Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,008
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The provision prohibiting the placement of bait is a state require-
ment that was promulgated in response to the placement of bait
on, over, or near an area by a third party without the knowledge
of persons who subsequently hunt over or near the area, thus
placing the unsuspecting hunter in jeopardy of being cited for
hunting over a baited area. The rule is necessary to discourage
unscrupulous conduct. The department notes that while this par-
ticular state provision was omitted from the current rule, all fed-
eral requirements regarding baiting remain in full force and effect
and are enforceable by state wardens acting under federal com-
mission.
The proposed amendment also corrects an internal reference.
The current rule states that the provisions of subsection (a) are
subject to the control of subsection (b). In fact, the provisions of
subsection (a) are subject to the control of subsections (b) and
(c). The amendment is necessary for the sake of accuracy.
Robert Macdonald, regulations coordinator, has determined that
for the first five years that the amendment as proposed is in ef-
fect, there will be no additional fiscal implications to state or local
governments of enforcing or administering the amendment.
Mr. Macdonald also has determined that for each of the first five
years the amendment is in effect, the public benefit anticipated
as a result of enforcing the rules as proposed will be the discour-
agement of unscrupulous conduct by third parties and the es-
tablishment of state regulations that are consistent with federal
regulations, both of which reduce the potential for hunter confu-
sion and unfortunate situations.
There will be no adverse economic effect on small businesses or
microbusinesses, as the rule does not affect small businesses or
microbusinesses. There will be no additional economic costs to
persons required to comply with the rule as proposed, as the rule
does not require the purchase of any additional permit, license,
or equipment, or cause the alteration or disruption of any lawful
activity involving the hunting of migratory game birds.
The department has not filed a local impact statement with the
Texas Workforce Commission as required by Government Code,
2001.022, as the department has determined that the 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 Robert
Macdonald, 4200 Smith School Road, Austin, Texas, 78744;
(512) 389-4775 or 1-800-792-1112 (ext. 4775).
The amendment is proposed under Parks and Wildlife Code,
Chapter 64, which authorizes the Commission and the Execu-
tive Director to provide the open season and means, methods,
and devices for the hunting and possessing of migratory game
birds.
The amendment affects Parks and Wildlife Code, Chapter 64.
65.310. Means, Methods, and Special Requirements.
(a) The following means and methods are lawful, subject to
control of subsections subsectionn] (b) and (c) of this section, in the
taking of migratory game birds:
(1) dogs, artificial decoys, manual or mouth-operated bird-
calls, lawful archery equipment (except crossbows), legal shotguns,
and by means of falconry;(2) positions in the open or from a blind or other place of
concealment except a sinkbox;
(3) taking from floating craft (other than a sinkbox), pro-
vided that at the time of take:
(A) any motion by the craft is the result of manual
propulsion or natural current or wind, and not by sail or motive power;
and
(B) any sails are furled and any motor is completely shut
off;
(4) taking on or over unbaited areas;
(5) taking by the use of power boats, sailboats, or other
craft when used solely as a means of picking up dead or injured birds;
and
(6) taking by means of falconry, but the hunting is limited
to persons holding valid falconry permits issued under the authority of
Parks and Wildlife Code, Chapter 49.
(b) Paraplegics and single or double amputees of the legs may
take migratory game birds from a stationary motor vehicle or motor-
driven land conveyance.
(c) Except as specifically provided in 65.321 of this title (re-
lating to Special Management Provisions), the following means and
methods are unlawful in the taking of migratory game birds:
(1) trap, snare, net, crossbow, fish hook, poison, drug, ex-
plosive, or stupefying substance;
(2) any firearm other than a legal shotgun;
(3) from, or by means, aid, or use of a sinkbox, motor-
driven conveyance, motor vehicle, or aircraft of any kind;
(4) by the use of recorded or electrically amplified birdcalls
or sounds;
(5) by the use of live birds as decoys;
(6) by the means or aid of motor-driven land, water, or air
conveyance or sailboat used for the purpose of or resulting in the con-
centrating, driving, rallying, or stirring up of any migratory game bird;
and
(7) by the aid of baiting, or on or over any baited area,
where a person knows or reasonably should know that the area is or
has been baited. However, nothing in this paragraph prohibits:
(A) the taking of any migratory game bird, including
waterfowl, coots, and cranes, on or over the following lands or areas
that are not otherwise baited areas:
(i) standing crops or flooded standing crops (includ-
ing aquatics);
(ii) standing, flooded, or manipulated natural vege-
tation; flooded harvested croplands; or lands or areas where seeds or
grains have been scattered solely as the result of a normal agricultural
planting, harvesting, post-harvest manipulation or normal soil stabi-
lization practice;
(iii) from a blind (or any other place of concealment)
camouflaged with natural vegetation;
(iv) from a blind (or any other place of concealment)
camouflaged with vegetation from agricultural crops, as long as such
camouflaging does not result in the exposing, depositing, distributing
or scattering of grain or other feed; or30 TexReg 7008 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/35/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.