January 24-25, 2024, Commission Meeting Agenda

Work Session

Commission Agenda Items

November 1-2, 2023, Transcripts

 

Work Session

Wednesday, January 24, 2024
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road
Austin, TX 78744

Jeffery D. Hildebrand, Commission Chair
David Yoskowitz, Ph.D., Executive Director

Approval of the Previous Minutes from the Commission Work Session held November 1, 2023

    Land and Water Plan

  1. Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – David Yoskowitz, Ph.D.
    • Internal Affairs Update
    • Staff Recognition
      • Inland Fisheries Division Director – Tim Birdsong
      • Human Resources Division Manager Recognized by Southeastern Association of Fish and Wildlife Agencies (SEAFWA) as Leader in Recruiting New Talent – Cayley Birchfield
      • Texas State Parks Named Texas Travel Alliance 2023 Heritage Award Winner
    • Upcoming Solicitation for Carbon Sequestration Project Proposals
    • Land and Water Plan Fiscal Year 2024, 1st Quarter Achievements

    2. Financial

  2. Financial Overview – Reggie Pegues
  3. Internal Audit Update – Brandy Meeks

    4. Natural Resources

  4. 2024-2025 Statewide Recreational and Commercial Fishing Proclamation – Spotted Seatrout Harvest Rules – Recommended Adoption of Proposed Changes – Dakus Geeslin (Action Item No. 1)
  5. 2024-2025 Statewide Hunting and Migratory Game Bird Proclamation – Request Permission to Publish Proposed Changes in the Texas Register – Shaun Oldenburger, Blaise Korzekwa
  6. Chronic Wasting Disease Detection and Response Rules – Containment and Surveillance Zone Boundaries – Recommended Adoption of Proposed Changes – Alan Cain (Action Item No. 2)
  7. Oyster Advisory Committee – Recommended Adoption of Proposed Rule – Dr. Tiffany Hopper (Action Item No. 3)
  8. Bell and Coryell Counties Regional Habitat Conservation Plan Citizens Advisory Committee and Biological Advisory Team – Appointment of Members and Delegation of Appointment Authority to Executive Director – Jonah Evans (Action Item No. 4)
  9. Implementation of Legislation During the 88th Texas Legislative Session – Senate Bill 922 – Relating to the Establishment of a Legislative Leave Pool for Peace Officers – Recommended Adoption of Proposed Rule – Luis Sosa (Action Item No. 5)
  10. BRIEFING – Mountain Lion Update – Richard Heilbrun

    11. Land Conservation

  11. Acquisition of Land – Matagorda County – Approximately 1,750 Acres Adjacent to the Matagorda Peninsula Coastal Management Area – Stan David (Work Session and Executive Session) (Action Item No. 7)
  12. Acquisition of Land – Briscoe County – Approximately 1,100 Acres at Caprock Canyons State Park and Trailway – Trey Vick (Work Session and Executive Session) (Action Item No. 8)
  13. Partition, Exchange, and Conveyance of Land – Marion County - Approximately 90 Acres at Caddo Lake Wildlife Management Area - Request Permission to Begin the Public Notice and Input Process – Stan David (Work Session and Executive Session)
  14. Exchange of Land – Cameron County - Acquisition of Approximately 477 Acres in Exchange for Approximately 43 Acres at Boca Chica State Park – Trey Vick (Work Session and Executive Session) (Action Item No. 9)
  15. Disposition of Land – Blanco County – Approximately 0.38 Acres at Blanco State Park – Request Permission to Begin the Public Notice and Input Process – Jason Estrella (Work Session and Executive Session)

    16. Executive Session

  16. Litigation Update – James Murphy (Executive Session Only)

Work Session Item No. 1
Presenter: David Yoskowitz, Ph.D.

Work Session
Update on the Texas Parks and Wildlife Department’s Progress
in Implementing the Texas Parks and Wildlife Department Land and
Water Resources Conservation and Recreation Plan
January 24, 2024

I.      Executive Summary: Executive Director David Yoskowitz, Ph.D. will briefly update the Texas Parks and Wildlife Commission (Commission) on the status of Texas Parks and Wildlife Department’s (TPWD) efforts to implement the Land and Water Resources Conservation and Recreation Plan (plan).

II.     Discussion: In 2001, the 77th Texas Legislature directed that TPWD develop a Land and Water Resources Conservation and Recreation Plan (Texas Parks and Wildlife Code section 11.104). In 2002, the Commission adopted the first plan. A revised plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new plan, effective January 1, 2010, that included broad input from stakeholders and the general public. Minor revisions continue to be made to the plan. The 2015 version of the plan is available on the TPWD website. Every five years, TPWD is statutorily required to evaluate its progress toward achieving the plan’s goal and objectives. Dr. Yoskowitz will update the Commission on TPWD’s recent progress in achieving the plan’s goals, objectives, and deliverables.

The plan consists of the following four goals:

Work Session Item No. 2
Presenter: Reggie Pegues

Work Session
Financial Overview
January 24, 2024

I.      Executive Summary: Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD).

II.     Discussion: Staff will update the Texas Parks and Wildlife Commission on state park, boat registration and titling, and license fee revenues collected by TPWD for Fiscal Year (FY) 2023 and for year-to-date FY 2024. Staff will also summarize recent budget adjustments for FY 2024.

Work Session Item No. 3
Presenter: Brandy Meeks

Work Session
Internal Audit Update
January 24, 2024

I.      Executive Summary: Staff will update the Texas Parks and Wildlife Commission (Commission) on Internal Audit activities and projects that have taken place since the last Commission Meeting.

II.     Discussion: Staff will present an update on the Texas Parks and Wildlife Department Fiscal Year 2024 Internal Audit Plans. Staff will also provide an update on external audits and assessments.

Work Session Item No. 5
Presenters: Shaun Oldenburger
Blaise Korzekwa

Work Session
2024-2025 Statewide Hunting and Migratory Game Bird Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
January 24, 2024

I.      Executive Summary: Staff seeks permission to publish proposed amendments to the Statewide Hunting Proclamation and the Migratory Game Bird Proclamation in the Texas Register for public comment. The proposed amendments would amend regulations related to migratory game birds, upland game birds, and big game.

II.     Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking game animals and game birds is delegated to the Texas Parks and Wildlife Commission (Commission) under Texas Parks and Wildlife Code, Chapter 61 (Uniform Wildlife Regulatory Act). The potential changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable. The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.

The proposed amendments would do the following:

Migratory Game Bird Regulations

Upland Game Bird Regulations

Big Game Regulations

Attachments – 2

  1. Exhibit A – 2024-2025 Statewide Hunting Proclamation
  2. Exhibit B – 2024-2025 Migratory Game Bird Proclamation

Work Session Item No. 5
Exhibit A

2024-2025 STATEWIDE HUNTING PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes amendments to §§65.10, 65.11, 65.24, 65.29, 65.33, 65.40, 65.42, 65.46, 65.48, and 65.64, concerning the Statewide Hunting Proclamation.

