Texas Parks and Wildlife Commission
Annual Public Hearing
August 30, 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 30th day of August, 2000, there came on to be 9 heard matters under the regulatory authority of 10 the Parks and Wildlife Commission of Texas, in 11 the Commission Hearing Room of the Texas Parks 12 and Wildlife Headquarters Complex, Austin, 13 Texas, beginning at 1:46 p.m. to wit: 14 15 APPEARANCES: 16 THE PARKS AND WILDLIFE COMMISSION: Chairman: Lee M. Bass 17 Ernest Angelo, Jr. Carol E. Dinkins 18 Dick W. Heath Nolan Ryan 19 John Avila, Jr. Alvin L. Henry 20 Katharine Armstrong Idsal Mark E. Watson, Jr. 21 THE PARKS AND WILDLIFE DEPARTMENT: 22 Andrew H. Sansom, Executive Director, and other personnel of the Parks and Wildlife Department 23 24 25 ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 2 1 AUGUST 30, 2000 2 3 CHAIRMAN BASS: Good afternoon. I'd 4 like to apologize for starting this session 5 slightly later than -- than scheduled. Afraid 6 we were -- got running behind from this morning 7 and have yet to catch up. 8 Mr. Sansom, would you read our opening 9 statement, please. 10 MR. SANSOM: Mr. Chairman, members, a 11 public notice of this meeting and all items on 12 the proposed agenda has been filed in the 13 office of the Secretary of State as required by 14 Chapter 551 of the Government Code. This is 15 referred to as the Open Meetings Law, and I 16 would like for the action to be noted in the 17 official record of the meeting. 18 Ladies and gentlemen, we welcome all of 19 you here today. As you know, this is our 20 annual public meeting in which you are free to 21 appear before the Commission and speak on any 22 subject related to Parks and Wildlife that 23 concerns you and we're very, very anxious to 24 hear your comments and -- and pleased that you 25 have taken the time to be with us today. The ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 3 1 Chairman, Mr. Bass, is in charge of the meeting 2 and I, as usual, will be kind of assisting him 3 as sergeant at arms. I want to make sure to 4 everyone understands that we've got sign-up 5 cards out front, and if you want to speak, you 6 will have had to have signed a sign-up card 7 because he will call the names from those cards 8 one at a time. 9 Each person will be allowed to speak from 10 the podium here before me, and when name is 11 called, please come forward, state your name, 12 who you represent, if someone other than 13 yourself. 14 In order to move the meeting along, I'm 15 certain that the Chairman will also probably 16 call the next person in line, and if you would 17 come to the back of the room so that you can 18 move quickly, then that will be considerate of 19 other people and move it along. 20 Each person who will -- who wants to 21 address the Commission today will have three 22 minutes to speak, and I will keep time using 23 this traffic clock, which will notify you when 24 the light turns yellow that your three minutes 25 are about to be up, but when it's red, your ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 4 1 time is up, and I would ask that you resume 2 your seat so that others may speak. 3 If a Commissioner asks you a question, 4 that will not count against you. Your time may 5 be extended if you are questioned. If they 6 discuss something along themselves, that time 7 will be not be counted against you either. 8 I ask that you be courteous to the other 9 members of the audience, to our staff, and to 10 the members of the Commission. We don't 11 tolerate here statements that are strictly 12 argumentative or critical of others. We want 13 you to stay on the subject. We know it's an 14 issue that is concern to you, otherwise you 15 wouldn't be here. 16 If you have items that you would -- have 17 in writing that you would like to add to the 18 record, please give them to Ms. Estrada here on 19 my right and she will distribute them to the 20 Commission. 21 Once again, welcome to our annual public 22 meeting and thank you-all for coming and we 23 look forward to hearing your comments today. 24 CHAIRMAN BASS: Thank you, 25 Mr. Sansom. As -- As Andy pointed out, we'll ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 5 1 ask each of you to limit your comments to three 2 minutes. If you can do it in less time than 3 that, that's -- that's obviously, I think, 4 going to be in all of our -- our benefit. If 5 everyone uses three minutes, we're going to be 6 here till 6:30 or seven o'clock because that's 7 how many people have signed up. And somebody's 8 going to be first and someone's going to be 9 last, and that's just -- that's just the way it 10 is, and I apologize to whoever ends up being 11 last, but it's -- it's going to be luck of the 12 draw. 13 And now, I would also ask that if any of 14 you have cell phones, would you please turn 15 them off because it is disruptive to have them 16 ringing during the -- during the hearings, and 17 we don't need any things to -- to distract us 18 from trying to keep the flow going. We do want 19 to hear what everyone has to say. We 20 appreciate people coming in here today and 21 being willing to talk to us about things that 22 are -- that are on their mind. 23 And with that said, I'm going get -- get 24 things going and just grab some names and -- 25 and off we'll go, and please -- please be as ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 6 1 expedient as possible when you're the next 2 speaker of approaching the microphone. 3 And I will also ask that, you know, 4 this -- this is not a -- a game show or a TV 5 show, so there's no need for applause, booing, 6 audience participation. We're here to hear 7 what everyone has to say, and if you agree with 8 it, you'll have an opportunity to say so when 9 you have your time to speak. If you disagree 10 with it, you'll have the same opportunity, so 11 you know, we -- we don't need to cheering 12 sections or -- or any of that. 13 First person I'd like to call is Bill West 14 from the Guadalupe -- Guadalupe Blanco River 15 Authority and ask Jerry Norris to be prepared 16 to speak next. 17 MR. WEST: Mr. Chairman, members of 18 the Commission, thank you very much for the 19 opportunity to address you today. I'm Bill 20 West from the Guadalupe Blanco River 21 Authority. I have three quick comments that I 22 would like to make, one associated with aquatic 23 vegetation management, the second associated 24 with a Senate Bill 1 planning process, and then 25 the third possibility of some joint projects ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 7 1 between GBRA and -- and the Commission. 2 First, in terms of aquatic vegetation 3 management, I know that is not a new topic for 4 you. GBRA has -- has participated in the 5 development of the guidance document and 6 proposed rules, and I want to thank the 7 Commission and staff for their efforts. We 8 understand and in the process that the staff 9 will be available to review our respective 10 plans and approve those plans, but I would 11 simply like to request that the motr and 12 Wildlife stay in the business with those of us 13 that deal with that on a daily basis. Texas 14 motr and Wildlife have the staff and the 15 expertise to deal with this issue, and the 16 river authorities and other water districts 17 need that partnership to continue that effort. 18 We cannot do it alone and do it by ourself. 19 We realize that there is a funding issue 20 and we realize that the next coming legislative 21 session that that will be an issue and we will 22 be there to help see that additional funds will 23 be available for motr and Wildlife and 24 associated with this effort. 25 Another point there with aquatic ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 8 1 vegetation management, the liability cap 2 associated with that arena remains to be an 3 issue. 4 Second point is that of Senate Bill 1 5 planning process. Parks and Wildlife have had 6 representatives participating in each of the 16 7 plans that have been developed across the state 8 that will be folded into one state water plan 9 and now that that planning process has been 10 completed and the plans will be put together 11 for the final state plan, those of us involved 12 in implementation of those plans will begin our 13 work and I would simply request that as we 14 start the work of implementation of some of 15 those options in the Senate Bill 1 planning 16 process that the motr and Wildlife staff be 17 there at the table to assist us as we work on 18 those projects to develop water supplies for 19 the state. Many of those options along the 20 Texas Gulf Coast will be associated with 21 in-stream flows and bay and estuary issues, and 22 we request that the motr and Wildlife staff be 23 there with us working on those projects as we 24 try to bring those to fruition. 25 MR. SANSOM: Thank you, Mr. West. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 9 1 MR. WEST: The third -- Is that the 2 time? I'm sorry. 3 Thank you. 4 CHAIRMAN BASS: Jerry Norris. 5 And John Jefferson, if you'd be prepared 6 to speak next. 7 Thank you, Mr. West. 8 MR. NORRIS: Hello. My name is 9 Jerry Norris and I live in Port Arthur, Texas, 10 and I thank the Commission for the opportunity 11 to bring a very important issue of conservation 12 before you today. Sabine Lake is a 13 saltwater-bordered lake with Louisiana. We 14 have a reciprocal license agreement that allows 15 fishermen from both states to fish each state's 16 waters. The agreement is a licensing 17 agreement, not a size and bag limit agreement. 18 In the State of Texas, we have bag limits on 19 trout, redfish, and flounder that differ 20 greatly from Louisiana. We have limits that 21 are based on biological data gathered by the 22 Texas motr and Wildlife that are more 23 conservative than Louisiana. For example, 24 Louisiana has speckled trout limit of 25 fish, 25 12 inches. Texas bag limits are 10 fish, ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 10 1 15 inches. Based on data, Texas set the limit 2 to trout to help establish a healthy population 3 that will have recruitment from year to year. 4 This has worked all along the Texas coast in 5 every bay system. 6 The problems on Sabine Lake are as 7 follows: A fisherman can leave Texas docks and 8 go anywhere in Sabine System, Texas or 9 Louisiana and fish, then return to a Texas dock 10 with fish that do not meet Texas size and bag 11 limits, but are legal in Louisiana. Texas 12 wardens cannot always establish if the fish 13 were caught in Texas or Louisiana, so the 14 benefit of the doubt is given to the 15 fishermen. The fish may or may not have been 16 caught in Louisiana, and many times are not, 17 but the wardens have to see the actual 18 violation has it occurs. This is a monumental 19 task given the large areas they have to cover. 20 What we're experiencing now, fishermen are 21 catching and keeping more trout that do not 22 meet Texas regulations. With this in mind, I 23 would like to remind everyone that Texas has 24 been the undisputed leader in conservation. I 25 would hope that we can continue to be the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 11 1 leader. 2 I'm here today with the solution to this 3 problem on Sabine. And the reason I am here is 4 in an effort of conservation of our state's 5 resources. I have a petition with me with 600 6 names on it of individuals who are 7 conservation-minded fishermen who fish in 8 Sabine and are concerned about the fish 9 stocks. These people that have signed this 10 petition are in favor of the following 11 petition. The petition reads as follows, and I 12 would at this time like to submit this into the 13 record. We the undersigned do hereby petition 14 the State of Texas, Texas Parks and Wildlife to 15 write into law that all Speckletrout, flounder, 16 and 17 Red drum that are landed in the counties of 18 Jefferson and Orange of the state of Texas are 19 to be within the size and bag limits of the 20 State of Texas. The reasons for this are to 21 allow juvenile fish of these three species to 22 be allowed the ability to spawn and reproduce 23 before removal by fishermen. Based on 24 biological data fish that do not meet Texas 25 regulations are not allowed to reproduce in a ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 12 1 manner that would allow for a viable resource. 2 Also, law enforcement efforts will be greatly 3 enhanced by the new laws and will allow 4 officers to enforce Texas size and big limits. 5 And also I have some packets for each 6 one -- 7 CHAIRMAN BASS: If you'd just leave 8 them with the -- Ms. Estrada there at the 9 desk. I appreciate it. Thank you very much. 10 John Jefferson and Dave Moldal are -- if you'd 11 be prepared to speak next. 12 MR. JEFFERSON: Thank you, 13 Mr. Chairman, Members of the Commission. I'm 14 John Jefferson. I'm an outdoor writer. And 15 with dove season opening Friday, let me be the 16 first to wish you happy new year. Ms. Estrada 17 is distributing some pictures that I'd like for 18 you-all to see. They're photographs of 19 eight-year-old Sarah Smith from Rockport, 20 Texas. She's a lifetime hunting and fishing 21 license member winner. She won the license 22 through the Wildlife Expo Poster contest last 23 year. It's been my privilege for the last, 24 well, for other eight of the last nine years to 25 be one of the judges for the poster, essay, and ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 13 1 poetry contest. The Outdoor Writers' 2 Association with Texas has judged this contest 3 and we saw several things that's kind of 4 concerned us. One, it looked like teachers 5 were using this just as a time filler at the 6 end of school and we would get literally 30 7 entries from one class from kids who may or may 8 not have any interest at all in winning such a 9 license, and a lot of times their entries 10 reflected it. This took up a lot of our 11 judging time. We have a panel of 8 or 9 judges 12 and it took us eight or nine hours to judge all 13 those. We also realize that the publicity of 14 the contest didn't reach sportsman's group, 15 conservation groups, 4-H clubs, Boy Scouts, 16 Girl Scouts, groups that might have people who 17 were really interested in winning such a 18 license. 19 We discussed this with the staff and some 20 changes were made and publicity was improved 21 and the -- the rules were changed, and overall, 22 we felt that the entries recently have 23 reflected that we are getting applications from 24 kids who are interested in the contest and not 25 just because their teacher said they had to ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 14 1 complete a project. 2 Before these, the applications were 3 prepared this year, though the rules were 4 changed. A question came up about whether to 5 continue giving the lifetime hunting and 6 fishing license. I opposed eliminating that as 7 one of the prizes because I felt like this 8 would be viewed as the Commission and 9 Wildlife Expo backing away from support of 10 hunting and fishing. I felt that the hunters 11 and fishermen and the outdoor press would 12 oppose this, and the contacts that the 13 Commission received after the prize was 14 eliminated pretty much support that. And I 15 also felt that increased interest in the number 16 of kids who really wanted this was improving. 17 So I hope that next year the license will again 18 be offered unequivocally. It's offered this 19 year, I understand, after the contacts from the 20 press as an alternative prize. I hope you'll 21 offer it unequivocally. 22 Sarah Smith that you're looking at there 23 is one of the recipients who does appreciate 24 it. She doesn't just appreciate it, believe 25 me, she cherishes it. When we started out on ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 15 1 the boat the day I took the picture, she asked 2 her father, Daddy, will a game warden check us 3 so I can show him my license? And I think 4 it's -- it started her down a path that could 5 well lead her to becoming one of the -- 6 MR. SANSOM: Thank you, 7 Mr. Jefferson. 8 MR. JEFFERSON: Thank you. 9 CHAIRMAN BASS: Excuse me. Dave 10 Moldal and Stephen Labuda, Jr., if you'll be 11 prepared to speak next. 12 MR. MOLDAL: Chairman Bass, 13 Commissioners my name is Dave Moldal. I 14 represent the Gulf States Regional Office of 15 the National Wildlife Federation. We're the 16 nation's largest member support conservation 17 organization with more than 4 million members 18 nationwide, some 46,000 here in Texas. I'm 19 here today to call attention to the issue that 20 my pose the single greatest threat to fish and 21 wildlife in Texas over the next 50 years. 22 That's the availability of water. As leaders 23 of the state agency responsible for the 24 management and conservation of the natural and 25 cultural resources of Texas you know better ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 16 1 than anyone the degree to which the survival of 2 our fish and wildlife species depends on 3 healthy terrestrial and aquatic ecosystems. 4 As our state population grows to an 5 estimated 40 million people by 2050, the 6 pressure on our water resources will increase 7 to the point where species, habitat, and entire 8 ecosystems will be at risk. 9 The Texas legislature recognized the need 10 for long-term water planning in 1997 when they 11 enacted Senate Bill 1. At this point, 16 12 regional planning bodies appointed by the Texas 13 Water Development Board under Senate Bill 1 14 have released for public comment draft regional 15 plans to meet regional water needs through 16 2050. 17 Though Senate Bill 1 requires that water 18 plans make appropriate provision for 19 environmental water needs and for the effect of 20 upstream development on the bays and estuaries 21 and arms of the Gulf of Mexico, we are deeply 22 concerned that they do not -- that they not do 23 so in any meaningful fashion. In some draft 24 plans, there is no evidence that environmental 25 water needs have even been considered let alone ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 17 1 provided for. We have attended meetings at 2 which citizens were told that Texas motr and 3 Wildlife and the Texas Water Development Board 4 would take care of these issues. 5 We are aware that the Texas Parks and 6 Wildlife Department staff will comment on the 7 regional water plans this fall and we hope 8 those comments will send a clear message that a 9 failure to plan for meeting the water needs of 10 fish and wildlife resources is unacceptable. 11 Environmental water needs are not well 12 understood by the general public and may not be 13 a priority for planners concerned about meeting 14 long-term human consumptive needs, but they 15 cannot be ignored. If the 50-year state water 16 plan does not provide for the water needs of 17 the environment, Texans will lose not just 18 wildlife and habitat, but significant 19 recreational and economic opportunities as 20 well. We urge the Commission and Department 21 staff to assign this issue the highest priority 22 and to ensure that the Department takes 23 advantage of every opportunity to communicate 24 the importance of water issues to the people of 25 Texas. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 18 1 Thank you for your continued efforts to 2 protect our natural heritage and preserve 3 it -- preserve it for generations to come. 4 Thank you. 5 CHAIRMAN BASS: Thank you. Stephen 6 Labuda. And David Langford, if you'd be 7 prepared to speak next. 8 MR. LABUDA: Good afternoon, ladies 9 and gentlemen. Thank you for letting me be 10 here today. I did provide copies of my written 11 comments that I hope will be distributed to 12 you. My name is Stephen Labuda, Jr., and I am 13 a Texas native I've been working for the 14 U.S. Fish and Wildlife Service here in Texas 15 for 24 years, and presently I'm located down at 16 the Laguna Atascosa National Wildlife Refuge in 17 Cameron County. I'm not a fisheries biologist, 18 or a turtle specialist. I have experience with 19 terrestrial vertebrates and ecology basically. 