Part II.
Texas Parks and Wildlife Department
Chapter 65.
Wildlife
Subchapter A. Statewide Hunting and Fishing Proclamation
The Texas Parks and Wildlife proposes amendments to §§65.11,
65.26, 65.28, 65.42, 65.46, 65.64, and 65.72, concerning the Statewide Hunting
and Fishing Proclamation.
The amendment to §65.11, concerning Lawful Means, modifies the provisions
of paragraph (1)(B) to reflect the fact that muzzleloader-only seasons now
apply to spike-bucks as well as antlerless deer, and prohibits, with exceptions,
the use during archery-only season of devices enabling archery equipment to
be kept at full or partial draw. The amendment to §65.26, concerning
Managed Lands Deer Permits, adds provisions for the use of bonus tags in conjunction
with MLD permits and specifies that the provisions of muzzleloader-only seasons
do not apply on properties qualifying for an extended season and enhanced
bag limit. The amendment to §65.28, concerning Landowner Assisted Management
Permit System, adds provisions for the use of bonus tags in conjunction with
LAMPS permits. The amendment to §65.42, concerning Deer: increases the
statewide bag limit for white-tailed deer for persons who purchase a bonus
tag; specifies the conditions for use of the bonus tag; eliminates 'doe days'
in Archer, Baylor, Clay, Montague, and Wise counties; expands the number of
'doe days' in the counties listed in paragraph (4)(C); alters the opening
date of the season in Austin, Blanco, Colorado, Fayette, Gillespie, Llano,
Lavaca, and Mason counties; creates a restricted general season in Grayson
County; and institutes special regulations for the take of buck deer in Austin,
Colorado, Fayette, Lavaca, and Washington counties. The amendment to §65.46,
concerning Squirrel, creates a youth-only open season in certain counties.
The amendment to §65.64, concerning Turkey, opens new seasons for Eastern
turkey in six additional counties. The amendment to §65.72, concerning
Fish: establishes a prohibition on the underwater use of hand-operated devices
to take fish; modifies the statewide walleye regulations to allow two walleye
of less than 16 inches in the daily bag limit; reduces the minimum length
for largemouth bass from 16 to 14 inches on Lakes Brownwood, Champion Creek,
and Coleman; removes the 14-18 inch length limit on Lakes Striker, Tyler State
Park, and Weatherford, which places these lakes under the statewide 14-inch
minimum length and 5-fish daily bag limit; imposes a 12-inch minimum length
limit for blue catfish and a 25-fish daily bag limit for blue and channel
catfish on Fort Phantom Hill and E.V. Spence Reservoirs; creates a 14-21 inch
slot limit for largemouth bass on Lake Murvaul while allowing one fish per
day over 21 inches to be retained; changes the minimum allowable length limit
for temporarily weighing and retaining largemouth bass on Purtis Creek State
Park Lake and all water bodies within the boundaries of Purtis Creek State
Park, Gibbons Creek Reservoir and all waters within Texas Municipal Power
Agency property, and Lake Raven to 21 inches; restricts baitfish use in Brewster,
Crane, Crockett, Culberson, Ector, El Paso, Jeff Davis, Hudspeth, Loving,
Pecos, Presidio, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties
to common carp, fathead minnows, gizzard and threadfin shad, sunfish (Lepomis),
goldfish, and golden shiners; and conforms regulations for king mackerel and
red snapper with proposed regulations for federal waters.
Robert Macdonald, Wildlife Division regulations coordinator, has determined
that for each of the first five years that the proposed rules are in effect,
there will be no additional fiscal implications to state or local governments
as a result of enforcing or administering the proposed rules.
Mr. Macdonald also has determined that for each of the first five years
the amendments as proposed are in effect, the public benefit anticipated as
a result of enforcing 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 effect on small businesses. There are no additional economic
costs to persons required to comply with the rules as proposed.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, §2001.022, as this agency
has determined that the rules as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted to Robert Macdonald (Wildlife
(512) 389-4775), Ken Kurzawski (Inland Fisheries 389-4591), Paul Hammerschmidt
(Coastal Fisheries 389-4650), David Sinclair (Wildlife Enforcement 389-4854),
or Dennis Johnston (Fisheries Enforcement 389-4628), Texas Parks and Wildlife
Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or
1-800-792-1112.