        The proposed amendment to §65.10, concerning Possession of Wildlife Resources, would implement conforming changes to terminology with respect to references to pronghorn. In 2022, the department amended to §65.3, concerning Definitions, to define “pronghorn” as “pronghorn antelope (Antilocarpa americana).” Although Parks and Wildlife Code, Chapter 63, designates the “pronghorn antelope” as a game species, the animal is not in fact a true antelope. Additionally, it is less cumbersome to simply refer to the animal as a pronghorn. Therefore, the definition was changed and the rules are being modified to “pronghorn” throughout the subchapter. The proposed amendments to §65.11, 65.24, 65.33, and 65.40 would also implement the change.

        The proposed amendment to §65.29, concerning Managed Lands Deer Program (MLDP), would allow youth hunters on properties enrolled in the Harvest Option to harvest buck deer during the time period corresponding to the early youth-only hunting season established in the county regulations under §65.42. During the current early youth-only hunting season, licensed hunters 16 years old and younger are allowed to take buck deer by firearm during the weekend preceding the first Saturday in November as provided under the provisions of §65.42 for the county where the hunting takes place. On MLDP properties enrolled in the Conservation Option, MLDP permits are valid for the take of any deer by any lawful means (by any licensed hunter) from the Saturday closest to September 30 to the last day in February; however, on properties enrolled in the MLDP Harvest Option, only antlerless deer and unbranched antlered bucks can be taken by firearm between the Saturday closest to September 30 and the first Saturday in November. Therefore, during the weekend preceding the first Saturday in November, the harvest of buck deer by youth by firearm is lawful on all properties except those enrolled in the Harvest Option of the MLDP. The department has determined that because the harvest of deer on MLDP is set by the department, there is no reason for a hunting opportunity available on all other properties to be unavailable on MLDP Harvest Option properties during that same time period. The department has also determined that because the total harvest on MLDP properties is established and controlled by the department, there will be no negative biological consequences of allowing buck harvest by firearm by youth hunters, as it is simply a matter of redistributing utilization of a fixed number of tags on any given property. The department also notes that because the proposed amendment to §65.42 would add a day to the early youth hunting season for deer, the proposed amendment would reflect that expanded harvest period length. The proposed amendment also eliminates subsection (f), which is no longer necessary. The provision was promulgated to provide for a transition period while the department implemented web-based and application-based administrative and reporting functions.

        The proposed amendment to 65.42, concerning Deer, consists of several components. The proposed change would insert the phrase “North Zone” at the beginning of paragraph (b)(2) in order to make clear to which counties and portions of counties that phrase refers.

        The proposed amendment to §65.42 also would increase the number of “doe days” in 43 counties in the eastern half of the state. The department manages deer populations by the deer management unit (DMU) concept, which organizes the state into specific areas that share similar soil types, vegetative communities, wildlife ecology, and land-use practices. In this way, deer seasons, bag limits, and special provisions can be more effectively analyzed to monitor the efficacy of management strategies on deer populations within each DMU (although the familiar system of county boundaries and major highways to delineate various regulatory regimes continues to be employed). In some DMUs characterized by fragmented habitat, high hunting pressure, and large numbers of small acreages, the department protects the reproductive potential of the population by restricting the time during which antlerless deer may be taken, known colloquially as “doe days.” Under current rule, there are five levels of doe harvest in Texas. In some counties, the harvest of does is by MLDP tag only during the general season. In other counties (except on properties enrolled in the MLDP), doe harvest is allowed for either four, 16, or 23-plus days (a variable structure that allows antlerless harvest from the opening day of the general season until the Sunday following Thanksgiving). The most liberal doe harvest allows doe to be taken at any time during an open season. The department has determined that the 23-plus doe days structure can be implemented in 43 counties that currently have 16 doe days. Department population and harvest data indicate that deer densities are increasing within the affected DMUs and that antlerless harvest is less than half of the total harvest, which is resulting in a skewed sex ratio that is undesirable. The proposed amendment is intended to provide additional hunting opportunity where possible within the tenets of sound biological management, address resource concerns such as increasing deer densities, habitat degradation, and simplify existing regulations.

       

Finally, the proposed amendment to §65.42 would add one day to the current early youth-only weekend season for deer. Based on harvest and population data, the department has determined that because the hunting pressure represented by persons 16 years of age and younger is slight, even at high rates of hunter success, the change will result in an insignificant biological impact.

        The proposed amendment to §65.46, concerning Squirrel: Open Season, Bag, and Possession Limits, would add one day to the current early youth-only weekend season for squirrel. Based on harvest and population data, the department has determined that because the hunting pressure represented by persons 16 years of age and younger is slight, even at high rates of hunter success, the change will result in an insignificant biological impact.

       

The proposed amendment to §65.48, concerning Desert Bighorn Sheep: Open Season and Annual Bag Limit, would enlarge the open season. Under current rule, the season runs from September 1 through July 31. The season is closed in August as a precautionary measure because department biologists historically have conducted aerial surveys of bighorn populations at that time. However, the department has revised its aerial survey protocol for safety reasons, shifting the survey period to October through November when flight conditions are more favorable due to cooler temperatures. The proposed amendment would establish an open season to run from November 15 – September 30.

       

The proposed amendment to §65.64, concerning Turkey, would consist of several actions. First, the proposed amendment would eliminate regulatory distinctions regarding identification of subspecies of turkeys, which the department has determined is unnecessary, as the distribution of the various subspecies on the landscape is conducive to an aggregate bag limit. The proposed amendment will simplify regulations, enhance administration and enforcement, and will not result in depletion or waste. Therefore, current subsection (c), which is specific to Eastern turkey (for which there is no fall season), is no longer necessary and the appropriate components can be relocated into the portion of subsection (b) addressing spring turkey seasons.

       

The proposed amendment to §65.64 also would close the spring season south of U.S. Highway 82 in Bowie, Fannin, Lamar, and Red River counties to protect turkeys being stocked in neighboring counties while viable populations are being established. Similarly, the proposed amendment would close the spring season in Milam County and east of Interstate Highway 35 in Bell and Williamson counties to protect stocked turkeys as part of a restoration effort, which is expected to take up to five years to complete.

       

The proposed amendment to §65.64 also would shorten the spring season and reduce the bag limit east of Interstate Highway 35 in Comal, Hays, Guadalupe (north of I-10) Hill, McLennan, and Travis counties. The current spring season runs from the Saturday closest to April 1 for 44 days and the bag limit is four turkeys, gobblers or bearded hens. The proposed amendment would implement a season to run from April 1 – 30 and implement a bag limit of one turkey, gobblers only. Urban and suburban development, along with agricultural practices common along and east of Interstate 35, have resulted in habit loss and fragmentation to the extent that the turkey populations in those areas are no longer capable of sustaining potential harvest at the levels allowed under current rule. Moreover, hen harvest should be eliminated to maximize reproductive potential for the populations that do remain, which will allow for viable turkey populations in those remaining areas of suitable habitat. Similarly, the proposed amendment would alter the spring season in Brewster, Jeff Davis, Pecos, and Terrell counties, by implementing a shorter season, reducing the bag limit, and restricting the bag composition to gobblers only. The current spring season in those counties runs from the Saturday closest to April 1 for 44 days and the bag limit is four turkeys, gobblers or bearded hens. Department monitoring efforts continue to indicate significant population declines in those counties and the department has determined that populations in those areas are no longer capable of sustaining potential harvest at the levels allowed under current rule. Moreover, hen harvest should be eliminated to maximize reproductive potential for the populations that do remain, which will allow for viable turkey populations in those remaining areas of suitable habitat.

