Commission Agenda Item No. 8
Action
Amendments to the Public Lands Proclamation
Establishment of an Open Season on Public Hunting Lands
Approval of Public Hunting Activites on State Parks
April 2005

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§65.190, 65.191, 65.193, 65.198, 65.199, and 65.201, concerning the Public Lands Proclamation.

The proposed amendment to §65.190, concerning Application, alters nomenclature by replacing the term ‘non-consumptive use’ with the term ‘recreational use.’ The term ‘non-consumptive’ is meant to be an umbrella term encompassing all activities other than hunting and fishing; however, it gives the impression that public usage other than hunting and fishing results in little or no impact to public resources on wildlife management areas and public hunting lands. The change is necessary because all uses of wildlife management areas and public hunting lands involve, to varying degrees, some type of resource impact. This change is made throughout the subchapter where necessary. The proposed amendment also updates references and citations where necessary, removes reference to Caddo Lake State Park (which is no longer a unit of public hunting lands), and removes references to the Bryan Beach Unit of the Peach Point Wildlife Management Area, which is no longer owned by the department.

The proposed amendment to §65.191, concerning Definitions, consists of several actions. The proposed amendment alters the definition of ‘all terrain vehicle.’ The current definition is too broad, in that any motor vehicle that cannot be operated on a public roadway qualifies as an all terrain vehicle. Therefore the definition as currently written would allow inappropriate motor vehicles such as farm machinery, treaded or tracked vehicles, and construction equipment to be considered as ATVs. The department’s intent in allowing the use of ATVs (where they are allowed) is to permit public users, particularly disabled users, greater ease of access, but only within biologically acceptable parameters. Obviously, heavy equipment is incompatible with sound biological management, as fragile soils and vegetative communities are easily disturbed, resulting in impacts to the fish and wildlife resources that depend upon them for habitat. Therefore, the department proposes to replace the current definition with the definition of all terrain vehicles used in the Transportation Code. In concert with the change, the department also proposes to add another definition from the Transportation Code, the definition for ‘motor vehicle,’ in order to be completely consistent, and a definition for ‘off-road vehicle,’ to create an inclusive term to encompass all vehicles that could be used for off-road purposes.

The amendment also would add a new definition for ‘camping.’ That term is currently not defined, and a definition is needed in order to clarify exactly what is meant by that term as it applies to public use of wildlife management areas and public hunting lands.

The amendment would also alter the definition of ‘disabled person.’ The current definition requires a person, in order to take advantage of provisions for disabled persons, to possess a physician’s statement attesting to the person’s permanent ambulatory disability as defined in the Transportation Code. In order to avoid confusion and difficulties associated with verification of physician’s statements, the proposed definition would require all persons seeking status as disabled to possess a state-issued disabled placard or license plate.

The amendment would also alter the definition of the Limited Public Use (LPU) permit by removing language that prohibits the use of an LPU permit to take wildlife resources and clarifying that the LPU can be used to access wildlife management areas as well as public hunting lands. The change is necessary because the proposed amendment to §65.193 would allow the LPU permit to be used for fishing on wildlife management areas and public hunting lands.

The amendment also would remove the definition for ‘non-consumptive activities’ and replace it with the term ‘recreational use,’ which is defined as ‘any use other than hunting or fishing.’ The new definition is necessary because all users of wildlife management areas and public hunting lands, even those who do not hunt or fish, participate in some sort of impact on those areas. The proposed definition simply aggregates the variety of public uses other than hunting and fishing under a single term of reference.

The amendment to §65.193, concerning Access Permit Required and Fees, would alter subsection (b)(2) to allow persons entering wildlife management areas and public hunting lands to fish under a Limited Public Use permit (LPU). The proposed amendment also alters subsection (k) to remove a reference to hunting and fishing activities with respect to the waiver of fees for a person participating in a regular hunt under an Annual Public Hunting (APH) permit. The change is necessary to allow persons to access wildlife management areas and public hunting lands, when feasible, for fishing activities under an LPU on days when regular permit hunts are being conducted. The proposed amendment also removes references to the Bryan Beach Unit of the Peach Point Wildlife Management Area, which is no longer owned by the department.

