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.
Source Note: The provisions of this §65.309 adopted to be effective August 26, 1997, 22 TexReg 7896; amended to be effective August 20, 1998, 23 TexReg 8461; amended to be effective September 14, 1999, 24 TexReg 7273; amended to be effective August 13, 2007, 32 TexReg 5027