Work Session

Wednesday, January 25, 2017
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX  78744

T. Dan Friedkin, Commission Chair
Carter Smith, Executive Director

Approval of Previous Meeting Minutes

    Land and Water Plan

  1. Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan - Carter Smith
    • Internal Affairs Update
    • Staff Recognition – 2016 Regional Forester’s Award
    • Aquatic Invasive Species Program Activities
    • TPW Magazine 75th Anniversary
    • Eastern Wild Turkey Research and Restoration
  2. Western Association of Fisheries and Wildlife Agencies (WAFWA) Update – Ross Melinchuk, Commissioner S. Reed Morian
  3. Financial

  4. Financial Overview – Mike Jensen
  5. Internal Audit Update – Cindy HancockWITHDRAWN
  6. Regulations Rule Review – Ann Bright
  7. A.  Request Permission to Publish Proposed Changes in the Texas Register

    • Chapter 57 – Fisheries
    • Chapter 58 – Oysters and Shrimp
    • Chapter 65 – Wildlife

    B.  Recommended Adoption of Proposed Changes and Completed Rule Review — (Action Item No. 2)WITHDRAWN

    • Chapter 53 – Finance
    • Chapter 59 – Parks
    • Chapter 69 – Resource Protection

    Natural Resources

  8. 2017-2018 Statewide Recreational and Commercial Fishing Proclamation - Request Permission to Publish Proposed Changes in the Texas Register - Ken Kurzawski, Mark Lingo, Kevin Davis
  9. 2017-2018 Statewide Hunting Proclamation - Request Permission to Publish Proposed Changes in the Texas Register – Shawn Gray, Dave Morrison, Ellis Powell
  10. Marine Dealer, Floating Cabin, and Party Boat Rules – Recommended Adoption of Proposed Rules – Cody Jones, Julie Gilmore (Action Item No. 3)
  11. Shad Collection and Sale Rules – Recommended Adoption of Proposed Rules - Ken Kurzawski (Action Item No. 4)
  12. Land Conservation

  13. Acquisition of Land – Washington County - Approximately 4 Acres at Washington-on-the-Brazos State Historic Site – Trey Vick (Action Item No. 5)
  14. Acceptance of Land Donation – Reeves County – Approximately 6 Acres at Balmorhea State Park - Ted Hollingsworth (Action Item No. 6)
  15. Land Exchange – Anderson County – Approximately 75 Acres at Big Lake Bottom Wildlife Management Area – Permission to begin the Public Notice and Input Process - Stan David
  16. Acquisition of Land – Cochran County - Approximately 12 Acres at the Yoakum Dunes Wildlife Management Area – Stan David (Action Item No. 7)
  17. Acquisition of Land – Cochran County – Approximately 160 Acres at the Yoakum Dunes Wildlife Management Area – Stan David (Action Item No. 8)
  18. Executive Session
  19. Update on Regulatory Litigation – Ann Bright (Executive Session Only)
    • Red Snapper
    • Oysters
    • Chronic Wasting Disease

Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
January 25, 2017

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 
  1. Increase Access To and Participation In the Outdoors 
  1. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation 
  1. Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Ross Melinchuk
Commissioner S. Reed Morian

Work Session
Western Association of Fisheries and Wildlife Agencies (WAFWA) Update
January 25, 2017

I.      Executive Summary:  Staff will update the Texas Parks and Wildlife Commission on the Western Association of Fisheries and Wildlife Agencies (WAFWA).  WAFWA supports sound resource management and building partnerships at all levels to conserve native wildlife for the use and benefit of all citizens, now and in the future.

II.        Discussion:  Staff will provide updates regarding the insight to be obtained in upcoming meetings and the importance of partnerships and participation among the 23 member states and Canadian provinces, covering nearly 3.7 million square miles of North America’s most wild and scenic country.


Work Session Item No. 3
Presenter: Mike Jensen

Work Session
Financial Overview
January 25, 2017

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

II.        Discussion: Staff will update the Commission on revenue collected by TPWD for Fiscal Year (FY) 2016 and will compare the FY 2017 budget to FY 2016 expenditures and summarize recent budget adjustments.


Work Session Item No. 4
Presenter: Cindy Hancock

Work Session
Internal Audit Update
January 25, 2017

I.      Executive Summary:  Staff will provide a status report on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY)16 and FY17 Internal Audit Plan and ongoing or completed external audits.

II.        Discussion:  Staff will present a status report on the TPWD FY16 and FY17 Internal Audit Plan as well as external audits that have been completed or are ongoing.


Work Session Item No. 5
Presenter: Ann Bright

Work Session
Regulations Rule Review
Request Permission to Publish Proposed Changes in the Texas Register
January 25, 2017

I.      Executive Summary: As required by the Administrative Procedure Act, Texas Parks and Wildlife Department (TPWD) is undertaking a review of each TPWD rule under its jurisdiction.  TPWD staff will update the Commission on this process and seek permission to undertake additional actions in connection with 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, staff seeks permission to begin the rule review process and to publish notice of the rule review in the Texas Register.  In the second meeting, staff seeks 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 seeks adoption of proposed rule changes, and adoption of the completed rule review (i.e., readoption of the remaining rules).

In August, staff informed the Commission of the initiation of the review of rules in Chapter 57, Fisheries; Chapter 58, Oysters and Shrimp; Chapter 65, Wildlife. Staff has reviewed those rules and is now seeking permission to publish purposed changes to those chapters.

Attachments – 2

  1. Exhibit A – Summary of Proposed Changes to Chapters 57, 58 and 65
  2. Exhibit B – Proposed Changes to Chapter 65 - Wildlife

Work Session Item No. 5
Exhibit A

Exhibit A - Summary of Proposed Changes to Chapters 57, 58 and 65

Chapter 57 – Fisheries

Subchapter A, Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants

§57.117. Exotic Species Permit: Application Requirements

Amend (a)(5) to provide that the exotic species permit fee is waived for persons removing prohibited nuisance aquatic vegetation in accordance with an approved treatment proposal since persons removing prohibited nuisance aquatic vegetation in accordance with an approved treatment proposal are helping to support TPWD work and reduce costs associated with treatment and management. Staff believes it is appropriate to that they not be charged a fee to engage in this activity.

Text of Proposed Change:

(a) To be considered for an exotic species permit, the applicant shall:  . . .

(5) remit to the department all applicable fees except that fees shall be waived for:

(A) a public school meeting the conditions established in Parks and Wildlife Code, §66.007(c-1); or

(B) a person applying for a permit to physically remove prohibited plants from a public water body in accordance with an approved treatment proposal as established in §57.932(5).

§57.120. Exotic Species Permit: Expiration and Renewal

Amend (a) to clarify that permits allowing removal of prohibited plants from a public water body in accordance with an approved treatment proposal will have the same period of validity as the treatment proposal. This change which will increase efficiency and prevent confusion regarding the time frame in the issuance of permits allowing removal of exotic plants pursuant approved treatment proposals.

Text of Proposed Change:

(a) An exotic species permit required by these rules expires on December 31 of the year issued, except that a permit to physically remove prohibited plants from a public water body in accordance with an approved treatment proposal shall have the same period of validity as the treatment proposal, as defined in the TPWD guidance document required by §57.932.

Subchapter C. Introduction of Fish, Shellfish and Aquatic Plants

§57.252 General Provisions

Amend (d) to provide that a different period of permit validity may be specified in the terms and conditions of the permit.  This change will enhance efficiency and compliance in instances in which repeated introductions are scheduled over a period of time longer than 60 days or when a project is delayed.

Text of Proposed Change

(d) Except as provided by the terms and conditions of the permit, a one-time introduction permit, for releases other than those made into an offshore aquaculture facility, is valid for 60 days from the date of issuance or until the permitted introduction has been completed, whichever comes first. 

Subchapter F. Collection of Broodfish from Texas Waters

§57.392. General Rules

Amend (a) to eliminate the reference to a saltwater stamp to address the fact that a valid recreational fishing license now includes either a freshwater stamp or saltwater stamp, or both. The current language predates implementation of the freshwater stamp.

Text of Proposed Change

(a) While collecting broodfish, an aquaculturist or designated agent must be in possession of a valid recreational fishing license in all public waters [, a saltwater fishing stamp in public salt water,] and broodfish permit issued by the department.

§57.395. Broodfish Permits; Fees, Terms of Issuance

Delete the $25 fee for the broodfish permit application (d) which is duplicative of §53.15(h)(3).

Text of Proposed Change

(d) The fee for broodfish permit application shall be as specified in Chapter 53 of this Title  $25 and is not refundable if a permit is denied.

§57.399. Permit Denial Review

Amend (3)(C) to account for instances in which the permit relates to freshwater. In those instances, the Inland Fisheries Division Director (or designee) may be an appropriate member of a permit denial review panel reviewing a decision to deny issuance of a permit for the collection of broodfish. 

Text of Proposed Change

An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal. . . .

(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:

(A) the Deputy Executive Director for Natural Resources (or his or her designee);

(B) the Director of the Coastal Fisheries Division and/or Inland Fisheries Division (or their designee), as appropriate; and

(C) the Deputy designee of the Director of the Coastal Fisheries Division or Inland Fisheries Division, as appropriate. 

Subchapter M. Artificial Reefs

§57.951. Definitions

Amend definition of “Agent” in (1) and “Applicant” in (2) to clarify that an “Applicant” includes the applicant’s agent.

Text of Proposed Change

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) Agent — A person authorized by an applicant to act on behalf of the applicant. For the purposes of this subchapter, the use of the term "applicant" also includes the applicant’s agent.

(2) Applicant — Any person applying for a PRA. For the purposes of this subchapter, the use of the term "applicant" also includes the applicant’s agent. 