20 And I'm here to inform the Commission and 21 Director of TEXAS PARKS AND WILDLIFE COMMISSION 22 of two issues on the Laguna Atascosa Refuge 23 that may impact shrimp and fish populations on 24 the lower coast. These two issues are (1) the 25 reflooding of Bahia Grande on the recently ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 19 1 acquired Redhead Ridge Unit of Laguna Atascosa 2 Refuge, and (2) an effort to move shrimp and 3 fish past a constructed water-control dam and 4 into a previously important estuary on the 5 refuge. 6 Preliminary investigations of Bahia Grande 7 have disclosed that providing sea from the 8 Brownsville ship channel through a narrow 9 channel will flood approximately 4,000 acres at 10 mean low tide, and roughly 5,000 acres at mean 11 high tide. This re-flooding will re-establish 12 a productive marine nursery that has been dry 13 since the ship channel was first dug in the 14 early 1930's. This project is being developed 15 with a number of cooperators, including the 16 National Marine Fisheries Service, Ducks 17 Unlimited, the Texas Shrimp Industry, Texas 18 Parks and Wildlife Department and others. I've 19 attached a two-page announcement of the history 20 and intended work on Bahia Grande that I'd ask 21 you to refer to for further information on this 22 project. 23 Secondly, in cooperation with industry 24 academia and the state agricultural extension 25 service, the Laguna Atascosa refuge has ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 20 1 developed a plan to move shrimp, fish, and 2 other biota from the Lower Laguna Madre into 3 the Atascosa System. The plan is to move 4 estuarine creatures from the downstream side of 5 the dam on the refuge and into the Cayo 6 Atascoso a meandering, estuarine waterway, and 7 the Laguna Atascosa itself, a large brackish 8 lake that the Cayo flows into and out of. I 9 have also attached a refuge map that shows this 10 particular estuarine system. The particulars 11 of this project entail pumping fish, shrimp, 12 and other marine creatures through periods of 13 high rainfall, when there's a surging runoff 14 into the Arroyo Colorado from the Atascosa 15 System. The pump is being provided by the 16 Texas Shrimp Industry, and is specifically 17 designed not to damage biota and they pass 18 through the pump. Again this project is the 19 result of cooperation and consultation with the 20 Texas Shrimp Industry: Les Hodgson, the Texas 21 Agricultural Extension Service (Marine): Tony 22 Reisinger, and University of Texas Marine 23 Laboratory on South Padre Island: Don 24 Hockaday. These two projects together will 25 provide 8,000 to 10,000 additional acres of ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 21 1 estuarine waters for the production of various 2 fisheries species. Of ancillary value will be 3 the benefit to duck, shorebirds, and wading 4 birds, and other resident and migratory 5 wildlife species. 6 Thank you for allowing you to provide you 7 with this information. 8 CHAIRMAN BASS: Thank you. 9 Appreciate the information. 10 Mr. Langford, if you'd come forward and 11 ask David Stewart to be prepared to speak 12 next. 13 MR. LANGFORD: Thank you, 14 Mr. Chairman, Members of the Commission and 15 Staff. I am David Langford, Texas Wildlife 16 Association, and is my usual every time this 17 year, I like to wish a happy anniversary to 18 Mr. Sansom and myself who got our jobs at the 19 same time. He's still doing better than me. I 20 still want to -- I would like to commend the 21 Commission and the staff and once again, 22 enumerate a lot of the things that didn't exist 23 in 1990: The Texas Big Game Awards, the Texas 24 Youth Hunting Program, Lone Star Land Steward's 25 Program, Landowner Incentive Plan, the New ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 22 1 Managed Lands Deer Permit, the New Trap and 2 Transplant Newly Revised Permit, the Private 3 Lands Advisory Committee, the brand new Hunting 4 Advisory Committee, the Leasing of Public 5 Hunting Opportunities, Expo. The list could go 6 on. Most significantly, I would like to 7 commend the Department and the Commission and 8 the Staff for recognizing in those ten years 9 that there's a difference between landowners. 10 There's landowners that give and landowners 11 that take. So from those landowners that give, 12 we appreciate being involved and we appreciate 13 the cooperative spirit evident as all of us 14 were a part of creating all of these things and 15 everything else that I haven't mentioned that's 16 new and look forward to continue working with 17 you -- with you-all on these programs and on 18 developing new ones. One thing -- one new 19 thing I would like to put a plug in again this 20 year for, I still think there's room for a 21 lifetime nonresident hunting and fishing 22 license. There's probably not much revenue 23 there to pick up, but I still get phone calls 24 about that all the time. 25 I'd like to thank you again for this ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 23 1 opportunity and it's probably my only official 2 time before the microphone to wish Mr. Bass and 3 Mr. Ryan and Mr. Heath well, since I don't know 4 what we're going to do without you-all up there 5 at the -- sitting at those desks. 6 Thank you again, and I'd like to -- I'd 7 like to close with one comment. It's -- I 8 think it's kind of interesting that I come and 9 follow Steve Labuda from the Fish and Wildlife 10 Service. That's kind of like the fox following 11 the master of the hunt. 12 CHAIRMAN BASS: Dave Stewart and 13 Larry Pressler, if you be prepared to speak 14 next. 15 MR. STEWART: Chairman Bass, 16 Commissioners, Andy, I'm David Stewart, I'm 17 president of an organization called SMART. 18 You-all have seen us in the last couple of 19 years in the public meeting and I just wanted 20 to make a really a very simple 21 less-than-three-minute statement. 22 Chairman Bass, my organization appreciates 23 every one of you commissioners and Andy all of 24 staff with the cooperation, and when we've 25 started working together the last two years on ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 24 1 certain vegetation issues and we appreciate 2 everything that you-all have done. I just 3 wanted you to know that. 4 Our -- Our last letter in our name is a T 5 and that stands for "team" and we feel today 6 that we have become a team where two years ago 7 we were adversaries. I just want to thank you 8 very much. 9 CHAIRMAN BASS: Good. We -- 10 That's -- That's what we strive for 11 relationships to be is partnerships and teams 12 even if we don't always see eye to eye, and -- 13 and it's nice to see it's working in some 14 places. 15 MR. STEWART: In my opinion, it's 16 working very well, Chairman Bass. Thank you 17 again. 18 CHAIRMAN BASS: Thank you. 19 And Lee Stone, if you'd be prepared to 20 speak after Mr. Pressler. 21 MR. PRESSLER: What a lead-in. 22 Mr. Chairman, distinguished members of the 23 Commission, my name is Larry Pressler. I'm the 24 director of Parks and Recreation for the City 25 of McAllen. I'm also the chairman of the Texas ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 25 1 Recreation and Parks Society Legislative 2 Commission -- Committee. And I come before you 3 today also to tell you how much we appreciate 4 Texas motr and Wildlife working with our 5 organization. We're 2,000 members strong now 6 and represent the leadership organization for 7 municipal, county, governments. We have a lot 8 of Texas motr and Wildlife employees as members 9 of the Texas Recreation and Parks Society. 10 And over the past several years, we have formed 11 a bond with Texas Parks and Wildlife that I 12 think is second to none in the United States. 13 I don't know of any other parks and recreation 14 organization and fish and game organization in 15 any state that's as strong as the one that we 16 have here. 17 My message is a little bit different in 18 that we want to thank you for the partnership 19 that we have been allowed to develop because 20 you have allowed us to develop that together. 21 This has allowed us to build on this system of 22 parks, not just the parks system in the state, 23 but the system that we have together. There's 24 about 122 state parks and natural areas and 25 historic areas in the state park system, but ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 26 1 there's somewhere around 5,500 or probably 2 closer to 6,000 by now city and county parks in 3 the state that make up this comprehensive 4 system of parks throughout the state of Texas. 5 It couldn't be done without the Parks and 6 Wildlife Commission and we want to -- we just 7 want you to know that we really appreciate this 8 relationship. 9 One of the most important partnerships 10 that we have to be with TRAPS and Parks and 11 Wildlife is this series of grant programs 12 that's administered through your agency. 13 Together we've proven the funding must be 14 viewed in a comprehensive context instead of 15 state versus city and county. TRAPS and Texas 16 Parks and Wildlife have worked side by side to 17 ensure that Texas residents have a positive, 18 meaningful outdoor recreation experience. 19 Texas Recreation and Parks' account has 20 been very instrumental in providing seed money 21 for those city and county parks throughout the 22 state. Without this seed money, it wouldn't 23 happen. The money that motr and Wildlife 24 grants through the recreation park account 25 stimulates these things that are matched one, ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 27 1 two, and three times over with in-kind 2 services. It might just be providing a backhoe 3 along with it, but the seed money that you-all 4 grant is so important to cities like mine that 5 we just can't thank you enough for that. 6 The ongoing co-op program, it's a 7 wonderful partnership that gives inner city 8 traditionally underserved youth a chance to 9 have life-changing experiences in state parks 10 and natural areas. 11 And finally, we want to thank you for 12 allowing the people of the Rio Grande Valley 13 the opportunity to start developing an 14 ecotourism industry. The World Birding Center 15 project is a tough project. And a bunch of 16 these folks here on this row here join us down 17 there, and Andy's down there every few months 18 to help us. It's a -- it's a difficult project 19 to get going, but we're almost there, and we 20 really thank you for taking the lead in helping 21 Texas to stimulate this ecotourism business 22 down in the Valley. 23 Thank you. Andy. 24 CHAIRMAN BASS: Thank you, 25 Mr. Pressler. Lee Stone. And Casey Durst, if ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 28 1 you'd be prepared to speak next. 2 MS. STONE: Hello. My name is Lee 3 Stone and I'm member of the board of directors 4 of the Native Prairies Association of Texas, 5 and I'm here to speak for that organization and 6 for our state's native grasslands and 7 savannahs. 8 Point one, last year we paid for and 9 completed a resurvey of the 60-some-odd 10 occurrences of tall grass blackland prairie 11 noted on this department's database. We 12 determined ownership, appraised values and 13 when -- when we could, we provided information 14 on conservation easements. In doing that and 15 in doing a separate survey of Falls County 16 southeast of Waco, we have found there are more 17 tall grass prairie remnants than have been 18 reported. We are a small nonprofit with no 19 staff, but now we are now nickeling and diming 20 more county-by-county surveys for tall grass 21 prairie. At the rate we're going, it will take 22 us about ten years to finish, so we are seeking 23 partnerships and funds to help us move this 24 project along more expeditiously and we hope 25 that you'll consider this work to be of the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 29 1 utmost importance and to partner with us. 2 Point two. Not to hurt my feelings, but 3 speaking for a membership which appreciates and 4 recognizes good quality native grasslands and 5 savannahs, most of the acreage in the state's 6 motr and Wildlife Management areas is in 7 pathetic condition. It is scuffy, overbrowsed, 8 underburned, and under -- undermanaged, and 9 resource management needs are not being met. 10 And I want to mention here that we do have 11 200 members who would be very glad to volunteer 12 and help. 13 Point three. There are only a paultry few 14 kinds of grasses and forbs native available 15 commercially and these are in extremely short 16 supply as most of you know already and there's 17 scarcely any of it from plants originated in 18 the locality of the areas being restored. 19 State Parks and Wildlife Management areas 20 could be vitally important local ecotype seed 21 sources for their surrounding regions if 22 managed properly, and TPWD could further help 23 this situation by contracting when they're 24 doing restorations for local ecotype seeds for 25 the restoration of their parks and wildlife ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 30 1 management areas. This would help drive and 2 support a statewide native seeds industry, 3 which could, in turn help conserve and expand 4 our dwindling native plant resources. 5 Thank you. 6 CHAIRMAN BASS: Thank you, 7 Ms. Stone. 8 Casey Durst. And Joseph Kovac, if you'd 9 be prepared to speak next. 10 MR. DURST: Good morning, everybody, 11 Chairman Bass, members of the Texas Parks and 12 Wildlife Board, and Mr. Sansom. My name is 13 Casey Durst, I'm 14 years old, and I go to 14 Arlington High School, and I'm a junior 15 shooter. I am representing myself. 16 Every night on record, the news talks 17 about problems facing kids, mostly teenagers. 18 I'm proud to say that, at least for me, I'm not 19 having those problems. There are many reasons, 20 but one main reason comes to mind: Almost 21 every afternoon after going to church, my 22 father and I shoot on the Texas Parks and 23 Wildlife Range in Mineral Wells. It is more 24 than just shooting, it's the 45-minute drive to 25 Mineral Wells and back. My father and I catch ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 31 1 up on a lot of things. 2 That range has basically been my second 3 home. My father has brought me out there since 4 I was six. I've done everything from mow to 5 paint. He finally let me shoot last year. I 6 thoroughly enjoy it. My goal is to shoot for 7 the 2003 under 25 team. 8 I would like to thank the previous 9 administration of the Fort Walters Shooting 10 Sports Club for their support and the Texas 11 Parks and Wildlife for providing me with a 12 place to safe -- safely shoot long range. 13 Thank you for your time. 14 CHAIRMAN BASS: Thank you. 15 (Applause.) 16 CHAIRMAN BASS: Joseph Kovac, if you 17 would speak. And Janice Bezanson, be prepared 18 to speak next. 19 MR. KOVAC: Chairman Bass, Parks and 20 Wildlife Commission, and Mr. Sansom, my name is 21 Joseph Kovac. I'm a private citizen and 22 represent myself. I was born and raised in 23 Fort Worth, Texas. I thought that it was 24 important enough to come down to Austin today 25 to thank the Parks and Wildlife that I skipped ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 32 1 a day at my school Trinity Valley in 2 Fort Worth where I am a senior. 3 About six years ago I was introduced to 4 rifle shooting through the Boy Scouts of 5 America. I earned the rifle shooting badge on 6 the trail of requirements to Eagle Scout which 7 I earned my freshman year in high school. 8 Since then, I've become much more involved 9 with rifle shooting and have taken up long 10 range shooting. I practice at Fort Walters in 11 Mineral Wells the land of which is under Texas 12 Parks and Wildlife. 13 Under the past administration of the 14 shooting club at Fort Walters, I received a 15 great deal of help and instruction. After 16 continuously practicing at Fort Walters for 17 three years, the quality of my shooting was 18 good enough to be selected for the United 19 States understand 25 and under 21 team to 20 Bisley, England, to compete in the world 21 championships earlier this summer. Our team 22 won the gold medal there. It is the first 23 United States team to win a gold medal there 24 since 1985. 25 None of my achievements could have been ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 33 1 possible without the wonderful range that the 2 Texas Parks and Wildlife has provided to me. 3 Under the past administration of the club, I 4 have had a wonderful place to shoot and be 5 coached. I hope that this will continue and 6 that the Texas Parks and Wildlife will continue 7 to provide this shooting facility for me. 8 Thank you. 9 (Applause.) 10 CHAIRMAN BASS: Thank you. 11 Appreciate it. Janice Bezanson. 12 If you kids need an excuse pass for your 13 headmaster, I -- I'll will give you one. 14 Janice Bezanson is next. And Jim Haire if 15 you'd be -- excuse me -- be prepared to speak 16 next. 17 MS. BEZANSON: Thank you, 18 Mr. Chairman, Commissioners, Andy. I'm Janice 19 Bezanson and I represent the Texas Committee on 20 Natural Resources, TCON, I -- as we call it, 21 which is a statewide conservation organization 22 primarily focused on habitat issues. We have 23 long relationship with Parks and Wildlife. 24 We've worked on many issues together. We tend 25 to test -- go in and testify on your budgets. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 34 1 We've been get -- providing a lot of input to 2 the Sunset Commission and are very, you know, 3 happy with a lot of the working relationships, 4 the thousand members that I represent are 5 primarily interested in the resource protection 6 functions of Texas Parks and Wildlife. We're 7 looking at a time of unlimited pros -- not 8 unlimited unequaled prosperity, unequaled 9 knowledge of the environment, and yet, the 10 environment is taking a lot of hits. Wildlife 11 habitat is being degraded, water quality is 12 being downgraded, instream flows are being 13 threatened, bays and estuaries. There are just 14 so many issued that we have that need -- need 15 addressing. 16 We know the Department must be 17 concentrating on the Sunset process and the 18 legislation associated with that and the 19 upcoming legislature, but we want to be sure 20 that the Department devotes plenty of time to 21 the 22 water -- the regional water planning cause -- 23 situation with Senate Bill 1. We're very 24 concerned. There are something like 33 25 reservoirs are being talked about that wipes ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 35 1 out bottomline hardwood forests it takes water 2 out of the bays and estuaries. It takes waters 3 out of streams. So we feel that this is -- 4 must be a major focus of the Department. 5 Staff's been doing a good job of attending 6 those hearings but they need as much support as 7 they can get from the Commission if they're to 8 make a real difference in the decisions that 9 are made. 10 One of the things the Department is doing 11 wonderful job on, and I really want to commend 12 you, is the private lands initiatives that are 13 established the Land Trust Council. I'm on the 14 board of the Natural Area Preservation 15 Association, which is one of the larger land 16 trusts in Texas. We get a tremendous benefit 17 from the Department and from the work that 18 the -- the publicizing of this. We're getting 19 more and more calls all the time from private 20 landowners who want help protecting their 21 land. 22 The vital thing I want to talk about is 23 what I want to talk about every year. I always 24 talk about land acquisition because we think 25 that this is a thing that the Department needs ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 36 1 very, very heavily to be focusing on. Land is 2 being degraded, the wildlife habitat is being 3 degraded. Land doesn't come available all that 4 often, and when high quality land comes 5 available, it needs to be protected now while 6 it is available and before the habitat on it is 7 lost. 8 This is something we have emphasized 9 through the Sunset process. It's something 10 that we hope that the legislature will begin to 11 focus on, and we urge you as Commissioners to 12 talk to the legislature and to say, We need 13 funding for land acquisition for wildlife 14 habitat. Thank you. 15 CHAIRMAN BASS: Thank you, ma'am. 16 Jim Haire. And Esther -- 17 MS. DIECKMANN: Dieckmann. 