1. (a) It is unlawful to hunt migratory game birds by any means or method other than as authorized in this section.

   1. (1) Lawful means: lawful archery equipment (except crossbows), legal shotguns, and falconry.

   2. (2) Lawful methods: It is lawful to hunt:

      1. (A) with dogs, artificial decoys, manual or mouth-operated birdcalls;

      2. (B) in the open or from a blind or other place of concealment except a sinkbox; including but not limited to:

         1. (i) blinds camouflaged with natural vegetation; and
         2. (ii) blinds camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing, or scattering of grain or other feed;

      3. (C) from floating craft (other than a sinkbox), provided that at the time of hunting:

         1. (i) any motion by the craft is the result of manual propulsion or natural current or wind, and not by sail or motive power; and
         2. (ii) any sails are furled and any motor is completely shut off;

      4. (D) on or over unbaited areas, including:

         1. (i) standing crops or flooded standing crops; and
         2. (ii) flooded harvested cropland.
      5. (E) by the use of power boats, sailboats, or other craft when used solely as a means of picking up dead or injured birds;
      6. (F) from any stationary motor vehicle or motor-driven land conveyance, provided the hunter is missing at least one leg or is a paraplegic;
      7. (G) on or over standing, flooded, or manipulated natural vegetation;

      8. (H) on or over lands or areas where seeds or grains have been scattered solely as a result of a normal agricultural practice or pre-harvest manipulation of an agricultural crop, except that waterfowl and cranes may not be hunted where grain or other feed has been distributed or scattered as the result of:

         1. (i) pre-harvest manipulation of an agricultural crop; or
         2. (ii) livestock feeding;
      9. (I) on or over normal soil stabilization practice; and
      10. (J) on or over crops where grain has been inadvertently scattered as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
2. (b) No person may possess shotgun shells containing any shot material, or loose shot for muzzleloading firearms, other than nontoxic shot while hunting waterfowl anywhere in Texas, including the shooting of privately owned banded pen-reared mallards on licensed private bird hunting areas.
3. (c) Nothing in this subchapter applies to persons taking birds pursuant to valid collection or depredation permits when operating within the terms of such permits.
4. (d) Except for migratory birds processed at a cold storage or processing facility, or doves, one fully-feathered wing or the head must remain attached on dressed migratory game birds while the birds are being transported between the place where taken and the personal residence of the possessor.
5. (e) No person may place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area.

Source Note:The provisions of this §65.310 adopted to be effective August 26, 1997, 22 TexReg 7896; amended to be effective September 14, 1999, 24 TexReg 7273.