PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 53. FINANCE
The Texas Parks and Wildlife Commission in a duly noticed meeting on May 25, 2023, adopted amendments to 31 TAC §§53.4 - 53.6, concerning Fees, new §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules - Provisions for Digital Products, and new §53.60, concerning Stamps, without changes to the proposed text as published in the April 21, 2023, issue of the Texas Register (48 TexReg 2042). The rules will not be republished.
The amendments and new sections will, in conjunction with adopted amendments to §§65.7, 65.8, 65.10, 65.42, 65.64 and new §57.984, published elsewhere in this issue of the Texas Register, function to create and implement provisions for use of a digital version of the youth hunting license, digital tags for lifetime resident hunting licenses and lifetime resident fishing licenses, and a digital version of the exempt angler red drum tag.
The 87th Texas Legislature (2021) enacted House Bill (H.B.) 3081, which authorized the commission to develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals. The department accordingly initiated a pilot program in 2022 to determine the public receptivity to and logistical feasibility of the concept of digital licenses, stamp endorsements, and tags for hunting and fishing, which resulted in the creation of digital versions of the super combination hunting and "all water" fishing license and the lifetime resident super combination hunting and "all water" fishing package (47 TexReg 1888).
After conducting an analysis of customer purchasing behavior with respect to digital licenses and products, the department has determined that it is appropriate to offer a digital version of the youth hunting license, the lifetime resident hunting license, and the lifetime fishing license for the license year beginning September 1, 2023. Additionally, the exempt angler red drum tag, which allows persons who are exempt from fishing license and stamp endorsement requirements to harvest red drum, would be available in a digital version.
The amendment to §53.4, concerning Lifetime Licenses, provides for the issuance of digital versions of the lifetime resident hunting and lifetime resident fishing licenses.
The amendment to §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, provides for the issuance of a digital version of the youth hunting license.
The amendment to §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, provides for a digital version of the exempt angler red drum tag.
New §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules - Provisions for Digital Products, adds the youth hunting license, lifetime resident hunting license, and lifetime resident fishing licenses to the applicability of rules in the subchapter with respect to providing proof of licensure for persons who purchase a digital license.
The amendment to §53.60, concerning Stamps, creates exceptions to the current rules regarding possession of required stamps necessary to accommodate the creation of digital licenses.
The department received no comments opposing adoption of the rules.
The department received four comments supporting adoption of the rules.
SUBCHAPTER A. FEES
DIVISION 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES
The amendments and new section are adopted under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person's possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2023.
TRD-202302551
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2023
Proposal publication date: April 21, 2023
For further information, please call: (512) 389-4775
The amendment is adopted under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person's possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and §61.054 which requires the commission to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2023.
TRD-202302552
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2023
Proposal publication date: April 21, 2023
For further information, please call: (512) 389-4775
SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
DIVISION 2. STATEWIDE RECREATIONAL FISHING PROCLAMATION
31 TAC §57.984
The Texas Parks and Wildlife Commission in a duly
noticed meeting on May 25, 2023, adopted new §57.984, concerning
Special Provisions - Digital Exempt Angler Red Drum Tag, without changes
to the proposed text as published in the April 21, 2023, issue of
the Texas Register (48 TexReg 2044).
The rule will not be republished.
The new section prescribes the requirements for the take of oversize
red drum by persons who are exempt by statute or rule from fishing
license possession requirements. The department in adopted new 31
TAC §53.18 (published elsewhere in this issue of the Texas Register) has created a digital version
of the current exempt angler red drum tag. The proposed new rule is
necessary to prescribe the requirements for the execution of the tag.
The proposed new rule is also necessary because under ordinary circumstances
the provisions would be part of §57.981, concerning Bag, Possession,
and Length Limits; however, that section is currently the subject
of proposed rulemaking, which makes it unavailable for amendment in
time to take effect before the next license year.
