Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
May 25, 2016

I.       Executive Summary: Executive Director Carter Smith will briefly update the Commission on the status of the agency’s efforts to implement the Land and Water Resources Conservation and Recreation Plan (the “Plan”).

II.     Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wildlife Code §11.104). In 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new Plan, effective January 1, 2010, that included broad input from stakeholders and the general public.  Minor revisions continue to be made to the Plan. The 2015 version of the Plan is available on the TPWD web site. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the Plan’s goals, objectives and deliverables.

The Plan consists of the following four goals:

1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources
2. Increase Access To and Participation In the Outdoors
3. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation
4. Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Mike Jensen

Work Session
Financial Overview
May 25, 2016

I.       Executive Summary: Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD).

II.     Discussion: Staff will update the Texas Parks and Wildlife Commission on revenue collected by TPWD for Fiscal Year (FY) 2016, budget adjustments to the FY 2016 budget, and briefly summarize the anticipated Legislative Appropriations Request (LAR) process during the last quarter of FY 2016.

Work Session Item No. 3
Presenter: Cindy Hancock

Work Session
Internal Audit Update
May 25, 2016

I.       Executive Summary:  Staff will provide a status report on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY)16 Internal Audit Plan and ongoing or completed external audits.

II.        Discussion:  Staff will present a status report on the TPWD FY16 Internal Audit Plan as well as external audits that have been completed or are ongoing.

Work Session Item No. 4
Presenter: Ann Bright

Statutory Rule Review Process
May 25, 2016

I.       Executive Summary: As required by the Texas Administrative Procedure Act, Texas Parks and Wildlife Department (TPWD) is undertaking a review of each rule under TPWD’s jurisdiction. TPWD staff will update the Commission on this process.

II.     Discussion:  Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. The review must include an assessment of whether the reasons for initially adopting a rule continue to exist. Notice of the proposed review must be published in the Texas Register for public comment. Following the review, rules must be readopted, adopted with changes, or repealed, based on the review.

The TPWD rule review process normally occurs over three Commission meetings. In the first meeting, the Texas Parks and Wildlife Commission will be notified (through a Land and Water Plan update) that staff is beginning the rule review process for specified chapters of TPWD regulations. Staff will then publish notice of the rule review in the Texas Register. In the second meeting, staff will seek permission to publish any proposed rule changes or repeals resulting from the rule review in the Texas Register for public comment. In the third meeting, staff will seek adoption of proposed rule changes, and adoption of the completed rule review (i.e., readoption of the remaining rules).

Therefore, as provided in the Rule Review Schedule, staff will begin the process of reviewing the following chapters of Title 31, Part 2, Texas Administrative Code:

• Chapter 51, Executive;
• Chapter 52, Wildlife & Fisheries;
• Chapter 55, Law Enforcement; and
• Chapter 60, Maintenance Reviews

Work Session Item No. 4
Exhibit A

Texas Parks and Wildlife Department
2016-2017 Rule Review Schedule

Work Session Item No. 6
Presenter: John Davis

Work Session
Follow up on Snake Harvest Working Group Report and Options
May 25, 2016

I.       Executive Summary: This item reviews the report from the Snake Harvest Working Group as it relates to the use of gasoline and its associated vapors to capture rattlesnakes.

II.     Discussion:  In January, 2016, staff presented the report generated by the Snake Harvest Working Group related to the issue of snake gassing.  An overview of the report was also presented.  The Texas Parks and Wildlife Commission requested time to read the report and place this item on the agenda for the next meeting.  This item will provide time for additional discussion and may provide options for addressing this means of collection.

Work Session Item No. 9
Presenter: Mitch Lockwood

Chronic Wasting Disease Response and Rules
Carcass Movement Restriction and CWD Zones and Associated Rules
Request Permission to Publish Proposed Changes in Texas Register
May 25, 2016

I.       Executive Summary: Staff will provide an overview of recommended rules regarding deer carcass movement, chronic wasting disease (CWD) zones and associated rules and seek permission to publish proposed rules in the Texas Register for public comment.

II.     Discussion: CWD is a fatal neurodegenerative disorder that affects cervid species such as white-tailed deer, mule deer, elk, and others (susceptible species). It is classified as a transmissible spongiform encephalopathy, a family of diseases that includes scrapie (found in sheep) and bovine spongiform encephalopathy (BSE, found in cattle). Texas Parks and Wildlife Department (TPWD) has been concerned for over a decade about the possible emergence of CWD in wild and captive deer populations in Texas. TPWD closed the Texas border in 2005 to the entry of out-of-state captive white-tailed and mule deer and increased regulatory requirements regarding disease monitoring and recordkeeping.

Following the July 2012 CWD confirmation in two West Texas mule deer, the Texas Parks and Wildlife (TPW) Commission approved regulations, which defined geographic areas where the detection of CWD in Texas occurred or is probable (Containment Zones), where the presence of CWD could reasonably be expected (High Risk Zones), and where there is an elevated probability of discovering CWD (Buffer Zones). The rules adopted in November 2012 also established increased disease monitoring requirements and/or restricted activities conducted under any permits authorizing the capture, release, or possession of white-tailed deer and mule deer in those zones. See, 31 Tex. Admin. Code §§65.80-65.88, as adopted at 37 Tex.Reg. 10231 (2012).

In 2015 and 2016, CWD has been detected in white-tailed deer in four deer breeding facilities and one associated release site in Central Texas and in a mule deer in the Texas Panhandle. In addition to the regulations regarding the movement of deer by persons holding permits issued by TPWD, there is a need to update and revise TPWD’s regulations regarding monitoring and surveillance zones, including regulations regarding hunter harvest surveillance. In addition, because infected carcasses may also be a source of CWD transmission, restrictions on the movement of deer carcasses are recommended to further curtail the spread of CWD.

