. The proposed amendment is necessary to allow the department to continue to evaluate the impact of the regulation on catfish populations.
Another portion of the proposed amendment to §65.72 would establish a total annual catch (TAC) for menhaden of 31,500,000 pounds per year. Under current rules, a boat may not take or assist in taking menhaden in tidal waters unless the appropriate menhaden license has been obtained. The menhaden season opens on the third Monday in April and runs through the first day in November. There are no daily bag limits or trip limits, but menhaden may not be taken within one-half mile of the shore or one mile of a jetty or pass. The proposed amendment would keep the current rules but, in addition, would close the fishery once the TAC has been reached. The TAC of 31,500,000 pounds is the five-year average catch from 2002 through 2006.
Public Benefit and Cost: The primary benefits of the proposed rule are: (1) protection of the menhaden population; and (2) protection of bycatch species. Menhaden is a primary component of the gulf estuarine marine ecosystem. When considering predator-prey relationships, it is a key forage species for many other species in the gulf. Menhaden eggs and larvae are food for various filter-feeding and larval fishes and invertebrates including but not limited to themselves, other clupeids, chaetognaths, coelenterates, mollusks, and ctenophores. Fishes known to eat menhaden include: the mackerels, bluefish, sharks, white and spotted seatrout, blue runner, ladyfish, longnose and alligator gars, and red drum. Piscivorous birds that have been found to consume menhaden include: brown pelicans, osprey, common loons, and terns. Marine mammals have also been reported as predators of menhaden. (Gulf States Marine Fisheries Commission Regional Management Plan #99, 2002). The proposed rule would allow continued commercial harvest of menhaden, but would prevent significant expansion of this industry in Texas waters.
In addition, the bycatch (the non-target species caught in menhaden nets and usually killed) from this fishery is also part of the ecosystem; thus, the impacts of menhaden harvest on other fisheries and the aquatic ecosystem must also be considered. The department estimates that at current harvest levels the total bycatch in Texas waters from the commercial menhaden industry is approximately 415,000 organisms per year. The top five bycatch species by number are Atlantic croaker (25%), striped mullet (17%), gafftopsail catfish (12%), silver seatrout (10%), and Spanish mackerel (9%) (in rank order of the catches with the approximate percent by number in parenthesis). Additionally, there are other key recreational species such as red drum and sharks. The approximate number of red drum and sharks mortalities associated with the current menhaden harvest is 1,600 and 31,000, respectively. The red drum fishery in the federal waters of the Gulf of Mexico remains completely closed to any directed commercial or recreation fishing to ensure the stocks will recover from being overfished. Similarly, sharks have undergone greater protection since bycatch studies were performed and further regulatory action for some species is being contemplated (Federal Register - July 27, 2007). Limits for recreational fishermen have been significantly curtailed and quota restrictions have been implemented to protect shark species. The proposed rule would prevent expansion of bycatch from this industry beyond current levels.
The probable economic cost to persons required to comply with the rule would be loss of revenue from potential catch in excess of the TAC. In the period from 2002 to 2006, the catch exceeded the proposed TAC by 30 million pounds in 2002 and 1.3 million pounds in 2005. In the other three years in that period, the actual catch was less than the TAC. Assuming that the next five years are comparable to the 2002-2006 period, the cost to persons required to comply with the rule can be estimated as the loss of revenue from 31.3 million pounds of menhaden for the entire five-year period.
The agency has determined that this rule will not have any impact on local economies. The agency expects that approximately the same number of Texas vessels and employees will continue to be involved in the fishery if the proposed TAC is adopted, since the TAC is proposed to be set at the historical average catch over the last five years. The number of licenses issued remained fairly steady from 2002 to 2006 despite variation in the actual catch. No processing facilities for menhaden are currently located in Texas (no menhaden fish plant licenses were issued from 2002 to 2006 under Texas Parks and Wildlife Code, §47.016).
Although the agency has determined that Texas Government Code, §2001.0225, does not apply to the proposed amendment, the agency nonetheless provides the following regulatory analysis: The primary benefits of the proposed rule are: (1) protection of the menhaden population; and (2) protection of bycatch species. Menhaden is a primary component of the gulf estuarine marine ecosystem. When considering predator-prey relationships, it is a key forage species for many other species in the gulf. Menhaden eggs and larvae are food for various filter-feeding and larval fishes and invertebrates including but not limited to themselves, other clupeids, chaetognaths, coelenterates, mollusks, and ctenophores. Fishes known to eat menhaden include: the mackerels, bluefish, sharks, white and spotted seatrout, blue runner, ladyfish, longnose and alligator gars, and red drum. Piscivorous birds that have been found to consume menhaden include: brown pelicans, osprey, common loons, and terns. Marine mammals have also been reported as predators of menhaden. (GSMFC Regional Management Plan #99, 2002). The proposed rule would allow continued commercial harvest of menhaden, but would prevent significant expansion of this industry in Texas waters.