1.
General Provisions
31 TAC §§65.11, 65.26, 65.28
The amendments are proposed under the authority of Parks and
Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation
Act of 1983), and Chapter 67, which provide the Commission with authority
to establish wildlife resource regulations for this state; and under 42.0177,
which authorizes the commission to modify or eliminate the tagging requirements
of Parks and Wildlife Code, Chapter 42.
The amendments affect Parks and Wildlife Code, Chapter 61.
§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)
(No change.)
(B)
Special muzzleloader-only [
(C)-(D)
(No change.)
(2)
Archery.
(A)-(D)
(No change.)
(E)
Special archery-only seasons are restricted to lawful archery
equipment only, except as provided in paragraph (3) of this section.
It is unlawful for any person to hunt deer or turkey during an archery-only
season by means of a bow equipped with any device that allows the bow to locked
at full or partial draw, except for persons who have in their immediate possession
a physician's statement certifying that the person has an upper-limb disability.
(3)-(5)
(No change.)
§65.26.Managed Lands Deer (MLD) Permits.
(a)-(c)
(No change.)
(d)
Except for deer taken under an Antlerless and Spike-Buck
Control Permit, all deer harvested on a property where MLD permits have been
issued must immediately be tagged with the appropriate MLD permit as specified
in the WMP and [
(e)
On all tracts of land for which both MLD buck permits and
MLD antlerless permits have been issued for the harvest of white-tailed deer,
and on properties for which the WMP specifies a harvest quota of zero for
either sex:
(1)
(No change.)
(2)
the provisions of §65.42(b)(7) of this title
(relating to Archery-Only Open Season)
, §65.42(b)(8) of this title
(relating to Muzzleloader-Only Open Season),
and the stamp requirements
of Parks and Wildlife Code, Chapter 43, Subchapter I, do not apply; and
(3)
(No change.)
(f)-(g)
(No change.)
§65.28.Landowner Assisted Management Permit System (LAMPS).
(a)-(c)
(No change.)
(d)
All deer
killed
[
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 22, 1999.
TRD-9901089
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 389-4775
31 TAC §§65.42, 65.46, 65.64
The amendments are proposed under Parks and Wildlife Code,
Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of
1983), which provides the Commission with authority to establish wildlife
resource regulations for this state.
The amendments affect Parks and Wildlife Code, Chapter 61.
§65.42.Deer.
(a)
Except as provided in §65.27 of this title (relating
to Antlerless and Spike-Buck Deer Control Permits)
or paragraph (11)
of this subsection
, no person may exceed the annual bag limit of five
white-tailed deer (no more than three bucks) and two mule deer (no more than
one buck).
(b)
White-tailed deer. The open seasons and annual bag limits
for white-tailed deer shall be as follows.
(1)
In Bandera, Bexar, [
(A)-(B)
(No change.)
(2)
In Blanco, Gillespie, Llano,
and Mason counties, there is a general open season.
(A)
Open season: the Saturday closest to November
15 through the first Sunday in January.
(B)
Bag limit: four deer, no more than two bucks.
(3)
[
(A)
Open season: second Saturday in November through the third
Sunday in January.
(B)
Bag limit: four 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 third Sunday in January.
(ii)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two of which may be spike bucks.
(4)
[
(A)
Open season: Second 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.
(5)
[
(A)
In
Archer, Baylor,
Bell (west of Interstate
35), Bosque, Callahan,
Clay,
Comanche, Coryell, Eastland, Erath,
Grayson (Hagerman National Wildlife Refuge only), Hamilton, Hood, Jack, Lampasas,
McLennan,
Montague,
Palo Pinto, Parker, Shackelford, Somervell,
Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35),
Wise,
and Young counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Special regulation: in Grayson County,
lawful means are restricted to lawful archery equipment and crossbows only.
(B)
In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59),
Harris, Jackson (south of 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.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first 23 days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. If MLD permits have been issued, they must
be attached to all antlerless deer harvested on the tract of land. After the
first 23 days, antlerless deer may be taken only by MLD antlerless permits.
