Texas Parks and Wildlife Commission
Public Hearing

August 2000 Commission Meeting

Committee and Public Hearing Synopsis Reports

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ITEM 1: BRIEFING – Chairman’s Charges

ITEM 2: ACTION – Trap, Transport, and Transplant

Presenter: Dr. Jerry Cooke

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item could be eligible for consent agenda.

This item seeks adoption of proposed changes to the regulations governing the trapping, transport, and transplantation of game animals and game birds.

The proposed changes include:

• A minimum release provision, eliminating on-site inspection of the release site for all releases of less than one deer to 200 acres

• A provision requiring the removal of antlers of deer transported between February 10 and March 31, unless the both the trap site and the release site are owned by the same person

• Notification requirements stipulating the notification of law enforcement personnel not less than 24 nor more 48 hours before commencement of activities governed by the regulations

• Creation of a daily activity log

• New reporting requirements

• Marking requirements for trailers and vehicles used to transport deer

ITEM 3: ACTION – 2000-2001 Shrimp Management Proclamation

Presenter: Hal Osburn

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item is not eligible for consent agenda.

Staff will present the suite of proposed regulations concerning harvest of shrimp from Texas bays and the Texas Territorial Sea, and proposed increases to selected commercial fishing and business licenses to supplement management and enforcement of commercial fishing in Texas as published in the Texas Register on July 14, 2000 (25 TexReg 6666-6686). Since public comments will continue to be submitted to staff between the printing of this briefing document and the Committee meeting, staff will present an updated compilation of constituent comments at the August 30 meeting.

Summary of the proposed amendments as published in the Texas Register:

General Shrimping Rules

• Require the use of bycatch reduction devices (BRDs) in all shrimp trawls except commercial bait shrimp trawls and recreational trawls. §58.160 (e)
• Require the use of turtle excluder devices (TEDs) in all Gulf shrimp trawls except those under specified widths and those without mechanical retrieval devices. §58.160 (f)

Shrimping In Outside Waters (Commercial and Recreational)

• Establish a Northern Shrimp Zone from the Corpus Christi Fish Pass Jetties to Texas-Louisiana Border. §58.102 (17)
• The Northern Shrimp Zone will be closed to shrimping at night all year from the shoreline out to 5 nautical miles. §58.161 (d)(2); §58.165 (b)(1)(A)
• out to 5 nautical miles) from the period December 16 through February 1 to the period December 1 through February 15. §58.161 (d)(4); §58.165 (b)(1)(D)
• Increase maximum trawl size requirements for harvesting of seabobs from 25 feet to 34 feet in width as measured between the doors. §58.161(d)(5)(D)(i)
• Set the mesh size for commercial seabob trawls at Establish a Southern Shrimp Zone from the Corpus Christi Fish Pass Jetties to the Texas-Mexico border. §58.102 (27)
• The Southern Shrimp Zone will be closed to shrimping all year, night and day, from the shoreline out to 5 nautical miles. §58.161 (d)(1); §58.165 (b)(1)(B)
• Limit Gulf trawls within the Northern Shrimp Zone (from zero to 5 nautical miles) to a total width of 130 feet, as measured from back of door along the corkline to back of door, with a single trawl not to exceed 65 feet in width, as measured from back of door along the corkline to back of door. §58.161 (a)(5)
• Allow no more than 2 trawls to be fished at one time in the Northern Shrimp Zone (the shoreline out to 5 nautical miles). §58.161 (a)(4)
• Increase the duration of the winter closed season in the Northern Shrimp Zone (the shoreline 1-1/3 inches. §58.161 (d)(5)(D)(ii)
• Allow shrimping for seabobs in the Southern Shrimp Zone outside 5 nautical miles. §58.161 (d)(5)(E)
• Allow electro-trawls in outside waters beyond 5 nautical miles. §58.161 (a)(3)

Shrimping In Inside Waters (Commercial and Recreational)

• Increase the amount of nursery area closed to shrimping from a previous total of 12% of the bay waters coastwide to 18%. §58.102 (3) and (16)
• Increase the bait bay area from a previous total of 34% of the bay waters to 39%. §58.102 (3) and (16)

Shrimping In Inside Waters (Commercial and Recreational Bait Shrimping)