Chapter 58 – Oysters and Shrimp

Subchapter B, Statewide Shrimp Fishery Proclamation

§58.165, Non-commercial (Recreational) Shrimping

  • Delete (c)(3)(D) to ensure consistency with the commercial shrimping regulations by eliminating the count or size requirements during the Fall season.
  • Amend (d)(3) to ensure consistency with the commercial shrimping regulations by providing that legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset. 

Text of Proposed Change

(c) Shrimping for personal use — Inside waters.

(3) Fall open season. . . .

(D) Size limits:

(i)  From August 15 through October 31, the legal shrimp count is 50 heads on per pound.

(ii) From November 1 through December 15 there are no count or size requirements. 

(d) Shrimping for bait — Inside waters.

(3) Legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

(A) From August 15 through March 31 legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

(B) From April 1 through August 14 legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

Chapter 65 – Wildlife

Subchapter A. the Statewide Hunting Proclamation

Division 1. General Provisions

§65.26. Managed Lands Deer Permits (MLDP)—White-tailed Deer

§65.28. Landowner Assisted Management Permit System (LAMPS)

§65.34. Managed Lands Deer Permits (MLDP)—Mule Deer

Repeal to facilitate transition to Managed Lands Deer Program (MLDP) rules adopted by the Commission in 2014, to go into effect for the 2017-2018 hunting year.

§65.7. Harvest Log

§65.9. Open Seasons: General Rules

§65.10. Possession of Wildlife Resources

§65.24. Permits

§65.25. Wildlife Management Plan (WMP)

§65.33. Mandatory Check Stations

Amend to facilitate transition to Managed Lands Deer Program (MLDP) rules adopted by the Commission in 2014, to go into effect for the 2017-2018 hunting year.

Text of Proposed Change

See Exhibit B.

§65.42. Deer

Modify section to consolidate repeated language and reorganize to enhance clarity.

Text of Proposed Change

See Exhibit B.

Subchapter H, Public Lands Proclamation

Changes to the Public Lands Proclamation (Chapter 65, Subchapter H) will be included in the annual review of the Public Lands Proclamation for which permission will be requested to publish proposed changes in the Texas Register at the March 2017 Commission meeting and presented to the Commission for adoption at the May 2017 Commission meeting.


Work Session Item No. 5
Exhibit B

Exhibit B – Proposed Changes to Chapter 65 - Wildlife

Chapter 65 – Wildlife

Subchapter A. the Statewide Hunting Proclamation

Division 1. General Provisions 

§65.7. Harvest Log.

                 (a) The provisions of this subsection apply only to a person in possession of a license purchased through an automated point-of-sale system.

                         (1) A person who kills a white-tailed deer shall complete, in ink, the harvest log on the back of the hunting license immediately upon kill.

                         (2) Completion of the harvest log is not required for deer taken:

                                  (A) under the provisions of §65.29 of this title (relating to Managed Lands Deer Program[§65.26 of this title (relating to Managed Lands Deer (MLD) Permits];

                                  [(B) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS);]

                                  (B)[(C)] by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation) on department lands;

                                  (C)[(D)] on department-leased lands under the provisions of Parks and Wildlife Code, §11.0272; or

                                  (D)[(E)] by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program.

                 (b) (No change.)

§65.9. Open Seasons: General Rules.

                 (a) (No change.)

                 (b) No antlerless deer permit is required to take an antlerless white-tailed deer during the archery-only open season, except on lands enrolled in the Managed Lands Deer Program[for which Managed Lands Deer permits have been issued].

                 (c) (No change.)

§65.10 Possession of Wildlife Resources

                (a) – (b) (No change.)

                 (c) A person who lawfully takes a deer is exempt from the tagging requirements of Parks and Wildlife Code, §42.018 if the deer is taken:

                         (1) under the provisions of §65.29 of this title (relating to Managed Lands Deer Program[§65.26 of this title (relating to Managed Lands Deer Permits (MLDP) — White-tailed Deer)];

                         [(2) under the provisions of §65.34 of this title (relating to Managed Lands Deer Permits (MLDP) — Mule Deer);]

                         [(3) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));]

                         (2)[(4)] under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);

                         (3)[(5)] by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation);

                         (4)[(6)] on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or

                         (5)[(7)] by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program.

                 (d) – (g) (no change.)

                 (h) No additional proof of sex is required for a deer that is lawfully tagged in accordance with:

                         (1) the provisions of §65.29[§65.26] of this title;

                         [(2) the provisions of §65.34 of this title;]

                         [(3) the provisions of §65.28 of this title;]

                         (2)[(4)] the provisions of §65.32 of this title; or

                         (3)[(5)] on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271.

                 (i)- (j) (No change.)

§65.24. Permits and Tags.

                 (a) Except as specifically provided in this subchapter, permits and tags issued under the provisions of this subchapter[Permits] shall be issued only to the landowner.

                 (b) Except as provided in §65.29 of this title (relating to Managed Lands Deer Program or §65.30 of this title (relating to Pronghorn Antelope Permits[§65.26 of this title (relating Managed Lands Deer Permits (MLDP) — White-tailed Deer and §65.34 of this title (relating to Managed Lands Deer Permits (MLDP) — Mule Deer], no person may hunt white-tailed deer, mule deer, desert bighorn sheep, or antelope when a permit or tag is[permits] are required unless that person has received from the landowner and has in possession a valid permit or tag issued by the department.

                 (c) When a permit or tag is[permits are] required to hunt or possess the wildlife resources listed in subsection (b) of this section, it is unlawful to:

                         (1) use a permit or tag more than once;

                         (2) use a permit or tag on a tract of land other than the tract for which the permit or tag was issued;

                         (3) falsify or fail to fully complete any information required by a permit application; or

                         (4) possess the wildlife resource without attaching a valid, properly executed permit or tag, except as may be otherwise provided in this subchapter[§65.26 and §65.34 of this title], which shall remain attached until the wildlife resource reaches its final destination.

                 (d) (No change.)

                 [(e) An applicant for a permit issued under §65.26 of this title or §65.34 of this title may request a review of a decision by the department to deny issuance of those permits.]

                         [(1) An applicant seeking review of a decision of the department under this subsection shall contact the department within ten working days of being notified by the department of permit denial.]

                         [(2) The department shall conduct the review and notify the applicant of the results within ten working days of receiving a request for a review.]

                         [(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:]

                                  [(A) the Director of the Wildlife Division;]

                                  [(B) the Regional Director with jurisdiction;]

                                  [(C) the Big Game Program Director; and]

                                  [(D) the White-tailed Deer or Mule Deer program leader, as appropriate.]

                         [(4) The decision of the review panel is final.]

                         [(5) The department shall report on an annual basis to the White-tailed Deer Advisory Committee the number and disposition of all reviews under this subsection that involve white-tailed deer.]

§65.25 Wildlife Management Plan (WMP)

                 (a) Deer.

                         (1) An approved WMP, specifying a harvest quota for antlerless deer or both buck and antlerless deer, is required for participation in the Conservation Option of the Managed Lands Deer Program under the provisions of §65.29 of this title (relating to Managed Lands Deer Program[the issuance of Managed Lands Deer Permits].

                         [(2) MLD permit issuance shall be determined by the WMP as follows.]

                                  [(A) Level 1 MLD permits shall be issued to a landowner whose WMP includes current deer population data.]

                                  [(B) Level 2 MLD permits shall be issued to a landowner whose WMP includes:]

                                          [(i) deer population data for both the current year and the immediately preceding year;]

                                          [(ii) deer harvest data from the immediately preceding year; and

(iii) at least two recommended habitat management practices.]

                                  [(C) Level 3 MLD permits shall be issued to a landowner whose WMP includes:]

                                          [(i) deer population data for the current year and the immediately preceding two years;]

                                          [(ii) deer harvest data from the immediately preceding two years; and]

                                          [(iii) at least four recommended habitat management practices.]

                         (2)[(3)] A WMP is not valid unless it is:

                                  (A) consistent with Parks and Wildlife Code, §61.053 and §61.056; and

                                  (B) signed by a Wildlife Division biologist or technician. A WMP is valid for one year following the date of such signature.

                 (b) (No change.)

        §65.33.  Mandatory Check Stations.

                 (a) (No change.)

                 (b) Except as required under §65.40 of this title (relating to Pronghorn Antelope: Open Seasons and Bag Limits) or Subchapter B of this chapter, the[The] entire wildlife resource, with head and hide/plumage attached, except that internal and sexual organs may be removed (field-dressed), of any designated wildlife resource taken in a county in which mandatory check stations have been established must be presented:

                         (1) – (4) (No change.)

                 (d) (No change.)

        §65.42. Deer.

                 (a) General.

                         (1) No person may exceed the applicable county bag limit or the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck), except as provided by:

                                  (A) §65.29 of this title (relating to Managed Lands Deer Program);

                                  (B) use of an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);

                                  (C) use of a special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation); or

                                  (D) use of special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department’s public hunting program.

                         (2) During an archery-only open season, deer may be taken only by the means described in §65.11(2) and (3) of this title (relating to Lawful Means).

                         (3) The issuance and use of MLDP tags is prescribed by §65.29 of this title.

                 (b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.

                         (1) South Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the third Sunday in January.

                                  (A) In Aransas, Bee, Brooks, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Webb, Willacy, Zapata, and Zavala counties, there is a general open season. The bag limit is five deer, no more than three bucks.

                                  (B) In Atascosa County there is a general open season.

                                          (i) The bag limit is five deer, no more than two bucks; and

                                          (ii) antler restrictions apply.

                         (2) North Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the first Sunday in January.

