~}~~. N0. 10752 ORDER APPROVING EDWARDS PLATEAU HUTdTING, FISHING, AND TRAPPING PROCLAMATION DiO. A-21, 1968-6g On this the 12th day of August, 1y68, came on to be considered by the Commissioners' Court of Kerr County, Texas, Edwards Plateau Hunting, Fishing and Trapping Proclamation No. A-21, 1968-69, issued and adopted by the Parks and Wildlife Commission of the State of Texas on the 10th day of July 1968, and it being found and determined by the Court that (1) this is the first regular meeting of such Court occurring more than five (5) days after the meeting of the Parks and Wildlife Commission at which such Proclamation was adopted; (2) prior hereto, on the 12th day of June 1968 at 8;00 o'clock P.M., a public hearing was held in Kerr County by an employee of the Parks and Wildlife Commission relative to proposed Proclamation No. A-21, 1968-69, and (3) notices of such public hearing was given in a newspaper published in Kerr County at least ten (10) days prior to the date of such hearing, and after a reading of the terms of the said proclamation all interested parties having been given an opportunity to be heard thereon, it is ordered on motion by Commissioner Schwethelm, seconded by Commissioner Bartel, the Court unanimously approved that the said Proclamation No. A-21, 1y68-69 be in all things approved by the Commissioners' .-. Court of Kerr County, and that said proclamation be recorded verbatim in the Minutes of this Court as an appendix to this order. o-o-o-o-o-o-o-o-o-o EDlVARDS PLATEAU HUNTING, FISHING, AND TRAPPING PROCLAP~,~TIOP1 N0. A-21, 1968-6g PART I 1.01 Application. This proclamation applies to all the game birds, game animals, fur-bearing animals of all kinds, alligators, fish and other aquatic life and marine animals of all kinds in the Edwards Plateau Regulatory District which for these purposes shall consist of the following counties: Bandera, Blanco, Burnet, Comal, Crockett, Edwards, Gillespie, Hays, Kendall, Kerr, Kimble, Lampasas, Llano, Mason, McCulloch, Menard, Real, San Saba, Schleicher, Sutton, Travis, and Val Verde Counties; except that (a) It applies only to deer in San Saba County. (b) It does not apply to alligators in Kendall County. 1.02 Authority. This proclamation is issued pursuant to Article 978j-1, V.A.P.C., and Chapter 552, Acts of the 60th Legislature, Regular Session, 1967. 1.03 Effective Date. This proclamation shall be effective on and after the indicated dates in each county of the District until amended, revoked, or modified. In Bandera, Crockett, Edwards, Hays, Kendall, Kerr, Kimble, Lampasas, Menard, Real, Schleicher, Sutton, and Val Verde Counties, 15 days after adoption by the Parks and Wildlife Commission subject to disapproval by the Commissioner's Court of each such counties at the next regular meeting of such Court occurring more than five (5) days after the Parks and 1ildlife Commission meeting at which adopted. In the remainder of the district on and after the fifteenth (15th) day after adoption by the Parks and Wildlife Commission. Any and all proclamations, and amendments thereto, affecting the counties named in part 1.01 above and which pertain to the activities herein regulated, are revoked when Edwards Plateau Proclamatio No.A-21, 1368-69 6.Fc)~ this proclamation validly takes effect. 1.04 Finding of Fact. After having conducted continuous research and investigations of the supply, environment, and other factors of the wildlife resources of the Edwards Plateau Regulatory District, it is found that a sufficiently ample supply of wildlife resources exists in said District to allow such resources to be taken in accordance with the regulations herein set forth. 1.05 Consent. As provided by law, none of the wildlife resources of the Edwards Plateau Regula- tory District may be taken from privately owned land or water without the consent of the owner or the owner's agent. 1.06 Definitions. (a) "Department" or "Parks and Wildlife Department" is defined as the context requires, as either the Parks and Wildlife Department or a specifically authorized employee thereof. (b) The following are "game animals": wild antelope, wild buffalo, wild black bear, wild deer, wild elk, wild javelina, wild Desert Bighorn sheep, wild gray or cat squirrels, and wild fox or red squirrels. (Art. 892, V.A.P.C.) (c) A "buck deer" is defined as a deer having a hardened antler protruding through the skin. (d) An "antlerless and/or doe deer" is defined as a deer having no hardened antler -2- dwards lateau roclamation o. A-21, - 1968-69 protruding through the skin. (e) The following are "game birds": wild turkey, wild ducks of all varieties, wild geese of all varieties, wild brant, wild grouse, wild prairie chicken or pinnated grouse, wild pheasants of all varieties, wild