Crossbow Ranch Wildlife Preserve Rules and Regulations Season

Transcription

1 Crossbow Ranch Wildlife Preserve Rules and Regulations Season (Approved August 16, 2013) I. AUTHORITY In accordance with (i) Section 4.A. of the Declaration, the Hunting Owners shall receive all the rights, benefits, and obligations pertaining to the harvesting of wildlife as permitted by the Rules and Regulations (including the Annual Harvest Regulations attached hereto as Exhibit A and incorporated herein), (ii) Article II, Section 4 of the Bylaws, only the Hunting Owners can vote on matters concerning hunting rights, hunting privileges, hunting obligations, or the Rules and Regulations, and (iii) Article V, Section 1 of the Bylaws, the Wildlife Committee ( WC ) shall supervise and facilitate voting matters concerning the Rules and Regulations and thereafter revise the Rules and Regulations each year, if necessary. Capitalized terms used but not defined herein shall have the meaning given to such terms in the Declaration. The Rules and Regulations will remain in effect from the date approved above until amended. II. GENERAL The WC is charged with developing and maintaining a Wildlife Management Plan ( WMP ) to (i) ensure the proper management of the Common Wildlife Preserve ( CWP ), and (ii) maintain the vitality of the whitetail deer herd and all other animals on the CWP. Items continually being evaluated include, without limitation, habitat, natural resources, food plot, nutrition, and the harvesting of whitetail deer in a manner that will increase the quality, size and vitality of the whitetail herd. Annually, the WC, through consultation with a Texas Parks and Wildlife ( TP&W ) biologist, will conduct a survey of all whitetail deer on the CWP. One of the goals will be to determine the number, age, and sex of all whitetail deer on the CWP. This data will be analyzed and taken into consideration when establishing the Annual Harvest Regulations. The rules of the hunt will be adapted each season to ensure the harvest goals can be accomplished, and all revisions will be communicated to the Hunting Owners prior to the 1 Crossbow Ranch Rules & Regulations August 16, 2013

2 beginning of the whitetail hunting season. For example, if the data indicates a need to place a priority on the harvesting of does, the hunters may be required to take does prior to bucks. Likewise, only cull bucks could be authorized for taking in any given year. The definition of a Cull, Management, and Trophy Buck will be established by the WC each year and such will be communicated in writing to all Hunting Owners prior to the beginning of each whitetail hunting season. Only Hunting Owners, Designated Family Members ( DFM ), or guests are allowed to hunt on the CWP in accordance with federal, state and local law. The Rules and Regulations are binding upon everyone allowed access to the CWP. The Rules and Regulations will be in effect from the date designated above until amended by the Hunting Owners. Nobody will be allowed to participate in hunting activities or any form of recreational activity, or otherwise enter the CWP until they have signed the Release of Liability, Consent for Exposure to Dangerous and Hazardous Conditions, and Assumption of the Risk attached hereto at Exhibit B, and the Acknowledgement of Receipt & Agreement Form, Exhibit D. Only one Trophy Buck (as hereinafter defined in Exhibit A) may be taken annually per hunting lot owned (assuming the Hunting Owners have voted to take Trophy Bucks in that particular season). Once the annual harvest quota, if any, for Trophy Bucks is reached, a notice will be sent to all Hunting Owners and no further harvesting of Trophy Bucks will be permitted for that particular season. This will also be the case for Management Bucks, Cull Bucks, and Doe (as hereinafter defined in Exhibit A). Trophy Bucks may only be hunted with legal archery equipment or legal crossbows, and all whitetail deer will be hunted only during seasons and at times as defined by TP&W and the WC, and only pursuant to the current annual harvest quota. All arrows and crossbow bolts taken onto the CWP must be clearly marked with the hunter s lot number every six inches along the shaft with indelible, permanent marker or epoxy/enamel paint. No Trophy or Management Bucks will be hunted with rifles, but Doe and Cull Bucks may be designated for taking through other means from time to time when authorized by the WC. Tagged whitetail bucks and doe will not be hunted unless specified in Exhibit A. 2 Crossbow Ranch Rules & Regulations August 16, 2013

