1. (a) The following means and methods are lawful, subject to control of subsections (b) and (c) 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) 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) Paraplegics and single or double amputees of the legs may take migratory game birds from a stationary motor vehicle or motor-driven land conveyance.

3. (c) Except as specifically provided in §65.321 of this title (relating to Special Management Provisions), 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 a 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, where a person knows or reasonably should know that the area is or has been baited. However, nothing in this paragraph prohibits:

      1. (A) the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over the following lands or areas that are not otherwise baited areas:

         1. (i) standing crops or flooded standing crops (including aquatics);
         2. (ii) standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice;
         3. (iii) from a blind (or any other place of concealment) camouflaged with natural vegetation;
         4. (iv) from a blind (or any other place of concealment) 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; or
         5. (v) standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
      2. (B) the taking of any migratory game bird, except waterfowl, coots and cranes, on or over lands or areas that are not otherwise baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation.
4. (d) No person may possess shotgun shells containing any shot material, or loose shot for muzzleloading firearms, other than nontoxic shot approved as lawful for the hunting of waterfowl by the U.S. Fish and Wildlife Service, while hunting waterfowl anywhere in Texas, including the shooting of privately owned banded pen-reared mallards on licensed private bird hunting areas.
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.
6. (f) 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; amended to be effective August 14, 2005, 30 TexReg 4482; amended to be effective December 22, 2005, 30 TexReg 8440.