                                  (A) In Bandera, Baylor, Bexar, Blanco, Burnet, Callahan, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Edwards, Gillespie, Glasscock, Haskell, Hays (west of Interstate 35), Howard, Irion, Jones, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Knox, Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Mitchell, Nolan, Pecos, Real, Reagan, Runnels, San Saba, Schleicher, Shackelford, Sterling, Sutton, Taylor, Terrell, Throckmorton, Tom Green, Travis (west of Interstate 35), Upton, Uvalde (north of U.S. Highway 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Wilbarger counties, the bag limit is five deer, no more than two bucks.

                                  (B) In Archer, Bell (west of IH 35), Bosque, Brown, Clay, Coryell, Hamilton, Hill, Jack, Lampasas, McLennan, Mills, Palo Pinto, Somervell, Stephens, Wichita, Williamson (west of IH 35) and Young counties:

                                          (i) the bag limit is five deer, no more than two bucks; and

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply.

                                 (C) In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hemphill, Hutchinson, Kent, King, Lipscomb, Motley, Ochiltree, Roberts, Scurry, Stonewall, and Wheeler counties, the bag limit is five deer, no more than two bucks.

                                  (D) In Brewster, Culberson, Jeff Davis, Presidio, and Reeves counties, the bag limit is four deer, no more than two bucks

                                  (E) In Comanche, Cooke, Denton, Eastland, Erath, Hood, Johnson, Montague, Parker, Tarrant, and Wise counties:

                                          (i) the bag limit is four deer, no more than two bucks and no more than two antlerless;

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply; and

                                          (iii) on USFS, Corps of Engineers, and river authority lands, the take of antlerless deer shall be by MLDP tag only, except on USFS lands in Montague and Wise counties, where antlerless deer may be taken without MLD tags from Thanksgiving Day through the Sunday immediately following Thanksgiving Day. On all other tracts of land, no MLDP tag is required to hunt antlerless deer unless MLDP antlerless permits have been issued for the tract of land.

                                  (F) In Angelina, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Goliad (south of U.S. Highway 59), Hardin, Harris, Houston, Jackson (south if U.S. Highway 59), Jasper, Jefferson, Liberty, Matagorda, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, Victoria (south of U.S. Highway 59), Walker, and Wharton (south of U.S. Highway 59) counties:

                                          (i) the bag limit is four deer, no more than two bucks and no more than two antlerless;

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply; and

                                          (iii) antlerless deer may be taken without MLDP tags from opening day through the Sunday immediately following Thanksgiving Day. From the Monday immediately following Thanksgiving Day until the end of the season, antlerless deer may be taken by MLD tag only.

                                  (G) In Anderson, Bowie, Brazos, Camp, Cass, Gregg, Grimes, Harrison, Henderson, Lamar, Leon, Madison, Marion, Morris, Nacogdoches, Panola, Red River, Robertson, Rusk, Sabine, San Augustine, Shelby, and Upshur counties:

                                          (i) the bag limit is four deer, no more than two bucks and no more than two antlerless;

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply.

                                          (iii) on USFS, Corps of Engineers, and river authority lands the take of antlerless deer shall be by MLDP tag only; and

                                          (iv) on all other tracts of land, antlerless deer may be taken without MLDP tags during the first 16 days of the season. After the first 16 days of the season, antlerless deer may be taken by MLDP tag only.

                                  (H) In Bell (East of IH 35), Burleson, Delta, Ellis, Falls, Fannin, Franklin, Freestone, Hopkins, Hunt, Kauffman, Limestone, Milam, Navarro Rains, Smith, Titus, Van Zandt, Williamson (East of IH 35), and Wood counties:

                                          (i) the bag limit is four deer, no more than two bucks and no more than two antlerless;

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply; and

                                          (iii) on USFS, Corps of Engineers, and river authority lands, the take of antlerless deer shall be by MLDP tag only, except in Fannin County; and

                                          (iv) on all other tracts of land, antlerless deer may be taken without MLDP tag from Thanksgiving Day through the Sunday immediately following Thanksgiving Day. At all other times, antlerless deer may be taken by MLDP tag only.

                                  (I) In Collin, Dallas, Grayson, and Rockwall counties there is a general open season:

                                          (i) the bag limit is four deer, no more than two bucks and no more than two antlerless;

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply; and

                                          (ii) lawful means are restricted to lawful archery equipment and crossbows only, including properties for which MLDP tags have been issued.

                                  (J) In Austin, Bastrop, Caldwell, Colorado, Comal (east of IH 35), De Witt, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, Lavaca, Lee, Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), and Wilson counties;

                                          (i) the bag limit is four deer, no more than two bucks and no more than two antlerless;

                                          (ii) the antler restrictions described in paragraph (3) of this subsection apply; and

                                          (iii) antlerless deer may be taken by MLDP tag only.

                                  (K) In Andrews, Bailey Castro, Cochran, Dallam, Dawson, Deaf Smith, Gaines, Hale, Hansford, Hartley, Hockley, Lamb, Lubbock, Lynn, Martin, Moore, Oldham, Parmer, Potter, Randall, Sherman, Swisher, Terry, and Yoakum counties, the bag limit is three deer, no more than one buck and no more than two antlerless.

                                  (L) In Crane, Ector, Loving, Midland, Ward, and Winkler counties:

                                          (i) the bag limit is three deer, no more than one buck and no more than two antlerless; and

                                          (ii) antlerless deer may be taken by MLD tag only.

                                  (M) In all other counties, there is no general open season.

                         (3) Antler Restrictions. In any county for which antler restrictions are imposed under the provisions of this subsection:

                                          (A) a legal buck is a buck deer with at least one unbranched antler or an inside spread of 13 inches or greater; and

                                          (C) no person may take may more than one buck with an inside spread of 13 inches or greater.

                         (4) Special Late General Seasons.

                                          (A) There is a special late general season during which harvest is restricted to antlerless and unbranched antlered deer, as follows:

                                                  (i) in the counties listed in paragraph (1)(A) and (B) of this subsection: 14 consecutive days starting the first Monday following the third Sunday in January; and

                                                  (ii) in the counties listed in paragraph (2)(A)-(C) and (E) of this subsection: 14 consecutive days starting the first Monday following the first Sunday in January.

                                                  (iii) In all other counties there is no special late general season.

                                          (B) The bag limit during a special late general season is the bag limit established for the county for the general open season and is not in addition to any other bag limit.

                          (5) Archery-only open seasons.

                                  (A) The open season is from the Saturday closest to September 30 for 35 consecutive days.

                                  (B) The bag limit in any given county is as provided for that county during the general open season.

                                  (C) No tag is required to hunt antlerless deer unless MLDP tags have been issued for the property.

                         (6) Muzzleloader-only open seasons, and bag and possession limits shall be as follows. In Anderson, Angelina, Austin, Bastrop, Bell (East of IH 35), Bowie, Brazoria, Brazos, Brewster, Burleson, Caldwell, Camp, Cass, Chambers, Cherokee, Colorado, Comal (East of IH 35), Culberson, Delta, DeWitt, Ellis, Fannin, Falls, Fayette, Fort Bend, Franklin, Freestone, Galveston, Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays (East of IH 35), Henderson, Hopkins, Houston, Hunt, Jackson, Jasper, Jeff Davis, Jefferson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Presidio, Rains, Red River, Reeves, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Travis (East of IH 35), Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Wharton, Williamson (East of IH 35), Wilson and Wood counties, there is an open season during which deer may be taken only with a muzzleloader.

                                  (A) The open season is 14 consecutive days starting the first Monday following the first Sunday in January.

                                  (B) The bag limit is as specified in this section for the general season in the county in which take occurs.

                                  (C) Special provisions:

                                          (A) Buck deer. In any given county, all restrictions established in this subsection for the take of buck deer during the general season remain in effect.

                                          (B) Antlerless deer. No MLDP tag is required for the take of antlerless deer, except:

                                                  (i) on properties for which antlerless MLDP tags have been issued; and

                                                  (ii) in the counties listed in paragraph (2)(J) of this subsection.

                         (7) Special Youth-Only Seasons. There shall be special youth-only general hunting seasons in all counties where there is a general open season for white-tailed deer.

                                  (A) The early open season is the Saturday and Sunday immediately before the first Saturday in November.

                                  (B) The late open season is 14 consecutive days starting the first Monday following the first Sunday in January.

                                  (C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraph (2)(A) – (J) of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in subparagraph (D) of this paragraph.

                                  (D) Provisions for the take of antlerless deer in the individual counties listed in paragraph (2)(H) of this subsection shall be as specified in those counties for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

                                  (E) Other than properties where MLDP tags have been issued under the provisions of §65.29(c)(2), only licensed hunters 16 years of age or younger may hunt deer during the seasons established by this paragraph, and any lawful means may be used.

                                  (F) The stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I, does not apply during the seasons established by this paragraph.

                                  (G) Antlerless deer may be taken without an MLDP tag on USFS lands.

                 (c) Mule deer. The open seasons and bag limits for mule deer shall be as follows:

                         (1) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Hartley, Hemphill, Hutchinson, Kent, King, Knox, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, and Wheeler counties:

                                  (A) the Saturday before Thanksgiving for 16 consecutive days;

                                  (B) bag limit: one buck; and

                                  (C) antlerless deer may be taken only by Antlerless Mule Deer permit or MLDP tag.

                         (2) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties:

                                  (A) the Friday immediately following Thanksgiving for 17 consecutive days;

                                  (B) bag limit: one buck; and

                                  (C) antlerless deer may be taken only by antlerless mule deer permit or  MLD tag.

                         (3) In Brewster, Pecos, and Terrell counties:

                                  (A) the Friday immediately following Thanksgiving for 17 consecutive days;

                                  (B) bag limit: two deer, no more than one buck.

                         (4) In Andrews, Bailey, Castro, Cochran, Dawson, Gaines, Hale, Hockley, Lamb, Lubbock, Martin, Parmer, Terry, and Yoakum counties:

                                  (A) the Saturday before Thanksgiving for nine consecutive days;

                                  (B) bag limit: one buck; and

                                  (C) antlerless deer may be taken by MLDP tag only.

