Presenter: Robin Riechers

Commission Agenda Item No. 10
Fish Pass Proclamation
August 1998

I. Discussion: The passage of Senate Bill 326 in the Seventy-fifth Legislature delegated to the Commission, under Parks and Wildlife Code, Chapter 66, Fish, § 66.204, authority to regulate the placement of obstructions, traps, and mooring in fish passes and the marking of restricted areas in any natural or artificial fish pass that is opened, reopened, dredged, excavated, constructed, or maintained by the Department as a fish pass between the Gulf of Mexico and an inland bay. Further authority to establish changes in seasons, bag limits, means, and methods for taking wildlife resources is delegated to the Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act.

The Regulations Committee at its June 1998 meeting authorized staff to publish proposed new regulations concerning Cedar Bayou fish pass in the Texas Register for public comment. The proposed new regulations prohibit the placement of any type of trap within the course of Cedar Bayou and prohibit the anchoring or mooring of any vessel for a period exceeding two consecutive days within the pass. The area within the pass will be from a point defined by Department marker or sign on the Mesquite Bay mouth to the marker or sign erected by the Department indicating the restricted activity area near the Gulf of Mexico mouth of the pass. The proposed regulation appeared in the July 24, 1998 issue of the Texas Register (23 TexReg 7522). A summary of public comment on the proposed regulations will be presented at the time of the hearing.

II. Recommendation: Staff recommends that the Texas Parks and Wildlife Department adopt the following motion:

"The Texas Parks and Wildlife Commission approves the investment policy as shown in Exhibit A."

Attachments - 2

1. Exhibit A – Investment Policy
2. Exhibit B – Fiscal Note (Exhibit B Available Upon Request)

Commission Agenda Item No. 10
Exhibit A

Fish Pass Proclamation

§ 57.901. Prohibited Acts.

Within the area in Cedar Bayou between a Department sign erected where Mesquite Bay flows into Cedar Bayou and the Department sign erected near the point where the pass empties into the Gulf of Mexico, it is unlawful to place any type of trap, or anchor or moor a vessel, barge, or structure for a period exceeding two consecutive days.

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

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or 512-389-4642

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