Commission Agenda Item No. 8
Action
Repeal of the Sea Rim State Park Hunting, Fishing and Trapping Proclamation
April 2006

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §§59.201-59.215, concerning the Sea Rim State Park Hunting, Fishing, and Trapping Proclamation. Under Parks and Wildlife Code, §62.0631, the Texas Parks and Wildlife Commission (the Commission) may provide an open season for recreational hunting in Sea Rim State Park that is not inconsistent with sound biological management practices normally exercised to protect or utilize the wildlife resources occurring therein. In 1976, the Commission promulgated the Sea Rim State Park Hunting, Fishing, and Trapping Proclamation. The department has determined that the rules are no longer necessary, because Sea Rim State Park is a unit of public hunting lands. All hunting, fishing, and trapping activity within the park is regulated under the provisions of 65 TAC Subchapter H, which governs hunting on lands owned, leased, or administered by the department. The proposed repeal is necessary to eliminate unnecessary and superfluous regulations.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the repeals as proposed are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the repeals.

3. Public Benefit/Cost Note.

Mr. Macdonald also has determined that for each of the first five years the repeals as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing or administering the repeals as proposed will be the elimination of rules that no longer have a useful application.

(B) There will be no adverse economic effect on small businesses, microbusinesses, or persons required to comply with the repeals as proposed.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the repeals as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed repeals.

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed repeals.

4. Request for Public Comment.

Comments on the proposed rule may be submitted to Vickie Fite, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4773 (e-mail: vickie.fite@tpwd.state.tx.us).

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, §62.0631, which authorizes the commission to provide an open season for recreational hunting in Sea Rim State Park that is not inconsistent with sound biological management practices normally exercised to protect or utilize the wildlife resources occurring therein.

The proposed repeals affect Parks and Wildlife Code, Chapter 62.

§59.201. Application.

§59.202. Authority.

§59.203. Finding of Fact.

§59.204. Consent.

§59.205. Definitions.

§59.206. Means and Methods: Migratory Birds.

§59.207. Means and Methods: Fur-Bearing Animals.

§59.208. Hunting from Vehicle.

§59.209. Hunting Permits.

§59.210. Checking Game.

§59.211. Open Seasons and Bag Limits: Migratory Birds.

§59.212. Open Seasons and Bag Limits: Fur-Bearing Animals.

§59.213. Fish: Means and Methods; Open Seasons; Bag and Size Limits.

§59.214. General.

§59.215. Effective Date.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on