       

The proposed amendment to §65.64 also would implement a statewide mandatory harvest reporting requirement for all harvested wild turkeys. The department has historically utilized data obtained from mail-in surveys of turkey hunters to inform management decisions; however, response rates to the surveys have declined to a level that severely reduces the statistical reliability and usefulness of that data. Harvest data is an important component of turkey population management and recent research in Texas has recommended the implementation of mandatory harvest reporting to better monitor wild turkey populations. The department currently requires the electronic reporting of all turkey harvest in counties with a one-gobbler bag limit, and that data is invaluable to the long-term monitoring and management of wild turkey populations in Texas. The department notes that the department will recommend the implementation of mandatory electronic harvest reporting in the counties affected by the proposal (Bell (east of Interstate Highway 35), Brewster, Comal (east of Interstate Highway 35), Guadalupe (north of I-10), Hays (east of Interstate Highway 35), Jeff Davis, McLennan (east of Interstate Highway 35), Pecos, Terrell, Travis (east of Interstate Highway 35), and Williamson (east of Interstate Highway 35) in the event that the commission determines that statewide mandatory reporting isn’t appropriate at this time.

       

The proposed amendment to §65.64 also would add one day to the current early youth-only weekend season for turkey. Based on harvest and population data, the department has determined that because the hunting pressure represented by persons 16 years of age and younger is slight, even at high rates of hunter success, the change will result in an insignificant biological impact.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, 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 rules.

3. Public Benefit/Cost Note.

        Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the 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 adverse economic effect on persons required to comply with the rules as proposed.

        (B) 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 small and microbusinesses and rural communities. 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. 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 proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

        (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

        (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 ruled 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) not create a new regulation;

                 (6) not limit an existing regulation, but will repeal an existing rule (by eliminating the Muzzleloader Only Season, and will expand an existing regulation (by requiring statewide reporting of all turkey harvest);

                 (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 concerning the proposed game bird rules  may be submitted to Shaun Oldenburger at (512) 757-6067, email:  shaun.oldenburger@tpwd.texas.gov. Comments concerning proposed rules for big game species may be submitted to Blaise Korzekwa at (512) 415-8459, e-mail: blaise.korzekwa@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, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

        The proposed amendments affect Parks and Wildlife Code, Chapter 61.

        §65.10 Possession of Wildlife Resources.

                 (a) – (i) (No change.)

                 (j) In lieu of proof of sex, the person who killed the wildlife resource may:

                          (1) obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:

                                  (A) – (B) (No change.)

                                  (C) one of the following, as applicable:

                                          (i) (No change.)

                                          (ii) the sex of the pronghorn[antelope];

                                          (iii) – (iv) (No change.)

                         (2) (No change.)

                 (k) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document from the person who killed or caught the wildlife resource. A wildlife resource may be possessed without a WRD by the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code.

                         (1) For deer and pronghorn[antelope], a properly executed wildlife resource document shall accompany the carcass or part of a carcass until tagging requirements cease.

                         (2) – (5) (No change.)

        §65.11. Lawful Means. It is unlawful to hunt alligators, game animals or game birds except by the means authorized by this section, and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).

                 (1) – (3) (No change.)

                 (4) Air guns. Except as otherwise specifically provided elsewhere in this chapter, it is lawful to hunt alligators, game animals, and non-migratory game birds with an air gun; provided:

                         (A) when used to hunt alligator, deer, pronghorn [antelope], bighorn sheep, javelina, or turkey, the air gun:

                                  (i) – (iii) (No change.)

                         (B) – (E) (No change.)

                 (5) – (9) (No change.)

        §65.24. Permits.

                 (a) (No change.)

                 (b) Except as provided in §65.29 of this title (relating to Managed Lands Deer Program or §65.30 of this title (relating to Pronghorn [Antelope] Permits), no person may hunt white-tailed deer, mule deer, desert bighorn sheep, or pronghorn[antelope] when a permit or tag is required unless that person has received from the landowner and has in possession a valid permit or tag issued by the department.

                 (c) – (g) (No change.)

        §65.29. Managed Lands Deer Program (MLDP).

                 (a) – (b) (No change.)

                 (c) MLDP — White-tailed Deer. The provisions of this subsection shall govern the authorization and conduct of MLDP participation with respect to white-tailed deer.

                         (1) Harvest Option (HO).

                                  (A) – (C) (No change.)

                                  (D) On a tract of land enrolled under this subsection:

                                          (i) (No change.)

                                          (ii) MLDP tags for buck deer are valid:

                                                  (I) from the Saturday closest to September 30 for 35 consecutive days during which time buck deer may be taken only by means of lawful archery equipment; [and]

                                                  (II) from the first Saturday in November until the last day of February, during which time buck deer may be taken by any lawful means; and[.]

                                                  (III) for the take of buck deer by licensed hunters 16 years of age and younger on the Friday, Saturday and Sunday immediately preceding the first Saturday in November.

                                  (E) (No change.)

                         (2) (No change.)

                 (d) – (e) (No change.)

                 (f) Special Provisions.

                         (1) The[On September 1, 2017:]

                                  [(A) the provisions of this section take effect;]

                         [(B) the] annual bag limit established under §65.42 of this title does not apply to deer lawfully taken and tagged under the provisions of this section;

                         (2) The[(C) the] tagging requirements of Parks and Wildlife Code, §42.018, do not apply to deer lawfully taken under the provisions of this section;

                         (3) Completion[(D) completion] of the harvest log required under §65.7 of this title (relating to Harvest Log) is not required for deer lawfully tagged under the provisions of this section; and

                         (4)(E) the] provisions of §65.10 of this title (relating to Possession of Wildlife Resources) apply to deer lawfully taken under this section.

                         (5)[(2)] To the extent that any provision of this subchapter conflicts with the provisions of this section, the provisions of this section prevail.

                         (6)[(3)] In the event that the department’s web-based application is unavailable or inoperable, the department may specify manual procedures for compliance with the requirements of this section.

        §65.33. Mandatory Check Stations.

                 (a) (No change.)

                 (b) Except as required under §65.40 of this title (relating to Pronghorn [Antelope]: Open Seasons and Bag Limits) or Subchapter B of this chapter, the entire wildlife resource, with head and hide/plumage attached, except that internal and sexual organs may be removed (field-dressed), of any designated wildlife resource taken in a county in which mandatory check stations have been established must be presented:

                         (1) – (2) (No change.)

                 (c) – (d) (No change.)

        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

 

        The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

        The proposed amendments affect Parks and Wildlife Code, Chapter 61.

