Texas Parks and Wildlife Commission
Regulations Committee
April 5 , 2000
Commission Hearing RoomTexas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
1 7 BE IT REMEMBERED that heretofore on the 8 5th day of April 2000, there came on to be heard 9 matters under the regulatory authority of the 10 Parks and Wildlife Commission of Texas, in the 11 Commission Hearing Room of the Texas Parks and 12 Wildlife Headquarters complex, Austin, Travis 13 County, Texas, beginning at 9:07 a.m., to wit: 14 15 APPEARANCES: 16 THE PARKS AND WILDLIFE COMMISSION: REGULATIONS COMMITTEE: 17 Lee M. Bass (absent) Carol E. Dinkins 18 Dick W. Heath Nolan Ryan 19 Ernest Angelo, Jr. John Avila, Jr. 20 Alvin L. Henry Chaired by: Katharine Armstrong Idsal 21 Mark E. Watson, Jr. 22 THE PARKS AND WILDLIFE DEPARTMENT: Andrew H. Sansom, Executive Director, and other 23 personnel of the Parks and Wildlife Department 24 25 . 2 1 APRIL 5, 2000 2 *_*_*_*_* 3 COMMISSIONER IDSAL: The meeting is 4 called to order. 5 Before we get started, I wanted to 6 say that our Chairman, Lee Bass, is recovering 7 from surgery. I know we all wish him a speedy 8 recovery. 9 Before proceeding with any 10 business, I believe Mr. Sansom has a statement to 11 make. 12 MR. SANSOM: Ms. Chairman and 13 Members, a public notice of this meeting 14 containing all items on the proposed agenda has 15 been filed in the Office of the Secretary of 16 State. This is required by Chapter 551 of the 17 Government Code and referred to as the Open 18 Meetings Law. And I would like for this action to 19 be noted in the official record of the meeting. 20 COMMISSIONER IDSAL: We need an 21 approval for the minutes of the January meeting. 22 I need a motion. 23 COMMISSIONER ANGELO: So moved. 24 COMMISSIONER DINKINS: Second. 25 COMMISSIONER WATSON: Second. . 3 1 ITEM NO. 1 - BRIEFING - CHAIRMAN'S CHARGES. 2 MR. SANSOM: Item 1 will be a 3 briefing of the Chairman's charges. 4 Andy? 5 MR. SANSOM: Members, the 6 particular charges that relate to the Regulations 7 Committee, first and foremost, have to do with 8 Sunset. Yesterday, Mr. Cook, Mr. McCarty, and I, 9 along with Emily Armentan of our staff, had an 10 exit interview with the Sunset Commission. They 11 have completed the staff report, and it will be 12 delivered to the Sunset Commission -- that is, the 13 legislators and public members of the Sunset 14 Commission -- next week and made public on or 15 about April 15th. So within a week we will have a 16 public release of our Sunset Commission report. 17 This process has been one in which 18 our staff has done its usual terrific job. The 19 Sunset Committee is impressed. And I believe that 20 although we will see some things in there that 21 will cause us to think hard about changes that may 22 need to be made in the Parks and Wildlife 23 Department, that overall it will be supportive of 24 our efforts; and we'll see to it to try to address 25 some of the questions that you all and we have . 4 1 raised for them. 2 Under the Chairman's direction, we 3 have completed our review and reform of the 4 advisory committee system. All of our advisory 5 committee members have been put on standardized 6 terms, and the appointments have been unified. 7 We have developed a set of guidelines for 8 advisory committee management, and the Chairman 9 has actually created a new advisory committee 10 which has had its first meeting, which I believe 11 Mr. Watson attended, which is the Hunting Advisory 12 Committee. 13 Today you will be hearing as a part 14 of this agenda several items that relate to the 15 charges, the Statewide Proclamation itself, the 16 finfish license management program, and the 17 commercial shrimp management plan. 18 I'd like to make particular note in 19 conclusion that as a part of the charges which 20 relate directly to expanding landowner incentives 21 through the regulatory process, we have completed 22 the hiring of 10 new technical guidance biologists 23 that are now in the field working directly with 24 private landowners. 25 So I appreciate the opportunity to . 5 1 bring the progress on these charges to your 2 attention, and that completes my report. 3 ITEM NO. 2 - ACTION - 2000-2001 STATEWIDE HUNTING 4 AND FISHING PROCLAMATION. 5 COMMISSIONER IDSAL: Item 2 will 6 be the Statewide Hunting and Fishing Proclamation. 7 Phil Durocher will discuss the proposed changes. 8 MR. DUROCHER: As soon as we get 9 this thing on. Here it is. 10 Madam Chairman and Members of the 11 Commission, I'm Phil Durocher, Director of the 12 Inland Fisheries Division. This morning I'll be 13 presenting the inland fisheries regulation 14 proposals for 2000 and 2001. All the regulation 15 changes that we're proposing this year deal with 16 one of the species of bass. 17 The first proposal is for the 18 spotted and Guadalupe bass. The current limit on 19 the spotted and Guadalupe is a 12-inch minimum 20 length limit, five-fish daily bag in combination 21 with other basses. What we are recommending is 22 to change the limit to no minimum-length limit and 23 to retain the five-fish-daily bag. 24 In justification for that, both of 25 these species remain relatively small. We have . 6 1 very few of the fish in the wild that ever exceed 2 the minimum length limits; and because of this, 3 we're getting some increased competition for 4 forage. In other words, we have a lot of these 5 small bass that are competing with the other fish 6 in the reservoirs for forage. So we're hoping 7 that by allowing some harvest here, we can reduce 8 this competition. 9 The second proposal deals with Lake 10 Jacksonville, Cleburne State Park Lake, and 11 Meridian State Park Lake. Currently, the 12 largemouth bass regulation in those reservoirs is 13 a 14-inch minimum, five-fish daily bag; and we're 14 recommending to change to an 18-inch minimum 15 length limit and retain the five-fish daily bag. 16 At Cleburne and Meridian State 17 Parks, these proposals were made through our work 18 with the State Park staff. Their hope there is 19 to increase the angling quality on these small 20 reservoirs. Currently the bass populations are 21 at a low density, and we're hoping that these 22 regulations will protect additional quality-size 23 bass from harvest and allow these populations to 24 increase. 25 Lake Jacksonville is a little bit . 7 1 different situation. It's a 1352-acre reservoir, 2 and the numbers of bass above 14 inches are low 3 at this time. Small bass, especially the spotted 4 bass, are abundant. And we're hoping that this 5 regulation change, in conjunction with the removal 6 of the limit on spotted bass, will reduce some of 7 this pressure on these small fish and allow 8 expansion of that population. 9 Our last proposal is for Lake 10 Austin, Town Lake, and Buescher State Park. The 11 current limit there is, of course, the statewide 12 limit, a 14-inch minimum -- this thing is slow 13 this morning -- and a five-fish daily bag. And 14 what we had proposed was to change to a 14 to 15 21-inch slot limit with a five-fish daily bag, 16 only one bass 21 inches or greater. 17 At Buescher State Park, again, this 18 regulation proposal was made in conjuncion with 19 the park staff to improve the quality of angling 20 in this lake. The lake at Buescher State Park is 21 a relatively small lake of about 25 acres. It has 22 an extremely good population right now, with a 23 high-use situation, and the Park Superintendent 24 and our staff wish to maintain that quality of 25 fishing. . 8 1 Now, Town Lake currently has an 2 excellent bass population. It has developed 3 because of a fish consumption advisory which has 4 been on this lake for the last several years, and 5 it also was helped by limited boat access. 6 There's limited access to using this reservoir. 7 Currently the consumption advisory has been 8 lifted, and the staff feels that the potential for 9 overharvest and reduction in angling is there now 10 that this advisory has been lifted. We knew what 11 the population looked like before this advisory, 12 and we want to make sure that we can maintain 13 what's built up during this advisory. 14 On Lake Austin, Lake Austin has 15 produced numerous 10-pound bass in recent years. 16 In fact, just recently, about a week and a half 17 ago, we had a lunker turned into the program from 18 Lake Austin. And it's one of the best trophy bass 19 or quality fishing lakes anywhere in the Central 20 Texas area. 21 The proposal was one of the staff 22 trying to be proactive, and they believe that the 23 increasing population and growth, along with the 24 lake's new reputation, could increase the harvest 25 pressure and perhaps cause a decline in that . 9 1 population. 2 Now what I want to do is give you a 3 summary of public comments. And these are both 4 from our public hearings and other public comments 5 we've received, including letters, e-mails, and 6 entries on our Website. 7 As far as the change to the 8 Guadalupe and spotted bass, at the public hearing 9 we received five comments, one in support and four 10 opposed. On the Internet and other sources, we 11 received 92 comments. Sixty-three supported the 12 proposal, and 29 were opposed. 13 For the Lake Jacksonville and 14 Cleburne and Meridian State Park proposals, there 15 were no -- 16 COMMISSIONER ANGELO: Excuse me. 17 What was the reason for the opposition? 18 MR. DUROCHER: There were some 19 concerns about the -- I believe it was concern 20 about the Guadalupe bass. We're trying to protect 21 the Guadalupe bass. And before we made this 22 proposal, we ran it by the person on our staff who 23 is responsible primarily for bringing back the 24 Guadalupe bass in the Central Texas area, and he 25 doesn't think it's going to have any impact on . 10 1 that at all. 2 On the Lake Jacksonville, Cleburne, 3 and Meridian State Park proposals, we received no 4 comments at public hearings. On the Internet and 5 other sources, we received 73 comments. Sixty-one 6 were in support, and 12 were opposed. 7 On the Lake Austin, Town Lake, and 8 Buescher State Park proposals, at the public 9 hearings we received six comments, and they all 10 were opposed. And on the Internet and other 11 sources, we received 72 comments again, and most 12 were in favor of the proposals. 13 The comments that we had in 14 opposition to the proposals, and they were 15 primarily at Lake Austin, were from bass clubs in 16 the area. They felt like the population of bass 17 in the lake was doing fine. And they thought 18 that because of the pressure from other 19 recreational uses on the lake, the skiing and the 20 jetskis, that fishing pressure actually wouldn't 21 increase as we were projecting; and we really 22 can't argue with that contention. 23 We had other comments on e-mail 24 that we feel like we need to address. We had two 25 comments wanting the staff to do more about . 11 1 cormorants in the State. For your information, 2 the cormorants are a protected species controlled 3 by international treaties with Mexico and Canada. 4 The Federal Government, the Fish and Wildlife 5 Service, has put together a task force to begin 6 looking at the cormorants and seeing if there's 7 any changes that need to be made in the 8 regulations. And we have a member of our staffs 9 of both Wildlife and Fisheries working with the 10 Feds to see if some changes could be made there to 11 give us some relief with cormorants. 12 We had one comment asking us to put 13 slot limits on more lakes, and we had one asking 14 us to drop the crappie minimum on Lake Wright 15 Patman or to lower the limit from 10 inches to 16 nine or nine and a half inches. And that's a 17 type of proposal we get almost every year, and 18 what we tell the people is -- they believe that if 19 we lower it to nine to nine and a half from 10, 20 that they're going to keep more of these 21 nine-and-a-half-inch fish. And what we tell them 22 is that next year they'll want to lower it to 23 eight and a half, because that's all they will be 24 catching is fish right below the limit; and that's 25 just the way fishing is. When people fish and . 12 1 harvest fish, as soon as they get past that limit, 2 they tend to disappear. 3 On the staff recommendations, we 4 request that the Commission approve all the 5 proposals except the Lake Austin proposal. We 6 have no data to indicate that the pressure will 7 automatically increase with the populations. 8 Since the other recreational uses are now limiting 9 pressure, those who spoke in opposition may be 10 right. We will continue to monitor that bass 11 population closely and look for changes usually 12 associated with an increase in harvest pressure. 