3 Managed Lands Deer ( MLD ) permits may augment the regular bow, crossbow and firearm seasons to accomplish the harvest quota. This is expected to promote a healthy and manageable whitetail herd, with trophy animals being maximized to the extent possible. The WC may permit bow, crossbow and/or firearm hunting to fill MLD permits. During any extended MLD season prescribed by TP&W and approved by the WC, hunts will be scheduled by signing up at the Cooler, in person, no more than 48 hours in advance. Hunts in any extended MLD season will be scheduled similar to the regular whitetail deer season procedures. However, mixed hunting and overlapping seasons will require more comprehensive scheduling and communication. III. Hunter Education and Qualifying Annually, before bow hunting on the CWP, each hunter should be able to demonstrate archery proficiency, utilizing the specific archery equipment used for hunting. Proficiency is demonstrated by shooting three out of five arrows / bolts (using field tips or broadheads) into a six-inch target at twenty yards. IV. Limited Firearm Whitetail Deer Hunting The hunting of certain whitetail deer (excluding Trophy bucks) with TP&W legal firearms (center fire rifle or handgun, muzzleloader, or shotgun with slugs or buckshot) could be authorized to fill any MLD permits during any extended MLD season. Any available hunts authorized by the WC will be communicated to Hunting Owners and must be scheduled at the Cooler, in person, no more than 48 hours prior to the date of the hunt. Again, no firearm hunting will be allowed during the regular whitetail deer seasons unless specifically authorized, in advance by the WC. Limited, supervised firearm hunting for youth shall only be allowed when authorized by the WC. Youth 14 years of age or younger must have completed the TPW Hunter s Education course. Youth 17 years of age or younger must be accompanied by the Hunting Owner, and remain in the same stand at all times. 3 Crossbow Ranch Rules & Regulations August 16, 2013

4 V. Exotic Animals Exotic animals may be hunted throughout the year, unless specifically restricted by the WC. Firearm hunting for exotics will not be allowed during the TP&W whitetail deer hunting season. Exotic hunts outside of the regular whitetail season must be scheduled at the Cooler, in person, no more than 48 hours in advance. The applicable exotic animal replacement fee(s) described in Exhibit C will be paid in cash or by check to the Board Treasurer before the expiration of seven days after the animal is harvested. Hunting Lot Owners, DFM, or Guest are eligible to harvest One (1) Male Exotic of each available species (per hunting lot owned) at the Base Rate, as listed in Exhibit C. Any additional Male Exotic taken by the Hunting Lot Owner, DFM, or Guest will be at the Premium Rate listed on Exhibit C. Replacement of exotic animals and possible new exotic additions will be continually evaluated by the WC. Discharging firearms and or hunting from vehicles are prohibited. VI. Duck, Dove, Quail, Turkey, Rabbit and Other Small Game/Varmints Predators and hogs may be hunted year-round with center-fire firearms only if no other hunters are in the Zone. No other firearm hunting or spotlighting is allowed during the regular whitetail deer hunting season, unless specifically approved by the WC. All hunts must be scheduled at the Cooler, in person, no more than 48 hours in advance. No jackrabbits may be taken for any reason. Bass fishing is catch and release only. Discharging firearms and/or hunting from the main ranch roads are prohibited. VII. Safety The safety of all individuals entering the CWP is of paramount importance and requires careful coordination. This is especially true during any firearm hunts during an extended MLD season. Responsible firearm and archery hunting requires each hunter to know exactly where a projectile will land when discharged or released, and suppress the urge to discharge weapons if conditions 4 Crossbow Ranch Rules & Regulations August 16, 2013