                         (5) In all other counties, there is no general open season for mule deer.

                         (6) Archery-only open seasons and bag and possession limits shall be as follows.

                                  (A) In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Knox, Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Sherman, Stonewall, Swisher, Upton, Val Verde, Ward, Wheeler, and Winkler counties:

                                          (i) from the Saturday closest to September 30 for 35 consecutive days; and

                                          (ii) bag limit: one buck.

                                  (B) In Brewster, Pecos, and Terrell counties:

                                          (i) from the Saturday closest to September 30 for 35 consecutive days.

                                          (ii) bag limit: two deer, no more than one buck. Antlerless deer may be harvested without a permit unless MLD antlerless tags have been issued for the property.

                                                (C) In all other counties, there is no archery-only open season for mule deer.


Work Session Item No. 6
Presenter: Ken Kurzawski
Mark Lingo
Kevin Davis

Work Session
2017-2018 Statewide Recreational and Commercial Fishing Proclamations
Request Permission to Publish Proposed Changes in the Texas Register
January 25, 2017

I.      Executive Summary:  This item seeks permission to publish proposed changes to the Statewide Recreational and Commercial Fishing Proclamations in the Texas Register for public comment. The proposed amendments are listed below or could come from the discussion of the scoping items below:

Inland Fisheries

  • Add Alabama bass to list of game fishes due to a change in scientific nomenclature (previously considered a subspecies of spotted bass) and make appropriate changes to harvest regulations;
  • Modify harvest regulations for largemouth bass and sunfish on Bedford Boys Ranch Lake (Tarrant County);
  • Modify harvest regulations for smallmouth and largemouth bass on Devils River (Val Verde County); and
  • Modify gear restrictions for Kirby Reservoir (Taylor County). 

Coastal Fisheries

  • Modify the minimum size limit for gag grouper;
  • Implement a minimum size limit and daily bag limit for black grouper;
  • Restrict the take of Nassau grouper to catch-and-release only;
  • Modify harvest regulations for great hammerhead sharks. 

Law Enforcement

  • Prohibit commercial crabbing north and west of State Highway 146 in Harris County. 

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 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.

Attachments – 1

  1. Exhibit A – Proposed Statewide Recreational and Commercial Fishing Proclamation

Work Session Item No. 6
Exhibit A

STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes amendments to §§57.971, 57.973, 57.981, and 57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations.

        The proposed amendment to §57.971, concerning Definitions, would add the Alabama bass to the list of game fishes and make a grammatical correction. In Texas, Alabama bass are known to exist only in Alan Henry Reservoir, and heretofore have been considered a subspecies of spotted bass. However, this fish is now considered a separate species called the Alabama bass.

        The proposed amendment to §57.973, concerning Devices, Means, and Methods, would prohibit the use of juglines, throwlines, and trotlines on Kirby Reservoir in Taylor County. Kirby Reservoir is a 740-acre impoundment on Cedar Creek within the city limits of Abilene. In 1965, the City of Abilene passed an ordinance restricting fishing to pole-and-line only with a two-hook maximum per rod and no more than two rods per person. Although most anglers have observed these restrictions, the City of Abilene does not have the statutory authority to have promulgated the ordinance, and repealed it in December of 2016. Catfishes support the most popular fisheries at the reservoir. Allowing the use of juglines, throwlines, and trotlines in this small urban impoundment could negatively impact the quality of the catfish fishery by increasing take of quality-sized and larger catfishes as well as by increasing hooking mortality. Prohibiting the use of these gears at Kirby Reservoir will likely reduce the potential of hooking mortality and provide better protection for the high-quality catfish fishery.

        The proposed amendment to §57.973 also would prohibit the use of commercial crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County. The public waters north of Highway 146 represent a very large geographical expanse and although commercial crabbing in the area is not intense (because of a Department of State Health Services consumption advisory).

        The proposed amendment to §57.981, concerning Bag, Possession, and Length Limit, would consist of several actions.

        Department data indicate decreased angling success for smallmouth bass in the Devils River, which skirts the western edge of the Edwards Plateau. The average number of smallmouth bass caught per angler day in 2015 (6.8 fish) was 37% less than in previous years (10.8 fish). Outfitters, Devils River State Natural Area staff, and anglers have reported an increase in the harvest of black bass for consumption during float trips (i.e., shore meals). The current level of fishing pressure may be having a negative effect on the Devils River black bass populations, resulting in decreased in fishing quality. Therefore, the proposed amendment to §57.981 would restrict the harvest of black bass to catch-and-release only on the Devils River and its tributaries from the State Highway 163 bridge downstream to Big Satan Creek Canyon. The current harvest regulations impose an 18-inch minimum length limit and three-fish daily bag limit on smallmouth bass between the State Highway 163 bridge and Dolan Falls, with the remainder of the river under the statewide standard of a 14-inch minimum length limit and five-fish daily bag limit. The goal of the proposed amendment is to maintain black bass abundance and angling success by protecting against overharvest. Catch-and-release angling is biologically consistent with the preservation-focused management model implemented on the Devils River.

        The proposed amendment also would alter harvest regulations for largemouth bass and sunfish on Bedford Boys Ranch Lake in Tarrant County. Bedford Boys Ranch Lake is a 5.4-acre impoundment and thus automatically designated a Community Fishing Lake (CFL). The reservoir was recently drained and renovated, and habitat was installed to benefit fish population. Department staff are working with the City of Bedford to provide quality fishing opportunities in the local area. Overharvest of fish such as bass and sunfish is a common problem in small urban ponds and CFLs. Protecting these species from harvest will increase abundance and maintain catch rates for those species. Therefore, the proposed amendment would replace the current harvest regulations for largemouth bass (14-inch minimum length limit and five-fish daily bag) and sunfish (no minimum length limit or daily bag) and implement a catch-and-release-only regulation for largemouth bass and sunfish.

        The proposed amendment to 57.981 would also make changes to harvest regulations where necessary to accommodate the nomenclature change for Alabama bass discussed earlier in the proposed amendment to §57.971.

        The remainder of the proposed amendment to §57.981 and the proposed amendment to §57.992, concerning Bag, Possession, and Length Limits for commercial fishing, would alter bag and possession limits for great hammerhead shark and black, gag, and Nassau grouper. The proposed amendment would prohibit the take of Nassau grouper, which were designated by the federal government as threatened on July 29, 2016 (81 FR 42268). The state cannot pre-empt or modify a federal designation of any species as threatened or endangered.

        With respect to great hammerhead sharks and the two other species of grouper (black and gag), the proposed amendment would implement state regulations to be consistent with federal regulations regarding those species. Federal action in 2013 (81 FR 40318) altered the minimum length and possession limits for great hammerhead sharks in federal waters and federal action in April of 2016 (81 FR 24039) implemented new bag and possession limits for gag and black grouper in federal waters. The proposed amendment would alter the current size and possession limits for those species to be consistent with the federal regulations, which the department believes will reduce confusion and enhance compliance, administration, and enforcement.

2. Fiscal Note.

        Ken Kurzawski, Program Director, Inland Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

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

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the fisheries resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunity within the precepts of sound biological management practices.

        There will be no adverse economic effect on persons required to comply with the rules as proposed.

        (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 will not directly affect small businesses and/or micro-businesses. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

        (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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

        (E) 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 Ken Kurzawski (Inland Fisheries) at (512) 389-4591, e-mail: ken.kurzawski@tpwd.texas.gov; Tiffany Hopper (Coastal Fisheries) at (512) 389-4650, e-mail: tiffany.hopper@tpwd.texas.gov; or Brandi Reeder (Law Enforcement) at (512) 389-4853, e-mail brandi.reeder@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5.  Statutory Authority.

        The amendments are proposed under the authority of Parks and Wildlife Code, §47.004 and §47.005, which authorize the commission to adopt rules governing the issuance and use of resident and nonresident fishing guide licenses; Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess aquatic animal life in this state; the means, methods, and places in which it is lawful to take, or possess aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the aquatic animal life authorized to be taken or possessed; and the region, county, area, body of water, or portion of a county where aquatic animal life may be taken or possessed; and §67.004, which requires the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.

        The proposed amendments affect Parks and Wildlife Code, Chapters 47, 61, and 67.

6. Rule Text.

        §57.971 Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this subchapter shall have the meanings assigned in the Texas Parks and Wildlife Code.

                 (1) – (4) (No change.)

                 (5) Charter Vessel — A vessel less than 100 gross tons that meets the requirements of the U.S. Coast Guard to carry six or fewer passengers for hire and that carries a passenger for hire at any time during the calendar year. A charter vessel with a commercial permit is considered to be operating as a charter vessel when it carries a passenger who pays a fee or when there are more than [then] three persons aboard, including operator and crew.

                 (6) – (14) (No change.)

                 (15) Fish —

                         (A) Game fish — Alabama bass, blue[Blue] catfish, blue marlin, broadbill swordfish, brown trout, channel catfish, cobia, crappie (black and white), flathead catfish, Guadalupe bass, king mackerel, largemouth bass, longbill spearfish, pickerel, red drum, rainbow trout, sailfish, sauger, sharks, smallmouth bass, snook, Spanish mackerel, spotted bass, spotted seatrout, striped bass, tarpon, tripletail, wahoo, walleye, white bass, white marlin, yellow bass, and hybrids or subspecies of the species listed in this subparagraph.

                         (B) (No change.)

                 (16) – (48) (No change.)

        §57.973 Devices, Means and Methods

                 (a) – (f) (No change.)

                 (g) Device restrictions. Devices legally used for taking fresh or saltwater fish or shrimp may be used to take crab as authorized by this subchapter.