• Increase the duration of the commercial baitfish season by one month from the period June 1 through September 30 to the period May 1 through September 30, and repeal the expiration provision. §58.160 (g)(1)(B)(ii); §58.160 (g)(1)(B (ii)(II)
• Eliminate the "50% live" provision for commercial bait shrimp fishing. §58.164 (c)(2)
• Eliminate the "no size limit" rule for shrimp caught under a commercial bait shrimping license and establish a minimum count-size limit of 100 heads-on shrimp per pound. §58.164(d); §58.165 (d)(5)

Shrimping In Inside Waters (Commercial and Recreational Bay Shrimping)

Spring Open Season

• Increase the minimum mesh size requirements for commercial bay trawls from 1-1/3 inches to 1-1/2 inches. §58.163 (b)(5)(D)
• Eliminate the "no size limit" rule for shrimp caught under a commercial bay shrimping license and establish a minimum count-size limit of 100 heads-on shrimp per pound. §58.163 (b)(4); §58.165 (c)(2)(D)
• Fall Open Season
• Decrease the length of the fall open season by 15 days from August 15 through December 15 to August 15 through November 30. §58.163 (c)(1); §58.165 (c)(3)(A)
• Eliminate the present mesh size of 1-1/3 inches after October 31 in commercial bay trawls and set the minimum mesh size for entire proposed fall season at 1-3/4 inches (August 15 through November 30). §58.163 (c)(5)(C)(iii)
• Winter Open Season
• Allow a limited winter open season in bays north of the Colorado with legal shrimping hours being 1 a.m. to 30 minutes before sunrise. §58.163 (d)(2)(B)
• Increase the minimum mesh size requirements for commercial bay trawls from 1-1/3 inches to 1-1/2 inches. §58.163 (d)(5)(D)

General Amendments

Addition of the following definitions to facilitate law enforcement and reduce confusion:

• Accelerator funnel. §58.102 (2)
• Bycatch Reduction Device (BRD). §58.102 (6)
• Centerline. §58.102 (7)
• Cod end (tailbag). §58.102 (9)
• Tailbag (cod end). §58.102 (28)
• Turtle Excluder Device (TED). §58.102 (30)

General measurement definitions to facilitate law enforcement and reduce confusion:

• Functional tailbag length. §58.160 (d)(5)
• TED length. §58.160 (d)(6)

License Fee Increases

• resident commercial gulf shrimp boat (type 330)— from $275 to $375
• resident commercial bay shrimp boat (type 336)— from $195 to $290
• resident commercial bait-shrimp boat (type 337)— from $195 to $290
• nonresident commercial gulf shrimp boat (type 430)— from $1,025 to $1125
• nonresident commercial bay shrimp boat (type 436)— from $525 to $625
• nonresident commercial bait-shrimp boat (type 437)— from $525 to $625

• resident commercial bay shrimp boat license transfer (type 366)- - …..from $195 to $290
• resident commercial bait-shrimp boat license transfer (type 367)— from $195 to $290
• nonresident commercial bay shrimp boat license transfer (type 466)—.. from $195 to $290
• nonresident commercial bait-shrimp boat license transfer (type 467)— …..from $195 to $290

• retail fish dealer's (type 302)— from $46 to $70

• retail fish dealer's truck (type 316)— from $86 to $130
• wholesale fish dealer's (type 314)— from $525 to $625
• wholesale fish dealer's truck (type 315)— from $325 to $425
• bait shrimp dealer's (type 335)— from $115 to $170

Staff will request permission to forward the proposed regulations to the Full Commission for consideration for adoption.

ITEM 4: ACTION – Threatened and Endangered Species Regulations

Presenter: John Herron

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item could be eligible for consent agenda.

This item seeks adoption of proposed modifications to the Department’s lists of threatened and endangered species to be consistent with federal actions and commission policy. The item also amends existing regulations governing the possession and propagation of threatened and endangered species to eliminate conflicts and inconsistencies with respect to residents and nonresidents.