 

        §65.40. Pronghorn [Antelope]: Open Seasons and Bag Limits.

                 (a) – (b) (No change.)

        §65.42. Deer.

                 (a) General.

                         (1) – (3) (No change.)

                         (4) Except as provided in Subchapter H of this chapter and subsections (b)(2)(E) and (b)(4) and (5)[(b)(4) — (6)] of this section, the take of antlerless deer is prohibited on USFS lands.

                         (5) In the counties or portions of counties listed in subsection (b)(2)(G)[(b)(2)(H)] of this section, antlerless deer harvested on properties not subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department’s internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during the special seasons established by subsection (b)(4) and (5)[(b)(5) — (7)] of this section. This paragraph does not apply to antlerless deer harvested under a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing Packages), a valid license with digital tags issued under §53.4 of this title (relating to Lifetime Licenses), or a valid digital license issued under §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags), which must be reported as required under §65.10 of this title (relating to Possession of Wildlife Resources).

                 (b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.

                         (1) South Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the third Sunday in January.

                                  (A) – (B) (No change.)

                                  (C) Special Late General Seasons.

                                          (i) There is a special late general season in the counties listed in this subsection, during which harvest is restricted to antlerless and unbranched antlered deer, as follows:

                                                  (I) Season: 14 consecutive days starting the first Monday following the third Sunday in January;

                                                  (II) The bag limit the bag limit established for the county for the general open season and is not in addition to any other bag limit.

                         (2) North Zone. The general open season for the counties listed in this paragraph[subparagraph] is from the first Saturday in November through the first Sunday in January.

                                  (A) — (E) (No change.)

                                  (F) In Anderson, Angelina, Bell (East of IH 35), Bowie, Brazoria, Burleson, Brazos, Camp, Cass, Chambers, Cherokee, Delta, Ellis, Falls, Fannin, Fort Bend, Franklin, Freestone, Galveston, Goliad (south of U.S. Highway 59), Gregg, Grimes, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jackson (south of U.S. Highway 59), Jasper, Jefferson, Kauffman, Lamar, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Victoria (south of U.S. Highway 59), Walker, [and] Wharton (south of U.S. Highway 59), Williamson (east of IH 35), and Wood counties:

                                          (i) – (iii) (No change.)

                                  [(G) In Anderson, Bell (East of IH 35), Bowie, Burleson, Brazos, Camp, Cass, Delta, Ellis, Falls, Fannin, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hopkins, Hunt, Kauffman, Lamar, Leon, Limestone, Madison, Marion, Milam, Morris, Nacogdoches, Navarro, Panola, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Upshur, Van Zandt, Williamson (east of IH 35), and Wood counties:]

                                          [(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;]

                                          [(ii) the antler restrictions described in paragraph (3) of this subsection apply; and]

                                          [(iii) antlerless deer may be taken during the first 16 days of the season.]

                                  (G)[(H)] In Austin, Bastrop, Caldwell, Colorado, Comal (east of IH 35), DeWitt, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, Lavaca, Lee, Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), and Wilson counties:

                                          (i) – (iv) (No change.)

                                  (H)[(I)] In Collin, Dallas, Grayson, and Rockwall counties there is a general open season:

                                          (i) – (iv) (No change.)

                                  (I)[(J)] In Andrews, Bailey Castro, Cochran, Dallam, Dawson, Deaf Smith, Gaines, Hale, Hansford, Hartley, Hockley, Lamb, Lubbock, Lynn, Martin, Moore, Oldham, Parmer, Potter, Randall, Sherman, Swisher, Terry, and Yoakum counties, the bag limit is three deer, no more than one buck and no more than two antlerless.

                                  (J)[(K)] In Crane, Ector, Loving, Midland, Ward, and Winkler counties:

                                          (i) — (ii) (No change.)

                         (3) – (6) (No change.)

                         (7) Special Youth-Only Seasons. There shall be special youth-only general hunting seasons in all counties where there is a general open season for white-tailed deer.

                                  (A) The early open season is the Friday, Saturday, and Sunday immediately before the first Saturday in November.

                                  (B) The late open season is 14 consecutive days starting the first Monday following the first Sunday in January.

                                  (C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraph (2)(A) – (G)[(H)] of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in subparagraph (D) of this paragraph.

                                  (D) Provisions for the take of antlerless deer in the individual counties listed in paragraph (2)(G)[(2)(H)] of this subsection shall be as specified in those counties for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

                                  (E) Other than on properties where MLDP tags have been issued under the provisions of §65.29(c)(2) of this title, only licensed hunters 16 years of age or younger may hunt deer during the seasons established by this paragraph, and any lawful means may be used.

                                  (F) – (G) (No change.)

                 (c) (No change.)

        §65.46. Squirrel: Open Seasons, Bag, and Possession Limits.

                 (a) – (b) (No change.)

                 (c) In the counties listed in subsection (a) 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 Friday, Saturday, and Sunday immediately preceding October 1.

                         (2) (No change.)

        §65.48. Desert Bighorn Sheep: Open Season and Annual Bag Limit.

                 (a) (No change.)

                 (b) Open Season: From November 15 of any year to September 30 of the immediately following year[September 1 through July 31].

                 (c) – (d) (No change.)

        §65.64. Turkey.

                 (a) The annual bag limit for [Rio Grande and Eastern] turkey (all subspecies), in the aggregate, is four[, no more than one of which may be an Eastern turkey].

                 (b) [Rio Grande Turkey.] The open seasons and bag limits for [Rio Grande] turkey shall be as follows.

                         (1) Fall seasons and bag limits:

                                  (A) – (B) (No change.)

                                  (C) The counties listed in this subparagraph are in the Fall North Zone. In Archer, Armstrong, Bandera, Baylor, Bell (west of Interstate Highway 35), Bexar, Blanco, Borden, Bosque, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal (west of Interstate Highway 35), Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lampasas, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Medina (north of U.S. Highway 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, [Pecos,] Potter, Randall, Reagan, Real, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, [Terrell,] Throckmorton, Tom Green, Travis, Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wichita, Wilbarger, Williamson (west of Interstate Highway 35), Wise, Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Young counties, there is a fall general open season.

                                          (i) – (ii) (No change.)

                         (2) (No change.)

                         (3) Spring season and bag limits.

                                  (A) The counties and portions of counties listed in this subparagraph are in the Spring North Zone. In Archer, Armstrong, Bandera, Baylor, Bell (west of Interstate Highway 35), Bexar, Blanco, Borden, Bosque, [Brewster,] Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal (west of Interstate Highway 35), Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Ellis (west of Interstate Hwy. 35), Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, [Guadalupe,] Hall, Hamilton, Hardeman, Hartley, Haskell, Hays (west of Interstate Highway 35), Hemphill, Hill (west of Interstate Highway 35), Hood, Howard, Hutchinson, Irion, Jack, [Jeff Davis,] Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Hwy. 90), Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason, McCulloch, McLennan (west of Interstate Highway 35), Medina (north of U.S. Hwy. 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, [Pecos,] Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, [Terrell,] Throckmorton, Tom Green, Travis (west of Interstate Highway 35), Upton, Uvalde (north of U.S. Hwy. 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Ward, Wheeler, Wichita, Wilbarger, Williamson (west of Interstate Highway 35), Wise, and Young counties, there is a spring general open season.

