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TITLE 31.NATURAL RESOURCES
AND CONSERVATION
Part 2.
Subchapter D. EDUCATION
The Texas Parks and Wildlife Commission
adopts an amendment to §51.80, concerning Hunter Education Course and
Instructors, without changes to the proposed text as published in the February
22, 2008, issue of the Texas Register (33 TexReg
1488).
The amendment reduces the minimum age
requirement for hunter-education certification from 12 years of age to 9 years
of age. The current standard has been in effect since 1988. By statute (Parks
and Wildlife Code, §62.014), the minimum age for certification may be set by
the
The minimum age is being lowered to be consistent
with the minimum age standards of the department's youth hunting program and
similar laws in other states. The department's youth hunting program allows
youngsters nine years of age and older to hunt on private lands if they attend
and pass a hunter education course. States such as
The amendment will function by reducing the
minimum age requirement for hunter-education certification from 12 years of age
to 9 years of age.
The department received 53 comments opposing
adoption of the proposed rules. Of those comments, 20 commenters
expressed a specific rationale or reasoning for opposing adoption. Those
comments, accompanied by the department's response to each, are as follows.
Eight commenters
opposed adoption and stated that nine years of age is too young to understand
the concepts of hunter education. The department disagrees with the comment and
responds that other states have similar age requirements and that empirical
evidence indicates that nine-year-olds are capable of retaining the training
received in a hunter education course. To obtain certification, a person must
achieve a minimum score on a department-administered examination and be
evaluated by the instructor as acceptable in attitude, knowledge, and skill. As
a result, persons who are unable to meet these standards will not receive a
hunter education certification, regardless of age. No changes were made as a
result of the comments.
Six commenters
opposed adoption and stated that most nine-year-old children are not capable of
the kind of judgment and awareness necessary for the unsupervised use of
hunting weapons. The department disagrees with the comment and responds that an
important element of parental supervision of hunting activities is the decision
to allow a young person of any age to hunt by themselves. The department
believes that parents should exercise good judgment in allowing children to
hunt by themselves. Also, as noted above, to obtain hunter education
certification, a person must demonstrate a prescribed level of understanding.
No changes were made as a result of the comment.
Two commenters opposed
adoption and stated that hunters between the ages of 9 and 12 should be
required to be accompanied by a licensed hunter 17 years old or older when
hunting. The department disagrees with the comment and responds that the
department is required by statute (Parks and Wildlife Code, §62.014) to
establish a minimum age for participation in hunter education and to issue a
hunter education certificate to any person who completes the hunter education
course. The statute further provides that anyone who has not completed a hunter
education course must be accompanied by a licensed hunter aged 17 or older. The
department therefore cannot require a person who has successfully completed a
hunter education course to be accompanied by another hunter. No changes were
made as a result of the comment.
One commenter opposed adoption and stated
that the minimum age for hunter education in other states has absolutely no
bearing on
One commenter opposed adoption and stated
that special courses should be provided for young persons taking hunter
education. The department disagrees with the comment and responds that the
department trains instructors to accommodate various learning styles and uses
hands-on teaching methods effective for both youngsters and adults. The
department also intends the hunter education course be a single standard that
must be met by all hunters, regardless of age. No changes were made as a result
of the comment.
One commenter opposed adoption and stated
that children under the age of 12 should not be required to take the hunter
education course. The department agrees with the comment and responds that the
rule allows but does not require children under the age of 12 to take the
hunter education course. However, a person under the age of 12 will be required
to have obtained hunter education certification if he or she wishes to hunt
without the supervision of a person 17 year of age or older. No changes were
made as a result of the comment.
One commenter opposed adoption and stated
that mandatory hunter education should be eliminated. The department disagrees
with the comment and responds that there is a demonstrable positive correlation
between mandatory hunter education and the decreased frequency of hunting
accidents and increased compliance with hunting regulations. No changes were
made as a result of the comment.
The department received 307 comments
supporting adoption of the proposed amendment.
No groups or associations commented on the
proposed amendment.
The amendment is adopted under the authority
of Parks and Wildlife Code, §62.014, which authorizes the department to adopt
rules necessary to implement the hunter education program.
This agency hereby certifies that the
adoption has been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office of
the Secretary of State on May 6, 2008.
TRD-200802379
Ann Bright
General Counsel
Effective date: May 26, 2008
Proposal publication date: February 22, 2008
For further information, please call: (512)
389-4775