Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 65 - WILDLIFE › Subchapter N - MIGRATORY GAME BIRD PROCLAMATION › Section 65.309 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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 Subchapter A of this chapter (relating to Statewide Hunting and Fishing
					 Proclamation).
(1) Baited area--Any
				  area where salt, grain, or other feed has been placed, exposed, deposited,
				  distributed, or scattered, if that salt, grain, or other feed could serve as a
				  lure or attraction for migratory game birds to, on, or over areas where hunters
				  are attempting to take them. Any such area will remain a baited area for ten
				  days following the complete removal of all such salt, grain, or other
				  feed.
(2) Baiting--The direct or
				  indirect placing, exposing, depositing, distributing, or scattering of salt,
				  grain, or other feed that could serve as a lure or attraction for migratory
				  game birds to, on, or over areas where hunters are attempting to take
				  them.
(3) Daily bag limit--The
				  quantity of a species of migratory game bird that may be lawfully taken in one
				  day.
(4) Day--A 24-hour period of
				  time that begins at midnight and ends at midnight.
(5) Dark geese--Canada, white-fronted, and
				  all other geese except light geese.
(6) Harvest Information Program (HIP)--A
				  mandatory certification process for all persons who hunt or intend to hunt
				  migratory game birds. To be certified, a person must answer a series of
				  questions about their migratory game-bird hunting habits.
(7) Legal shotgun--A shotgun not larger than
				  10 gauge, fired from the shoulder, and incapable of holding more than three
				  shells. (Guns capable of holding more than three shells must be plugged with a
				  one-piece filler which is incapable of removal without disassembling the gun,
				  so the gun's total capacity does not exceed three shells.)
(8) Light geese--Snow, blue, and Ross'
				  geese.
(9) Livestock--Cattle,
				  horses, mules, sheep, goats, and hogs.
(10) Manipulation--The alteration of natural
				  vegetation or agricultural crops, including but not limited to mowing,
				  shredding, discing, rolling, chopping, trampling, flattening, burning, and
				  herbicide treatments. Manipulation does not include the distributing or
				  scattering of grain, seed, or other feed after removal from or storage on the
				  field where grown.
(11) Migratory
				  bird preservation facility--A stationary facility designed and constructed to
				  store or process game animals and game birds. For the purposes of this
				  subchapter, a migratory bird preservation facility is a cold storage or
				  processing facility as defined by Parks and Wildlife Code, §
										42.001.
(12) Natural vegetation--Any
				  non-agricultural, native, or naturalized plant species that grows at a site in
				  response to planting or from existing seeds or propagule. Natural vegetation
				  does not include planted millet. However, planted millet that grows on its own
				  in subsequent years after the planting is considered natural
				  vegetation.
(13) Nontoxic shot--Any
				  shot approved by the director, U.S. Fish and Wildlife Service.
(14) Normal agricultural practice--A normal
				  agricultural planting, harvesting, or post-harvest manipulation, or livestock
				  feeding conducted in accordance with official recommendations of State
				  Extension Specialists of the Cooperative Extension Service of the U.S.
				  Department of Agriculture.
(15)
				  Normal soil stabilization practice--A planting for agricultural soil erosion
				  control or post-mining land reclamation conducted in accordance with official
				  recommendations of State Extension Specialists of the Cooperative Extension
				  Service of the U.S. Department of Agriculture.
(16) Paraplegic--An individual afflicted with
				  paralysis of the lower half of the body with involvement of both legs, usually
				  due to disease of or injury to the spinal cord.
(17) Possession limit--The maximum number of
				  a species of migratory game bird that may be lawfully possessed at one
				  time.
(18) Personal residence
				  (personal abode)--One's principal or ordinary home or dwelling place. The term
				  does not include a temporary or transient place of residence or dwelling such
				  as a hunting club, or any club house, cabin, tent, or trailer house used as a
				  hunting club, or any hotel, motel, or rooming house used during a hunting,
				  pleasure, or business trip.
(19)
				  Sinkbox--Any type of low floating device having a depression which affords the
				  hunter a means of concealing himself below the surface of water.
(20) Waterfowl--Ducks (including teal),
				  geese, mergansers, and coots.