(C)
In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth,
Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall,
Hansford, Hardeman, Haskell, Hemphill, Hutchinson, Jones, Kent, King, Knox,
Lipscomb, Motley, Ochiltree, Randall, Roberts, Scurry, Stonewall, Swisher,
Wheeler, Wichita, and Wilbarger counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first
16
[
(D)
In [
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
During the first nine days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD permits have
been issued for the tract of land. After the first nine days, antlerless deer
may be taken only by MLD antlerless permits.
(E)
In Anderson, Bowie, Brazos, Burleson, Camp, Cass, Cherokee,
Delta, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hopkins, Houston,
Lamar, Leon, Limestone, Madison, Marion, Morris, Navarro, Red River, Robertson,
Rusk, San Jacinto, Smith, Titus, Trinity, Upshur, Van Zandt, Walker, and Wood
counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits
or LAMPS permits.
(iv)
Special Requirement: In that portion of Henderson County
bounded on the north by the county line, on the east by U.S. Highway 175 and
Tin Can Alley Road, on the south by State Highway 31, and on the west by State
Highway 274, hunting of deer is restricted to shotguns with buckshot, longbow,
compound bow, recurved bow, or crossbow. Other game animals or game birds
may be taken only with shotgun, longbow, compound bow, recurved bow, or crossbow.
(F)
In Dallam, Hartley, Moore, Oldham, Potter, and Sherman
Counties, there is a general open season.
(i)
Open season: Saturday before Thanksgiving for 16 consecutive
days.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(G)
In Nacogdoches, Panola, Sabine, San Augustine and Shelby
Counties, there is a general open season.
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
From Thanksgiving Day through the Sunday immediately
following Thanksgiving Day, antlerless deer may be taken without antlerless
deer permits unless MLD or LAMPS permits have been issued for the tract of
land. If MLD 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 MLD antlerless deer permits or LAMPS permits. On
National Forest, Corps of Engineers, Sabine River Authority and Trinity River
Authority lands, antlerless deer may be taken only by MLD antlerless permits.
(H)
In [
(i)
Open season: first Saturday in November through the first
Sunday in January.
(ii)
Bag limit: three deer, no more than one buck and no more
than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless permits.
(iv)
Special regulation: in Washington County,
the take of buck deer is limited to spike-bucks and bucks having at least
ten antler points.
(I)
In Austin, Colorado, Fayette,
and Lavaca counties, there is an open season.
(i)
Open season: the Saturday closest to November
15 through the first Sunday in January.
(ii)
Bag limit: three deer, no more than one buck
and no more than two antlerless.
(iii)
Antlerless deer may be taken only by MLD antlerless
permits.
(iv)
Special regulation: in the counties listed
in this subparagraph, the take of buck deer is limited to bucks having at
least eight antler points and spike bucks having at least one antler of at
least four inches in length.
(6)
[
(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)
During the first 23 days of the general season, antlerless
deer may be taken without antlerless deer permits unless MLD or LAMPS permits
have been issued for the tract of land. If MLD or LAMPS permits have been
issued, they must be attached to all antlerless deer harvested on the tract
of land. After the first 23 days, antlerless deer may be taken only by MLD
antlerless permits or LAMPS permits. On National Forest, Corps of Engineers,
Sabine River Authority and Trinity River Authority lands, antlerless deer
may be taken only by MLD antlerless permits.
(7)
[
(8)
[
(A)
Open season: the Saturday closest to September 30 for 30
consecutive days.
(B)
Bag limit: [
(9)
[
(A)
In Bandera, Bexar, Blanco, Brewster, Brown, Burnet, Coke,
Coleman, Comal (west of Interstate 35), Concho, Crockett, Culberson, Edwards,
Gillespie, Glasscock, Hays (west of Interstate 35), Howard, Irion, Jeff Davis,
Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, Medina
(north of U.S. Highway 90), Menard, McCulloch, Mills, Mitchell, Nolan, Pecos,
Presidio, Reagan, Real, Reeves, Runnels, San Saba, Schleicher, Sterling, Sutton,
Terrell, Tom Green, Travis (west of Interstate 35), Upton (that portion located
both south of U.S. Highway 67 and east of state highway 349), 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. Highway 90 and west of Spur 239) Counties, there
is an open season during which only antlerless and spike-buck deer may be
taken only with a muzzleloader.