                         (1) – (2) (No change.)

                         (3) Crab trap. It is unlawful to:

                                  (A) – (I) (No change.)

                                  (J) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula or possess, use; or

                                           (i) for recreational purposes, place more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County; or

                                          (ii) for commercial purposes, place a crab trap in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County.

                                  (K) – (N) (No change.)

                         (4) – (8) (No change.)

                         (9) Jugline. For use in fresh water only. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a jugline. It is unlawful to use a jugline:

                                  (A) – (C) (No change.)

                                  (D) in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, Kirby Lake in Taylor County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.

                         (10) – (20) (No change.)

                         (21) Throwline. For use in fresh water only.

                                  (A) (No change.)

                                  (B) It is unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, Kirby Lake in Taylor County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.

                                  (C) (No change.)

                         (22) Trotline.

                                  (A) – (B) (No change.)

                                  (C) In fresh water, it is unlawful to use a trotline:

                                          (i) (No change.)

                                          (ii) in Gibbons Creek Reservoir in Grimes County, Lake Bastrop in Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County, Kirby Lake in Taylor County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.

                                  (D) (No change.)

                         (23) (No change.)

        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, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to take or possess aquatic animal life in this state; the means, methods, and places in which it is lawful to take or possess aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the aquatic animal life authorized to be taken or possessed; and the region, county, area, body of water, or portion of a county where aquatic animal life may be taken or possessed.

        The proposed amendment affects Parks and Wildlife Code, Chapter 61.

        §57.981. Bag, Possession, and Length Limits.

                 (a) – (b) (No change.)

                 (c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter.

                         (1) – (4) (No change.)

                         (5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.

                                  (A) (No change.)

                                  (B) Bass:

                                          (i) The daily bag limit for largemouth, smallmouth, spotted, Alabama, and Guadalupe is 5, in any combination.

                                          (ii) Alabama, Guadalupe, and spotted.

                                                  (I) – (II) (No change.)

                                          (iii) — (v) (No change.)

                                  (C) – (I) (No change.)

                                  (J) Grouper.

                                          (i) Black.

                                                  (I) Daily bag limit: 4.

                                                  (II) Minimum length limit: 24 inches.

                                                  (III) No maximum length limit.

                                          (ii)[(i)] Gag.

                                                  (I) Daily bag limit: 2.

                                                  (II) Minimum length limit: 24[22] inches.

                                                  (III) No maximum length limit.

                                          iii[    (ii)] Goliath. The take of Goliath grouper is prohibited.

                                          (iv) Nassau. The take of Nassau grouper is prohibited.

                                  (K) — (O) (No change.)

                                  (P) Shark: all species (including hybrids and subspecies).

                                          (i) all species other than Atlantic sharpnose, blacktip, [and] bonnethead, and great hammerhead and the species listed in item (ii)(IV) of this subparagraph:

                                                  (I) – (III) (No change.)

                                          (ii) Atlantic sharpnose, blacktip, [and] bonnethead,and great hammerhead:

                                                  (I) – (IV) (No change.)

                                   (Q) – (X) (No change.)

                 (d) Exceptions to statewide daily bag, possession, and length limits shall be as follows:

                         (1) Freshwater species.

                                  (A) Bass: largemouth, smallmouth, spotted, and Guadalupe (including their hybrids and subspecies). Devils River (Val Verde County) from State Highway 163 bridge crossing (Bakers Crossing) to the confluence with Big Satan Creek including all tributaries within these boundaries and all waters in the Lost Maples State Natural Area (Bandera County): [In all waters in the Lost Maples State Natural Area (Bandera County)]

                                          (i) Daily bag limit: 0.

                                          (ii) No minimum length limit.

                                          (iii) Catch[All angling is limited to catch] and release only.

                                  (B) Bass: largemouth and Alabama[spotted].

                                          (i) Lake Alan Henry (Garza County).

                                                  (I) Daily bag limit: 5 largemouth or  Alabama [spotted] bass in any combination.

                                                  (II) – (III) (No change.)

                                          (ii) – (i) (No change.)

                                  (C) Bass: largemouth.

                                          (i) – (iv)

                                          (v) Bedford Boys Ranch Lake (Tarrant County), Buck Lake (Kimble County), Lake Kyle (Hays County), and Nelson Park Lake (Taylor County).

                                                  (I) – (III) (No change.)

                                          (vi) – (xi) (No change.)

                                  [(D) Bass: smallmouth.]

                                          [(i) Devil’s River (Val Verde County) from State Highway 163 bridge crossing near Juno downstream to Dolan Falls.]

                                          [(ii) Daily bag limit: 3.]

                                          [(iii) Minimum length limit: 18 inches.]

                                  (D)[(E)]Bass: striped and white bass their hybrids and subspecies.

(i) – (iv) (No change.)

                                  (E)[(F)] ([F]E) Bass: white. Lakes Caddo (Harrison and Marion counties), Texoma (Cooke and Grayson counties), and Toledo Bend (Newton Sabine and Shelby counties) and Sabine River (Newton and Orange counties) from Toledo Bend dam to I.H. 10 bridge.

(i) Daily bag limit: 25.

(ii) Minimum length limit: No limit.

                                  (F)[(G)] Carp: common. Lady Bird Lake (Travis County).

                                          (i) – (iii) (No change.)

                                  (G)[(H)]Catfish: blue. Lakes Lewisville (Denton County), Richland-Chambers (Freestone and Navarro counties), and Waco (McLennan County).

                                          (i) – (iii) (No change.)

                                  (H)[(I)] Catfish: channel and blue catfish, their hybrids and subspecies.

                                          (i) – (x) (No change.)

                                  (I)[(J)] Catfish: flathead.

                                          (i) – (ii) (No change.)

                                  (J)[(K)]D[(I)] Crappie: black and white crappie their hybrids and subspecies.

                                          (i) – (iii) (No change.)

                                  (K)[(L)] Drum, red. Lakes Braunig and Calaveras (Bexar County), Coleto Creek Reservoir (Goliad and Victoria counties), and Fairfield (Freestone County).

                                          (i) – (iii) (No change.)

                                  (L)[(M)] ([M]L) Gar, alligator. Falcon International Reservoir (Starr and Zapata counties).

                                          (i) – (iv) (No change.)

                                  (M)[(N)] Shad gizzard and threadfin. Trinity River below Lake Livingston (Polk and San Jacinto counties).

                                          (i) – (iii) (No change.)

                                  (N)[(O)] Sunfish: all species. Bedford Boys Ranch Lake (Tarrant County) and Lake Kyle (Hays County).

                                          (i) – (iii) (No change.)

                                  (O)[(P)] Trout: rainbow and brown trout (including hybrids and subspecies).

                                          (i) – (ii) (No change.)

                                  (P)[(Q)] Walleye. Lake Texoma (Cooke and Grayson counties).

                                          (i) – (ii) (No change.)

        §57.992. Bag, Possession, and Length Limits.

                 (a) (No change.)

                 (b) There are no bag, possession, or length limits on game fish, non-game fish, or shellfish, except as otherwise provided in this subchapter.

                         (1) – (3) (No change.)

                         (4) The statewide daily bag and length limits for commercial fishing shall be as follows.

                                  (A) – (F) (No change.)

                                  (G) Grouper.

                                          (i) Black.

                                                  (I) Daily bag limit: 4.

                                                  (II) Minimum length limit: 24[22] inches.

                                                  (III) No maximum length limit.

                                          (ii)[(i)] Gag.

                                                  (I) Daily bag limit: 2.

                                                  (II) Minimum length limit: 22 inches.

                                                  (III) No maximum length limit.

                                          iii[(ii)] Goliath. The take of Goliath grouper is prohibited.

                                          (iv) Nassau. The take of Nassau grouper is prohibited.

                                  (H) – (I) (No change.)

                                  (J) Shark: all species (including hybrids and subspecies).

                                          (i) all species other than Atlantic sharpnose, blacktip, [and] bonnethead, and great hammerhead sharks and the species listed in item (ii)(IV) of this subparagraph:

                                                  (I) – (III) (No change.)

                                          (ii) Atlantic sharpnose, blacktip, [and] bonnethead,and great hammerhead sharks:

                                                  (I) – (IV) (No change.)

                                                   (K) – (N) (No change.)      

        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


Work Session Item No. 7
Presenter: Shawn Gray
Dave Morrison
Ellis Powell

Work Session
2017-2018 Statewide Hunting Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
January 25, 2017

I.      Executive Summary:  This item seeks permission to publish proposed amendments to the Statewide Hunting Proclamation and the Migratory Game Bird Proclamation in the Texas Register for public comment. The proposed amendments are as follows: 

Pronghorn

  • Expansion of the experimental pronghorn season to additional herd management units in the Panhandle. 

Turkey

  • Clarification of eastern turkey season on United States Forest Service lands in Jasper County;
  • Correction of  error in spring youth turkey season length;
  • Elimination of physical check stations for harvest reporting. 

Migratory Game Bird Regulations

  • Establish regulations governing the take of migratory game birds (early season and late season);
  • Expansion of Special White-winged Dove Area. 

Law Enforcement

  • Clarify roadway boundaries for deer and turkey in Val Verde County. 

II.        Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61.  The potential changes are based upon 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.

Attachments – 2

  1. Exhibit A – Statewide Hunting Proclamation
  2. Exhibit B – Migratory Game Bird Proclamation

Work Session Item No. 7
Exhibit A

2017-2018 STATEWIDE HUNTING PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department, or TPWD) proposes amendments to §65.40 and §65.64, concerning the Statewide Hunting Proclamation.