partridge of all varieties, wild quail of all varieties, wild pigeons of all varieties, wild mourning doves, wild white-winged doves, wild snipe of all varieties, wild shore birds of all varieties, wild Mexican pheasants or chachalacas, wild plover of all varieties, and wild sandhill cranes. (Art. 872, V.A.P.C.) (f) "Migratory birds" are wild ducks, geese, brant, mourning and white-winged doves, Wilson's snipe or jacksnipe, plover, sandhill cranes, coot, rail, gallinules, and woodcock. (g) A "bearded hen" is defined as a female turkey possessing a clearly visible beard protruding through the feathers of the breast. (h) The following are "fur-bearing animals": wild beaver, wild otter, wild mink, wild ring-tailed cat, wild badger, wild polecat or skunk, wild raccoon, wild muskrat, wild opossum, wild fox, and wild civet. (Art. 923m, V.A.P.C.) 1.07 Open Seasons - General Rules. Open seasons are given by their opening and closing dates and include all days between such opening and closing dates. There is no open season on game animals, game birds or fur-bearing animals on State game preserves, statutory wildlife sanctuaries, United Stiate; wildlife sanctuaries, within the corporate limits of any city and on public roads and high- ways and rights of way while such roads are under construction. Except on fur-bearing animals and fish, seasons are closed during the hours between one-half hour after sunset and one-half hour before sunrise. Hours during which migratory birds may be taken may be further restricted by the Migratory Bird Proclamation. It is unlawful to take or attempt ~~ to take any of the wildlife resources of the Edwards Plateau Regulatory District except during the open seasons as indicated in tYiis proclamation. It shall be unlawful for any person to possess the carcass of any deer which does not have attached the reto a tag issued to such person on his valid hunting license unless -3- the carcass has been finally processed. It shall be unlawful to attach the bonus deer tag Edwards Plateau from a valid hunting license to a deer other than an antlerle ss and/or doe deer. Froclamat~ TIo. A-21, 1968-69 It shall be unlawful to posse ss the carcass of any deer with all evidence of sex removed until the carcass has been finally processed. 1.08 Rough Fish Contracts and Management Practices. Taking or attempting to take any fish or game in the above named counties by any means other than as hereinafter set forth shall be unlawful, except under the fish manage- ment contracts with the Parks and Wildlife Department for removal of rough fish, as provided in Article 4050c, V.C.S. However, none of this proclamation shall apply to the Parks and Wildlife Department of Texas, its agents or employees when in the course, acts, or pro- cedures of conservation, removal of rough fish or other practices deemed by said Department ,--. to be in the best interest of game and fish culture and the preservation of the sports of hunting and fishing. PART 2 2.01 Paeans and Methods. It shall be unlawful to take or attempt to take or kill or attempt to kill any game bird or game animal except by the means and methods authorized under Part 2 of this proclamation. 2.02 Firearms. It shall be lawful to shoot game animals and game birds, other than migratory game birds, with a rifle, shotgun, or other legal firearm. It is unlawful to shoot any game bird with a shotgun that is not permanently plugged to not more than three-shell capacity. _y~ "No person shall use any .22 caliber firearm which utilizes rimfire ammunition in T'%DWARDS PLATEAU the taking or shooting of, or in attempting to take or shoot, wild deer, wild elk, wild FROCLA'r:A-- L IOn PTO . antelope, wild aoudad sheep, or wild Desert Bighorn sheep." (Art. 879h-6 V.A.F.C.) A-21, 1y68-69 2.03 Archery. It is lawful to hunt deer, bear, turkey, and javelina during the open seasons provided therefor, with a longbow and arrow only if: (a) the bow is capable of shooting a hunting arrow equipped with a broadhead hunting point for a distance of one hundred and tYiirty yards, and (b) the arrow is equipped with a broadhead hunting point at least seven-eighths inch in width and not over one and one-half inches in width, and (c) the arrow bears the name and address of the user in a non-water-soluble medium, and (d) the arrow is not either poisoned, drugged, or explosive. It is unlawful to use a crossbow. 2.04 Hunting from Vehicle. It is unlawful to shoot at or take any game bird or game animal from any type of motor-powered vehicle, or boat under sail or power, or from any airplane, but an incapacitat- ed person so certified by a physician may hunt from an automobile under the same circum- stances as permitted in Article 901,V.A.P.C., as amended. Such person may not hunt from Cl~~~c~ any public road in the State. Antelope may be stalked from but not chased by an automobile. 