(B)
Open Season: from the first Saturday following the closing
of the general open season for nine consecutive days.
(C)
Bag limit: four antlerless or spike-buck deer in the aggregate,
no more than two of which may be spike bucks.
(10)
[
(A)
open season: the Saturday and Sunday immediately preceding
the first Saturday in November.
(B)
bag limits, provisions for the take of antlerless deer,
and special requirements:
(i)
as specified for the first two days of the general season
in the individual counties in paragraphs (1)-(6) of this subsection, except
as provided in clause (ii) of this subparagraph; and
(ii)
in the counties listed in paragraph
(5)(G)
[
(C)
Only licensed hunters 16 years of age or younger may hunt
during the season established by this subsection.
(11)
Bonus tag.
(A)
A person in possession of a valid bonus deer
tag may take one buck or antlerless white-tailed deer during an open white-tailed
deer season in any county, irrespective of the county bag limit, provided
that person also possesses one of the following:
(i)
an appropriate, valid MLD permit (buck or antlerless);
(ii)
a valid LAMPS permit (antlerless only); or
(iii)
an appropriate, valid Special Permit (buck
or antlerless) issued by the department for a public hunt, in which case the
bonus tag is valid only on the wildlife management area or state park specified
by the permit and only during the date and time specified on the permit.
(B)
No person may:
(i)
purchase more than five bonus tags per license
year;
(ii)
use a bonus tag on more than one animal; or
(iii)
buy, sell, or otherwise exchange a bonus tag
for remuneration or considerations of any kind; however, a bonus tag may be
given to another person.
(C)
A person who kills a deer shall immediately
attach a properly executed bonus tag to the deer.
(c)
(No change.)
§65.46.Squirrel: Open Seasons, Bag, and Possession Limits.
(a)-(d)
(No change.)
(e)
In the counties listed in subsection (b)
of this section, there shall be a special youth-only general hunting season
during which only licensed hunters 16 years of age or younger may hunt.
(1)
open season: the Saturday and Sunday immediately
preceding October 1.
(2)
bag and possession limits: as specified
in subsection (b) of this section.
§65.64.Turkey.
(a)-(b)
(No change.)
(c)
Eastern turkey. The open seasons and bag limits for Eastern
turkey shall be as follows. In Angelina, Bowie, Cass, Cherokee, Delta,
Fannin, Grayson
, Gregg, Harrison, Hopkins, Jasper, Lamar, Marion, Nacogdoches,
Newton,
Polk,
Red River, Sabine, San Augustine,
San Jacinto,
[
(1)-(3)
(No change.)
(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 22, 1999.
TRD-9901090
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 389-4775
31 TAC §65.72
The amendment is proposed under Parks and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which
provides the Commission with authority to establish wildlife resource regulations
for this state.
The amendment affects Parks and Wildlife Code, Chapter 61.
§65.72.Fish.
(a)
General rules.
(1)-(5)
(No change.)
(6)
In Brewster, Crane, Crockett, Culberson,
Ector, El Paso, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Terrell,
Upton, Val Verde, Ward, and Winkler counties, the only fishes that may be
used for bait are common carp, fathead minnows, gizzard and threadfin shad,
sunfish (Lepomis), goldfish, and golden shiners.
(b)
Bag, possession, and length limits.
(1)
(No change.)
(2)
There are no bag, possession, or length limits on
game or non-game fish, except as provided in these rules.
(A)
(No change.)
(B)
Statewide daily bag and length limits shall be as follows:
Figure 1: 31 TAC §65.72(b)(2)(B)
(C)
Exceptions to statewide daily bag, possession, and length
limits shall be as follows:
(i)
The following is a figure:
Figure 2: 31 TAC §65.72(b)(2)(C)(i)
(ii)
(No change.)
(c)
Devices, means and methods.
(1)-(4)
(No change.)
(5)
Device Restrictions.
(A)-(H)
(No change.)
