Commission Agenda Item No. 4
Presenter: Justin Dreibelbis
Action
Public Lands Proclamation
Recommended Adoption of Proposed Changes
May 27, 2021
I. Executive Summary: With this item, the staff seeks adoption of proposed amendments to the Public Lands Proclamation. The proposed amendments would:
- make changes to the definition of “loaded firearm;”
- standardize the minimum age limit for participation in youth hunts on public lands during the federal youth waterfowl season; and
- rename the subchapter the “Public Hunting Proclamation.”
II. Discussion: Under Texas Parks and Wildlife Code, Chapter 81, Subchapter E, the Texas Parks and Wildlife Commission (Commission) is authorized to promulgate rules governing access to and use of public hunting lands and specific hunting, fishing, recreational, or other use of wildlife management areas. Parks and Wildlife Code, Chapter 12, Subchapter A, provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the Texas Parks and Wildlife Department “if the Commission determines that multiple use is the best utilization of the land’s resources.” Additionally, Chapter 81, Subchapter E, provides the Commission with the authority to establish open seasons, and authorizes the Executive Director to determine bag limits, means and methods, and conditions for the taking of wildlife resources on wildlife management areas and public hunting lands, which includes units of the State Park System designated as public hunting lands.
At the Commission Work Session meeting on March 24, 2021, the staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the April 23, 2021 issue of the Texas Register (46 TexReg 2700). A summary of public comment on the proposed rules will be presented at the time of the hearing.
III. Recommendation: The staff recommends that the Commission adopt the proposed motion:
“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §65.191 and §65.202, concerning the Public Lands Proclamation, with changes as necessary to the proposed text as published in the April 23, 2021 issue of the Texas Register (46 TexReg 2700).”
Attachment – 1
Commission Agenda Item No. 4
Exhibit A
PUBLIC LANDS PROCLAMATION
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes amendments to 31 TAC §65.191 and §65.202, concerning the Public Lands Proclamation. The proposed amendment would alter the title of the subchapter, changing it to “Public Hunting Proclamation” to more accurately reflect the subject material addressed by the subchapter. The proposed amendment to §65.191, concerning Definitions, would alter the definition of “loaded firearm” to include modern firearms that are loaded through the muzzle but utilize a propellant cartridge rather than the traditional methods employing priming charges or loose powder, and to include an additional type of traditional muzzleloader.
The proposed amendment to §65.202, concerning the Public Lands Proclamation, would eliminate a provision regarding the minimum age for participation in youth-only waterfowl hunting during the federal youth waterfowl season. Current rules define a youth as any person less than 17 years of age; however, federal youth-only waterfowl season rules have until recently limited participation in the federal youth-only season to persons 15 years of age and younger. Recent federal action allows individual states to establish any minimum age for participation, provided it is less than 18. Removing the current provision will allow the department to have a uniform standard for participation in public hunting opportunities for youth. Finally, the proposed amendments would alter the title of the subchapter, changing it to “Public Hunting Proclamation” to more accurately reflect the subject material addressed by the subchapter.
2. Fiscal Note.
Justin Dreibelbis, Director of the Private Lands and Public Hunting Program, 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 administering or enforcing the proposed amendments.
3. Public Benefit/Cost Note.
Mr. Dreibelbis also has determined that for each of the first five years that the rules as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be clear regulations governing public hunting activities.
(B) There will be no adverse economic effect on persons required to comply with the rules as proposed.
(C) 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 effect on small businesses, micro-businesses, or rural communities. 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 such entities. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” 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 rules will not directly affect small businesses, micro-businesses, or rural communities. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.
(D) 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.
(E) 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.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) will not create a new regulation;
(6) will not expand, limit, or repeal an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposed rules may be submitted to Justin Dreibelbis, e-mail: justin.dreibelbis@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendments are proposed under the authority of Parks and Wildlife Code, §81.006, which prohibits the take, attempted take, or possession of any wildlife or fish from a wildlife management area except in the manner and during the times permitted by the department under Chapter 81, Subchapter E, and under 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, authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands, and authorizes the commission to adopt rules governing recreational activities in wildlife management areas.
The proposed amendments affect Parks and Wildlife Code, Chapter 81.
6. Text.
§65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).
(1) – (24) (No change.)
(25) Loaded firearm — A firearm containing:
(A) a live round of ammunition within the chamber and/or the magazine; or
(B) a round in the muzzle and a propellant charge or propellant cartridge in the breech; or
(C)[, or] if the firearm is a muzzleloader,[muzzleloading, one which has] a cap on the nipple, [or] a priming charge in the pan, or a primer charge in the primer well.
(26) – (49) (No change.)
§65.202. Youth Hunting on Public Hunting Lands.
(a) – (b) (No change.)
[(c) Youth participating in a youth waterfowl hunt during the federal youth waterfowl hunting season must be 15 years of age or younger.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on