In addition, the bycatch from this fishery is also part of the ecosystem; thus, the impacts of menhaden harvest on other fisheries and the aquatic ecosystem must also be considered. The department estimates that at current harvest levels the total bycatch in Texas waters from the commercial menhaden industry is approximately 415,000 organisms per year. The top five bycatch species by number are Atlantic croaker (25%), stripped mullet (17%), gafftopsail catfish (12%), silver seatrout (10%), and Spanish mackerel (9%) (in rank order of the catches with the approximate percent by number in parenthesis). Additionally there are other key recreational species such as red drum and sharks. The approximate number of red drum and sharks mortalities associated with the current menhaden harvest is 1,600 and 31,000, respectively. The red drum fishery in the federal waters of the Gulf of Mexico remains completely closed to any directed commercial or recreation fishing to ensure the stocks will recover from being overfished. Similarly, sharks have undergone greater protection since bycatch studies were performed and further regulatory action for some species is being contemplated (Federal Register - July 27, 2007). Limits for recreational fishermen have been significantly curtailed and quota restrictions have been implemented to protect shark species. The proposed rule would prevent expansion of bycatch from this industry beyond current levels.
The probable economic cost to persons required to comply with the rule would be loss of revenue from potential catch in excess of the TAC. In the period from 2002 to 2006, the catch exceeded the proposed TAC by 30 million pounds in 2002 and 1.3 million pounds in 2005. In the other three years in that period, the actual catch was less than the TAC. Assuming that the next five years are comparable to the 2002-2006 period, the cost to persons required to comply with the rule can be estimated as the loss of revenue from 31.3 million pounds of menhaden over a five-year period.
Other regulatory alternatives the agency considered were: (1) leaving the rule unchanged, and (2) a limited-entry program comparable to that authorized in Texas Parks and Wildlife Code, Chapter 47, for other commercial finfish fisheries. The agency chose not to leave the rule unchanged, because this alternative would allow unlimited expansion of the fishery in Texas and the consequent effects on both menhaden and bycatch. The agency did not propose a limited-entry program because Chapter 47 appears to exclude the menhaden industry from the group of fisheries for which a limited entry program is authorized. Accordingly, establishment of a limited-entry program would require legislative action. The alternative chosen, establishment of a TAC, is a performance-based approach which does not specify a single method of compliance. The data and information used to do this analysis was landings data from previous years, information from the Gulf States Marine Fisheries Commission Management Plan, stock assessments, and consideration of the fishing and reporting practices currently used in the fishery. This rule proposal is also an opportunity for public comment on this draft impact analysis, and all comments will be addressed in the publication of the final regulatory analysis.
Mr. 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 economic costs to persons required to comply with the rules as proposed, except as specifically discussed elsewhere in this preamble.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic affect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and, therefore, do not directly affect small businesses or micro-businesses. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required. The reasoning for that finding, on a section-by-section basis, is as follows.
The proposed amendment to §56.9 would have the effect of making regulatory language consistent with statutory language, which is nonsubstantive in nature and, therefore, will not result in an adverse economic effect on small businesses or microbusinesses.
The proposed amendment to §56.10 would alter the documentation that individual hunters are required to possess for the purpose of proving the gender of harvested deer. Because the direct effect of the proposed rule is to simplify regulatory documentation requirements and affects only individual hunters, it will not result in an adverse economic effect on small businesses or microbusinesses.
The proposed amendment to §65.11 would eliminate a requirement affecting archery equipment. The direct effect of the proposed amendment would be the elimination of an equipment restriction. The proposed amendment would not directly regulate any business and would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or require the purchase or modification of equipment or services by small businesses or microbusinesses.