(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)
[
(J)-(R)
(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 22, 1999.
TRD-9901091
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 389-4775
31 TAC §65.192
The Texas Parks and Wildlife Department proposes an amendment
to §65.192, concerning the Public Lands Proclamation. The amendment to
§65.192 authorizes the executive director to postpone or cancel hunts
in response to severe weather and other emergencies. The amendment is necessary
to provide a mechanism for delaying or canceling hunts when circumstances
make it impractical or dangerous to hold them at their scheduled times.
Robert Macdonald, Wildlife Division regulations coordinator, has determined
that for each of the first five years that the proposed rule is in effect,
there will be no fiscal implications to state or local governments as a result
of enforcing or administering the proposed amendment.
Mr. Macdonald also has determined that for each of the first five years
the amendment as proposed is in effect, the public benefit anticipated as
a result of enforcing the rule as proposed will be increased recreational
opportunity for users of the public hunting system, and the preservation of
recreational opportunity by rescheduling postponed hunts.
There will be no effect on small businesses. There are no additional economic
costs to persons required to comply with the rule as proposed.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, §2001.022, as this 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 Herb Kothmann, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;
(512) 389-4770 or 1-800-792-1112.
The amendment is proposed under Parks and Wildlife Code, Chapter
81, Subchapter E, which provides the Parks and Wildlife Commission with authority
to establish an open season on wildlife management areas and public hunting
lands and authorizes the executive director to regulate numbers, means, methods,
and conditions for taking wildlife resources on wildlife management areas
and public hunting lands; Chapter 12, Subchapter A, which provides that a
tract of land purchased primarily for a purpose authorized by the code may
be used for any authorized function of the department if the commission determines
that multiple use is the best utilization of the land's resources; Chapter
62, Subchapter D, which provides authority, as sound biological management
practices warrant, to prescribe seasons, number, size, kind, and sex and the
means and method of taking any wildlife; and §42.0177, which authorizes
the commission to modify or eliminate the tagging requirements of Chapter
42.
The amendment affects Parks and Wildlife Code, Chapter 81, Subchapter E;
Chapter 12, Subchapter A; Chapter 62, Subchapter D; and Chapter 42.
§65.192.Powers of the Executive Director.
(a)-(e)
(No change.)
(f)
The executive director may close public hunting lands to
public use to protect sensitive sites, and may cancel hunts or close the seasons
on certain areas to avoid depletion of wildlife resources
or in response
to severe weather or other emergencies
.
(g)-(j)
(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 22, 1999.
TRD-9901087
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 389-4775
Subchapter D. Memorandum of Understanding
31 TAC §69.71
(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 Texas Parks and Wildlife Department proposes the repeal
of §69.71 and new §69.71, concerning Memorandum of Understanding
(MOU) with the Texas Department of Transportation. The new section adopts
by reference the provisions of 43 TAC §2.22, which contains the text
of an MOU required by Transportation Code, §201.607. The new rule is
necessary to implement the statutory duty of the Texas Department of Transportation
and the Texas Parks and Wildlife Department to enter into cooperative agreements
for the protection and preservation of the natural environment. The proposed
rule will function by codifying procedures providing for Texas Parks and Wildlife
Department (TPWD) review of TxDOT projects that have the potential to affect
natural resources within the jurisdiction of TPWD.
Robert Macdonald, Wildlife Division regulations coordinator, has determined
that for each of the first five years that the proposed rule is in effect,
there will be no fiscal implications to state or local governments as a result
of enforcing or administering the proposed rule.
Mr. Macdonald also has determined that for each of the first five years
the proposed rule is in effect, the public benefit anticipated as a result
of enforcing the repeal as proposed will be multi-agency cooperation in the
protection and preservation of wildlife resources and habitat in this state.
There will be no effect on small businesses. There are no economic costs
to persons required to comply with the rule as proposed.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, §2001.022, as this 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 Roy Frye, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512)
389-4579 or 1-800-792-1112.
The proposed repeal and new section are proposed under Transportation
Code, §201.607, which requires each state agency that is responsible
for the protection of the natural environment or for the preservation of historical
or archeological resources to examine and revise their memorandum of understanding
with the Texas Department of Transportation.