The proposed amendment to 65.198, concerning Entry, Registration, and Checkout, replaces the term ‘non-consumptive use’ with the term ‘recreational use’ for the reasons noted previously in the discussion of amendments to §65.190.

The proposed amendment to §65.199, concerning General Rules of Conduct, removes a reference to the Texas Conservation Passport, which has been discontinued by the department.

The proposed amendment also would prohibit camping on any given unit of public hunting lands for more than 14 consecutive days or more than 21 days in any 30-day period. The amendment is necessary in order to ensure that recreational opportunity is equitably distributed.

The proposed amendment also changes an outmoded reference to WMA antlerless permits. The department issues such permits on units of public hunting lands shared by the department and the U.S. Forest Service. The permits are now referred to as USFS antlerless permits.

The proposed amendment also would restrict the parking or leaving of motor vehicles to designated parking areas. The amendment is necessary to prevent the creation of impromptu parking areas, which result in degradation of habitat and storm water runoff erosion.

The proposed amendment also would require persons seeking to operate a motor vehicle, ATV, or off-road vehicle under special provisions for disabled persons to possess a state-issued disabled placard or license plate, or other state-issued evidence that the person is entitled to disabled status. Under current rules, people seeking to use vehicles under provisions for disabled persons are required to possess a physician’s statement stating that the person meets the requirements in the Transportation Code to be eligible for a disabled placard or license plate. Since the requirement of the current rule and the requirement under Transportation Code for issuance of a placard or plate are the same, by requiring a placard or plate the department seeks to avoid confusion and difficulties associated with verification of physician’s statements.

The proposed amendment also would prohibit any activity not specifically authorized by order of the executive director or regulation of the commission. The amendment is necessary to address unanticipated situations or instances in which an aspect of public use is clearly antithetical to the department’s mission or injurious or potentially injurious to resources or habitat, but is not specifically addressed within this subchapter.

The proposed amendment to §65.201, concerning Motor Vehicles, alters subsection (d) to include off-road vehicles. The amendment is necessary to make the provisions of the section consistent with changes that alter the meaning of the term ‘motor vehicle’ and introduce the term ‘off-road vehicle’ in §65.191, concerning Definitions. Under current rules, an ATV is any motor vehicle that cannot be legally operated on a public roadway. The proposed amendment to §65.191 creates scenarios in which off-road vehicles can be used in the same way as ATVs, making it necessary to include them in provisions of §65.201.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years the rules as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be clearer and more user-friendly regulations, as well as the enhanced ability of the department to discharge its statutory obligation to manage fish and wildlife resources on wildlife management areas and public hunting lands.

(B) There will be no adverse economic effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

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

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Dennis Gissell, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4407 (e-mail: dennis.gissell@tpwd.state.tx.us).

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish an open season on wildlife management areas and public hunting lands and authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands; Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources; and §42.0177, which authorizes the commission to modify or eliminate the tagging requirements of Chapter 42.

The amendments affect Parks and Wildlife Code, Chapter 12, Subchapter A; Chapter 42; and Chapter 81, Subchapter E.

§65.190. Application.

(a) This subchapter applies to all activities subject to department regulation on lands designated by the department as public hunting lands, regardless of the presence or absence of boundary markers. Public hunting lands are acquired by lease or license, management agreements, trade, gift, and purchase. Records of such acquisition are on file at the Department's central repository.

(b) On U.S. Forest Service Lands designated as public hunting lands (Alabama Creek, Bannister, Caddo, Lake McClellan Recreation Area, Moore Plantation, and Sam Houston National Forest WMAs) or any portion of Units 902 and 903, persons other than hunters are exempt from the provisions of this subchapter, except for the provisions of §65.199(15)[§65.199(14)] of this title (relating to General Rules of Conduct).