This item will:

• Add to the list of threatened species the Arkansas river shiner (Notropis girardi) and Cagle’s map turtle (Graptemys caglei) being considered for federal listing.
• Remove the Concho water snake (Nerodia paucimaculata) from the list of threatened species
• Remove the jaguar (Panthera onca) from the list of threatened species
• Add the Pecos sunflower (Helianthus paradoxus) to the list of threatened plants
• Remove the McKittrick pennyroyal (Hedeoma apiculatum) from the list of threatened plants
• Add the Zapata bladderpod (Lesquerella thamnophila) to the state list of endangered plants
• Remove the Lloyd's hedgehog cactus (Echinocereus lloydii) from the list of endangered plants
• Eliminate permit, inspection, and reporting requirements for persons in possession of threatened species formerly listed as state-endangered
• Require persons in possession of threatened species to possess proof that the specimen(s) were lawfully purchased.
• Require all captive specimens of threatened species to be permanently marked.
• Standardize the applicability of regulations governing threatened and endangered species

ITEM 5: ACTION – Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item could be eligible for consent agenda.

This item apprises the committee of anticipated developments in the federal regulatory process and amends the Migratory Gamebird Proclamation to:

• Create a new Central Goose Zone to allow full-length dark-goose seasons in north-central Texas prior to the opening of the special conservation season

• Adjust season dates to account for calendar shift

• Establish the special conservation season for snow geese

FINANCE COMMITTEE

August 30, 2000

ITEM 1: BRIEFING – Chairman’s Charges

ITEM 2: ACTION – FY2001 Operating and Capital Budgets and Texas Parks and

Wildlife Investment Policy

Presenter: Suzy Whittenton

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item is not eligible for consent agenda.

This item will provide the Finance Committee with a financial review for the year to day FY2000:

• Update on Account 9, Game, Fish and Water Safety and Account 64, State Parks:

- Focus on the sale of hunting and fishing licenses, boat registration and titling fees, and state park fees

• Updated budget and expenditure information

• FY2001 operating, capital and grant budget:

• Appropriation, cash limits as well as program issues in budget development

• The Agency’s Legislative Appropriations Request: covering exceptional items included in the agency’s FY2002-2003 budget reques

• Request Commission’s approval of the annual investment policy as required by Chapter 2256 of the Texas Government Code

- The investment policy will continue the current policy of direct investment of eligible funds and the emphasis on safety of principal and liquidity

- The Commission is required to readopt this policy, with or without modifications each year.

Note: This item will be mailed under separate cover prior to the meeting.

ITEM 3: ACTION – Grants

- Local Park Funding

- Boat Ramp Funding

- National Recreational Trail Fund Grants (Statewide)

- Target Range Program

Presenter: Tim Hogsett

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: These items could be eligible for consent agenda.

These items propose action to:

• Provide Local Park Funding

- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of local park sites

- TPW received 47 applications requesting $17, 366,366 in matching fund assistance

• Staff recommends support of 15 projects in the amount of $6,913.206

• Provide Boat Ramp Funding

- Make grants from the federal Sport Fish Restoration account to local governments for the development of new boat ramps

- TPW received 4 applications requesting $1,297,250 in matching fund assistance

• Staff recommends support of all 4 projects in the amount of $1,297,250

• Award National Recreational Trail Fund Grants

• Target Range Program -Funding for shooting range projects totaling $100,000 from Pittman-Robertson Act:

- Bexar County Shooting Range $60,500

- South Plains Gun Club $39,500

ITEM 4: ACTION – TPW Facility Transfers

o Old Fort Parker

o Lubbock Lake Landmark

o Jim Hogg

o Grand Saline

Presenter: Walt Dabney

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item could be eligible for consent agenda.

This item proposes action to effect the transfer of three Texas Parks and Wildlife facilities to other government entities for ownership and operation. It also proposes grant agreements from the Texas Recreation and Parks Account for improvements and short term operations subsidies as part of the transfers. Sites being proposed include:

• Lubbock Lake Landmark State Historical Park- transfer to Texas Tech University

- $407,608 improvements and operations fiscal year 2000

- $275,000 operations fiscal year 2001

• Jim Hogg State Historical Park- transfer to the City of Rusk

- $160,400 repairs and improvements

• Old Fort Parker State Historical Park- transfer to the City of Groesbeck

- $497,450 improvements and repairs

- $81,250 operations

Also the Department will pay the City of Grand Saline $38,000 from State Park Account 064 to end the operations cost relationship at The Grand Saline Salt Palace.

ITEM 5: ACTION – Contract Dispute Resolution

Presenter: Judy Doran

ACTION: Committee consideration for presentation to full Commission in Public Hearing. This item is also located in the Public Hearing Synopsis report. CONSENT: This item could be eligible for consent agenda.