13 So we're asking the Commission to 14 send to the full Commission tomorrow 15 recommendations that our proposals be approved, 16 with the amendment dropping the Lake Austin 17 proposal. 18 Any questions? 19 COMMISSIONER ANGELO: Move approval 20 of the recommendation. 21 COMMISSIONER DINKINS: Second. 22 MR. DUROCHER: Thank you. 23 COMMISSIONER IDSAL: Thank you, 24 Phil. 25 Hal Osburn will discuss the . 13 1 proposed changes regarding coastal fisheries. 2 MR. OSBURN: Good morning. 3 COMMISSIONER ANGELO: Do we need to 4 vote on the -- I was going to ask that. Do you 5 think there's no comment that we would need to 6 reserve it? I guess we could bring it back. 7 MR. SANSOM: We will get it right 8 on the regular agenda -- 9 COMMISSIONER ANGELO: That's what I 10 was thinking. 11 MR. SANSOM: -- with our 12 recommendation, but you need a motion to move it 13 forward. 14 COMMISSIONER ANGELO: I so 15 move. 16 COMMISSIONER IDSAL: Okay. Second? 17 COMMISSIONER DINKINS: I'll second 18 it. 19 COMMISSIONER IDSAL: Hal? 20 Oh, I'm so sorry. Do we have a 21 vote? Ayes? Nays? 22 (Motion carried unanimously.) 23 COMMISSIONER IDSAL: Hal? 24 MR. OSBURN: Thank you, 25 Madam Chairman. I'm Hal Osburn, Coastal Fisheries . 14 1 Divison Director. I'd like to brief you on the 2 proposed changes to the Statewide Hunting and 3 Fishing Proclamation for the Coastal Fisheries 4 Division. 5 Our first proposal is for moderate 6 increases in size limits on sailfish, white 7 marlin, and blue marlin. These rules will help 8 conservation and provide some compatibility with 9 the rules that currently exist in the Federal 10 waters. 11 Public opinion received on this 12 proposal was overwhelmingly in favor of these 13 increased size limits. 14 Staff also has a proposal on our 15 shark populations. We had proposed decreasing the 16 daily bag limit from five to one, establishing a 17 24-inch minimum size limit, and setting the 18 commercial season to be concurrent with the 19 Federal season. 20 Many of the species of sharks in 21 the Gulf are overfished, primarily due to some 22 intense commercial long-line fishing that was 23 allowed to happen in Federal waters in this last 24 decade. These proposals will complement some 25 shark conservation measures that are now being . 15 1 enacted on the commercial and recreational fishery 2 to counter that previous overharvest. 3 I can tell you that the public 4 response we received was a very good majority in 5 favor of these rules. Those that opposed 6 generally wanted to go to a two-fish bag limit 7 rather than a one-fish; but staff does recommend 8 that we adopt the original set of proposals 9 without modification, the one-fish bag limit. 10 About 80 percent of our anglers that do land 11 sharks are within one shark now, so this proposal 12 would probably only reduce the harvest about 13 30 percent; but I think it's a conservation 14 measure that we can contribute to the Gulfwide 15 effort. 16 I'll be happy to answer any 17 questions. 18 COMMISSIONER HEATH: I just have a 19 comment here. On the billfish proposal -- and 20 this really does not, Hal, directly address the 21 proposal -- I just went with my family billfish 22 hunting, so I wanted to tell you about that, and 23 I'd like to get that in the record. 24 My daughter, who weighs 80 pounds, 25 caught a 180-pound striped marlin 10 feet long; so . 16 1 I just thought I wanted to get that in the record. 2 Mine was smaller, so I won't tell you its size. 3 And my wife caught one, and my daughter's friend 4 caught one. I won't tell you where I was fishing, 5 but we landed four of them. 6 But, anyway, the purpose of my 7 comments -- other than to get the fact that 8 Brittany Heath, 15 years old, 80 pounds, caught a 9 180-pound fish 10 feet long -- other than that, 10 the boat that we went out of, which was out of -- 11 I'm not going to tell you where. 12 The boat that we went out of and 13 that whole area have a catch-and-release 14 recognition program. And the point is that the 15 particular place that we fished out of and their 16 boats catch and release more billfish than any 17 other -- and this is out of Mexico -- any other 18 in, they say, the world. 19 Do we have any such program 20 specifically? Is there recognition for people who 21 release? 22 MR. OSBURN: Yes, sir. There is a 23 big fish award, a catch-and-release award, that 24 we have in our program. Most of the participants 25 in that, of course, are reds, trout, flounder. . 17 1 That's the most commonly caught. But billfish, I 2 believe, are part of that program. 3 I will tell you that the anglers of 4 Texas that target billfish had the catch-and- 5 release ethic way before many others in that 6 fishery thought of it. They have been releasing 7 fish, tagging them -- 8 COMMISSIONER HEATH: Right. 9 MR. OSBURN: -- to help biologists 10 track. There's a group down on the Coast that we 11 have worked with, Steve Qualia, Fish Trackers, 12 Incorporated out of Corpus that provides the tags 13 to the anglers; a very good angling ethic in the 14 billfish community. The only fish that we know of 15 that are really brought in are the occasional 16 tournaments and the occasional mortality. 17 COMMISSIONER HEATH: Do you have 18 any idea what percent are released? 19 MR. OSBURN: I'd speculate that 20 it's over 90 percent. 21 COMMISSIONER HEATH: Okay; good. 22 Thank you. 23 That's Brittany Heath. 24 MR. OSBURN: By the way, 25 Commissioner, I'm a very good -- I can put bait . 18 1 on the hook real well if you ever need that help. 2 COMMISSIONER HEATH: Thank you, 3 Hal. I really appreciate that. We have that in 4 the minutes, too. 5 MR. OSBURN: Yes. 6 COMMISSIONER DINKINS: Didn't you 7 want to put a photograph in the minutes? 8 COMMISSIONER HEATH: Yes. That's 9 Brittany Heath. 10 MR. OSBURN: Thank you. 11 COMMISSIONER IDSAL: Thank you, 12 Hal. 13 Jerry Cooke is going to be up next. 14 We're going to wait until we've heard what 15 everybody has to say before we vote on the 16 Proclamation. 17 Good morning, Jerry. 18 MR. COOKE: Good morning, ma'am. 19 Madam Chairman and Members, my name is Jerry 20 Cooke. I'm currently the Director for Upland 21 Wildlife Ecology in the Wildlife Division. I'll 22 be presenting the Wildlife Division's proposed 23 changes to the Hunting and Fishing Proclamation 24 for 2000-2001. 25 Our first proposal was to include . 19 1 eight new counties in the Eastern wild turkey 2 spring season. Those counties are Camp, Franklin, 3 Hunt, Morris, Panola, Rains, Shelby, and Titus 4 Counties. This will be a standard season, as we 5 have in the other counties that are shown in red. 6 It will be opening the Monday nearest April 14th 7 for 14 consecutive days. It will be shotgun, 8 lawful archery equiment, and crossbows only as a 9 means of take. No baiting will be allowed, and 10 every bird taken must be taken through a check 11 station. 12 We had 120 comments in favor of 13 this proposal and 10 in opposition to it. 14 In three counties of East Texas -- 15 Cass, Marion, and Harrison Counties -- we propose 16 to create four doe days in which deer may be 17 taken, either sex. This will be opening the 18 Thanksgiving Day through the following Sunday, and 19 the map shows the relationship of these counties 20 to the counties that currently have that season. 21 There were 130 comments in favor of 22 this proposal and 17 in opposition. 23 We propose to redefine in a portion 24 of our 23 doe-day county compartment to allow 25 antlerless deer to be taken in doe days from the . 20 1 opening day through the Sunday following 2 Thanksgiving. Currently, Thanksiving is not 3 always included in that opportunity, so we're 4 expanding it in that area. Also, we recommend to 5 include San Jacinto, Trinity, and Walker Counties 6 in that compartment. 7 We had 120 comments in favor of and 8 13 in opposition to including those three 9 counties. We had 142 comments in favor of and 10 10 in opposition to redefining the doe days in those 11 counties. 12 In the 11 counties that currently 13 have the 23 doe days in that portion of the Piney 14 Woods, we would recommend to create a 15 muzzleloader-only season in those counties. It 16 would open the Saturday following the close of the 17 general season for nine consecutive days in which 18 two antlerless or two spikes may be taken during 19 that season. 20 We had 119 comments in favor of 21 that proposal and 12 in opposition. 22 I included this map to refresh the 23 Commission's memory on the distribution of deer in 24 Texas. Currently, something over a third of all 25 the white-tailed deer in Texas reside in less than . 21 1 one-fifth of the geographic area of Texas, and 2 that's the Edwards Plateau eco-region. 3 Our proposal -- as soon as my slide 4 changes -- our proposal would be to increase the 5 bag limit in 25 counties of the Edwards Plateau, 6 all or part. This proposal would include the 7 northern portion of Val Verde County; the northern 8 half of Kinney, Uvalde, and Medina Counties; all 9 of Bexar County; and the western half of Travis 10 County, Hays County, and Comal County. All of 11 these counties currently have the four-deer, no 12 more than two-buck, bag. We would propose to 13 increase that to five deer, no more than two bucks 14 in the bag. 15 Our comments were 152 in favor of 16 the proposal and 39 in opposition. 17 COMMISSIONER WATSON: Jerry? 18 MR. COOKE: Sir? 19 MR. WATSON: Did you say Bexar 20 County? 21 MR. COOKE: Bexar County is 22 included in that. 23 COMMISSIONER WATSON: It's not 24 yellow. 25 MR. COOKE: It's not yellow on the . 22 1 map; correct. This was my slide from the previous 2 proposal, and I didn't get the map drawn all the 3 way to the whole bag. I apologize for that. 4 That's why I named it -- 5 COMMISSIONER IDSAL: Good catch. 6 MR. COOKE: -- named it 7 specifically. But I did pronounce it correctly. 8 At Commissioner Angelo's request, 9 and the rest of the Commission, we took to the 10 public a proposal to increase the length of the 11 mule deer season in the western portion of the 12 Panhandle. This would be in the western half of 13 Andrews County, Bailey, Hockley, Lamb, Terry, and 14 Yoakum Counties, and to include a proposal to add 15 Cochran County to that compartment. 16 Generally, we had favorable 17 comments on the proposal of lengthening the 18 season. We had 122 in favor of lengthening the 19 season and 17 in opposition. However, there was 20 some concern about going all the way to 16 days 21 from a fairly new season in those counties. But 22 there was general support for increasing the 23 season to nine days, for example, as an 24 incremental step; and that would be the 25 recommendation to the Committee and to the . 23 1 Commission. 2 For inclusion of Cochran County, 3 they had the same comments about the season 4 length. But there were 134 in favor of and six in 5 opposition to including Cochran County in that 6 compartment. 7 COMMISSIONER IDSAL: Will Cochran 8 County also be 16 days? 9 MR. COOKE: It's whatever the 10 Commission adopts. But it would be included in 11 the compartment with the same seasonal length as 12 all the other counties in that compartment. 13 COMMISSIONER IDSAL: How about the 14 other counties in the State? 15 MR. COOKE: In the Trans-Pecos, we 16 have a 16-day season. And that was Commissioner 17 Angelo's concern was that we had an area of Texas 18 with only a five-day bag. They are not really 19 comparable populations. They're not generally 20 distributed throughout the counties. It's 21 essentially a couple of soil associations where 22 they are found, and naturally the people in the 23 county are conservative people. This is Texas, 24 you know. 25 COMMISSIONER ANGELO: I think this . 24 1 will be a big improvement, because the problem 2 last time was that with five days you only have 3 one weekend, and it turned out that the weather 4 was awful, so it pretty well eliminated the 5 hunting for a lot of people; whereas, if they had 6 two weekends, it doubles their chance to have some 7 decent weather to hunt in. 8 And I think the idea that the staff 9 is recommending to go to nine instead of 16 makes 10 sense, because this is somewhat of an experiment. 11 And there was some general opposition to having 12 the season at all to begin with, but I think it 13 became nearly unanimous that it was a good idea. 14 We don't want to mess it up by overdoing the 15 changes too quickly. 