Commission Agenda Item No. 2
Presenter: Ken Kurzawski
Mark Lingo
Brandi Reeder

Action
2017-2018 Statewide Recreational and Commercial Fishing Proclamation
Recommended Adoption of Proposed Rules
March 23, 2017

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

Inland Fisheries

Coastal Fisheries

Law Enforcement

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

At the Work Session meeting on January 25, 2017, staff was authorized to publish the proposed rules in the Texas Register for public comment.  The proposed rules appeared in the February 17, 2017 issue of the Texas Register (42 TexReg 652).  A summary of public comment on the proposed rules will be presented at the time of the hearing.

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

            “The Texas Parks and Wildlife Commission adopts §§57.971, 57.973, 57.981, and 57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations, with changes as necessary to the proposed text as published in the February 17, 2017, issue of the Texas Register (42 TexReg 652).”

Attachments – 1

  1. Exhibit A – Proposed Fishing Rules

Commission Agenda Item No. 2
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 also makes a nonsubstantive grammatical correction in paragraph (5).

        The proposed amendment to §57.973, concerning Devices, Means, and Methods, would prohibit the use of juglines, throwlines, and trotlines on Kirby Lake in Taylor County. Kirby Lake 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 Lake 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 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, scalloped, and smooth hammerhead sharks 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, scalloped, and smooth 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, scalloped, and smooth 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, the:

        (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) 389-4560, 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, 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 place:

                                           (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, 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.)

        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] the species listed in clauses (ii) — (iv)[item (ii)(IV)] of this subparagraph:

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

                                          (ii) Atlantic sharpnose, blacktip, and bonnethead:

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

                                          (iii) great, scalloped, and smooth hammerhead:

                                                  (I) Daily bag limit: 1.

                                                  (II) Minimum length limit: 99 inches.

                                                  (III) No maximum length limit.  

                                          (iv)[IV] The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:

                                                          (I)[(-a-)] Atlantic angel;

                                                           (II)[(-b-)] Basking;

                                                           (III)[(-c-)] Bigeye sand tiger;

                                                           (IV)[(-d-)] Bigeye sixgill;

                                                           (V)[(-e-)] Bigeye thresher;

                                                           (VI)[(-f-)] Bignose;

                                                           (VII)[(-g-)] Caribbean reef;

                                                           (VIII)[(-h-)] Caribbean sharpnose;

                                                           (IX)[(-i-)] Dusky;

                                                           (X)[(-j-)] Galapagos;

                                                           (XI)[(-k-)] Longfin mako;

                                                           (XII)[(-l-)] Narrowtooth;

                                                           (XIIII)[(-m-)] Night;

                                                           (XIV)[(-n-)] Sandbar;

                                                           (XV)[(-o-)] Sand tiger;

                                                           (XVI)[(-p-)] Sevengill;

                                                           (XVII)[(-q -)] Silky;

                                                           (XVIII)[(-r-)] Sixgill;

                                                           (XIX)[(-s-)] Smalltail;

                                                           (XX)[(-t-)] Whale; and

                                                           (XXI)[(-u-)] White.

                                   (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) Sabine River (Newton and Orange counties) from Toledo Bend dam to I.H. 10 bridge and Toledo Bend Reservoir (Newton, Sabine, and Shelby counties).

                                                  (I) Daily bag limit: 5.

                                                  (II) Minimum length limit: No limit.

                                                  (III) No more than 2 striped bass 30 inches or greater in length may be retained each day.

                                          (ii) Lake Texoma (Cooke and Grayson counties).

                                                  (I) Daily bag limit: 10 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                                  (III) No more than 2 striped or hybrid striped bass 20 inches or greater in length may be retained each day. Striped or hybrid striped bass caught and placed on a stringer in a live well or any other holding device become part of the daily bag limit and may not be released. Possession limit is 20.

                                          (iii) Red River (Grayson County) from Denison Dam downstream to and including Shawnee Creek (Grayson County).