The proposed amendment to §65.42 would open seasons for mule deer in three counties where currently there is no open season and would implement the season countywide in one county where the season is currently limited to a portion of the county. The department has determined that the proposed amendment does not directly regulate small or micro-businesses and would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
The proposed amendment to §65.60, concerning Pheasant, would start the pheasant season in the Panhandle one week later than the current opening day and extend the total length of the season by seven days. The department has determined that small or micro-businesses will not be affected by the proposed rule because the proposed rule would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
The proposed amendment to §65.62, concerning Quail: Open Season, Bag, and Possession Limits, would extend the quail season to run concurrently with the period of validity for Level 2 and 3 Managed Lands Deer Permits. The department has determined that small or micro-businesses will not be affected by the proposed rule; and the proposed rule would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
One portion of the proposed amendment to §65.72, concerning Fish, would restrict anglers to a maximum of two lines/poles on community fishing lakes (CFLs). The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects gear restrictions for individual recreational anglers and would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Another portion of the proposed amendment to §65.72 would implement a 16-inch maximum length limit for largemouth bass on Lake Nacogdoches. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects recreational limits for anglers and does not directly regulate any type of business. The proposed amendment would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Another portion of the proposed amendment to §65.72 would increase the length limit for largemouth bass on Lakes Purtis Creek and Raven and eliminate the requirement for weighing at a department-operated weigh station. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects recreational limits for anglers, eliminates a provision requires anglers to travel to a specific location to weigh fish, and does not directly regulate any type of business. The proposed amendment would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Another portion of the proposed amendment to §65.72 would implement a daily bag limit of one common carp 33 inches or larger per day with an unrestricted harvest of common carp less than 33 inches on Lady Bird Lake. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects recreational limits for anglers and does not directly regulate any type of business. The proposed amendment would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Another portion of the proposed amendment to §65.72 would eliminate the minimum length for spotted bass on Lake Texoma. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects recreational limits for anglers and does not directly regulate any type of business. The proposed amendment would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Another portion of the proposed amendment to §65.72 would eliminate the exceptions to statewide regulations for red drum on Lakes Nasworthy and Colorado City. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects recreational limits for anglers and does not directly regulate any type of business. The proposed amendment would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Current regulations allow the harvest of catfish by means of lawful archery equipment until August 31, 2008. The proposed amendment would extend the applicability of that provision for three years in order to allow the department to continue to evaluate the impact of the regulation on catfish populations. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses, because the rule affects gear restrictions for recreational anglers and does not directly regulate any type of business. The proposed amendment would not impose recordkeeping or reporting requirements; impose taxes or fees; affect sales, profits, or market competition; or necessitate the purchase or modification of equipment or services by small businesses or micro-businesses.
Another portion of the proposed amendment to §65.72 would establish a total allowable catch for menhaden. The department has determined that there will be no direct adverse economic impacts to small or micro-businesses. The only business affected by the proposed rule does not meet the statutory description of a small or micro-business because it employs more than 100 people and exceeds $6 million in annual gross receipts.
The department has not drafted a local employment impact statement under the Administrative Procedure 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.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to 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); or David Sinclair (Law Enforcement 389-4854; e-mail: david.sinclair@tpwd.state.tx.us); Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or 1-800-792-1112.
Division 1. GENERAL PROVISIONS
The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed; and Chapter 67, which authorizes the commission by regulation to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.
The proposed amendments affect Parks and Wildlife Code, Chapters 61 and 67.
§65.9.Open Seasons; General Rules.
(a)
Except as provided under Parks and Wildlife
Code, §62.001, no person may hunt a wild animal or bird when
the person is on a public road or right-of-way.
[
There
is no open season on game animals or game birds on public roads and
highways or in the right-of-way of public roads and highways.
]
(b) No antlerless deer permit is required to take an antlerless deer during the archery-only open season, except on lands for which Managed Lands Deer permits have been issued.
(c) The hunting of roosting turkey is unlawful.
§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) A person who lawfully takes a deer is exempt from the tagging requirements of Parks and Wildlife Code, §42.018 if the deer is taken:
(1) under the provisions of §65.26 of this title (relating to Managed Lands Deer Permits (MLDP)--White-tailed Deer);
(2) under the provisions of §65.34 of this title (relating to Managed Lands Deer Permits (MLDP)--Mule Deer);
(3) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));
(4) under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);
(5) by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation);
(6) on department-leased lands under the provisions
of Parks and Wildlife Code,
§11.0271
[
§11.0272
];
(7) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program; or
(8) under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits).
(c) A person who kills a bird or animal under circumstances that require the bird or animal to be tagged with a tag from the person's hunting license shall immediately attach a properly executed tag to the bird or animal.
(d) 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.
(e) No additional proof of sex is required for a deer that is lawfully tagged in accordance with:
(1) the provisions of §65.26 of this title;
(2) the provisions of §65.34 of this title;
(3) the provisions of §65.28 of this title;
(4) the provisions of §65.32 of this title;
(5) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or
(6) under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits).
(f)
[
(e)
] 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) the name of person who killed the wildlife resource;
(B) the date the wildlife resource was killed;
(C) one of the following, as applicable:
(i) whether the deer was antlered or antlerless;
(ii) the sex of the antelope;
(iii) the sex of the turkey and whether a beard was attached; or
(iv) the sex of the pheasant; or
(2) if the deer is to be tested by the department for chronic wasting disease, obtain a department-issued receipt (PWD 905).
(g)
[
(f)
] 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. A wildlife resource may
be possessed without a WRD by the person who took the wildlife resource,
provided the person is in compliance with all other applicable provisions
of this subchapter and the Parks and Wildlife Code.
(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).
(4) A taxidermist who accepts a deer or turkey shall retain the wildlife resource document or tag accompanying each deer or turkey for a period of two years following the return of the resource to the owner or the sale of the resource under the provisions of Parks and Wildlife Code, §62.023.