16 MR. COOKE: Thank you. 17 In a portion of Henderson County, 18 current regulations allow only shotgun and lawful 19 archery equipment to be used in hunting, and staff 20 proposes that we delete that restriction from that 21 portion of the county. 22 We had 104 comments in favor of 23 removing that restriction and 11 in opposition to 24 it. 25 Currently, there are two options . 25 1 available to landowners within the MLD Program. 2 The first option provides 3 antlerless-only permits to be used during the 4 general season available within the county. 5 The second option is available to 6 landowners whose management has resulted in better 7 population characteristics and significantly 8 better habitat conditions than is generally found 9 in the remainder of the county. This option, 10 facilitated with permits for both bucks and 11 antlerless deer, provides a five-deer bag, no more 12 than three bucks on the property, and allows deer 13 to be hunted on the property by any legal means 14 from the Saturday nearest September 29th through 15 the Sunday nearest January 31st of the following 16 year. 17 Wildlife management plans used in 18 this program identify as deer population levels 19 that can be safely supported by native vegetation 20 without degradation of habitats, and permits are 21 issued based on harvest recommendations to 22 maintain the deer herd at that safe level. Field 23 staff is currently in training to use a browse 24 survey technique to more objectively evaluate 25 foraging impact on habitats. . 26 1 A scoping meeting held at Canyon of 2 the Eagles in October 1999 showed general support 3 for the program while identifying some concerns. 4 Some claim that landowners using feeding programs 5 and food plots were not being acknowledged within 6 the program. The program is currently focused on 7 native vegetation, because all species of wildlife 8 depend on native vegetation for survival. 9 Those that were concerned claimed 10 that these treatments, the feeding and the food 11 plots, relieve foraging pressure on native 12 vegetation; and this claim will be addressed 13 through the use of the browse survey. Where these 14 enhancements result in protection of native 15 vegetation, their benefits will be recognized and 16 realized in the future. 17 There was concern that annual 18 review of management activities were burdensome 19 and placed landowners in the uncomfortable 20 position of justifying field staff when agreed-to 21 management practices were not accomplished; for 22 instance, during burn bans, you couldn't burn. 23 When you had really, really good habitat 24 conditions, harvest recommendations can't be 25 accomplished. . 27 1 One way to address this concern 2 would be to only require practices to be 3 substantially accomplished within some time frame, 4 such as three years; but staff requests guidance 5 on an appropriate time frame from the Commission. 6 Also, there was concern that there 7 exists a broad gulf between the two available 8 options within the MLD Program as they are 9 currently being implemented. To address this 10 concern, staff proposed an intermediate option 11 between the above two described options to clarify 12 our understanding of the Commission's intent, the 13 enhanced season and enhanced bag option, both in 14 option requirements and the requirements for the 15 wildlife management plan as it applies to the 16 program. 17 The basic difference between the 18 current ESEB option and the proposed intermediate 19 option would be whether or not the October portion 20 of the enhanced season would be available on the 21 property, which it would not be under Option 2, 22 and whether or not all the recommended management 23 pratices needed to be substantially accomplished 24 within the time frame established by the 25 Commission, which in Option 2 would only include . 28 1 the harvest portion of those recommendations. 2 Staff anticipates the use of the browse survey to 3 objectively distinguish between these two habitat 4 conditions. 5 Also, this proposal distinguishes 6 between the intermediate option and a general 7 season antlerless-only option based on whether or 8 not harvest recommendations are being 9 substantially accomplished within the time frame 10 established by the Commission. 11 It is important for the Commission 12 to understand that if this proposal were adopted 13 as presented, and no grace period is provided for 14 in the regulation, there will be property owners 15 who currently qualify under the ESEB option that 16 will only qualify for the intermediate or general 17 season antlerless-only option during future 18 seasons. 19 Also, there will be property owners 20 who will not qualify under the intermediate option 21 because they will not substantially meet harvest 22 recommendations within the time frame established 23 by the Commission. However, if the Commission 24 provides that substantial compliance is required 25 only within a designated time frame, these . 29 1 situations would be minimized. 2 This proposal will mean that within 3 this program, the wildlife management plan will 4 not be an informal voluntary agreement between 5 property owners and Parks and Wildlife, but will 6 become to a certain extent a regulatory device. 7 The purpose of this proposal is an attempt to 8 address the concerns that have been brought to us 9 about the program as it is currently being 10 implemented, and to clarify the intent of the 11 Commission for this program. 12 If we understand the Commission's 13 intent for this program, staff would further 14 propose to change the name of the program to the 15 Managed Lands Permit Program to emphasize that the 16 focus of this and all other programs of Parks and 17 Wildlife is on habitat. 18 The comments for this proposal was 19 94 in favor of and 21 in opposition to. 20 Since I'm the last presentation, 21 the staff recommends that the Regulations 22 Committee forward the Statewide Hunting and 23 Fishing Proclamation to the full Commission 24 tomorrow for adoption, and this will be the 25 adoption motion that will be presented at that . 30 1 time. 2 Do you have any questions over the 3 Wildlife portion? 4 MR. SANSOM: Ms. Chairman, if I 5 might, before we take your questions, I'd like to 6 add to what Jerry has said by noting, first of 7 all, that the public comment on the last part of 8 his proposal -- that is, the changes to the MLD 9 Program -- have been generally supportive. On the 10 other hand, these proposals have generated a great 11 deal of confusion about what our intent is and 12 about what the standards are by which we would 13 issue these permits. 14 Mr. Watson and I and some of some 15 of the staff have begun a process of visiting many 16 of the affected ranches to try to see what the 17 impact is on the ground, and that's convinced us 18 that that confusion is definitely out there. 19 I will tell you that I'm concerned, 20 as I know our Chairman is, that we have the most 21 successful program in the United States that seeks 22 to bring landowners into voluntary conservation 23 programs. We now have over 10 million acres in 24 Texas in voluntary conservation programs. We've 25 got over four million acres in MLD at this time. . 31 1 And the last thing we want to do is to create 2 disincentives, as opposed to trying to get more 3 people into that program. We need to grow it. 4 Our programs are focused on 5 habitat. Habitat is the key to all wildlife 6 success, and so we need to make sure that 7 everyone understands that habitat is the focus of 8 our programs. But we also need to realize that 9 there are people out there who have legitimate 10 grievances, perhaps, about how this is program 11 should be administered. 12 So my proposal to you today is that 13 we leave the MLD portions of the Proclamation as 14 they are and go forward with the program as it 15 currently exists; to also defer our later item on 16 the agenda today that has to do with Triple T; and 17 working with our Chairman and Mr. Watson and 18 others, that I will appoint a group of people who 19 represent the interested parties, interested 20 people who are currently concerned about this 21 program. And we will within the next two weeks 22 begin a process of trying to work with them to 23 seek a format for this program that reaches the 24 objectives that I've laid out, if that is 25 acceptable to you. . 32 1 That would involve only the 2 portions of this program, of the Proclamation, 3 that deal with the managed lands permits. 4 COMMISSIONER DINKINS: I think 5 that's a good approach here, because I think these 6 are difficult to understand. And as hard as they 7 are to understand, they must be particularly 8 difficult to take advantage of and for the 9 Department to administer. 10 But both Jerry and you, Andy, 11 talked about habitat; and I think it's essential 12 that we continue to make clear that that is a 13 critical part of what the Department has to focus 14 on in this program, and I think getting a 15 committee of interested stakeholders together on 16 that issue is an excellent approach. 17 But I would just urge that you 18 continue to stress the need for protection and 19 management of the habitat; because in Texas, with 20 all of it or virtually all of it being in private 21 ownership, that's the only way that we can protect 22 our natural resources. And our private landowners 23 do a good job in that regard, and we just need to 24 make sure that this program is one that supports 25 and encourages that. . 33 1 COMMISSIONER ANGELO: Madam 2 Chairman, my motion earlier to approve the 3 fishery's part was premature. So if there's no 4 objection, I would ask that that one be withdrawn, 5 and I would move that we approve the 6 recommendation as to the appropriate changes. 7 COMMISSIONER DINKINS: And I'd 8 second that. 9 COMMISSIONER IDSAL: All in 10 favor? All opposed? 11 (Motion carries unanimously.) 12 ITEM NO. 3 - ACTION - PROPOSED FINFISH LICENSE 13 LIMITATION PROGRAM. 14 COMMISSIONER IDSAL: Item Number 3, 15 Proposed Finfish License Limitation Program; Paul 16 Hammerschmidt. 17 Good morning. 18 MR. HAMMERSCHMIDT: Good morning. 19 Madam Chairman, Members of the Committee, my name 20 is Paul Hammerschmidt, Program Director for the 21 Coastal Fisheries Division. 22 My presentation today will review 23 staff's proposals to fulfill the legislative 24 mandate to implement a license management program 25 for the commercial finfish fishery in Texas. . 34 1 The 76th Legislature under Senate 2 Bill 1303 granted the Parks and Wildlife 3 Commission this authority. 4 Let me back up here. There we go. 5 The various proposals that we made 6 were to implement the licensed management program 7 through a new Finfish Fishery Proclamation. 8 Within that, it would delegate administrative 9 authority of the program to the Executive 10 Director. It establishes rules for the display of 11 the license plate on a vessel; sets the date of 12 the transferability of the licenses to any time 13 beginning September 1, 2000; and lays out the 14 framework for a license buyback process. 15 It also sets commercial finfish 16 fisherman license and transfer fees at $300 for 17 resident, $1,200 for nonresident; and, finally, 18 under the Statewide Hunting and Fishing 19 Proclamation, sets the total number of trotlines 20 and crab traps a fisherman may use and establishes 21 marking requirements for those trotlines and crab 22 traps. 23 We had approximately 53 responses, 24 83 percent of which were favorable toward adoption 25 of this proposal. . 35 1 Additionally, during the public 2 hearing process, members of the commercial fishing 3 industry asked that the Commission consider new, 4 less restrictive criteria which are used to 5 determine whether fisherman can leave trotlines in 6 the water during the weekend ban on trotlines. 7 Currently, trotlines must be 8 removed from the water no later than 1:00 p.m. on 9 Fridays unless the National Weather Service has 10 issued a small-craft advisory, where wind speeds 11 are 20 knots or greater. The industry asked that 12 the criteria be lowered to a newly adopted 13 advisory category called "small craft take 14 caution," where wind speeds are 15 to 20 knots. 15 Staff obtained weather data from 16 the National Weather Service and found that the 17 number of Fridays eligible for the new advisory 18 would increase from 10 percent of the Fridays per 19 year to 50 percent of the Fridays each year. 20 Consequently, due to this 21 significant increase of potential effort, staff 22 felt no action should be taken at this time. 23 However, we would like to continue to evaluate 24 this proposal. As part of our evaluation, we will 25 solicit more input from the general public and . 