This item proposes the adoption of rules establishing provisions for resolution for contract disputes, required by Government Code, Chapter 2260, Section 2260.05(2)c:

This item will:

• Set out procedures for administration of dispute resolution, mediation and other resolution of contractor’s claims

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PUBLIC HEARING SYNOPSIS REPORTS

Thursday, August 31, 2000

ACCEPTANCE OF GIFTS

RETIREMENT CERTIFICATES AND SERVICE AWARDS

PRESENTATION – MIDWEST FISH AND GAME OFFICER OF THE YEAR

Staff: Jim Robertson

PRESENTATION – DONATION OF $10,000 FROM CROSS TIMBERS CHAPTER OF QUAIL UNLIMITED

Staff: Ron George

APPROVAL OF AGENDA - Chairman Bass

ITEM 1: ACTION - Consent Agenda Items

ITEM 2: ACTION – Local Park Funding

Presenter: Tim Hogsett

ACTION: Commission consideration for adoption.

This item proposes action to:

• Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of local park sites
• As of January 31, 2000 TPW received 47 applications requesting $17, 366,366 in matching fund assistance
• Staff is recommending support of 15 projects in the amount of $6,913.206

ITEM 3: ACTION – Boat Ramp Funding

Presenter: Tim Hogsett

ACTION: Commission consideration for adoption.

This item proposes action to:

• Make grants from the federal Sport Fish Restoration account to local governments for the development of new boat ramps
• As of January 31, 2000 TPW received 4 applications requesting $1,297,250 in matching fund assistance
• Based on available funds the staff is recommending support of all 4 projects in the amount of $1,297,250

ITEM 4: ACTION – National Recreational Trail Fund Grants (Statewide)

Presenter: Andy Goldbloom

ACTION: Commission consideration for adoption.

This item proposes action to:

• Award National Recreational Trail Grants. These funds must be obligated to projects by the end of federal fiscal year September 30, 2000

ITEM 5: ACTION – Target Range Program

Presenter: Steve Hall

ACTION: Commission consideration for adoption.

This item proposes action to:

• Fund two shooting range projects totaling $100,000 from federal funds (Pittman-Robertson Act):

- Bexar County Shooting Range $60,500

- South Plains Gun Club $39,500

ITEM 6: ACTION – Proposed 2000-2001 Shrimp Management Proclamation

Presenter: Hal Osburn

ACTION: Commission consideration for adoption.

Staff will present to the Commission the suite of proposed regulations concerning harvest of shrimp from Texas bays and the Texas Territorial Sea, and proposed increases to selected commercial fishing and business licenses to supplement management and enforcement of commercial fishing in Texas as published in the Texas Register on July 14, 2000 (25 TexReg 6666-6686). Since public comments will continue to be submitted to staff between the printing of this briefing document and the Committee meeting, staff will present an updated compilation of constituent comments at the August 30 meeting.

Summary of the proposed amendments as published in the Texas Register:

General Shrimping Rules

• Require the use of bycatch reduction devices (BRDs) in all shrimp trawls except commercial bait shrimp trawls and recreational trawls. §58.160 (e)
• Require the use of turtle excluder devices (TEDs) in all Gulf shrimp trawls except those under specified widths and those without mechanical retrieval devices. §58.160 (f)

Shrimping In Outside Waters (Commercial and Recreational)

• Establish a Northern Shrimp Zone from the Corpus Christi Fish Pass Jetties to Texas-Louisiana Border. §58.102 (17)
• The Northern Shrimp Zone will be closed to shrimping at night all year from the shoreline out to 5 nautical miles. §58.161 (d)(2); §58.165 (b)(1)(A)
• Establish a Southern Shrimp Zone from the Corpus Christi Fish Pass Jetties to the Texas-Mexico border. §58.102 (27)
• The Southern Shrimp Zone will be closed to shrimping all year, night and day, from the shoreline out to 5 nautical miles. §58.161 (d)(1); §58.165 (b)(1)(B)
• Limit Gulf trawls within the Northern Shrimp Zone (from zero to 5 nautical miles) to a total width of 130 feet, as measured from back of door along the corkline to back of door, with a single trawl not to exceed 65 feet in width, as measured from back of door along the corkline to back of door. §58.161 (a)(5)
• Allow no more than 2 trawls to be fished at one time in the Northern Shrimp Zone (the shoreline out to 5 nautical miles). §58.161 (a)(4)
• Increase the duration of the winter closed season in the Northern Shrimp Zone (the shoreline out to 5 nautical miles) from the period December 16 through February 1 to the period December 1 through February 15. §58.161 (d)(4); §58.165 (b)(1)(D)
• Increase maximum trawl size requirements for harvesting of seabobs from 25 feet to 34 feet in width as measured between the doors. §58.161(d)(5)(D)(i)
• Set the mesh size for commercial seabob trawls at 1-1/3 inches. §58.161 (d)(5)(D)(ii)
• Allow shrimping for seabobs in the Southern Shrimp Zone outside 5 nautical miles. §58.161 (d)(5)(E)
• Allow electro-trawls in outside waters beyond 5 nautical miles. §58.161 (a)(3)