(h)
[
(g)
] It is a defense to
prosecution if the person receiving the wildlife resource does not
exceed any possession limit or possesses 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.
(i)
[
(h)
] 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 prior to July 11, 2004.
§65.11.Lawful Means.
It is unlawful to hunt any of the wildlife resources of this state except by the means authorized by this section and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).
(1) Firearms.
(A) It is lawful to hunt alligators, game animals, and game birds with any legal firearm, including muzzleloading weapons, except as specifically restricted in this section.
(B) Special muzzleloader-only deer seasons are restricted to muzzleloading firearms only.
(C) It is unlawful to use rimfire ammunition to hunt alligator, deer, antelope, or desert bighorn sheep.
(D) It is unlawful to hunt alligators, game animals or game birds with a fully automatic firearm or any firearm equipped with a silencer or sound-suppressing device.
(E) In Angelina, Brazoria, Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity, Tyler and Victoria counties, alligators may not be hunted by means of firearms. In all other counties, alligators may by hunted by means of firearms on private property, including private waters, but may not be hunted by means of firearms from, on, in, across, or over public water.
(F) Alligators lawfully caught on a taking device may be dispatched by means of firearms in all counties.
(2) Archery.
(A) A person may hunt by means of lawful archery equipment during any open season; however, no person shall hunt deer by lawful archery equipment or crossbow during a special muzzleloader-only deer season.
(B) Arrows that are treated with poisons or drugs, or that contain explosives are not lawful devices for hunting any species of wildlife resource in this state.
(C) While hunting turkey and all game animals other
than squirrels by means of longbow, compound bow, or recurved bow[
:
]
[
(i)
the bow must have
a minimum peak draw weight of 40 pounds at the time of hunting; and]
[
(ii)
] the arrow must be equipped with
a broadhead hunting point at least 7/8-inch in width upon impact,
with a minimum of two cutting edges. A mechanical broadhead must begin
to open upon impact and when open must be a minimum of 7/8-inch in
width.
(D) It is unlawful to hunt deer or turkey with a broadhead hunting point while in possession of a firearm during an archery-only season.
(E) Special archery-only seasons are restricted to lawful archery equipment only, except as provided in paragraph (3) of this section.
(3) Crossbow. Crossbows are lawful during any general open season. A person having an upper-limb disability may use a crossbow to hunt deer and turkey during an archery-only season, provided the person has in their immediate possession a physician's statement certifying the extent of the disability. When hunting turkey and all game animals other than squirrels by means of crossbow:
(A) the crossbow must have a minimum of 125 pounds of pull;
(B) the crossbow must have a mechanical safety;
(C) the crossbow stock must be not less than 25 inches in length; and
(D) the bolt must conform with paragraphs (2)(B) and (2)(C)(ii) of this section.
(4) Falconry. It is lawful to hunt any game bird or game animal by means of falconry under the provisions of Subchapter K of this chapter (relating to Raptor Proclamation).
(5) Alligator.
(A) Legal devices for taking alligators in the wild are as follows:
(i) hook and line (line set);
(ii) alligator gig;
(iii) lawful archery equipment and barbed arrow;
(iv) hand-held snare with integral locking mechanism; and
(v) lawful firearms, in counties where take by firearm is allowed.
(B) A line of at least 300-pound test shall be securely attached to all taking devices other than firearms used to hunt alligators. Except as provided in this subsection, hook-bearing lines must be attached to a stationary object capable of maintaining a portion of the line above water when an alligator is caught on the line. A line attached to an arrow, snare, or gig must have a float attached when used to take alligators. The float shall be no less than six inches by six inches by eight inches, or, if the float is spherical, no less than eight inches in diameter.
(C) Line-set provisions.
(i) Hook-bearing lines may not be set prior to the general open season and shall be removed no later than sunset of the last day of the open season.
(ii) From sunset to one-half hour before sunrise:
(I) no person shall use any taking device other than line sets to hunt alligators; and
(II) no person shall set any baited line capable of taking an alligator and no person shall remove alligators from line sets.
(iii) On a property for which the department has issued hide tags, no person shall set more than one line per unused hide tag in possession.
(iv) On a property that is not in a county listed in paragraph (1)(E) of this section and for which the department has not issued hide tags, no person shall set more than one line.
(v) Line sets shall be inspected daily, and alligators shall be killed, tagged or documented, and removed immediately upon discovery.
(vi) All line sets on properties for which hide tags have been issued shall be secured at one end on the tract of land specified for the hide tags. All other line sets shall be secured at one end on private property.
(vii) Each baited line shall be labeled with a plainly visible, permanent, and legibly marked gear tag that contains:
(I) the full name and current address of the person who set the line;
(II) the hunting license number of the person who set the line; and
(III) a valid hide tag number, if the line is set on a property for which hide tags have been issued.