18 CHAIRMAN BASS: Dieckmann. Thank 19 you. If you'd be prepared to speak next. 20 MR. HAIRE: I'm Jim Haire with Texans 21 Standing Tall, a state-wide coalition to reduce 22 underage drinking. I appreciate this chance to 23 address the Commission. 24 We -- We support Sunset's recommendations 25 for the Department, from the large increases in ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 37 1 funds to those that would stop the alcohol and 2 tobacco ads. I will address only the beer and 3 cigarette ads in the fishing regulations that 4 every young Texas must see in order to obey our 5 State's fish and game laws. We understand the 6 Department transferred the publishing rights to 7 Texas Monthly to save money but the deal also 8 involved the advertising of Budweiser beer for 9 the Department's sponsor, obviously. The very 10 first edition carried five pages of their beer 11 ads and the Department's foundation records 12 show the beer ad money going to the 13 Department. Researchers tell us that 14 81 percent of beer consumed is done so in a 15 hazardous way. A survey of 15 states shows 16 Texas as the only one to advertise alcohol in 17 its game and fish regulations. 18 During the period when our fish and game 19 laws were being signed away, Mr. Sansom was 20 lamenting the lack of written guidelines to 21 control sponsorship activities as he told a 22 reporter, "We're flying by the seat of our 23 pants." Another observer said the sponsorship 24 experience had been "a free for all." The 25 meeting that gave rise to these comments ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 38 1 documents Anheuser-Busch's unusual level of 2 influence at the Department. Anheuser-Busch 3 executives came to Austin to express their 4 disapproval of a new safe boating campaign that 5 addressed drinking and boating. As I 6 understand it, Anheuser-Busch took over our 7 state's safe boating campaign and came up with 8 a giveaway floating boating key chain that 9 advertised their beer. 10 The Houston Chronicle said that meeting 11 underscored the serious need for written 12 guidelines to control the Department's 13 sponsorships. Commissioner Heath and 14 Mr. Sansom also expressed the need for 15 guidelines. The same special influence seen 16 above may have a lot to do with the fact that 17 no such guidelines were ever written and that 18 the "free for all" continues today, four years 19 later. (Ironically these same guidelines are 20 another of the Sunset Recommendations.) 21 An example of the continuing "free for 22 all" is a letter from the Department prior to 23 the last Expo stating their policy against 24 advertising at the Expo. But here's a 25 photograph of beer being advertised to the kids ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 39 1 at the Expo with the caption, "You've caught a 2 great fish, now catch a great feeling." The 3 beer advertising even included a Budweiser 4 Clydesdale. 5 Researchers and even Anheuser-Busch say 6 that alcohol advertising is a factor in 7 underage drinking. And underage drinking is 8 the number one cause of death and injury to 9 young people. Therefore, we respectfully ask 10 the Commission to repurchase, renegotiate or 11 otherwise regain control of the ads in our game 12 and fish laws as recommended by Sunset. 13 Thanks very much. 14 CHAIRMAN BASS: Thank you. Esther 15 Dieckmann. And Richard Chapman, if you'd be 16 prepared to speak next. 17 MS. DIECKMANN: Ladies and gentlemen, 18 my name is Esther Perales-Dieckmann and I'm 19 member of the Presa Coalition for Legislative 20 Advocacy in San Antonio, Texas. Our member 21 organizations are located throughout Central 22 and South Texas and I'm here today to provide a 23 glimpse into an issue we've been looking at for 24 the past two years. 25 First of all, I would like to say that our ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 40 1 organization highly recommends that the 2 legislature increase the funding for Texas 3 Parks and Wildlife and we are prepared to 4 support that in any way, shape, or form; 5 however, we want to voice a serious concern 6 about the advertising of alcohol in your 7 publications and in your activities, 8 specifically Budweiser beer. 9 Hundreds of millions of dollars in 10 advertising and public relations efforts are 11 spent annually in the promotion of alcoholic 12 beverages. Texas is the second largest beer 13 market in the country generating an estimated 14 $6 billion in revenue for the alcohol 15 industry. It's big business. However, it's 16 important to note that there are -- that there 17 are serious costs for alcohol misuse in terms 18 of violent crime, injuries, sexual assault, 19 fatalities on highways and waterways, damage to 20 property, and loss of human life. 21 Who is actually paying these costs? We 22 know that from research 97 percent of alcohol 23 consumed in Texas is beer, and research also 24 shows that 81 percent of beer consumed is done 25 so hazardously. The total cost to Texans ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 41 1 according to a recent survey is an estimated 2 $4.3 billion annually. The people of the state 3 of Texas are incurring that cost. 4 Texas Parks and Wildlife has been involved 5 in a relationship with Anheuser-Busch. This is 6 unacceptable in our opinion because the agency 7 is actually being put in a position where they 8 are helping promote beer sales to the public 9 through its events and the Official Hunting and 10 Fishing Guide, which is required reading for 11 all the hunters and anglers, including the 12 young people that we're hearing about today. 13 Keep in mind that the American Sport Fishing 14 Association says that over 90 percent of 15 today's anglers start fishing before they even 16 turn 18. 17 Regardless of the current arrangement for 18 publication of this booklet, the Department had 19 the influence and resources to recover these 20 rights, and we urge you to do so and stop the 21 advertising of alcohol. 22 You have -- The alcohol industry has a key 23 responsibility. Let's make that real clear. 24 And that responsibility is to its 25 stockholders. Texas Parks and Wildlife also ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 42 1 has a key responsibility and that is to the 2 people of the state of Texas. 3 You've received a clear message from the 4 Sunset Commission. We're urging you to help us 5 preserve the health and safety of our 6 communities and our young people. We're asking 7 you to reacquire the rights to stop advertising 8 of alcohol in the Official Hunting and Fishing 9 Guide as well as all the related events to 10 Texas Parks and Wildlife. Thank you. 11 CHAIRMAN BASS: Thank you. Richard 12 Chapman and -- 13 MR. CHAPMAN: I'd like to relinquish 14 my time. My item has just been addressed. No 15 use wasting any more time. Pray for rain. 16 Thank you. 17 CHAIRMAN BASS: Thank you. I hope 18 someone other than myself hears your prayer. 19 Mary Hill. And let's see. George Foshee, be 20 prepared to speak next. 21 MS. HILL: I am Mary Hill, a retired 22 professor of recreation from West Texas A&M 23 University and now a citizen in Comal County. 24 Of 30 years of my life I spent training and 25 developing college students to become ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 43 1 professionals in the area of recreation. Our 2 philosophy and mission of recreation is to 3 promote through organized activities 4 constructive use of leisure time. I commend 5 your agency and the Commissioners for all the 6 he wonderful recreational opportunities you 7 have provided the youth of Texas. 8 I am coming to you today, though, as a 9 concerned professional, parent, and grandparent 10 that we have allowed alcohol to sponsor our 11 children's recreational activities. Alcohol is 12 if most abused drug in America. It does not 13 contribute to the philosophy of recreation. 14 The alcohol and tobacco industry indicate they 15 no longer target our children. The present 16 recreational booklet of the Texas Parks and 17 Wildlife does not support this statement. 18 Our young people are the most valuable 19 resource we have in Texas and we need to keep 20 it that way. Thank you. 21 CHAIRMAN BASS: Thank you, 22 Ms. Hill. George Foshee. And Paul Craig I 23 believe it is, if you'd be prepared to speak 24 next. 25 MR. FOSHEE: Chairman Bass, ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 44 1 Commissioners, Andy, I'm the president of 2 Friends of Garner. I'm also a guide that takes 3 you over 4 1/2 miles over the mountains, the 4 beautiful mountains of Garner, so we hear lots 5 of complaints. We have over a thousand people 6 every summer that goes through Garner. Their 7 number 1 complaint, or number 2 complaint, 8 rather, is the lack of adequate restrooms. The 9 4th of July, we have over 10,000 people in that 10 area. We have 30 commodes in the men's 11 restrooms. We do have a new one that will be 12 built starting in January, but that is just 13 three more to add. 14 The other thing that tied right along with 15 that is we were shut down one week this year 16 because we only have one well, one water well. 17 We do need a backup water system there. 18 We also need funding to have enough summer 19 help to keep the park in good condition. We 20 have a wonderful park host program going, but 21 these people are putting in probably ten hours 22 a day, seven days a week. Some of them have 23 already told us they will not be back next 24 year, we probably need ten additional seasonal 25 people during the summertime to help load this ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 45 1 extra load that we have. 2 It is not funding, but the chief complaint 3 that we have is our reservation system. We're 4 discriminating against telephones. If you do 5 not have a home computer, then you cannot get a 6 reservation in the park. We need to limit 7 reservations. We have people getting anywhere 8 to 10 to 40 campsites with one reservation. 9 If you limited that to two campsites per 10 reservation, then you would have a lot more 11 people satisfied. The 333 days in advance is 12 really too long a time. Most people do not 13 know when they can have a vacation the next 14 year. Thank you for your time. 15 CHAIRMAN BASS: Thank you very much. 16 I'm told that former Commissioner Bob Armstrong 17 snuck in the room here when I wasn't looking 18 there you are. Greetings, Bob. 19 (Applause.) 20 CHAIRMAN BASS: I'm -- I'm sure we 21 can arrange an extra chair at the -- at the 22 dais here if you'd -- if you'd like to relive 23 some old times. 24 MR. ARMSTRONG: I just came to get a 25 hunting license for next year. But I wanted to ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 46 1 see you in action and you're doing good. 2 CHAIRMAN BASS: Well, appreciate you 3 stopping by. 4 MR. ARMSTRONG: Thanks a lot. 5 CHAIRMAN BASS: Have a good hunt. 6 MR. ARMSTRONG: You bet. 7 CHAIRMAN BASS: Okay. Paul Craig. 8 Okay. Suzy Marek. Marek. And Jim Ellison, if 9 you'd be prepared to speak next. 10 MS. MAREK: Commissioner Bass, 11 Commissioners, Mr. Sansom, this is my third 12 year to proudly stand before you representing 13 Texans for State Parks. My name is Suzy Marek 14 and I'm the executive director of the Friends 15 of Inks Lake State Park, as well as the 16 treasurer for Texans for State Parks. 17 One of the things that I would like to let 18 you know about is that the Texans for State 19 Parks has become a -- a very viable voice now 20 for our state park system and we are continuing 21 to grow at a very rapid pace. Some of our 22 accomplishments over the past year that you may 23 or may not be aware of is we have been able to 24 express our voice before the Governor's Task 25 Force on Conservation before the Sunset ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 47 1 Commission relating to state park issues, and 2 we have also been the very proud provider of 3 dinner and dessert for our state park interns 4 and their superintendents this past June. 5 We look forward to looking with the State 6 Parks Division in support of their annual 7 meeting in January where we will be working as 8 volunteers as well as helping out in some of 9 the financial areas. Then we plan to jump 10 right into the next legislative session 11 providing a voice for the outstanding state 12 park system that we have here in the state of 13 Texas. 14 We plan for our annual meeting in October, 15 October 27th and 28th, to be the springboard 16 for communications network to provide our 17 legislators with the desires of their 18 constituents regarding adequate and stable 19 funding for our state park system during the 20 upcoming legislative session. 21 I wanted to just let you know that there 22 are a lot of people throughout the state of 23 Texas who are not necessarily associated with 24 Texas Parks and Wildlife who are very avid 25 supporters of this Department. We've seen very ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 48 1 professional partnership capabilities between 2 lowly little friends groups out there in the 3 state parks with the three, four, ten people 4 and hundreds of people in other state parks and 5 the TEXAS PARKS AND WILDLIFE COMMISSION. And 6 we're very, very proud to be associated with 7 this organization. Thank you very much for 8 your time. 9 CHAIRMAN BASS: Thank you. 10 Jim Ellison. And Beth McDonald, if you could 11 prepare to speak next. 12 MR. ELLISON: Mr. Chairman, 13 Commissioners, Andy, I'm here representing -- 14 My name is Jim Ellison and I'm representing 15 Washington-on-the-Brazos State Park 16 Association. And I wanted to thank you for 17 your help and cooperation and I wanted to ask 18 you for one thing. But what I wanted to thank 19 you for is your help in our new facilities. We 20 have a brand new Barrington living history farm 21 at the park with animals that are associated 22 with the period of Anson Jones 1850. Very, 23 very interesting, and the -- the visitor -- 24 visitors count has been terrific. We also have 25 a new visitors' center, a new conference ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 49 1 center, and all of that, and I want to say 2 thank you for your help on that. We have done 3 a great job. 4 The other thing that we've done, now that 5 we have the facilities, we have this past April 6 had a vision committee meeting of all of the 7 past presidents, the present board, and all 8 that's associated with our association. We 9 came up with seven strategic bullets that we 10 are and putting together to help the park and 11 the museum. The museum is under construction 12 right now, a revitalizing a whole new exhibit 13 center. They have the downstairs which will be 14 finished in the next month, and then the next 15 year we'll complete it all. 16 I just want to say we would like to, and 17 what I wanted to ask you is to please accept an 18 invitation to come and see this beautiful park, 19 which is a crown jewel in your park system. 20 Thank you. 21 CHAIRMAN BASS: Thank you. 22 Beth McDonald. And Dana Dean, if you could be 23 prepared to speak next. 24 MS. MCDONALD: Hello, Mr. Bass, 25 Commissioners, Andy -- ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 50 1 CHAIRMAN BASS: Good afternoon. 2 MS. MCDONALD: -- and all our friends 3 here at the Parks Department, or Parks and 4 Wildlife. I'm Beth McDonald. I'm the 5 secretary of Texans for State Parks. I'm also 6 a member of our what we consider local Park of 7 the Lost Pines of Bastrop and Buescher. I have 8 several concerns that I'd like to address. 9 My number one concern is our parks 10 department salaries. I realize you can't do 11 everything for everybody, but I also realize 12 and you realize that we're losing key people in 13 our park system to better-paying jobs. This is 14 just a sign of our times and we're in the 15 high-tech area now with the growth here, the 16 population explosion that we have, the job 17 opportunities that we have. I would like to 18 see the park salaries at a level that would 19 reward those people who are long term and have 20 stayed with us and those people that are 21 qualified that we could attract. You realize 22 that many, many, many people are working for 23 the Parks Department because that's what they 24 want to do. They love the outdoors and they 25 love what they're doing. That's the reason ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 51 1 they're there. 2 My second concern is land acquisition. 3 I've just returned from ten days in Alaska. 4 Of course, I was reminded many times that 5 Alaska is the largest state and Texas is 6 second. I reminded them that Texas is the 7 largest state without a glacier. But do you 8 realize that we have more people in Austin than 9 there is the population of Alaska. It's 10 frightening when you think of the comparison. 11 With their land acquisition, I think we're 12 going to see our wilderness and our wildness of 13 this state and a heritage of being what we are 14 taken away from us if we don't get on a land 15 acquisition program so that we get some of this 16 land under our thumb more or less to keep it 17 for your grandchildren, my great grandchildren, 18 so please consider that and put the land 19 acquisition back as the number one thing. 20 Two -- or three, rather, our outreach 21 program. You've heard several people speaking 22 on what we need to do for our youth. We have 23 such a potential for our youth of this state. 24 With our outreach programs, we hear of -- from 25 San Angelo and what they have just done with ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 52 1 the grant from Texas Parks and Wildlife and 2 it's been grand and I would like to see it 3 expanded and continued to its utmost. Thank 4 you. 5 CHAIRMAN BASS: Thank you. Maybe a 6 little global warming will bring Alaska down 7 to -- down to size. 8 MS. MCDONALD: We saw that, too. 9 CHAIRMAN BASS: Give them a little 10 humility there. Dana Dean. 11 MS. DEAN: Good afternoon. I'm Dana 12 Dean. I represent an informal group that's 13 called the Onion Creek Riders. We are horse 14 owners and trail riding enthusiasts that's 15 primarily in Austin, but we do travel the state 16 with horse and trailer behind us. I also in my 17 real life work to bring individuals, families, 18 and businesses to Texas and primarily 19 Central Texas and Austin. There is nothing 20 more emblematic to these folks, these newcomers 21 and those of us who've lived here all our lives 22 than the sight of a man on horseback, or in our 23 case, women on horseback. 24 But the fact of the matter is the public 25 lands available for horseback riding in Texas ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 53 1 is among the smallest amount in any state in 2 the United States and that's not adjusted for 3 size of the states. It really is a travesty 4 that of the 117 parks that are labeled in your 5 brochure, less than a dozen or those allow 6 equestrian activities, and in looking over 7 those, less than seven of those have more than 8 five miles of equestrian trails. 9 I think it's very important for those of 10 us who enjoy horses and those of us who love 11 Texas to open more of the state parks to 12 equestrian activities, to horseback riding. 