36 1 look into the potential effects from a resource 2 perspective; and we will also assess how the new 3 license management program, pending approval of 4 the Commission, may offset future commercial 5 fishing activities. 6 That's my proposal. I'll be happy 7 to answer any questions. 8 COMMISSIONER IDSAL: This may sound 9 like a silly question, but why is it important 10 that trotlines be taken out of the water? 11 MR. HAMMERSCHMIDT: Back when that 12 issue was made, it was made as a user conflict 13 issue and as a safety issue for over the weekend. 14 And we found that in the lower Coast, 15 particularly, the small-craft advisory is a good 16 portion of the time. 17 COMMISSIONER IDSAL: Thank you. 18 COMMISSIONER RYAN: On the buyback 19 program, how do we determine what price that we 20 offer? 21 MR. HAMMERSCHMIDT: We have not 22 done that yet. What we're waiting for is for one 23 full year of the licenses to be issued, to get 24 that to settle out first, so we know who all the 25 players are in the program. Then we'll start . 37 1 looking at that, and we will be doing that 2 currently with the crab industry. We've had one 3 full year of it. That's the way we did it with 4 the shrimp industry as well. We like to know who 5 our players are, how they're distributed up and 6 down the Coast, and then we'll look and see how to 7 establish a buyback process on that. There are 8 several options. 9 COMMISSIONER DINKINS: Paul, what's 10 been the history over the last 20 years of the 11 population of the finfish, given that it was 12 about that long ago that some of the restrictions 13 came into play? 14 MR. HAMMERSCHMIDT: Yes, ma'am. On 15 the game fish, red drum and spotted sea trout, 16 we're seeing some of the best fishing we've ever 17 seen in 20 years. Tomorrow you'll be seeing a 18 fishing forecast on coastal fishing. 19 Black drum seem to be doing okay, 20 seem to be holding their own, which is a 21 commercial species. And that's the one that is 22 particularly targeted by trotliners. 23 Flounder are not doing so well. 24 We're still working on some issues with flounder. 25 We have in the last couple of years . 38 1 established a bag limit on commercial fishermen. 2 We've changed the size limit a little bit, which 3 should allow the fish to spawn once before they 4 are targeted for the fishery, both recreational 5 and commercial. 6 So in general everything looks 7 pretty good except for flounder. 8 COMMISSIONER DINKINS: Thank you. 9 MR. HAMMERSCHMIDT: Yes, ma'am. 10 Any other questions? If not, then 11 staff recommends the following motion: That the 12 Regulations Committee of the Texas Parks and 13 Wildlife Commission authorize staff to bring the 14 proposed changes before the full Commission to be 15 considered for adoption. 16 COMMISSIONER IDSAL: Do I have a 17 motion? 18 COMMISSIONER HEATH: So moved. 19 COMMISSIONER IDSAL: Second? 20 COMMISSIONER WATSON: Second. 21 COMMISSIONER IDSAL: All in favor? 22 COMMISSION MEMBERS: Aye. 23 COMMISSIONER IDSAL: All opposed? 24 (No response, and motion carries 25 unanimously.) . 39 1 ITEM NO. 4 - BRIEFING - SHRIMP REGULATORY REVIEW 2 INITIATIVES. 3 COMMISSIONER IDSAL: All right. 4 Number 4 is the status of the Shrimp Management 5 Initiative. Hal Osburn will give us a status 6 report. 7 MR. OSBURN: Thank you, Madam 8 Chairman. Commissioners, I'm Hal Osburn, Coastal 9 Fisheries Division Director. 10 The Shrimp Regulation Review 11 Initiative, which we started about a year and a 12 half ago, is entering its final phase. I'd like 13 to update you on its status. 14 Let me start by noting how 15 important shrimp are to the ecology of our 16 estuaries. They do provide a critical link 17 between the primary producers, top consumers in 18 that marine environment. Basically, if you don't 19 have healthy shrimp populations, you won't have 20 healthy estuaries. Shrimp are an important food 21 source for virtually all of our game fish: red 22 drum, spotted sea trout, and flounder. These are 23 the species that support a recreational fishing 24 industry worth about $2 billion to the State. 25 Of course, humans are also in the . 40 1 food chain at the top, and we enjoy eating shrimp; 2 and those consumptive demands have fostered a 3 commercial industry which is worth about a half a 4 billion dollars to the State. 5 In Texas there are three primary 6 species. White, brown, and pink are their common 7 names. Each has a complex but predictable annual 8 life cycle. It includes spawning in the Gulf, and 9 then the larval movement into the back bays. They 10 have several months of rapid growth. They move 11 down back into the primary bays, and then they 12 will move out into the Gulf once again as adults 13 within that year. 14 Throughout most of a shrimp's life 15 history, they are pursued by a fleet of commercial 16 vessels. When they're in the back bays, there is 17 a fleet of about 1400 bait-shrimp vessels that 18 seek those shrimp out. As they grow and move to 19 the primary bays, they are sought as food; and 20 that fleet also consists of about 1400 licensed 21 vessels. As the shrimp reaches maturity and moves 22 back to the Gulf, it is hunted by a fleet of about 23 2300 licensed vessels. Those are Texas vessels. 24 There's also numerous out-of-state vessels which 25 are not required to be licensed in Texas and fish . 41 1 just outside the Texas waters. 2 Unfortunately -- there's my Gulf 3 slide, the shrimp returning to the Gulf -- we 4 had a balance originally a number of decades ago 5 between the bait and the bay and the Gulf shrimper 6 and the available shrimp population. That balance 7 has been disrupted in the last few decades with 8 numerous changes in the fishery, some of them 9 listed here. These collectively have created some 10 biological, economic, and social stresses on our 11 fishery. 12 I wanted to highlight some of the 13 trends that cause concern for staff. We've seen 14 the shrimping efforts in the bays increase about 15 300 percent since the early '70s. A limited entry 16 program, which came in in about 1995, does appear 17 to have leveled out the effort, but is has not 18 reversed that trend. 19 During that same time period, we 20 have seen a none of bay shrimp harvested increase 21 actually about 400 percent as the technology, the 22 efficiency of the vessels, has increased. 23 The catch rate of the bay shrimp 24 has declined about 50 percent in that time period, 25 and this to us indicates a reduction in the . 42 1 relative abundance of those shrimp that are 2 migrating to the Gulf as they make their way out 3 of the bay. 4 And perhaps the most disturbing 5 trend is the decline of the adult spawners in the 6 Gulf, about a 30 percent decline. This means to 7 us that the number of adult shrimp available to 8 provide the crop of larvae for the following year 9 in the bays is basically steadily diminishing. 10 Reversing these trends is 11 considered by staff to be a biological mandate. 12 We do think that we need to prevent any 13 possibility of a collapse of this valuable 14 resource. I will tell you it is not clear how 15 long we could go ignoring these trends before we 16 saw actual recruitment over fishing, but we 17 believe it is prudent to take action now. A lot 18 of folks will tell you that it is impossible to 19 collapse a shrimp stock, but there are numerous 20 examples in the scientific literature which 21 actually say just the opposite. This kind of 22 biological disaster in Texas would obviously have 23 an enormous economic impact on the shrimpers and 24 the processers; but beyond that, on the tourist 25 and recreational fisheries that depend on that . 43 1 healthy estuary. 2 Excess shrimping effort in our bays 3 and Gulf does affect more than just the shrimp 4 stocks. Staff continues to be concerned about the 5 huge bycatch of other species, the interaction of 6 the shrimper with the sea turtle strandings, and 7 the impacts of trawling on bottom habitat and 8 water turbidity. 9 Our management strategy for this 10 fishery is mandated to be a compromise between 11 biological, social, and economic factors. Given 12 our current status, though, we believe that if 13 we're goind to achieve optimum yield, we do have 14 to reduce the overall impact of this fishery on 15 the estuary. 16 One of the least disruptive ways to 17 do that is is the licensed buyback program. It 18 has been very popular with industry. It was 19 supported by the Legislature, established by the 20 Legislature. But I will tell you it is not quick, 21 and it is also not cheap. Following my 22 presentation, Dr. McKinney will present some ideas 23 on how to accelerate that program. 24 Less popular with the shrimping 25 industry, but certainly less expensive and more . 44 1 effective in the short term, are additional 2 restrictions on where, when, and how shrimp are 3 allowed to be harvested. In addition, license 4 fees can be adjusted on the commercial side to 5 properly fund management of this public resoucre. 6 We find ourselves with three basic 7 options. One is to take no action right now, 8 which we believe would incur a lot of economic and 9 biological risk. We could impose some very 10 restrictive rule changes on the fleet. That would 11 cause some short-term economic disruption along 12 the Coast. Or we could adopt a moderate package 13 of rule changes which would begin the recovery 14 process by addressing some of the most serious 15 parts of our concern. 16 I do need to point out to you that 17 even new rule changes cannot guarantee success. 18 The reason is that you still have environmental 19 concerns; pollution. Fresh-water inflow must 20 continue to be given a high priority. Law 21 unforcement must be given the resources to get 22 adequate compliance from our rules so that it's 23 not just a paper exercise. And because of our 24 economic stresses in the fleet that have generated 25 for many numbers of years now, we have not reached . 45 1 the point where the industry in general is willing 2 to accept new conservation measures, so we have 3 not gotten to that co-management phase that we 4 want to be at. 5 Staff does seek guidance from the 6 Commission on what is admittedly a very difficult 7 management issue in natural resources. With your 8 concurrence, we will develop a moderate package of 9 rule changes which we will take to the Shrimp 10 Advisory Committee later this month, and we will 11 then present any modifications of that to you at 12 your next meeting. 13 And that concludes my presentation. 14 I'll be happy to answer any questions. 15 COMMISSIONER RYAN: I have a couple 16 of questions. Are we seeing sea turtle strandings 17 off bay shrimp? 18 MR. OSBURN: There are some. That 19 is a minor part. Probably only in the 10 percent 20 range of the sea turtle strandings appear to 21 generate from the bays. 22 COMMISSIONER RYAN: Okay. Another 23 thing is: On our buyback program, are we buying 24 back more bay shrimpers than we are Gulf 25 shrimpers? . 46 1 MR. OSBURN: The Gulf shrimper is 2 not a part of the buyback program. It's bay and 3 bait licenses only is what the Legislature 4 established. I will tell you I wish I had a 5 limited-entry program on the Gulf fleet. We do 6 not have that. So we're buying bay and bait 7 licenses, and we've bought about 50/50 of those, 8 about even to their proportion. 9 COMMISSIONER RYAN: Would there be 10 an interest from those shrimpers on the Gulf? 11 MR. OSBURN: We have received some 12 recent interest from leaders in that arena, and 13 I'm very encouraged by that. I know it's 14 something that we're going to pursue. We do have 15 to get legislative authority to do it, though. 16 COMMISSIONER RYAN: Do you think 17 that's something we'll do in the near future? 18 MR. OSBURN: It's on the next phase 19 of the shrimp management strategy. This is a 20 long-term process. We started in 1985, when the 21 Legislature spoke to us to give us new regulatory 22 authority. In 1989 we got the shrimp FMP. In 23 1995 we got the limited entry. We will be taking 24 an action this year, possibly, and then in the 25 future years there are still things to do. I . 47 1 think Gulf limited entry is not a -- just because 2 Texas does limited entry, we still have to deal 3 with the other states that can come in right 4 outside of nine miles. I will tell you we are 5 working with those states and the Gulf of Mexico 6 Fishery Management Council Counsel to propose that 7 sort of limitation system. 