(6) Use of laser sighting devices.
(A) A person who is legally blind may use a laser sighting device to hunt game animals and game birds during lawful hunting hours in open seasons, provided the person is assisted by a person who:
(i) is not legally blind;
(ii) has a hunting license; and
(iii) is at least 13 years of age.
(B) A person who uses a laser sighting device must have in possession a signed statement from a physician or optometrist to the effect that the person is legally blind by the standard of Government Code, §62.104, and must present the statement to any peace officer or department employee acting within the scope of official duties.
(C) All provisions concerning hunter education requirements apply.
(7) Special Provisions.
(A) Desert bighorn sheep. Except as provided in this paragraph, no motorized conveyance of any type shall be used to herd or harass desert bighorn sheep.
(B) Hunting by remote control. It is an offense for any person to hunt a wildlife resource by the means listed in this section if that person is not physically present and personally operating the means of take at the location where the hunting occurs during the time that the hunting occurs.
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 8, 2008.
TRD-200800787
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed; and Chapter 67, which authorizes the commission by regulation to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.
The proposed amendments affect Parks and Wildlife Code, Chapters 61 and 67.
§65.42.Deer.
(a) No person may exceed the applicable county bag limit or the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck), except as provided by:
(1) §65.26 of this title (relating to Managed Lands Deer Permits (MLDP)--White-tailed Deer);
(2) §65.34 of this title (relating to Managed Lands Deer Permits (MLDP)--Mule Deer);
(3) §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits);
(4) §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));
(5) an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);
(6) special permits under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation); or
(7) special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.
(b) White-tailed deer. The open seasons and annual bag limits for white-tailed deer shall be as follows.
(1) 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 MLDP antlerless 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 MLDP antlerless permits have been issued for the tract of land.
(3) In Brewster, Culberson, Jeff Davis, Pecos, Presidio, Reeves, Terrell, and Upton 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 MLDP antlerless permits have been issued for the tract of land.
(4) 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 MLDP antlerless, LAMPS, or USFS antlerless permits have been issued for the tract of land. On USFS, Corps of Engineers, Sabine River Authority, and Trinity River Authority lands, the take of antlerless deer shall be by permit only. If USFS antlerless, MLDP antlerless, 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 USFS antlerless, MLDP antlerless, 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.
(5) In Bell (west of IH 35), Bosque, Comanche, Coryell, Eastland, Erath, Hamilton, Lampasas, Somervell, and Williamson (west of IH 35) counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck deer having:
(i) at least one unbranched antler; or
(ii) an inside spread of 13 inches or greater. The inside spread requirement does not apply to any buck that has an unbranched antler.
(C) Buck bag limit: two bucks, to include no more than one buck with an inside spread of 13 inches or greater.
(D) Antlerless bag limit: two.
(E) No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.
(6) In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Jackson (south if 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.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck deer having:
(i) at least one unbranched antler; or
(ii) an inside spread of 13 inches or greater. The inside spread requirement does not apply to any buck that has an unbranched antler.
(C) Buck bag limit: two bucks, to include no more than one buck with an inside spread of 13 inches or greater.
(D) Antlerless bag limit: two.
(E) From opening day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLDP antlerless permits have been issued for the tract of land. If MLDP 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 MLDP antlerless permit.
(7) In Cass, Harrison, Marion, Nacogdoches, Panola, Sabine, San Augustine, and Shelby, counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck deer having:
(i) at least one unbranched antler; or
(ii) an inside spread of 13 inches or greater. The inside spread requirement does not apply to any buck that has an unbranched antler.
(C) Buck bag limit: two bucks, to include no more than one buck with an inside spread of 13 inches or greater.
(D) Antlerless bag limit: two.
(E) During the first 16 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLDP, LAMPS, or USFS antlerless permits have been issued for the tract of land. On USFS, Corps of Engineers, and Sabine River Authority lands, the take of antlerless deer shall be by permit only. If USFS antlerless, MLDP antlerless, or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 16 days of the general season, antlerless deer may be taken only by USFS antlerless, MLDP antlerless, or LAMPS permits.
(8) In Bowie, Camp, Cherokee, Delta, Fannin, Franklin, Gregg, Hopkins, Houston, Lamar, Morris, Red River, Rusk, Titus, Upshur, and Wood counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck deer having:
(i) at least one unbranched antler; or
(ii) an inside spread of 13 inches or greater. The inside spread requirement does not apply to any buck that has an unbranched antler.
(C) Buck bag limit: two bucks, to include no more than one buck with an inside spread of 13 inches or greater.
(D) Antlerless bag limit: two.