        The proposed amendment to §65.40, concerning Pronghorn Antelope, would         expand the current experimental season for the take of buck pronghorn antelope to additional areas in the Texas Panhandle. Under Parks and Wildlife Code, §61.057, no person may hunt an antelope without first having acquired an antelope permit issued by the department. Under Parks and Wildlife Code, §61.051, the department is required to conduct scientific studies and investigations of game animals to determine, among other things, supply, sex ratios, and the effects of any factors or conditions causing increases or decreases in supply. Under Parks and Wildlife Code, §61.052, the commission is required to regulate the means, methods, places, and periods of time when it is lawful to hunt or possess game animals.

        Until 2013, all take of pronghorn antelope was by permit only. The department manages pronghorn antelope populations by  “herd unit.” A herd unit is an area containing similar pronghorn densities (during the timeframe of population surveys) and habitats.  Some herd units are bounded by natural or man-made barriers that prevent or inhibit immigration/emigration.  Other herd units are bounded by man-made infrastructure that facilitates a descriptive boundary but does allow immigration/emigration.  The department conducts population surveys and collects harvest data annually to determine the percentage of each herd unit that may be harvested each year without causing depletion or waste. Permits are then issued to landowners, who distribute them to hunters at the landowner’s discretion.

        Over the last 10-15 years, pronghorn antelope populations in portions of the northern Panhandle have increased steadily and continue to expand their range.  As a result, permit demand  increased and staff time accommodating that demand increased accordingly. In response, the department in 2013 implemented an experimental season in three herd units where staff believe that buck populations could sustain additional hunting pressure. Under the experimental regulations, the bag limit and season length were retained; however, no permits for buck pronghorn antelope were issued to the landowners within the areas affected by the experimental season. Instead, the harvest of buck pronghorn antelope in those areas were conducted at the discretion of landowners. The proposed amendment would place additional areas under the effectiveness of the experimental season and would merge current Areas 1 and 3. In order to measure the impact of the experiment and to assist law enforcement personnel in identifying lawfully taken pronghorn antelope, the department would continue to require hunters to obtain a permit from the department, attach it to harvested bucks, and present each harvested buck at a department-designated check station. The intent of the proposed amendment is to reduce the amount of time spent on permit issuance by staff, increase hunter opportunity, and provide greater convenience for landowners, hunters, and outfitters.

        The proposed amendment to §65.64, concerning Turkey would clarify eastern turkey seasons on U.S. National Forest lands in Jasper County, correct an error in the late spring youth-only season length, eliminate the option for hunters to present harvested eastern turkey at department-designated check stations, and reword the roadway definition that delineates the north and south turkey zones in Val Verde County in the interests of clarity.

        In 2015, the department closed the season for eastern turkey on National Forest lands in Jasper County. The department has since discovered that a small portion of the Sabine National Forest, jointly managed by the department as part of the Moore Plantation Wildlife Management Area, lies within Jasper County and the eastern turkey season was not intended to have been closed. The proposed amendment would correct that oversight. In 2015 the department also extended the length of the fall youth-only turkey season from two days to 14 days, but inadvertently included the late spring youth-only season, which was not intended. The proposed amendment would rectify that oversight as well.  Department regulations in effect since 1994 require hunters to report the harvest of eastern turkey. Until 2013, this requirement could only be satisfied by presenting a harvested bird in person at a department-designated check station within 24 hours of take. In 2014 the department altered the regulation to allow hunters the option of complying with the reporting requirement by use of a mobile application, which has been effective to the point that the department no longer has a need to establish physical check stations. Therefore, the proposed amendment would eliminate that option and require all mandatory reporting of harvested eastern turkey to be done via the mobile application.

2. Fiscal Note.

        Mr. Clayton Wolf, Wildlife Division Director, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

        Mr. Wolf 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 the dispensation of the agency’s statutory duty to protect and conserve the wildlife resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunities within the precepts of sound biological management practices.

        (B) There will be no adverse economic effect on persons required to comply with the rule as proposed.

        (C) 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 and micro-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 proposed rule will not directly affect small businesses or micro-businesses. Therefore, the department therefore has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

        (D) 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.

        (E) 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.

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

4. Request for Public Comment.

        Comments on the proposed rules may be submitted by phone or e-mail to Robert Macdonald (512) 389-4775; e-mail: robert.macdonald@tpwd.state.tx.us, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744. Comments also may be submitted via the department’s website at http://www.tpwd.state.tx.us/business/feedback/public_comment/.

5. Statutory Authority.

        The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 42, which allows the department to issue tags for deer during each year or season; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

        The proposed amendments affect Parks and Wildlife Code, Chapters 42 and 61.

6. Rule Text.

        §65.40. Pronghorn Antelope: Open Seasons and Bag Limits.

                 (a) In all counties there is a general open season for pronghorn antelope for nine consecutive days beginning the Saturday nearest October 1, and the annual bag limit is one pronghorn antelope.

                 (b) A person who kills a pronghorn antelope shall immediately and legibly complete and attach a pronghorn antelope permit to the carcass, which shall remain attached until the carcass reaches a final destination.

                 (c) In any area of this state that is not within an area described in subsection (d) of this section, a person who hunts pronghorn antelope shall acquire the pronghorn antelope permit from the landowner of the property on which the hunting activity occurs.

                 (d) Within the boundaries of an area described in this subsection, no landowner-issued permit is required to hunt buck pronghorn antelope; however, no person may hunt a buck pronghorn antelope unless that person has obtained a buck pronghorn antelope permit from the department.

                         (1) Area 1. That portion of the state south of a line beginning at the intersection of U.S. Highway (U.S.) 87 and U.S. 54 in the City of Dalhart in Dallam County; thence northeast along U.S. 54 to U.S. 287 in the City of Stratford in Sherman County; thence southeast along U.S. 287 to the intersection of State Highway (S.H.) 354 in Moore County; thence west along S.H. 354 to U.S. 385 in Hartley County; thence northwest along U.S. 385/87 to intersection of U.S. 87 and U.S. 54 in the City of Dalhart in Dallam County.[That portion of the state north of a line beginning at the intersection of U.S. Highway (U.S.) 87 and Farm to Market Road (F.M.) 281 in Hartley County; thence east along F.M. 281 to U.S. 287 in Moore County; thence north along U.S. 287 to F.M. 2014 in Sherman County; thence southwest along F.M. 2014 to South Cedar Street in the City of Stratford in Sherman County; thence northwest along South Cedar Street to U.S. 54 in Sherman County; thence southwest along U.S. 54 to Elks Road in the City of Dalhart in Dallam County; thence south along Elks Road to Ranch Road (R.R.) 297 in Dalhart, Dallam County; thence east along R.R. 297 to Rawlings Road/Robertson Road; thence south on Rawlings Road/Robertson Road to U.S. 87 in Hartley County; thence south along U.S. 87 to F.M. 281 in Hartley County.]

                         (2) Area 2. That portion of the state south of a line beginning at the intersection of S.H. 70 and Canadian River in Roberts County; thence east along the Canadian River to U.S. 60 in Hemphill County; thence southwest along U.S. 60/83 to Ranch Road (R.R.) 3367 in Roberts County; thence southeast along R.R. 3367 to County Road (C.R.) W; thence east along C.R. W to Neece Road in Hemphill County; thence south along Neece Road to C.R. Z; thence east along C.R. Z to U.S. 83; thence south along U.S. 83 to C.R. A in Wheeler County; thence west along C.R. A to F.M. 48; thence south along F.M. 48 to S.H. 152/W. Oklahoma Ave; thence west along S.H. 152/W. Oklahoma Ave to R.R. 2857 in Gray County; thence south along R.R. 2857 to Ranch to Market (R.M.) 1321; thence west along R.M. 1321 to S.H. 273; thence west/northwest along S.H. 273 to S.H. 171 Loop; thence north along S.H. 171 Loop to S.H. 70; thence north along S.H. 70 to the Canadian River in Roberts County. [That portion of the state south of a line beginning at the intersection of U.S. 87 and U.S. 385 in Hartley County; thence east along U.S. 87 to S. Twichell Ave. in the City of Dumas in Moore County; thence south along S. Twichell Ave. to W. 16th St.; thence eastward along W. 16th St. to the first unnamed dirt road; thence south and then east along the unnamed dirt road to S. Dumas Ave./U.S. 87/287; thence south along S. Dumas Ave./U.S. 87/287 to State Highway (S.H.) 354; thence west along S.H. 354 to Alabama Ave. in the City of Channing in Hartley County, thence north along Alabama Ave. to E. 4th St.; thence west along E. 4th St. to U.S. 385; thence north along U.S. 385 to the intersection of U.S. 385 and U.S. 87.]

                         [(3) Area 3. That portion of the state north of a line beginning at the intersection of U.S. 70 and S.H. 171 in Gray County; thence southeast along S.H. 171 to U.S. 60 in Gray County; thence northeast along U.S. 60 to F.M. 282 in Roberts County; thence west along F.M. 282 to F.M. 283 in Roberts County; thence northwest along F.M. 283 to U.S. 70 in Roberts County; thence south along U.S. 70 in Roberts County to S.H. 171 in Gray County.]

                 (e) The department may establish mandatory check stations in the areas described in subsection (d) of this section. If check stations have been established, a person who kills a buck pronghorn antelope or the person’s representative must present the entire, intact head at a check station within 24 hours of take.

        §65.64. Turkey.

                 (a) (No change.)

                 (b) Rio Grande Turkey. The open seasons and bag limits for Rio Grande turkey shall be as follows.

                         (1) Fall seasons and bag limits:

                                  (A) The counties listed in this subparagraph are in the Fall South Zone. In Aransas, Atascosa, Bee, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kinney (south of U.S. Highway 90), LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line [(in that southeastern portion located both south of U.S. Highway 90 and east of Spur 239)], Webb, Zapata, and Zavala counties, there is a fall general open season.

                                          (i) – (ii) (No change.)

                                  (B) (No change.)