Staff will brief the TPW Commission on proposed rules to address zones and mandatory hunter surveillance and carcass movement. Staff will request permission to publish the proposed rules in the Texas Register for the required notice and comment period.

Work Session Item No. 10
Presenter: Lance Robinson

Work Session
Oyster Rules - Request Permission to Publish Proposed Changes
in the Texas Register
May 25, 2016

I.     Executive Summary: This item seeks permission to publish proposed changes to the Statewide Recreational and Commercial Fishing Proclamation in the Texas Register for public comment. The proposed amendments are listed below.

Coastal Fisheries

• Renewal and expansion of private oyster lease program
• Extension of closure for Half-Moon Reef, Matagorda Bay

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

Work Session Item No. 12
Presenter: Brent Leisure

Work Session
Briefing on the Status of Palo Pinto Mountains State Park and Devils River State Natural Area,
May 25, 2016

I.       Executive Summary: Staff will brief the Texas Parks and Wildlife (TPW) Commission with an overview of the actions taken toward making two park sites available for public access.  These park properties include: Palo Pinto State Park and Devils River State Natural Area. These park properties will eventually be exceptional additions to the state park inventory.

II.        Discussion: Taking a raw piece of land and developing a state park requires extensive research and planning efforts before any actual construction and development takes place.  Staff will provide an overview of the natural resource inventories, topographic studies, landscape analysis, and historical research that must be undertaken in order to properly plan the development of a park that will provide sustainable public recreation opportunities for decades.  A status report will be provided to the TPW Commission on the work undertaken to date on Palo Pinto State Park and Devils River State Natural Area properties and the tasks and resources required before these sites are open to the public.

Work Session Item No. 14
Presenter: Ted Hollingsworth

Work Session
Disposition of Real Estate – Williamson County - House and Lot in Florence, Texas – Request Permission to begin the Public Notice and Input Process
May 25, 2016

I.       Executive Summary: Texas Parks and Wildlife Department (TPWD) was bequeathed a house and lot in Florence, Texas, which may be sold with the funds becoming land sale proceeds for the State Parks Division.

II.     Discussion:  A house and lot in Florence, Texas have been left to TPWD by Mr. Kenneth Stiles. According to Mr. Stiles’ will, the purpose of the bequest is “management and conservation of the natural resources of Texas, including youth programs for youth to enjoy such natural resources”.  The house and lot do not meet any of the criteria for inclusion in the TPWD land inventory.  Staff recommend that the property be sold at fair market value.  The land sale proceeds will be strategically applied toward the acquisition of state park priority land, which supports many youth programs, thereby fulfilling the intent of the language in the will.

Staff requests permission to begin the Public Notice and Input Process.

Work Session Item No. 14
Exhibit A

Location Map for Subject Property in Williamson County

Work Session Item No. 14
Exhibit B

Vicinity Map for Subject Property in Florence

Work Session Item No. 14
Exhibit C

Site Map for Subject Tract on Business 195 in Florence

Work Session Item No. 15
Presenter: Ted Hollingsworth

Work Session
Disposition of Land – Smith County
Approximately 3.5 Acres Formerly Part of the Tyler Fish Hatchery
Request Permission to begin Public Notice and Input Process
May 25, 2016

I.       Executive Summary: Texas Parks and Wildlife Department (TPWD) sold the Tyler Fish Hatchery in 2004, but overlooked a 3.5-acre tract in the process.

II.     Discussion: TPWD acquired land for the Tyler Fish Hatchery in 1926, and the site produced freshwater fingerlings for a number of decades before the small size of the facility and infrastructure limitations resulted in the relocation of fingerling production to other hatcheries. A 21-acre site was sold in 2004, and staff was of the understanding that no real estate remained. It was recently brought to the attention of staff that an approximately 3.5-acre tract is still in TPWD ownership. The tract serves no purpose to TPWD, and staff proposes to sell the tract at fair market value.

III.    Recommendation:  Staff requests permission to begin the Public Notice and Input Process.

Work Session Item No. 15
Exhibit A

Location of Subject 3.5-Acre Tract in Smith County

Work Session Item No. 15
Exhibit B

Vicinity Map for Tyler Fish Hatchery 4 Miles West of Tyler

Work Session Item No. 15
Exhibit C

Site Map for Subject 3.5 Acre Tract

Work Session Item No. 18
Staff: Ann Bright

(Executive Session Only)
Update on Regulatory Litigation
May 25, 2016

I.       Executive Summary:  Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Commission regarding pending or potential/anticipated litigation impacting TPWD’s regulatory authority, specifically including, but not limited to, litigation and potential/anticipated litigation related to chronic wasting disease, oysters and red snapper, including the following:

• Ken Bailey and Bradly Peterson v. Carter Smith, Executive Director, Clayton Wolf, Wildlife Division Director, Mitch Lockwood, Big Game Program Director and Texas Parks and Wildlife Department, Cause No. D-1-GN-15-004391, in the District Court of Travis County, Texas.
• State of Texas v. Chambers-Liberty Counties Navigation District, Each in his Official Capacity: Terry Haltom as CLCND Commissioner, Allen Herrington as CLCND Commissioner, Kenn Coleman as CLCND Commissioner, Ken Mitchell a CLCND Commissioner, and Dave Wilcox as CLCND Commissioner, and Sustainable Texas Oyster Resources Management, LLC., Cause No. D-1-GN-15-003093, in Travis County District Court.
• Potential litigation and/or involvement with current litigation relating to actions of the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, in connection with the regulation of red snapper.