(E) From Thanksgiving Day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLDP antlerless or LAMPS permits have been issued for the tract of land. On USFS, Corps of Engineers, and Sabine River Authority lands, the take of antlerless deer shall be by permit only. If USFS antlerless, MLDP antlerless, 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 USFS antlerless, MLDP antlerless, or LAMPS permits.
(9) In Austin, Bastrop, Bell (east of IH 35), Burleson, Caldwell, Colorado, Comal (east of IH 35), De Witt, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, Lavaca, Lee, Leon, Rains, Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), Williamson (east of IH 35), and Wilson counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) The provisions of this clause do not apply on properties for which Level 2 or Level 3 MLDPs have been issued. In the counties listed in this paragraph, a legal buck is a buck deer having:
(i) at least one unbranched antler; or
(ii) an inside spread of 13 inches or greater. The inside spread requirement does not apply to any buck that has an unbranched antler.
(C) Buck bag limit: two bucks, to include no more than one buck with an inside spread of 13 inches or greater.
(D) Antlerless bag limit: two, by MLDP antlerless or LAMPS permit only.
(10) In Archer, Armstrong, Baylor, Borden, Briscoe, Callahan, Carson, Childress, Clay, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Haskell, Hemphill, Hood, Hutchinson, Jack, Jones, Kent, King, Knox, Lipscomb, McLennan, Montague, Motley, Ochiltree, Palo Pinto, Parker, Randall, Roberts, Scurry, Shackelford, Stephens, Stonewall, Swisher, Taylor, Throckmorton, Wheeler, Wise, and Young counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) Bag limit: three deer, no more than one buck and no more than two antlerless.
(C) No permit is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.
(11) In Cooke, Hardeman, Hill, Johnson, Wichita, and Wilbarger counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) Bag limit: three deer, no more than one buck and no more than two antlerless.
(C) From opening day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLDP antlerless permits have been issued for the tract of land. If MLDP 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 MLDP antlerless permit.
(12) In Denton and Tarrant counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) Bag limit: three deer, no more than one buck and no more than two antlerless.
(C) During the first 16 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLDP, LAMPS, or USFS antlerless permits have been issued for the tract of land. On USFS, Corps of Engineers, and Sabine River Authority lands, the take of antlerless deer shall be by permit only. If USFS antlerless, MLDP antlerless, or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 16 days of the general season, antlerless deer may be taken only by USFS antlerless, MLDP antlerless, or LAMPS permits.
(13) In Brazos, Grayson, Grimes, Madison, and Robertson counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) Bag limit: three deer, no more than one buck and no more than two antlerless.
(C) From Thanksgiving Day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLDP antlerless or LAMPS permits have been issued for the tract of land. On USFS, Corps of Engineers, and Sabine River Authority lands, the take of antlerless deer shall be by permit only. If USFS antlerless, MLDP antlerless, 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 USFS antlerless, MLDP antlerless, or LAMPS permits, except on the Hagerman National Wildlife Refuge.
(D) Special regulation. In Grayson County, lawful means are restricted to lawful archery equipment and crossbows only, including MLDP properties.
(14) In Anderson, Crane, Ector, Ellis, Falls, Freestone, Henderson, Hunt, Kaufman, Limestone, Loving, Midland, Milam, Navarro, Smith, Van Zandt, and Ward counties, there is a general open season.
(A) Open season: first Saturday in November through the first Sunday in January.
(B) Bag limit: one buck, no more than two antlerless. Antlerless deer may be taken only by MLDP antlerless or LAMPS permits.
(15) In Dallam, Hartley, Moore, Oldham, Potter, and Sherman counties, there is a general open season.
(A) Open season: Saturday before Thanksgiving for 16 consecutive days.
(B) Bag limit: one buck, no more than two antlerless. Antlerless deer may be taken only by MLDP antlerless permit.
(16) 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.
(17) 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 35 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 MLDP permits have been issued for the property.
(18) 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 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, Tyler, and Walker counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.
(i) Open Season: from the first Saturday following the closing of the general open season for nine consecutive days.
(ii) Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two spike bucks and no more than two antlerless.
(C) No permit is required to hunt antlerless deer unless MLDP permits have been issued for the property.
(19) Special Youth-Only Seasons. 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.
(B) late open season: the third weekend (Saturday and Sunday) in January.
(C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraphs (1) - (14) of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in subparagraph (D) of this paragraph.
(D) Provisions for the take of antlerless deer in the individual counties listed in paragraph (10) 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.
(E) Licensed hunters 16 years of age or younger may hunt deer by any lawful means during the seasons established by subparagraphs (A) and (B) of this paragraph, except in Grayson County, where legal means are restricted to crossbow and lawful archery equipment.
(F) A licensed hunter 16 years of age or younger may hunt any deer on any property (including MLDP properties) during the seasons established by subparagraphs (A) and (B) of this paragraph.