8 MR. SANSOM: And it's interesting, 9 Commissioner -- and I know that Hal has already 10 mentioned it -- but for the first time in quite a 11 while, we have had members of the Gulf industry 12 approach us and ask about it. But it's got to be 13 a Gulfwide solution. It cannot be Texas alone. 14 DR. McKINNEY: Madam Chairman -- 15 COMMISSIONER HEATH: A Gulfwide -- 16 DR. McKINNEY: I'm sorry. 17 COMMISSIONER AVILA: I have one 18 more question. A Gulfwide solution: Does that 19 mean Mexico, inclusive, or are you just talking 20 about U. S.? 21 MR. SANSOM: Ideally, yes, sir. 22 COMMISSIONER AVILA: And the other 23 question is: If there's been a shrimp fishery 24 collapse that includes Mexico and Brazil, did they 25 see that coming and take any action and try to put . 48 1 in any regulation, or have we looked at that? 2 MR. OSBURN: Most of these 3 collapses around the world have taken action. 4 Obviously, when something that dramatic happens, 5 you take note of it. Primarily, those fisheries 6 allowed a harvest, a tremendous harvest of the 7 very smallest shrimp in their bays. And in some 8 cases, they would literally close the -- put nets 9 across the passes. The tide rushed out with the 10 equivalent to cheesecloth across the pass to catch 11 everything that went out, and it didn't take long 12 before, "What happened to the big ones offshore?" 13 They have taken action in all of the situations 14 that I know of, but most of it has transferred to 15 another area, and then you get another overfishing 16 problem. 17 So we're still learning those 18 lessons. Fishery management is not where it needs 19 to be around the world. 20 COMMISSIONER AVILA: But the point 21 is, they're taking reactive action, and you're 22 trying to take some proactive action? 23 MR. OSBURN: Yes, sir. 24 COMMISSIONER AVILA: Okay. 25 COMMISSIONER IDSAL: Hal, could you . 49 1 define for me a "collapse"? 2 MR. OSBURN: That is an interesting 3 term, and it means a lot of different things to a 4 lot of different people. You can have an economic 5 collapse, which would not be as bad as biological 6 collapse. An economic collapse would be that it's 7 not worth going out there and fishing, and we're 8 certainly going to get to that point before we 9 get to a biological collapse. 10 A biological collapse for us would 11 be when we first see recruitment over fishing, 12 which is when the number of shrimp spawned and 13 sent into the bays is not equivalent to the number 14 that the bays can actually hold. Right now there 15 probably is a surplus of shrimp in the bays that 16 the bays can hold, but the number of adults 17 producing them is going down. At some point 18 there's just not enough babies being produced, and 19 the bays become less fertile with shrimp so that 20 the biomass of shrimp is not as large as it would 21 be on average. And that, to us, is at least the 22 start of a collapse. 23 MR. SANSOM: Now, Hal, from an 24 ecological standpoint, would it not be the case, 25 then, that that would also affect everything else? . 50 1 MR. OSBURN: Absolutely. 2 MR. SANSOM: I mean, not just the 3 catch of shrimp, but the redfish and trout that 4 feed on them. 5 MR. OSBURN: I could spend -- 6 we've had a wonderful opportunity to look at 7 data. We've created some biomass pictures of 8 shrimp; and it's really wonderful, the biomass 9 that the estuaries produce for us every year, 10 when you think of how much shrimp biomass is out 11 there. But that biomass has to be shared with the 12 other fish, it has to be shared with the shrimp 13 population so they can rejuvenate themselves, and 14 it has to be shared recreationally and has to be 15 shared commercially. 16 And so the first two, what the 17 other species need and what the shrimp populations 18 need, is the biological side of it that we're 19 trying to prioritize, and the socioeconomic side. 20 We have to give Mother Nature part of this stuff 21 back, and we're not doing a very good job of that 22 right now. 23 COMMISSIONER IDSAL: Carol? 24 COMMISSIONER DINKINS: Hal, the 25 bycatch of 80 million pounds -- . 51 1 MR. OSBURN: Yes, ma'am. 2 COMMISSIONER DINKINS: -- you 3 didn't give us a chart that compared that over 4 time or showed a trend. What does that look like 5 in terms of history? 6 MR. OSBURN: The bycatch is going 7 to basically parallel in poundage the effort on 8 the first increase, which was about a 300 percent 9 increase, because the amount of bycatch per trawl, 10 I think, has been fairly steady over time. We 11 don't have as good a number on that as we do on 12 the actual shrimp populations. That's what 13 scientists have been measuring. Well, you study 14 the shrimp. Well, the bycatch is something that 15 we've only discovered in the last decade or so as 16 to, "Well, what about all this other stuff?" But, 17 yes, the steady increase in the bycatch. 18 And I will tell you that our 19 Number 1 concern out of the bycatch is those 20 flounder. Paul Hammerschmidt spoke about the 21 flounder. One of the things we've identified that 22 is holding back the recovery of flounder is the 23 literally millions of flounder juveniles being 24 caught in shrimp trawls. 25 COMMISSIONER IDSAL: Any other . 52 1 comments? 2 DR. McKINNEY: If there's no 3 additional comments, I'll go ahead and continue 4 with the second part. 5 Madam Chairman, for the record, I'm 6 Larry McKinney, Senior Director for Aquatic 7 Resources. 8 As Hal, I think, so eloquently 9 presented, one of the important aspects of our 10 long-term strategy is to reduce that pressure. 11 And one of the options that we briefed the 12 Commission on at your last meeting was ways in 13 which we could accelerate that buyback program and 14 some options that we were looking at and that we 15 went out and scoped, and that's what I want to 16 talk with you about today. I'll give you the 17 results of that and have a little bit of 18 discussion and recommendation of where we go with 19 that. 20 Just in a quick summary, the option 21 we're looking at is increasing the salt-water 22 fishing stamp by $1 to $3, or overall fishing 23 license by that amount, in order to generate funds 24 to accelerate that program. We scoped those 25 ideas; and fortunately, because we have an ongoing . 53 1 survey of our salt-water anglers right now that's 2 underway and being tabulated, we were able to have 3 a question in there and extract that information. 4 And we've looked at over 1,000 5 responses to the question, "Would you support an 6 increase in the salt-water stamp to accelerate the 7 buyback program?" And Statewide that response has 8 been 68 percent in favor. 9 Where we did specific scopings 10 along the Coast, for example, as part of our 11 process, that support was as high as 73 percent in 12 favor of accelerating that program. 13 A couple of major concerns were 14 raised if we do that. One is that -- and, again, 15 we discussed this with the Commission -- we 16 definitely wanted to look at a sunset provision 17 with that fee increase that not only accomplished 18 our goal, but that that fee went away at that 19 time. And clearly our sport recreational anglers 20 were saying that if we're going to do this, we 21 really need to make sure that we're accomplishing 22 a conservation goal. 23 And I think in the discussion we 24 just had, making a point of if we can reduce 80 25 million pounds of bycatch -- four pounds of . 54 1 bycatch for every pound of shrimp we take in the 2 bays -- that if we can reduce the pressure and 3 reduce that bycatch, we will greatly benefit our 4 fishery. 5 Also, if we can reduce the 6 trawling -- in which many of our bays, all of our 7 bays are completely turned over, trawled over, 8 from three to eight times each years, creating a 9 lot of pressure -- if we can reduce that, that has 10 definite conservation values. 11 So considering that and the 12 results, staff kind of seeks your guidance to move 13 forward. And what we would like to do is propose 14 that we increase the salt-water stamp fee by $3; 15 not the overall license fee, but the salt-water 16 stamp fee alone. We looked at the overall 17 issues; but because of the Combo and the success 18 of the Super Combo and where it is, we don't want 19 to mess with a good thing, although I think this 20 may accelerate more purchases of that program, and 21 that's good. 22 So our recommendation is to go 23 forward with the $3 stamp fee. We would sunset 24 that increase by September of 2005. We would 25 propose putting it forward to you in June for your . 55 1 consideration of adoption. It would become 2 effective in September of 2000. If we do that, we 3 would generate some $1.5 million annually for our 4 buyback accounts. 5 I do want to point out at this time 6 we have it set as buyback accounts, not 7 necessarily shrimp accounts. Our concern there is 8 that if we generate those funds through the year, 9 we don't want to be caught where we can't expend 10 them for those shrimp things. 11 We have some limits, obviously, 12 from the legislative authority and so forth as to 13 what we can or can't do in a year, and we want to 14 make sure that we make the best use of that money. 15 And to there might be occasions where we would 16 want to help on the other buybacks of crabs or 17 finfish in order to make the best of the money. 18 But our clear goal -- clear goal -- 19 is that 50 percent reduction in shrimp. But 20 until we can make sure we've addressed perhaps the 21 fiscal and some of the legislative limits, we 22 don't want to lock ourselves in there until we can 23 make sure that we will make the best use of that 24 money. 25 So, at this time, certainly, if you . 56 1 have any additional questions, we would just seek 2 your guidance and comments on proceeding with that 3 proposal. 4 MR. SANSOM: Commissioners, the 5 effect of this conversation would be that if you 6 have no objection, we would go the The Texas 7 Register during the next few weeks with a proposal 8 to raise the salt-water stamp $3 for this purpose. 9 It would be sunsetted, have a sunset provision; 10 and we would bring it back to you for concurrence 11 in June. 12 Let me say here that this is a big 13 deal. I mean, I want to reiterate what Hal has 14 said. This is a big deal. This is a serious 15 resource issue, both in terms of the shrimp and in 16 terms of the bay bottom and all the other species 17 that are affected by the bycatch. We will look at 18 some alternatives, to even borrowing money to 19 leverage against this so that we can take these 20 revenues and potentially even act quicker, because 21 it is a problem. 22 On the other hand, because of the 23 support of people like Edmond Kemple and others 24 and members of the industry and the hard work that 25 Hal, and Gene before him, have done, and Larry, we . 57 1 have as good a relationship with this industry as 2 we've ever had. I mean, it is a good partnership. 3 And so we want to stick with an approach that 4 allows us to try to address this problem in 5 partnership with the industry, because they're the 6 ones with the most to lose if this industry 7 collapses economically. 8 DR. McKINNEY: Well said, sir. 9 COMMISSIONER AVILA: You were 10 saying you're looking to move forward with this 11 accelerated license for the buyback program, but 12 you also are going to meet with the advisory 13 committee and come up with some restrictive 14 measures, as well? 15 DR. McKINNEY: What this is is the 16 long-term strategy. It's going to take us five 17 years to even get that to happen, so this is a 18 long-term strategy. But that's not going to 19 alleviate the concerns that Hal has raised over 20 the short term and where we are, so it has to be a 21 combination at this point. 22 COMMISSIONER AVILA: But we are 23 going to do something short-term? 24 DR. McKINNEY: Yes, sir. 25 COMMISSIONER HENRY: Since shrimp . 58 1 is the immediate concern, did you consider 2 restricting the funding for that period of time to 3 shrimp, and one to two to three years and later to 4 deal with the other? 