2.05 Hunting Deer with Dogs. It shall be unlawful to use a dog or dogs in hunting, pursuing, or taking deer; however, it shall be lawful to use a dog or dogs in trailing wounded deer. -5- DWARDS PART 3 LATEAU 3,01 Permits. RocLArlAT1oN 0. A-21, 968-69 Pdo person may hunt, shoot, or kill any wild prong-horned antelope, buffalo (American Bison), ell., or antlerless and/or doe deer unless he first procures a valid permit therefor from the Parks and Wildlife Department. Pdo permit shall be valid unless it shall have been issued, used, and possessed strictly in accordance with the rules set forth in Part 3 of this proclamation. 3.02 Antelope Permits. The Parks and Wildlife Department shall designate the number of antelope to be harvested from any given tract of land and shall issue a like number of permits to the _ owner or authorized agent of such tract. No person may hunt any antelope unless he is carrying on his person such a permit duly issued and signed by the landowner or his agent. It shall be unlawful to possess any antelope which does not have attached thereto an ante- lope permit on which appear the date of kill, the hunter's name, and the signature of the owner or agent of the tract on which the antelope was killed. 3.03 Antlerless Deer Permits. The Parks and Wildlife Department shall issue antlerless and/or doe deer hunting permits for designated tracts only to bona fide landowners or their agents only after said owners or agents have applied in writing for the exact number of permits to be used on said designated tracts. Said owners or agents shall tkien issue permits to individual banters before the hunter begins his hunt on said designated tracts. It shall be unlawful for any landowner or agent to issue any antlerless and/or doe deer hunting permit to a hunter to hunt on any tract other than the designated tract -6- DWARDS for which such permit was issued. LATEAU 1'ROCLA~IA- It shall be unlawful for any hunter to use an antlerless and/or doe deer hunting TION N0. -21, 1968-69 permit on any tract other than the designated tract for which such permit was issued. It shall be unlawful for any person to possess an antlerless deer unless such person shall have been issued an antlerless and/or doe deer hunting permit on which appear the date of kill, the hunter's name, and the signature of the owner or agent on whose tract the deer was killed. Such permit shall be attached to the foreleg of each antlerless deer taken and shall remain so attached until such deer has been finally processed. It shall be unlawful for landowners or agents receiving antlerless and/or doe deer hunting permits to fail to return the fully completed stubs from used permits and all unused permits and stubs to the issuing officer not later than January 10 of the year following date of issuance. 3.04 Buffalo (American Bison) Permits. Buffalo permits will be issued in accordance with Article 978h, V.A.P.C. I 3.05 Elk Permits. The Parks and Wildlife Department shall designate the number of elk to be harvested from any tract of land and shall issue a like number of permits to the owner or authorized agent of such tract. No person may hunt any elk unless he is carrying on his person such a h~~ _-_ _ ~,_ permit duly issued and signed by the landowner or his agent. It shall be unlawful to ,_,,_ . possess any elk which does not have attached thereto an elk permit on whicYi aupear the date of kill, the hunter's name, and the signature of the owner or agent of the tract on which the elk was killed. _7_ EDwARDs PART 4 pLA'PEAU 4.01 Open Seasons and B~ Limits for Game Animals. NO~.CAAZATI It shall be unlawful to take or attempt to taite any game animals at any time other 1968-69 than during the open season provided in Part 4 of this proclamation or to take more than the daily bag limits, or to have in possession more than the possession limits, or to have in possession any game animal taken at any time other than during the open seasons. 4.02 Antelope. No open season 4.03 Buffalo. By permit only. There is no closed season and no bag limit. 4.04 Deer. Bag limit: Two (2) buck deer except that by special permit only antlerless deer may be taken in areas that may be designated by the Parks and Wildlife Department; however, no one person may kill or possess more than three (3) deer in the aggregate. Open season: The second Saturday of November through January 1. There shall be an additional open season in Kerr and Kimble Counties October 1 through October 31 during which only buck deer with pronged antlers may be taken with longbow and arrows, and in Kendall County there shall be an additional open season on buck deer with pronged antlers, which may be taken only with longbow and arrows, during the thirty (30) days immediately preceding the general open season provided above. 