                                  (C) The counties listed in this subparagraph are in the Fall North Zone. In Archer, Armstrong, Bandera, Baylor, Bell, Bexar, Blanco, Borden, Bosque, Briscoe, Brown, Burnet, Callahan, Carson, Childress, Clay, Coke, Coleman, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Dawson, Denton, Dickens, Donley, Eastland, Ector, Edwards, Erath, Fisher, Floyd, Foard, Garza, Gillespie, Glasscock, Goliad, Gonzales, Gray, Hall, Hamilton, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hood, Howard, Hutchinson, Irion, Jack, Johnson, Jones, Karnes, Kendall, Kent, Kerr, Kimble, King, Kinney (north of U.S. Highway 90), Knox, Lipscomb, Lampasas, Llano, Lynn, Martin, Mason, McCulloch, McLennan, Medina (north of U.S. Highway 90), Menard, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Pecos, Potter, Randall, Reagan, Real, Roberts, Runnels, Sutton, San Saba, Schleicher, Scurry, Shackelford, Somervell, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terrell, Throckmorton, Tom Green, Travis, Upton, Uvalde (north of U.S. Highway 90), Ward, Wheeler, Wichita, Wilbarger, Williamson, Wilson, Wise, Val Verde north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line [(that portion located north of U.S. Highway 90; and that portion located both south of U.S. Highway 90 and west of Spur 239)], and Young counties, there is a fall general open season.

                                          (i) – (ii) (No change.)

                         (2) – (3) (No change.)

                         (4) Special Youth-Only Seasons. Only licensed hunters 16 years of age or younger may hunt during the seasons established by this subsection.

                                  (A) (No change.)

                                  (B) There shall be special youth-only spring general open hunting seasons for Rio Grande turkey in the counties listed in paragraph (3)(A) and (B) of this subsection.

                                          (i) open seasons:

                                                  (I) the weekend (Saturday and Sunday) immediately preceding the first day of the general open spring season; and

                                                  (II) the weekend (Saturday and Sunday) immediately following the last day of the general open spring season[from the Saturday immediately following the close of the general open spring season for 14 consecutive days].

                                          (ii) (No change.)

                 (c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Bowie, Cass, Fannin, Grayson, Jasper (other than the Angelina National Forest [lands]), Lamar, Marion, Nacogdoches, Newton, Panola, Polk, Red River, Sabine, San Augustine, and Upshur counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

                         (1) – (2) (No change.)

                         (3) In the counties listed in this subsection:

                                  (A) – (B) (No change.)

                                  (C) all turkeys harvested during the open season must be registered via the department’s internet or mobile application [or at a designated check station] within 24 hours of the time of kill. The department will publish the internet address and information on obtaining the mobile application in generally accessible locations, including the department internet web site (www.tpwd.texas.gov). [Harvested turkeys may be field dressed but must otherwise remain intact.]

                 (d) (No change.)

        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


Work Session Item No. 7
Exhibit B

2017-2018 MIGRATORY GAME BIRD PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.314, 65.315, and 65.318-65.321, concerning the Migratory Game Bird Proclamation.

        The United States Fish and Wildlife Service (Service) issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks, but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C. Parks and Wildlife Code, §64.022, authorizes the  Commission to delegate rulemaking authority to the Executive Director.  Department regulations (31 TAC §65.313(f)) authorize the Executive Director, after notification of the Chairman of the Commission, to engage in rulemaking.

        The proposed amendment to §65.314, concerning Zones and Boundaries for Early Season Species, would expand the Special White-winged Dove Area to encompass the entirety of the South Dove Zone. The Service has authorized the provision of four days of hunting opportunity in early September for the entire South Zone, and in keeping with commission policy to pursue the most liberal hunting seasons possible under the federal frameworks (consistent with sound resource management), the proposed amendment would expand the Special White-winged Dove Area to encompass all of the current South Dove Zone in order to provide early hunting opportunity everywhere in the South Zone.

        The proposed amendment to §65.315, concerning Open Seasons and Bag and Possession Limits — Early Season, would adjust the season dates for early-season migratory game birds to allow for calendar shift (i.e., to ensure that seasons open on the desired day of the week, since dates from a previous year do not fall on the same days in following years).

        The proposed amendment to §65.315 also would implement a 16-day statewide teal season to run from September 9-24, 2017. By federal rule, the number of days in the September teal season count against the 107 days of total hunting opportunity allowed for ducks, coots, and mergansers. In addition, the proposed amendment would implement a 16-day early Canada goose season in the Eastern Zone, also to run from September 9-24, 2017.

        With exception of a reduction in the bag limit for pintail ducks, the proposed amendment to §65.318, concerning Open Seasons and Bag and Possession Limits — Late Season, would retain the same season structure in both duck zones from last year and adjust the season dates to account for calendar shift while retaining the bag and possession limits from last year. The Service, based on breeding waterfowl population surveys, has determined that recruitment (the survival of young ducks to join the population) in pintail populations has experienced a reduction that under the current harvest strategy triggers a bag limit reduction in the federal frameworks. Therefore, the bag limit for pintails is being reduced from two to one to comply with the federal frameworks.

        With respect to geese, the season structure (adjusted for calendar shift) and bag and possession limits from last year are retained.

        The proposed amendment would also make the age requirement for youth waterfowl season consistent with the age requirements in effect for other species. Until recently, the federal youth-only season applied to persons 15 years of age and younger; however, because age requirements for youth hunting opportunity vary from state to state, recent federal action (81 FR 17301) allows individual states to establish a minimum participation age not to exceed to 17. In Texas the youth-only seasons for deer, turkey, and squirrel are limited to persons 16 years of age and younger; therefore, the proposed amendment would implement that standard for the youth-only waterfowl season for the sake of consistency and to eliminate confusion.

        The proposed amendment to §65.319, concerning Extended Falconry Season — Early Season Species, would adjust season dates to reflect calendar shift.

        The proposed amendment to §65.320, concerning Extended Falconry Season — Late Season Species, would adjust season dates to reflect calendar shift.

        The proposed amendment to §65.321, concerning Special Management Provisions, would adjust the dates for the conservation season on light geese to account for calendar shift.

        The proposed amendments are generally necessary to implement commission policy to provide the greatest hunter opportunity possible, consistent with hunter and landowner preference for starting dates and segment lengths, under frameworks issued by the Service. It is the policy of the commission to adopt the most liberal provisions possible, consistent with hunter preference, under the Service frameworks in order to provide maximum hunter opportunity.

2. Fiscal Note.

        Clayton Wolf, Wildlife Division Director, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.

3. Public Benefit/Cost Note.

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

        (A) The public benefit anticipated as a result of enforcing the rules as proposed will be the department’s discharge of its statutory obligation to manage and conserve the state’s populations of migratory game birds for the use and enjoyment of the public, consistent with the principles of sound biological management.

        (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. 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 proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird resources in this state and therefore do not directly affect small businesses or micro-businesses. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        There also will be no adverse economic effect on persons required to comply with the rules as proposed.

        (C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department 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 2008, as a result of the proposed rules.

4. Request for Public Comment.

        Comments on the proposed rules may be submitted via the department website at www.tpwd.texas.gov or to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4775 or 1-800-792-1112 (e-mail: robert.macdonald@tpwd.state.tx.us).

5. Statutory Authority.

        The amendments are proposed under Parks and Wildlife Code, Chapter 64, which authorizes the Commission and the Executive Director to provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds.

        The proposed amendments affect Parks and Wildlife Code, Chapter 64.    

6. Rule Text.

        §65.314. Zones and Boundaries for Early Season Species.

                 (a) (No change.)

                 (b) Mourning and white-winged doves.

                         (1) – (2) (No change.)

                         (3) South Zone and Special White-winged Dove Area: That portion of the state south of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to State Loop 1604; thence following Loop 1604 south and east to Interstate Highway 10; thence east along Interstate Highway 10 to the Texas-Louisiana State Line.

                         [(4) Special white-winged dove area: That portion of the state south and west of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to State Loop 1604; thence along Loop 1604 south and east to Interstate Highway 37; thence south along Interstate Highway 37 to U.S. Highway 181 in Corpus Christi; thence north and east along U.S. 181 to the Corpus Christi Ship Channel, thence eastwards along the south shore of the Corpus Christi Ship Channel to the Gulf of Mexico.]

                 (c) – (f) (No change.)

        §65.315. Open Seasons and Bag and Possession Limits — -Early Season.

                 (a) Rails.

                         (1) Dates: September 9-24, 2017 and November 4 — December 27, 2017[September 10-25, 2016 and November 5 — December 28, 2016].

                         (2) Daily bag and possession limits:

                                  (A) king and clapper rails: 15 in the aggregate per day; 45 in the aggregate in possession.

                                  (B) sora and Virginia rails: 25 in the aggregate per day; 75 in the aggregate in possession.

                 (b) Dove seasons.

                         (1) North Zone.

                                  (A) Dates: September 1 – November 12, 2017 and December 15 — 31, 2017[September 1 – November 13, 2016 and December 17, 2016  – January 1, 2017].

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (2) Central Zone.

                                  (A) Dates: September 1 – November 5, 2017 and December 15 – January 7, 2018[September 1 – November 6, 2016 and December 17, 2016  – January 8, 2017].

                                  (B) Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                  (C) Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         (3) South Zone and Special White-winged Dove Area.

                                  (A) Dates: September 2, 3, 9, and 10, 2017;

                                          (i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped doves per day.

                                          (ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 mourning doves and 6 white-tipped doves in possession.

                                  (B) Dates: September 22 – November 12, 2017; and December 15, 2017 — January 17, 2018 [Except in the special white-winged dove area as defined in §65.314 of this title (relating to Zones and Boundaries for Early Season Species), September 23 – November 13, 2016 and December 17, 2016 — January 23, 2017].