5 could be considered unsafe or even questionable. Similarly, before entering the CWP any individual that is authorized to enter the CWP must determine if there are hunters or other individuals discharging weapons on the CWP. For use of the CWP, at any other time other than the Regular Whitetail Season (or the Extended Whitetail Season), the CWP shall be mapped, divided, and reserved by Zones. These Zones must be clearly marked on the CWP map. To obtain access to the CWP at times other than Whitetail Season (or the extended Whitetail Season) Hunting Owners, Non Hunter Owners, and their authorized guests must enter designated Zones in the CWP through the approved sign-in process and ingress/egress restrictions as utilized during Whitetail hunting season. These Zones shall be divided into areas that are functional for hunting and recreational activities, including but not limited to; hiking, atv riding, horseback riding, fishing, etc. All rules regarding vehicle types and road use as described in XIV. Vehicles apply. Horseback riders must assume all inherent spook risks of their horses that may occur with ATV use and hunting being conducted in an adjacent zone. All hunting done during this time must adhere to the all safety regulations described herein. No children under 14 years of age, or minor guests are allowed on the CWP at any time without being accompanied by a parent or an adult guest that has previously signed the release of liability form. This includes any use of the CWP, including, without limitation, hunting, fishing, vehicular use, hiking, etc. The failure to provide a signed release of liability before entering the Preserve will constitute immediate removal. Hunting is allowed only in the CWP. Before entering the CWP you must check to see if an orange flag is being flown on the flagpole at the Cooler. If the flag is raised, that indicates that a hunt may be taking place. You must check the board at the Cooler to see what kind of hunt is taking place, and where on the CWP it is taking place. Hunters must also hang their numbered tag on the hook on the area map, indicating which location they are hunting, before going onto the Preserve to hunt, and remove the tag upon completion of that single hunt. The first hunter to put his name on the marker board should raise the flag. The last hunter to remove his name from the marker board should lower the flag. 5 Crossbow Ranch Rules & Regulations August 16, 2013

6 Being intoxicated is prohibited while hunting or engaging in any other type of activity in the CWP. Failure to comply with these requirements could result in termination of privileges, including being barred from entering the CWP. VIII. Hunt Scheduling and Notification Any Hunting Owner authorized to hunt in the CWP may reserve a hunt on a specific hunting unit for himself/herself or his/her DFM or Guest. The DFM shall have all of the same hunt scheduling rights as the Hunting Owner. A Hunting Owner or DFM may reserve a maximum of two stands per hunting lot owned for the Hunter or his Guest. Hunting units are reserved on a first-come, first-served basis, in person no more than 48 hours in advance. Unit reservations are made by signing the log book and marking your name & lot number on the marker board at the Cooler. A hunter may not hunt the same unit on consecutive weekends unless the unit is still open as of Saturday 4:00 AM on what would be the consecutive weekend, and the hunter reserves the unit after the Saturday 4:00 AM deadline. Hunters cannot monopolize stands, areas or zones by coordinating hunts, back and forth. A rotation system that includes new, incoming hunters to rotate into an area, if that stand or area is being dominated by existing hunters, will be in effect. When more hunters request a hunt than there are units available, priority will be given to hunters who have not hunted in the prior week. On weekend hunts, any surplus hunters will be given priority on the second weekend day if there is competition for selected units. A tag system (place your tag on the appropriate hook) will be used for hunters to check in and out of a hunting unit so that assistance can be provided during emergencies. Hunting Owners always have priority over guests. If a Hunting Owner reserves a unit for his or her guest, and another Hunting Owner wants to hunt in that unit, the guest may be bumped in order to accommodate the second Hunting Owner. If this occurs, the first Hunting Owner may reserve a different unit for his or her guest, if available, or the guest may hunt in the same stand or unit as the Hunting Owner. There may be up to three stands in any given hunting unit simultaneously. Hunting Owners must be present on the ranch when allowing their guest access to the CWP for recreation or hunting activities. 6 Crossbow Ranch Rules & Regulations August 16, 2013

7 All hunters are to proceed to and from their assigned units only by utilizing the most direct and expeditious route, to avoid disturbing other units where hunters may choose to hunt all day. Hunters may not hunt whitetails closer than 100 yards to any protein feeder. The WC may set up Corn feeders set up to harvest Does and Cull bucks. Trophy and Management Bucks may not be hunted within 100 yards of the designated corn feeders. IX. Penalties Any illegal activities will be promptly reported to the appropriate federal, state, or local authorities. A Non-Conforming Violation is one that does not violate federal, state or local law, but violates these Rules and Regulations. Taking is defined as wounding or killing an animal, whether located and harvested or not. The taking of any animal, trophy or otherwise, in violation of the Rules and Regulations will open the hunter up to penalties. Penalty Buck and Penalty Doe are defined as any buck (or doe, if applicable) taken in violation of the Rules and Regulations. If a Hunting Owner questions the age of a potential Penalty Buck or Penalty Doe, age will be determined by the TP&W or Crossbow-contracted wildlife biologist, with all costs for such aging to be paid by the hunter, or the complainant, depending on the results. (Ex, If someone challenges the age, and is found to be incorrect, that person pays for the fees. If the hunter is found to have harvested a penalty buck, he pays the fees). That fee is due upon receipt of the results, past due after 7 days from notification. A late fee of $50.00 per month will be incurred for each month until fully paid. Any Taking of a Penalty Buck may result in a fine contingent on the age of the Penalty Buck. Once age has been determined, the fine for taking a 4.5 year old Penalty Buck will be up to $ The fine for taking a 3.5 year old Penalty Buck will be up to $ The fine for taking a younger Penalty Buck will be up to $1, Any taking of a Penalty Buck will also result in a forfeiture of the Penalty Buck s rack to the WC, which will be available for view at a common area to be determined by the WC. Aging will be done by the TP&W or Crossbow-contracted wildlife biologist. 7 Crossbow Ranch Rules & Regulations August 16, 2013