(G) The stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I, does 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, Hansford, Hardeman, Hartley, Hemphill, Hutchinson, Kent, King, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Sherman, 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,
Gaines,
Hockley, Lamb,
Martin,
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 by permit only.
(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, Hansford, Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Sherman, 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 35 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 35 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.
§65.60.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:
from the second
[
First
]
Saturday
in
[
of
] December for
37
[
30
] consecutive days.
(2) Daily Bag limit: Three cock pheasants.
(3) Possession limit: Six cock pheasants.
(b) In Chambers, Jefferson, and Liberty, counties, there is an open season for pheasants.
(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: Open 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
day
[
Sunday
] in February.
(b) Daily bag limit: 15 quail.
(c) Possession limit: 45 quail.
(d) There is no open season on Mearns' quail (commonly called fool's 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 8, 2008.
TRD-200800788
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775
The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed; and Chapter 67, which authorizes the commission by regulation to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.
The proposed amendment affects Parks and Wildlife Code, Chapters 61 and 67.
§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) The bag and possession limits of this subchapter do not apply to the possession or landing of fish lawfully raised under an offshore aquaculture permit issued under Chapter 57, Subchapter C of this title (relating to Introduction of Fish, Shellfish, and Aquatic Plants).
(4) 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, except for processed catfish heads used as crab-trap bait by a licensed crab fisherman, provided the catfish is obtained from an aquaculture facility permitted to operate in the United States. A person who uses catfish as bait under this subparagraph shall, upon the request of a department employee acting within the scope of official duties, furnish appropriate authenticating documentation, such as a bill of sale or receipt, to prove that the catfish was obtained from a legal source.
(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 any vessel to harass 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.
(5) Finfish tags: Prohibited Acts.
(A) No person may purchase or use more finfish (red drum) 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.
(6) 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. No person may land red snapper in Texas for commercial purposes unless that person is in compliance with the provisions of this clause.
(I) Requirement for Individual Fishing Quota (IFQ) vessel endorsement and allocation. No person aboard any vessel shall sell, barter, trade, or exchange red snapper; land or attempt to land red snapper for the purpose of sale, barter, trade, or exchange; or possess red snapper for the purpose of sale, barter, trade, or exchange unless the person possesses a valid federal permit for the harvest of Gulf of Mexico Reef Fish and a valid federal red snapper Individual Fishing Quota (IFQ) vessel endorsement.
(-a-) No person shall harvest or land red snapper for the purpose of sale, barter, trade, or exchange, without holding or being assigned federal IFQ allocation at least equal to the pounds of red snapper landed/docked at a shore side location.
(-b-) At-sea or dockside transfer of red snapper from one vessel to another vessel for the purpose of sale, barter, trade, or exchange, is prohibited.
(-c-) Except as provided in this subparagraph, no person shall purchase, sell, exchange, barter, or attempt to purchase, sell, exchange, or barter any red snapper in excess of any possession limit for which federal commercial license, permit, and appropriate allocation were issued.
(-d-) On the last fishing trip of the year, a vessel may exceed by 10% the remaining IFQ allocation.
(II) Offloading and transfer. During the hours from 6:00 p.m. until 6:00 a.m. (local time), no person shall offload from a vessel or receive from a vessel red snapper harvested for the purpose of sale, barter, trade, or exchange. No person who is in charge of a commercial red snapper fishing vessel shall offload red snapper from the vessel prior to three hours after proper notification is made to National Oceanographic and Atmospheric Administration (NOAA) Fisheries.
(III) Recreational limits. Persons aboard a vessel for which permits indicate both charter vessel/headboat for Gulf reef fish and commercial Gulf reef fish may retain reef fish under the recreational take and possession limits specified in subsection (b) of this section, provided the vessel is operating as a validly licensed charter vessel or headboat with prepaid recreational charter fishermen aboard the vessel.
(IV) VMS requirement. No person shall harvest red snapper for the purpose of sale, barter, trade or exchange, from a vessel unless that vessel is equipped with a fully operational and federally approved Vessel Monitoring System (VMS) device. Approved devices are those devices approved by NOAA Fisheries and operating under the requirements mandated by NOAA Fisheries.
(V) Requirement for IFQ dealer endorsement. In addition to the requirement for a federal dealer permit for Gulf reef fish, a dealer must have a federal Gulf red snapper IFQ dealer endorsement in order to receive Gulf red snapper from a commercial fishing vessel. A person aboard a vessel with a federal Gulf red snapper IFQ vessel endorsement must also have a federal Gulf red snapper IFQ dealer endorsement to sell to anyone other than a permitted dealer.