5 DR. McKINNEY: We did look at that 6 scenario, but the unknowns of what our 7 restrictions might be legislatively and so 8 forth -- and, for example, we'll generate one and 9 a half million dollars next year; and that's just 10 from the -- if we do this proposal, that's just 11 from the salt-water stamp that the industry itself 12 contributes. So over the biennium, we could have 13 three to four million dollars to work with. 14 I want to buy as many of those 15 licenses as we can, but I don't want to get into a 16 situation where I'm just handing out money to 17 spend the money to buy it. And so until we can 18 make sure we have the legislative authority and 19 direction to do that, I want to make sure we can 20 use that money the best way we can to reduce all 21 of our commercial fishing impact, crab and finfish 22 as well. 23 So at this point, our goal, our 24 clear goal, is 50 percent of that shrimping 25 license; but I don't want to put us in a situation . 59 1 where we get the limit and don't make the best use 2 of the money, if that explains it. That's where 3 I'm caught right now, just because of the 4 uncertainties of how I can spend that money wisely 5 if we do so. 6 COMMISSIONER IDSAL: Larry, is 7 there any way to quantify the effect of being a 8 purchaser, Texas Parks and Wildlife as a purchaser 9 of these licenses? Has that caused an upward 10 pressure on the price of the licenses? Are we 11 having to pay a little more by doing it this way, 12 a little at a time? 13 DR. McKINNEY: I think this 14 program, what we're talking about, will cause it 15 to go up more. Right now it hasn't, because there 16 just hasn't been that money. 17 COMMISSIONER IDSAL: I believe last 18 meeting you said the licenses -- or maybe you had 19 it here, too -- were about $6,000? 20 DR. McKINNEY: Around that, yes. 21 It would definitely go up, as you expect, if we 22 start buying them back. They become more 23 valuable. But also if people think you have 24 money, they're going to try to hold out or 25 whatever. So that's kind of the unknown. We've . 60 1 figured that in our models to go up, but that's 2 part of the issue. 3 COMMISSIONER IDSAL: One more 4 question on it: Can you tell me where the price 5 of licenses have been in the last five years, 6 from the most you've paid and the least you've 7 paid? 8 MR. OSBURN: On these commercial 9 licenses? 10 COMMISSIONER IDSAL: On the 11 buyback. 12 MR. OSBURN: Oh. The least we've 13 probably paid was a couple of thousand dollars, 14 and I think the most was about $8,500. 15 COMMISSIONER HENRY: How does this 16 compare to transfers and transferabilities, and 17 what are the major restrictions there? 18 MR. OSBURN: The Legislature -- and 19 this was a compromise with industry -- the 20 Legislature established an open transferability as 21 of September of this last year. Before that, only 22 historical participants in the fishery could buy 23 someone else's license. 24 Now anyone can walk down to the 25 dock and buy somebody's license, and you can go . 61 1 shrimping; or you could transfer it to the State, 2 and we have a program to transfer them to the 3 State with what we call buyback agents. We have 4 not had anybody do that for us yet, but it is open 5 transferability, which makes it a market 6 commodity. It's now a free market on those 7 licenses. And, of course, that means we have 8 competition to buy them, and that will drive the 9 price up. 10 But the poor economic situation in 11 shrimping makes it to where you don't have a lot 12 of competition right now on buying thoses 13 licenses. 14 As our programs succeed, it will be 15 harder and harder to buy a license back. But 16 that's where we want to be. That's the kind of 17 problem we want. That means the catch rates have 18 turned around. 19 COMMISSIONER RYAN: Hal, what's the 20 average cost of a shrimp boat? 21 MR. OSBURN: Shrimp boat? There 22 are some members of the industry here that could 23 probably answer that better than I. It depends on 24 the conditions. I will tell you that in the Gulf 25 fleet you were asking about, we've had some . 62 1 recent brand-new vessels over 100 feet long with 2 big Caterpillar engines in them that have gone for 3 $1 million; but in our bay fleet, I think it's in 4 the $30,000 to $100,000 range. 5 COMMISSIONER RYAN: If we buy those 6 people's license out, where do those boats end up 7 going? 8 MR. OSBURN: We're going to try to 9 track that. In some cases, the vessels are in 10 need of a lot of repair, and they just choose not 11 to spend any more money on the vessel. 12 COMMISSIONER RYAN: It's 13 depreciated them out, then? 14 MR. OSBURN: Right. It's 15 depreciated them out. And a lot these vessels, if 16 you look at the fleet, they have been depreciating 17 for a while. 18 DR. McKINNEY: And, as would make 19 sense, those individuals that would be most 20 interested in a buyback program are probably on 21 the edge or under, and their vessel is not going 22 to be worth that much. 23 MR. OSBURN: There are, of course, 24 shrimp fisheries throughout the Gulf and South 25 Atlantic; and there's big broker systems to buy . 63 1 boats. 2 COMMISSIONER RYAN: So we don't 3 really know what percentage of boats that we 4 actually take out of the fleet? 5 MR. OSBURN: Yes, we do know the 6 number that we're taking out, because the license 7 is associated with the vessel. 8 COMMISSIONER RYAN: But what I'm 9 saying is: That boat could go somewhere else and 10 continue to shrimp? 11 MR. OSBURN: Not in our waters. 12 COMMISSIONER RYAN: Right. But it 13 could still go somewhere else? 14 COMMISSIONER ANGELO: Another 15 state, or -- 16 COMMISSIONER RYAN: We don't know 17 what percentage of those boats actually are taken 18 out of the industry? 19 DR. McKINNEY: In other words, 20 drydocked or whatever? 21 COMMISSIONER RYAN: Right; 22 destroyed or whatever. 23 MR. OSBURN: We have begun to ask 24 them to do a questionnaire on our buybacks of, 25 "What kind of history do you have in the fishery? . 64 1 What is the condition your boat? What are you 2 going to do with your boat?" We're going to try 3 to track that for you. 4 COMMISSIONER RYAN: I think that 5 would be good information. 6 MR. OSBURN: Yes, sir. And it does 7 speak to the social issue here; and it's part of 8 the reason to take what I call the kinder, gentler 9 approach on this, because these are fishing 10 communities. 11 These are hard-working people. 12 They have put their lives into this fishery, and 13 a lot of these fisheries would not be where they 14 are without their efforts. We're reaping the 15 benefits as to the economy, but they don't need to 16 be just suddenly displaced. And that certainly 17 has some precedent around the Gulf, and even in 18 this State, of just a sudden displacement: You're 19 not in there any more. We think this soft exit 20 stragegy reduces the social impacts on the coastal 21 communities. 22 MR. SANSOM: I would like to add 23 there that in addition to those contributions, the 24 earliest proponents of environmental protection in 25 the coastal waters were commercial fishermen as . 65 1 well. So they have also led the way in 2 conservation. 3 MR. OSBURN: They will speak to you 4 about the environmental concerns, and a lot of 5 them will tell you it's all environment: "If you 6 would just fix the pollution." As a manager, I 7 have to take what I have to work with in that bay 8 system and what shrimp it can hold, and prioritize 9 its sustainability. But they are conservationists 10 at heart. 11 COMMISSIONER DINKINS: Larry, what 12 was the number again of the coastal anglers 13 surveyed who support this? 14 DR. McKINNEY: 73 percent. Out of 15 our responses from our e-mails or public meetings, 16 letters and phones and so forth, we had a total of 17 360 responses. From that, 259 were in favor, and 18 94 were opposed. So we're talking about 73 19 percent. I can get you those numbers in 20 particular. 21 The bulk of it, I guess, of course 22 came from the fact that we were able to extract 23 that one question from the Statewide survey that 24 the fisheries are doing to get a total of 1,000 25 responses. That's Statewide in regards to this . 66 1 issue. 2 COMMISSIONER IDSAL: Any other 3 comments? 4 Hal and Larry, thank you for your 5 comments. 6 DR. McKINNEY: Thank you, Madam 7 Chairman. 8 COMMISSIONER IDSAL: These are 9 difficult issues. 10 ITEM NO. 5 - ACTION - PUBLIC HUNTING LANDS 11 PROCLAMATION AND PROPOSED STATE PARK HUNTS. 12 Item No. 5, Public Hunting Lands 13 Proclamation and Proposed State Park Hunts; 14 Herb Kothmann. 15 Good morning, Herb. 16 MR. KOTHMANN: Madam Chairman and 17 members of the Regulations Committee, my name is 18 Herb Kothmann. I'm a Director of Public Hunts. 19 This presentation deals with 20 proposed changes to the Public Lands Proclamation 21 and proposals for public hunts on State Park lands 22 during the 2000-2001 season. 23 The first portion of this 24 presentation deals with the changes to the Public 25 Lands Proclamation. This first proposal for . 67 1 change would promote youth participation in 2 hunting on Parks and Wildlife public hunting lands 3 by lowering from 21 to 18 years the minimum age at 4 which young adults may supervise youth. Our legal 5 staff advised that the age of majority in Texas 6 for signing legal contracts is 18. Therefore, a 7 person 18 years of age may assume legal 8 responsibility for the liability of a youth. 9 Another recommended change would 10 authorize holders of an annual hunting public 11 permit, a limited public use permit or one of the 12 Texas Conservation Passports, to use our public 13 hunting lands to access adjacent public waters and 14 to fish in those adjacent public waters from the 15 bank of public hunting lands. Presently, our 16 regulation require people to have a $40 annual 17 public hunting permit only for this activity. 18 COMMISSIONER HEATH: What's the 19 economic impact of that, Herb? 20 MR. KOTHMANN: The economic impact 21 of that would be to possibly sell a few less 22 annual hunting permits. Hopefully, we would 23 stimulate the sale of Texas Conservations 24 Passports. 25 COMMISSIONER HEATH: What do we see . 68 1 as the potential downside of the number of 2 permits? What kind of numbers are you talking 3 about? 4 MR. KOTHMANN: The $40 permit, this 5 year we're selling approximately 38,000 total of 6 the $40 annual public hunting permits. 7 COMMISSIONER HEATH: So the risk is 8 38,000 times $40? 9 MR. KOTHMANN: Times $40, yes. 10 COMMISSIONER HEATH: Well, let me 11 wait till Andy gets back, and then we can comment 12 on that. 13 MR. KOTHMANN: Okay. 14 Another proposal would remove the 15 current provisions for hunting small game and 16 feral hog on U. S. Forest Service lands under a 17 $10 limited public use permit. Staff is 18 recommending that this proposal be withdrawn at 19 the request of the U. S. Forest Service, which has 20 requested additional time to evaluate the impact 21 upon public users. This is a current provision 22 applicable only to the five U. S. Forest Service 23 units under our public hunting program. 24 Everywhere else, hunting activity on our lands 25 requires the $40 permit. . 69 1 Another proposal would establish an 2 anterless-deer permit to regulate the harvest of 3 anterless deer during the general season on those 4 five U. S. Forest Service WMAs, where hunting 5 where hunting is managed by this agency. The 6 existing Parks and Wildlife permit, such as 7 LAMPs, the managed lands deer permit, and 8 anterless deer control permit, are not suitable to 9 meet this need. Plans are that the U. S. Forest 10 Service would distribute these permits through a 11 drawing system to people who possess a $40 annual 12 public hunting permit. Therefore, it would not 13 cost the Department any additional staff time, 14 and we do not anticipate charging a fee for these 15 anterless permits. 16 Another proposal would waive any 17 applicable regular or daily permit fees for people 18 who participate in authorized nonconsumptive 19 activities under any one of the four annual 20 permits. Those would be the $40 annual public 21 hunting permit, the $10 limited public use permit, 22 the $25 TCP or $50 TCP. A similar waiver of the 23 regular and daily permit fees currently is in 24 place for our consumptive users. This would 25 simply put our nonconsumptive users' activities on . 70 1 par with our consumptive users. 2 COMMISSIONER HEATH: Herb, can we 3 just go back to that issue or -- 4 MR. KOTHMANN: Yes, sir. 5 COMMISSIONER HEATH: -- just 6 clarify those numbers for the Commission on those 7 permits? 