8 Any Taking of a Penalty Doe may result in a fine representing the greater of the Actual Replacement Cost of the doe to be determined by the WC. Any Taking of a Tagged Whitetail Buck or Tagged Whitetail Doe, in violation of the Regulations, will result in a fine of the Actual Replacement Cost for that animal and forfeiture of the harvested animal. The Taking of Exotic animals in violation of these Rules and Regulations will result in a fine up to $2,500.00, plus Actual Replacement Cost of the animal and forfeiture of the harvested animal. Actual Replacement Cost will be calculated as the median of three written quotes for a comparable-quality animal, solicited by the WC Chairman from local breeders. Comparable quality will be determined by each breeder. For whitetail deer, breeders must be licensed by TP&W. Price will include delivery to the Crossbow Ranch. Failure to report and/or register wounded or harvested animals will result in fines per the above schedule, and the possible suspension of hunting privileges as well. Fines for Non-Conforming Violations not specified herein shall be a minimum of $50.00 per violation. Hunting Owners are responsible for their DFM and Guests and are liable for all fines they may incur. The actual amount of any fines shall be determined in accordance with Article V, Section 1, of the Bylaws. In addition to the fines and penalties specified above, the Association may also pursue other legal remedies, including the filing of civil or criminal complaints. Harvest data is crucial to implementing and executing a successful WMP. Both Crossbow harvest sheets and a TP&W harvest information must be recorded. Blank Crossbow harvest data sheets may be found at the Cooler. In addition, TP&W requires harvest data to be recorded for any game animal harvested. For that purpose, a TP&W booklet will be left at the Cooler. Harvest data must be reported within seven days of harvest and recovery. Failure to report all applicable harvest data within this timeframe will result in a fine of $ per occurrence. 8 Crossbow Ranch Rules & Regulations August 16, 2013

9 X. CWP Access During Whitetail Hunting Season Owners must verify that their name is associated with the proper unit before traveling to that unit. Hunters will only have access to the units they are assigned and they must use the most direct and expeditious route when entering or exiting their assigned unit. For the morning hunt, hunters must be at their stand at least one hour before legal sunrise and remain in their stand until two hours after legal sunrise. For the afternoon hunt, hunters must be at their stand two hours before legal sunset and remain in their stand until after legal hunting hours. Wounded animals that travel outside a hunter s unit cannot be pursued until after legal hunting hours. For safety reasons, all hunters must check in at the Cooler and move their tag from the hunting spot, back to the common tag area, after exiting their stand and/or the CWP. Between the hours of 10:00 AM and 2:00 PM, Non-Hunting Owners and their authorized guests may enter safe units in the CWP. Such use must not interfere with hunters or present safety hazards. Non-Hunting Owners and their authorized guests must exit the CWP by 2:00 PM. XI. Stands and Baiting Hunting Owners may use POA stands or put up their own tripod, tree stand, or ground blind within the unit they are assigned to hunt. Any owner s personal stand must be located within 200 yards of: the flagged hunting site, official gps coordinate, or pin in the ground in front of the primary stand. If boundaries of the official area locations are designated on the posted map located at the Cooler, personal stand must be within those boundaries. The hunter can only hunt facing towards his/her assigned area (this applies as long as two occupied stands don t overlap). This is designed to prevent interference with other hunters in other units. If a hunter erects a personal stand or blind, it must be located so as not to interfere with or present a hazard to other hunters in adjacent units, or guests in the same unit. Personal stand may remain in the field, but the stand must be kept accessible for all hunters use. Such personal stand must have the hunter s name and lot number labeled on it. In addition, the 9 Crossbow Ranch Rules & Regulations August 16, 2013