The repeal and new rule affect Transportation Code, §201.607.
§69.71.Review of Fish and Wildlife Impacts of Texas Department of Transportation Activities.
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 22, 1999.
TRD-9901086
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 389-4775
The proposed new section is proposed
under Transportation Code, §201.607, which requires each state agency
that is responsible for the protection of the natural environment or for the
preservation of historical or archeological resources to examine and revise
their memorandum of understanding with the Texas Department of Transportation.
The new rule affects Transportation Code, §201.607.
§69.71.Memorandum of Understanding.
The Texas Parks and Wildlife Commission adopts by reference the provisions
of 43 TAC §2.22 (relating to Memorandum of Understanding with the Texas
Parks and Wildlife Department).
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 22, 1999.
TRD-9901088
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 389-4775
Chapter 357.
Regional Water Planning Guidelines
31 TAC §357.4
The Texas Water Development Board (the board) proposes an
amendment to §357.4, concerning the Regional Water Planning Guidelines.
The amendment will allow for the Texas Department of Agriculture to add a
member in an advisory role relating to Senate Bill 1. This placement of a
Texas Department of Agriculture non-voting member will provide that agency
with appropriate input into the regional water planning process.
Ms. Patricia Todd, Director of Accounting and Finance, has determined that
for the first five-year period these sections are in effect there will be
no fiscal implications on state and local government as a result of enforcement
and administration of the sections.
Ms. Todd has also determined that for the first five years the sections
as proposed are in effect the public benefit anticipated as a result of enforcing
the sections will be to allow the Texas Department of Agriculture to provide
appropriate input into the regional water planning process. Ms. Todd has determined
there will be no economic costs to small businesses or individuals required
to comply with the sections as proposed.
Comments on the proposed amendments will be accepted for 30 days following
publication and may be submitted to Suzanne Schwartz, 512/463-7981, Texas
Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231.
The amendments are proposed under the authority granted in Texas
Water Code, §6.101, which provides the board with the authority to adopt
rules necessary to carry out its powers and duties under the Texas Water Code
and laws of Texas, and under the authority of Texas Water Code, §16.053,
which requires the board to develop rules and guidelines to govern procedures
to be followed in carrying out the responsibilities in Texas Water Code, §16.053,
which responsibilities include designation of representatives for regional
water planning areas and procedures for adoption of regional water plans by
regional water planning groups.
The statutory provisions affected by the amendments are Texas Water Code,
§16.053.
§357.4.Designation of Regional Water Planning Groups.
(a)-(f)
(No change.)
(g)
Regional water planning groups shall add the following
non-voting members of each regional water planning group:
(1)
staff member of the board to be designated by the executive
administrator;
(2)
staff member of the Texas Parks and Wildlife Department
designated by its executive director;
(3)
member designated by each adjacent regional water
planning group to serve as a liaison; [
(4)
one or more persons to represent those entities with
headquarters located in another regional water planning area and which holds
surface water rights authorizing a diversion of 1,000 acre-feet a year or
more in the regional water planning area, which supplies water under contract
in the amount of 1,000 acre-feet a year or more to entities in the regional
water planning area, or which receives water under contract in the amount
of 1,000 acre-feet a year or more from the regional water planning area
; and
[
(5)
staff member of the Texas Department
of Agriculture designated by its commissioner.
(h)
The regional water planning group, at its discretion may
add as non-voting members:
(1)
a representative designated by each state or nation that
shares water resources with the regional water planning area;
(2)
a representative designated by an entity with binational
authority, if the regional water planning area shares water resources with
another nation; and
(3)
a representative designated by state or federal agencies,
including Texas Natural Resource Conservation Commission,
and
Texas
General Land Office, [
(i)-(l)
(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 17, 1999.
TRD-9900991
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: April 8, 1999
For further information, please call: (512) 463-7981
Subchapter H. Groundwater District Loan Program
antlerless
] deer
seasons are restricted to muzzleloading firearms only.
with
]
either an
[
the
] appropriate
tag from the hunting license of the person who killed the deer
or a valid
bonus tag.
harvested
] on a
tract of land for which LAMPS permits have been issued shall be tagged with
a valid LAMPS permit, and either an
[
the
] appropriate white-tailed
deer tag from the hunting license of the person
who killed
[
taking
] the deer
or a valid bonus tag
.