13 It's safe, it's ecological, it's beautiful, and 14 it's one of the symbols of our state. 15 Currently we ride in a neighborhood 16 greenbelt and a city park. We are the ones 17 that blazed the trails that are now used by 18 hikers and people walking their dogs and people 19 on bicycles and even the dreaded dirt bikers. 20 We all coexist very peacefully on these 21 trails. We can do that in other parks. 22 There are several parks here that are, in 23 essence, in excess of 5,000 acres that are not 24 available to equestrians and we would -- I 25 don't know. Of course, I'm fairly naive, don't ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 54 1 know what it would take to open these up, but 2 it doesn't take much since we blaze our own 3 trails. All we really need is your permission 4 and we'd really like for to you consider our 5 request. Thanks. 6 (Applause.) 7 CHAIRMAN BASS: Thank you. Jerry 8 Bennick. And Will Kirkpatrick, if you'd be 9 prepared to speak next. Mr. Bennick. 10 Good afternoon. 11 MR. BENNICK: My name is Jerry 12 Bennick. I'm here basically representing 13 myself and I have a written communication from 14 Dr. Van Gelder who was unable to be here 15 because of family problems. Quick -- or just 16 quickly, I would like to see on Rayburn the 17 limit raised so that the -- so that we have a 18 larger -- a larger fish to catch than we do 19 now, what, I think it's 14 inches now raised to 20 16, and I know a slot would be impossible 21 because of the politics, but I would like to 22 see the size limit raised. 23 And also, I'd like to see a little bit 24 more control over some of these tournaments and 25 tournaments being held in weather like we're ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 55 1 having right now, I think, is a very 2 unacceptable thing to do, and I think there 3 needs to be some control with this. 4 Gary's thoughts on this today, he has two 5 thoughts. The first concerns a continuing need 6 for the knowledge-based management of the 7 fisheries resources and second concerns the 8 decision making in incorporating public 9 inputs. Even a cursory review of the past 120 10 years of fresh and saltwater fisheries issues 11 in the U.S. reveals a repeated pattern of 12 failed opportunities to prevent destruction of 13 a resource. In many cases experts knew early 14 on that corrective interventions were needed to 15 protect and sustain the resource but commercial 16 and recreational users effectively blocked the 17 timely implementation of corrective measures. 18 I'm not very similar with salt water resource 19 or with the saltwater resource issued in Texas, 20 but the freshwater side Texas Parks and 21 Wildlife has been quite effective in managing 22 the resource and is often a national leader. 23 On the saltwater side, the recent concerns over 24 shrimp resource may be an example of where the 25 experts know a resource is in trouble. It ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 56 1 remains to be seen how the balance of interest 2 play out on this issue. Clearly, leadership 3 sufficiently free of undue political forces and 4 leadership able to balance decision making 5 using science, knowledge, and greater public 6 interest is needed to continue to manage these 7 resources. 8 I have a continuing -- I have continued 9 concerns about the -- 10 MR. SANSOM: Thank you, sir. 11 MR. BENNICK: Andy, I'll give this 12 here for -- 13 MR. SANSOM: Thank you very much. 14 CHAIRMAN BASS: Thank you, 15 Mr. Bennick. Will Kirkpatrick and L.W. 16 Ramirez, I believe, from Dallas if you'd be 17 prepared to speak next. 18 MR. KIRKPATRICK: Commissioner Bass, 19 Commissioners, I'd like to thank you for having 20 time to take out and listen to us. First, I'd 21 like to congratulate Commissioner Dinkins. She 22 got another award. I don't know how many -- I 23 know the Commissioners know, but I don't know 24 how many of the rest of you know that she's 25 just been elected to the Texas Women's Hall of ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 57 1 Fame and it seems like every time we have a 2 Commissioners' meeting, Commissioner Dinkins, 3 you're getting another award. You deserve them 4 all. Thank you for the help. 5 What I'd like to talk about today is the 6 freshwater fishing regulations and human 7 population trends in Texas. While the 8 regulations I will cite relate to bass, the 9 fundamental concept applies to all freshwater 10 game fisheries. 11 In 1972 out of a state -- we had a 12 statewide limit of 15 bass a day and they only 13 had to be seven inches long. You know, most of 14 us are fishing with lures longer than that 15 now. Only ten of these fish could be over 11 16 inches long, and if you look at some of the old 17 pictures, there was a lot of bass in some of 18 these tournaments that were way over 10, over 19 11 inches long. At that time, we had 20 approximately a 1,600,000 and we had a state 21 population of 11,620,000. 22 In 1975, our statewide limits were raised 23 to ten bass a day and they went up to a whole 24 ten inches long. We had 1,550,000 anglers and 25 we only had a population of 12,568,000 people. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 58 1 In 1986, we went to a statewide limit of 2 five bass over 14 inches. At this time, we had 3 1,750,000 anglers and a population of 4 16,500,000 people in Texas. We've had no 5 changes for the last 14 years. 6 In July of 1999, we had a state population 7 of 20 million people, and according to 8 Ms. Trecote of the Texas -- Texas State Data 9 Center at College Station who I recently talked 10 to in the year 2025, they're expecting 11 32 million people in the state of Texas. And 12 if the trends continue, that's a whole lot of 13 people fishing, and it looks like we're not 14 going to have much more water in Texas. 15 They're not going to build many more reservoirs 16 and the ones they are building, if we can get 17 them, are going to be awfully small. 18 Anglers and much more efficient today. 19 We've done a lot of continued improvement not 20 only in equipment, but also in our ability to 21 use the equipment and we're going to see a lot 22 more pressure on the fishery. With this in 23 mind, I would suggest that we start looking at 24 decreasing the daily limits and increasing the 25 minimum length limits. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 59 1 You know, we used to -- When you think 2 about seven-inch bass that we kept three, 3 16-inch bass have way more meat if you want to 4 keep them and they weigh a lot more than those 5 old bass we had. So I would like to see Parks 6 and Wildlife start looking at it before we 7 start getting close to these 52 -- or 8 32 million people that they're talking about. 9 It's just hard to believe the many people on 10 the water today with 21 million what it would 11 be like with 32 million. Thank you. 12 CHAIRMAN BASS: Thank you. 13 L.W. Ramirez from Dallas. Ed Banton (sic) from 14 Houston? 15 CHAIRMAN BASS: I'm trying. 16 MR. PARTEN: It's not your fault, 17 sir. It's mine. It's Ed Parten. Mr. Lee 18 Bass -- 19 CHAIRMAN BASS: All right. I'll go 20 with that. 21 MR. PARTEN: -- distinguished 22 Commission, Andy, my friend, it's a pleasure to 23 be here. I didn't call or come by to ask for 24 anything. Don't send money. I'm here to 25 compliment what I feel is the greatest Parks ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 60 1 Fish and Wildlife Commission and division in 2 the entire nation, in the world. 3 And for several years it's been an honor 4 and a pleasure for Texas Black Bass Unlimited 5 to work with such a distinguished group of 6 people. I feel that our field biologists, our 7 leaders in the inland fishery, our executive 8 director are head and shoulders above any that 9 exist anywhere. It's been a pleasure for TBBU 10 to work and help build the fishing center in 11 Athens, to raise almost $100,000 for habitat 12 enhancement on our various lakes throughout the 13 state of Texas, to mark the river channel on 14 Lake Livingston, build fishing piers on Lake 15 Nacogdoches, and quick as our friend and great 16 regional biologist, Mr. Mark Webb, gets all the 17 paperwork done, Texas Black Bass will build 18 another fishing pier for the physically 19 challenged, for the elderly and underprivileged 20 youth at Lake Raven, Huntsville State Park. 21 We're excited about this. We've had money in 22 an account to do this for some time, as quick 23 as all the red tape is snipped through, we're 24 going to start construction on a first class 25 fishing pier on one of the most utilized parks ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 61 1 in the park system and state of Texas. 2 And I just wanted to come by once a year 3 to tell you people what an honor it's been for 4 the Board of Directors in Texas Black Bass 5 Unlimited since 1985 to work with one of the 6 greatest groups and organizations that exists, 7 and it's been a real pleasure for me and all of 8 the people and our members to continue, and we 9 look forward to continue working with this 10 organization in many projects to come. Thank 11 every one of you individually, especially you. 12 CHAIRMAN BASS: Thank you, Ed. We 13 appreciate the partnership. Jack Tatum. If 14 you'd come forward, please. And Jim Adams, if 15 you'd be prepared to speak next. 16 MR. TATUM: Mr. Chairman, 17 Commissioners, Mr. Sansom. I'm Jack Tatum 18 Sabine River Authority of Texas. I provide you 19 with some comments. The Sabine River Authority 20 of Texas has had a long and successful history 21 of working with Parks and Wildlife: The Lake 22 Fork fishery, boat ramps, wildlife management 23 areas, investigation of fish kills. There's a 24 whole long list. I wanted to mention today 25 that I'm going to talk about aquatic vegetation ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 62 1 and just briefly summarize for you what -- 2 what's in -- in the letter that's being handed 3 out to you. 4 Aquatic vegetation management, we've been 5 working with the Parks and Wildlife on the 6 rules and on the guidance document. We're 7 still very much concerned that we need funding 8 for aquatic vegetation management in Texas, and 9 also, that we need the liability cap. 10 The Sabine River Authority has three river 11 reservoirs in the Sabine Basin of Texas. 12 Toledo Bend is operated jointly with Sabine 13 River Authority of Louisiana, Lake Tawakoni, 14 and Lake Fork. There's no federal projects in 15 the Sabine Basin. There's 15 reservoirs, two 16 of which are in Texas. So there's a lot of 17 waters to manage. We're having problems with 18 salvinia and water hyacinths. We provided 19 $20,000 to Parks and Wildlife this past year to 20 spray 200 acres of salvinia on Toledo Bend. 21 There was 1400 acres or 1200 acres or so of 22 water hyacinths that went unsprayed. 23 We don't have the staff. We want to work 24 with you. Parks and Wildlife has the 25 expertise, and we'd like to help you seek the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 63 1 funding that's necessary. There's many other 2 surface waters. 3 The new tourist bureau as you come into 4 Texas in Blue Elbow Swamp, which is a Parks and 5 Wildlife management area is covered with 6 salvinia. It's not the giant, it's the common 7 salvinia, but it's still covering the water 8 surface, so there's a lot of areas that this 9 plant is showing up in. It's being spread 10 and -- and we need Parks and Wildlife's help to 11 try to get this under control, as well as water 12 hyacinths and other nuisance vegetation. And 13 I'll just let my remarks stand. Thank you. 14 CHAIRMAN BASS: Thank you, 15 Mr. Tatum. Mr. Adams. And John Wagner, if 16 you'd be prepared to speak next, please. 17 MR. ADAMS: Mr. Chairman, 18 Commissioners, Mr. Sansom, I recall what Bill 19 West and Jack Tatum said. San Jacinto River 20 Authority owns and operates Lake Conroe and we 21 do a monthly helicopter search looking for 22 aquatic vegetation that's bad stuff. In March, 23 there was none. In April, there were 40 24 acres. We've spent $46,000 in cash to fight 25 giant salvinia in Lake Conroe just this year. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 64 1 We've spent $50,000 fighting water hyacinths 2 mechanically last year. We need some 3 additional sources of -- of revenue. We have 4 an organization on Lake Conroe that the local 5 residents participate in, but during the 6 enabling legislation for this aquatic manage -- 7 management plan, there is a mechanism in there 8 where the water development board could have 9 some funding for grants and for studies to 10 combat this stuff, and we would appreciate it 11 if the Parks and Wildlife would request that 12 from the Water Development Board. 13 We need the water development board to 14 become more active. They helped us initially 15 when we -- when we started treating the 16 salvinia, but your manpower is sorely limited, 17 and what our concern is is that there are very 18 few lakes that are controlled by river 19 authorities. There are a lot of lakes that 20 don't have an agency specifically to control 21 them, and when the first flush comes, if this 22 drought ever breaks, we're going to be fighting 23 it again. And there are going to be a lot of 24 reservoirs that don't have some means to be 25 able to combat this aquatic vegetation, and I'm ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 65 1 afraid Parks and Wildlife is going to be left 2 behind the curve. 3 And with that I'll stop. Thank you, sir. 4 CHAIRMAN BASS: Thank you for 5 coming. John Wagner. And Blake Kellum, if 6 you'd be prepared to speak next. 7 MR. WAGNER: I'm John Wagner. I 8 represent the Lake Conroe Association. 9 Chairman Bass, Commissioners, Mr. Sansom, thank 10 you for the opportunity to be here this 11 afternoon. 12 The Lake Conroe Association wants to thank 13 the San Jacinto River Authority and the Texas 14 Parks and Wildlife for their excellent response 15 and efforts to control giant salvinia on Lake 16 Conroe. On April 5th, 40 acres of giant 17 salvinia was discovered growing in our lake. 18 Thanks to the efforts of the San Jacinto River 19 Authority and Texas Parks and Wildlife, there's 20 less than four acres of giant salvinia growing 21 in Lake Conroe today. Lake Conroe consists of 22 21,000 surface acres. Only 40 acres were 23 contaminated or 0.2 percent of the surface area 24 of our lake. $46,000 were spent to bring this 25 under control where it is today. The fear that ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 66 1 most of us residents on Lake Conroe have, what 2 if that had been 2 percent? That would have 3 meant $460,000 would have needed to be spent 4 just to get where we are today. 5 The Lake Conroe Association asks Texas 6 Parks and Wildlife to request sufficient funds 7 from the Texas Water Development Board in House 8 Bill 3079 to fund quality research and the 9 control of giant salvinia not only on 10 Lake Conroe, but in all surface waters in the 11 state of Texas. Thank you. 12 CHAIRMAN BASS: Thank you. 13 Mr. Kellum, did you wish to speak? 14 MR. KELLUM: Actually, sir, I was 15 signed up as an observer, so -- and John just 16 covered what I needed to say, so thank you very 17 much. 18 CHAIRMAN BASS: Thank you. 19 Appreciate you coming. Patrick Burchfield. 20 And Joe O'Brien, if you'd be prepared to speak 21 next. 22 MR. BURCHFIELD: Chairman Bass, 23 Commissioners, Mr. Sansom, thank you for the 24 opportunity to be here today. I'm here 25 speaking on my own behalf. I do, however, do ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 67 1 contract work for the U.S. Fish and Wildlife 2 Service, but I'm, again, speaking for myself. 3 I have in that capacity for the past 19 years 4 headed up the U.S. field group in Mexico at the 5 Kemp's Ridley Sea Turtle Recovery Program. 6 In the 1978, Mexico met with elements from 7 Texas Parks and Wildlife, U.S. Fish and 8 Wildlife, the National Park Service, National 9 Marine Fishery Service, and other conservation 10 groups and it was decided that something 11 dramatic had to be done if Kemp's Ridley sea 12 turtle was to be saved from imminent 13 extinction. At that time, the Binational 14 Mexico-U.S. Program was born. 15 The first year of the Binational Program, 16 the production of eggs and hatchlings from the 17 nesting beach essentially doubled because of 18 the increase in effort. However, between 1978 19 and 1985, things were not all that great 20 because the population continued a precipitous 21 decline, and in 1985, we reached the all-time 22 low of 702 nests for an entire nesting season 23 as opposed to the massive nesting aggregations 24 of forty or more thousand turtles in a single 25 day which in Mexico are called arrivaras. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 68 1 We had reached a point where we clearly 2 had probably less than 600 nesting females left 3 in the entire next population. This turtle 4 nests every other year typically, so the 5 turtles we see this year we won't see for two 6 more years. 7 However, all of the agencies involved 8 hung in there and in some years, I do not 9 exaggerate, the biologists ate beans and cactus 10 and we didn't have enough gasoline to operate 11 the ATVs to do the beach patrols. 12 It's not that bad now, fortunately, but it 13 requires a collaborative effort, the 14 cooperation between state, federal, MGOs, and 15 industry if we're going to be successful in 16 this recovery effort because everyone involved, 17 all the stakeholders, need to be committed to 18 trying to bring back a healthy Gulf of Mexico 19 ecology and the Kemp's Ridley Sea Turtle is a 20 big part of that process. 21 This year, 19 -- or Year 2000, I'm 22 standing here, and these are preliminary data, 23 they're not final yet, so far in Mexi -- in 24 Tamaulipas and Veracruz, we have protected 25 6,272 nests and we've released right at 391,578 ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 69 1 baby Ridley turtles into the Gulf of Mexico. I 2 would point out that it's only because of a 3 cooperative effort between -- 4 MR. SANSOM: Thank you, 5 Mr. Burchfield. 6 MR. BURCHFIELD: -- federal 7 government, state, and industry which this year 8 put in over one third of the resources for the 9 project. 10 CHAIRMAN BASS: Thank you. 11 Father Joseph O'Brien? Left. Okay. Well, I 12 think I have more sign-up cards left here than 13 I have left in the room, but we'll go through 14 them. 15 Leo Munoz? And George Deshotelt, if you'd 16 be prepared to speak next. 17 MR. MUNOZ: Mr. Chairman, members, 18 thank you. My name is Leo Munoz. I'm the 19 legislative assistant for Representative Jim 20 Solis who represents Cameron County, the 21 Harlingen-Brownsville area, Port Isabel, and I 22 am -- excuse me -- here to read a letter from 23 representative Solis as well as Representative 24 Oliveira. 25 Dear Mr. Osburn and members of the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 70 1 Commission, as State Representatives of the 2 thousands of South Texas shrimpers who earn 3 their living -- excuse me -- along the Texas 4 coast, we felt compelled to make a statement 5 against changing the rules regulating the 6 shrimping industry along our coast and in our 7 bays. 8 Proposals such as decreasing the areas 9 shrimpers are allowed to shrimp in our bay and 10 extending the winter gulf closure by 30 days 11 will be detrimental to our shrimpers and have 12 dire consequences for our local economies. 13 We expressly feel that while Parks and 14 Wildlife has made good faith efforts to 15 communicate and bring many from the shrimping 16 industry to the table, to penalize our 17 shrimpers without sufficient data could have 18 perilous consequences for many shrimpers. 