10 stand location must be reported to the WC. Any unlabeled or unreported stand found on the CWP will be assumed to be donated to the POA, and may be moved at the WC s discretion. In the event of an approved area map containing stand/hunting areas is approved by the WC, that map shall take precedent. Only hand-broadcast feeding around a hunting site is allowed. No feeders or food piles, blocks, holes, etc. are allowed on the CWP, unless approved by the WC. During the whitetail deer hunting season, no supplemental feeding of deer is permitted on any private lot within the Crossbow Ranch Subdivision. When permitted, only dry corn or other supplements approved by the WC are allowed in such feeders. XII. Registration of Kills/Wounded Game All wounded/harvested animals must be logged on the same day of the hunt. Each harvested animal will be weighed, aged, scored and recorded before leaving the ranch. This harvest data is crucial to implementing and executing a successful WMP; harvest data sheets are available at the Cooler. If a Hunting Owner or his or her guest shoots, wounds, hits, kills, or harvests a whitetail or exotic, it must be reported to the WC and it will count toward the Hunting Owner s quota. If any trace of blood, hair, meat, fat, or any other body part from the animal is found on the ground and/or on the arrow/bolt, or by the Hunting Owner or Guest s self- expression (admission), the WC will conclude that the animal was wounded or hit. XIII. No Camping on CWP No overnight camping shall be permitted upon the CWP - only on individual parcels. XIV. Vehicles All-terrain vehicles ( ATVs ) with large flotation-type tires and USFS-approved spark arresters are allowed on roads and established existing primary and secondary trails on the CWP. Heavier vehicles such as automobiles, jeeps, trucks, etc. (collectively HVs ) can be used only on rock 10 Crossbow Ranch Rules & Regulations August 16, 2013

11 ranch roads or pre-existing, primary trails. The WC shall post such trail designations prominently. No use of any vehicle is allowed off existing roads but ATVs or HVs (on primary trails) may be used to transport a hunter to and from his/her stand before and after posted access times - and to retrieve the harvest. Hunters must park vehicles on common access roads (leaving right-of-ways), just off ranch trails, or on flagged parking sites within their hunting unit to avoid interference with other hunters and minimize damage to the CWP. Except as described above, during whitetail deer hunting season ATVs and HVs are only permitted on primary trails within the CWP between 10am to 2pm. Such use during deer season will only be in units not being hunted and will require the same check-in/check-out procedures as hunters use. Vehicles shall not (i) exceed 15 miles per hour, (ii) be operated in an unsafe manner, or (iii) harm the CWP or disturb the natural beauty or harmony of the CWP, the wildlife, domestic animals, other people, etc. Nothing contained herein shall preclude the Ranch Hand from using ATVs or HVs in connection with the management and/or maintenance of the CWP. All vehicles on the CWP should display a POA-approved Crossbow Ranch sticker to signify its authorization to be on the Preserve. Any vehicle found on the CWP without such sticker will be reported to the authorities as a possible trespasser. Stickers will be provided by the POA to owners at no charge. XV. Landowner Conduct Any complaints regarding another landowner or the Ranch Hand should be reported directly to the BOD. XVI. Non-Hunter Rights Except for Whitetail Season, and any extended whitetail season when the 10:00 AM - 2:00 PM rule is in effect, non-hunters may access the Preserve and reserve stands, areas or zones for recreational purposes, in the same manner as hunters do for hunting. Stands, areas or zones may not be requested more than 48 hours in advance. With the proper written permission, non-hunters 11 Crossbow Ranch Rules & Regulations August 16, 2013

