31 TAC §§65.314, 65.315, 65.319
The Texas Parks and Wildlife Department adopts amendments
to §§65.314, 65.315, and 65.319, concerning the Early Season
Migratory Game Bird Proclamation without changes to the proposed text
as published in the April 24, 2009, issue of the
Texas Register (34 TexReg 2595) and will not be republished.
The amendment to §65.314, concerning Zones and Boundaries
for Early Season Species, alters the boundary of the Special White-Winged
Dove Area (SWWDA) by removing portions of Jim Hogg and Starr counties.
The area removed from the SWWDA is characterized by low-quality white-winged
dove habitat and the department believes that under the standard South
Zone season dates there will be increased opportunity for dove hunting.
Although the SWWDA is part of the South Zone, the season within the
SWWDA ends four days earlier than the rest of the South Zone because
of the four-day special white-winged season the first two weekends
of September.
The amendment to §65.315, concerning Open Seasons and Bag
and Possession Limits--Early Season, implements a statewide 70-day
season with a 15-bird bag limit and allows for a Friday opening day
in the South Zone.
Texas is divided into three dove zones (North, Central, and South).
Historically the United States Fish and Wildlife Service (Service)
has offered Texas the option of a 70-day season with a 12-bird bag
limit or a 60-day season with a 15-bird bag limit in each zone, to
begin no earlier than September 1 in the North and Central zones and
no earlier than September 20 in the South Zone. The Service is implementing
the Adaptive Harvest Management (AHM) model for dove management. AHM
was originally developed for waterfowl populations, and is a systematic
process for dealing objectively with inherent uncertainties in measuring,
evaluating, and predicting the additive effect of such variables as
environmental variation, harvest strategies and success, and the limited
ability to detect total population impacts from year to year. One
of the conclusions made by waterfowl managers was that regulatory
alternatives within each flyway should be limited and specific. In
response, the Service has authorized the implementation of a single
season length and a single bag limit in Texas, with the department
retaining the ability to allocate those days within the frameworks
established by the Service (September 1 and January 25 in the north
and central zones, and between the Saturday closest to September 17
and January 25 in the South Zone).
The amendment to §65.315 also adjusts the season dates for
early-season species of migratory game birds to account for calendar
shift (i.e., to ensure that seasons open on the desired day of the
week, since dates from a previous year do not fall on the same days
in following years). The amendment retains the basic season structure
from previous years, except that the North Zone, which has historically
had a continuous 60-day season, will have a 70-day season split into
two segments, which will make the North Zone season structure identical
to the season structure in the Central Zone. Although the department
has the authority to adjust the lengths of the fall and winter segments
in each zone (within the current federal frameworks), the department
believes that it is prudent this year to establish season structures
that are consistent with those in previous years, because many landowners,
outfitters, and hunters have already scheduled hunts and the department
does not wish to disrupt those plans. However, the department intends
to conduct extensive outreach and survey efforts over the coming year
to determine hunter, landowner, and outfitter preferences for future
segment length determinations.
In the South Zone, the Service has historically allowed no dove
hunting prior to September 20 (except for four days of half-day hunting
in the SWWDA). This has resulted in the cyclical occurrence of opening
day on days other than Friday or Saturday, which hunter and landowner
surveys have shown are the preferred choices for opening days in the
South Zone. The department has received approval from the Service
to open the South Zone annually on the Friday nearest September 20,
but no earlier than the 17th, which will allow the department to open
the dove season every year on the Friday closest to September 20.
Hunter, landowner, and outfitter preferences for future opening days
will also be addressed by the department's survey efforts over the
summer.
The amendment to §65.315 also implements a 16-day statewide
teal season to run from September 12 - 27, 2009. By federal law, the
number of days in the September teal season count against the 107
days of total hunting opportunity allowed for ducks, coots, and mergansers.
The amendment to §65.319, concerning Extended Falconry Season--Early
Season Species, adjusts season dates for the take of early-season
species of migratory game birds by means of falconry to reflect calendar
shift.
The proposed amendments are generally necessary to implement commission
policy to provide the greatest hunter opportunity possible, consistent
with hunter and landowner preference for starting dates and segment
lengths, under frameworks issued by the Service.
