31 Tex. Admin. Code § 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) Firearms.
(A) Except as may be specifically restricted
elsewhere in this chapter, it is lawful to hunt alligators, game animals, and
game birds with any legal firearm (including a muzzleloader).
(B) It is lawful to hunt by means of a legal
firearm equipped with a silencer; however, nothing in this paragraph shall be
construed to relieve any person of compliance with any other federal, state, or
local laws governing the possession or use of firearm silencers.
(C) Special muzzleloader-only deer seasons
are restricted to muzzleloading firearms only.
(D) It is unlawful to use rimfire ammunition
to hunt alligator, deer, antelope, or desert bighorn sheep.
(E) It is unlawful to hunt alligators, game
animals, or game birds with a fully automatic firearm.
(F) In Angelina, Brazoria, Calhoun, Chambers,
Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches,
Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity,
Tyler and Victoria counties, alligators may not be hunted by means of firearms.
In all other counties, alligators may by hunted by means of firearms on private
property, including private waters, but may not be hunted by means of firearms
from, on, in, across, or over public water.
(G) Alligators lawfully caught on a taking
device may be dispatched by means of firearms in all counties.
(2) Archery.
(A) Except as provided in paragraph (3) of
this section, a person may hunt by means of lawful archery equipment during any
open season; however, no person shall hunt deer by lawful archery equipment
during a special muzzleloader-only deer season.
(B) Arrows that are treated with poisons or
drugs, or that contain explosives are not lawful devices for hunting any
species of wildlife resource in this state.
(C) While hunting turkey and all game animals
other than squirrels by means of lawful archery equipment, the arrow or bolt
must be equipped with a broadhead hunting point.
(D) Lawful archery equipment is the only
lawful means that may be used during archery-only seasons, except as provided
in paragraph (3) of this section.
(3) Crossbow--Special Provisions.
(A) In Collin, Dallas, Grayson, and Rockwall
counties:
(i) no person may use a crossbow to
hunt deer during the archery-only season unless the person has an upper-limb
disability and has in immediate possession a physician's statement that
certifies the extent of the disability; and
(ii) any person may hunt deer by means of
crossbow during the general open season and the requirements of clause (i) of
this subparagraph do not apply.
(B) When hunting turkey and all game animals
other than squirrels by means of crossbow
(i)
the crossbow must have a mechanical safety; and
(ii) the bolt must conform with paragraph
(2)(B) and (C) of this section.
(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, bighorn sheep, javelina, or turkey, the air gun:
(i) is a pre-charged pneumatic; and
(ii) fires a projectile of at least .30
caliber in diameter; and
(iii)
fires a bullet of least 150 grains in weight at a minimum muzzle velocity of
800 feet per second or any combination of bullet weight and muzzle velocity
that produces a muzzle energy of at least 215 foot-pounds.
(B) when used to hunt squirrel, pheasant,
quail, or chachalaca, the air gun fires a projectile of at least .177 caliber
(4.5 mm) in diameter producing a muzzle velocity of at least 600 feet per
second.
(C) In Angelina, Brazoria,
Calhoun, Chambers, Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty,
Matagorda, Nacogdoches, Newton, Orange, Polk, Refugio, Sabine, San Augustine,
San Jacinto, Trinity, Tyler and Victoria counties, alligators may not be hunted
by means of air guns. In all other counties, alligators may be hunted by means
of air guns on private property, including private waters, but may not be
hunted by means of air guns from, on, in, across, or over public
water.
(D) Alligators lawfully
caught on a taking device may be dispatched by means of air guns in all
counties.
(E) No person whose date
of birth is after September 1, 1971 may hunt a wildlife resource by means of an
air gun unless that person has successfully completed a department-approved
hunter education course or is otherwise in compliance with the applicable
requirements of §
51.80 of this title (relating to
Hunter Education Course and Instructors).
(5) Arrow guns. It is lawful to use an arrow
gun to take:
(A) alligators in the counties
not listed in subparagraph (D) of this paragraph; however, the provisions of
paragraph (7) of this section apply; and
(B) game animals and upland game birds;
however, the arrow must conform with paragraph (2)(B) and (C) of this
section.
(C) An arrow gun that is
not a pre-charged pneumatic is unlawful.
(D) In Angelina, Brazoria, Calhoun, Chambers,
Galveston, Hardin, Jackson, Jasper, Jefferson, Liberty, Matagorda, Nacogdoches,
Newton, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, Trinity,
Tyler and Victoria counties, alligators may not be hunted by means of arrow
guns. In all other counties, alligators may be hunted by means of arrow guns on
private property, including private waters, but may not be hunted by means of
arrow guns from, on, in, across, or over public water.