8 MR. KOTHMANN: Okay. This year, we 9 are issuing approximately 38,000 $40 annual public 10 hunting permits and approximately 2500 limited 11 public use permits that provide access to public 12 hunting lands. This proposal would allow access 13 through those lands to adjacent public waters, 14 which presently is not allowed under the 15 additional $10 TCP and the $50 TCP; and also 16 would allow fishing from the bank in adjacent 17 public waters under any of those four permits, 18 where previously the $40 was the only thing that 19 allows that. 20 MR. GRAHAM: Commissioner, if I 21 understood your question, it would be trying to 22 get at what would be the impact of not requiring 23 the annual public hunt permits for those people 24 who are principally interested in nonconsumptive, 25 and that would be a lot less than 38,000. I don't . 71 1 know that we could actually track that number, but 2 I'd bet it would be 500 or less. So the impact 3 would not be the 38,000. It would be much, much 4 smaller than that. 5 MR. KOTHMANN: I would not 6 anticipate a negative impact revenuwise. 7 COMMISSIONER HEATH: Yes. I'm 8 sorry, but I think at least a couple of us here 9 thought we were talking about 38,000 permits at 10 $40 a whack. I was just double-checking my zeros, 11 and that was a million and a half dollars. 12 MR. KOTHMANN: Right. 13 COMMISSIONER HEATH: I just wanted 14 to be sure that number was right. So we're 15 talking about less than a thousand permits in -- 16 MR. SANSOM: I'd say probably a lot 17 less than that, but we can't give you a hard 18 number. I agree with Herb's assessment. The 19 fiscal impact would be miniscule, if any. 20 COMMISSIONER HEATH: Okay. So this 21 may be a $10,000 impact or a $20,000, assuming 22 there's not an offset against that in the sale of 23 other revenue-producing -- 24 MR. KOTHMANN: Not having my 25 soothsayer credentials, I couldn't promise it, but . 72 1 I would not anticipate a negative revenue impact. 2 COMMISSIONER HEATH: Okay. I just 3 wanted to be sure that what it sounded like at 4 first to me is not accurate, and that we're 5 talking about a minimum impact, and we're all in 6 agreement with that. Thank you very much. 7 MR. KOTHMANN: Okay. And in the 8 real world, in effect, what this has done would be 9 clearing up a situation that is relatively already 10 existing where our enforcement officers are 11 recognizing any of these access permits -- 12 COMMISSIONER HEATH: Sure. 13 MR. KOTHMANN: -- as to the 14 pricing. It's an area of gray that we hope to 15 clear up. 16 COMMISSIONER HEATH: Okay. 17 MR. KOTHMANN: Another proposal 18 would specifically prohibit the distribution or 19 removal of wood, rock, gravel, sand, soil, or 20 shell from our Departmental public hunting lands, 21 except as authorized by the Department. The 22 reason we're proposing this is that we have had 23 some problem with some theft of soil in some units 24 and found our rules did not specifically say you 25 could not remove soil without our approval. So . 73 1 we're touching another base here. 2 On the proposal for changes in the 3 Public Lands Proclamation, the Commission was 4 briefed on those on January 20th. You gave 5 permission to publish in The Register, which we 6 did on March 3. The proposals were presented at 7 11 public hearings around the State in February 8 and March. We distributed them via our 9 Departmental news releases. They were posted on 10 our Internet home page. 11 Our summary of public comments to 12 date have been zero. Apparently, things are 13 pretty good out there. 14 The only comments I have received 15 have been primarily from cooperating agencies, 16 that being the U. S. Forest Service, relative to 17 that proposal that we request be withdrawn. 18 The second portion of this 19 presentation deals with the recommendations for 20 public hunts on 42 units of the State Park System 21 during the 2000-2001 season. This is the same 22 number of units, 42, on which public hunts were 23 scheduled last year for the '99-2000 season, when 24 a total of 1838 people participated in the drawn 25 hunts and harvested 932 deer, 101 exotic animals, . 74 1 eight javelina. The turkey hunts and some of the 2 feral hog hunts are still ongoing for the current 3 season. 4 Forty-one of the 42 proposed parks 5 for hunts are the same as last year, and South 6 Llano River would be replacing Dinosaur Valley on 7 that list for the coming year. 8 We would be offering approximately 9 the same number of drawn hunt positions as last 10 year. That would be about 2257. Actually, it's 11 down roughly 141. But that number will vary 12 slightly, depending upon how the computer draws 13 numbers of parties for each of the hunt periods; 14 so roughly about 2200, 2300 drawn hunt positions. 15 We would be offering over 200 youth-only hunt 16 positions, which would up about 25 from last year. 17 I have a series of three slides 18 indicating the names of the 42 units on which 19 public hunts are proposed. I'll try to go through 20 these fairly slowly so that the Commission can 21 look at them. I will read them out briefly for 22 the benefit of the audience: Arroyo Colorado, 23 Atlanta, Big Bend Ranch, Brazos Bend, Brownwood, 24 Bryan Beach, Caddo Lake State Park Wildlife 25 Management Area, Caprock Canyons, Choke Canyon- . 75 1 Callahan, Choke Canyon-North Shore, Colorado Bend, 2 Davis Mountains, Devil's River, Devil's Sinkhole. 3 I've been advised that don't need 4 to read all these, so I'll give you a pause to 5 read the list yourself. I was sort of enjoying 6 it. 7 COMMISSIONER ANGELO: While we're 8 doing that, I have a question about the demand for 9 the permits. How is that running? Does it change 10 from year to year, or what is the level? 11 MR. KOTHMANN: The number of 12 applications has leveled off fairly close at about 13 12 to 13 applications for every drawn hunt 14 position. It reaches obvious exaggerations in 15 both extremes. We have a few areas that are 16 leased to man that you might have one position for 17 every two people that apply. That's the 18 exception. The extreme will be something like our 19 quality deer hunts in South Texas, where we may 20 have 50 positions with over 4,000 people applying. 21 But it averages about one position for every 12 22 or 13 people. 23 COMMISSIONER WATSON: Well, Herb, 24 what does it take to get more state parks 25 involved? . 76 1 MR. KOTHMANN: We are currently 2 offering hunts on about all the suitable sites 3 that we've been able to identify on state park 4 lands and wildlife management areas, in view of 5 other activities that are ongoing out there. On 6 our parks that are developed for other activities, 7 we certainly have to avoid impacting those 8 established park activities. That's why we 9 schedule our hunts on weekdays rather than 10 weekends, avoid holidays, and try to hunt in 11 December and January when our historic park 12 visitation has been lowest out there. We 13 certainly can eke out, I think, some additional 14 opportunity in the area of small game; maybe some 15 squirrel hunting, dove hunting. But I think as 16 far as the obvious choices for deer hunts, exotic 17 hunts, feral hog, javelina, those have been pretty 18 well identiied. 19 COMMISSIONER WATSON: Well, what's 20 the potential of Government Canyon? 21 MR. KOTHMANN: Government Canyon 22 certainly has potential. 23 We did attempt feral hog hunts on 24 Government Canyon several years, with very low 25 hunter success. Since that time, they have gone . 77 1 into contract removal quite successfully to 2 address the feral-hog issue. 3 We did hold some mourning dove 4 hunts on Government Canyon. We found that the 5 suitable spot for dove hunting was a small 6 opening near the entrance, which unfortunately is 7 near where a new subdivision has gone in. And 8 everybody crammed into about a 20, 25-acre 9 opening there and really created a pretty spooky 10 situation, to say nothing of a parking logjam 11 right there. 12 But I think that there certainly 13 might be something in the realm of archery hunts 14 in that type of situation. That certainly would 15 provide opportunity for hunting activity. 16 But unless you want to alter the 17 scene on the ground drastically, I really can't 18 see that Government Canyon is going to be 19 providing a large amount of hunting in the realm 20 of firearms right now. That's just my thought. 21 I'm open to suggestions. 22 MR. GRAHAM: Commissioner, the 23 process is a fairly involved one, where we get 24 staff input from the beginning, both from the 25 Wildlife Division and the State Park Division, in . 78 1 terms of the opportunities and the resource 2 issues. Then that gets processed all way up, and 3 Andy takes a look at it; and so there's a lot of 4 checks and balances along the way. But it starts 5 off from a resource perspective, and we're also 6 looking at it from an opportunity perspective. 7 MR. KOTHMANN: Any more questions 8 on that issue? 9 COMMISSIONER DINKINS: Yes. I have 10 just a comment, rather than a question. I 11 continue to be concerned about not having all the 12 parks in one area to be closed on the same days 13 for public hunting, which I raised with you last 14 year -- 15 MR. KOTHMANN: Right. 16 COMMISSIONER DINKINS: -- when we 17 had this discussion. And I see that sometimes 18 there's a day on either side of a three-day period 19 when one or the other of them will be open or 20 closed, but not both, like Pedernales Falls and 21 Enchanted Rock. 22 But you've got quite a few state 23 parks in that area, going all the way up to 24 Colorado Bend; and I would just urge that you work 25 with the State Park Division to make sure that the . 79 1 publicity gets out as to what parks are closed on 2 what days, and that there be signs posted at the 3 parks also to say, "Please visit these parks in 4 this area," because that falls over the Christmas 5 holidays. And even though it's low visitation, 6 those who may have driven a good piece, never 7 imagining that they would be closed for public 8 hunting, I think, will be quite disappointed. 9 And I just want to be sure that we 10 put the word out that there are other 11 opportunities and that we be cautious about not 12 closing all the parks in one area on the same 13 days. 14 MR. KOTHMANN: Yes, Commissioner 15 Dinkins. We addressed this specific issue at 16 length yesterday at a meeting in San Angelo of 17 Parks and Wildlife staff trying to, in the 18 scheduling process, avoid that overlap of hunt 19 dates in this geographic area through the 20 coordination of all those proposals is developed. 21 Certainly, we need to put out the 22 information. Once that has been, the schedule is 23 set. And as soon as these schedules, if they are 24 approved by the Commission tomorrow, we would have 25 that information in our Park Reservation System . 80 1 that would not accept reservations on those hunt 2 dates on those specific parks. But additionally, 3 we have that information posted on our 4 Departmental home page on the Internet. 5 But possibly some on-the-ground 6 signage needs to be increased out there, giving 7 advance warning that a park will be closed on 8 certain dates. 9 COMMISSIONER DINKINS: That's the 10 day-trippers, not the campers, that I'm concerned 11 with. And I appreciate your efforts on this, 12 because I know it's hard to coordinate all of 13 that. But I think it's important for the part of 14 public that's not going there to hunt. 15 MR. KOTHMANN: I believe every one 16 of those people eventually gets referred to me, so 17 I'm well aware of the complaints. 18 On the State Park Hunt proposals, 19 the initial proposals were developed last fall 20 through the joint efforts of our field staff in 21 State Parks and Wildlife. The Regulations 22 Committee was briefed on January 20th on the 23 proposals. We distributed them via our news 24 releases. They were listed on our home page. 25 They were presented at 11 public hearings. . 81 1 Only one comment on the proposed 2 public hunts on state parks has been received, 3 and that was favorable. It's surprising how the 4 controversy of past years appears to have been 5 largely set to rest. Hopefully, that will be a 6 good sign and continue. 7 The favorable comment was from an 8 adjacent landowner to Devil's River State Park, 9 who expressed support for the hunts. He said, 10 "You're at least keeping the deer moving. You 11 know, they don't go reside on you until the season 12 is over. You're acting like all the other 13 property owners in the Hill Country now." But 14 that was pleasing. 15 The proposals were recently 16 reviewed and confirmed by all of the concerned 17 Park Superintendents, because it has been about 18 five months since they were initially developed, 19 to let us know that yes, they are still valid. 20 The Commission approval of the 21 proposals is required in order to be proceed with 22 implementation of the hunts. I will be presenting 23 three motions, if Regulations Committee authorizes 24 us to go the Commission. 