(VI) Requirement for transaction approval code. The owner or operator of a vessel landing red snapper for the purpose of sale, barter, trade, or exchange is responsible for calling National Marine Fisheries Service (NMFS) Office of Law Enforcement at least 3 hours, but no more than 12 hours, in advance of landing to report the time and location of landing and the name of the IFQ dealer where the red snapper are to be received. Failure to comply with this advance notice of landing requirement will preclude authorization to complete the required NMFS landing transaction report and, thus, will preclude issuance of the required NMFS-issued transaction approval code. Possession of red snapper for the purpose of sale, barter, trade, or exchange, from the time of transfer from a vessel through possession by a dealer is prohibited unless the red snapper are accompanied by a transaction approval code verifying a legal transaction of the amount of red snapper in possession.
(VII) Wholesale dealers. Wholesale dealers are required to comply with the provisions of Parks and Wildlife Code, §66.019, when acquiring, purchasing, possessing, and selling red snapper. Wholesale dealers shall maintain approval codes issued by NOAA Fisheries associated with all transactions of red snapper on purchases and sales on records.
(VIII) Recreational limit. All persons aboard a vessel for which no commercial vessel permit for Gulf reef fish has been issued by the National Marine Fisheries Service under the Federal Fishery Management Plan for the Gulf of Mexico Reef Fish resources are limited to the recreational bag limit specified in subsection (b) of this section for red snapper, and such fish may not be bartered or sold.
(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.
(7) Menhaden. The commercial season for menhaden (Brevoortia patronus) is open beginning on the third Monday in April and will continue until whichever of the following first occurs:
(A) the first day in November; or
(B) the total catch for the season has reached 31,500,000 pounds.
(8)
[
(7)
] In Brewster, Crane,
Crockett, Culberson, Ector, El Paso, Jeff Davis, Hudspeth, Kinney,
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) For flounder, the possession limit is the daily bag limit.
(C) Except as provided in subparagraph (D) of this paragraph, the statewide daily bag and length limits shall be as follows.
Figure: 31 TAC §65.72(b)(2)(C) (No change.)
(D) Exceptions to statewide daily bag, possession, and length limits shall be as follows:
(i) Freshwater species.
Figure: 31 TAC §65.72(b)(2)(D)(i)
(ii) Saltwater species.
Figure: 31 TAC §65.72(b)(2)(D)(ii) (No change.)
(iii) Bag and possession limits for black drum and sheepshead do not apply to the holder of a valid Commercial Finfish Fisherman's License.
(iv) Fish caught in federal waters in compliance with a federal fishery management plan may be landed in Texas.
(v) 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) Game and non-game fish may be taken by pole and line only in:
(A) community fishing lakes ; however, on community fishing lakes that are not within or part of a state park, no person may employ more than two devices (i.e., poles or lines) at the same time ;
(B) sections of rivers lying totally within the boundaries of state parks;
(C) Lake Pflugerville (Travis County);
(D) the North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam; and
(E) the South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.
(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, channel
catfish, blue catfish, and flathead catfish may be taken with lawful
archery equipment or crossbow. After August 31,
2011
[
2008
], only nongame fish may be taken by means of lawful archery or crossbow.
(G) Minnow trap (fresh water and salt water).
(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) It is unlawful to fish a perch trap that:
(I) exceeds 18 cubic feet in volume;
(II) is not equipped with a degradable panel. A trap shall be considered to have a degradable panel if one of the following methods is used in construction of the trap:
(-a-) the trap lid tie-down strap is secured to the trap by a loop of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390). The trap lid must be secured so that when the twine degrades, the lid will no longer be securely closed; or
(-b-) the trap lid tie-down strap is secured to the trap by a loop of untreated steel wire with a diameter of no larger than 20 gauge. The trap lid must be secured so that when the wire degrades, the lid will no longer be securely closed; or
(-c-) the trap contains at least one sidewall, not including the bottom panel, with a rectangular opening no smaller than 3 inches by 6 inches. Any obstruction placed in this opening may not be secured in any manner except:
(-1-) it may be laced, sewn, or otherwise obstructed by a single length of untreated jute twine (comparable to Lehigh brand # 530) or sisal twine (comparable to Lehigh brand # 390) knotted only at each end and not tied or looped more than once around a single mesh bar. When the twine degrades, the opening in the sidewall of the trap will no longer be obstructed; or
(-2-) it may be laced, sewn, or otherwise obstructed by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the wire degrades, the opening in the sidewall of the trap will no longer be obstructed; or
(-3-) the obstruction may be loosely hinged at the bottom of the opening by no more than two untreated steel hog rings and secured at the top of the obstruction in no more than one place by a single length of untreated jute twine (comparable to Lehigh brand # 530), sisal twine (comparable to Lehigh brand # 390), or by a single length of untreated steel wire with a diameter of no larger than 20 gauge. When the twine or wire degrades, the obstruction will hinge downward and the opening in the sidewall of the trap will no longer be obstructed.
(III) that is not marked with a 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 1:00 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 8, 2008.
TRD-200800789
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 23, 2008
For further information, please call: (512) 389-4775