19 We respectfully ask that Texas Parks and 20 Wildlife refrain from making a decision on this 21 matter until more scientific data can be 22 reviewed and considered. We believe this will 23 enable Parks and Wildlife -- excuse me -- to 24 make a better decision as to how to address the 25 sustaining and supporting shrimp as a species ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 71 1 and shrimping as an industry. 2 Sincerely, Jim Solis and -- excuse me -- 3 Representative Rene Oliveira. Thank you. 4 CHAIRMAN BASS: Thank you. I believe 5 we all received a copy of that letter earlier 6 today. 7 MR. MUNOZ: Okay. Thank you. 8 CHAIRMAN BASS: Thank you. George 9 Deshotelt. And Robert McFarlane, if you'd be 10 prepared to speak next. 11 MR. DESHOTELT: Thank you, 12 Chairman Bass. There's not many people that 13 pronounce my name correctly, but -- especially 14 if you're not from Louisiana, so -- 15 CHAIRMAN BASS: I got lucky. 16 MR. DESHOTELT: My name is 17 George Deshotelt. I'm county commissioner out 18 of Matagorda County. We have roughly 68 miles 19 of coastline. We have East Matagorda Bay, 20 West Matagorda Bay, and I represent the towns 21 of Matagorda and Sargent in my precinct. 22 I want to thank Director Sansom and his 23 staff for taking so much input on our shrimp 24 regulations; however, in our area, we would 25 like to tweak them a little bit if we could. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 72 1 And the first item we'd like to address is the 2 seabob net size. Right now it's proposed at 34 3 feet. Our shrimpers in our area use that as a 4 wintertime resource to earn some money for 5 during the wintertime. To make it economically 6 feasible, they need to drag about a 42- or 7 45-foot net with the fuel prices as it is 8 today. If they're not seabobbing in the 9 wintertime, they're trot lining or oystering, 10 and that's a year-around resource for us, 11 and -- as far as our recreational areas. 12 And the other item I'd like to address is 13 the proposed changes on the nursery area in the 14 eastern end of West Matagorda Bay. I'd like to 15 try to move it further to the west. Where it's 16 proposed right now is in some deep water which 17 is -- which is an area that is shrimped quite a 18 bit. It is not a nursery area. I know the map 19 show it as a nursery area. I think the local 20 biologists will confirm that. I've talked to 21 Dr. McKinney about it and they're reviewing 22 that, but this is something that as far as our 23 economic impact has a direct economic impact to 24 our shrimpers in that area. Because as we 25 speak right now, that's where they're ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 73 1 shrimping. And like I said, it's not a nursery 2 area. 3 And with that, I want to -- if that blond 4 with the Onion Creek Riding Club is still here, 5 we allow horseback riding on Matagorda and 6 assorted beaches. I wanted her to know that, 7 so thank you very much. 8 CHAIRMAN BASS: I've got her address 9 here somewhere. Robert McFarlane, are you 10 here? 11 MR. MCFARLANE: Yes. 12 CHAIRMAN BASS: Good. Thank you. 13 And Les Hodgson, if you'd be prepared to speak 14 next. 15 MR. MCFARLANE: Good afternoon, 16 ladies and gentlemen. My name is Robert 17 McFarlane. I'm a consultant hired by the 18 Calhoun County Texas Shrimpers. I am certified 19 as a fishery scientist by the American Fishery 20 Society, a qualification that is lacking among 21 your staff. 22 I bring you good news today. I am wearing 23 the battle tartan of the clan McFarlane today 24 because I am here to fight for what is right. 25 The proposed regulatory changes are based ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 74 1 upon an utterly false premise, and therefore, 2 are clearly wrong. I have three minutes to 3 convince you not to make a major mistake. Your 4 staff are scampering around like Chicken Little 5 claiming that the sky is falling and shrimp 6 fisheries are about to collapse. Balderdash. 7 Shrimpers are enjoying the best shrimp harvest 8 in years, but your staff have closed in their 9 minds to this inconvenient fact. 10 If I can convince you of only one thing 11 this afternoon it must be the fact that your 12 staff are deceiving you and perhaps 13 themselves. You pay for a very expensive 14 coastal fisheries monitoring program, but your 15 staff have ignored all of its data. 16 Please examine the table I have provided. 17 Only two of the 20 cells with data in that 18 table indicate there is a problem in any of the 19 three shrimp fisheries that we have. The bag 20 seining data show that there are more small 21 juvenile brown and pink shrimps in our bays 22 than ever, but those shrimp do not show up in 23 the trawl data. Were they eaten by the 330 24 million red fish that you have stocked in the 25 bays? ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 75 1 Instead of investigating the cause of this 2 anomaly, your staff have blamed the victim, the 3 commercial shrimpers. Because it is difficult 4 to manage environmental influences, your staff 5 have chosen instead to reduce the efficiency of 6 commercial shrimpers. 7 Your decision should be based on 8 verifiable science. Nothing in your briefing 9 book qualifies as science. It is all smoke and 10 mirrors. Neither you nor anyone else can 11 decipher those squiggly lines and arrows. 12 Science operates in the open where the data and 13 statistics are available to all who are 14 interested, not hidden from view in a folder 15 labeled, Trust Me. 16 Science must be replicable. This is not. 17 Science must consider all of the available 18 information, not pick and choose those pieces 19 that you happen to like. Species must be 20 analyzed independently, not lumped together 21 where one bad apple spoils the lot. Until you 22 are certain that scientific consensus has been 23 achieved, and it has not at this moment -- 24 MR. SANSOM: Thank you, 25 Dr. McFarlane, your time is up. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 76 1 MR. MCFARLANE: Okay. 2 CHAIRMAN BASS: Thank you, sir. I 3 didn't know to wear my clan Buchanan tartan 4 today, which I'm a descendant of. 5 Les Hodgson. And Pat Suter or Surfer, if 6 you'd be prepared to speak next. 7 MR. HODGSON: Mr. Chairman, members 8 of the Commission, members of the Parks and 9 Wildlife staff, good afternoon. My name is 10 Les Hodgson. I am in the commercial seafood 11 industry out of Brownsville, Texas. I'm the 12 past president and chairman of the board of the 13 National Fisheries Institute, the largest 14 seafood trade organization in the United 15 States, and I'm here with great concern over 16 your shrimp rule. 17 As you just heard from Dr. McFarlane there 18 are still questions on the science. I attended 19 three of the public hearings that Parks and 20 Wildlife had -- held along the Texas coast. At 21 those three hearings, the biggest support for 22 the -- the shrimp rule came from the 23 environmental community that is interested in 24 protecting the Kemp's Ridley sea turtle. 25 A number of years ago, the seafood ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 77 1 industry, the National Fisheries Institute, 2 Texas Shrimp Association, and private companies 3 decided rather than to put their money into 4 litigation and ads and -- and fights, that we 5 were better off to support the Binational 6 Kemp's Ridley Restoration Project in Mexico. 7 We have done that. We've given them 8 money, we've given them support, we've given 9 our time. We're very, very proud to tell you 10 that the turtle is coming back. It's still an 11 endangered species. We can't quit now. But 12 it's coming back, and the seafood industry has 13 been very, very responsible at taking care of 14 its -- its duties and the health of the Gulf of 15 Mexico. 16 If Texas Parks and Wildlife staff sees 17 problems with the -- the shrimp situation, we'd 18 like to be given the opportunity to be just as 19 responsible in that regard. We have not 20 been -- We've not been given the opportunity to 21 sit at the table as a partner. We're told 22 to -- to come and assist and trust and what 23 have you. That's impossible to do unless we're 24 treated properly, and we have been treated 25 improperly all the way along through this ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 78 1 process. 2 The seafood industry of this country is 3 responsible. We're doing our part. Please 4 give us the opportunity to do it justly. Thank 5 you. 6 CHAIRMAN BASS: Pat Surfer. And Mira 7 Williams, if you'd be prepared to speak next. 8 MS. SUTER: The name is Pat Suter. 9 CHAIRMAN BASS: Suter. I'm sorry. 10 MS. SUTER: I'm sorry. I don't write 11 better than that. I'm from Corpus Christi, 12 Texas. 13 CHAIRMAN BASS: I was giving you the 14 benefit of being a surfer. 15 MS. SUTER: Well, why not. I'm from 16 Corpus Christi, Texas, and will be speaking 17 tomorrow again on the shrimping issue. I guess 18 we're going to be speaking tomorrow. I don't 19 know. 20 I heard all that went on this morning, and 21 I also listened to one lady who'd been to 22 Alaska and she says Alaska's bigger than Texas, 23 well, that's true, but Texas is number one in 24 what? Pollution. Number one in pollution. 25 And we're number 49th in spending on the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 79 1 environment. 2 And so I would like to offer Parks and 3 Wildlife any help that we can give you from the 4 coastal zone to help get more money for Parks 5 and Wildlife, the land acquisition or 6 whatever. 7 But right now I was just going to say that 8 in contrast to the two people who spoke ahead 9 of me, I do support the Parks and Wildlife 10 staff in their data. I support NMFS in their 11 data. I think that data is scientifically 12 correct. I happen to be a scientist myself, 13 and I believe that we should go for the 14 restrictions or new regulations as they have 15 been proposed prior to the modifications last 16 Friday. I'm very much for the five-mile 17 closure zone from May Fish Pass to the Mexican 18 border. Thank you. 19 CHAIRMAN BASS: Thank you. Mira 20 Williams, and if you think -- Ms. Suter if you 21 think I got your bad, I'd like you to hear what 22 I -- 23 MS. WILLIAMS: Well, that's just 24 okay. My name's Mina Williams -- 25 CHAIRMAN BASS: Mina. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 80 1 MS. WILLIAMS: -- and I have written 2 to you numerous times -- 3 CHAIRMAN BASS: Okay. 4 MS. WILLIAMS: -- but that's not 5 verbal. 6 Chairman Bass, Commissioners, Andy Sansom, 7 thank you. I have had to revise my whole 8 speech in the last 15 minutes, so I'm kind of 9 punchy. Here it goes. 10 I'm here from Corpus Christi because I'm 11 vitally interested in your final judgments 12 regarding the shrimping regulations. Thank you 13 for bring Drs. Gracia, Zimmerman, and Nance to 14 help us and to reassure us that the science is, 15 indeed, accurate and to warn us of future 16 trouble in the shrimping industry. I know that 17 you're struggling with complexities because 18 it's a complex issue; however, I encourage you 19 to consider very seriously adopting your 20 scientists' original recommendations. 21 This summer I have attended TPWD hearings 22 and served as a member of the shrimp working 23 group. I have watched as your biologists have 24 deleted or liberalized over 75 percent of their 25 original proposals. Whatever the future of the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 81 1 Texas shrimp industry is, I am primarily 2 concerned today with the present impact of that 3 industry on endangered species in the Gulf and 4 I'm proud to say it. 5 The stranding data concerning the 6 endangered Kemp's Ridley turtles make clear the 7 fact that shrimp trawls are, indeed, the chief 8 cause of sea turtle stranding. I don't have 9 time to tell you why, but I will tomorrow if 10 you want to know. A partial closure, though 11 better than none, will leave endangered animals 12 exposed to intense concentration of shrimp 13 boats in a newly opened area. Ironically, 14 opening in mid-July the area which has been 15 closed for the previous 7 1/2 months may well 16 result in a killing field for all living 17 creatures in shrimpers' paths. A southern 18 closure year around out to at least five 19 nautical miles would help the Kemp's Ridleys 20 whose secondary nesting site is our own Padre 21 Island -- we need to pay attention to that's 22 Texas -- while their primary nesting site is in 23 Mexico obviously. We know that. 24 Well, since less than 1 1/2 percent of the 25 dollar value of shrimp catch comes from the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 82 1 waters which would comprise the southern 2 closure, I appeal to you to consider it in its 3 original form. If you cannot see your way to 4 do that, at the very at least, expend the 5 summer opening to sometime in August and start 6 work immediately on a limited entry program to 7 limit the number of shrimp boats allowed to 8 fish in these waters during the open period. 9 As you're keenly aware, it is even yet 10 within your power to adopt your scientists' 11 original proposals. If you would do so, you 12 would reassure your many constituents that you 13 value their comments. Thank you. 14 CHAIRMAN BASS: Thank you, ma'am. 15 As long as I'm butchering names, I'm going 16 to go ahead and try this one. Reverend Joseph 17 Phamdustrinh? 18 Get that? 19 Yes, Ms. Vu. 20 MS. VU: He's not here now and he 21 asked me if I can have your permission to give 22 his speech. 23 CHAIRMAN BASS: Yes, I would allow 24 you to do that. 25 MS. VU: Oh, thank you. Thank you, ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 83 1 Mr. Chairman and -- 2 CHAIRMAN BASS: I might allow you 3 later to help me with some other names that I 4 can see they're from Palacios -- 5 MS. VU: Yes, sir. 6 CHAIRMAN BASS: -- but I'm not sure I 7 can -- I can understand the writing. 8 MS. VU: His title is Experiences 9 Sharing. I am Joseph Phamdustrinh, a 10 Vietnamese priest. For the last 25 years I 11 have been living among the Vietnamese fishermen 12 in Palacios, Texas. During that time I have 13 gather -- gathered some personal experience 14 concerning the harvesting of shrimp and crab 15 from the Gulf of Mexico, which I wish to share 16 with you today. 17 First, I want to tell you, that the 18 Vietnamese fishermen are ready to abide 19 dutifully to the regulations set up by the 20 Parks and Wildlife Agency, and ask latecomers 21 they are grateful to local fishermen who are 22 willing to share with them the bounty from the 23 sea. 24 That bounty has gone up and down. 25 Pollution mostly from factories along waterways ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 84 1 may have disastrous consequences. TED and crab 2 traps specification may hinder. But in the 3 long run, crops vary mostly with current 4 temperatures, rain, wind and so on. In other 5 terms, tantamount is the role of nature. 6 Weather can be fickle. El Nino can 7 influence profoundly atmospheric conditions. 8 So do hurricanes and other forms of air 9 currents. For example, if during the shrimping 10 season the wind blows mostly from the 11 southeast, the harvest may be plentiful; on the 12 contrary, if the southwest wind prevails, the 13 harvest may be meager. Rain that dilutes the 14 salinity of the sea and helps to keep the 15 waters in motion is decidedly a favorable 16 factor for shrimp growing in size. But who 17 can -- who on Earth can command weather? 18 So if the harvest from the sea is poor 19 this year, let us be patient. It may be 20 plentiful the next year. Don't hold the poor 21 fishermen who operate modest boats responsible 22 overfishing. Don't harass these people who 23 labor hardest among workers, who contribute a 24 sizable share to the Texas economy, and are 25 most liable to accidents often fatal. Perhaps ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 85 1 fishing with better return may bring in more 2 sportsmen and tourists, but local people who 3 are supported by local banks, business-related, 4 and sell their products to local consumers may 5 have priority. 6 If one insists on putting a finger on the 7 culprit of overfishing, I dare say that the 8 mammoth enterprises who deplete natural 9 resources in massive proportions on the high 10 sea is the villain. If their greed is 11 effectively curbed, the Gulf of Mexico is in 12 its generosity can feed many fishermen for 13 centuries to come. Thank you. 14 And I also due to the time and your 15 valuable time, these 88 signatures here that 16 signed a petition, I'd like to go ahead and 17 read the petition that they signed. 18 We people of the Texas Shrimp Industry 19 hereby request that the Commission does not 20 adopt any of the proposed regulations that 21 appear in the Texas Register. We ask you to 22 propose these proposed regulations until 23 science -- sound science can be done to prove 24 TPW's 18-month study, as well as the need for 25 further regulations. We feel this study is ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 86 1 unjust and based on unsound science. 2 Thank you. 3 CHAIRMAN BASS: Thank you, Ms. Vu. 4 If you'd give that to Ms. Estrada, we'd 5 appreciate it. Pam Baker. And Richard 6 Morrison, if you'd prepared to speak next. 7 MS. BAKER: Thank you, Commissioner, 8 Chairman, and other Commissioners. My name is 9 Pam Baker. I represent Environmental Defense. 10 I'm a fisheries biologist. We have about 11 12,000 members here in Texas. We work to find 12 economic solutions to environmental problems. 13 We appreciate the Department and the 14 Commission's effort to reduce the shrimp in -- 15 shrimp industries' overfishing and bycatch 16 damage. 17 Although implementing precautionary 18 measures is controversial, the Department's 19 mandate under the shrimp fishery management 20 plan is to prevent overfishing while achieving 21 the optimum yield of shrimp stocks. My three 22 comments are aimed to the final staff 23 recommendations presented in Mr. Sansom's 24 August 25th letter. 25 One, new rules may reduce overfishing and ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 87 1 bycatch overfishing. Overfishing of small 2 shrimp may be reduced with -- with new nursery 3 areas designations and by shortening the fall 4 bay shrimping season. Shrimp spawning success 5 may be improved by establishing closed 6 shrimping areas south of Corpus Christi and by 7 lengthening the winter Gulf closure. And 8 bycatch reduction devices together with area 9 and seasonal closures will reduce unwanted 10 shrimpers' unwanted catches of flounder 11 croakers and crabs. We are in favor or those 12 regulations. 13 Two proposed rules will have unintended 14 consequences. The proposal to restrict vessels 15 to two trawls in 130 feet of head rope is 16 near-shore waters is designed to reduce 17 shrimping effort. However, while certain 18 near-shore vessels will be displaced, bay and 19 gulf boats will quickly replace them. The 20 likely result will be steady or increasing 21 effort and little or no benefit to shrimper 22 bycatch. 23 The proposal to establish a closed 24 shrimping area south of Corpus Christi should 25 help reduce bycatch of sea turtles in the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 88 1 spring and summer months. However, we are 2 concerned that intense shrimping effort exerted 3 when the season opens will result -- result in 4 high strandings and increased chances for 5 federal intervention under the Endangered 6 Species Act. We strongly recommend that the 7 closed shrimping area be extended year around 8 to prevent a spike in sea turtle strandings. 9 Lastly, important problems still need to 10 be addressed. New rules and an expanded 11 license buyback problem can result in benefits, 12 but only temporarily because the rules do not 13 alter the basic incentive to shrimp as 14 intensively as possible before someone else 15 catches the available shrimp. To combat this 16 incentive, we urge alternative form of 17 management to allocate the harvest through 18 individual transferrable quotas. 