                                                  (I) Daily bag limit: 5 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                                  (III) Striped bass caught and placed on a stringer in a live well or any other holding device become part of the daily bag limit and may not be released.

                                          (iv) Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.

                                                  (I) Daily bag limit: 2 (in any combination).

                                                  (II) Minimum length limit: 18 inches.

                                  E[(F)] 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) Daily bag limit: No limit.

                                          (ii) Minimum length limit: No limit.

                                          (iii) It is unlawful to retain more than one common carp of 33 inches or longer per day.

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

                                          (i) Daily bag limit: 25 (in any combination with channel catfish).

                                          (ii) Minimum length limit: 30-45-inch slot limit.

                                          (iii) It is unlawful to retain blue catfish between 30 and 45 inches in length. No more than one blue catfish 45 inches or greater in length may be retained each day.

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

                                          (i) Lake Kyle (Hays County).

                                                  (I) Daily bag limit: 0.

                                                  (II) Minimum length limit: No limit.

                                                  (III) Catch and release and only.

                                          (ii) Lake Livingston (Polk, San Jacinto, Trinity, and Walker counties).

                                                  (I) Daily bag limit: 50 (in any combination).

                                                  (II) Minimum length limit: 12 inches.

                                          (iii) Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.

                                                  (I) Daily bag limit: 10 (in any combination).

                                                  (II) Minimum length limit: 12 inches.

                                                  (III) No more than 2 channel or blue catfish 24 inches or greater in length may be retained each day.

                                          (iv) Lakes Kirby (Taylor County) and Palestine (Cherokee, Anderson, Henderson, and Smith counties).

                                                  (I) Daily bag limit: 50 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                                  (III) No more than five catfish 20 inches or greater in length may be retained each day.

                                                  (IV) Possession limit is 50.

                                          (v) Lakes Caddo (Harrison and Marion counties) and Toledo Bend (Newton Sabine and Shelby counties) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.

                                                  (I) Daily bag limit: 50 (in any combination)

                                                  (II) Minimum length limit: No limit.

                                                  (III) No more than five catfish 30 inches or greater in length may be retained each day.

                                                  (IV) Possession limit is 50.

                                          (vi) Lake Texoma (Cooke and Grayson counties).

                                                  (I) Daily bag limit: 15 (in any combination).

                                                  (II) Minimum length limit: 12 inches.

                                                  (III) No more than one blue catfish 30 inches or greater in length may be retained each day.

                                          (vii) Canyon Lake Project #6 (Lubbock County), North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam, and South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.

                                                  (I) Daily bag limit: 5 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                          (viii) Community fishing lakes.

                                                   (I) Daily bag limit: 5 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                          (ix) Bellwood (Smith County), Dixieland (Cameron County), and Tankersley (Titus County).

                                                  (I) Daily bag limit: 5 (in any combination).

                                                  (II) Minimum length limit: 12 inches.

                                          (x) Lake Tawakoni (Hunt, Rains, and Van Zandt counties).

                                                  (I) Daily bag limit: 25 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                                  (III) No more than seven blue or channel catfish 20 inches or greater may be retained each day, and of these, no more than two can be 30 inches or greater in length.

                                  I[(J)] Catfish: flathead.

                                          (i) Lake Texoma (Cooke and Grayson counties) and the Red River (Grayson County) from Denison Dam to and including Shawnee Creek (Grayson County).

                                                  (I) Daily bag limit: 5.

                                                  (II) Minimum length limit: 20 inches.

                                          (ii) Lakes Caddo (Harrison and Marion counties) and Toledo Bend (Newton, Sabine, and Shelby) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.

                                                  (I) Daily bag limit: 10.

                                                  (II) Minimum length limit: 18 inches.

                                                  (III) Possession limit: 10.

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

                                                  (i) Caddo Lake (Harrison and Marion counties), Toledo Bend Reservoir (Newton Sabine and Shelby counties), and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.