4.05 Javelina. No closed season or bag limit. 4.06 Squirrels. No closed season or bag limit. -8- 4.07 Desert Bighorn Sheep. ED'~1ARDS PLATEAU No open season. PROCLAI`~.AT D?0. A-21, 4.G8 Bear. 1968-69 No closed season or bag limit. 4.09 Elk. By permit only. There is no closed season and a bag limit of one (1). PART 5 5.01 Open Seasons and Bag, Limits for Game Birds. It shall be unlawful to take or attempt to take any game bird at any time other than during the open seasons provided in Part 5 of this proclamation, or to take more than the daily bag limits, or to have in possession more than the possession limits, or to have in possession any game bird taken at any time other than during the open seasons. 5.02 Prairie Chicken. No open season. x.03 Partridge. P1o open season. 5.04 Pheasants. No open season. e 5.05 !wail. - Bag limit: Twelve (12) quail per day and thirty-six (36) in possession. Open season: The second Saturday of Povember through January 31. 5.06 Turkey. Bag limit; Two (2) turkeys, gobbl ers or bearded hens, per se ason. -9- )';IARDS Open season: The second Saturday of November through January 1, provided there BATEAU tOCLAN.ATIGN shall be an additional open season in Kendal l County during the thirty (30) days imrnediate- >. A-21, 368-69 ly prece ding the open season herein provided during which turkeys may b e taken only with longbow and arrows. 5.07 I-Tigratory Birds. The regulations for taking migratory birds are prescribed in the P~Tigratory Bird Proclamation. PART 6 6.01 Fur-bearing Animals. Fur-bearing animals may be taken in any number at any time, but the pelts may not be taken for sale except during the open season as provided in Part 6 of t?ris proclama- tion. Plear.s of taking fur-bearing animals is not restricted except mink may not be hunted with dogs. 6.02 T+Iuskrats. The pelts of muskrats may be taken for sale only during the period November 15 through larch 15. (Art. 923m, V.A.P.C.) 6.03 Mink. The pelts of mink may be taken for sale only during the period November 15 through January 15. (Art. 923m, V.A.P.C.) 6.04 Other Fur-bearing Animals. The pelts of Łur-be-firing animals other than muskrat and mink may be taken for sale only during the period December 1 through January 31 at any time. (Art. 923m, V.A.P.C.) PART 7 -- 7.01 Fish. It shall be unlawful to take or attempt to take, or possess any fish in greater -10- iWARDS numbers or at any other time than as permitted in Part 7 of this proclamation. There is .ATEAU OCLAMATION no close d season on fishing except that there may be a closed season on State or Federal . A-21, 68-69 Wildlife Sanctuaries. 7.02 B~ and Possession Limits. (a) The daily bag limit on largemouth, smallmouth, and spotted black bass is fifteen (15) in the aggregate and there is no possession limit. (.b) The daily bag limit on channel, blue, and flathead catfish is twenty-five (25) in the aggregate and there is no possession limit. (c) The possession limit on minnows, bream and perch is 200 each, except that there are no limits on minnows taken from Travis, Burnet, Menard, Llano, and Crockett Counties or from minnow hatcheries. (d) 't'here are no bag or possession limits on other species of fish, except that the daily bag limit on Rainbow trout is five (5) and there is no possession limit. 7.03 Rough Fish. The following are rough fish: carp, suckers, buffalo, gar, shad, Rio Grande ~~~ i perch, drum or gaspergou, bowfin or Brindle, pickerel, mullet, and goldfish. 7.04 Means and Methods. It is unlawful to take or attempt to take any fish by any means or method except as specifically allowed in this section. Only the following means or methods of taking fish may be used: (a) Not more than one hundred (100) hooks altogether which may be used in any combination of the following: pole and line, rod and reel, artificial and natural baits, nonmetallic hand line, set line, or throw line, and not more than two (2) nonmetallic trot- lines with not more than fifty (50) hooks each; hoola on throw lines and trotlines must be spaced not less than three (3) horizontal Łeet apart. Tdo trotline may be placed or set in the vicinity of any public boat dock, or public bathing pier, or public bathing beach, or -11- ~D'd1ARD S any public place commonly used as a swimming or bathing area, PL-aTEAU Exception (i): In Lake Buchanan, not more than thirty (30) hooks may be used on YdOCLAi'%A T7 P.O. A-21, one trotline, nor more than six (6) hooks on one throw line. No more than thirty (30) 1y68-69 hooks may be used by one person on all devices employed by him, but there is no limit on ,-. the num'oer of trotlines employed, so long as no trotline has more