19 We believe Texas Parks and Wildlife should 20 take the lead toward building a healthy shrimp 21 fishery in the Gulf of Mexico. 22 Thank you for considering our comments. 23 CHAIRMAN BASS: Thank you, 24 Ms. Baker. Richard Morrison. And Teri Shore. 25 Actually, I believe you spoke earlier, ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 89 1 Mr. Shore. No? I'm sorry if I'm confusing. 2 MR. MORRISON: Mr. Chairman -- 3 CHAIRMAN BASS: Be prepared to speak 4 next. And Richard Morrison. 5 MR. MORRISON: Thank you, 6 Mr. Chairman, Commissioners, Mr. Executive 7 Director. My name is Richard Morrison and I'm 8 here speaking on behalf of the Calhoun County 9 Shrimpers. My comments today are really based 10 upon the things that we've heard today from 11 kind of the independent scientists that were 12 invited to speak, specifically Dr. Gracia, 13 Dr. Nance, and Dr. Zimmerman. I want to first 14 speak about what Dr. Gracia said about the near 15 collapse of the shrimp fishery in Mexico and -- 16 and really analyze what he said there, why did 17 it happen and why is Texas different and why -- 18 why it's not going to happen in Texas. 19 First of all, the artisanal effort. The 20 bay shrimpers there were totally unregulated. 21 Texas is so different. The bay shrimpers in 22 Texas are already regulated by the regulations 23 that are currently in place. Dr. Gracia 24 explained that the shrimp were fully exploited 25 since 1970. Texas shrimp have not been fully ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 90 1 exploited since the early 1960s when the first 2 regulations were passed to begin to regulate 3 the shrimpers. And the last thing he said, or 4 another thing he said was that artisanal 5 fishing has full access. Well, once again, 6 Texas has limited access that we passed in 1995 7 that limits access to the bay shrimping 8 industry. 9 The second thing I want to talk about is 10 some things that Dr. Nance and Dr. Zimmerman 11 said. If you listen to their comments, what 12 they suggest to the Parks and Wildlife and to 13 you commissioners is that your current 14 regulations that you-all have been proposing, 15 and specifically that started in the early '90s 16 are a success. The CPU since the early '90s 17 has begun to rise. An effort has come down 18 some. 19 Now -- Now, think about that. In the 20 early '90s, the CPU started to rise. The early 21 '90s is when the current regulations that the 22 shrimpers have to deal with and that they do 23 deal with, that's when those went into effect. 24 Effort has come down some. We've had a 25 15 percent success in the buyback. That has ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 91 1 reduced effort. More buyback will reduce 2 effort further. 3 Give the regulations that are currently 4 present, give that a chance to work. They're 5 working already. We just heard Dr. Nance and 6 Dr. Zimmerman say that CPU is rising and effort 7 is down and that's what we're trying to get to 8 here. We're trying to get CPU to come up, 9 effort to go down. It's already happening. 10 The last thing I want to address is the 11 cost to the bay. Vice Chairman Dinkins brought 12 that up. The cost to the bay shrimpers. If 13 you'll read Dr. Nance's article about the 14 feasible of improving the economic return of 15 the Gulf of Mexico brown shrimp industry, 16 you'll see what Dr. Nance says in there, which 17 is if you postpone catching the shrimp in the 18 bay which allows those shrimp to grow and 19 get -- and escape to the Gulf, that's going to 20 allow the larger boats in the Gulf to catch 21 larger shrimp. That's going to be a big 22 economic benefit to the people in the Gulf and 23 it's going to be a huge economic detriment to 24 the bay shrimpers. It's in that peer-reviewed 25 article that Dr. Nance authored. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 92 1 MR. SANSOM: Thank you, 2 Mr. Morrison, your time is up. 3 MR. MORRISON: Thank you. 4 COMMISSIONER AVILA: Mr. Martin 5 (sic)? Mr. Martin? 6 CHAIRMAN BASS: Morrison. 7 COMMISSIONER AVILA: I have a 8 question. Do you have -- Do you have a number 9 for the economic impact to the bay shrimper on 10 that? 11 MR. MORRISON: I was going to get my 12 office to -- to fax me a copy of that article 13 so I could quote the numbers to you, 14 Commissioner, but it was -- I would -- I would 15 hate -- hate to quote and it be the wrong 16 number, sir -- 17 COMMISSIONER AVILA: Okay. 18 MR. MORRISON: -- but I can sure send 19 you a copy of that article. 20 COMMISSIONER AVILA: Okay. Thank 21 you. 22 MR. MORRISSON: Thank you. 23 CHAIRMAN BASS: Teri Shore. And 24 Janie Blevins, if you'd be prepared to speak 25 next. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 93 1 MS. SHORE: Good afternoon. My name 2 is Teri shore. I'm with the Sea Turtle 3 Restoration Project. We'll an international 4 conservation and advocacy group for sea turtles 5 and marine biodiversity in the United States 6 and around the world. 7 Good afternoon, Chairman Bass, 8 Commissioners, and Director Sansom. Appreciate 9 the time and effort that has gone into the 10 review of the shrimp regulations, and in 11 particular, I urge the Commission to vote 12 tomorrow to support the original proposals that 13 were made by Texas Parks and Wildlife 14 Department, in particular, the no shrimping 15 zone along the South Texas coast out to five 16 nautical miles. You have the science that 17 they've -- backs up these proposals. There's 18 little doubt about that. You have the public 19 support and Texas can also prove to be a leader 20 in protecting the biodiversity of their state 21 by adopting these measures tomorrow and not 22 waiting. In particular I would like to thank 23 Hal Osburn for his bold vision in these matters 24 and putting these issues on the table. 25 I would also like to show the Commission ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 94 1 an ad that we did, in fact, publish. For the 2 past two years, we have been asking 3 Governor Bush to intervene on behalf of the 4 endangered sea turtles and to create a marine 5 reserve, and we believe that these efforts have 6 resulted in the Department's proposal for a 7 no-shrimping zone. And this ad says, Will 8 Governor Bush save the sea turtles dying on 9 Texas beaches? And I'd just like to read a 10 little bit from this ad. It says, more 11 critically endangered adult Kemp's Ridley sea 12 turtles are killed on the Texas Coast than 13 anywhere else on Earth mainly because 2,000 14 shrimp boats are dragging their nets just off 15 Gulf coast beaches. 16 After careful study, the Texas Parks and 17 Wildlife Department has proposing -- has 18 proposed closing South Texas to shrimping near 19 shore. 20 And that's very important. And we hope 21 that if you do adopt these measures that we 22 will be able to announce this good news to the 23 press and to give Governor Bush his due, 24 because I do believe he's been involved in this 25 process as we go along. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 95 1 I also would like to invite you to stop by 2 the state capitol. We have on display more 3 than 100 pieces of artwork from children around 4 Texas and the United States who would really 5 like to see you do the right thing for the 6 Kemp's Ridley sea turtle and protect their 7 nesting area along the South Texas coast. And 8 I would like to distribute a press release and 9 information about the art contest for your 10 review. Thank you very much. 11 CHAIRMAN BASS: Thank you, 12 Ms. Shore. Janie Blevins, I see that you're 13 marked as wishing to observe only, but Wesley 14 Blevins would like to speak. So if that's 15 still the case, would Wesley please come 16 forward. And Pete Aparicio, please be prepared 17 to speak next. 18 MR. BLEVINS: Mr. Commissioner and 19 Chairman, my name is Wesley Blevins and I 20 represent the Calhoun County Texas Shrimpers. 21 In our area, which is San Antonio Bay, 22 Matagorda Bay, and Aransas Bay System, we have 23 probably the largest amount of closed waters in 24 the state in the bays. We already have our 25 areas in Heinzer's Bay, Mission Bay, Shoal ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 96 1 Waters St. Charles, Copano, Powderhorn Lake, 2 Turtle Bay, Chocolate Bay, Keller's, Cox's, 3 Barroom, Pat's Bay, Pringle Lake, Twin Lakes, 4 Tyler Lake, Cedar Lake, Panther Point Lake, 5 Sundown, McMullen, Large Boggy, and Carancahua 6 Bay, 30 miles of Victoria Barge Canal, and all 7 the waters of Lavaca Bay north of Highway 35 8 and the freshwater inflow in our bays is real 9 important, and we need to get some of that 10 changed. Parks and Wildlife can help us. 11 And I'll go on. Areas closed by Texas 12 motr and Wildlife are all imaginary boundaries, 13 and in San Antonio Bay, the line would be five 14 miles long. How would this be enforced? 15 Industry knows problems with nonenforcement 16 laws that pertain to the shrimp limited entry 17 program. If enforced, shrimp production would 18 go down, and the problem is industry knows what 19 if problem is. TPWD knows what the problem is 20 for the last four years. All the paper-sliding 21 and everything else that's gone on on the 22 boats. Illegal upgrades and get down to the 23 bycatch reduction devices are nothing but 24 porpoise-feeding devices is all they are. And 25 why punish one side of the industry and let the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 97 1 other side of the industry target to buy a 2 catch, which is the Atlantic croaker? 3 And see I still got some time left. And 4 also, we feel that that $300 increase on our 5 license is totally unfair. Gulf shrimpers is 6 only going to have one increase, which is $100 7 on Gulf licenses, but the bay shrimpers, they 8 buy all three license: They bait, bay, and 9 Gulf, and we already spend over about 10 1300-and-something dollars a year on licenses, 11 and we feel like that you-all should look at a 12 lot of that. 13 And we're totally against all of these 14 proposals. And we had a talk with some of the 15 TSA members outside and there was a remark 16 made earlier that TSA supports all of the 17 regulations that's against the bay. That's not 18 so. 19 And anyhow, we would appreciate it if 20 you-all would really look into all of this 21 stuff. And that's all about I got right now. 22 Thank you. 23 CHAIRMAN BASS: Thank you 24 Mr. Blevins. Pete Aparicio. And Thomas 25 Lambright if you'd be prepared to speak next. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 98 1 MR. APARICIO: Thank you, 2 Mr. Chairman, members of the Commission. I 3 want to thank you for allowing me to address 4 the Commission. My name is Pete Aparicio. I 5 live I Victoria, Texas, and for 28 years I've 6 been involved in the commercial shrimp business 7 operating in the Gulf waters only. I'm also 8 chairman of the Shrimp Management Committee of 9 the Gulf of Mexico Fishery and Management 10 Council. Members of that committee include all 11 but one of the five state's fishery directors 12 and including our friend, Hal Osburn, from our 13 own state. It also includes the -- the 14 executive director of the -- or the director of 15 the south -- southeast region of the National 16 Marine Fishery Service. 17 I will repeat once again that the health 18 of the shrimp stocks is excellent throughout 19 the Gulf and in Texas contrary to the false 20 premise upon which the proposed regulations are 21 based. 22 I want to direct my remarks at an area 23 that has not been visited, at least to the 24 extent that it should have, and that is the 25 economic impact on these changes, that these ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 99 1 changes will have on our coastal community. 2 I remind -- I want to direct -- I begin by 3 reminding all that the Texas Parks and Wildlife 4 Department was created, empowered, and is 5 funded by the taxpayers of the state of Texas 6 and not by any of the proponents and/or 7 supporters of any of the proposals; not by the 8 Sierra Club, not by the Gulf Restoration 9 Network, not by HEART, not by Earth Island 10 Institute, nor by any other environmental 11 organization and not by the CCA. It then 12 follows in my opinion that the management of 13 the -- of the fishery resources should be for 14 the benefit of these taxpayers and not the 15 organizations based in San Francisco and 16 elsewhere that contribute zero, but want to 17 be -- benefit from our coastal areas and from 18 public money to establish their pet projects. 19 These regulations will impact only the 20 commercial shrimp fishing industry. If 21 shrimp -- shrimping areas are closed or reduced 22 it will negatively affect the industry's 23 ability to provide the tax dollars needed to 24 sustain the communities in which they live. 25 The commercial shrimp boats are, with very ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 100 1 exceptions, the only vessels in Texas which pay 2 property taxes. This can be as high as $10,000 3 per vessel per year. These taxes are paid the 4 city, county, navigation districts and school 5 and hospital districts. As I speak, the only 6 hospital west of the Colorado River in 7 Matagorda County in Palacios is about to 8 close. Probably tomorrow will be the end of 9 it. And I wonder if there's anything in the 10 proposals that might help these taxpayers in 11 that community. Do the proponents of these 12 changes even care? The city of Palacios 13 receives of 25 percent of its total tax 14 revenues from the ship boat and port 15 operations. Without this revenue, the future 16 looks bleak for this and other fishing 17 communities. It is also noteworthy -- 18 MR. SANSOM: Thank you, Mr. Aparicio. 19 MR. APARICIO: I'm sorry? 20 MR. SANSOM: Thank you very much. 21 MR. APARICIO: Okay. 22 CHAIRMAN BASS: Thank you, 23 Mr. Aparicio. 24 MR. APARICIO: I'd like to give you 25 this. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 101 1 CHAIRMAN BASS: Yes. Please do. 2 Thomas Lambright. And James Davenport, if 3 you'd be prepared to speak next. 4 MR. LAMBRIGHT: Commission, I'm 5 Thomas Lambright. I'm a bay and gulf shrimper 6 from Port O'Connor and I'm here representing 7 the -- representing the shrimpers from Calhoun 8 County, and I was a little bit upset wherever 9 we -- we found out that we wouldn't get to 10 speak before the Regulations Committee this 11 morning. Calhoun County had no one 12 representing us at that commission meeting this 13 morning, we're part of the system whether 14 you-all realize it or not, and not -- I was a 15 little upset and so was some of my people from 16 down there. 17 My main point that I want to make is we're 18 against all these regulations, which I think 19 you already know that, Mr. Osburn and 20 Mr. Sansom and them do. And my main point that 21 I want to make is on these bycatch reduction 22 devices. You've got a deletion in there for 23 bait boats, that they don't have to pull the 24 bycatch reduction device. 25 And under federal law, they don't have to ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 102 1 pull a turtle shooter providing they don't have 2 over 32 pounds of shrimp, dead shrimp on the 3 boat. As long as they kind of keep everything 4 alive, in a live condition in live bait boxes. 5 They don't have to pull a turtle shooter, 6 and now the state is going to give them the 7 opportunity not to pull a bycatch reduction 8 device. Now, what's the difference bycatch 9 reductions -- a bycatch if I catch it and 10 bycatch if they catch it? 11 You're going to -- You're going to let the 12 bait shrimpers not pull a bycatch reduction 13 device so that they can target the Atlantic 14 croaker to sell to the tourists, but you're 15 going to make me as a commercial shrimper pull 16 one so that I can release this Atlantic 17 croakers and the bycatch, you know, so that 18 they can target it. 19 I mean, that makes a -- I think 20 Mr. Collins with the TSA said this at the -- 21 our April meeting and it makes a lot of sense. 22 You know, we got turn these fish loose so the 23 other people can catch them and sell them to 24 the tourists. Now, where's the justification 25 in that? And it makes no sense to me at all. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 103 1 You know, if I got to call a bycatch 2 reduction device and release a bycatch -- And I 3 don't want the bycatch. That creates my -- my 4 labor. It creates more work on my boat. It 5 creates more strain on my equipment and all 6 this kind of stuff. 7 I have a bycatch reduction device and I 8 can put it in in five minutes. You know, if I 9 get in fish where they're so bad that I can't 10 handle them, I'll put the bycatch reduction 11 device in. And they work. Yeah, I lose 12 shrimp, but the thing is don't be telling me 13 that I got to pull a bycatch reduction device 14 and the bait shrimper doesn't have to pull 15 one. I'm going to release these croakers and 16 bait fish so that he can go target them. 17 You know, where's the -- where's the 18 quality, or, you know, the justification for 19 this law? There is none. You know, if we've 20 got to all reduce bycatch and -- and try to 21 conserve this stuff, we need to all pull them, 22 you know, and not just -- Don't -- Don't pick 23 on one sanction -- faction of the industry. 24 You know, let's -- let's do it equally for 25 everybody. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 104 1 And the other thing is, like Mr. Blevins 2 said, we have the largest amount of sanctuaries 3 in Calhoun County, in Matagorda County, and 4 neighboring Aransas County. And whenever this 5 was put in, I can't remember normal the year 6 that it was put in, I was instrumental in 7 getting this done. I was instrumental in 8 getting Powderhorn Lake, Lavaca Bay, 9 Carancahua, Keller's Bay, Cox Bay, Chocolate 10 Bay, and all of them closed -- 11 MR. SANSOM: Thank you, sir. 12 MR. LAMBRIGHT: -- because I felt 13 like -- Thank you. 14 CHAIRMAN BASS: James Davenport. And 15 Sinclair Oubre, if you'd be prepared to speak 16 next. 17 MR. DAVENPORT: Thank you, 18 Mr. Chairman, Ladies and gentlemen of the 19 Commission, Mr. Sansom, I'm James Davenport and 20 I come here representing the Calhoun County 21 Texas Shrimpers. Commissioners, Chairman, I 22 worry about this bycatch. We listen to motr 23 and Wildlife. We're catching they say four 24 pounds of bycatch to one pound of shrimp. 25 Well, generally, we as an industry, we are ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 105 1 concerned. You-all told us years ago we need 2 to be worried about bycatch. Well, we got 3 worried about it. We've been working on it. 4 We have an ongoing of John O'Connor from 5 Texas A&M. It's been going on for -- since 6 1997, '98. He comes up -- to take it, short he 7 comes with the spring and fall season with the 8 total of -- of 1.5 bycatch. The total of it 9 is .98 bycatch to one pound of shrimp and .47 10 of other inverts. So there is a difference. 11 One -- one point in here I'm trying to 12 make you is the study that motr and Wildlife 13 done, that's not so all the time. Things 14 change. Things change. It's not -- It's not 15 every day that we catch four pounds. This is 16 two-year study here, and it's ongoing now still 17 today. We plan on keeping it going. We praise 18 John O'Connor for his time and Texas A&M. 19 Okay. I would like to say that we are -- 20 you already heard -- we are against every -- 21 everything on this proposal. 22 I'd like to say something about the -- the 23 license increase. I was up there at the 24 meetings in Lake Jackson and I did bring this 25 up. Why -- Why -- Why make us, as Mr. Blevins ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 106 1 said, you know, we're paying -- we're paying 2 already 1300-something dollars and you're going 3 to add $100 in the next five years. That's 4 quite a bit of difference, you know. We got a 5 burden now in the bay we're so restricted. 