Shrimping In Inside Waters (Commercial and Recreational)

• Increase the amount of nursery area closed to shrimping from a previous total of 12% of the bay waters coastwide to 18%. §58.102 (3) and (16)
• Increase the bait bay area from a previous total of 34% of the bay waters to 39%. §58.102 (3) and (16)

Shrimping In Inside Waters (Commercial and Recreational Bait Shrimping)

• Increase the duration of the commercial baitfish season by one month from the period June 1 through September 30 to the period May 1 through September 30, and repeal the expiration provision. §58.160 (g)(1)(B)(ii); §58.160 (g)(1)(B (ii)(II)
• Eliminate the "50% live" provision for commercial bait shrimp fishing. §58.164 (c)(2)
• Eliminate the "no size limit" rule for shrimp caught under a commercial bait shrimping license and establish a minimum count-size limit of 100 heads-on shrimp per pound. §58.164(d); §58.165 (d)(5)

Shrimping In Inside Waters (Commercial and Recreational Bay Shrimping)

Spring Open Season

• Increase the minimum mesh size requirements for commercial bay trawls from 1-1/3 inches to 1-1/2 inches. §58.163 (b)(5)(D)
• Eliminate the "no size limit" rule for shrimp caught under a commercial bay shrimping license and establish a minimum count-size limit of 100 heads-on shrimp per pound. §58.163 (b)(4); §58.165 (c)(2)(D)
• Fall Open Season
• Decrease the length of the fall open season by 15 days from August 15 through December 15 to August 15 through November 30. §58.163 (c)(1); §58.165 (c)(3)(A)
• Eliminate the present mesh size of 1-1/3 inches after October 31 in commercial bay trawls and set the minimum mesh size for entire proposed fall season at 1-3/4 inches (August 15 through November 30). §58.163 (c)(5)(C)(iii)
• Winter Open Season
• Allow a limited winter open season in bays north of the Colorado with legal shrimping hours being 1 a.m. to 30 minutes before sunrise. §58.163 (d)(2)(B)
• Increase the minimum mesh size requirements for commercial bay trawls from 1-1/3 inches to 1-1/2 inches. §58.163 (d)(5)(D)

General Amendments

Addition of the following definitions to facilitate law enforcement and reduce confusion:

• Accelerator funnel. §58.102 (2)
• Bycatch Reduction Device (BRD). §58.102 (6)
• Centerline. §58.102 (7)
• Cod end (tailbag). §58.102 (9)
• Tailbag (cod end). §58.102 (28)
• Turtle Excluder Device (TED). §58.102 (30)

General measurement definitions to facilitate law enforcement and reduce confusion:

• Functional tailbag length. §58.160 (d)(5)
• TED length. §58.160 (d)(6)

License Fee Increases

• resident commercial gulf shrimp boat (type 330)— from $275 to $375
• resident commercial bay shrimp boat (type 336)— from $195 to $290
• resident commercial bait-shrimp boat (type 337)— from $195 to $290
• nonresident commercial gulf shrimp boat (type 430)— from $1,025 to $1125
• nonresident commercial bay shrimp boat (type 436)— from $525 to $625
• nonresident commercial bait-shrimp boat (type 437)— from $525 to $625

• resident commercial bay shrimp boat license transfer (type 366)- - …..from $195 to $290
• resident commercial bait-shrimp boat license transfer (type 367)— from $195 to $290
• nonresident commercial bay shrimp boat license transfer (type 466)-… from $195 to $290
• nonresident commercial bait-shrimp boat license transfer (type 467)— …..from $195 to $290

• retail fish dealer's (type 302)— from $46 to $70

• retail fish dealer's truck (type 316)— from $86 to $130
• wholesale fish dealer's (type 314)— from $525 to $625
• wholesale fish dealer's truck (type 315)— from $325 to $425
• bait shrimp dealer's (type 335)— from $115 to $170

ITEM 7: ACTION – Threatened and Endangered Species Regulations

Presenter: John Herron

ACTION: Commission consideration for adoption.