The amendment to §65.314 will function by redefining the boundary
of the Special White-Winged Dove Area.
The amendment to §65.315 will function by establishing the
seasons and bag limits for the hunting of early-season species of
migratory game birds.
The amendment to §65.319 will function by establishing the
season length and bag limits for the take of early-season species
of migratory game birds by means of falconry.
The department received five comments opposing adoption of the
amendment to §65.314, concerning Zones and Boundaries for Early
Season Species. One of the commenters offered a specific reason or
rationale for opposing adoption. The commenter stated that the department
should not micromanage. The department disagrees with the comment
and responds that the amendment as adopted is intended to provide
additional opportunity to hunters and landowners. No changes were
made as a result of the comment.
The department received 91 comments supporting adoption of the
proposed amendment to §65.314, concerning Zones and Boundaries
for Early Season Species.
The department received nine comments opposing adoption of the
portion of the proposed amendment to §65.315 that establishes
season dates and bag limits for the North Dove Zone. Of the nine comments,
three articulated a specific reason or rationale for opposition. Those
comments, accompanied by the department's response to each, follow.
One commenter opposed adoption and stated that the season would
disrupt deer hunters. The department disagrees with the comment and
responds that deer and dove seasons have overlapped for many years
and that hunters prefer to have the opportunity to hunt both species
during November, December, and January. The department also notes
that there are many other species that can be hunted during dove season
in addition to deer. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the 12-bird daily
bag limit is sufficient. The department disagrees with the comment
and responds that commission policy historically has been to adopt
the most liberal seasons and bag limits possible under the federal
frameworks, consistent with the tenets of sound biological management,
and that hunter preference strongly favors higher bag limits where
possible. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season in the
North Zone should start the Saturday before Labor Day. The department
disagrees with the comment and responds that hunter and landowner
preference has traditionally favored opening the season in the North
Zone on the earliest possible date allowed under federal frameworks,
regardless of which day of the week it falls upon. No changes were
made as a result of the comment.
The department received 147 comments supporting adoption of the
portion of the proposed amendment to §65.315 that establishes
season dates and bag limits for the North Dove Zone.
The department received 10 comments opposing adoption of the portion
of the proposed amendment to §65.315 that established season
dates and bag limits for the Central Dove Zone. Of the 10 comments,
four articulated a specific reason or rationale for opposition. Those
comments, accompanied by the department's response to each, follow.
One commenter opposed adoption and stated that the season would
disrupt deer hunters. The department disagrees with the comment and
responds that deer and dove seasons have overlapped for many years
and that hunters prefer to have the opportunity to hunt both species
during November, December, and January. The department also notes
that there are many other species that can be hunted during dove season
in addition to deer. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should
begin on a Saturday. The department disagrees with the comment and
responds that hunter and landowner preference has traditionally favored
opening the season in the Central Zone on the earliest possible date
allowed under federal frameworks, regardless of which day of the week
it falls upon. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the 12-bird daily
bag limit is sufficient. The department disagrees with the comment
and responds that commission policy historically been to adopt the
most liberal seasons and bag limits possible under the federal frameworks,
consistent with the tenets of sound biological management, and that
hunter preference strongly favors higher bag limits where possible.
No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season in the
Central Zone should start the Saturday before Labor Day. The department
disagrees with the comment and responds that hunter and landowner
preference has traditionally favored opening the season in the Central
Zone on the earliest possible date allowed under federal frameworks,
regardless of which day of the week it falls upon. No changes were
made as a result of the comment.
The department received 135 comments supporting adoption of the
portion of the proposed amendment to §65.315 that established
season dates and bag limits for the Central Dove Zone.
The department received eight comments opposing adoption of the
portion of the proposed amendment to §65.315 that established
season dates and bag limits for the South Dove Zone. Of the eight
comments, three articulated a specific reason or rationale for opposition.
Those comments, accompanied by the department's response to each,
follow.