6 But the federal government has money back 7 there for -- for buyback programs and in 8 New England, they gave $130 million. And in 9 Washington state, they gave $12.8 million. In 10 Alaska -- I'm sorry. Yeah, it's Alaska 11 $130 million and $24 million in New England. 12 So there -- There is -- The government supports 13 buyback program. They go as far as say the 14 buyback program does not work unless it 15 prohibits boat -- prohibits boats from entering 16 the -- the fishery. Well, that's what our 17 buyback program does. It is working, ladies 18 and gentlemen. It is working. 19 I feel like we're doing our share as the 20 industry. I really believe we do. I would 21 like -- I would like to sit here and say, point 22 to somebody and say, Hey, you're the problem of 23 this -- of this issue. It's not that way. 24 Everybody causes a problem. When you get in 25 your car, crank it up, you cause a problem. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 107 1 When we go out and vote, sure, we cause a 2 problem. 3 Okay. I'm out of time. I look forward in 4 speaking to you-all tomorrow. Thank you for 5 your time. 6 CHAIRMAN BASS: Thank you. Sinclair 7 Oubre, Port Arthur? I'm know I'm getting this 8 name wrong. 9 C.L. Standley. I got that one right. And 10 let's see. If Benny Gallaway would be prepared 11 to speak next. 12 MR. STANDLEY: Thank you, 13 Mr. Chairman, members of the Commission, my 14 name is C.L. Standley. I'm chairman of the 15 Shrimp Advisory Committee. I've got the blue 16 book and a stack of cards and I'm not going to 17 speak from either one. Something that's been 18 discussed and batted around and I want to point 19 out from a different perspective and that's 20 the -- regarding the sea turtle issue. 21 The Texas Gulf Shrimp Fishery is estimated 22 it's costing that industry approximately 23 $35 million per year to pull turtle excluder 24 devices. In the bay we don't have a figure 25 that we've arrived at, but it's probably ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 108 1 percentage-wise somewhat comparable in relation 2 to the catch. But the industry is pay he price 3 for it. Other user groups are not. 4 Nation Marine Fisheries has on file -- I 5 was told this by a National Marine Scientist 6 ten years ago and is verified within the last 7 few weeks by other agency personnel -- they 8 have on file information buried very deep, but 9 it's there that the Recreational Fishery is 10 responsible for more strandings of turtles 11 along the Texas coast than all other stranding 12 sources, including shrimp trawls combined, and 13 that number may be twice the standings. That's 14 National Marine Fisheries' figures. It's not 15 something I'm pulling out of the air. Now, 16 laying your hands on it might not be that easy, 17 but it's there. I don't know if I'd know how 18 to find it, but there are people that are. 19 But that's one of the things that is being 20 ignored by a number of people. And a statement 21 this morning that every -- every group that 22 contribute to a problem should bear some 23 responsibility for it, well, if this -- this is 24 the case, then we're closing waters to protect 25 the sea turtle, then should it not be closed to ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 109 1 all the user groups that contribute to the 2 problem? 3 And I would say the same thing to nursery 4 areas, that nursery areas in the bay are just 5 that, and they're not nursery areas for just 6 shrimp, they're nursery areas for other things, 7 also, and should it not be considered as a 8 reason to shut those areas down to other 9 activities that are impacting them, also. 10 Thank you. 11 CHAIRMAN BASS: Mr. Standley, could 12 you clarify something for me? You reference 13 that -- that NMFS has data relating to 14 recreational strandings of -- of -- 15 MR. STANDLEY: Yes, sir. That's -- 16 That -- 17 CHAIRMAN BASS: -- turtles. Can you 18 tell me -- 19 MR. STANDLEY: That's what I -- what 20 I've been told. I have not seen the data. 21 That's what I've been told by their 22 scientists -- 23 CHAIRMAN BASS: Okay. So -- 24 MR. STANDLEY: -- that it is 25 available. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 110 1 CHAIRMAN BASS: And can you tell me 2 who in NMFS has told you this? 3 MR. STANDLEY: Well -- Oh, ten years 4 ago? No, sir. I couldn't for sure. 5 CHAIRMAN BASS: Okay. Thank you. 6 MR. STANDLEY: Thank you. 7 CHAIRMAN BASS: Benny Gallaway. And 8 Joseph Vu -- Vu, if you'd be prepared to speak 9 next. 10 MR. GALLAWAY: Mr. Chairman, members 11 of the Commission, I thank you for allowing me 12 to speak. I'm Benny Gallaway. I have a Ph.D. 13 from Texas A&M University. For the last 14 26 years, I've been president of a private 15 ecological consult -- consulting company. I 16 have some 99 publications in the peer-reviewed 17 literature. For the last six years I've worked 18 on bycatch, sea turtle and red snapper in 19 particular issues in the Gulf of Mexico. My 20 paper on bycatch reduction device is published 21 in the Journal of North American Fisheries 22 Management was voted best paper in the Journal 23 for 1999. 24 I advise Texas Shrimp Association on 25 biological issues. I do not make policy or ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 111 1 recommend policy to them. I consult with 2 them. I came to this meeting as an observer, 3 but after hearing the presentations this 4 morning, felt like I might say a few words, and 5 you give me the opportunity so I'll do it. 6 You heard the -- It appears that there is 7 consensus that there is growth overfishing on 8 Gulf of Mexico shrimp stocks, and as yet, there 9 is no recruit overfishing that -- I heard 10 agreement between both the state and the 11 federal government on that issue. 12 There's a couple of things you need to 13 consider and questions you should be asking, in 14 my opinion. First of all, you have to consider 15 the shrimp stocks in the Gulf of Mexico as a 16 single stock. You can't index the status of 17 that stock with fisheries' independent data 18 from one part of the range. You have to look 19 at the whole -- the whole stock, as does 20 National Marine Fishery Service in its stock 21 assessment. 22 The questions I think you should be asking 23 is, Okay, we've got growth overfishing. Where 24 are we relative to recruit overfishing and 25 which direction are we headed? It seems a ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 112 1 reasonable question. That question is answered 2 in the NMFS stock assessment. The -- Your -- 3 When I asked Dr. Nance, How far are you away 4 from that, he said, Far. 5 I said, How far? 6 And he said, Well, look at the 7 numbers in the stock assessment. 8 The numbers in the stock assessment 9 show that by a factor of two to 2 1/2 below the 10 level that would be considered the recruit 11 overfishing threshold. There's not an 12 urgency. The stock is not in imminent danger 13 and collapse. Which direction are we headed? 14 Growth overfishing is signified by a 15 combination of two things usually: One is 16 declining size in the catch and declining 17 catch per unit of effort, those two things 18 declining. Catch per unit effort over the past 19 ten years has been increasing, as you heard, 20 and is reflected in the stock as a whole in 21 those data. Size has stabilized. So we're not 22 moving towards recruit overfishing based upon 23 those data and that definition of overfishing. 24 The next thing I'd like to share with you 25 I don't think I'll have time, but I'm do it ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 113 1 anyway. In 1994, I propose a gear restriction 2 proposal for near-shore zone for Texas as a 3 solution to the sea turtle stranding problem. 4 MR. SANSOM: Thank you, sir. Your 5 time is up. 6 MR. GALLAWAY: And we'll talk about 7 it tomorrow afternoon. Thanks. 8 CHAIRMAN BASS: We'll be here. 9 Joseph Vu? Not -- Not going to speak? 10 Okay. Thank you. 11 Charles Burnell, Brownsville? Russell 12 Knight (sic), Port Aransas. 13 MR. MIGET: Here. No Charles? No 14 Charles? 15 CHAIRMAN BASS: No Charles. Russell 16 Knight. And if Jose Ramirez will be prepared 17 to speak next. 18 The floor is yours. 19 MR. MIGET: Thank you, Mr. Chairman. 20 My name is Russell Miget. I won't spell -- 21 CHAIRMAN BASS: I'm sorry. 22 MR. MIGET: -- write very well 23 either. 24 I, for the last 25 years, have worked for 25 Texas A&M as a -- marine advisory program as a ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 114 1 fishery specialist, environmental quality 2 specialist, but I want to make it clear today 3 that I'm here speaking for myself, certainly 4 not for Texas A&M or the extension service or 5 advisory service, but I feel those experience 6 perhaps gives me some insight. 7 I guess we should have done a thing in 8 tandem here. You know, because this has been a 9 work in progress, what I was going say because 10 about the time you're prepared to say 11 something, somebody else already said it. 12 So basically what I want to do is, you 13 know, first of all reemphasize that -- that I 14 was delighted to hear the National Marine 15 Fishery Service people say what we've said in 16 public testimony, which by the way, you have my 17 public written testimony from the Bay City 18 Public Hearing, what we've been saying all 19 along and that is that -- that there is not a 20 recruitment overfishing problem in shrimp. 21 Now, what came up today was is -- is 22 there -- First of all, in my mind is there 23 growth overfishing? A colleague of mine 24 just -- just said there's a consensus on that, 25 and that's kind of what I want to address here ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 115 1 today. And -- And if there is, does that, in 2 fact, lead on sort of a continuum into 3 recruitment overfishing and I think there's 4 certainly biological question there as well. 5 Now, if you listen to the -- our colleague 6 from Mexico, certainly if we allow small mesh 7 nets to be stretched across every inlet and 8 pass in the state of Texas, we're going to have 9 a growth overfishing problem that leads to a 10 recruitment overfishing problem. That's not 11 the case. 12 What I would like to -- to talk about just 13 briefly and start out and just, if I could, 14 with your indulgence read you a quick 15 definition out of a fishery book here on growth 16 overfishing: A level of fishing in which young 17 recruits entering the fishery are caught before 18 they grow to an optimum marketable size; a 19 level beyond that required to maximize yield in 20 (our value per recruit). 21 And I read this to you because it's very 22 important because, you know, we've -- we've 23 heard comparisons of the shrimp fishery, you 24 know, being compared with the cod, collapse of 25 the cod fishery. Well, shrimp are very ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 116 1 different. There's one-year life cycle and so 2 forth. 3 And I'm running out of time, and what I 4 really wanted to tell you, aside from the fact 5 that you need to sort out that kind of growth 6 overfishing is that a study that we've just 7 initiated a year ago with about 50 vessels from 8 the Valley where they've actually turned over 9 their financial records to us where we're 10 looking at the cost of producing shrimp 11 indicates that in the Gulf of Mexico over a 12 12-year period, it costs about 90 to 95 cents 13 to produce a dollar's worth of shrimp. 14 That's -- Those are the numbers we have. 15 We've moving up the coast. We're going to move 16 around the coast. The point is, you know, I -- 17 I -- I beg you-all to -- to look at these 18 proposed regulations based on the facts, not on 19 hearsay, not on sound bites, not on too many 20 shrimp. 21 MR. SANSOM: Thank you, sir. Your 22 time is up. 23 COMMISSIONER ANGELO: Excuse me. Was 24 that 95 cents to catch a dollar's worth? 25 MR. MIGET: Yes, sir, that's ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 117 1 correct. Yes, sir. Thank you. 2 CHAIRMAN BASS: A 5 percent margin. 3 Jose Ramirez. And Caroline Beltran, if you'd 4 be prepared to speak next. 5 MR. RAMIREZ: Mr. Chairman, members 6 of the Committee, my name is Jose Antonio 7 Ramirez. I live in Tampico, Mexico, having 8 been involved in the shrimp industry for ten -- 9 thirteen years as a second generation 10 shrimper. My father was president of the 11 Shrimp Association of the Americas, 12 participated in the business since 1950. I've 13 had the honor twice to preside the National 14 Industrial Fisheries Chamber of Mexico and have 15 been a local congressman. 16 Back in 1992, following the passage of a 17 new federal fishing law by congress in Mexico 18 private capital reentered the exploitation of 19 shrimp. Along with our preoccupation to invest 20 in new technologies in fishing vessels came our 21 great concern for proper management of 22 commercial shrimp fishing. 23 It was evident at the time that there were 24 serious threats to shrimp fisheries both along 25 the gulf and Pacific coast mostly emanating ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 118 1 from a very lax approach by the Mexican 2 government to resource management and an almost 3 nonexistent law enforcement. For example, 4 successful shrimp fishing grounds in the state 5 of Campeche were nearly depleted due to illegal 6 fishing by thousands of small boats using very 7 aggressive drift nets. Mr. Adolfo Gracia, a 8 good friend of mine, had done extensive 9 research in the area at the time and can attest 10 to this. 11 As an example of the poor management and 12 low -- and poor law enforcement procedures by 13 our government, 700 permits were issued at the 14 time for these small boats and nearly 5,000 15 were operating. Landings are down to about 16 500,000 pounds year and that's mostly due to 17 poaching. 18 We knew in 1993 that if our investment was 19 to have any chance for long-term success, 20 strict management and law enforcement measures 21 needed to be imposed. Closures had been in 22 practice on the Pacific Coast and we also saw 23 the experience of the Texas closures at the 24 time. 25 Therefore, in 1993, we requested the ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 119 1 Mexican federal government to establish three 2 resource management measures. One was the 3 two-month closure on commercial fishing along 4 the Veracruz and Tamaulipas to coincide as much 5 as possible with the Texas closure on brown 6 shrimp. The second one is a permanent closure 7 from zero to five fathoms along the whole coast 8 of Mexico. And the third one is the closure of 9 a 50-mile strip along the Yucatan Peninsula to 10 prevent the small boats from catching juvenile 11 shrimp. 12 Due to our insistence on strict law 13 enforcement the initial results of these 14 closures were very evident with a recognizable 15 increase in landings of brown shrimp. However, 16 do you to political considerations, law 17 enforcement was purposely lax on illegal 18 fishing from small boats and it remains so 19 until today. 20 During the past five years, law 21 enforcement has been poor, and in some cases, 22 nonexistent. In general, the production of 23 shrimp in the Gulf of Mexico for our fleet is 24 steadily dropping. In the lagunas and along 25 zero and five fathoms zone thousands of small ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 120 1 boats continue to practice illegal fishing. As 2 an example, to date there are 2500 permits 3 allowed Laguna Madre for charangas, which is a 4 fixed net -- a fixed net device. There are 5 more than 5,000 operating along with dragging 6 in the Laguna and the use of butterfly-type 7 nets at the mouth of the channels. 8 Importantly, the quality of data collected 9 is very poor. What I'm trying to say is that 10 the collapse of the fisheries in Mexico is due 11 to a nonexistent law enforcement effort. In my 12 opinion, although on paper the conservation and 13 law enforcement measures in Mexico look very 14 much in line with responsible fishing 15 technol -- philosophy, in practice, the story 16 is different. 17 I recommend that the Mexican experience 18 not be used as any sort of benchmark for the 19 implementation of -- 20 UNIDENTIFIED SPEAKER: That light has 21 been on -- 22 MR. RAMIREZ: -- shrimp management 23 measures. 24 UNIDENTIFIED SPEAKER: -- over a 25 minute. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 121 1 MR. SANSOM: Thank you, Dr. Ramirez. 2 COMMISSIONER ANGELO: I'd like to 3 hear -- 4 UNIDENTIFIED SPEAKER: Everybody 5 should have the same amount of time. 6 MR. RAMIREZ: In essence, what we 7 have done by insisting on the implementation of 8 such conservation measures is to create 9 exclusive fishing areas for poachers, placing 10 the commercial shrimp fishing fleet at a 11 tremendous disadvantage and near the point of 12 collapse. Thank you. 13 VICE-CHAIR DINKINS: Thank you, 14 Mr. Ramirez. Caroline Beltran from 15 Port Isabel? Maria Delgado from Port Isabel? 16 Philip Lara? Guadalupe Lopez from Port 17 Isabel? 18 MR. LARA: I'd like to talk to you 19 guys about -- 20 VICE-CHAIR DINKINS: Would you 21 introduce yourself, please. 22 MR. LARA: I'm Philip Lara out of 23 Corpus Christi -- 24 VICE-CHAIR DINKINS: Thank you. 25 MR. LARA: -- and the owner of Bay ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 122 1 King Seafood. I'm a commercial shrimper, 2 commercial fishermen, I'm a wholesaler, I'm a 3 retailer. I'm 38 years old. I've got a wife, 4 I've got three kids, and I'm knee deep in this 5 business. I made the comment jokingly to my 6 wife today, should I wear a suit or come as I 7 am, come to you as I am? 8 We talk about endangered species and I 9 want you guys to take a good look at me. I'm 10 the endangered species. I'm the man that's on 11 the way out. 12 Mr. Watson, I've had the honor of having 13 you on my boat before. You and Hal Osburn were 14 on my boat before. We looked at bycatch that 15 was on my boat the day I came in. Our nets 16 fish clean. If you set your net to fish right, 17 you have no bycatch. In sampling of you guys 18 to get the data, you use no tickler chain. We 19 shrimp with the tickler chain. It's very 20 important where a tickler chain is at. I run 21 my tickler chain maybe three times a day 22 because it stretches, but the data that you 23 have has been told many a times that it's not 24 the actual data that we have. The truth of the 25 matter is is that we're in the best shrimp year ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 123 1 that we have. The Gulf is doing great, and it 2 seems like, you know, we're pinpointing one 3 single user group. If we want to close down 4 the beach during a season let's close it down 5 to seismographic, let's close it down to 6 traveling on the high -- on the beach with the 7 vehicles, let's close it down to the tourists, 8 let's close it down to the construction, let's 9 close it down to everything, you know? 10 If you want a bycatch device on my big 11 net, why are we allowing a croaker run or a 12 golden croaker season to be expanded? We 13 talked about that already. 