The 87th Texas Legislature (2021) enacted House Bill (H.B.) 3081,
which authorized the commission to develop and implement a program
for the issuance of digital tags for animals, including birds, to
holders of hunting licenses authorizing the taking of those animals.
The department accordingly initiated a pilot program in 2022 to determine
the public receptivity to and logistical feasibility of the concept
of digital licenses, stamp endorsements, and tags for hunting and
fishing, which resulted in the creation of digital versions of the
super combination hunting and "all water" fishing license and the
lifetime resident super combination hunting and "all water" fishing
package (47 TexReg 1888).
After conducting an analysis of customer purchasing behavior with
respect to digital licenses, the department has determined that it
is feasible to offer a digital version of the exempt angler red drum
tag, which allows persons who are exempt from fishing license and
stamp endorsement requirements to harvest red drum, would be available
in a digital version.
The department received no comments opposing adoption of the rules.
The department received four comments supporting adoption of the rules.
The new section is adopted under the authority of Parks
and Wildlife Code, §42.006, which authorizes the commission to
prescribe requirements relating to possessing a license issued under
Chapter 42 by rule; §46.0085, which authorizes the department
to issue tags for finfish species allowed by law to be taken during
each year or season from coastal waters of the state to holders of
licenses authorizing the taking of finfish species; §46.0086,
which authorizes the commission to prescribe tagging requirements
for the take of finfish; §50.004, which requires the department
to issue and prescribe the form and manner of issuance for combination
hunting and fishing licenses, including identification and compliance
requirements; §61.052, which requires the commission to regulate
the periods of time when it is lawful to hunt, take, or possess game
animals, game birds, or aquatic animal life in this state; and §61.054,
which requires the commission to specify the means, methods, and places
in which it is lawful to hunt, take, or possess game animals, game
birds, or aquatic animal life in this state; the species, quantity,
age or size, and, to the extent possible, the sex of the game animals,
game birds, or aquatic animal life authorized to be hunted, taken,
or possessed; and the region, county, area, body of water, or portion
of a county where game animals, game birds, or aquatic animal life
may be hunted, taken, or possessed.
The agency certifies that legal counsel has reviewed the
adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2023.
TRD-202302553
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2023
Proposal publication date: April 21, 2023
For further information, please call: (512) 389-4775
SUBCHAPTER A. STATEWIDE HUNTING PROCLAMATION
The Texas Parks and Wildlife Commission in a duly noticed
meeting on May 25, 2023, adopted amendments to 31 TAC §§65.7,
65.8, 65.10, 65.42, and 65.64, concerning the Statewide Hunting Proclamation,
without changes to the proposed text as published in the April 21,
2023, issue of the Texas Register (48
TexReg 2046). The rules will not be republished.
The amendments will function, in conjunction with adopted amendments
to §§53.4 - 53.6, 53.60, new 53.18, and new §57.984,
published elsewhere in this issue of the Texas
Register, to create and implement provisions for the use of
a digital version of the youth hunting license and digital tags for
lifetime resident hunting licenses and lifetime resident fishing licenses.
The 87th Texas Legislature (2021) enacted House Bill (H.B.) 3081,
which authorized the commission to develop and implement a program
for the issuance of digital tags for animals, including birds, to
holders of hunting licenses authorizing the taking of those animals.
The department accordingly initiated a pilot program in 2022 to determine
the public receptivity to and logistical feasibility of the concept
of digital licenses, stamp endorsements, and tags for hunting and
fishing, which resulted in the creation of digital versions of the
super combination hunting and "all water" fishing license and the
lifetime resident super combination hunting and "all water" fishing
package (47 TexReg 1888).
After conducting an analysis of customer purchasing behavior with
respect to digital licenses, the department has determined that it
is feasible to offer a digital version of the youth hunting license
and the lifetime resident hunting license.
The department received no comments opposing adoption of the rules.
The department received four comments supporting adoption of the rules.
