TITLE natural-resources-and-conservation

Part II. Texas Parks and Wildlife Department

Chapter 65. Wildlife

Subchapter N. Migratory Gamebird Proclamation

31 TAC §65.321

(Editor's note: The text of the following section will not be published. The section may be examined in the offices of the Texas Parks and Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Parks and Wildlife Department adopts, on an emergency basis, the repeal of §65.321, concerning the Special Management Provisions in the Migratory Game Bird Proclamation. The emergency action is necessary to temporarily modify the state's migratory game bird regulations to conform with federal regulations. The emergency action will function to delay the implementation of special management provisions for the take of light geese, pending final authorization by the federal government. When the U.S. Fish and Wildlife Service issues final regulations authorizing Texas to implement the special management provisions of §65.321, the department will withdraw the emergency repeal. The repeal is adopted on an emergency basis to prevent a conflict between state and federal law.

The repeal is adopted on an emergency basis under Parks and Wildlife Code, Chapter 64, Subchapter C, 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; and Government Code, §2001.034, which authorizes a state agency to adopt an emergency rule if the agency finds that a requirement of federal law requires adoption on fewer than 30 day's notice.

§65.321.Special Management Provisions.

Filed with the Office of the Secretary of State, on February 5, 1999.

TRD-9900782

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: February 5, 1999

Expiration date: June 5, 1999

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