                                                  (i) Open season: Saturday closest to April 1 for 44 consecutive days.

                                                  (ii) Bag limit: four turkeys, gobblers or bearded hens.

                                  (B)  The counties listed in this subparagraph are in the Spring South Zone. In Aransas, Atascosa, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit, Duval, Frio, Goliad, Gonzales, Guadalupe (south of I-35), Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kinney (south of U.S. Hwy. 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Hwy. 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Hwy. 90), Val Verde (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Victoria, Webb, Willacy, Wilson, Zapata, and Zavala counties, there is a spring general open season.

                                          (i) Open season: Saturday closest to March 18 for 44 consecutive days.

                                          (ii) Bag limit: four turkeys, gobblers or bearded hens. (No change.)

                                  (C) In Bastrop, Bell (east of Interstate Highway 35), Brewster, Caldwell, Colorado, Comal (east of Interstate Highway 35), Fayette, Guadalupe (north of I-10), Hays (east of Interstate Highway 35), Jackson, Jeff Davis, Lavaca, Lee, Matagorda, McLennan (east of Interstate Highway 35), Pecos, Terrell, Travis (east of Interstate Highway 35), [Milam, and] Wharton and Williamson (east of Interstate Highway 35) counties, there is a spring general open season.

                                          (i) – (ii) (No change.)

                                          [(iii) Except as provided by §65.10 of this title (relating to Possession of Wildlife Resources) for turkeys harvested under a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), a valid license with digital tags under §53.4 of this title (relating to Lifetime Licenses), or a valid digital license under §53.5 of this title (relating to Recreational Hunting Licenses, Tags, and Stamps, all turkeys harvested during the open season established under this subparagraph must be reported within 24 hours of the time of kill via an internet or mobile application designated by the department for that purpose.]

                                  (D) In Bowie (north of U.S. 82), Cass, Fannin (north of U.S. 82), Grayson, Jasper (other than the Angelina National Forest), Lamar (north of U.S. 82), Marion, Nacogdoches, Newton, Polk, Red River (north of U.S. 82), and Sabine counties, there is a spring general open season.

                                          (i) Open season: from April 22 through May 14.

                                          (ii) Bag limit: one turkey, gobbler only.

                                          (iii) In the counties listed in this subsection:

                                                  (I) it is unlawful to hunt turkey by any means other than a shotgun or lawful archery equipment; and

                                                  (II) it is unlawful for any person to take or attempt to take turkeys by the aid of baiting, or on or over a baited area.

                         (4) Special Youth-Only Seasons. Only licensed hunters 16 years of age or younger may hunt during the seasons established by this subsection.  

                                  (A) There shall be a special youth-only fall general hunting season in all counties where there is a fall general open season.

                                          (i) open season: the Friday, Saturday, and Sunday[weekend (Saturday and Sunday)] immediately preceding the first Saturday in November and from the Monday immediately following the close of the general open season for 14 consecutive days.

                                          (ii) bag limit: as specified for individual counties in paragraph (1) of this subsection.

                                  (B) There shall be special youth-only spring general open hunting seasons for [Rio Grande] turkey in the counties listed in paragraph (3)(A) – (D)[(3)(A) and (B)] of this subsection.

                                          (i) – (ii) (No change.)

                 [(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Bowie, Cass, Fannin, Grayson, Jasper (other than the Angelina National Forest), Lamar, Marion, Nacogdoches, Newton, Polk, Red River, and Sabine counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.]

                         [(1) Open season: from April 22 through May 14.]

                         [(2) Bag limit (both species combined): one turkey, gobbler only.]

                         [(3) In the counties listed in this subsection:]

                                  [(A) it is unlawful to hunt turkey by any means other than a shotgun or lawful archery equipment;]

                                  [(B) it is unlawful for any person to take or attempt to take turkeys by the aid of baiting, or on or over a baited area; and]

                                  [(C) except as provided by §65.10 of this title for turkeys harvested under a digital license issued pursuant to §53.3(a)(12) of this title, a valid license with digital tags under §53.4 of this title, or a valid digital license under §53.5(a)(3) of this title, all turkeys harvested during the open season must be registered via the department’s internet or mobile application within 24 hours of the time of kill. The department will publish the internet address and information on obtaining the mobile application in generally accessible locations, including the department internet web site (www.tpwd.texas.gov). Harvested turkeys may be field dressed but must otherwise remain intact.]

                 (c) Except as provided by §65.10 of this title for turkeys harvested under a digital license issued pursuant to §53.3(a)(12) of this title, a valid license with digital tags under §53.4 of this title, or a valid digital license under §53.5(a)(3) of this title, all harvested turkeys must be registered via the department’s internet or mobile application within 24 hours of the time of kill. Harvested turkeys may be field dressed (which for the purposes of this subsection is defined as the removal of internal organs, trachea, and esophagus), but must otherwise remain intact.

                 (d) In all counties or portions of counties for which an open season is not provided under subsection (b)[not listed in subsection (b) or (c)] of this section, the season is closed for hunting turkey.

        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

Work Session Item No. 5
Exhibit B

2024 — 2025 MIGRATORY GAME BIRD PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§65.314-65.320, concerning the Migratory Game Bird Proclamation.

        The United States Fish and Wildlife Service (Service) issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C.

        With exceptions as noted, the proposed amendments specify the season dates for hunting the various species of migratory game birds for 2024-2025 seasons. The proposed rules (except as noted in the discussion of the proposal for season dates in the Special White-winged Dove Area, the bag limits for greater white-fronted geese, and the elimination of the Light Goose Conservation Order) retain the season structure and bag limits for all species of migratory game birds from last year while adjusting the season dates to allow 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 proposed amendment to §65.314, concerning Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves), would implement a slightly different structure for the Special White-winged Dove Area (SWWDA) season than in years past. Under the federal frameworks, Texas is allowed 90 total days of dove hunting opportunity in the South Zone (which is also designated as a special management area for white-winged doves). Under the frameworks, the earliest possible date for full-day dove hunting in the South Dove Zone is September 14; however, Texas is also authorized to have up to six half-days of hunting opportunity between September 1 and September 19. Department survey data have consistently indicated strong hunter and landowner preference for the earliest possible hunting opportunity available under the federal frameworks, as well as for maximal weekend hunting opportunity during the SWWDA season. In a typical year, this would take the form of two three-day weekends of half-day special white-winged opportunity beginning on the earliest day possible under the frameworks. The 2024-25 calendar, however, presents a challenge because September 1, 2024 (the earliest possible day for SWWDA hunting) falls on a Sunday. The department has determined that in keeping with hunter and landowner preference, this year’s SWWDA dates would be best employed by implementing a season structure of September 1-2 (Sunday and Monday, which is also Labor Day), September 6-8 (a traditional three-day weekend), and September 13, which is a Friday and the last day before the earliest possible date that full-day dove hunting can be provided under the federal frameworks (September 14).