This item seeks adoption of proposed modifications to the Department’s lists of threatened and endangered species to be consistent with federal actions and commission policy. The item also amends existing regulations governing the possession and propagation of threatened and endangered species to eliminate conflicts and inconsistencies with respect to residents and nonresidents.

This item will:

• Add to the list of threatened species the Arkansas river shiner (Notropis girardi) and Cagle’s map turtle (Graptemys caglei) being considered for federal listing.
• Remove the Concho water snake (Nerodia paucimaculata) from the list of threatened species
• Remove the jaguar (Panthera onca) from the list of threatened species
• Add the Pecos sunflower (Helianthus paradoxus) to the list of threatened plants
• Remove the McKittrick pennyroyal (Hedeoma apiculatum) from the list of threatened plants
• Add the Zapata bladderpod (Lesquerella thamnophila) to the state list of endangered plants
• Remove the Lloyd's hedgehog cactus (Echinocereus lloydii) from the list of endangered plants
• Eliminate permit, inspection, and reporting requirements for persons in possession of threatened species formerly listed as state-endangered
• Require persons in possession of threatened species to possess proof that the specimen(s) were lawfully purchased.
• Require all captive specimens of threatened species to be permanently marked.
• Standardize the applicability of regulations governing threatened and endangered species

ITEM 8: ACTION – Trap, Transport, and Transplant

Presenter: Dr. Jerry Cooke

ACTION: Commission consideration for adoption.

This item seeks adoption of proposed changes to the regulations governing the trapping, transport, and transplantation of game animals and game birds.

The proposed changes include:

• A minimum release provision, eliminating on-site inspection of the release site for all releases of less than one deer to 200 acres

• A provision requiring the removal of antlers of deer transported between February 10 and March 31, unless the both the trap site and the release site are owned by the same person

• Notification requirements stipulating the notification of law enforcement personnel not less than 24 nor more 48 hours before commencement of activities governed by the regulations
• Creation of a daily activity log

• New reporting requirements
• Marking requirements for trailers and vehicles used to transport deer

ITEM 9: BRIEFING – 2000-2001 Statewide Hunting Forecast

Presenter: Dr. Jerry Cooke

ACTION: Commission review and discussion.

This item briefs the Commission on the status of game animal and game bird populations in the state. This item will:

• Offer staff expectations on the quality of hunting to be expected in various parts of the state during the 2000-2001 hunting seasons
• Pronghorn antelope are at a 30-year low in the Trans-Pecos
• Most other species should be at least average over most of Texas.

ITEM 10: ACTION – Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

ACTION: Commission consideration for adoption.

This item apprises the Commission of anticipated developments in the federal regulatory process and amends the Migratory Gamebird Proclamation to:

• Create a new Central Goose Zone to allow full-length dark-goose seasons in north-central Texas prior to the opening of the special conservation season

• Adjust season dates to account for calendar shift

• Establish the special conservation season for snow geese

ITEM 11: BRIEFING – Expo IX

Presenter: Ernie Gammage

ACTION: Commission review and discussion.

This item will provide an overview of the 2000 Texas Wildlife Expo to the Commission, including major activities and presentations.

ITEM 12: ACTION – FY01 Operating and Capital Budgets and Texas Parks and Wildlife Investment Policy

Presenter: Suzy Whittenton

ACTION: Commission consideration for adoption.

This item will provide the Commission with a financial review for the year to day FY2000:

• Update on Account 9, Game, Fish and Water Safety and Account 64, State Parks:

- Focus on the sale of hunting and fishing licenses, boat registration and titling fees, and state park fees

- Updated budget and expenditure information

• FY2001 operating, capital and grant budget:

- Appropriation, cash limits as well as program issues in budget development

• The Agency’s Legislative Appropriations Request: covering exceptional items included in the agency’s FY2002-2003 budget request

• Request Commission’s approval of the annual investment policy as required by Chapter 2256 of the Texas Government Code

- The investment policy will continue the current policy of direct investment of eligible funds and the emphasis on safety of principal and liquidity

- The Commission is required to readopt this policy, with or without modifications each year.