(c) On U.S. Army Corps of Engineer Lands designated as public hunting lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs), persons other than hunters and equestrian users are exempt from requirements for an access permit.

(d) On state park lands designated as public hunting lands, access for fishing and recreational [non-consumptive] use is governed by state park regulations.

(e) Public hunting lands include, but are not limited to, the following:

(1) Alabama Creek WMA (Unit 904);

(2) Alazan Bayou WMA (Unit 747);

(3) Aquilla WMA (Unit 748);

(4) Atkinson Island WMA;

(5) Bannister WMA (Unit 903);

(6) Big Lake Bottom WMA (Unit 733);

(7) Black Gap WMA (Unit 701);

(8) Caddo Lake [State Park and] WMA (Unit 730);

(9) Caddo National Grasslands WMA (Unit 901);

(10) Candy Abshier WMA;

(11) Cedar Creek Islands WMA (includes Big Island, Bird Island, and Telfair Island Units);

(12) Chaparral WMA (Unit 700);

(13) Cooper WMA (Unit 731);

(14) D.R. Wintermann WMA;

(15) Dam B WMA—includes Angelina-Neches Scientific Area (Unit 707);

(16) Designated Units of the Las Palomas WMA;

(17) Designated Units of Public Hunting Lands Under Short-Term Lease;

(18) Designated Units of the Playa Lakes WMA;

(19) Designated Units of the State Park System;

(20) Elephant Mountain WMA (Unit 725);

(21) Gene Howe WMA (Unit 755)—includes Pat Murphy Unit (Unit 706);

(22) Granger WMA (Unit 709);

(23) Guadalupe Delta WMA (Unit 729)—includes Mission Lake Unit (720), Guadalupe River Unit (723), Hynes Bay Unit (724), and San Antonio River Unit (760);

(24) Gus Engeling WMA (Unit 754);

(25) James Daughtrey WMA (Unit 713);

(26) J.D. Murphree WMA (Unit 783);

(27) Keechi Creek WMA (Unit 726);

(28) Kerr WMA (Unit 756);

(29) Lake McClellan Recreation Area (Unit 906);

(30) Lower Neches WMA (Unit 728)—includes Old River Unit and Nelda Stark Unit;

(31) Mad Island WMA (Unit 729);

(32) Mason Mountain WMA (Unit 749);

(33) Matador WMA (Unit 702);

(34) Matagorda Island State Park and WMA (Unit 1134);

(35) M.O. Neasloney WMA;

(36) Moore Plantation WMA (Unit 902);

(37) Nannie Stringfellow WMA (Unit 716);

(38) North Toledo Bend WMA (Unit 615);

(39) Old Sabine Bottom WMA (Unit 732);

(40) Old Tunnel WMA;

(41) Pat Mayse WMA (Unit 705);

(42) Peach Point WMA (Unit 721)[—includes Bryan Beach Unit (Unit 1075)];

(43) Ray Roberts WMA (Unit 501);

(44) Redhead Pond WMA;

(45) Richland Creek WMA (Unit 703);

(46) Sam Houston National Forest WMA (Unit 905);

(47) Sierra Diablo WMA (Unit 767);

(48) Somerville WMA (Unit 711);

(49) Tawakoni WMA (Unit 708);

(50) Walter Buck WMA (Unit 757);

(51) Welder Flats WMA;

(52) White Oak Creek WMA (Unit 727); and

(53) Other numbered units of public hunting lands.

§65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).

(1) Adult—A person 17 years of age or older.

(2) All terrain vehicle (ATV)— Any vehicle meeting the definition of an ATV under Transportation Code, §663.001[A motor vehicle which does not meet traffic code requirements for operation on a public roadway with respect to licensing, inspection and insurance requirements].

