1. (a) The following means and methods are lawful, subject to control of subsection (b) of this section, in the taking of migratory game birds:

   1. (1) dogs, artificial decoys, manual or mouth-operated birdcalls, lawful archery equipment (except crossbows), legal shotguns, and by means of falconry;
   2. (2) positions in the open or from a blind or other place of concealment except a sinkbox;

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

      1. (A) 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. (B) any sails are furled and any motor is completely shut off;
   4. (4) taking on or over unbaited areas;
   5. (5) taking by the use of power boats, sailboats, or other craft when used solely as a means of picking up dead or injured birds; and
   6. (6) paraplegics and single or double amputees of the legs may take migratory game birds from any stationary motor vehicle or motor-driven land conveyance.
   7. (7) taking by means of falconry, but the hunting is limited to persons holding valid falconry permits issued under the authority of Parks and Wildlife Code, Chapter 49.

2. (b) The following means and methods are unlawful in the taking of migratory game birds:

   1. (1) trap, snare, net, crossbow, fish hook, poison, drug, explosive, or stupefying substance;
   2. (2) any firearm other than a legal shotgun;
   3. (3) from, or by means, aid, or use of sinkbox, motor-driven conveyance, motor vehicle, or aircraft of any kind;
   4. (4) by the use of recorded or electrically amplified birdcalls or sounds;
   5. (5) by the use of live birds as decoys;
   6. (6) by the means or aid of motor-driven land, water, or air conveyance or sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory game bird; and

   7. (7) by the aid of baiting, or on or over any baited area, or where migratory birds are lured, attracted, or enticed by bait. However, nothing in this subsection shall prohibit:

      1. (A) the taking of migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting;
      2. (B) the taking of migratory game birds, except waterfowl, on or over lands where shelled, shucked, or unshucked corn, wheat, or other grain, salt, or other feed that has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes; provided that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown; and
      3. (C) the taking of migratory game birds on or over moist soil or aquatic vegetation manipulated by any means.
3. (c) No person may possess shotgun shells containing any shot material, or loose shot for muzzleloading firearms, other than nontoxic shot while hunting waterfowl (ducks, geese, and coots) anywhere in Texas, including the shooting of privately owned banded pen-reared mallards on licensed private bird hunting areas.
4. (d) Nothing in this subchapter applies to persons taking birds pursuant to valid collection or depredation permits when operating within the terms of such permits.
5. (e) 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.

Source Note:The provisions of this §65.310 adopted to be effective August 26, 1997, 22 TexReg 7896.