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Jun 20, 2024

Off Limits: Texas passes bill limiting hunting in river and stream bottoms

While it will not impact waterfowl hunting or fishing, a bill passed last session by the Texas Legislature will end most other types of hunting withing the boundaries of a navigable river or stream in

While it will not impact waterfowl hunting or fishing, a bill passed last session by the Texas Legislature will end most other types of hunting withing the boundaries of a navigable river or stream in Texas.

Hunters and fishermen can always expect the unexpected anytime the Texas Legislature is in Austin. Not surprisingly, the 88th Legislature did not disappoint.

This time it was Senate Bill 1236, which expanded rules involving hunting from navigable waters in Dimmit, Edwards, Frio, Hall, Kennedy, Llano, Maverick, Real, Uvalde and Zavala County to a statewide regulation by the time it worked its way through both houses and onto the Governor’s desk for signing.

“What this did, if you look at chapter 284 of the Texas Parks and Wildlife code, this law has applied since 2005 or 2006 in nine counties in the state. What this did was make it statewide. It prohibits the discharge of a firearm or archery on the banks of a navigable river or stream,” explained Stormy King, TPWD Law Enforcement Assistant Commander of Wildlife Enforcement.

He added there were exceptions added that hunting with shotguns using shot such as for duck hunting, a rifle for someone alligator hunting on public waters or for shooting a poisonous snake or non-indigenous rodent, or archery equipment for fishing.

When it comes to legislative action, TPWD’s roll is not to lobby for or against a bill. Staff are called into hearings on the bill and respond to any questions legislators might have.

“I know it has been on the books for 18 years, or something like that. I don’t know what prompted the change this year. It probably came from someone who lives along a riverbed in the Panhandle. They are not stopping anyone from going in there. Just what you can shoot,” King said.

He explained that most people might think of river hunting as hunting from a boat, but that in cases like the Canadian, Red and Brazos rivers in the Panhandle, along with others in Central and South Texas, water levels can seasonably drop, making it easy to walk in and hunt the river boundaries.

The legislation was proposed by State Sen. Pete Flores (R-Pleasanton), who is a retired Texas game warden colonel. In the bill’s analysis it states the bill “seeks to deter trespassing on private property under the guise of hunting and to preserve the rights of property owners by extending this prohibition to all counties in Texas.”

However, TPWD statistics do not show it to be a serious issue in the counties where it has been the law.

“I pulled the statistics in the counties where it existed, and there were three or fewer (complaints) per year,” King said.

He did say that the department did get calls from some parts of the state where adjacent landowners thought hunters might be trespassing because there was confusion on the boundaries.

“In East Texas it is easy to tell what is the river. In the Hill Country, it is not as easy to figure out between what is public and private. Where we have issues, it is pretty local,” King said.

TPWD’s Wildlife Division was also called to testify on the legislation that in some ways will result in small changes on state wildlife management areas.

“SB 1236 was a challenge for many throughout the session, however, the votes in both chambers were convincing. This will likely be a bigger law enforcement challenge than it will be for our WMAs,” said John Silovsky, Wildlife Division Director. “We did provide input that would have exempted state lands, however, we were unsuccessful.”

Silovsky said the result may be that some hunting compartments on WMAs are realigned, but that it would not be a major problem. He added, however, it will be an issue for those hunters around the state that have hunted river bottoms.

Once word of the bill got out there were hunters who believe it was the work of anti-hunting interests, something that makes little sense when considering its sponsor and the make-up of the Texas Legislature. That is not exactly your bunny hugging crowd.

On the other hand, they are probably right, but not in the traditional sense. Maybe it was anti-hunting by hunters. As more of Texas is being bought up for recreational purposes it is being bought by “city” people more accustomed to defined property lines between houses who do not want the nuisance of someone they do not know getting too close to their space.

In their defense there are going to be those who cannot follow the rules and stay inside the riverbed or that take indiscriminate shots that dangerously stray across a fence.

Either way, it is the end of a tradition and now the law and with fall hunting seasons growing close it is one some hunters will need to consider or face a fine up to $500.

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