(3) Annual Public Hunting (APH) Permit—A permit, valid from issuance date through the following August 31, which allows entry to designated public hunting lands at designated times and the taking of wildlife resources as designated.

(4) Application fee—A non-refundable fee that[which] may be required to accompany and validate an individual's application for a special permit.

(5) Authorized supervising adult—A parent, legal guardian, or individual at least 18 years of age who assumes liability responsibility for a youth.

(6) Blind—Any structure assembled of man-made or natural materials for the purpose or having the effect of promoting concealment or increasing the field of vision of a person.

(7) Buckshot—Lead pellets ranging in size from .24-inch to .36-inch in diameter normally loaded in a shotgun (includes, but is not limited to 0 and 00 buckshot).

(8) Camping—the use of public hunting lands for overnight accommodation, which includes sleeping, the storage of unattended personal possessions, or the use of a motor vehicle as a lodging.

(9)[(8)] Competitive hunting dog event (field trial)—A department-sanctioned contest in which the skills of hunting dogs are tested.

(10)[(9)] Concurrent hunt—A hunt that maintains the same permit requirements, hunt dates, means and methods, or shooting hours or combinations thereof for more than one species of animal, as designated and subject to any special provisions.

(11)[(10)] Consumptive user—A person who takes or attempts to take wildlife resources.

(12)[(11)] Designated campsite—A designated area where camping and camping activities are authorized.

(13)[(12)] Designated days—Specific days within an established season or period of time as designated by the executive director.

(14)[(13)] Designated road—A constructed roadway indicated as being open to the public by either signs posted to that effect or by current maps and leaflets distributed at the area. Roads closed to the public may additionally be identified by on-site signing, barricades at entrances, or informational literature made available to the public. Designated roads do not include county or state roads or highways.

(15)[(14)] Designated target practice area—An area designated by on-site signing or by order of the executive director within which the discharge of firearms for target practice is authorized.

(16)[(15)] Designated units of the state park system—Specific units of the state park system approved by the commission for application of provisions of this subchapter.

(17)[(16)] Disabled person—A [paraplegic or a] person who possesses a state-issued placard or license plate issued to that person under the provisions of [has a physician's statement in their immediate possession certifying that they qualify for handicapped parking privileges (criteria for permanent ambulatory disability as defined in] Transportation Code, Chapter 681[)].

(18)[(17)] General Season—A specified time period, or designated days within a specified time period, during which more than one means or methods (as designated) may be used to take designated species.

(19)[(18)] Headwear—Garment or item of apparel worn on or about the head.

(20)[(19)] Immediate supervision—Control of a youth by an authorized supervising adult issuing verbal instructions in a normal voice level.

(21)[(20)] Lands within a desert bighorn sheep cooperative—An aggregation of lands for which the concerned landowners and the Texas Parks and Wildlife Department have agreed to coordinate efforts to restore, manage, and harvest desert bighorn sheep.

(22)[(21)] Limited Public Use (LPU) Permit—A permit, valid from issuance date through the following August 31, which allows access to designated wildlife management areas and public hunting lands at the same times that access is provided by an APH permit. [A LPU permit does not authorize the taking of wildlife resources.]

(23)[(22)] Limited use zone—An area designated by order of the executive director and/or by boundary signs on the area, within which public use is prohibited or restricted to specified activities.

(24)[(23)] Loaded firearm—A firearm containing a live round of ammunition within the chamber and/or the magazine, or if muzzleloading, one which has a cap on the nipple or a priming charge in the pan.

(25) Motor vehicle—As defined by Transportation Code, Chapter 541.

[(24) Non-consumptive activities—Activities which do not involve the take or attempted take of wildlife resources.]

(26) Off-road vehicle—An ATV, a utility vehicle, a vehicle that may not lawfully be operated on a public roadway, or any vehicle that is manufactured or adapted for off-road use.

(27)[(25)] On-site registration—The requirement for public users to register at designated places upon entry to and exit from specified public hunting lands, but does not constitute a permit.