12 may hunt as a guest of any hunting landowner, as long as they observe the same rules, regulations and requirements of all hunters at the Crossbow Ranch. XVII. Shooting Range The gun/rifle/pistol range will be open from 10:00 AM - 2:00 PM during whitetail season, closed when an adjacent stand is registered for hunting, and open from dawn till dusk after whitetail season unless a hunt has been scheduled in that area. The skeet range will have the same hours as the rifle/pistol/gun range, along with the same stipulations as the gun range. Additional rules for range use may be approved by the WC. Such rules will be prominently displayed at the range. XVIII. Food Plots & Supplemental Feed Each January, the WC Chairman will solicit a vote from all Hunting Owners whether to plant designated Spring Food Plots and will include the area & type of crop/seed to be planted. If the majority of Hunting Owners are in favor of planting Spring Food Plots, the designated Food Plots will be planted no later than May 1. Date may vary to take advantage of spring rains. Each July, the WC Chairman will solicit a vote from all Hunting Owners whether to plant designated Fall Food Plots and will include the area & type of crop/seed to be planted. If the majority of Hunting Owners are in favor of planting Fall Food Plots, the designated Food Plots will be planted no later than October 1. Date may vary to take advantage of fall rains. Protein feed is provided on a monthly basis (year round), and shall be continued unless otherwise voted on by the Hunting Owners to discontinue. XIX. Trapping Hunting Owners may set live / non-lethal traps on the Preserve. Notice must to be given to WC of each trap & location. 12 Crossbow Ranch Rules & Regulations August 16, 2013

13 EXHIBIT A Harvest Regulations Season The Regular Whitetail Season will run from September 28, 2013 through January 5, If TP&W programs allow, and harvest quotas are not achieved, the season may be extended by vote of the Wildlife Committee. Extended Whitetail Seasons are offered by TP&W for Youth and Late Antlerless / Spike from January 6, 2014 through January 19, Each Hunting Owner is entitled to two bucks in total (Cull Buck, Management Buck, or Trophy Buck) with no more than one being a Trophy Buck, plus one Doe, per hunting lot owned. A Cull Buck is a (i) buck at least 2½ years old with at least one un-branched (no points off the main beam) antler, or (ii) buck at least 3½ years old with six or fewer points or no brow tines. A Management Buck is a buck at least 3½ years old with eight or fewer points (provided the buck cannot otherwise be defined as a Cull Buck). A Trophy Buck is a buck at least 5½ years old with no point or width restrictions (provided the buck cannot otherwise be defined as a Cull or Management Buck). The definition of a point is referenced in the TP&W Outdoor Annual. Once the annual harvest quota for each category (Cull Buck, Management Buck, Trophy Buck, Doe) is reached, a notice will be sent to all Hunting Owners and no further harvesting of that category will be permitted for that particular season. It is important that each hunter age the deer correctly before harvesting the animal. If you are not sure of the age, or question whether or not the animal meets harvest requirements, DO NOT SHOOT! Severe penalties might be the result. Youth (under 18) rifle hunts will be held throughout the season. Trophy and Management Bucks may not be harvested during these hunts. Cull Bucks and Does may be harvested during these hunts. These hunts must be coordinated through the WC. 13 Crossbow Ranch Rules & Regulations August 16, 2013

14 EXHIBIT B Release of Liability, Consent for Exposure to Dangerous and Hazardous Conditions and Assumption of the Risk 3 PAGES ATTACHED 14 Crossbow Ranch Rules & Regulations August 16, 2013

15 Exhibit C Exotic Animal Replacement Fee Schedule Species Base Rate Premium Rate Uncrowned Red deer male (stag) $150 $500 Axis male (buck) $500 $1,500 Fallow male (buck) $150 $1,500 Axis female (doe) $100* $500 * The first six axis females harvested will be at no charge, in order to help reduce the axis doe population. Crowned Red deer males (stags), fallow females (does), blackbuck antelope (both sexes), or any other Exotics are not authorized for the hunting year. Any harvest of these Exotics will be deemed to be in violation of the R&Rs, and subject to penalty. All Owners will be charged same rate, regardless if a deposit was made for any Exotics in the past. Payments for Exotics must be made, or postmarked, within 7 days of the shot being fired, whether wounded or killed, or located or recovered, or not. If payment is not made, or postmarked, within 7 days, a $50 late fee per month will be imposed until all fees are collected. Mailing Address: Crossbow Ranch POA Exotic Fund 9001 Airport Freeway, Suite 450 North Richland Hills, Texas Crossbow Ranch Rules & Regulations August 16, 2013

16 EXHIBIT D Acknowledgement of Receipt & Agreement Form Season I have received and agreed to the Crossbow Rules & Regulations , approved on August 16, Signature Printed Name Lot Number Date 16 Crossbow Ranch Rules & Regulations August 16, 2013