Proposed Rules Title 31

TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 53. FINANCE

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§53.1 - 53.6, concerning Fees, §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules - Provisions for Digital Products, and §53.60, concerning Stamps. The amendments would, in conjunction with other proposed rules affecting 31 TAC Chapter 57, Subchapter N, concerning the Statewide Recreational and Commercial Fishing Proclamations, and Chapter 65, Subchapter A, concerning the Statewide Hunting Proclamation, published elsewhere in this issue of the Texas Register, expand the current provisions regarding the issuance and use of digital products to include and apply to all recreational hunting, fishing, and combination hunting and fishing licenses and stamp endorsements currently issued by the department directly to hunters and anglers, as well as the Annual Public Hunting Permit, Limited Use Permit, Harvest Information Program certification, Hunter Education Deferral Option, federal sandhill crane permit, and controlled exotic snake permit.

The 87th Texas Legislature (2021) enacted House Bill (H.B.) 3081, which authorized the commission to develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals. The department accordingly initiated a pilot program in 2022 to determine the public receptivity to and logistical feasibility of the concept of digital licenses, stamp endorsements, and tags for hunting and fishing, which resulted in the creation of digital versions of the super combination hunting and "all water" fishing license and the lifetime resident super combination hunting and "all water" fishing package (47 TexReg 88). In 2022, after an analysis of customer purchasing behavior with respect to digital licenses and products, the department determined that it was appropriate to offer a digital version of the youth hunting license, the lifetime resident hunting license, and the lifetime fishing license for the license year beginning September 1, 2023, as well as the exempt angler red drum tag, which allows persons who are exempt from fishing license and stamp endorsement requirements to harvest red drum. The department is now confident, based on these pilot programs, that all recreational hunting and fishing licenses, stamp endorsements, tags, and selected permits that are sold directly to users can be made available to the public as digital products, which is the purpose of this proposed rulemaking.

The proposed amendments to §53.1, concerning Applicability, would add definitions for "digital product," "electronic acquisition - electronically," "physical product," and "virtual documentation" in order to provide precise and unambiguous meanings for those terms as they are used in the proposed rules.

The proposed amendments to §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, §53.3, concerning Combination Hunting and Fishing License Packages, §53.4, concerning Lifetime Licenses, §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, and §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, would make conforming changes necessary to comport with the proposed amendment to §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules - Provisions for Digital Products, which would be retitled "Digital Products," and become the controlling authority for all digital products offered by the department.

The proposed amendment to §53.18, concerning License Issuing Procedures, Fees, Possession, and Exemption Rules - Provisions for Digital Products, would retitle the section and make the provisions of the section applicable to all recreational hunting and fishing licenses, stamp endorsements, tags sold directly to the public, as well as the selected permits mentioned previously in this preamble. The effect of the proposed amendment would be to make digital versions of all recreational hunting and fishing licenses, stamp endorsements, tags, and select permits currently directly available to the public (in addition to the traditional versions of those products).

The proposed amendment to §53.60, concerning Stamps, also would make conforming changes necessary to comport with the proposed amendment to §53.18.

Chris Cerny, Business Analyst, has determined that for each of the first five years that the rules as proposed are in effect, there will be minimal fiscal implications for the department, if any, and those fiscal implications will be positive.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

Mr. Cerny also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be the provision of additional licensing options for the convenience and enjoyment of the public.

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 impacts to small businesses, micro-businesses, or rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses 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 proposed rules will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest public 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.

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.

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

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.

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; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create, repeal, or limit a regulation; expand a regulation (by making all recreational hunting and fishing licenses and certain permits available as digital license products); neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Chris Cerny at (512) 389-4594, e-mail: chris.cerny@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER A. FEES

DIVISION 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES

31 TAC §§53.1 - 53.6, 53.18

The amendments are proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person's possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, 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; and §61.054 which requires the commission to specify 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, Chapters 42, 46, 50, and 61.

§53.1.Applicability; Definitions.

(a) Except for the fees established in Chapter 59 of this title (relating to Parks) and Chapter 69, Subchapter H, of this title (relating to Issuance of Marl, Sand, and Gravel Permits), the fees established by this chapter prevail over all other chapters in this title.

(b) The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.

(1) Digital product (digital license, digital stamp endorsement, digital tag, digital permit)--A license, stamp endorsement, tag, or permit issued by the department that is not a physical license, physical stamp endorsement, physical tag, or physical permit but serves as virtual documentation of a person's hunting and/or fishing privileges and compliance with the applicable license and permit requirements of the Parks and Wildlife Code and rules of the commission.

(2) Electronic acquisition (electronically)--Acquisition of a license, stamp endorsement, tag, or permit, issued in either digital or physical form, from the department by phone or online.

(3) Physical product (physical license, physical stamp endorsement, physical tag, or physical permit)--A tangible, material license, stamp endorsement, tag, or permit issued by the department that serves as tangible documentation of a person's specific hunting and/or fishing privileges and compliance with the applicable license and permit requirements of the Parks and Wildlife Code and the rules of the commission.

(4) Virtual documentation--An electronic record obtained from and maintained by the department indicating the purchase, possession, or acquisition of a digital product.

§53.2.License Issuance Procedures, Fees, Possession, and Exemption Rules.

(a) Hunting license [~~possession~~].

(1) (No change.)

(2) A person may hunt in this state without having a valid physical hunting license in immediate possession if that person has acquired a license electronically and has either:

(A) a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of an appropriate digital product identified in §53.18 of this title (relating to Digital Products); [~~a digital license described in §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages) or §53.4(a)(1) of this title (relating to Lifetime Licenses);~~] or

(B) (No change.)

(3) - (4) (No change.)

(b) Fishing license; Tags [~~possession~~].

(1) A person may fish in this state without having a valid physical fishing license in immediate possession if that person:

(A) (No change.)

(B) has acquired a license electronically and has either:

(i) a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of a digital product identified in §53.18 of this title [~~license described in §53.3(a)(12) of this title or §53.4(a)(1) of this title~~]; or

(ii) (No change.)

(2) No person may catch and retain a red drum or spotted seatrout exceeding the maximum length limit established in Chapter 57, Subchapter N, Division 2, of this title (relating to Statewide Recreational Fishing Proclamation [~~over 28 inches in length~~] in the coastal waters of this state without having a valid physical fishing license, saltwater sportfishing stamp (unless exempt), and valid appropriate (red drum or spotted seatrout) tag in immediate possession, unless the person has purchased a valid digital product identified in §53.18 of this title [~~license described in §53.3(a)(12) of this title or a valid license with digital tags under §53.4(a)(1) of this title~~].

[(3) No person may catch and retain a spotted seatrout 28 inches or greater in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp (unless exempt), and valid Spotted Seatrout tag in immediate possession, unless the person has purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under §53.4(a)(1) of this title.]

(1) - (2) (No change.)

(3) The fees established by this subsection also apply to the electronic acquisition of a digital product [~~license~~ ] identified in §53.18 of this title [~~§53.3(a)(12) of this title or §53.4(a)(1)~~] of this title.

(d) - (g) (No change.)

(h) A person who has purchased a valid physical hunting, fishing, or combination hunting and fishing license product but is not in physical possession of that physical license product [~~license~~] in any circumstance for which physical possession of the license product [~~the license~~] is required may use a wireless communications device (laptop, cellphone, smart phone, electronic tablet, phablet, or similar device) to satisfy applicable license possession requirements.

(1) - (3) (No change.)

§53.3.Combination Hunting and Fishing License Packages.

(a) Combination hunting and fishing license packages may be priced at an amount less than the sum of the license and stamp prices of the individual licenses and stamps included in the package.

(1) - (11) (No change.)

[(12) Digital super combination hunting and "all water" fishing license package. The licenses listed in paragraphs (7) and (8) of this subsection are available in a digital version that does not include the license log or the physical license tags found on the physical license.]

~~[(A) The fee for a digital license identified in this paragraph shall be the same as the fee specified for that license in paragraphs (7) and (8) of this section.]~~

~~[(B) A person who acquires a digital license is ineligible to acquire any other form of recreational hunting or fishing license in the same license year.]~~

~~[(C) The digital licenses identified in this paragraph are available only through the department's website at www.tpwd.texas.gov.]~~

~~[(D) The provisions of §65.8 of this title (relating to Alternative Licensing System) do not apply to a digital license.]~~

(12) [~~(13)~~] Replacement combination or replacement super combination packages--$10 except for a replacement disabled veteran super combination hunting and "all water" fishing package or a Texas resident active-duty [~~active duty~~] military super combination hunting and "all water" fishing package, which shall be replaced at no charge.

(b) (No change.) §53.4.Lifetime Licenses.

(a) - (c) (No change.)

~~[(d) The licenses listed in this section are available with a digital tag option that does not require the license log or the physical license tags found on the physical license.]~~

~~[(1) The digital tag option is available beginning the year after the year of purchase of the license (and each year thereafter); and]~~

~~[(2) the provisions of §53.3(a)(12)(B) - (D) of this title (relating to Combination Hunting and Fishing License Packages) apply.]~~ §53.5.Recreational Hunting Licenses, Stamps, and Tags.

(a) Hunting Licenses:

(1) - (2) (No change.)

(3) youth hunting--$7.

~~[(A) Valid for any person under 17 years of age on the date of license purchase.]~~

~~[(B) This license is available in a digital version that does not include the license log or the physical license tags found on the physical license.]~~

(4) - (9) (No change.)

(b) - (d) (No change.) §53.6.Recreational Fishing Licenses, Stamps, and Tags.

(a) - (d) (No change.)

(e) Fishing tags:

(1) exempt angler red drum tag (provides a red drum tag for persons that are exempt by statute or rule from the purchase of a resident or non-resident fishing license of any type or duration)--$3;

~~[(A) Provides a red drum tag for persons that are exempt from the purchase of a resident or non-resident fishing license of any type or duration.]~~

[(B) This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag.]

(2) bonus red drum tag (provides a second red drum tag to persons who [~~that~~] have previously received a red drum tag)--$3. [~~This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag;~~]

(3) exempt angler spotted seatrout tag (provides a spotted seatrout tag for persons who are exempt by statute or rule from the purchase of a resident or non-resident fishing license of any type or duration)--$3;

~~[(A) provides a spotted seatrout tag for persons that are exempt from the purchase of a resident or non-resident fishing license of any type or duration.]~~

[(B) this tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag.]

(4) bonus spotted seatrout tag ([-] provides a second spotted seatrout tag to persons who [~~that~~ ] have previously received a spotted seatrout tag)--$3. [~~This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag;~~]

(5) - (6) (No change.) §53.18.[~~License Issuance Procedures, Fees, Possession, and Exemption Rules - Provisions for~~] Digital Products.

(a) Digital Products. [The provisions of this section are in addition to the provisions of §53.2 of this title (relating to License Issuance Procedures, Fees, Possession, and Exemption Rules) and to the extent that any provision of this section conflicts with the provisions of §53.2 of this title, this section controls].

(1) The licenses, stamp endorsements, and tags listed in §§53.3, 53.4, 53.5(a) and (c), and 53.6(a) - (c) and (e)(1) - (4) of this title (relating to Combination Hunting and Fishing License Packages; Lifetime Licenses; Recreational Hunting Licenses, Stamps, and Tags; and Recreational Fishing Licenses, Stamps, and Tags) are available as a digital product. Digital licenses do not include the license log or the physical license tags found on the traditional physical license.

(2) In addition to the license products identified in paragraph (1) of this subsection, the following items are available as digital products:

(A) the public hunting permits identified in §53.10(a)(1) and (3) of this title (relating to Public Hunting Permits and Fees);

(B) the federal sandhill crane permit required by §65.318 of this title (relating to Sandhill Crane);

(D) the reptile and amphibian stamp required by Parks and Wildlife Code, Chapter 43, Subchapter W; and

(E) the recreational controlled exotic snake permit required by §55.652 of this title (relating to Controlled Exotic Snakes).

(b) General Provisions.

(1) To the extent that any provision of this section conflicts with the provisions of §53.2 of this title, this section controls.

(2) A person who acquires a digital license is ineligible to acquire any other form of recreational hunting or fishing license in the same license year.

(3) The fees established in this division also apply to the issuance of the digital products identified in this section.

(4) The digital products associated with items enumerated in §53.4 of this title are available beginning the year after the year of purchase of the license (and each year thereafter).

(5) A person who has acquired a digital product may engage in an activity permitted or authorized by the digital product, provided the person ~~Hunting license possession. A person may hunt in this state without having a valid physical hunting license in immediate possession if that person has acquired a license electronically and~~] has a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of the appropriate digital product. [a digital license described in §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4 of this title (relating to Lifetime Licenses), or §53.5(a)(3) of this title (relating to Recreational Hunting Licenses, Stamps, and Tags).]

(6) The provisions of §65.8 of this title (relating to Alternative Licensing System) do not apply to a digital license.

(7) Because a digital product does not physically exist, the provisions of this subchapter that apply to replacement licenses do not apply to digital products.

[~~(1)~~] A person may fish in this state without having an appropriate, [a] valid physical fishing license product in immediate possession if that person has acquired a license electronically and has a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of an appropriate [a] digital product [~~license described in §53.3(a)(12) of this title or §53.4 of this title~~].

[(2) A person may catch and retain a red drum over 28 inches in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp, and valid red drum tag in immediate possession, if the person has:]

~~[(A) obtained a valid digital exempt angler red drum tag; or]~~

~~[(B) purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under 53.4 of this title.]~~

[(3) A person may catch and retain a spotted seatrout 28 inches or greater in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp, and valid spotted seatrout tag in immediate possession, if the person has:]

~~[(A) obtained a valid digital exempt angler spotted seatrout tag; or]~~

~~[(B) purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under 53.4 of this title.]~~

(d) Fees. [~~Issuance of licenses, stamp endorsements, and tags electronically (on-line or by telephone).~~]

[(1) A person may acquire a tag electronically from the department by agreeing to pay a convenience fee of up to $5 in addition to the normal tag fee, if a fee is required. This fee shall not be charged if the tag is acquired in the same transaction with a license.]

[~~(2)~~] The fees established by this subsection apply to the electronic acquisition of a digital product [~~license, stamp endorsement, or tag~~] identified in subsection (a) of this section [~~§53.3(a)(12) of this title, 53.4 of this title, §53.5(a)(3) of this title, or §53.6 of this title (relating to Recreational Fishing Licenses, Stamps, and Tags)~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500460

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

SUBCHAPTER B. STAMPS

31 TAC §53.60

The amendment is proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person's possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, 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; and §61.054 which requires the commission to specify 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, Chapters 42, 46, 50, and 61.

§53.60.Stamps.

(a) Stamp Form, Design and Manner of Issuance.

(1) (No change.)

(2) A digital combination license or combination license package issued under the provisions of §53.18 of this title (relating to Digital Products [~~§53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages)~~] includes all required endorsements.

(b) Stamp Purchase Identification and Possession Requirements.

(1) A person may hunt without a required state hunting stamp endorsement in immediate possession if the person:

(A) possesses a valid digital product [~~license~~ ] issued under the provisions of §53.18 of this title [§53.3(a)(12) of this title, a valid license with digital tags under §53.4 of this title (relating to Lifetime Licenses) or §53.5(a)(3) of this title (relating to Recreational Hunting Licenses, Stamps, and Tags]; or

(B) has acquired a stamp endorsement electronically and has a valid authorization number in possession while awaiting fulfilment of the physical tag. Authorization numbers shall only be valid for 20 days from purchase date.

(2) A person may fish without a required fishing stamp endorsement in immediate possession if the person:

(A) possesses a valid digital product [~~license~~ ] issued under the provisions of §53.18 of this title ~~§53.3(a)(12) of this title or a valid license with digital tags under §53.4 of this title~~]; or

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500461

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

CHAPTER 57. FISHERIES

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§57.156, 57.252, and 57.253, concerning Fisheries.

The proposed amendment to §57.156, concerning Definitions, would remove a reference to a publication that no longer is applicable to the rule. The Texas Parks and Wildlife Commission finds that removing the reference is necessary to eliminate possible confusion.

The proposed amendment to §57.252, concerning General Provisions, would, for the sake of clarity, add a provision repeating the statutory prohibition (Parks and Wildlife Code, §66.015) of the act of introducing any species of fish, shellfish, or aquatic plant into the public water of the state without a permit issued by the department.

The proposed amendment to §57.253, concerning Permit Application, would eliminate subsection (c)(2)(B)(i), which is no longer necessary because the Texas Department of Agriculture no longer regulates aquaculture.

The proposed amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

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.

There will be no adverse economic effect on persons required to comply with the rules as proposed, as the rules apply only to internal department administrative processes.

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 would result in no direct economic effect on any small businesses, micro-businesses, or rural community, as the rules apply only to internal department administrative processes and not to any business or person. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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.

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 not create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; not create, expand, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald at (512) 389-4775, e-mail: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER B. MUSSELS AND CLAMS

31 TAC §57.156

The amendment is proposed under Parks and Wildlife Code, §78.006, which authorizes the to regulate the taking, possession, purchase, and sale of mussels and clams.

The proposed amendment affects Parks and Wildlife Code, Chapter 11.

§57.156.Definitions.

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1) (No change.)

(2) Freshwater mussel--Bivalve mollusks of the family Unionidae [~~(collectively including Amblimidae and Margaritiferidae) as listed by the American Fisheries Society Special Publication 29~~].

(3) - (5) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500456

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

SUBCHAPTER C. INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS

31 TAC §57.252, §57.253

The amendment is proposed under the authority of Parks and Wildlife Code, §66.007, which requires the department to make rules to carry out the provisions of that section.

The proposed amendment affects Parks and Wildlife Code, Chapter 66.

§57.252.General Provisions.

(a) No person may place any species of fish, shellfish, or aquatic plant into the public water of the state without a permit issued by the department.

(b) [~~(a)~~] An offshore aquaculture permit under this subchapter may be issued to an individual, corporation, company, or other entity that meets all requirements of Texas law for transacting business in this state and the requirements of this subchapter applicable to offshore aquaculture permits.

(c) [~~(b)~~] A permit under this subchapter other than for an offshore aquaculture facility may be issued to a named individual only and not to a corporation, partnership, or other entity.

(d) [~~(c)~~] A permit issued under this subchapter shall not be sold or transferred except with the approval of the department.

(e) [~~(d)~~] Except as provided by the terms and conditions of the permit, a one-time introduction permit, for releases other than those made into an offshore aquaculture facility, is valid for 60 days from the date of issuance or until the permitted introduction has been completed, whichever comes first.

(f) [~~(e)~~] For offshore aquaculture facilities:

(1) - (7) (No change.)

(g) [~~(f)~~] A holder of an offshore aquaculture permit must:

(1) - (5) (No change.)

(h) [~~(g)~~] A permit is not required for any person, while fishing, to place goldfish (Carassius auratus), common carp (Cyprinus carpio), native shrimp, crabs, crawfish and nongame fish into public waters or to immediately release any fish that does not comply with size and bag limits for that species.

(i) [~~(h)~~] An employee of the department acting at the direction of the executive director is exempt from the permit requirements specified by these sections. §57.253.Permit Application.

(a) - (b) (No change.)

(1) (No change.)

(2) must include:

(A) (No change.)

(B) proof that the applicant has obtained:

~~[(i) a valid license issued by the Texas Department of Agriculture to operate an aquaculture facility (Agriculture Code Chapter 134);]~~

(i) [~~(ii)~~] all applicable state and/or federal permits or authorizations relating to water quality standards;

(ii) [~~(iii)~~] all applicable state and federal permits, authorizations, or clearances related to navigational hazards; and

(iii) [~~(iv)~~] any approval or permit required by the General Land Office;

(d) - (f) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500457

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

CHAPTER 57. FISHERIES

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §57.984 and §57.985 and amendments to §57.981 and §57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations.

The repeal of §57.984, concerning Special Provisions - Digital Exempt Angler Tags is necessary to comport current rules with proposed provisions published elsewhere in this issue that would make all recreational fishing license products (licenses, stamp endorsements, tags, and selected permits) available as digital products.

The proposed repeal of §57.985, concerning Spotted Seatrout- Special Provisions, is necessary to remove temporary interim provisions governing the take of spotted seatrout, adopted as a stand-alone section in 2024 to avoid conflict with other proposed rulemaking, in order to move them to §57.981, concerning Bag, Possession, and Length Limits, where they properly belong.

In February of 2021, Winter Storm Uri resulted in the largest freeze-related fish kill on the Texas Gulf coast since the 1980s, severely impacting spotted seatrout populations coastwide. In an effort to accelerate recovery of the spotted seatrout population, the department promulgated a series of rules that implemented reduced bag and "slot" (a mechanism to protect certain age classes) limits. Department monitoring has continuously indicated lower post-freeze catch rates (compared to the previous ten-year average), and the commission accordingly acted to implement continued measures to enhance and accelerate population recovery, adopting rules that reduced the bag limit and narrowed the slot limit for spotted seatrout. In January 2024, the commission directed staff to develop a mechanism to allow the retention of "oversized" fish (fish in excess of the maximum length established by rule) at a level not likely to compromise or defeat recovery measures, resulting in the adoption of §57.985, which also replaced the previous daily limit for the retention of oversized spotted seatrout with an annual limit.

The proposed amendment to §57.981, concerning Bag, Possession, and Length Limits, would incorporate the contents of current §57.985, concerning Spotted Seatrout - Special Provisions, for reasons discussed earlier in this preamble. The proposed repeal and amendment are not substantive, do not alter the applicability of the rules currently in force and effect, and serve only to consolidate all provisions governing spotted seatrout harvest in a single place. The proposed amendment also would make conforming changes to accommodate proposed amendments to Chapter 53, concerning Finance, published elsewhere in this issue, that would provide for the issuance of all recreational fishing licenses, stamp endorsements, and tags as digital products. In 2021, the department launched a pilot program to determine the feasibility of implementing digital versions of physical licenses, tags, and permits. The results of the pilot program were favorable, and the department is therefore proceeding with respect to making all recreational fishing licenses, stamp endorsements, and tags available as digital products.

The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits, would liberalize commercial harvest regulations for greater amberjack in Texas state waters by increasing the maximum length (currently 34 total inches) to match the current federal standard, which is 40 inches (total length). The amendment is intended to make commercial harvest regulations for greater amberjack consistent with federal regulations, which the department believes will prevent confusion and enhance compliance, administration, and enforcement.

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

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 repeals and the proposed amendment to §57.982 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. With respect to the proposed amendment to §57.992, which affects commercial fisheries, the rules are necessary to comport state rules with federal rules and affect conduct that would be unlawful under federal law without respect to state action. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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.

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: neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation, but modify existing regulations; will repeal an existing regulation, but will not limit an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Dakus Geeslin (Coastal Fisheries), at (512) 389-8734 (email: Dakus.Geeslin@tpwd.texas.gov). Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION

DIVISION 2. STATEWIDE RECREATIONAL FISHING PROCLAMATION

31 TAC §57.981

The amendment is proposed under the authority of Parks and Wildlife Code, Parks and Wildlife Code, §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; and 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 amendment affects Parks and Wildlife Code, Chapters 46 and 61.

§57.981.Bag, Possession, and Length Limits.

(a) - (b) (No change.)

(1) - (4) (No change)

(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.

(A) - (F) (No change.)

(G) Drum, red.

(i) - (iii) (No change.)

(iv) Except as provided in this subparagraph for red drum taken under a digital product issued under the provisions of §53.18 of this title (relating to Digital Products), [~~During a license year,~~] one red drum exceeding the maximum length limit established by this subparagraph may be retained per license year when affixed with a properly executed Red Drum Tag, a properly executed Exempt Angler Red Drum Tag, or with a properly executed Duplicate Exempt Red Drum Tag, and one red drum over the stated maximum length limit may be retained when affixed with a properly executed Bonus Red Drum Tag. Any fish retained under authority of a Red Drum Tag, an Exempt Angler Red Drum Tag, a Duplicate Exempt Red Drum Tag, or a Bonus Red Drum Tag may be retained in addition to the daily bag and possession limit as provided in this section.

(v) A person who lawfully takes a red drum exceeding the maximum length limit under a digital product [~~license~~ ] issued under the provisions of §53.18 of this title [§53.3(a)(12) this title (relating to Super Combination Hunting and Fishing License Packages) or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the maximum length limit established by this subparagraph] is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of physical [~~license~~] tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the red drum is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.

(vi) It is an offense for any person to possess a red drum exceeding the maximum length established by this subparagraph under a digital product [~~license or digital tagging~~] option without being in immediate physical possession of an electronic device that is:

(I) - (II) (No change.)

(vii) (No change.)

(H) - (N) (No change.)

(O) Seatrout, spotted.

(i) - (iii) (No change.)

(iv) Except as provided in clause (v)(II) of this subparagraph, a person may retain [~~Only~~] one spotted seatrout greater than 28 [30] inches [~~may be retained~~] per license year [~~day~~]. A spotted seatrout retained under this clause [~~subclause~~] counts as part of the daily bag and possession limit.

(v) During a license year, a person fishing under an appropriate physical product may:

(I) retain one spotted seatrout exceeding the length limit established by clause (iv) this subparagraph, provided a properly executed Spotted Seatrout Tag, a properly executed Exempt Angler Spotted Seatrout Tag, or a properly executed Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish; and

(II) additionally, may retain one spotted seatrout exceeding the length limit established by clause (iv) of this subparagraph in addition to a spotted seatrout retained under the provisions of subclause (I) of this clause, provided a properly executed Bonus Spotted Seatrout Tag or properly executed Duplicate Bonus Spotted Seatrout Tag has been affixed to the fish.

(vi) It is an offense for any person to possess a spotted seatrout exceeding the length limit established by clause (iv) of this subparagraph under a digital product issued under the provisions of §53.18 of this title (relating to Digital Products) without being in immediate physical possession of an electronic device that is:

(I) loaded with the mobile or web application designated by the department for harvest reporting under this section; and

(II) capable of uploading the harvest report required by this section.

(vii) A person who takes a spotted seatrout under a digital product issued under the provisions of §53.18 of this title or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the length limit established by clause (iv) of this subparagraph is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of physical license products for spotted seatrout; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the spotted seatrout is responsible for ensuring that the report required by this subsection is uploaded to the department immediately upon the availability of network connectivity.

(viii) A person who is fishing under a license identified in §53.4(a)(1) of this title and selected the fulfilment of physical tags must comply with the tagging requirements of this chapter that are applicable to the tagging of spotted seatrout.

(P) - (Y) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500463

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

31 TAC §57.984, §57.985

The repeals are proposed under the authority of Parks and Wildlife Code, §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; and 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 repeals affect Parks and Wildlife Code, Chapters 46 and 61.

§57.984.Special Provisions - Digital Exempt Angler Tags.

§57.985.Spotted Seatrout- Special Provisions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500462

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

DIVISION 3. STATEWIDE COMMERCIAL FISHING PROCLAMATION

31 TAC §57.992

The amendment is 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 amendment affects Parks and Wildlife Code, Chapter 61.

§57.992.Bag, Possession, and Length Limits.

(a) (No change.)

(b) There are no bag, possession, or length limits on game fish, non-game fish, or shellfish, except as otherwise provided in this subchapter.

(1) - (3) (No change.)

(A) Amberjack, greater.

(i) (No change.)

(ii) Minimum length: 40 [34] inches.

(iii) (No change.)

(B) - (N) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500464

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §58.21 and §58.164.

The proposed amendment to §58.21, concerning Taking or Attempting to Take Oysters from Public Oyster Beds; General Rules, would eliminate provisions that expired on their own terms on November 1, 2024, and are therefore no longer necessary.

The proposed amendment to §58.164, concerning Shrimping Inside Waters - Commercial Bait Shrimping, would make nonsubstantive changes to insert a missing preposition in subsection (b)(2)(A) and eliminate duplicated language in subsection (d). The Texas Parks and Wildlife Commission finds that the alterations are prudent because they eliminate possible confusion.

Mr. Macdonald also has determined that for each of the first five years the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be accurate regulations.

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

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 do not 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.

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

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.

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: neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald (512) 389-4775, email: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER A. STATEWIDE OYSTER FISHERY PROCLAMATION

31 TAC §58.21

The amendment is proposed under Parks and Wildlife Code, §76.301, which authorizes the commission to regulate the taking, possession, purchase and sale of oysters, including prescribing the times, places, conditions, and means and manner of taking oysters.

The proposed amendment affects Parks and Wildlife Code, Chapter 76.

§58.21.Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules.

(a) - (b) (No change.)

(1) (No change.)

(2) No person may take or attempt to take oysters within an area described in this paragraph. The provisions of subparagraphs (A)(i)-(ii) cease effect on November 1, 2025. The provisions of subparagraph (A)(iii)-(iv) cease effect on November 1, 2026. [~~The provisions of subparagraph (B) of this paragraph cease on November 1, 2024.~~]

(A) Galveston Bay.

(i) - (iv) (No change.)

[(B) Espiritu Santo Bay- Josephine's Reef. The area within the boundaries of a line beginning at 28° 18' 42.6"N, 96° 35' 48.9"W (28.311833°N, -96.596916°W; corner marker buoy A); thence, to 28° 18' 34.7"N, 96° 35' 42.0"W (28.309651°N, -96.594988°W; corner marker buoy B); thence to 28° 18' 22.1"N, 96° 36' 00.3"W (28.306142°N, -96.600075°W; corner marker buoy C); thence to 28° 18' 30.0"N, 96° 36' 07.2"W (28.308324°N, -96.602004°W; corner marker buoy D); and thence back to corner marker buoy A.]

(B) [~~(C)~~] Christmas Bay, Brazoria County.

(D) [~~(E)~~] Powderhorn Lake, Calhoun County.

(E) [~~(F)~~] Hynes Bay, Refugio County.

(F) [~~(G)~~] St. Charles Bay, Aransas County.

(G) [~~(H)~~] South Bay, Cameron County.

(H) [~~(I)~~] Mesquite Bay, Aransas and Calhoun counties.

(I) [~~(J)~~] Carlos Bay, Aransas County. The area within the boundaries of Carlos Bay from the border of Mesquite Bay to a line beginning at 28° 06' 52.19"N, 96° 55' 32.52"W (28.11450°N, -96.92570°W) and ending at 28° 06' 38.19"N, 96° 53' 17.41"W (28.11061°N, -96.88817°W).

(J) [~~(K)~~] Ayres Bay, Calhoun County. The area within the boundaries of Ayres Bay from the border of Mesquite Bay to a line beginning at 28° 12' 50.18"N, 96° 48' 44.53"W (28.21394°N, -96.81237°W) and ending at 28° 11' 17.05"N, 96° 47' 32.38"W (28.18807°N, -96.79233°W).

(K) [~~(L)~~] Areas along all shorelines extending 300 feet from the water's edge, including all oysters (whether submerged or not) landward of this 300-foot line.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500458

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

SUBCHAPTER B. STATEWIDE SHRIMP FISHERY PROCLAMATION

31 TAC §58.164

The amendment is proposed under Parks and Wildlife Code, §77.007, which authorizes the commission to regulate the catching, possession, purchase, and sale of shrimp.

The proposed amendment affects Parks and Wildlife Code, Chapter 77.

§58.164.Shrimping Inside Waters' Commercial Bait Shrimping.

(a) (No change.)

(b) Commercial bait-shrimp season.

(1) (No change.)

(2) Legal shrimping hours.

(A) From August 15 through March 31 legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

(B) - (C) (No change.)

(d) Size limits [~~Size limits~~]: Shrimp of any size may be retained when caught lawfully during commercial bait-shrimp operations in inside waters.

(e) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500459

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

CHAPTER 65. WILDLIFE

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.7, 65.8, 65.10, 65.29, 65.42, 65.62, and 65.64, concerning the Statewide Hunting Proclamation.

The proposed amendments to §65.7, concerning Application, §65.8, concerning Alternative Licensing System, and §65.10, concerning Possession of Wildlife Resources, would make conforming changes to accommodate proposed amendments to Chapter 53, concerning Finance, published elsewhere in this issue of the Texas Register, that would provide for the issuance of digital versions of all recreational hunting licenses, stamp endorsements, tags, and selected permits that are currently available directly to the public as physical products. In 2021, the department launched a pilot program to determine the feasibility of implementing digital versions of physical licenses, stamp endorsements, tags, and permits. The results of the pilot program were favorable, and the department is therefore proceeding with respect to making all recreational license products currently available directly to the public available in a digital version.

The proposed amendment to §65.29, concerning Managed Lands Deer Program (MLDP), would allow the take of mule deer under the appropriate MLDP tag by any lawful means at any time during the period of validity of the tag (from the Saturday closest to September 30 through the last Sunday in January). Under current rule, lawful means of harvest is restricted to lawful archery equipment from the Saturday closest to September 30 for 35 consecutive days, which mirrors the current archery-only season dates established in the county regulations in §65.42, concerning Deer. Because the total harvest on MLDP properties is controlled by the department through the issuance of tags issued to landowners, the department has determined there is no biological reason not to provide landowners and land managers enrolled in the MLDP the latitude to attain their harvest quota at their own discretion by any means lawful in the county of take (which has long been the case on MLDP properties with respect to the harvest of white-tailed deer).

The proposed amendment to §65.42, concerning Deer, would expand the archery-only season for mule deer from 35 days to 62 days in Brewster, Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties. In addition, the proposed amendment would expand the archery-only season for mule deer from 35 to 56 days in those Panhandle counties that have an archery-only season for mule deer. The proposed amendment is intended to provide additional hunting opportunity for archery enthusiasts and will not result in depletion or waste of the resource, as hunter success with respect to archery harvest of mule deer is generally quite low and the harvest regulations for antlerless mule deer are very conservative. The proposed amendment would in essence continue the current archery season in each affected county until opening day of the general season. The proposed amendment would also make conforming changes to provisions governing digital products, for reasons discussed earlier in this preamble. Finally, the proposed amendment to §65.42 would eliminate subsection (c)(6) which is no longer necessary because the department has eliminated CWD management zones.

The proposed amendment to §65.62, concerning Quail: Open Seasons, Bag and Possession Limits, would alter the current season structure by closing the season on the last day of February rather than the last Sunday in February. Under the existing regulatory structure, the last Sunday in February often falls on a different date each year, potentially creating confusion amongst hunters, landowners, and other interested parties. The proposed change would result in an additional 2.6 days of hunting per year over the next decade, with similar levels thereafter, which the department has determined will not result in depletion or waste of the resource.

The proposed amendment to §65.64, concerning Turkey, would open a fall (first Saturday in November through the first Sunday in January, either sex) and spring (Saturday closest to April 1 for 44 consecutive days, gobblers or bearded hens) season for turkeys in Lubbock County, with a four-bird annual bag limit. The department has determined that there is no biological reason not to allow the take of turkey in Lubbock County and that the proposed open seasons will not result in depletion or waste. The proposed amendment also would make conforming changes to provisions governing digital products, for reason discussed earlier in this preamble, clarify the boundaries for turkey seasons in Hill County to accommodate the fact that Interstate Highway 35 is divided into I-35 West and I-35 East, and insert season dates that were inadvertently omitted in a previous publication.

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

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.

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

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.

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: neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit an existing regulation, but will expand an existing regulation (by lengthening archery seasons for mule deer); neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments concerning the proposed rules affecting big game species may be submitted to Shawn Gray at (432) 837-0666, e-mail: shawn.gray@tpwd.texas.gov. Comments concerning the proposed rules affecting turkey may be submitted to Shaun Oldenburger at (512) 757-6067, email: shaun.oldenburger@tpwd.texas.gov. Comments also may be submitted via the department's website at https://tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER A. STATEWIDE HUNTING PROCLAMATION

DIVISION 1. GENERAL PROVISIONS

31 TAC §§65.7, 65.8, 65.10, 65.29

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.

§65.7.Harvest Log.

(a) The provisions of this subsection apply only to a person who has acquired [~~in possession of~~] a physical license purchased through an automated point-of-sale system and do not apply to a person who has acquired a digital license identified in §53.18 of this title (relating to Digital Products) [issued by the department pursuant to §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4 of this title (relating to Lifetime Licenses) or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags)].

(1) - (2) (No change.)

(b) (No change.)

§65.8.Alternative Licensing System.

(a) - (c) (No change.)

(d) This section does not apply to the digital products [~~licenses~~] identified in §53.18 of this title (relating to Digital Products) [§53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4 of this title (relating to Lifetime Licenses), or §53.5(a)(3) (relating to Recreational Hunting Licenses, Stamps, and Tags)].

§65.10.Possession of Wildlife Resources.

(a) (No change.)

(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.

(1) - (4) (No change.)

(5) Except as provided in paragraph (3) of this subsection, the tagging requirements for deer and turkey taken under a digital license issued under the provisions of §53.18 of this title (relating to Digital Products) [§53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing License Packages), under the digital tagging option of §53.4 of this title (relating to Lifetime Licenses), and §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags)] are prescribed in subsection (e) of this section.

(6) (No change.)

(e) A person who lawfully kills a deer or turkey under the [a] digital version of a license identified in §53.18 of this title [issued under the provisions of §53.3(a)(12) of this title, the digital tagging option under §53.4 of this title or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags)] is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use or possession of physical license tags for those species; however, that person shall ensure that immediately upon take a harvest report is created and submitted via a mobile or web application provided by the department for that purpose.

(1) - (3) (No change.)

(f) - (m) (No change.)

§65.29.Managed Lands Deer Program (MLDP).

(a) - (c) (No change.)

(d) MLDP--Mule Deer.

(1) The provisions of subsection (c)(2)(A) - (H) of this section also shall govern the authorization and conduct of program participation with respect to mule deer, except[:]

[~~(1)~~] the harvest of mule deer shall occur only between the Saturday closest to September 30 and the last Sunday of January, during which mule deer may be taken by any lawful means[~~, as follows:~~]

~~[(A) from the Saturday closest to September 30 for 35 consecutive days, the lawful means of harvest is restricted to lawful archery equipment; and]~~

~~[(B) from the first Saturday in November through the last Sunday in January any lawful means may be used to harvest deer; and]~~

(2) Program [~~program~~] eligibility is specifically restricted to tracts of land in counties for which an open season for mule deer is provided under §65.42 of this title.

(e) - (f) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500465

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

DIVISION 2. OPEN SEASONS AND BAG LIMITS

31 TAC §§65.42, 65.62, 65.64

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

§65.42.Deer.

(a) General.

(1) - (4) (No change.)

(5) In the counties or portions of counties listed in subsection (b)(2)(G) 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) of this section. This paragraph does not apply to antlerless deer harvested under a digital license issued by the department pursuant to §53.18 of this title (relating to Digital Products) [§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) (No charge.)

(1) - (4) (No change.)

(5) Archery-only open seasons and bag and possession limits shall be as follows.

(A) In Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle, [~~Crane, Crockett,~~] Crosby, [~~Culberson,~~] Dallam, Dawson, Deaf Smith, Dickens, Donley, [~~Ector, El Paso,~~] Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, [~~Hudspeth,~~] Hutchinson, [~~Jeff Davis,~~] Kent, King, Knox, Lamb, Lipscomb, [~~Loving,~~] Lubbock, Lynn, Martin, [~~Midland,~~] Moore, Motley, Ochiltree, Oldham, Parmer, Potter, [~~Presidio,~~] Randall, [~~Reagan, Reeves,~~] Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, [~~Upton, Val Verde, Ward,~~] Wheeler, [~~Winkler,~~] and Yoakum counties:

(i) from the Saturday closest to September 30 for 56 [35] consecutive days; and

(ii) (No change.)

(B) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties:

(i) from the Saturday closest to September 30 for 62 consecutive days; and

(ii) bag limit: one buck.

(i) from the Saturday closest to September 30 for 62 [35] consecutive days.

(ii) (No change.)

(D) [~~(C)~~] In all other counties, there is no archery-only open season for mule deer.

~~[(6) There are no antler restrictions within a Containment Zone or Surveillance Zone established under the provisions of Subchapter B, Division 1 of this chapter.]~~ §65.62.Quail: Open Seasons, Bag and Possession Limits.

(a) In all counties there is an open season for quail beginning the Saturday closest to October 28 through the last day [~~Sunday~~] in February.

(b) - (d) (No change.)

§65.64.Turkey.

(a) (No change.)

(b) The open seasons and bag limits for turkey shall be as follows.

(1) Fall seasons and bag limits:

(A) - (B) (No change.)

(C) The counties and portions of 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 (west of Interstate Highway 35), Hemphill, Hill (west of Interstate Highway 35 East [35]), Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lampasas, Lipscomb, Llano, Lubbock, Lynn, Martin, Mason, McCulloch, McLennan (west of Interstate Highway 35), Medina (north of U.S. Highway 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Throckmorton, Tom Green, Travis (west of Interstate Highway 35), Upton, Uvalde (north of U.S. Highway 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 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, 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 (south of Interstate Highway 10), Hall, Hamilton, Hardeman, Hartley, Haskell, Hays (west of Interstate Highway 35), Hemphill, Hill (west of Interstate Highway 35 East [35]), Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Hwy. 90), Knox, Lampasas, Lipscomb, Llano, Lubbock, 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, Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, 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) - (ii) (No change.)

(B) (No change.)

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

(i) Open season: from April 1 through April 30.

(ii) (No change.)

(D) (No change.)

(4) (No change.)

(c) Except as provided by §65.10 of this title for turkeys harvested under a digital license issued pursuant to §53.18 of this title (relating to Digital Products) [~~§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.

(d) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500466

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775

SUBCHAPTER N. MIGRATORY GAME BIRD PROCLAMATION

31 TAC §§65.314 - 65.320

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 2025-2026 seasons. Except as noted in the discussion of the proposed seasons for the Special White-winged Dove Area (SWWDA), teal, falconry, ducks in the High Plains Mallard Management Unit (HPMMU), the season dates for rails and gallinules, and the proposed daily bag limits for pintail, the rules as proposed 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 again implement a slightly different structure for the 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, since nearly half of the hunters in the SWWDA zone travel from outside of the zone. 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 2025-26 calendar, however, presents a challenge because September 1, 2025, (the earliest possible day for SWWDA hunting) falls on a Monday, so there are not two complete three-day weekends available before the full-day dove hunting can begin. The department has determined that in keeping with hunter and landowner preference, this year's SWWDA dates would be best employed by implementing a five-day season structure of September 5-7 (a traditional three-day weekend) and September 12-13 (Friday and Saturday), which is the last two days before the earliest possible date that full-day dove hunting can be provided under the federal frameworks (September 14).

The proposed amendment to §65. 315, concerning Ducks, Coots, Mergansers, and Teal, would reduce the length of the early teal season from 16 days to nine days, which is the maximum allowed under this year's federal frameworks. The proposed amendment to §65.315 also would increase the HPMMU season by seven days. Under the federal frameworks, Texas is allowed 107 total days of duck hunting opportunity. Because the federal frameworks for 2025-26 mandate a seven-day reduction in early teal season opportunity, those seven days can be allocated elsewhere; therefore, the department proposes to add the seven days to the beginning of the season in the HPMMU to provide additional opportunity for species that arrive early in Texas, especially teal.

The proposed amendment to §65.315, concerning Ducks, Coots, Mergansers, and Teal, would also alter subsection (c) to increase the daily bag limit for pintails from one to three. The Service recently adopted a new Pintail Harvest Strategy that includes the option for a three-bird daily bag limit. In keeping with long-standing commission policy to provide the most liberal hunting opportunity possible under the federal frameworks, consistent with the tenets of sound biological management, the department therefore proposes to increase the bag limit in accordance with the Service's harvest strategy.

The proposed amendment to §65.319, concerning Gallinules, Rails, Snipe, Woodcock, would result in a slightly different season structure for rails and gallinules. Typically, the department establishes a split-season structure for rail and gallinule seasons, the first segment to run concurrently with the early teal season and the second segment to open concurrently with the South Zone duck season and run for 70 days (thereby utilizing the maximum number of days allotted for rail and gallinule seasons under the federal frameworks). Because of the seven-day reduction in the early teal season mandated under the federal frameworks, retaining the traditional season structure results in a nine-day first segment for rail and gallinule seasons, with seven days added to the end of the second segment, which the department believes optimizes hunting opportunity for rail and gallinule hunters.

The proposed amendment to §65.320, concerning Extended Falconry Seasons, would allow for expanded falconry opportunity for ducks, which is possible because of the additional seven days of opportunity resulting from the shortened early teal season discussed previously in this preamble.

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.

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

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.

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

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.

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: neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create, limit, or expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

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

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.

§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 9, 2025 and December 19, 2025 - January 7, 2026 [~~September 1 - November 10, 2024 and December 20, 2024 - January 7, 2025~~].

(B) (No change.)

(2) Central Zone.

(A) Dates: September 1 - October 26, 2025 and December 12, 2025 - January 14, 2026 [~~September 1 - October 27, 2024 and December 13, 2024 - January 14, 2025~~].

(B) (No change.)

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

(A) Special White-winged Dove Area Season.

(i) Dates: September 5-7, 12-13, 2025 [~~September 1-2, 6-8, 13, 2024~~].

(ii) (No change.)

(B) South Zone Season.

(i) Dates: September 14 - October 26, 2025 and December 12, 2025 - January 22, 2026 [~~September 14 - October 27, 2024 and December 13, 2024 - January 21, 2025~~].

(ii) (No change.) §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 18-19 and October 24, 2025 - January 25, 2026 [~~October 26-27, 2024 and November 1, 2024 - January 26, 2025~~]; and

(B) "dusky ducks": October 27, 2025 - January 25, 2026 [~~November 4, 2024 - January 26, 2025~~].

(2) North Zone.

(A) For all species other than "dusky ducks": November 8-30, 2025 and December 6, 2025 - January 25, 2026 [~~November 9 - December 1, 2024 and December 7, 2024 - January 26, 2025~~]; and

(B) "dusky ducks": November 13-30, 2025 and December 6, 2025 - January 25, 2026 [~~November 14, 2024 - December 1, 2024 and December 7, 2024 - January 26, 2025~~].

(3) South Zone.

(A) For all species other than "dusky ducks": November 1-30, 2025 and December 13, 2025 - January 25, 2026 [~~November 2 - December 1, 2024 and December 14, 2024 - January 26, 2025~~]; and

(B) "dusky ducks": November 6-30, 2025 and December 13, 2025 - January 25, 2026 [~~November 7 - December 1, 2024 and December 14, 2024 - January 26, 2025~~].

(4) September teal-only season.

(A) (No change.)

(B) Dates: September 20-28, 2025 [~~14-29, 2024~~].

(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; three pintails [~~one pintail~~]; and one "dusky" duck (mottled duck, Mexican 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) (No change.)

(b) Season dates and bag limits.

(1) Western Zone.

(A) Light geese: November 1, 2025 - February 1, 2026 [~~November 2, 2024 - February 2, 2025~~]. The daily bag limit for light geese is five.

(B) Dark geese: November 1, 2025 - February 1, 2026 [~~November 2, 2024 - February 2, 2025~~]. The daily bag limit for dark geese is five.

(2) Eastern Zone.

(A) Light geese: November 1, 2025 - February 15, 2026 [~~November 2, 2024 - February 14, 2025~~]. The daily bag limit for light geese is five.

(B) Dark geese:

(i) Season: November 1, 2025 - January 25, 2026 [~~November 2, 2024 - January 26, 2025~~];

(ii) (No change.)

(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 13-28, 2025 [~~September 14-29, 2024~~].

(2) (No change.) §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 11-12, 2025 [~~October 19-20, 2024~~];

(B) (No change.)

(2) North Duck Zone:

(A) season dates: November 1-2, 2025 [~~November 2-3, 2024~~];

(B) (No change.)

(3) South Duck Zone:

(A) season dates: October 25-26, 2025 [~~October 26-27, 2024~~];

(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 11-12, 2025 [~~October 19-20, 2024~~];

(ii) (No change.)

(B) North Duck Zone:

(i) season dates: November 1-2, 2025 [~~November 2-3, 2024~~];

(ii) (No change.)

(i) season dates: October 25-26, 2025 [~~October 26-27, 2024~~];

(ii) (No change.)

(4) (No change.)

§65.318.Sandhill Crane.

(a) (No change.)

(b) Season dates and bag limits.

(1) Zone A: October 25, 2025 - January 25, 2026 [~~October 26, 2024 - January 26, 2025~~]. The daily bag limit is three.

(2) Zone B: November 21, 2025 - January 25, 2026 [~~November 22, 2024 - January 26, 2025~~]. The daily bag limit is three.

(3) Zone C: December 13, 2025 - January 18, 2026 [~~December 14, 2024 - January 19, 2025~~]. The daily bag limit is two.

(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 20-28 and November 1 - December 31, 2025 [~~September 14-29 and November 2 - December 25, 2024~~].

(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 20-28 and November 1 - December 31, 2025 [~~September 14-29 and November 2 - December 25, 2024~~].

(2) (No change.)

(1) Season dates: November 1, 2025 - February 15, 2026 [~~November 2, 2024 - February 16, 2025~~].

(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, 2025 - January 31, 2026 [~~December 18, 2024 - January 31, 2025~~].

(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 14 - November 30, 2025 [~~November 15 - December 1, 2024~~].

(2) Duck, gallinule, moorhen, rail, and woodcock: January 26 - February 15, 2026 [~~January 27 - February 10, 2025~~].

(3) - (4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 10, 2025.

TRD-202500467

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 23, 2025

For further information, please call: (512) 389-4775