2.
Open Seasons and Bag Limits-Hunting Provisions
Blanco,
] Brewster, Brown,
Burnet, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Culberson,
Edwards, [
Gillespie,
] Glasscock, Hays (west of Interstate 35),
Howard, Irion, Jeff Davis, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway
90), [
Llano, Mason,
] McCulloch, Medina (north of U.S. Highway 90),
Menard, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Real, Reeves, Runnels,
San Saba, Schleicher, Sterling, Sutton, Terrell, Tom Green, Travis (west of
Interstate 35), Upton (that southeastern portion located both south of U.S.
Highway 67 and east of State Highway 349), 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.
(2)
]In Aransas, Atascosa,
Bee, Calhoun, Cameron, Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr,
and Willacy counties, there is a general open season.
(3)
]In Brooks, Dimmit,
Duval, Frio, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90),
Kleberg, LaSalle, Maverick, McMullen, Medina (south of U.S. Highway 90), 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, Zapata, and Zavala counties,
there is a general open season.
(4)
]No person may
take or attempt to take more than one buck deer per license year from the
counties, in the aggregate, listed within this paragraph, except as
provided in subsection (a) of this section or
authorized under the provisions
of §65.26 of this title (relating to Managed Land Deer Permits).
six
] days
of the general season, antlerless deer may be taken without antlerless deer
permits unless MLD permits have been issued for the tract of land. After the
first
16
[
six
] days, antlerless deer may be taken only
by MLD antlerless permits.
Archer, Baylor, Clay,
] Cooke, Denton, Hill,
Johnson,
and
[
Montague,
] Tarrant[
, and Wise
]
counties, there is a general open season.
Austin,
] Bastrop, Bell (east of Interstate
35), Caldwell, [
Colorado,
] Comal (east of Interstate 35), Crane,
DeWitt, Ector, Ellis, Falls, Fannin, [
Fayette,
] Goliad (north of
U.S. Highway 59), Gonzales, Guadalupe, Hays (east of Interstate 35), Hunt,
Jackson (north of U.S. Highway 59), Karnes, Kaufman, [
Lavaca,
]
Lee, Loving, Midland, Milam, Rains, Travis (east of Interstate 35), Upton
(that portion located north of U.S. Highway 67; and that area located both
south of U.S. Highway 67 and west of state highway 349), Victoria (north of
U.S. Highway 59), Waller, Ward, Washington, Wharton (north of U.S. Highway
59), Williamson (east of Interstate 35), and Wilson counties, there is a general
open season.
(5)
]In Angelina,
Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange,
Polk, and Tyler counties, there is a general open season.
(6)
]In Andrews, Bailey,
Castro, Cochran, Collin, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston,
[
Grayson (except on the Hagerman National Wildlife Refuge)
], Hale,
Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Terry, Winkler,
and Yoakum counties, there is no general open season.
(7)
]Archery-only open seasons.
In all counties where there is a general open season for white-tailed deer[
, and in Grayson County
], 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).
Except for Grayson County,
] the
bag limit in any given county is as provided for that county during the general
open season. [
In Grayson County, the bag limit is three deer, no more
than one buck and no more than two antlerless.
]
(8)
]Muzzleloader-only
open seasons, and bag and possession limits shall be as follows.
(9)
]Special Youth-Only
Season. There shall be a special youth-only general hunting season in all
counties where there is a general open season.
(4)(G)
] of this subsection, as specified for the period of time
from Thanksgiving Day through the Sunday immediately following Thanksgiving
Day.
and
] Trinity
, Tyler, and Walker
counties there
is a spring season.
3.
Seasons and Bag Limits-Fishing Provisions
(ii)
] 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.
Subchapter H. Public Lands Proclamation
Chapter 69.
Resource Protection
Part X.
Texas Water Development Board
and
]
.
]
and Texas Department of Agriculture,
] or
other entities that the regional water planning groups determine important
to the planning effort.
Chapter 363.
Financial Assistance Programs