Commission Agenda Item No. 3
Presenter: Jeremy Leitz

Action
2015-2016 Statewide Commercial Fishing Proclamation
May 21, 2015

I.       Executive Summary:  This item seeks adoption of proposed changes to the Statewide Commercial Fishing Proclamations. The proposed amendments and new section would:

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking fisheries resources for recreational purposes is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapters 61 and 67.  Statutory authority to regulate commercial fisheries is delegated to the Commission under Parks and Wildlife Code, Chapters 47 and 66.  The proposed rules are based upon suggestions from the public, statutory requirements, and commission policy, including scientific investigation and required findings of fact where applicable.  The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.

At the Work Session meeting on January 21, 2015, staff was authorized to publish the proposed rules in the Texas Register for public comment.  The proposed rules appeared in the March 13, 2015 issue of the Texas Register (40 TexReg 1355).  A summary of public comment on the proposed rules will be presented at the time of the hearing.

III.    RECOMMENDATION:  Staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts §§58.205 and 58.302 concerning the Statewide Recreational and Commercial Fishing Proclamations, with changes as necessary to the proposed text as published in the March 13, 2015, issue of the Texas Register (40 TexReg 1355).”

Attachments – 1

  1. Exhibit A – Published Amendments to the Statewide Commercial Fishing Proclamation

Commission Agenda Item No. 3
Exhibit A

COMMERCIAL CRAB AND FINFISH FISHERMAN’S LICENSE DISPLAY RULES
PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes amendments to §58.205, concerning Display of License and §58.302, concerning Display of License. The proposed amendments would clarify that the rules governing the possession of commercial crab fisherman’s and finfish fisherman’s license plates apply only when a vessel is engaged in an activity for which the plates or licenses are required and that the plates must match the license aboard the vessel.

         Under the provisions of Parks and Wildlife Code, §47.074, the department may require the possession of license plates aboard a vessel engaged in an activity for which a commercial finfish fisherman’s license is required. Under the provisions of 31 TAC §58.205(a), the commission has mandated the possession of a “display license” (i.e., plate) aboard vessels engaged in the business of a finfish fisherman. Similarly, Parks and Wildlife Code, §78.112(b) authorizes the commission to adopt any rules necessary for the administration of the crab license management program established under Parks and Wildlife Code, Chapter 78, Subchapter B, and the commission has mandated under the provisions of 31 TAC §58.302 that a commercial crab fisherman’s license plate be aboard any vessel engaged in an activity for which a commercial crab fisherman’s license is required.

         The proposed amendments are intended to clarify that when a vessel is being used under a commercial fin fisherman’s or crab fisherman’s license, the commercial finfish fisherman’s and commercial crab fisherman’s license plates are required to be in possession aboard the vessel must match the license aboard the vessel.

2. Fiscal Note.

         Jeremy Leitz, Regulations Coordinator, has determined that for each of the first five years that the proposed rules will be in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rules.

3. Public Benefit/Cost Note.

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

         (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be greater clarity in agency rules.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the rules do not directly affect any small business or microbusiness; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

         The proposed rules will not result in adverse economic effects on persons required to comply.

         (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 rules 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 rules.

4. Request for Public Comment

         Comments on the proposal may be submitted to Jeremy Leitz, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-xxxx ; email: jeremy.lietz@tpwd.texas.gov.

5. Statutory Authority

         The amendment is proposed under the authority of Parks and Wildlife Code, §47.074(b)(1)(ii), which authorizes the commission to require commercial finfish fisherman’s license plates..

         The proposed rule affects Parks and Wildlife Code, Chapter 47.

6. Rule text.

         §58.205. Display of License.

                 (a) A boat operated for the purposes of commercial crab fishing is required to have a commercial crab fisherman’s license plate issued under this subchapter prominently displayed as to be clearly visible from both sides of the boat.

                 (b) No more than one set of commercial crab fisherman’s display license plates may be on board a commercial crab fishing boat when the vessel is engaged in an activity for which a commercial crab fisherman’s license is required[at any one time].

                 (c) When a license plate is required to be aboard a vessel, the license plate must match the license aboard the vessel.

         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

         The amendment is proposed under the authority of Parks and Wildlife Code,  §78.112(b), which authorizes the commission to adopt any rules necessary for the administration of the crab license management program established under Parks and Wildlife Code, Chapter 78, Subchapter B.

         The proposed rule affects Parks and Wildlife Code, Chapter 78.

         §58.302. Display of License.

         (a) A boat operated for the purposes of commercial finfish fishing is required to have a commercial finfish fisherman’s [display] license plate issued under this subchapter prominently displayed as to be clearly visible from both sides of the boat.

         (b) No more than one set of commercial finfish fisherman’s [display] license plates may be on board a commercial finfish fishing boat when the vessel is engaged in an activity for which a commercial finfish fisherman’s license is required[at any one time].

         (c) When a license plate is required to be aboard a vessel, the license plate must match the license aboard the vessel.

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

         Issued in Austin, Texas on