DIVISION 1. GENERAL PROVISIONS
The amendments are adopted under the authority of
Parks and Wildlife Code, §42.010, which requires the department
to prescribe the form and issuance of hunting licenses authorized
under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes
the commission to promulgate rules for the issuance of digital tags
for animals, including birds, to holders of hunting licenses authorizing
the taking of those animals, including rules allowing a person using
a digital tag to create a digital record at the time of the taking
of an animal that includes information required by the department
as soon as possible after the taking of the animal and requiring a
person using a digital tag to retain in the person's possession documentation
of a required digital record at all times before the carcass is finally
processed; §42.0177, which authorizes the commission to modify
or eliminate the tagging, carcass, final destination, and final processing
requirements of Chapter 42; §42.006, which authorizes the commission
to prescribe requirements relating to possessing a license issued
under Chapter 42 by rule; and §61.054 which requires the commission
to specify the means, methods, and places in which it is lawful to
hunt, take, or possess game animals, game birds, or aquatic animal
life in this state; the species, quantity, age or size, and, to the
extent possible, the sex of the game animals, game birds, or aquatic
animal life authorized to be hunted, taken, or possessed; and the
region, county, area, body of water, or portion of a county where
game animals, game birds, or aquatic animal life may be hunted, taken,
or possessed.
The agency certifies that legal counsel has reviewed the
adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2023.
TRD-202302554
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2023
Proposal publication date: April 21, 2023
For further information, please call: (512) 389-4775
The amendments are adopted under the authority of
Parks and Wildlife Code, §42.010, which requires the department
to prescribe the form and issuance of hunting licenses authorized
under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes
the commission to promulgate rules for the issuance of digital tags
for animals, including birds, to holders of hunting licenses authorizing
the taking of those animals, including rules allowing a person using
a digital tag to create a digital record at the time of the taking
of an animal that includes information required by the department
as soon as possible after the taking of the animal and requiring a
person using a digital tag to retain in the person's possession documentation
of a required digital record at all times before the carcass is finally
processed; §42.0177, which authorizes the commission to modify
or eliminate the tagging, carcass, final destination, and final processing
requirements of Chapter 42; §42.006, which authorizes the commission
to prescribe requirements relating to possessing a license issued
under Chapter 42 by rule; §46.0085, which authorizes the department
to issue tags for finfish species allowed by law to be taken during
each year or season from coastal waters of the state to holders of
licenses authorizing the taking of finfish species; §46.0086,
which authorizes the commission to prescribe tagging requirements
for the take of finfish; §50.004, which requires the department
to issue and prescribe the form and manner of issuance for combination
hunting and fishing licenses, including identification and compliance
requirements; §61.052, which requires the commission to regulate
the periods of time when it is lawful to hunt, take, or possess game
animals, game birds, or aquatic animal life in this state; 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; and §61.054
which requires the commission to specify 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 agency certifies that legal counsel has reviewed the
adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2023.
TRD-202302555
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2023
Proposal publication date: April 21, 2023
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Commission in a duly
noticed meeting on March 24, 2023, adopted amendments to 31 TAC §§65.314
- 65.320, concerning the Migratory Game Bird Proclamation, without
changes to the proposed text as published in the February 17, 2023,
issue of the Texas Register (48 TexReg
832). The rules will not be republished.
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 one exception, the amendments specify the season dates for
hunting the various species of migratory game birds for 2023-2024
seasons. The rules 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 exception mentioned earlier in this preamble is the amendment
to §65.318, concerning Sandhill Crane, which clarifies that the
federal sandhill crane permit required by the subsection is not valid
unless it is issued by the department (i.e., a federal crane permit
issued by another state is not valid to hunt sandhill crane in Texas).
The department received nine comments opposing adoption of the
rules as proposed. Of those comments, all nine commenters articulated
a reason or rationale for opposing adoption. Those comments, accompanied
by the department's response to each, follow. The department notes
that several comments consisted of more than one component' therefore,
the total number of department responses is greater than the total
number of commenters.