Note: This item will be mailed under separate cover prior to the meeting.

ITEM 13: ACTION – TPW Facility Transfers

Presenter: Walt Dabney

ACTION: Commission consideration for adoption.

This item proposes action to effect the transfer of three Texas Parks and Wildlife facilities to other government entities for ownership and operation. It also proposes grant agreements from the Texas Recreation and Parks Account for improvements and short term operations subsidies as part of the transfers. Sites being proposed include:

• Lubbock Lake Landmark State Historical Park- transfer to Texas Tech University

- $407,608 improvements and operations fiscal year 2000

- $275,000 operations fiscal year 2001

• Jim Hogg State Historical Park- transfer to the City of Rusk

- $160,400 repairs and improvements

• Old Fort Parker State Historical Park- transfer to the City of Groesbeck

- $497,450 improvements and repairs

- $81,250 operations

Also the Department will pay the City of Grand Saline $38,000 from State Park Account 064 to end the operations cost relationship at The Grand Saline Salt Palace.

ITEM 14: ACTION – Contract Dispute Resolution

Presenter: Judi Doran

ACTION: Commission consideration for adoption.

This item proposes the adoption of rules establishing provisions for resolution for contract disputes, required by Government Code, Chapter 2260, Section 2260.05(2)c:

• Set out procedures for administration of dispute resolution, mediation and other resolution of contractor’s claims

ITEM 15: ACTION – Land Acquisition – Brewster County

Presenter: Jack Bauer

ACTION: Commission consideration for adoption.

Land acquisition of three inholding tracts totaling 1890 acres from 3 landowners within the Black Gap Wildlife Management Area is recommended to facilitate public use, access and provide high quality sheep habitat as part of a long-term facility improvement strategy:

• Funding is recommended through "Foundation for North American Wild Sheep" revenue generated from the auction of sheep hunt permits funds and FY00 Land Conservation Program capital budget funds authorized to acquiring inholdings at the Black Gap in FY00

• No additional operating funds will be needed since the property can be managed with existing staff

ITEM 16: ACTION – Land Acquisition – Anderson County

Presenter: Jack Bauer

ACTION: Commission consideration for adoption.

Land acquisition of 147 acres of high quality bottomland hardwood habitat as an addition to Big Lake Bottom WMA:

• Funding is recommended through the non-TPW wetland mitigation program with the Fort Worth Corps of Engineers and Nature Conservancy of Texas
• Should the COE disapprove use of mitigation funds, revenue from the sale of the Pelton estate property is recommended

• No additional operating funds will be needed since the property can be managed with existing staff

ITEM 17: ACTION – Property Partition – Anderson County (Big Lake Bottom WMA)

Presenter: Jack Bauer

ACTION: Commission consideration for adoption.

This item recommends the Commission approval of a TPW request to the Office of the Attorney General to initiate the procedural steps for partitioning of property ownership of three tracts at Big Lake Bottom WMA. This action is recommended following approval by the Commission in June 1999 to purchase all remaining undivided interests from willing sellers. Few of these owners were interested in selling:

• This is the only practical solution ensuring a reasonable level of control to manage the facility for the benefit of the resources and the public
• Funding for anticipated court costs associated with this partition action is recommended through Land Conservation Program FY99 capital acquisition budget for purchase of undivided interests at Big Lake Bottom WMA
• Staff has coordinated fully with the AG’s Office in making these recommendations
• A majority of undivided interest landowners support this action as a method of reducing conflict and improving law enforcement on the facility

ITEM 18: ACTION – Land Donation – World Birding Center – Cameron County

Presenter: Gary Graham

ACTION: Commission consideration for adoption.

This item recommends the Commission approval for the acquisition of 4 parcels of land near the WBC’s visitor center in Mission:

• The WBC will be a complex of regional educational and birding sites located throughout the Valley, creating a world-class birding destination
• The WBC will feature a variety of exhibits and urban wildlife programs making it the gateway for birding
• The WBC main visitor’s center and headquarters are to be located at Bentsen-Rio Grande Valley State Park near Mission
• As part of the site plan, Bentsen Palm Development, Inc. and the City of Mission have agreed to donate four parcels of land, totaling 176 acres

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