(E) Alligators lawfully caught on a taking
device may be dispatched by means of arrow guns in all counties.
(F) No person whose date of birth is after
September 1, 1971 may hunt a wildlife resource by means of an arrow gun unless
that person has successfully completed a department-approved hunter education
course or is otherwise in compliance with the applicable requirements of §
51.80 of this title (relating to
Hunter Education Course and Instructors).
(6) Falconry. It is lawful to hunt any game
bird or game animal by means of falconry under the provisions of Subchapter K
of this chapter (relating to Raptor Proclamation).
(7) Alligator.
(A) Legal devices for taking alligators in
the wild are as follows:
(i) hook and line
(line set);
(ii) alligator
gig;
(iii) longbow, recurved bow,
or compound bow using a barbed arrow;
(iv) hand-held snare with integral locking
mechanism; and
(v) lawful firearms,
air guns, and arrow guns in counties where take by firearm, air gun, or arrow
gun is allowed.
(B) A
line of at least 300-pound test shall be securely attached to all taking
devices other than firearms, air guns or arrow guns used to hunt alligators.
Except as provided in this subsection, hook-bearing lines must be attached to a
stationary object capable of maintaining a portion of the line above water when
an alligator is caught on the line. A line attached to an arrow, snare, or gig
must have a float attached when used to take alligators. The float shall be no
less than six inches by six inches by eight inches, or, if the float is
spherical, no less than eight inches in diameter.
(C) Line-set provisions.
(i) Hook-bearing lines may not be set prior
to the general open season and shall be removed no later than sunset of the
last day of the open season.
(ii)
From sunset to one-half hour before sunrise:
(I) no person shall use any taking device
other than line sets to hunt alligators; and
(II) no person shall set any baited line
capable of taking an alligator and no person shall remove alligators from line
sets.
(iii) On a property
for which the department has issued hide tags, no person shall set more than
one line per unused hide tag in possession.
(iv) On a property that is not in a county
listed in paragraph (1)(E) of this section and for which the department has not
issued hide tags, no person shall set more than one line.
(v) Line sets shall be inspected daily, and
alligators shall be killed, tagged or documented, and removed immediately upon
discovery.
(vi) All line sets on
properties for which hide tags have been issued shall be secured at one end on
the tract of land specified for the hide tags. All other line sets shall be
secured at one end on private property.
(vii) Each baited line shall be labeled with
a plainly visible, permanent, and legibly marked gear tag that contains:
(I) the full name and current address of the
person who set the line;
(II) the
hunting license number of the person who set the line; and
(III) a valid hide tag number, if the line is
set on a property for which hide tags have been issued.
(8) Use of laser
sighting devices. All provisions concerning hunter education requirements apply
to persons hunting with laser sighting devices under this paragraph.
(A) Use of laser sighting devices by persons
who are legally blind.
(i) A person who is
legally blind may use a laser sighting device to hunt game animals and game
birds during lawful hunting hours in open seasons, provided the person is
assisted by a person who:
(I) is not legally
blind;
(II) has a hunting license;
and
(III) is at least 13 years of
age.
(ii) A person who
uses a laser sighting device under the provisions of this subparagraph must
have in possession a signed statement from a physician or optometrist to the
effect that the person is legally blind by the standard of Government Code, §
62.104, and must
present the statement to any peace officer or department employee acting within
the scope of official duties.
(B) Use of laser sighting devices by persons
who are physically disabled.
(i) A person with
a physical disability may use a laser sighting device during lawful hunting
hours in open seasons when assisted by a person who:
(I) is not legally blind or a person with a
physical disability that renders the person incapable of using a traditional
sighting device;
(II) has a hunting
license; and
(III) is at least 13
years of age.
(ii) A
person who uses a laser sighting device under the provisions of this
subparagraph must have in possession a signed statement from a physician or
optometrist certifying that the person is incapable of using a traditional
sighting device.
(9) Special Provisions.
(A) Desert bighorn sheep. Except as provided
in this paragraph, no motorized conveyance of any type shall be used to herd or
harass desert bighorn sheep.
(B)
Hunting by remote control. It is an offense for any person to hunt a wildlife
resource by the means listed in this section if that person is not physically
present and personally operating the means of take at the location where the
hunting occurs during the time that the hunting occurs.
Notes
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