than thirty (30) hooks. Exception (ii): Ir. the Yecos River in Crockett County there are no restrictions on the number of hooks which may be employed in total or on any device. Exception (iii): In Tiedina Lake there is no limit on the number of trotlines that may be employed. Exception (iv): In the Colorado River in Lampasas County and in the Colorado River between Burnet and San Saba Counties no trotline may have more than twenty (20) hooks, but there is no limit on the number of trotlines employed. (b) Minnow seines not more than twenty (20) feet in length for taking only minnows, sunfish (bream or perch), or rough fish. Exception: In Lake Buchanan, minnow seines not longer than fifty (50) feet may be used. (c) A common fruit-jar-type trap or its metallic counterpart not longer than twenty-four (24) inches with throat no larger than one (1) inch in diameter, dip nets, cast nets, or umbrella nets, constructed of nonmetallic materials for taking only minnows, sunfish (bream or perch), and rough fish. All other fish must be immediately released in the water from which taken. (d) A spear gun and spear or bow and arrows for taking only rough fish, but it shall be unlawful to possess any fish other than rough fish when using a spear gun and spear or bow and arrow. -12- (e) A %i re loop for taking rough fish, but when using a wire loop, one may not ED'~JARDS PLATEAU PRCCLAT+IAT] possess any crappie, bass, or catfish. N0. A-21, 1968-6g (f) In Gillespie County only, except during March, April, and Alay, a nonmetallic net having mesh not less than two (2) inches square for taking only rough fish (any fish r_ot designated rough fish taken in such a net must be immediately released into the waters where taken). PART S 8.01 Alligators. D?o open season. X37 PART g 9.01 Penalty for Violation. Penalty provisions are a part of the Enabling Acts listed in Part 1.02 of this proclamation. The penalty provided by law for violation of this proclamation is a fine of not less than Twenty-five Dollars 025.00) nor more than Two Hundred Dollars (:200.00). STATE GF TEXAS COUNTY OF TRAVIS THIS IS TO CERTIFY that the foregoing is a true and correct duplicate original copy of the proclamation, rules and regulations issued and adopted by the Parks and Wild- life Commission at its meeting with a quorum present, at Austin, Texas July 10, 1968. WI`1NESS MY HAND AND SEAL OF OFFICE this the 12th day of July 1968. (SEAL) /s/ R. G. Mauermann /t/ R. G. Mauermann, Deputy Director Parks and Wildlife Department State of Texas ATTEST: /s/ Regina Winstead /t/ Regina 'Winstead -13- Filed 12 day of Aug. A.D. 1968 ETTrIIE M. T~TUENKER Clerk County Ccurt, Kerr County, Texas D By /s/ Estella Witt, Deputy o-o-o-o-o-o-o-o-o-o T_d0. 10753 ORDER AUTHORILING APPLICATIODI FOR KERR COUNTY LATERAL ROAD SURPLUS FUNDS IN ACCOUNT 'vJI`PH BOARD OF COUNTY AND DISTRICT ROAD ID?DEBTEDNESS On this the l:~th day oi" August 1y68, it coming to the attention of the Court that there will be surplus funds in the arnoiznt of X20,864.12 credited to the lateral road account toad of Kerr County by the Board of County and District~Irdebtedness of the State of Texas and it appearing to the Court that funds should properly be expended for the purpose of construc- tion and improvement of lateral roads within Kerr County, it is ordered on motion by Commis- sinner Stone, seconded by Commissioner Bartel and unanimously approved by the Court that Kerr County request the Board of County and District Road Indebtedness to forward the said funds to the Treasurer of Kerr County upon their becoming available; and it is further ordered that all such funds are here and now earmarked, set aside and designated to be used by Kerr County for the ourpose of construction and improvement of Kerr County Lateral Roads, and the Treasurer of Kerr County be directed to deposit such funds upon their receipt in the proper fund in the County Depository and it is further ordered that the County Clerk ~p~i! prepare a certified copy of this order and forward the same to the Board of County and ~f~ District Road Indebtedness, 217 Highway Building, Austin, Texas. o-o-o-o-o-o-o-o-o-o N0. 10754 ORDER AUTHURILING APPUIN`l'TrIEN`1' OF T°TARGARET MUMt'IE AS DEPUTY COUNTY CLERK On this the 12th day of August 1y68, came on to be considered by the Court the applica- tion of Emmie M. Muenker, County Clerk, for authority to appoint and deputize Margaret Mumme as Deputy County Clerk, and it appearing to the Court that said officer is entitled to said Deputy and that the application should be approved; therefore on motion made by Commissioner Stone, seconded by Commissioner Bartel, the Court unanimously approved that said officer be authorized to deputize Margaret Mumme as Deputy County Clerk and that her salary be set at