One commenter opposed adoption and stated that the daily bag limit
for white-fronted geese should be eight birds. The department disagrees
with the comment and responds that under the federal frameworks, the
maximum allowable bag limit for white-fronted geese is three. No changes
were made as a result of the comment. One commenter opposed adoption
and stated that the north zone duck season should run from January
28 until February 11. The department disagrees with the comment and
responds that under federal frameworks, duck seasons in Texas cannot
extend beyond January 31. No changes were made as a result of the
comment. One commenter opposed adoption and stated that there should
be a bag limit for snow geese during the Light Geese Conservation
Order. The department disagrees with the comment and responds that
by federal rule, there is no bag limit for light geese during the
Light Geese Conservation Order. No changes were made as a result of
the comment.
One commenter opposed adoption and stated that the season for dark
geese should be delayed by one week, like it was in years past, and
that structuring the season to benefit outfitters in Knox and Haskell
counties is ridiculous. The department disagrees with the comment
and responds that the season as adopted is intended to provide the
greatest amount of hunting opportunity while dark geese are present
in large numbers, and reflects the preferences of hunters and landowners,
not outfitters in any particular county. No changes were made as a
result of the comment.
One commenter opposed adoption and stated that sandhill crane and
goose seasons should end concurrently, like it used to be. The department
disagrees with the comment and responds that because sandhill crane
and goose zones are geographically different, there is no way to have
goose seasons and sandhill crane seasons end concurrently on a statewide
basis without curtailing hunting opportunity; however, the seasons
do end concurrently in the Eastern Zone. No changes were made as a
result of the comment.
One commenter opposed adoption and stated that outfitters should
be licensed and there should be a limit on the number of outfitters
allowed to operate in particular areas. The department disagrees with
the comment and responds that the commission does not have statutory
authority to regulate the business of outfitters or hunting guides.
No changes were made as a result of the comment.
One commenter opposed adoption and stated that duck season in the
north zone should end on January 31 instead of January 28. The department
disagrees with the comment and responds that the season as adopted
utilizes the entirety of the season days for duck hunting available
to Texas under the federal frameworks and is scheduled in such a fashion
as to include as many weekends as possible in order to provide maximum
hunting opportunity. No changes were made as a result of the comment.
One commenter opposed adoption and stated that duck season should
be extended into February. The department disagrees with the comment
and responds that under the federal frameworks duck seasons cannot
extend past January 31. No changes were made as a result of the comment.
One commenter opposed adoption and stated that it makes no sense
to lower the bag limit for light geese during the regular season only
to eliminate it during the Light Goose Conservation Order. The department
disagrees with the comment and responds that the daily bag limit for
the regular season has not been lowered and remains the same as for
the previous four years. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the daily bag limit
for pintails should be two. The department disagrees with the comment
and responds that under the federal frameworks, the maximum daily
bag limit for pintails is one. The department believes that the bag
limit as adopted will not result in negative population impacts to
pintails. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the hunting of sandhill
cranes should be allowed in Jefferson County. The department disagrees
with the comment and responds that federal rules do not allow for
crane hunting in the southeast portion of Texas, including Jefferson
County. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the season for mottled
ducks should be closed. The department disagrees with the comment
and responds that it is the policy of the commission to adopt the
most liberal seasons and bag limits allowable under the federal frameworks,
unless there is biological justification not to do so. The department
believes that the bag limit as adopted will not result in negative
population impacts to mottled ducks. No changes were made as a result
of the comment.
The department received 19 comments supporting adoption of the
rules as proposed.
The amendments are adopted 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 agency certifies that legal counsel has reviewed the
adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2023.
TRD-202302550
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 3, 2023
Proposal publication date: February 17, 2023
For further information, please call: (512) 389-4775
CHAPTER 65. WILDLIFE
DIVISION 2 OPEN SEASONS AND BAG LIMITS
SUBCHAPTER N. MIGRATORY GAME BIRD PROCLAMATION