        The proposed amendment to §65.314 would also move the winter segment in North Zone to occur one week later, compared to last year. The department believes that additional hunting opportunity can be generated by encompassing the holiday period when children are out of school and hunters have more time to be in the field. The department does not expect the shift to result in negative impacts to dove populations.

Finally, the proposed amendment to §65.314 would nonsubstantively restructure subsection (b)(3) to more clearly establish the bag composition differential in the South Zone during the season in the Special White-winged Dove Area.

        The proposed amendment to §65.315, concerning Ducks, Coots, Mergansers, and Teal, would alter subsection (c) to reflect recent taxonomic changes to species composition. The bag limits currently refer to “Mexican-like” ducks. The Service recently recognized “Mexican ducks” as a protected species. The department therefore proposes to make regulatory provisions consistent with that determination.

The proposed amendment to §65.316, concerning Geese, would alter the current bag composition for dark geese in the Western Zone by removing the two-bird bag limit for white-fronted geese, thus creating a five-bird aggregate bag limit for all species of dark geese. The aggregate bag limit is recommended by the new mid-continent management plan for geese (approved by the Service, the Canadian Wildlife Service, and the Central and Mississippi Flyway Councils in March of 2023), which allows the department to align the Western Zone in Texas with the rest of the states in the west tier of the Central Flyway.

The proposed amendment to §65.316 would also eliminate the Light Goose Conservation Order (LCGO) in Texas. Historically, Texas coastal prairies and marshes were home to one of North America’s largest wintering population of light geese (snow geese, Ross’s geese). Due to a variety of reasons, including habitat loss, changes in agricultural practices, and increases in hunting pressure, the Texas Gulf Coast no longer winters a significant number of light geese. In the last year, department data indicate an all-time low population estimate and a 90% decline in abundance since the implementation of the LCGO. Department data indicate that participation levels and harvest associated with the LCGO has declined by over 90% since its inception. The LCGO was implemented in 1999 as a management tool intended to reduce habitat degradation and destruction of light goose breeding grounds in Canada. It was never intended to function as a hunting season or to increase hunting opportunity, although it did provide the latter. The department has determined that continued participation in the LCGO is now incompatible with light goose management priorities in Texas, as Texas populations continue to exhibit troubling downward trends. Elimination of the LGCO is expected to stabilize and possibly reverse those trends in coastal populations of light geese in Texas. The elimination of the LGCO would make it possible to provide the full 107 days of hunting opportunity for light geese afforded the department under the federal frameworks; therefore, if the LGCO is eliminated, the department would implement a light goose season to run from November 2, 2024 to February 14, 2025. If the commission decides to retain the LGCO, the department will recommend a closing date of January 26, 2025, which would be necessary because the federal frameworks require all other migratory bird seasons to be closed during the LGCO; however, in either case the department proposes to implement a five-bird bag limit with a possession limit of three times the daily bag limit, which is necessary to address concerns over declining light geese populations. The proposed amendment to 65.316 also would reduce the current statewide bag limit for light geese, from ten geese to five geese, and implement a possession limit of three times the daily bag limit. There is currently no possession limit; however, the department has determined that the lower bag limit and standard possession limit, which are consistent with current standards in effect for dark geese, should be implemented in order to determine the impacts of the new season structure on geese populations.

2. Fiscal Note.

        Shaun Oldenburger, Wildlife Division Small Game Program Director, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.

3. Public Benefit/Cost Note.

        Mr. Oldenburger also has determined that for each of the first five years the proposed rules are in effect:

        (A) The public benefit anticipated as a result of enforcing the rules as proposed will be the department’s discharge of its statutory obligation to manage and conserve the state’s populations of migratory game birds for the use and enjoyment of the public, consistent with the principles of sound biological management.

        (B) 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 small and microbusinesses and rural communities. 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. 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 proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        There also will be no adverse economic effect on persons required to comply with the rules as proposed.

        (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

        (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

        (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) not create a new regulation, or expand an existing regulation, but will limit an existing regulation (by eliminating the LGCO);

                 (6) neither increase nor decrease the number of individuals subject to regulation; and

                 (7) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rules may be submitted to Shaun Oldenburger (Small Game Program Director) at 512-389-4778, e-mail: shaun.oldenburger@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendments are proposed 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.

        The proposed amendments affect Parks and Wildlife Code, Chapter 64.

 

6. Rule Text.

        §65.314. Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves).

                 (a) (No change.)

                 (b) Seasons; Daily Bag Limits.

                         (1) North Zone.

                                  (A) Dates: September 1 — November 10, 2024 and December 20, 2024 – January 7, 2025 [September 1 — November 12, 2023 and December 15-31, 2023].

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                         (2) Central Zone.

                                  (A) Dates: September 1 — October 27, 2024 and December 13, 2024 — January 14, 2025.[September 1 — October 29, 2023 and December 15, 2023 — January 14, 2024]

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                         (3) South Zone and Special White-winged Dove Area.

                                  (A) Special White-winged Dove Area Season.

                                          (i) Dates: September 1-2, 6-8, 13, 2024[September 1-3 and 8-10, 2023; September 14 — October 29, 2023; and December 15, 2023 — January 21, 2024.]

                                          (ii)[(B)] Daily bag limit:

                                          [(i) from September 2-4 and 9-11, 2022;] 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped (white-fronted) doves per day.

                                  (B) South Zone Season.

                                          (i) Dates: September 14 — October 27, 2024 and December 13, 2024 — January 21, 2025.

                                          (ii) Daily bag limit[from September 14 — October 30, 2022 and December 17, 2022 — January 22, 2023;] 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped (white-fronted) doves per day.

        §65.315. Ducks, Coots, Mergansers, and Teal.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) HPMMU.

                                  (A) For all species other than "dusky ducks": October 26-27, 2024 and November 1, 2024 — January 26, 2025[October 28-29, 2023 and November 3, 2023 — January 28, 2024]; and

                                  (B) "dusky ducks": November 4, 2024 — January 26, 2025[November 6, 2023 — January 28, 2024].

                         (2) North Zone.

                                  (A) For all species other than "dusky ducks": November 9 — December 1, 2024 and December 7, 2024 — January 26, 2025[November 11-26, 2023 and December 2, 2023 — January 28, 2024]; and

                                  (B) "dusky ducks": November 14, 2024 – December 1, 2024 and December 7, 2024 — January 26, 2025[November 16-26, 2023 and December 2, 2023 — January 28, 2024].

                         (3) South Zone.

                                  (A) For all species other than "dusky ducks": November 2 – December 1, 2024 and December 14 — January 26, 2025[November 4-26, 2023 and December 9, 2023 — January 28, 2024]; and

                                  (B) "dusky ducks": November 7 – December 1, 2024 and December 14, 2024 — January 26, 2025[November 9-26, 2023 and December 9, 2023 — January 28, 2024].

                         (4) September teal-only season.

                                  (A) (No change.)