25 One would be to approve the . 82 1 proposals for changes in the Proclamation. 2 One would be to approve the 3 proposed state park hunts. 4 And then we would be asking the 5 Commission to approve a hunting season on 6 Departmental public hunting lands, to run from 7 September 1 of 2000 to August 31 of 2001. You'd 8 need to open the season before we can hold any of 9 these hunts. 10 But, Madam Chairman, that 11 concludes my presentation. Do you have any 12 questions? 13 COMMISSIONER IDSAL: Herb, are we 14 going to need three individual motions on these? 15 MR. KOTHMANN: There will be three 16 motions listed. I would say that you could vote 17 on them simultaneously as Motions 1, 2, and 3. 18 That works for me. 19 COMMISSIONER RYAN: So moved. 20 COMMISSIONER IDSAL: Second? 21 COMMISSIONER AVILA: Second. 22 COMMISSIONER IDSAL: All in favor? 23 COMMISSION MEMBERS: Aye. 24 COMMISSIONER IDSAL: All opposed? 25 (No response, and motion carries . 83 1 unanimously.) 2 ITEM NO. 6 - BRIEFING - TRIPLE T PROGRAM 3 (TRANSPORTATION AND IMPORTATION) - (CANCELED). 4 ITEM NO. 7 - ACTION - PROPOSED EXOTIC SPECIES 5 RULES. 6 COMMISSIONER IDSAL: Item No. 7, 7 Proposed Exotic Species Rules; Joedy Gray. 8 MR. GRAY: Good morning, Madam 9 Chair and Committee members. 10 COMMISSIONER IDSAL: Good morning. 11 MR. GRAY: My name is Joedy Gray, 12 and I'm a Staff Support Specialist for the Inland 13 Fisheries Division. 14 Staff is proposing amendments 15 concerning the harmful or potential harmful exotic 16 fish and aquatic plant rules. These amendments 17 are intended to simplify the permitting process. 18 The first proposed amendment will 19 provide permits for removal of prohibited plant 20 species from public waters. Currently, operators 21 of mechanical harvesters have to obtain a research 22 permit in order to remove prohibited species such 23 as water hyacinth and hyrilla from public waters. 24 This amendment will allow them to obtain a permit 25 without having to write a research proposal. . 84 1 The second proposed amendment will 2 allow operators of wastewater treatment facilities 3 to possess permitted exotic fish species, provided 4 they are used for water treatment purposes only. 5 The third amendment will require 6 permitees that import, transport, transfer, or 7 sell Triple A grass carp to submit annual reports 8 instead of quarterly reports. 9 And, finally, the scientific name 10 for several penaeid shrimp species referred to 11 throughout the rules will be corrected to reflect 12 the change in nomenclature. 13 Staff is requesting the Regulations 14 Committee's approval to publish the proposed 15 amendments in The Texas Register for public 16 comment. And I'll answer any questions. 17 COMMISSIONER IDSAL: Any questions? 18 Do you want a motion for approval? 19 And this will be a candidate for the Consent 20 Agenda. Do we have a motion? 21 MR. DUROCHER: This is just to 22 publish it. 23 MR. GRAY: This is just to publish 24 it in The Register. 25 COMMISSIONER IDSAL: Oh, I am so . 85 1 sorry. I thought you were asking for a motion. I 2 apologize. 3 Do we need a motion to publish? 4 Okay. We need a motion to publish. 5 COMMISSIONER HENRY: That's what 6 I'll move. 7 COMMISSIONER RYAN: And I'll 8 second. 9 COMMISSIONER IDSAL: Okay. All in 10 favor? 11 COMMISSION MEMBERS: Aye. 12 COMMISSIONER IDSAL: Opposed? 13 (No response, and motion carries 14 unanimously.) 15 ITEM NO. 8 - ACTION - 2000-2001 MIGRATORY GAMEBIRD 16 PROCLAMATION. 17 COMMISSIONER IDSAL: Item No. 8, 18 2000-2001 Migratory Game Bird Proclamation; Vernon 19 Bevill. 20 MR. GRAHAM: Madam Chairman, I'm 21 Gary Graham, Director of the Wildlife Division. 22 Vernon is unfortunately ill today, and so I've 23 asked Jay Roberson to present today's proposal. 24 COMMISSIONER IDSAL: Good morning. 25 MR. ROBERSON: Good morning. Madam . 86 1 Chairman, Commissioners, ladies and gentlemen, my 2 name is Jay Roberson. I'm Wildlife Program Leader 3 in the Migratory Wildlife Program. I will be 4 presenting the Wildlife Division's proposed 5 regulation changes for migratory game birds for 6 this coming year. This is an Action Item, and 7 we're requesting your approval to publish these 8 proposed migratory game bird rules in The Texas 9 Register for the required public comment period. 10 In June we'll be coming back to 11 you, seeking approval to adopt those season dates 12 and bag limits for those species that begin 13 hunting in September; and then in August we're 14 coming back to you for adoption for those species 15 that begin hunting after that date, including the 16 ducks and geese. 17 We have four proposed changes that 18 we'd like to discuss with you this morning. Two 19 of those were included your Draft Proclamation in 20 your Commission briefing document. 21 Two others have resulted from 22 discussions and actions of the Flyway Councils 23 last week in Chicago and were received too late to 24 include in your briefing document. These include 25 a delay in the standard teal season opening date . 87 1 by six days; adjustment of the goose zone 2 boundaries to forego loss of hunting opportunity 3 because of the special light goose conservation 4 action; and a possible extension of the closing 5 date for the duck season in the North and South 6 Zones; and, finally, to extend the area open for 7 sandhill crane hunting along the mid and lower 8 Gulf Coast. Of course, all of these changes are 9 contingent U. S. Fish and Wildlife Service 10 approval at their Regulations Meeting in late 11 June. 12 With regard to teal, our standard 13 opening date for the 16-day season that we've had 14 recently has been the second Saturday in 15 September; so that would be, for this fall, 16 September 9th through the 24th. However, we're 17 proposing a change and a delay in that by six 18 days, to open that on Friday, September 15th, and 19 run it through Saturday, September 30th. 20 Our data indicate higher teal 21 numbers and hunter success, the later in September 22 that we open that season; and that's due primarily 23 to an influx of green-winged teal. 24 We also find, in those years when 25 the hunting season begins later in September, . 88 1 higher hunter participation and higher total teal 2 harvest. 3 With regard to goose zone boundary 4 changes, Federal regulations currently do not 5 allow waterfowl or crane hunting during the 6 special light goose conservation action. This 7 action must begin before the regular goose seasons 8 end to effectively reduce light goose or light 9 geese in Texas. As a result, the dark geese 10 seasons have been shortened by about a week. 11 This reduces dark goose hunting opportunity in 12 North Central Texas, of course, where we have a 13 few light geese during this period. 14 We've received several comments 15 from goose guides and hunters in this area 16 requesting a continuation of hunting of dark geese 17 during this period. The Central Zone will allow 18 the action to begin later than in the Western and 19 Eastern Zones and provide more hunting 20 opportunity. 21 So the specific dates for the light 22 goose season that we're proposing are really 23 basically no change from last year in the Western 24 and Eastern Zones, but the new portion of the 25 Central Zone will begin a week later. . 89 1 Of course, since we know we're 2 going to have a conservation action or a 3 conservation season this coming year, we can 4 adjust our regular goose seasons to take advantage 5 of it and to provide maximum hunting opportunity. 6 We propose that in the Western Zone 7 that the regular goose season start a week 8 earlier -- that is, October 21st instead of 9 October 28th -- and thus it would end a week 10 earlier. This would still allow a maximum of 107 11 days. Bag limits would remain unchanged from 12 last year. 13 In the Central Zone, we propose no 14 change from last year in season dates. We propose 15 the start of the conservation action after the 16 dark season ends on February 11th. This would 17 still allow a maximum of 107 days. 18 In the Eastern goose zone, last 19 year the season dates ended the second Sunday in 20 February. This year we propose to open the 21 special light goose conservation season the day 22 after the duck season closes in order to have the 23 greatest impact on snow geese. This will mean the 24 closing of the regular goose season on January 25 21st. For Canada geese, this means a reduction in . 90 1 the total season days from 95 to 86, or a 2 reduction of nine days. This reduction in hunting 3 opportunity is necessary in order to address the 4 larger habitat conservation issues resulting from 5 snow goose overpopulation. 6 Now, with regard to duck season 7 framework dates, recently three or four Flyway 8 Councils have had some discussion with the U. S. 9 Fish and Wildlife Service requesting both earlier 10 and later framework closing dates. Specifically 11 with regard to closing dates, there was discussion 12 of being allowed to close the season on the Sunday 13 nearest January 25th. Last year it was on 14 January 23rd. 15 We have received several comments 16 in the past, particularly from the North Zone 17 duck hunters, wanting to extend that season to 18 allow them to take mallards and other 19 late-arriving species later into January. 20 We would like to obtain public 21 comment on this proposal in case it is approved by 22 the U. S. Fish and Wildlife Service at their June 23 Regulations Meeting. 24 With regard to sandhill crane 25 hunting zone boundaries, we are proposing the . 91 1 opening of two areas in yellow along the coast 2 that have been previously closed in Federal 3 frameworks. Data now indicates, from research 4 that we have done here in Texas, a higher 5 population of greater sandhill cranes than 6 previously estimated. There is sufficient 7 population size, we think, to sustain the 8 additional hunting pressure. 9 The area in between, around Aransas 10 National Wildlife Refuge, we propose to remain 11 closed for the protection of whooping cranes. 12 We propose a three-bird bag limit 13 in that area that, if the Service agrees, will be 14 rolled into Zone C. If it's less than three, we 15 may ask your permission to create a separate zone 16 out of that. 17 All other changes proposed are 18 simply due to calendar shift. Therefore, we 19 request your adoption of this motion to allow us 20 to publish the appropriate sections in The Texas 21 Register for the required public comment period. 22 Thank you, and that concludes my 23 presentation. 24 COMMISSIONER ANGELO: With respect 25 to the Central goose zone, what's the reason for . 92 1 holding it to one white-front goose there? I know 2 the population of white-fronts in that area has 3 gotten a lot heavier in the last few years. 4 MR. ROBERSON: Of course, we have 5 to deal with the Federal Government on those, and 6 I think that's a requirement. 7 COMMISSIONER ANGELO: Federal 8 requirement? 9 MR. ROBERSON: Right. Following 10 your charges, we're taking the maximum allowed in 11 the Federal parameters. We're not restricting 12 them at any points. 13 COMMISSIONER ANGELO: I wonder if 14 anybody is really looking at that. Have we done 15 anything to see what we think about the 16 white-front population in that area. 17 MR. GRAHAM: In the past, we've had 18 staff that really have been deeply engaged in that 19 issue and have consistently maximized the 20 opportunity within Texas. We didn't have a staff 21 there specifically addressing that issue, although 22 Vernon is always on top of it. So although I 23 haven't spoken to him specifically about that, I'm 24 sure that he was there pressing for that increased 25 opportunity. . 93 1 COMMISSIONER ANGELO: He and I 2 visited about that before, too. 3 MR. GRAHAM: Right. 4 COMMISSIONER IDSAL: Okay. I'm 5 going to need a motion to publish the proposed 6 regulations in The Texas Register for public 7 comment. Do I have a motion? 8 COMMISSIONER WATSON: I so move. 9 COMMISSIONER IDSAL: A second? 10 COMMISSIONER AVILA: Second. 11 COMMISSIONER IDSAL: All in favor? 12 COMMISSION MEMBERS: Aye. 13 COMMISSIONER IDSAL: All opposed? 14 (No response, and motion carries 15 unanimously.) 16 MR. ROBERSON: Thank you. 17 COMMISSIONER IDSAL: Is there any 18 other business? We'll move to the Finance 19 Committee, then. 20 COMMISSIONER AVILA: Can we have a 21 five- or ten-minute break? 22 COMMISSIONER IDSAL: We're going to 23 take a five- or ten-minute break. 24 (BRIEF PAUSE IN PROCEEDINGS) 25