Texas Register, Volume 38, Number 24, Pages 3701-3856, June 14, 2013 Page: 3,796
3701-3856 p. ; 28 cm.View a full description of this periodical.
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MLDPs for mule deer to the last Sunday in January. The MLDP
permit program was expanded to include mule deer in 2005. Un-
like the MLDP program for white-tailed deer, which allows hunt-
ing from October until February, the mule deer MLDP permit pe-
riod of validity was established to run concurrently with the sea-
son for white-tailed deer (the first Sunday in November to the
first Sunday in January). Since its inauguration, the program
has steadily grown. The number of cooperators has increased
by nearly 350% and the acreage under management has nearly
tripled. In recent years, the department has been approached
by landowners and land managers with the idea of extending
the period of validity. The department conducted a significant
outreach effort over the past year and has determined that there
is support for an extension of the mule deer MLDP period of va-
lidity.
The amendment to 65.40, concerning Pronghorn Antelope:
Open Seasons and Bag Limits, implements an experimental
season for the take of buck pronghorn antelope in certain areas
of the state. Under Parks and Wildlife Code, 61.057, no person
may hunt an antelope without first having acquired an antelope
permit issued by the department. Under Parks and Wildlife
Code, 61.051, the department is required to conduct scien-
tific studies and investigations of game animals to determine,
among other things, supply, sex ratios, and the effects of any
factors or conditions causing increases or decreases in supply.
Under Parks and Wildlife Code, 61.052, the commission is
required to regulate the means, methods, places, and periods of
time when it is lawful to hunt or possess game animals. Under
current rule, the take of all pronghorn antelope is by permit only.
The department manages pronghorn antelope populations by
the concept of the "herd unit." A herd unit is an area containing
similar pronghorn densities (during the timeframe of popula-
tion surveys) and habitats. Some herd units are bounded by
natural or man-made barriers that prevent or inhibit immigra-
tion/emigration. Other herd units are bounded by man-made
infrastructure that facilitates a descriptive boundary but does
allow immigration/emigration. The department conducts popula-
tion surveys and collects harvest data annually to determine the
percentage of each herd unit that may be harvested each year
without causing depletion or waste. Permits are then issued to
landowners, who distribute them to hunters at their discretion.
Over the last 10-15 years, pronghorn antelope populations in
portions of the northern Panhandle have increased steadily and
continue to expand their range. As a result, permit demand
has increased and staff time accommodating that demand has
increased accordingly. The amendment would implement an
experimental season in three herd units where staff believe that
buck populations can sustain additional hunting pressure. The
current bag limit and season length would be retained; however,
no permits for buck pronghorn antelope would be issued to the
landowners. Instead, the harvest of buck pronghorn antelope
would be at the discretion of the landowner. In order to measure
the impact of the experiment and to assist law enforcement
personnel in identifying lawfully taken pronghorn antelope, the
amendment also requires hunters to obtain a permit from the
department and attach it to harvested bucks and to present each
harvested buck at a check station. The amendment is intended
to reduce the amount of time spent on permit issuance by staff,
increase hunter opportunity, and provide greater convenience
for landowners, hunters, and outfitters.
The amendment to 65.3 will function by providing definitive
meanings for words and terms used in the subchapter.New 65.30 will function by establishing the conditions under
which buck pronghorn antelope may be hunted in certain herd
units.
The amendment to 65.34 will function by lengthening the period
of validity for MLDP for mule deer.
The amendment to 65.40 will function by establishing doc-
umentation and tagging requirements for the take of buck
pronghorn antelope in specified areas of the state.
The department received two comments opposing adoption of
the amendment to 65.34, concerning Managed Lands Deer
Permits (MLDP)--Mule Deer. One commenter articulated a ra-
tionale or reason for opposing adoption. The commenter stated
that the properties in the MLDP program for mule deer were
too small and that harvest during the rut would cause overhar-
vest of bucks. The department disagrees with the comment and
responds that MLDP issuance for buck and antlerless deer on
any property is predicated on a mandatory department-approved
wildlife management plan (WMP) for the property. The WMP
takes into account the size of the property, habitat conditions,
and population indices to formulate a biologically sound harvest
quota for that property. The harvest of antlerless mule deer is
already controlled by means of a permit system; the department
issues those permits on a very conservative basis. However,
there is no limitation on the number of buck mule deer that a
landowner may allow to be harvested on non-MLDP property.
Therefore, MLDP permit issuance is actually a limitation on the
number of buck deer that can be harvested. As a result, the
department is confident that overharvest is not a concern. No
changes were made as a result of the comment.
The department received 21 comments supporting adoption of
the proposed amendment.
The department received two comments opposing the adoption
of amended 65.40, concerning Pronghorn Antelope: Open
Seasons and Bag Limits. Both commenters articulated specific
reasons or rationales for opposing adoption. Those comments,
accompanied by the department's response to each, follow.
One commenter opposed adoption and stated that allowing
landowner-controlled harvest of buck pronghorn will result in
overharvest and a decline in trophy-quality bucks. The depart-
ment disagrees with the comment and responds that harvest
within the experimental area will be closely monitored; if the de-
partment determines that depletion of the resource is occurring,
the experimental season will be eliminated. No changes were
made as a result of the comment.
One commenter opposed adoption and stated that the depart-
ment is trying to "take over" antelope populations that belong to
the landowners. The department disagrees with the comment
and responds that under Parks and Wildlife Code, 1.011, all
wild animals (including pronghorn antelope) are the property of
the people of the state. Under Parks and Wildlife Code, Chapter
61, the department is required to provide open seasons if sci-
entific investigations and findings of fact reveal that they may be
safely provided. Chapter 61 also authorizes the Texas Parks and
Wildlife Commission to establish the periods of time when it is
lawful to hunt, take, or possess pronghorn antelope; the means,
methods, and places in which it is lawful to hunt, take, or pos-
sess pronghorn antelope; the quantity, age or size, and, to the
extent possible, the sex of the pronghorn antelope to be hunted,
taken, or possessed; and the region, county, area, body of water,
or portion of a county where pronghorn antelope may be hunted,
taken, or possessed. In addition, hunting without landowner con-38 TexReg 3796 June 14, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 24, Pages 3701-3856, June 14, 2013, periodical, June 14, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313176/m1/94/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.