                                          (i)[(B)] Daily bag limit: 15 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than two white-tipped doves per day.

                                          (ii)[(C)] Possession limit: 45 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 6 white-tipped doves in possession.

                         [(4) Special white-winged dove area.]

                                  [(A) Dates: 3, 4, 10, and 11, 2016.]

                                          [(i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two mourning doves and two white-tipped doves per day.]

                                          [(ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 mourning doves and 6 white-tipped doves in possession.]

                                  [(B) Dates September 23 – November 9, 2016 and December 17, 2016 — January 23, 2017.]

                                          [(i) Daily bag limit: 15 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two white-tipped doves per day;]

                                          [(ii) Possession limit: 45 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 6 white-tipped doves in possession.]

                 (c) Gallinules.

                         (1) Dates: September 9-24, 2017 and November 4 — December 27, 2017[September 10-25, 2016 and November 5 — December 28, 2016].

                         (2) Daily bag and possession limits: 15 in the aggregate per day; 45 in the aggregate in possession.

                 (d) September teal-only season.

                         (1) Dates: September 9-24, 2017[September 10-25, 2016].

                         (2) Daily bag and possession limits: six in the aggregate per day; 18 in the aggregate in possession.

                 (e) Red-billed pigeons, and band-tailed pigeons. No open season.

                 (f) Shorebirds. No open season.

                 (g) Woodcock: December 18, 2017 — January 31, 2018[December 18, 2016 — January 31, 2017]. The daily bag limit is three. The possession limit is nine.

                 (h) Wilson’s snipe (Common snipe): October 28, 2017 — February 11, 2018[October 29, 2015 — February 12, 2017]. The daily bag limit is eight. The possession limit is 24.

                 (i) Canada geese: 9-24, 2017[September 10-25, 2016] in the Eastern Goose Zone as defined in §65.317(b) of this title (relating to Zones and Boundaries for Late Season Species). The daily bag limit is five. The possession limit is 15.

                 §65.318. Open Seasons and Bag and Possession Limits — Late Season. Except as specifically provided in this section, the possession limit for all species listed in this section shall be three times the daily bag limit.

                         (1) Ducks, mergansers, and coots. The daily bag limit for ducks is six, which may include no more than five mallards (only two of which may be hens); three wood ducks; three scaup (lesser scaup and greater scaup in the aggregate); two redheads; one[two] pintail; two canvasbacks; and one "dusky" duck (mottled duck, Mexican like duck, black duck and their hybrids) during the seasons established in subparagraphs (A)(ii), (B)(ii), and (C)(ii) of this paragraph. For all other species not listed, the bag limit shall be six. The daily bag limit for coots is 15. The daily bag limit for mergansers is five, which may include no more than two hooded mergansers.

                                  (A) High Plains Mallard Management Unit:

                                          (i) all species other than "dusky ducks": October 28-29, 2017 and November 3, 2017 – January 28, 2018[October 29-30, 2016 and November 4, 2016 – January 29, 2017].

                                          (ii) "dusky ducks": November 6, 2017 — January 28, 2018[November 7, 2016 — January 29, 2017].

                                  (B) North Zone:

                                          (i) all species other than "dusky ducks": November 11-26, 2017 and December 2, 2017 — January 28, 2018[November 12-27, 2016 and December 3, 2016 — January 29, 2017].

                                          (ii) "dusky ducks": November 16-26, 2017 and December 2, 2017 — January 28, 2018[November 17-27, 2016 and December 3, 2016 — January 29, 2017].

                                  (C) South Zone:

                                          (i) all species other than "dusky ducks": November 4-26, 2017 and December 9, 2017 — January 28, 2018[November 5-27, 2016 and December 10, 2016 — January 29, 2017].

                                          (ii) "dusky ducks": November 9-26, 2017 and December 9, 2017 — January 28, 2018[November 10-27, 2016 and December 10, 2016 — January 29, 2017].

                         (2) Geese.

                                  (A) Western Zone.

                                          (i) Light geese: November 4, 2017 – February 4, 2018[November 5, 2016 – February 5, 2017]. The daily bag limit for light geese is 20, and there is no possession limit.

                                          (ii) Dark geese: November 4, 2017 – February 4, 2018[November 5, 2016 – February 5, 2017]. The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

                                  (B) Eastern Zone.

                                          (i) Light geese: November 4, 2017 — January 28, 2018[November 5, 2016 — January 29, 2017]. The daily bag limit for light geese is 20, and there is no possession limit.

                                          (ii) Dark geese:

                                                   (I) Season: November 4, 2017 — January 28, 2018[November 5, 2016 — January 29, 2017];

                                                  (II) Bag limit: The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

                 (3) Sandhill cranes. A free permit is required of any person to hunt sandhill cranes in areas where an open season is provided under this proclamation. Permits will be issued on an impartial basis with no limitation on the number of permits that may be issued.

                                  (A) Zone A: October 28, 2017 – January 28, 2018[October 29, 2016 – January 29, 2017]. The daily bag limit is three. The possession limit is nine.

                                  (B) Zone B: November 24, 2017 – January 28, 2018[November 18, 2016 – January 29, 2017]. The daily bag limit is three. The possession limit is nine.

                                  (C) Zone C: December 16, 2017 — January 21, 2018[December 17, 2016 — January 22, 2017]. The daily bag limit is two. The possession limit is six.

                         (4) Special Youth-Only Season. There shall be a special youth-only waterfowl season during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 16[15] years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this chapter (relating to Extended Falconry Season — Late Season Species). Bag and possession limits in any given zone during the season established by this paragraph shall be as provided for that zone by paragraphs (1) and (2) of this section. Season dates are as follows:

                                  (A) High Plains Mallard Management Unit: October 21-22, 2017[October 22-23, 2016];

                                  (B) North Zone: November 4-5, 2017[November 5-6, 2016]; and

                                  (C) South Zone: October 28-29, 2017[October 29-30, 2016].

        §65.319. Extended Falconry Season — Early Season Species.

                 (a) It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons:

                         (1) mourning doves, white-winged doves and white-tipped doves: November 18 – December 4, 2017[November 19 – December 5, 2016].

                         (2) rails and gallinules: January 29 – February 11, 2018[January 30 – February 12, 2017].

                         (3) woodcock: January 29 – February 11, 2018[January 30 – February 12, 2017].

                 (b) The daily bag and possession limits for migratory game birds under this section shall not exceed three and nine birds respectively, singly or in the aggregate.

        §65.320. Extended Falconry Season — Late Season Species. It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons.

                 (1) Ducks, coots, and mergansers:

                         (A) High Plains Mallard Management Unit: no extended season;

                         (B) North Duck Zone: January 29 – February 12, 2018[January 30 – February 12, 2017];

                         (C) South Duck Zone: January 29 – February 12, 2018[January 30 – February 12, 2017].

                 (2) The daily bag and possession limits for migratory game birds under this section shall not exceed three and nine birds, respectively, singly or in the aggregate.

        §65.321. Special Management Provisions. The provisions of paragraphs (1) — (3) of this section apply only to the hunting of light geese. All provisions of this subchapter continue in effect unless specifically provided otherwise in this section; however, where this section conflicts with the provisions of this subchapter, this section prevails.

                 (1) – (3) (No change.)

                 (4) Special Light Goose Conservation Period.

                         (A) From January 29 – March 18, 2018[January 30 – March 19, 2017], the take of light geese is lawful in Eastern Zone as defined in §65.317 of this title (relating to Zones and Boundaries for Late Season Species).

                         (B) From February 5 — March 18, 2018[February 6 — March 19, 2017], the take of light geese is lawful in the Western Zone as defined in §65.317 of this title.

        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 date


Work Session Item No. 12
Presenter: Stan David

Work Session
Land Exchange – Anderson County
Approximately 75 Acres at Big Lake Bottom Wildlife Management Area
Permission to begin the Public Notice and Input Process
January 25, 2017

I.       Executive Summary: Texas Parks and Wildlife Department (TPWD) staff has been negotiating an approximately 75-acre land exchange with an adjacent private landowner.

II.     Discussion: Big Lake Bottom Wildlife Management Area (WMA) lies adjacent to the Trinity River and is located about 10 miles southwest of Palestine, Texas in Anderson County. The WMA was purchased beginning in 1990 to preserve tracts of quality bottomland hardwood habitat which is rapidly disappearing in the Post Oak Savannah Ecoregion of Texas.  The public use of the WMA has outgrown the current parking area and facilities. The proposed exchange involves a single 75-acre TPWD tract and two adjacent tracts totaling approximately 75 acres. The exchange would provide more acreage at the entrance of the WMA providing the necessary space for TPWD to construct a larger parking area and visitor facilities.

Staff requests permission to begin the public notice and input process.

Attachments – 3

  1. Exhibit A – Location Map
  2. Exhibit B – Vicinity Map
  3. Exhibit C – Site Map

Work Session Item No. 12
Exhibit A

Location Map for Big Lake Bottom WMA in Anderson County

Location Map for Big Lake Bottom WMA in Anderson County


Work Session Item No. 12
Exhibit B

Vicinity Map for Big Lake Bottom WMA 10 Miles West of Palestine, TX

Vicinity Map for Big Lake Bottom WMA 10 Miles West of Palestine, TX


Work Session Item No. 12
Exhibit C

Site Map Showing Location of Subject Tracts at Big Lake Bottom WMA

Site Map Showing Location of Subject Tracts at Big Lake Bottom WMA


Work Session Item No. 15
Presenter: Ann Bright

(Executive Session Only)
Update on Regulatory Litigation
January 25, 2017

I.       Executive Summary:  Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Texas Parks and Wildlife (TPW) Commission regarding pending litigation impacting TPWD’s regulatory authority, specifically, the following pending lawsuits:

  • 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.
  • 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.
  • 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.