(28)[(26)] Permit—Documentation authorizing specified access and public use privileges on public hunting lands.

(29)[(27)] Predatory animals—Coyotes and bobcats.

(30)[(28)] Preference point system—A method of special permit distribution in which the probability of selection is progressively enhanced by prior unsuccessful applications within a given hunt category by individuals or groups.

(31)[(29)] Public hunting area—A portion of public hunting lands designated as being open to the activity of hunting, and may include all or only a portion of a certain unit of public hunting land.

(32)[(30)] Public hunting compartment—A defined portion of a public hunting area to which hunters are assigned and authorized to perform public hunting activity.

(33)[(31)] Public hunting lands—Lands identified in §65.190 of this title (relating to Application) or by order of the executive director on which provisions of this subchapter apply.

(34) Recreational use—any use or activity other than hunting or fishing.

(35)[(32)] Regular Permit—A permit issued on a first-come-first-served basis, on-site, at the time of the hunt that allows the taking of designated species of wildlife on the issuing area.

(36)[(33)] Restricted area—All or portions of public hunting lands identified by boundary signs as being closed to public entry or use.

(37)[(34)] Sanctuary—All or a portion of public hunting lands identified by boundary signs as being closed to the hunting of specified wildlife resources.

(38)[(35)] Slug—A metallic object designed for being fired as a single projectile by discharge of a shotgun.

(39)[(36)] Special Permit—A permit, issued pursuant to a selection procedure, which allows the taking of designated species of wildlife.

(40)[(37)] Special package hunt—A public hunt conducted for promotional or fund raising purposes and offering the selected applicant(s) a high quality experience with enhanced provisions for food, lodging, transportation, and guide services.

(41)[(38)] Tagging fee—A fee which may be assessed in addition to the special permit fee for the harvest of alligators for commercial sale or prior to the attempted harvest of desert bighorn sheep or designated exotic mammals.

(42)[(39)] Wildlife management area (WMA)—A unit of public hunting lands which is intensively managed for the conservation, enhancement, and public use of wildlife resources and supporting habitats.

(43)[(40)] Wildlife resources—Game animals, game birds, furbearing animals, alligators, marine mammals, frogs, fish, crayfish, other aquatic life, exotic animals, predatory animals, rabbits and hares, and other wild fauna.

(44)[(41)] Wounded exotic mammal—An exotic mammal leaving a blood trail.

(45)[(42)] Youth—A person less than 17 years of age.

§65.193. Access Permit Required and Fees.

(a) It is an offense for a person without a valid access permit to enter public hunting lands, except:

(1) on areas or for activities where no permit is required;

(2) persons who are authorized by, and acting in an official capacity for the department or the landowners of public hunting lands;

(3) persons participating in educational programs, management demonstrations, or other scheduled activities sponsored or sanctioned by the department with written approval;

(4) persons owning or leasing land within the boundaries of public hunting lands, while traveling directly to or from their property;

(5) for a non-hunting or non-fishing adult who is assisting a permitted disabled person; or

(6) for youth under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.

(b) Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.

(1) It is an offense for a person 17 years of age or older to enter public hunting lands or take or attempt to take wildlife resources on public hunting lands at times when an APH permit is required without possessing an APH permit or to fail to display the APH permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands.

(2) A person possessing a LPU permit may enter public hunting lands at times that access is allowed under the APH permit, and is authorized to fish but may not hunt [but is not authorized to hunt or fish].

(3) Persons possessing an APH permit or an LPU permit may use public hunting lands to access adjacent public waters, and may fish in adjacent public waters from riverbanks on public hunting lands.