                                  (B) Dates: September 14-29, 2024[September 9-24, 2023].

                 (c) Bag limits.

                         (1) The daily bag limit for ducks and mergansers is six in the aggregate, which may include no more than five mallards (only two of which may be hens); three wood ducks; one scaup (lesser scaup or greater scaup); two redheads; two canvasbacks; one pintail; and one "dusky" duck (mottled duck, Mexican [like] duck, black duck and their hybrids) during the seasons established for those species in this section. For all species not listed, the daily bag limit shall be six. The daily bag limit for coots is 15.

                         (2) (No change.)

        §65.316. Geese.

                 (a) Zone boundaries.

                         (1) – (2) (No change.)

                 (b) Season dates and bag limits.

                         (1) Western Zone.

                                  (A) Light geese: November 2, 2024 — February 2, 2025[November 4, 2023 — February 4, 2024]. The daily bag limit for light geese is five[10 and there is no possession limit].                                  (B) Dark geese: November 2, 2024 — February 2, 2025[November 4, 2023 — February 4, 2024]. The daily bag limit for dark geese is five[five, to include no more than two white-fronted geese].

                         (2) Eastern Zone.

                                  (A) Light geese: November 2, 2024 — February, 14, 2025[November 4, 2023 — January 28, 2024]. The daily bag limit for light geese is five[10, and there is no possession limit].

                                  (B) Dark geese:

                                          (i) Season: November 2, 2024 – January 26, 2025[November 4, 2023 — January 28, 2024];

                                          (ii) Bag limit: The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

                 (c) September Canada goose season. Canada geese may be hunted in the Eastern Zone during the season established by this subsection. The season is closed for all other species of geese during the season established by this subsection.

                         (1) Season dates: September 14-29, 2024[September 9-24, 2023].

                         (2) The daily bag limit is five.

                 [(d) Light Goose Conservation Order. The provisions of paragraphs (1) — (3) of this subsection apply only to the hunting of light geese. All provisions of this subchapter continue in effect unless specifically provided otherwise in this section; however, where this section conflicts with the provisions of this subchapter, this section prevails.]

                         [(1) Means and methods. The following means and methods are lawful during the time periods set forth in paragraph (4) of this subsection:]

                                  [(A) shotguns capable of holding more than three shells; and]

                                  [(B) electronic calling devices.]

                         [(2) Possession. During the time periods set forth in paragraph (4) of this subsection:]

                                  [(A) there shall be no bag or possession limits; and]

                                  [(B) the provisions of §65.312 of this title (relating to Possession of Migratory Game Birds) do not apply.]

                         [(3) Shooting hours. During the time periods set forth in paragraph (4) of this subsection, shooting hours are from one half-hour before sunrise until one half-hour after sunset.]

                         [(4) Season dates.]

                                  [(A) From January 29 — March 10, 2024, the take of light geese is lawful in the Eastern Zone.]

                                  [(B) From February 5 — March 10, 2024, the take of light geese is lawful in the Western Zone.]

        §65.317. Special Youth, Active-Duty Military, and Military Veteran Seasons.

                 (a) Special Youth Waterfowl Season. There shall be a Special Youth Season for waterfowl, during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 16 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this title (relating to Extended Falconry Seasons).

                         (1) HPMMU:

                                  (A) season dates: October 19-20, 2024[October 21-22, 2023];

                                  (B) (No change.)

                         (2) North Duck Zone:

                                  (A) season dates: November 2-3, 2024[November 4-5, 2023];

                                  (B) (No change.)

                         (3) South Duck Zone:

                                  (A) season dates: October 26-27, 2024[October 28-29, 2023];

                                  (B) (No change.)

                 (b) Special Active-Duty Military and Military Veteran Migratory Game Bird Season.

                         (1) – (2) (No change.)

                         (3) Season Dates and Bag Limits.

                                  (A) HPMMU:

                                          (i) season dates: October 19-20, 2024[October 21-22, 2023];

                                          (ii) (No change.)

                                  (B) North Duck Zone:

                                          (i) season dates: November 2-3, 2024[November 4-5, 2023];

                                          (ii) (No change.)

                                  (C) South Duck Zone:

                                          (i) season dates: October 26-27, 2024[October 28-29, 2023];

                                          (ii) (No change.)

                         (4) (No change.)

        §65.318. Sandhill Crane.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) Zone A: October 26, 2024 — January 26, 2025[October 28, 2023 — January 28, 2024]. The daily bag limit is three.

                         (2) Zone B: November 22, 2024 — January 26, 2025[November 24, 2023 — January 28, 2024]. The daily bag limit is three.

                         (3) Zone C: December 14, 2024 — January 19, 2025[December 16, 2023 — January 21, 2024]. The daily bag limit is two.

                 (c) (No change.)

        §65.319. Gallinules, Rails, Snipe, Woodcock.

                 (a) Gallinules (moorhen or common gallinule and purple gallinule) may be taken in any county of this state during the season established in this subsection.

                         (1) Season dates: September 14-29 and November 2 — December 25, 2024[September 9-24 and November 4 — December 27, 2023].

                         (2) (No change.)

                 (b) Rails may be taken in any county of this state during the season established by this subsection.

                         (1) Season dates: September 14-29 and November 2 — December 25, 2024[September 9-24 and November 4 — December 27, 2023].

                         (2) (No change.)

                 (c) Snipe may be taken in any county of this state during the season established by this subsection.

                         (1) Season dates: November 2, 2024 — February 16, 2025[November 4, 2023 — February 18, 2024].

                         (2) (No change.)

                 (d) Woodcock may be taken in any county of this state during the season established by this subsection.

                         (1) Season dates: December 18, 2024 — January 31, 2025[December 18, 2023 — January 31, 2024].

                         (2) (No change.)

        §65.320. Extended Falconry Seasons. It is lawful to take the species of migratory birds listed in this section by means of falconry during the seasons established by this section.

                 (1) Mourning doves, white-winged doves and white-tipped doves: November 15 — December 1, 2024[November 17 — December 3, 2023].

                 (2) Duck, gallinule, moorhen, rail, and woodcock: January 27 — February 10, 2025[January 29 — February 12, 2024].

                 (3) – (4) (No change.)

        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

Work Session Item No. 10
Presenter: Richard Heilbrun

Work Session
BRIEFING – Mountain Lion Update
January 24, 2024

I.      Executive Summary: Staff will introduce Joseph Fitzsimons, Chairman of the 2023 Mountain Lion Stakeholder Working Group (Group) and former Texas Parks and Wildlife Commission (Commission) Chair, who will present the Group’s recommendations and perspectives.

II.     Discussion: In 2022, the Commission received a petition requesting that Texas Parks and Wildlife Department change the way it manages and monitors mountain lions. In response, the Commission Chair directed the formation of a stakeholder group, which included 19 members comprised of landowners, livestock producers, private land managers, trappers, houndsmen, wildlife scientists, wildlife biologists, and natural resource professionals. The Group was charged with making recommendations on the following six topics:

  1. Abundance, status, distribution, and persistence of mountain lions in Texas;
  2. Development of a mountain lion management plan for Texas;
  3. Harvest reporting;
  4. Trap/snare check standards;
  5. Harvest/bag limits; and
  6. “Canned” hunts.