14 I did my own experiment. I don't know if 15 you-all believe it or not, but I tied a bag 16 onto my -- my fish shooter. I have a fish 17 shooter on my net prepared for when we finally 18 get into fish. I get nothing but shrimp inside 19 that every single time. 20 You talk about license increase. Your 21 license increase is going to kill me. I'm 22 proud to say I'm the first man that just 23 transferred a finfish license into my name and 24 I've worked with the legislation and they have 25 common sense, and you do, too, you guys ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 124 1 understand. But the point that I'm saying here 2 is we talk about an increase in license fees, 3 okay? As many licenses as I hold, I'm not 4 going to be -- I won't say afford it. I won't 5 be able to simply buy health insurance. Right 6 now my wife is sick. I have no health 7 insurance. I'm stuck. I make too much for 8 Medicaid. I don't make enough for health 9 insurance. I'm stuck. I'm stuck in a Catch-22 10 situation and I ask you guys to do what the 11 Shrimp Advisory said, let the system work the 12 way it did. It said, Let's take a break, let's 13 look back at it. Caught us at our busiest 14 season. God know how much money I'm losing 15 today just being here. 16 But you know what? I believe it works 17 because I believe that the finfish bill changed 18 in a way that was made workable. When we first 19 started this program, Hal Osburn told us 20 five-gallon bucket of dead bait will all you'll 21 be allowed on the boat. Then we went to, well, 22 you can keep them all dead and ice them down. 23 Now we're back to half live, half dead. That's 24 more work on motr and Wildlife to enforce that 25 law. We don't have the problem that Mexico ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 125 1 has. We don't have people going out there 2 overfishing -- 3 MR. SANSOM: Thank you, 4 Mr. Lara -- 5 MR. LARA: -- we have limited 6 place -- 7 MR. SANSOM: -- your time is up. 8 MR. LARA: Any questions? 9 VICE-CHAIR DINKINS: Thank you, 10 Mr. Lara. 11 Guadalupe Lopez? Iva (sic) Go from 12 Brownsville? Ellis Gilleland? I'm sorry. Did 13 I skip past you? 14 MR. GO: Am I next? I'm Ivo Gogo. 15 VICE-CHAIR DINKINS: Ivo. Sorry I 16 mispronounced -- 17 MR. GOGO: That's all right. 18 VICE-CHAIR DINKINS: -- that. Thank 19 you. 20 MR. GOGO: Good afternoon. Thank you 21 for letting me speak before this Commission. 22 My name is Ivo, president of Campeche Seafood 23 products based in Brownsville, Texas. For more 24 than 30 years our company has purchased and 25 marketed and Gulf shrimp from Texas and ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 126 1 Mexico. We sell to restaurant chains, grocery 2 chains, food service distributors located in 3 this state and throughout the nation. 4 I would like to address the economic and 5 shrimp marketing impact of the Southern Zone 6 proposals. Specifically I would like to take 7 issue with the deferred harvest of small shrimp 8 to a larger more valuable shrimp size which is 9 stated in the Texas Register. The consequences 10 of this theory will be very disruptive. 11 The deferred harvest theory of shrimp 12 statement fails to consider what the market 13 demands. By eliminating much of the volume of 14 medium- and small-sized shrimp, you would be 15 depriving the majority of the consumers the 16 opportunity to purchase Texas Gulf shrimp. 17 I heard several car analogies today. I 18 heard one this morning. I'd like to offer one 19 as well regarding the deferred harvest theory. 20 It would be like telling General Motors to stop 21 producing Oldsmobiles and switch the production 22 lines to larger more valuable cars. The only 23 problem is the majority of consumers cannot 24 afford to buy Cadillacs. 25 Grocery store chains buy approximately ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 127 1 40 percent of all shrimp in the United States 2 market. Sixty to eighty percent of what they 3 buy are concentrated in the medium- and 4 small-sized categories. A substantial amount 5 of these sizes are harvested in the proposed 6 Southern Zone -- Excuse me. There is a 7 substantial of these sizes that are harvested 8 in the proposed southern zone, not just 9 2 percent as indicated by NMFS. That 10 information tells me that the data is grossly 11 understating the situation. It needs to be 12 better researched. 13 Our five gulf boats and many others that I 14 buy from traditionally fish that lower zone. 15 Without adequate volume of these sizes, many 16 customers will have to look to expensive 17 imports that do not offer the distinctive Gulf 18 flavor of Texas Gulf shrimp. This will -- this 19 will create the potential for many grocery 20 store chains and food service distributors to 21 realign themselves with foreign producers that 22 adequately supply all of the market sizes. 23 Customer resistance begins when the sizes 24 run larger than a medium-size shrimp. The sale 25 of shrimp must compete effectively against ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 128 1 other proteins, such as beef, chicken, and pork 2 which all retail for or substantially less. 3 Only medium- and small-sized shrimp categories 4 will achieve the necessary price points that 5 customers can afford. Let's not implement this 6 proposal that only markets to the select few. 7 It is important to have the whole mix of sizes, 8 otherwise market corrections will occur much 9 sooner, thus reducing any net gain realized. 10 Medium- and small-sized shrimp have played an 11 important role in providing a stabilizing 12 presence with X -- presence with X vessel 13 prices because it maintains stronger buyer 14 interest since there is much more of a size 15 spectrum. 16 Other problems associated with these seven 17 zone proposals are the failure not to consider 18 the loss of cash due to privation inside the -- 19 MR. SANSOM: Thank you, sir. Your 20 time is up. 21 MR. GOGO: -- proposed zone. 22 And I'll see you tomorrow. Thank you. 23 VICE-CHAIR DINKINS: Thank you. 24 Ellis Gilleland. And next up is Kristin 25 Miller. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 129 1 MR. GILLELAND: My name is Ellis 2 Gilleland. I'm speaking for Texas Animals, 3 which is an Internet animal rights 4 organization. The first comment I'd like to 5 make is taken from the Sunset Commission 2000 6 for Texas Parks and Wildlife. The Sunset 7 Commission Issue 3 says -- it says, The Texas 8 Parks and Wildlife Commission uses an unusual 9 committee structure that inadvertently limits 10 public input to its decision. Well, it's not 11 inadvertent. You do it deliberately. I asked 12 to speak at the committee meetings. I've asked 13 as far as five or six years ago to speak at 14 your committee meeting. I've been turned 15 down. 16 The part of the Sunset Commission says in 17 their summary -- and this is their 18 recommendation -- require the Texas Parks and 19 Wildlife Commission to accept public input 20 before voting on major decisions, whether in 21 committee or as a full commission. So I ask 22 you to do that by rule and no need to wait for 23 legislation. Let the public have input before 24 you make your decisions. 25 And your committee meetings, the second ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 130 1 comments have to do with the shrimp pro -- 2 proclamation, and in answer partly to the man 3 that had been -- testified here had been 4 shrimping for 40 years and the lady that had 5 the article in the newspaper this morning, 6 Austin American Statesman, I'd like to say to 7 the shrimpers and to that lady there's no 8 God-given right for them to extract their 9 livelihood from the Gulf of Mexico and kill 10 turtles. There is no God-given right for them 11 to do that, so they can't come here and demand 12 that the state give them that right. 13 The state has no right by law or any other 14 obligation to support these people by giving 15 them a livelihood by dragging turtles, killing 16 turtles, and by way of catching shrimp. That 17 is not true and you have no obligation, there's 18 no monkey on your back to give these people the 19 livelihood that allows them to continue to kill 20 turtles. 21 They all want to take. Where is the 22 person that wants to give? Not one of these 23 people, every one of them, they're no skinniest 24 people. They're all big and fat. They're 25 living high on the hog. Why? Because shrimp ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 131 1 are $11 a pound. I can't afford them. $11 a 2 pound. Your recreational guy gets 100 pounds a 3 day. That means your recreational guy can go 4 out and make $1100 a day. And he's not 5 supposed to sell them. That's $300,000 a 6 year. That's a lot more than I make. Maybe 7 not as much as Mark as Bass make, but the 8 Vietnamese people, there's no discrimination -- 9 COMMISSIONER DINKINS: Mr. Gilleland, 10 please not make personal remarks. 11 MR. GILLELAND: -- against Vietnamese 12 people. I spent -- 13 VICE-CHAIR DINKINS: We'll ask you to 14 be removed. Please do not make personal 15 remarks. 16 MR. SANSOM: Thank you very much. 17 MR. GILLELAND: I'm sorry. Don't 18 make -- 19 VICE-CHAIR DINKINS: Thank you. 20 Continue. 21 MR. GILLELAND: Wait. I made a 22 personal remark? 23 VICE-CHAIR DINKINS: Yes. You've 24 made several. Please restrict your comments. 25 Continue -- Your time is up. Thank you ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 132 1 Mr. Gilleland. 2 MR. GILLELAND: Well -- Well -- I -- 3 MR. SANSOM: Thank you, 4 Mr. Gilleland. 5 MR. GILLELAND: I have -- I just -- 6 MR. SANSOM: Thank you, 7 Mr. Gilleland. Your time is up. 8 VICE-CHAIR DINKINS: Next is Kristin 9 Miller from Austin, Texas. After that, Linda 10 Gutierrez from Laguna Vista. Is Ms. Miller 11 here? Next is Linda Gutierrez. Kevin Cullen 12 from Port Isabel? Isaac Cantu from Port 13 Isabel? Mr. and Ms. Cantu from Port Isabel? 14 Rosa Boggen from Port Isabel? Imelda De Los 15 Santos from Laguna Vista? Carlette Boudreaux 16 from Brownsville? Well, I'm certainly moving 17 quickly through the list. Howard Hebert or 18 Hebert from Port Isabel? Mike Boudreaux from 19 Brownsville? Everett Saynes from Port Isabel? 20 Jose Carlos Flores from South Padre Island? 21 Joe Nguyen from Port Lavaca? I apologize if I 22 mispronounced that. N-g-u-y-e-n. 23 UNIDENTIFIED SPEAKER: Nguyen. 24 VICE-CHAIR DINKINS: Thank you. 25 Ronald Hornbeck from Port Bolivar. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 133 1 MR. HORNBECK: I -- I decline at this 2 time. I'll speak tomorrow. 3 VICE-CHAIR DINKINS: All right. You 4 are the last one who's card I have. 5 Are there others? Did I overlook 6 someone? 7 MR. RANNE: Maybe at the front up 8 there Mr. Bass talked about Ramirez and it was 9 Leonard Ranne. Anyhow, my name is Leonard 10 Ranne. I'm honored to be here before the 11 Commission. I'd like to thank Mr. Bass, the 12 Commissioners, Andy Sansom for the honor of 13 being here. 14 I've got a couple of comments I'd like to 15 make and one of them was some 25 years ago, I 16 started working with Texas motr and Wildlife. 17 We've covered a lot of areas. We've had a lot 18 of projects. We've done youth outreach 19 programs, getting kids hooked on fishing 20 instead of drugs. As president of Texas Black 21 Bass we raised $129,000 for the hatchery at 22 Athens. We built fishing piers at White Rock 23 for the handicapped, the underprivileged. It 24 seems like it just goes on and on and on. 25 And here a while back, I was honored by ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 134 1 being a Texas Legend and placed in the Texas 2 Freshwater Fishing Hall of Fame. And for that, 3 I would like to thank the Commission and Andy 4 and the Department. That was a tremendous 5 honor. 6 I guess my main concern here, one of the 7 issues I want to bring up is I support Mr. Bill 8 West and Jack Tatum in their requests. They're 9 asking the Department to be involved in the 10 vegetation management plan. 11 We've got a tremendous resource here and 12 as our population continuously grows, we've got 13 to make plans and manage that resource for 14 30,000 people, 35 or 36,000 people instead of 15 just 20,000 we've got today. The river 16 authorities need to be able to address issues 17 as they immediately arise instead of having a 18 vegetation problem that they wait two to three 19 to four years on and they could have took care 20 of it with a small application and now it takes 21 act of Congress and thousands and thousand of 22 dollars. 23 I think good science, good management 24 programs is the only way that we can provide 25 the resource we have today for the future ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 135 1 generations coming. And the system works, the 2 way the governors appoint commissioners, the 3 way the commissioners hires people like Andy. 4 They go out and find some of the best 5 scientists biologists that we have available. 6 We need to let those people to do their job. 7 We need to be here to support them. We need to 8 be here to help them find better ways to manage 9 that resource. 10 And I want again to thank you for the 11 25 years of working with you-all. Thank you 12 very much. 13 VICE-CHAIR DINKINS: Thank you, 14 Mr. Ranne. 15 Is there anyone else who signed up to 16 testify? Yes. 17 MR. HODGSON: Yes, ma'am. If I may, 18 I'd signed up. In fact, I believe I was the 19 first person to sign up outside and if I 20 could -- 21 MR. SANSOM: Please come forward. 22 VICE-CHAIR DINKINS: Please come 23 forward and identify yourself for the record. 24 That's why we asked to make sure. 25 MR. HODGSON: I appreciate that. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 136 1 Commissioners, Mr. Sansom, my name is Larry 2 Hodgson. Along with my brother, Les, we're 3 co-owners of a small business in business in 4 Texas that markets and processes shrimp. I'd 5 like to begin with, as best I can recollect, a 6 short quote from -- from a poem by Robert 7 Burns, a famous Scotch poet. He said, Would 8 that God the gift to give us give ourself -- 9 give -- give ourselves the opportunity to see 10 ourselves and others see us. Something to that 11 effect. 12 And I think what's -- what's really 13 critical is that we have the opportunity to see 14 ourselves as others see us. There are -- There 15 are many who see the shrimpers as radicals, and 16 I'm here to tell you today why we see a 17 horribly flawed process that is taking place 18 and I'm going to -- to reach my conclusion 19 first because so many of our speakers today in 20 an effort to reach than conclusions have been 21 shut off before they reached that point. And 22 my conclusion is that there is -- that this 23 Commission will have an opportunity tomorrow to 24 consider all of the testimony, much of it 25 partial testimony, but you'll have an ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 137 1 opportunity to consider it before you make the 2 mistake of rushing to judgment as your motr and 3 Wildlife staff did. And now I'm going to tell 4 you what was wrong with that process. We're 5 consistently told that there would be no new 6 shrimp regulations. In April of this year, all 7 of a sudden there had been an 18-month study in 8 which our shrimp advisory committee had never 9 been included and where they were asked -- they 10 were given five days from the time that they 11 received their briefing books to comment on 12 that -- on those regulations. I'm going to 13 tell you that you -- you -- you dreamed up 14 eight public hearings along the Texas coast and 15 then made sure that four of them took place 16 after your Department opened our season and 17 sent our captains and crews to sea and put our 18 processing facilities to work, at the height of 19 our season, you did what the agricultural 20 department in this state would never dream of 21 doing at the height of cotton harvest in 22 calling cotton farmers in for onerous new 23 regulations on cotton farming. 24 I'm here to tell you that we have no right 25 to be here today. We -- we manage our small ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 138 1 business, and our entire corporate management 2 is here. We're harvesting several aquaculture 3 ponds this week, all of them permitted by your 4 Department. We're receiving record landings 5 from the shrimp boats from the fleets. We have 6 more money invested in shrimp at this time this 7 year than we have ever had. 8 You ask about economic impact studies, and 9 I'm here to tell you that your Department has 10 not done the economic impact studies. I'm here 11 to tell you that the onerous new regulations on 12 gear restrictions now on the Texas coast are 13 going to cause a complete redirections of the 14 fishery in much of that zone. It's going cost 15 the offshore vessels at least $3,000 per vessel 16 to put new nets on there. It will take them at 17 least four hours to change those nets out each 18 time. And they don't have room on the vessels 19 to carry those nets. So you're redirecting the 20 fishery, and what the economic impact is going 21 to be, I can't tell you, but neither can your 22 own Department. 23 MR. SANSOM: Thank you, 24 Mr. Hodgson. 25 MR. HODGSON: That haven't studied ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 139 1 it. 2 MR. SANSOM: Your time is up. 3 MR. HODGSON: Thank you. 4 VICE-CHAIR DINKINS: Thank you. 5 We have several statements that are to be 6 included in the record and I wanted to make 7 sure that we acknowledged that. First of 8 all is a letter from Dr. Delores Munoz, 9 superintendent of schools for the Port Isabel 10 Independent School District. And we have as 11 well a letter from Tom Uher, member of the 12 Texas House of Representatives. And this will 13 be placed in the record as well. And a letter 14 from Raymond Mathews, Jr., Conservation 15 Liaison, Threatened or Endangered Species 16 Section of the Texas Academy of Science. And 17 all of those will be included in the record of 18 the public meeting this afternoon. 19 Let me ask again whether anyone had signed 20 up to testify that we have missed calling on. 21 Thank you. 22 With that, I believe that we have come to 23 the conclusion of the business for this public 24 meeting. Turn the chair back over to 25 Chairman Bass. ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 140 1 CHAIRMAN BASS: Sorry. I was out of 2 the room. Have we gone through all of the -- 3 VICE-CHAIR DINKINS: Yes. These -- 4 CHAIRMAN BASS: -- statements and 5 quite a number of people who left us? 6 VICE-CHAIR DINKINS: Yes, these are 7 the people who did not respond when I -- 8 CHAIRMAN BASS: Okay. 9 VICE-CHAIR DINKINS: -- called their 10 names. 11 CHAIRMAN BASS: Okay. And there's no 12 one in the audience, I gather, that wishes to 13 speak who has not had an opportunity; is that 14 correct? 15 VICE-CHAIR DINKINS: I believe not. 16 CHAIRMAN BASS: Good. That being the 17 case, I think there's no further business for 18 the Commission this afternoon and we would 19 stand adjourned until tomorrow morning unless 20 the executive director has something that he 21 wishes to bring to our attention. 22 MR. SANSOM: No further business, 23 Mr. Chairman. 24 CHAIRMAN BASS: Good. I thank all of 25 you ladies and gentlemen for coming today ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 141 1 and -- and sharing your thoughts with us and -- 2 and we do appreciate it. Thank you very much. 3 We stand adjourned. 4 (SESSION ENDS.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 142 1 THE STATE OF TEXAS ) COUNTY OF BEXAR ) 2 3 I, TONYA R. THOMPSON, a Certified 4 Court Reporter in and for the State of Texas, 5 do hereby certify that the above and foregoing 6 143 pages constitute a full, true, and correct 7 transcript of the minutes of the Texas Parks 8 and Wildlife Commission on AUGUST 30, 2000, in 9 the Commission hearing room of the Texas Parks 10 and Wildlife Headquarters Complex, Austin, 11 Travis County, Texas. 12 I FURTHER CERTIFY that a stenographic 13 record was made by me at the time of the public 14 meeting and said stenographic notes were 15 thereafter reduced to computerized 16 transcription under my supervision and control. 17 WITNESS MY HAND this the day of 18 , 2000. 19 20 TONYA R. THOMPSON, Texas CSR 5476 21 Expiration Date: 12/2000 7800 IH-10 West, Suite 100 22 San Antonio, Texas 78230 (210) 377-3027 23 EBS NO.: 24 25 ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016 . 143 1 2 3 LEE M. BASS, CHAIRMAN 4 5 CAROL E. DINKINS, VICE-CHAIR 6 7 DICK W. HEATH 8 9 NOLAN RYAN 10 11 ERNEST ANGELO, JR. 12 13 JOHN AVILA, JR. 14 15 ALVIN L. HENRY 16 17 KATHARINE ARMSTRONG IDSAL 18 19 MARK E. WATSON, JR. 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 7800 IH-10 WEST, SUITE 100, SAN ANTONIO, TEXAS 78230 (210) 377-3027 1-800-969-3027 (210) 344-6016