(4) The permits required under paragraphs (1) - (3) of this subsection are not required for:

(A) persons who enter on United States Forest Service lands designated as a public hunting area or any portion of Units 902 and 903 for any purpose other than hunting;

(B) persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs) designated as public hunting lands for purposes other than hunting or equestrian use;

(C) persons who enter Caddo Lake [State Park and] Wildlife Management Area and do not hunt or enter upon the land;

(D) persons who enter and hunt waterfowl within the Bayside Marsh Unit of Matagorda Island State Park and Wildlife Management Area; or

[(E) persons who enter the Bryan Beach Unit of Peach Point Wildlife Management Area and do not hunt; or]

(E)[(F)] persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish.

(5) The permit required by paragraphs (1) - (3) of this subsection is not valid unless the signature of the holder appears on the permit.

(6) A person, by signature of the permit and by payment of a permit fee waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee).

(c) Regular Permit—A regular permit is issued on a first come-first served basis at the hunt area on the day of the scheduled hunt with the department reserving the right to limit the number of regular permits to be issued.

(d) Special Permit—A special permit is issued to an applicant selected in a drawing.

(e) Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.

(f) The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.

(g) Application fees.

(1) The department may charge a non-refundable fee, which may be required to accompany and validate an individual's application in a drawing for a special hunting permit.

(2) The application fee for a special hunting permit is waived for a person under 17 years of age; however, the youth must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (3) and (4) of this subsection.

(3) The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a youth in a youth-only drawn hunt category.

(4) Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.

(5) The application fee for a special permit is waived for on-site applications made under standby procedures at the time of a hunt.

(6) Incomplete or incorrectly completed applications will be disqualified.

(h) Legal animals to be taken by special or regular permit shall be stipulated on the permit.

(i) Only one special or regular permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail.

(j) Any applicable special or regular permit fees will be waived for youth under the supervision of a duly permitted authorized supervising adult.

(k) Any applicable regular permit fees [for hunting or fishing activities] will be waived for persons possessing an APH permit.

(l) Certain hunts may be conducted totally or in part by regular permit. It is an offense to fail to comply with established permit requirements specifying whether a regular permit is required of all participants or required only of adult participants who do not possess an APH permit.

(m) Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit or an LPU permit.

(n) An access permit applies only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferable to another person.

(o) A person who fails to obey the conditions of a permit issued under this subchapter commits an offense.

§65.198. Entry, Registration, and Checkout.

(a) It is an offense if a person:

(1) who does not possess a valid permit enters public hunting lands at a time when access is restricted only to persons possessing a valid permit;

(2) enters an area identified by boundary signs as a limited use zone, sanctuary, or restricted area and fails to obey the restrictions on public use posted at the area or as set forth in this subchapter; or

(3) on areas where on-site registration is required, fails to check in at a registration station and properly complete registration procedures before initiation of hunting, fishing, or recreational[non-consumptive] use activities or fails to properly check out at the registration station before departing the area.

(b) Unless otherwise authorized in writing by the department or as provided in subsection (c) of this section, it is an offense if a person participating in a hunt conducted by special permit or totally or in part by regular permit fails to:

(1) check in at a designated check station prior to initiation of hunting activities; and

(2) check out at a designated check station or otherwise fails to allow inspection of the bag before leaving the area.

(c) The requirements of subsection (b) of this section may be waived for specific hunts as designated by order of the executive director or by direction of the hunt supervisor. Participation in regular permit hunts for which the check station requirement has been waived will be solely by APH permit.

(d) Access for recreational[non-consumptive] use and fishing may be temporarily restricted while hunts are being conducted by special or regular permit or at times when ongoing research or management activities may be impacted.