                                                  (I) Daily bag limit: 25 (in any combination).

                                                  (II) Minimum length limit: No limit.

                                          (ii) Lake Fork (Wood, Rains, and Hopkins counties) and Lake O’ The Pines (Camp, Harrison, Marion, Morris, and Upshur counties).

                                                  (I) Daily bag limit: 25 (in any combination).

                                                  (II) Minimum length limit: 10 inches.

                                                  (III) From December 1 through the last day in February there is no minimum length limit. All crappie caught during this period must be retained.

(iii) Lake Texoma (Cooke and Grayson counties).

                                                  (I) Daily bag limit: 37 (in any combination).

                                                  (II) Minimum length limit: 10 inches.

                                                  (III) Possession limit is 50.

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

                                          (i) Daily bag limit: 3.

                                          (ii) Minimum length limit: 20.

                                          (iii) No maximum length limit.

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

                                          (i) Daily bag limit: 5.

                                          (ii) No minimum length limit.

                                          (iii) No maximum length limit.

                                          (iv) The provisions of this subparagraph expire on September 1, 2020.

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

                                          (i) Daily bag limit: 500 (in any combination).

                                          (ii) No minimum length limit.

                                          (iii) Possession limit: 1000 (in any combination).

                                  N[(O)] Sunfish: all species. Lake Kyle (Hays County).

                                          (i) Daily bag limit: 0.

                                          (ii) Minimum length limit: No limit.

                                          (iii) Catch and release and only.

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

                                          (i) Guadalupe River (Comal County) from the second bridge crossing on the River Road upstream to the easternmost bridge crossing on F.M. 306.

                                                  (I) Daily bag limit: 1.

                                                  (II) Minimum length limit: 18 inches.

                                          (ii) Guadalupe River (Comal County) from the easternmost bridge crossing on F.M. 306 upstream to 800 yards below the Canyon Lake dam.

                                                  (I) Daily bag limit: 5.

                                                  (II) Minimum length limit: 12 — 18 inch slot limit.

                                                  (III) It is unlawful to retain trout between 12 and 18 inches in length. No more than one trout 18 inches or greater in length may be retained each day.

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

                                          (i) Daily bag limit: 5.

                                          (ii) Minimum length limit: 18.

                         (2) Saltwater species. There are no exceptions to the provisions established in subsection (c)(5) of this section.

        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.

        §57.992. 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 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.

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

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

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

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

                                          (ii) Atlantic sharpnose, blacktip, and bonnethead:

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

                                          (iii) great, scalloped, and smooth hammerhead:

                                                  (I) Daily bag limit: 1.

                                                  (II) Minimum length limit: 99 inches.

                                                  (III) No maximum length limit.

                                          (iv)[IV] The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:

                                                          (I)[(-a-)] Atlantic angel;

                                                           (II)[(-b-)] Basking;

                                                           (III)[(-c-)] Bigeye sand tiger;

                                                           (IV)[(-d-)] Bigeye sixgill;

                                                           (V)[(-e-)] Bigeye thresher;

                                                           (VI)[(-f-)] Bignose;

                                                           (VII)[(-g-)] Caribbean reef;

                                                           (VIII)[(-h-)] Caribbean sharpnose;

                                                           (IX)[(-i-)] Dusky;

                                                           (X)[(-j-)] Galapagos;

                                                           (XI)[(-k-)] Longfin mako;

                                                           (XII)[(-l-)] Narrowtooth;

                                                           (XIIII)[(-m-)] Night;

                                                           (XIV)[(-n-)] Sandbar;

                                                           (XV)[(-o-)] Sand tiger;

                                                           (XVI)[(-p-)] Sevengill;

                                                           (XVII)[(-q -)] Silky;

                                                           (XVIII)[(-r-)] Sixgill;

                                                           (XIX)[(-s-)] Smalltail;

                                                           (XX)[(-t-)] Whale; and

                                                           (XXI)[(-u-)] White.

                                          (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