One commenter opposed adoption and stated that the season should
begin on a Saturday. The department agrees that opening day opportunity
in the South Zone should include a Saturday and Sunday, which is consistent
with landowner and hunter preference. The rule as adopted opens the
South Zone on a Friday; thus there will be hunting opportunity on
Saturday. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the 12-bird daily
bag limit is sufficient. The department disagrees with the comment
and responds that commission policy historically been to adopt the
most liberal seasons and bag limits possible under the federal frameworks,
consistent with the tenets of sound biological management, and that
hunter preference strongly favors higher bag limits where possible.
No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season should
open later in September because the only good dove hunting in late
October and November. The department disagrees with the comment and
responds that hunter and landowner preference has traditionally favored
opening the season in the South Zone weekend closest to September
20, which is the earliest day that hunting is allowed in the South
Zone under the federal frameworks. No changes were made as a result
of the comment.
The department received 128 comments supporting adoption of the
portion of the proposed amendment to §65.315 that established
season dates and bag limits for the South Dove Zone.
The department received two comments opposing adoption of the portion
of the proposed amendment to §65.315 concerning season dates
and bag limits in the Special White-Winged Dove Area (SWWDA). One
commenter articulated a specific reason or rationale for opposition.
The commenter stated that the special season should be eliminated
because there is little white-wing presence in La Salle County during
the special white-wing season. The department disagrees with the comment
and responds that elimination of a season should be based on data
and surveys, rather than anecdotal information. However, the department
will continue to monitor dove populations throughout the state. No
changes were made as a result of the comment.
The department received 55 comments supporting adoption of the
portion of the proposed amendment to §65.315 concerning season
dates and bag limits in the Special White-Winged Dove Area (SWWDA).
The department received eight comments opposing adoption of the
portion of proposed §65.315 concerning the special September-only
teal season. Of the eight comments, three articulated a specific reason
or rationale for opposition. Those comments, accompanied by the department's
response to each, follow.
One commenter opposed adoption and stated that the bag limit should
be six teal. The department disagrees with the comment and responds
that the teal bag limit as adopted is the maximum allowed under the
federal frameworks. No changes were made as a result of the comment.
One commenter opposed adoption and stated that additional opportunity
should be added on the back end of the proposed season, rather than
the front end. The department disagrees with the comment, if the commenter
is suggesting a teal season that runs to September 30 (by federal
law the early teal-only season cannot extend beyond September 30)
and responds that although hunter preference strongly favors a season
running as late into September as possible, hunters also strongly
prefer as much weekend opportunity as possible, which is reflected
in the rule as adopted. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the special September-only
teal season should be eliminated. The department disagrees with the
comment and responds that there is no biological reason to eliminate
the early September-only teal season. No changes were made as a result
of the comment.
The department received 100 comments supporting adoption of the
portion of proposed §65.315 concerning the special September-only
teal season.
The department received one comment opposing adoption of the portion
of the proposed amendment to §65.315 that established seasons
and bag limits for rail, gallinule, woodcock, and snipe. The commenter
stated that the Wilson's snipe season needs to start somewhat earlier
and run with dove season in the South Zone. The department disagrees
with the comment and responds that hunter preference is for a snipe
season that coincides with migration and rainfall patterns, and the
opportunity to hunt other species concurrently. Therefore, the rule
as adopted implements a snipe season that occurs when marshes and
wetlands are likely to be holding the most birds during the peak of
the migration, which also offers additional hunting for ducks. No
changes were made as a result of the comment.
The department received 61 comments supporting adoption of the
portion of the proposed amendment to §65.315 that established
seasons and bag limits for rail, gallinule, woodcock, and snipe.
The department received one comment opposing adoption of the proposed
amendment to §65.319, concerning extended falconry seasons. The
commenter stated that "it should be tried and if not sustainable,
eliminated." The department agrees with the comment. The department
is continuing to monitor populations and will make adjustments in
the future, if deemed necessary to ensure sustainable populations.
No changes were made as a result of the comment. The department received
29 comments supporting adoption of the proposed amendment.
No groups or associations commented in favor of or against adoption
of the proposed rules.
The amendments are adopted under Parks and Wildlife Code,
Chapter 64, which authorizes the Commission and the Executive Director
to provide the open season and means, methods, and devices for the
hunting and possessing of migratory game birds.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on July 2, 2009.
TRD-200902741
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: July 22, 2009
Proposal publication date: April 24, 2009
For further information, please call: (512) 389-4775