§65.199. General Rules of Conduct. This section applies to all public hunting lands unless an exception for a specific area and time period is designated by the executive director or by written permission of the department. It is unlawful for any person to:

(1) fail to obey regulations posted at the area or policies established by order of the executive director, fail to comply with instructions on permits or area leaflets, or refuse to follow directives given by departmental personnel in the discharge of official duties;

(2) possess a firearm, archery equipment, or any other device for taking wildlife resources on public hunting lands, except for persons authorized by the department to hunt or conduct research on the area, commissioned law enforcement officers, and department employees in performance of their duties;

(3) camp or construct an open fire anywhere other than in a designated campsite. On the Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs, this restriction applies only during the period from the day prior to the opening of the archery deer season through the day following the close of the general deer season;

(4) camp for than more than 14 consecutive days on the same unit of public hunting lands, or for more than 21 days in any 30-day period;

(5)[(4)] cause, create, or contribute to excessive or disturbing sounds beyond the person's immediate campsite between the hours of 10 p.m. and 6 a.m.;

(6)[(5) to] establish a camp and leave it unattended for a period of longer than 24 hours;

(7)[(6)] disturb or remove plants, wood, rocks, gravel, sand, soil, shell, artifacts, or other objects from public hunting lands, except as authorized by the department;

(8)[(7)] write on, scratch, or otherwise deface natural features, signs, buildings, or other structures;

(9)[(8)] fail to deposit refuse in designated containers or fail to remove it from the area;

(10)[(9)] consume or be under the influence of alcohol while engaged in hunting activities, or to publicly consume or display an alcoholic beverage while on public hunting lands;

(11)[(10)] possess dogs in camp that are not confined or leashed;

(12)[(11)] use or possess any type of riding stock or pack animal on public hunting lands at any time, except:

(A) as may be provided by order of the executive director; or

(B) by written authorization of the department[; or]

[(C) when authorized for specific areas and time periods scheduled under the Texas Conservation Passport Program];

(13)[(12)] use an airboat within the boundaries of public hunting lands, except as provided by executive order as designated for specific areas and time periods by order of the executive director or by written permission of the department;

(14)[(13)] take an antlerless deer during the general open season on wildlife management areas jointly managed by TPW and the U.S. Forest Service (Alabama Creek, Bannister, Caddo, Moore Plantation, or Sam Houston National Forest) unless that person possesses on their person a U.S.F.S. antlerless permit[TPW-issued WMA Antlerless Permit]; [or]

(15)[(14)] enter a unit of public hunting lands with an equine or equines, or cause the entry of an equine or equines to a unit of public hunting lands, unless that person has in their immediate possession, for each equine in the person's custody or equine that the person allowed to enter the unit of public hunting lands, a completed VS Form 10-11 (Texas Animal Health Commission) showing that the equine has tested negative to an official Equine Infectious Anemia test within the previous 12 months. The documentation required by this paragraph shall be made available for inspection upon the request of any department employee acting within the scope of official duties;[.]

(16) park or leave a motor vehicle unattended anywhere other than in designated parking areas, if parking areas have been designated;

(17) use a motor vehicle, off-road vehicle, or ATV on a road, in an area, or at a time when such use is restricted to disabled persons, unless the person is in possession of a state-issued disabled parking placard or disabled license plate or assisting such a person.

(18) engage in any activity not specifically authorized by order of the executive director or regulation of the commission.

65.201. Motor Vehicles.

(a) It is an offense to not confine motor vehicle use to designated roads, except parking is permitted on the shoulder of or immediately adjacent to designated roads, and as provided for a disabled person or for a person directly assisting a disabled person.

(b) It is unlawful to hunt any wildlife resource from a motor vehicle, motor-driven land conveyance, or possess a loaded firearm in or on the vehicle, except as provided for a disabled person.

(c) A disabled person may possess a loaded firearm in or on a motor vehicle and may hunt from a motor vehicle except only paraplegics and single or double amputees of legs may hunt migratory birds from a motor vehicle, provided the motor vehicle is not in motion, the engine is not running, and the motor vehicle is not located on a designated road, designated vehicle parking area, or designated campground.

(d) Except as authorized for specific areas and time periods by order of the executive director, or by written permission of the hunt supervisor or area manager, it is an offense for an individual other than a disabled person or a person directly assisting a disabled person to operate an off-road vehicle [all terrain vehicle (ATV)] on public hunting lands.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on