The stakeholder group met five times throughout 2023. The members focused on understanding the multitude of perspectives related to mountain lion policy and management approaches. The Group did not try to force consensus on all six charges; however, the members found general agreement on several charges and perspectives. On some issues, Group members expressed divergent opinions but found agreement on recommendations, management philosophies, or management preferences. On other issues, Group members agreed on basic philosophies but disagreed on final recommendations. However, all members expressing an opinion agreed that mountain lions are an important resource that should persist in Texas.

Several common themes arose in the Group’s discussion that addressed all charges. First, the Group members stressed that their recommendations should be strictly limited to mountain lions, and that any recommended actions do not “spill over” into other wildlife species. Secondly, since the majority of mountain lion habitat in Texas is on private property, the future success of mountain lions will continue to depend on effective stewardship of Texas’s private lands. Mr. Fitzsimons will present the Group’s recommendations and perspectives and its final report to the Commission.

Work Session Item No. 13
Presenter: Stan David

Work Session
Partition, Exchange, and Conveyance of Land – Marion County
Approximately 90 Acres at Caddo Lake Wildlife Management Area
Request Permission to Begin the Public Notice and Input Process
January 24, 2024

I.      Executive Summary: Staff will update the Texas Parks and Wildlife Commission (Commission) on the status of the resolution of disputes concerning the northwest boundary of the Caddo Lake Wildlife Management Area (WMA), including information learned from a recent survey of the area.

II.     Discussion: Caddo Lake State Park was established in the 1930s on the south shore of Caddo Lake in Harrison County. Over time, Texas Parks and Wildlife Department (TPWD) expanded the park north across the lake, covering several thousand more acres. In 1997, the TPWD land holdings on the north side of the lake in Marion County were re-designated as a WMA and their management assigned to the TPWD Wildlife Division. Today, the WMA consists of roughly 8,100 acres that protect much of the lake and the adjacent swamps, floodplains, slopes, and upland forests that exemplify the habitats of northeast Texas.

The Goat Island Unit of the WMA covers roughly 900 acres, consists of particularly significant habitat, and is a favorite destination for hunters. TPWD had previously shared provisional use of the only road that provides overland access to Goat Island with a neighboring family. Determining the WMA’s and the neighboring property’s exact ownership boundaries on the ground has been hindered by anomalies in the properties’ chains of title, and TPWD historically shared road use only through a “handshake agreement” with the neighboring family. Several years ago, the family denied road access to TPWD staff and the public. Recent work to clarify the chain of title suggest that the road crosses private property, and TPWD does not have an easement across the private property.

In accordance with prior Commission direction, staff is working to amicably resolve the boundary disputes, with a priority on securing permanent access to Goat Island and establishing good relationships with neighboring property owners. TPWD currently owns an undivided 75 percent interest in the approximately 220-acre “Chew Tract.” TPWD completed a boundary survey of the Chew Tract in June 2020, which identified 240.41 acres within the tract and revealed numerous boundary overlaps with adjacent tracts on both the east and west sides of the surveyed land. Based on this survey, staff has tentatively negotiated an agreement with an adjacent landowner to recognize their ownership of the land occupied by their family for much of the past century in exchange for a suitable deeded road into the Goat Island Unit.

In addition, staff proposes executing boundary agreements that will formalize the historic fence line boundaries of adjacent landowners to the west. These agreements will each be subject to approval by the Commission and will require an equitable partition with the other 25 percent undivided surface owners of the Chew Tract.

Staff requests permission to begin the public notice and input process.

Attachments – 6

  1. Exhibit A – Location Map
  2. Exhibit B – Vicinity Map
  3. Exhibit C – Area Map
  4. Exhibit D – Site Map
  5. Exhibit E – Notable Survey Anomalies
  6. Exhibit F – Potential Areas of Conveyance

Work Session Item No. 13
Exhibit A

Location Map for Caddo Lake Wildlife Management Area (WMA)
Marion County

Work Session Item No. 13
Exhibit B

Vicinity Map for Caddo Lake WMA
20 Miles Northeast of Marshall

Work Session Item No. 13
Exhibit C

Area Map for Caddo Lake WMA
WMA Outlined in Orange
Exhibit D Land Outlined in White

Work Session Item No. 13
Exhibit D

Site Map of Chew Tract and Adjacent Landowners

Work Session Item No. 13
Exhibit E

Notable Survey Anomalies

Work Session Item No. 13
Exhibit F

Potential Areas of Conveyance

Work Session Item No. 15
Presenter: Jason Estrella

Work Session
Disposition of Land – Blanco County
Approximately 0.38 Acres at Blanco State Park
Request Permission to Begin the Public Notice and Input Process
January 24, 2024

I.      Executive Summary: Staff has been working with the City of Blanco to resolve long-standing ambiguities in the chain of title of a 0.38-acre tract adjacent to Blanco State Park that is owned by the City of Blanco. Staff believes that the ambiguities in the deed records can be resolved with a quitclaim deed from Texas Parks and Wildlife Department (TPWD) to the City of Blanco.

II.     Discussion: The 90-acre Blanco State Park straddles the Blanco River for more than two miles within the city of Blanco. The park was acquired in the 1930s and is very popular with visitors, allowing access to the clear waters of the Blanco River for swimming, tubing, picnicking, and enjoying a picturesque Hill Country stream.

Since 2016, TPWD staff has researched title records and mapped results for state parks and wildlife management areas in order to improve understanding of site boundaries and potential boundary issues. During staff’s research on Blanco State Park, staff found no proof of TPWD ownership of a 0.38-acre tract on the east side of the park. The City of Blanco recently reached out to TPWD with documentation proving City ownership of the subject tract and requested that TPWD work with the City to resolve ambiguities in the property records. A quitclaim deed from TPWD to the City of Blanco will clarify that the City owns the property and dispose of any future claim TPWD may have to the property. Staff believes that the disposition of this tract will not affect park operations.

Staff requests permission to begin the public notice and input process.

Attachments – 4

  1. Exhibit A – Location Map
  2. Exhibit B – Vicinity Map
  3. Exhibit C – Area Map
  4. Exhibit D – Site Map of Proposed Disposition

Work Session Item No. 15
Exhibit A

Location Map for Blanco State Park
Blanco County

Work Session Item No. 15
Exhibit B

Vicinity Map for Blanco State Park
Blanco Texas

Work Session Item No. 15
Exhibit C

Area Map of Blanco State Park
Proposed Disposition Location in Yellow
Blanco State Park Outlined in Red

Work Session Item No. 15
Exhibit D

Site Map of Proposed Disposition
Proposed Disposition in Yellow
Blanco State Park Outlined in Red

Work Session Item No. 16
Presenter: James Murphy

Work Session
Litigation Update
January 24, 2024

I.      Executive Summary: Attorneys for the Texas Parks and Wildlife Department will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation.