Proposed Rules Title 31

TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 53. FINANCE

SUBCHAPTER A. FEES

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

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§53.2, 53.3, 53.6, and 53.18, concerning License, Permit, and Boat and Motor Fees. The proposed amendments would provide for the issuance of the Exempt Angler Spotted Seatrout Tag, the Bonus Spotted Seatrout Tag, and duplicates of those tags, and establish the fee associated with the various versions of the tag.

In another rulemaking published elsewhere in this issue of the Texas Register, the department is proposing an annual retention limit of one spotted seatrout of 30 inches or greater ("oversized" spotted seatrout) per appropriately licensed saltwater angler per year. The rules would allow retention of the oversized fish via a spotted seatrout tag, which would be included at no cost with the purchase of an appropriate saltwater license or saltwater endorsement. Those rules also would provide for an Exempt Angler Spotted Seatrout Tag and Bonus Spotted Seatrout Tag, which could be purchased separately from the department. As explained in the preamble to that proposal, the department is attempting to facilitate the recovery of spotted seatrout populations from extreme population impacts resulting from Winter Storm Uri in February, 2021, while still providing some opportunity for the public to harvest "trophy" spotted seatrout.

The amendments proposed in this rulemaking would make changes necessary to include the spotted seatrout tag in the various licenses and license packages, provide for a Bonus Spotted Seatrout Tag, provide for issuance of duplicate tags for lost or destroyed tags, provide a mechanism for persons who are exempt by statute or rule from license requirements to obtain tags, provide for the use of digital versions of the tags, and establish the tag fee ($3.00).

If adopted, the proposed amendments would take effect for the next license year, which begins September 1, 2024.

Dakus Geeslin, Deputy Director, Coastal Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be fiscal implications to state government as a result of administering or enforcing the rules in the form of revenues realized as a result of the sales of the Exempt Angler Spotted Seatrout Tag and the Bonus Spotted Seatrout Tag. The department estimates that the sales of various forms of spotted seatrout tags could reach volumes similar to those of red drum tags. On average for the past five license years, the department sold a mean of approximately 27,900 bonus red drum tags per year and a mean of approximately 7,100 exempt angler red drum tags per year. The department believes that because of the more limited abundance of oversized seatrout and different life history characteristics of the species, fewer people will buy the spotted seatrout tag than the red drum tag, but if an equivalent number of people purchased seatrout tags, then the maximum revenue increase per year would be approximately $105,000.

There will be no fiscal implications for other units of state or local government.

Mr. Geeslin 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 establishment of fees necessary to provide anglers with the opportunity to retain oversized spotted seatrout consistent with the discharge of the agency's statutory duty to protect and conserve the fisheries resources of this state.

There will be no effect on persons required to comply with the rules as proposed, as the decision to retain an oversized spotted seatrout in addition to the oversized spotted seatrout retention opportunity afforded via a license tag is voluntary; however, for persons choosing to retain oversized spotted seatrout under the rules as proposed there will be a cost in the form of a $3.00 fee for a Bonus Spotted Seatrout Tag. Anglers exempt from fishing license requirements who desire to retain a spotted seatrout of 30 inches or greater in length would have to purchase an Exempt Angler Spotted Seatrout Tag at a cost of $3.00 to do so.

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 spotted seatrout, by statute, cannot be harvested for commercial purposes and because the proposed rules regulate recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore does 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 directly impact local economies, as the rules affect only personal license privileges attached to the purchase of a saltwater fishing license or saltwater endorsement.

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; affect the amount of any fee (by implementing a fee for the Exempt Angler Tag and the Bonus Tag); not create a new regulation per se, but will modify an existing regulation; not repeal, limit, or expand a regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

The department has determined that the proposed rules are in compliance with Government Code, §505.11 (Actions and Rule Amendments Subject to the Coastal Management Program).

Comments on the proposed amendment may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8734; e-mail: cfish@tpwd.texas.gov or via the department's website at http://www.tpwd.texas.gov/.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 46 which authorizes the commission to prescribe fees for initial and duplicate tags for the take of finfish and to prescribe tagging requirements for the take of finfish; and 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

The proposed amendments affect Parks and Wildlife Code, Chapter 46.

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

(a) (No change.)

(b) Fishing license possession.

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

(3) No person may catch and retain a spotted seatrout 30 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.

§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) (No change.)

(2) Resident combination hunting and saltwater fishing package--$55. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(3) Resident combination hunting and "all water" fishing package--$60. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(4) (No change.)

(5) Resident senior combination hunting and saltwater fishing package--$21. Package consists of a senior resident hunting license, a senior resident fishing license, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(6) Resident senior combination hunting and "all water" fishing package--$26. Package consists of a senior resident hunting license, a senior resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(7) Resident super combination hunting and "all water" fishing package--$68. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, [~~and~~] a saltwater sportfishing stamp, a spotted seatrout tag, and [~~with~~] a red drum tag;

(8) Resident senior super combination hunting and "all water" fishing package--$32. Package consists of a senior resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a senior resident fishing license, a freshwater fish stamp, [~~and~~] a saltwater sportfishing stamp, a spotted seatrout tag, and [~~with~~] a red drum tag;

(9) Resident disabled veteran super combination hunting and "all water" fishing package--$0. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, [~~and~~] a saltwater sportfishing stamp, a spotted seatrout tag, and [~~with~~] a red drum tag;

(10) Nonresident disabled veteran super combination hunting and "all water" fishing package--$0. Package consists of a resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, [~~and~~] a saltwater sportfishing stamp, a spotted seatrout tag, and [~~with~~] a red drum tag. For purposes of this paragraph, a nonresident disabled veteran is a resident for the purpose of obtaining a super combination hunting and "all water" fishing package.

(11) Texas resident active duty military super combination hunting and "all water" fishing package--$0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, [~~and~~] a saltwater sportfishing stamp, a spotted seatrout tag, and [~~with~~] a red drum tag; and

(12) - (13) (No change.)

(b) (No change.)

§53.6.Recreational Fishing Licenses, Stamps, and Tags.

(a) The items listed in this subsection are sold only as part of a package. The price and terms of these items are as follows:

(1) (No change.)

(2) special resident fishing license (valid for residents who are legally blind as described in Parks and Wildlife Code, §46.004)--$7 (one red drum and one spotted seatrout tag shall be available at no additional charge with the purchase of a special resident fishing license);

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

(6) Texas resident active duty military "all water" fishing package--$0. Package consists of a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum and a spotted seatrout tag.

(b) The items listed in this subsection may be sold individually or as part of a package. Stamps sold individually shall be valid from the date of purchase or the start date of the license year, whichever is later, through the last day of the license year. Stamps sold as part of a fishing package shall be valid for the same time period as the license included in the package as specified in this rule. The price of these stamps is as follows:

(1) (No change.)

(2) saltwater sportfishing stamp--$7 plus a saltwater sportfishing stamp surcharge of $3. A red drum tag and a spotted seatrout tag shall be issued at no additional charge with each saltwater sportfishing stamp.

(c) Fishing packages and licenses. The price of any fishing package shall be the sum of the price of the individual items included in the package:

(1) (No change.)

(2) resident saltwater fishing package--$35. Package consists of a resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(3) resident "all water" fishing package--$40. Package consists of a resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(4) (No change.)

(5) senior resident saltwater fishing package--$17. Package consists of a senior resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(6) senior resident "all water" fishing package--$22. Package consists of a senior resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(7) "year-from-purchase" resident "all water" fishing package--$47. Package consists of a "year-from-purchase" resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(8) resident one-day "all water" fishing license--$11. One red drum tag and one spotted seatrout tag shall be available at no additional charge with the purchase of the first one-day license only;

(9) (No change.)

(10) non-resident saltwater fishing package--$63. Package consists of a non-resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(11) non-resident "all water" fishing package--$68. Package consists of a non-resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(12) non-resident one-day "all water" fishing license--$16. One red drum tag and one spotted seatrout tagshall be available at no additional charge with the purchase of the first one-day license only; and

(13) (No change.)

(d) (No change.)

(e) Fishing tags:

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

(3) exempt angler spotted seatrout tag--$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 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) [~~(3)~~] individual bait-shrimp trawl tag--$37; and

(6) [~~(4)~~] saltwater trotline tag--$5.

§53.18.License Issuance Procedures, Fees, Possession, and Exemption Rules - Provisions for Digital Products.

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

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

(3) A person may catch and retain a spotted seatrout 30 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) (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 12, 2024.

TRD-202400538

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 24, 2024

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

CHAPTER 57. FISHERIES

SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §57.972 and §57.984, and new §57.985, concerning the Statewide Recreational and Commercial Fishing Proclamation.

The proposed amendments and new section would replace the current daily oversized-fish retention limit provisions of §57.981(c)(5)(O)(iv) and replace them with an annual limit of one spotted seatrout of 30 inches or greater, which would be administered under a tagging system similar to that currently in effect for red drum. If adopted, the proposed amendments and new section would eliminate the current provision regarding the retention of oversized spotted seatrout (as part of the daily bag limit) as soon as practicable and implement an annual limit for the retention of oversize spotted seatrout under a tagging system, which would take effect September 1, 2024. The department notes that between the time the proposed amendments take effect (if adopted) and September 1, 2024, the retention of spotted seatrout of 20 inches or greater would be prohibited.

In February of 2021 Winter Storm Uri resulted in the largest freeze-related fish kill on the Texas Gulf coast since the 1980's, severely impacting spotted seatrout populations coastwide. In an effort to accelerate recovery of the spotted seatrout population, the department promulgated an emergency rule (subsequently replaced via the normal rulemaking process) that implemented reduced bag and slot (a mechanism to protect certain age classes) limits. Those provisions included an automatic expiration date of August 31, 2023, at which time the harvest regulations reverted to provisions that were in effect before the freeze event. Department monitoring has continuously indicated lower post-freeze catch rates (compared to the previous ten-year average), and the commission accordingly recently acted to implement continued measures to enhance and accelerate population recovery, adopting rules (yet to take effect) that reduced the bag limit and narrowed the slot limit for spotted seatrout. As a result of deliberations at the January 24, 2024, meeting of the commission, the commission directed staff to develop a mechanism that would 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.

The proposed amendments and new section would negate the oversized fish exemption adopted at the January 24, 2024 commission meeting (allowing the retention of one spotted seatrout of 30 inches or more per day) and replace it with an annual limit of one spotted seatrout of 30 inches or greater per angler per year, which would be administered by a tagging system similar to that currently in effect for oversized red drum. A spotted seatrout tag would be included at no additional cost with the purchase of a saltwater fishing endorsement or any license type that includes the saltwater fishing endorsement. The proposed rules would additionally allow anglers who are exempt by statute or rule of the commission from fishing license requirements to purchase an Exempt Angler Tag for $3.00. Additionally, the proposed rules would allow anglers to harvest a second spotted seatrout of 30 inches or greater per year by creating a bonus tag for that purpose, obtained by paying a fee of $3.00.

The rules as proposed will not interfere with or confound the intent of the harvest rules adopted in January 2024, which are intended to increase the overall spawning stock biomass by reducing the bag limit and protecting spotted seatrout between 15 inches and 20 inches in length (which represents the overwhelming majority of reproductive potential) while providing anglers the continued opportunity to harvest a limited number of "trophy" spotted seatrout, as spotted seatrout of 30 inches or greater are not numerous.

There will be no fiscal implications for other units of state or local government.

Mr. Geeslin 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 fisheries resources of this state by protecting fisheries resources from depletion. In addition, the rules will increase the long-term sustainability of the resource, based on projected future impacts and expected changes to the fishery based on fishing pressure. This is accomplished while still maintaining opportunities for angling and retention of large spotted seatrout, and will increases the likelihood and opportunity for spotted seatrout to reach larger size classes.

There will be no effect on persons required to comply with the rules as proposed, as the decision to retain an oversized spotted seatrout in addition to the oversized spotted seatrout retention opportunity afforded via a license tag is voluntary; however, for persons choosing to retain oversized spotted seatrout under the rules as proposed there will be a cost in the form of a $3.00 fee for a Bonus Spotted Seatrout Tag. Anglers exempt from fishing license requirements who desire to retain a spotted seatrout 30 inches or greater in length would have to purchase an Exempt Angler Spotted Seatrout Tag at a cost of $3.00 to do so.

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; affect the amount of any fee (by implementing a fee for the Exempt Angler Tag and the Bonus Tag); not create a new regulation per se, but will modify an existing regulation; not repeal or limit a regulation, but will expand an existing regulation (by creating a tag requirement for oversized spotted seatrout); neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

The department has determined that the proposed rules are in compliance with Government Code, §505.11 (Actions and Rule Amendments Subject to the Coastal Management Program).

Comments on the proposed amendment may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8734; email: cfish@tpwd.texas.gov or via the department's website at http://www.tpwd.texas.gov/.

DIVISION 1. GENERAL PROVISIONS

31 TAC §57.972

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 46 which authorizes the commission to prescribe fees for initial and duplicate tags for the take of finfish and to prescribe tagging requirements for the take of finfish; and 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; 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; and 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 amendment affects Parks and Wildlife Code, Chapters 46 and 61.

§57.972.General Rules.

(a) - (f) (No change.)

(g) It is unlawful:

(1) - (13) (No change.)

(14) for any person to:

(A) - (G) (No change.)

(H) have in possession:

(i) both a Spotted Seatrout Tag and a Duplicate Spotted Seatrout Tag issued to the same license or saltwater stamp holder;

(ii) both an Exempt Angler Spotted Seatrout Tag and a Duplicate Exempt Angler Spotted Seatrout Tag issued to the same license holder; or

(iii) both a Bonus Spotted Seatrout Tag and a Duplicate Spotted Seatrout Tag issued to the same license or saltwater stamp holder.

(h) Harvest Log.

(1) (No change.)

(2) A person who takes a red drum or spotted seatrout in excess of the maximum length limit established in this chapter for those species shall complete, in ink, the harvest log on the back of the hunting or fishing license, as applicable, immediately upon kill, or, in the case of fish, upon retention.

(i) Alternative Licensing System.

(1) The requirements of this title that require the attachment of license tags to wildlife resources do not apply to any person in lawful possession of a license that was sold by the department without tags for red drum or spotted seatrout. A properly executed wildlife resource document must accompany any red drum or spotted seatrout in excess of maximum size limits established in this chapter for those species until the provisions of this title and Parks and Wildlife Code governing the possession of the particular wildlife resource cease to apply.

(2) (No change.)

(j) (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 12, 2024.

TRD-202400539

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 24, 2024

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

DIVISION 2. STATEWIDE RECREATIONAL FISHING PROCLAMATION

31 TAC §57.984, §57.985

The amendment and new section are proposed under the authority of Parks and Wildlife Code, Chapter 46 which authorizes the commission to prescribe fees for initial and duplicate tags for the take of finfish and to prescribe tagging requirements for the take of finfish; and 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; 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; and 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 amendment and new section affect Parks and Wildlife Code, Chapters 46 and 61.

§57.984.Special Provisions - Digital Exempt Angler Tags [~~Tag~~].

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

(c) One spotted seatrout exceeding the length limit established by §57.985(a) of this title (relating to Spotted Seatrout - Special Provisions) may be retained by a person who is by statute or rule exempt from fishing license possession requirements, provided the person has obtained a digital exempt angler spotted seatrout tag. A fish retained under the provisions of this section may be retained in addition to the daily bag and possession limit provided under §57.981(c)(5)(O) of this title.

(d) A person who lawfully takes a spotted seatrout under the provisions of subsection (c) of this section is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of 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 spotted seatrout is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.

§57.985.Spotted Seatrout - Special Provisions.

(a) On the effective date of this section, the provisions of §57.981(c)(5)(O)(iv) of this title (relating to Bag, Possession, and Length Limits) cease effect and no person may retain a spotted seatrout of 30 inches in length or greater except as provided in this section. To the extent that any provision of this section conflicts with any provision of §57.981(c)(5)(O) of this title, this section controls.

(b) The provisions of subsections (c) - (f) of this section take effect September 1, 2024.

(1) a properly executed Spotted Seatrout Tag, a properly executed Exempt Angler Spotted Seatrout Tag, or properly executed Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish; and

(2) one spotted seatrout exceeding the length limit established by subsection (a) of this section in addition to a spotted seatrout retained under the provisions of paragraph (1) of this section, provided a properly executed Bonus Spotted Seatrout Tag or properly executed Duplicate Bonus Spotted Seatrout Tag has been affixed to the fish.

(3) A spotted seatrout retained under a Spotted Seatrout Tag, an Exempt Angler Spotted Seatrout Tag, a Duplicate Exempt Spotted Seatrout Tag, or a Bonus Spotted Seatrout Tag may be retained in addition to the daily bag and possession limit as provided in §57.981(c)(5)(O) of this title.

(d) A person who lawfully takes a spotted seatrout under a digital license issued under the provisions of §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 in §57.981(c)(5)(O) of this title is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of 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 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.

(e) It is an offense for any person to possess a spotted seatrout exceeding the maximum length established by this section under a digital license or digital tagging option without being in immediate physical possession of an electronic device that is:

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

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

(f) 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 under a license that is not a digital license.

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 12, 2024.

TRD-202400541

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 24, 2024

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

CHAPTER 65. WILDLIFE

SUBCHAPTER A. STATEWIDE HUNTING PROCLAMATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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 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, and will expand an existing regulation (by requiring statewide reporting of all turkey harvest); 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 game bird rules may be submitted to Shaun Oldenburger at (512) 757-6067, email: shaun.oldenburger@tpwd.texas.gov. Comments concerning proposed rules for big game species may be submitted to Blaise Korzekwa at (512) 415-8459, e-mail: blaise.korzekwa@tpwd.texas.gov. Comments also may be submitted via the department's website at https://tpwd.texas.gov/business/feedback/public_comment/.

DIVISION 1. GENERAL PROVISIONS

31 TAC §§65.10, 65.11, 65.24, 65.29, 65.33

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

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

§65.10.Possession of Wildlife Resources.

(a) - (i) (No change.)

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

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

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

(i) (No change.)

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

(iii) - (iv) (No change.)

(2) (No change.)

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

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

(2) - (5) (No change.)

(l) - (m) (No change.)

§65.11.Lawful Means.

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

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

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

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

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

(B) - (E) (No change.)

(5) - (9) (No change.)

§65.24.Permits.

(a) (No change.)

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

§65.29.Managed Lands Deer Program (MLDP).

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

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

(1) Harvest Option (HO).

(A) - (C) (No change.)

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

(i) (No change.)

(ii) MLDP tags for buck deer are valid:

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

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

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

(E) (No change.)

(2) (No change.)

(d) - (e) (No change.)

(f) Special Provisions.

(1) The annual bag limit established under §65.42 of this title does not apply to deer lawfully taken and tagged under the provisions of this section. [~~On September 1, 2017:~~]

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

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

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

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

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

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

(3) Completion of the harvest log required under §65.7 of this title (relating to Harvest Log) is not required for deer lawfully tagged under the provisions of this section.

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

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

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

§65.33.Mandatory Check Stations.

(a) (No change.)

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

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

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 12, 2024.

TRD-202400535

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 24, 2024

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

DIVISION 2. OPEN SEASONS AND BAG LIMITS

31 TAC §§65.40, 65.42, 65.46, 65.48, 65.64

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

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

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

§65.42.Deer.

(a) General.

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

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

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

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

(1) (No change.)

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

(A) - (E) (No change.)

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

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

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

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

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

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

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

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

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

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

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

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

(i) - (ii) (No change.)

(K) [~~(L)~~] In all other counties, there is no General Season.

(3) - (6) (No change.)

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

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

(B) (No change.)

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

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

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

(F) - (G) (No change.)

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

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

(c) In the counties listed in subsection (a) of this section, there shall be a special youth-only general hunting season during which only licensed hunters 16 years of age or younger may hunt.

(1) open season: the Friday, Saturday, and Sunday immediately preceding October 1.

(2) (No change.)

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

(a) (No change.)

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

§65.64.Turkey.

(a) The annual bag limit for [~~Rio Grande and Eastern~~] turkey (all subspecies), in the aggregate, is four, only one of which may be from a county listed in subsection (b)(3)(D) of this section [~~, no more than one of which may be an Eastern turkey~~].

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

(1) Fall seasons and bag limits:

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

(C) The counties 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), Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lampasas, Llano, Lynn, Martin, Mason, McCulloch, McLennan (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, [~~Pecos,~~] Potter, Randall, Reagan, Real, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, [~~Terrell,~~] Throckmorton, Tom Green, Travis (west of Interstate Highway 35), Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wichita, Wilbarger, Williamson (west of Interstate Highway 35), Wise, Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Young counties, there is a fall general open season.

(i) - (ii) (No change.)

(2) (No change.)

(3) Spring season and bag limits.

(A) The counties and portions of counties listed in this subparagraph are in the Spring North Zone. In Archer, Armstrong, Bandera, Baylor, Bell (west of Interstate Highway 35), Bexar, Blanco, Borden, Bosque, [~~Brewster,~~] Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal (west of Interstate Highway 35), Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Ellis (west of Interstate Hwy. 35), Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Gray, Guadalupe (south of Interstate Highway 10), Hall, Hamilton, Hardeman, Hartley, Haskell, Hays (west of Interstate Highway 35), Hemphill, Hill (west of Interstate Highway 35), Hood, Howard, Hutchinson, Irion, Jack, [~~Jeff Davis,~~] Johnson, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Hwy. 90), Knox, Lampasas, Lipscomb, Llano, Lynn, Martin, Mason, McCulloch, McLennan (west of Interstate Highway 35), Medina (north of U.S. Hwy. 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, [~~Pecos,~~] Potter, Randall, Reagan, Real, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, [~~Terrell,~~] Throckmorton, Tom Green, Travis (west of Interstate Highway 35), Upton, Uvalde (north of U.S. Hwy. 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Ward, Wheeler, Wichita, Wilbarger, Williamson (west of Interstate Highway 35), Wise, and Young counties, there is a spring general open season.

(i) - (ii) (No change.)

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

(i) - (ii) (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), Jackson, Jeff Davis, Lavaca, Lee, Matagorda, McLennan (east of Interstate Highway 35), Pecos, Terrell, Travis (east of Interstate Highway 35), [~~Milam, and~~] Wharton and Williamson (east of Interstate Highway 35) counties, there is a spring general open season.

(i) - (ii) (No change.)

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

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

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

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

(iii) In the counties listed in this subsection:

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

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

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

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

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

(ii) (No change.)

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

(i) - (ii) (No change.)

(c) Except as provided by §65.10 of this title for turkeys harvested under a digital license issued pursuant to §53.3(a)(12) of this title, a valid license with digital tags under §53.4 of this title, or a valid digital license under §53.5(a)(3) of this title, all harvested turkeys must be registered via the department's internet or mobile application within 24 hours of the time of kill.

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

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

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

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

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

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

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

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

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 12, 2024.

TRD-202400536

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 24, 2024

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 2024-2025 seasons. The proposed rules (except as noted in the discussion of the proposal for season dates in the Special White-winged Dove Area, the bag limits for greater white-fronted geese, and the elimination of the Light Goose Conservation Order) retain the season structure and bag limits for all species of migratory game birds from last year while adjusting the season dates to allow for calendar shift (i.e., to ensure that seasons open on the desired day of the week), since dates from a previous year do not fall on the same days in following years.

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

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

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

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

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

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

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 a new regulation, or expand an existing regulation, but will limit an existing regulation (by eliminating the LGCO); 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 10, 2024 and December 20, 2024 - January 7, 2025 [~~September 1 - November 12, 2023 and December 15-31, 2023~~].

(B) (No change.)

(2) Central Zone.

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

(B) (No change.)

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

(A) Special White-winged Dove Area Season.

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

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

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

(B) South Zone Season.

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

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

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

(a) (No change.)

(b) Season dates and bag limits.

(1) HPMMU.

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

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

(2) North Zone.

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

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

(3) South Zone.

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

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

(4) September teal-only season.

(A) (No change.)

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

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

(2) (No change.)

§65.316.Geese.

(a) Zone boundaries.

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

(b) Season dates and bag limits.

(1) Western Zone.

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

(B) Dark geese: November 2, 2024 - February 2, 2025 [~~November 4, 2023 - February 4, 2024~~]. The daily bag limit for dark geese is five[~~, to include no more than two white-fronted geese~~].

(2) Eastern Zone.

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

(B) Dark geese:

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

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

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

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

(2) The daily bag limit is five.

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

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

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

~~[(B) electronic calling devices.]~~

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

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

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

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

~~[(4) Season dates.]~~

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

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

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

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

(1) HPMMU:

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

(B) (No change.)

(2) North Duck Zone:

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

(B) (No change.)

(3) South Duck Zone:

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

(B) (No change.)

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

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

(3) Season Dates and Bag Limits.

(A) HPMMU:

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

(ii) (No change.)

(B) North Duck Zone:

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

(ii) (No change.)

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

(ii) (No change.)

(4) (No change.)

§65.318.Sandhill Crane.

(a) (No change.)

(b) Season dates and bag limits.

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

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

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

§65.319.Gallinules, Rails, Snipe, Woodcock.

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

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

(2) (No change.)

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

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

(2) (No change.)

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

(2) (No change.)

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

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

(2) (No change.)

§65.320.Extended Falconry Seasons.

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

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

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

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

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 12, 2024.

TRD-202400537

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 24, 2024

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

PART 10. TEXAS WATER DEVELOPMENT BOARD

CHAPTER 357. REGIONAL WATER PLANNING

SUBCHAPTER C. PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS

31 TAC §357.34

The Texas Water Development Board (TWDB) proposes an amendment to 31 Texas Administrative Code (TAC) §357.34(g).

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED AMENDMENT.

House Bill 1565, 88th R.S. (2023), added a requirement for regional water plans to include information on implementation of large projects, including reservoirs, interstate water transfers, innovative technology projects, desalination plants, and other large projects as determined by the board. Information about the large projects includes expenditures of sponsor money, permit applications and status updates on the phase of construction of a project. This rulemaking implements the requirements of HB 1565.

SECTION BY SECTION DISCUSSION OF PROPOSED AMENDMENTS.

§357.34 Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects.

Subsection 357.34(g) is added to require that the regional water planning groups provide data related to recommended large water management strategies and associated projects in order to comply with HB 1565, 88th R.S. (2023). The proposed rule lists the information needed and the types of strategies and projects that fall under the rule. More exact thresholds of what constitutes "large" will be provided in regional water planning contract technical guidance.

Remaining subsections are renumbered to accommodate the new provision.

FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENTS (Texas Government Code §2001.024(a)(4))

Ms. Rebecca Trevino, Chief Financial Officer, has determined that there will be no fiscal implications for state or local governments as a result of the proposed rulemaking. For the first five years these rules are in effect, there is no expected additional cost to state or local governments resulting from their administration.

This rule is not expected to result in reductions in costs to either state or local governments. There is no net change in costs for state and local government. This rule is not expected to have any impact on state or local revenues. The rule may require an increase in expenditures for state or local governments as a result of administering it, but grant funding for the regional water planning groups will increase to cover the additional cost. Additionally, there are no foreseeable implications relating to state or local governments' costs or revenue resulting from this rule.

Because this rule will not impose a cost on regulated persons, the requirement included in Texas Government Code, §2001.0045 to repeal a rule does not apply. Furthermore, the requirement in §2001.0045 does not apply because this rule is amended to implement legislation.

The TWDB invites public comment regarding this fiscal note. Written comments on the fiscal note may be submitted to the contact person at the address listed under the Submission of Comments section of this preamble.

PUBLIC BENEFITS AND COSTS (Texas Government Code §2001.024(a)(5))

Ms. Rebecca Trevino also has determined that for each year of the first five years the proposed rulemaking is in effect, the public will benefit from the rulemaking as it will require the regional water plans to include additional information related to large water supply projects. Ms. Rebecca Trevino also has determined that for each year of the first five years the proposed rulemaking is in effect, the rule will not impose an economic cost on persons required to comply with the rule as the regional water planning groups will receive grant funding for the task.

ECONOMIC AND LOCAL EMPLOYMENT IMPACT STATEMENT (Texas Government Code §§2001.022, 2006.002); REGULATORY FLEXIBILITY ANALYSIS (Texas Government Code §2006.002)

The TWDB has determined that a local employment impact statement is not required because the proposed rule does not adversely affect a local economy in a material way for the first five years that the proposed rule is in effect because it will impose no new requirements on local economies. The TWDB also has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of enforcing this rulemaking. The TWDB also has determined that there is no anticipated economic cost to persons who are required to comply with the rulemaking as proposed. Therefore, no regulatory flexibility analysis is necessary.

DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION (Texas Government Code §2001.0225)

The TWDB reviewed the proposed rulemaking in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the rulemaking is not subject to Texas Government Code §2001.0225, because it does not meet the definition of a "major environmental rule" as defined in the Administrative Procedure Act. A "major environmental rule" is defined as a rule with the specific intent to protect the environment or reduce risks to human health from environmental exposure, a rule that may adversely affect in a material way the economy or a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The intent of the rulemaking is to require additional information related to large water supply projects in the regional water plans.

Even if the proposed rule were a major environmental rule, Texas Government Code §2001.0225 still would not apply to this rulemaking because Texas Government Code §2001.0225 only applies to a major environmental rule, the result of which is to: (1) exceed a standard set by federal law, unless the rule is specifically required by state law; (2) exceed an express requirement of state law, unless the rule is specifically required by federal law; (3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or (4) adopt a rule solely under the general powers of the agency instead of under a specific state law. This rulemaking does not meet any of these four applicability criteria because it: (1) does not exceed any federal law; (2) does not exceed an express requirement of state law; (3) does not exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; and (4) is not proposed solely under the general powers of the agency, but rather Texas Water Code §§6.101 and 16.053. Therefore, this proposed rule does not fall under any of the applicability criteria in Texas Government Code §2001.0225.

The TWDB invites public comment regarding this draft regulatory impact analysis determination. Written comments on the draft regulatory impact analysis determination may be submitted to the contact person at the address listed under the Submission of Comments section of this preamble.

TAKINGS IMPACT ASSESSMENT (Texas Government Code §2007.043)

The TWDB evaluated this proposed rule and performed an analysis of whether it constitutes a taking under Texas Government Code, Chapter 2007. The specific purpose of this rule is to require additional information related to large water supply projects in the regional water plans. The proposed rule will substantially advance this stated purpose by requiring the regional water planning groups to include new information related to the implementation status of large water management strategies that are listed in the regional water plan.

The TWDB's analysis indicates that Texas Government Code, Chapter 2007 does not apply to this proposed rule because this is an action that is reasonably taken to fulfill an obligation as required by state law, which is exempt under Texas Government Code §2007.003(b)(4). The TWDB is the agency that collects, analyzes, and disseminates water-related data and provides other services necessary to aid in planning and managing the state's water resources.

Nevertheless, the TWDB further evaluated this proposed rule and performed an assessment of whether it constitutes a taking under Texas Government Code Chapter 2007. Promulgation and enforcement of this proposed rule would be neither a statutory nor a constitutional taking of private real property. Specifically, the subject proposed regulation does not affect a landowner's rights in private real property because this rulemaking does not burden, restrict, or limit the owner's right to property and reduce its value by 25% or more beyond that which would otherwise exist in the absence of the regulation. Therefore, the proposed rule does not constitute a taking under Texas Government Code, Chapter 2007.

GOVERNMENT GROWTH IMPACT STATEMENT (Texas Government Code §2001.0221)

The TWDB reviewed the proposed rulemaking in light of the government growth impact statement requirements of Texas Government Code §2001.0221 and has determined, for the first five years the proposed rule would be in effect, the proposed rule will not: (1) create or eliminate a government program; (2) require the creation of new employee positions or the elimination of existing employee positions; (3) require an increase or decrease in future legislative appropriations to the agency; (4) require an increase or decrease in fees paid to the agency; (5) create a new regulation; (6) expand, limit, or repeal an existing regulation; (7) increase or decrease the number of individuals subject to the rule's applicability; or (8) positively or adversely affect this state's economy.

SUBMISSION OF COMMENTS (Texas Government Code §2001.024(a)(7))

Written comments on the proposed rulemaking may be submitted by mail to Office of General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, by email to rulescomments@twdb.texas.gov, or by fax to (512) 475-2053. Comments will be accepted until 5:00 p.m. of the 31st day following publication the Texas Register. Include §357.34 in the subject line of any comments submitted.

STATUTORY AUTHORITY (Texas Government Code §2001.024(a)(3))

The amendment is proposed under the authority of Texas Water Code §6.101, which provides the TWDB with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, and also under the authority of Texas Water Code § 16.053. This amendment is proposed under the authority of House Bill 1565, passed during the 88th Texas Legislative Regular Session.

§357.34.Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects.

(a) - (f) (No change.)

(g) Implementation of large recommended WMSs and associated WMSPs.

(1) For large recommended WMSs and associated WMSPs, RWPGs must include the following information:

(A) expenditures of sponsor money;

(B) permit applications, including the status of a permit application; and

(2) For purposes of this subchapter, large WMSs include:

(A) any reservoir

(B) any seawater desalination

(D) large brackish groundwater strategies

(E) large aquifer storage and recovery strategies

(F) all water transfers to or from out of state

(G) any other innovative technology strategies the Executive Administrator considers appropriate

(h) [~~(g)~~] If an RWPG does not recommend aquifer storage and recovery strategies, seawater desalination strategies, or brackish groundwater desalination strategies it must document the reason(s) in the RWP.

(i) [~~(h)~~] In instances where an RWPG has determined there are significant identified Water Needs in the RWPA, the RWP shall include an assessment of the potential for aquifer storage and recovery to meet those Water Needs. Each RWPG shall define the threshold to determine whether it has significant identified Water Needs. Each RWP shall include, at a minimum, a description of the methodology used to determine the threshold of significant needs. If a specific assessment is conducted, the assessment may be based on information from existing studies and shall include minimum parameters as defined in contract guidance.

(j) [~~(i)~~] Conservation, Drought Management Measures, and Drought Contingency Plans shall be considered by RWPGs when developing the regional plans, particularly during the process of identifying, evaluating, and recommending WMSs. RWPs shall incorporate water conservation planning and drought contingency planning in the RWPA.

(1) Drought Management Measures including water demand management. RWPGs shall consider Drought Management Measures for each need identified in §357.33 of this title and shall include such measures for each user group to which Texas Water Code §11.1272 (relating to Drought Contingency Plans for Certain Applicants and Water Right Holders) applies. Impacts of the Drought Management Measures on Water Needs must be consistent with guidance provided by the Commission in its administrative rules implementing Texas Water Code §11.1272. If an RWPG does not adopt a drought management strategy for a need it must document the reason in the RWP. Nothing in this paragraph shall be construed as limiting the use of voluntary arrangements by water users to forgo water usage during drought periods.

(2) Water conservation practices. RWPGs must consider water conservation practices, including potentially applicable best management practices, for each identified Water Need.

(A) RWPGs shall include water conservation practices for each user group to which Texas Water Code §11.1271 and §13.146 (relating to Water Conservation Plans) apply. The impact of these water conservation practices on Water Needs must be consistent with requirements in appropriate Commission administrative rules related to Texas Water Code §11.1271 and §13.146.

(B) RWPGs shall consider water conservation practices for each WUG beyond the minimum requirements of subparagraph (A) of this paragraph, whether or not the WUG is subject to Texas Water Code §11.1271 and §13.146. If RWPGs do not adopt a Water Conservation Strategy to meet an identified need, they shall document the reason in the RWP.

(C) For each WUG or WWP that is to obtain water from a proposed interbasin transfer to which Texas Water Code §11.085 (relating to Interbasin Transfers) applies, RWPGs shall include a Water Conservation Strategy, pursuant to Texas Water Code §11.085(l), that will result in the highest practicable level of water conservation and efficiency achievable. For these strategies, RWPGs shall determine, and report projected water use savings in gallons per capita per day based on its determination of the highest practicable level of water conservation and efficiency achievable. RWPGs shall develop conservation strategies based on this determination. In preparing this evaluation, RWPGs shall seek the input of WUGs and WWPs as to what is the highest practicable level of conservation and efficiency achievable, in their opinion, and take that input into consideration. RWPGs shall develop water conservation strategies consistent with guidance provided by the Commission in its administrative rules that implement Texas Water Code §11.085. When developing water conservation strategies, the RWPGs must consider potentially applicable best management practices. Strategy evaluation in accordance with this section shall include a quantitative description of the quantity, cost, and reliability of the water estimated to be conserved under the highest practicable level of water conservation and efficiency achievable.

(D) RWPGs shall consider strategies to address any issues identified in the information compiled by the Board from the water loss audits performed by Retail Public Utilities pursuant to §358.6 of this title (relating to Water Loss Audits).

(3) RWPGs shall recommend Gallons Per Capita Per Day goal(s) for each municipal WUG or specified groupings of municipal WUGs. Goals must be recommended for each planning decade and may be a specific goal or a range of values. At a minimum, the RWPs shall include Gallons Per Capita Per Day goals based on drought conditions to align with guidance principles in §358.3 of this title (relating to Guidance Principles).

(k) [~~(j)~~] RWPs shall include a subchapter consolidating the RWPG's recommendations regarding water conservation. RWPGs shall include in the RWPs model Water Conservation Plans pursuant to Texas Water Code §11.1271.

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 9, 2024.

TRD-202400509

Ashley Harden

General Counsel

Texas Water Development Board

Earliest possible date of adoption: March 24, 2024

For further information, please call: (512) 463-7686