Presenter: Gene McCarty

Commission Agenda Item No. 3
Action
Legislative Rule Review
April 2001

I. DISCUSSION: House Bill 1, 75th Legislature, Regular Session, 1997, Article IX, Sec. 167, directs each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule, provided the agency has not acted on the rule in the interim. The Act further requires that each agency readopting a rule certify that the reasons for the rule continue to exist. Due to the cyclical or annual nature of much of the department’s rulemaking activity, the legislative mandate is fulfilled on a continual basis (e.g., Statewide Hunting and Fishing Proclamation, Migratory Game Bird Proclamation, etc.). Other regulations, however, do fall under the purview of the Act.

The department in August of 1998 published in the Texas Register a Notice of Plan to Review, in which the agency outlined a proposed schedule for undertaking the required review. The department subsequently published a Notice of Intent to Review in the February 23, 2001, issue of the Texas Register (26 TexReg 1757), consisting of the contents of Chapter 57 (Fisheries) and Chapter 65 (Wildlife). No sections of either chapter are proposed for amendment or repeal. Regulations proposed for readoption are retained on the basis of continuing need and the determination that the reasons for their existence continue to exist. The Department has received no comment concerning the review.

II. RECOMMENDATION: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts, with changes to the proposed text as published in the February 23, 2001, issue of the Texas Register (26 TexReg 1757), the readoption of the contents of 31 TAC Chapter 57 (Fisheries) and Chapter 65 (Wildlife).

Attachments - 3

1. Exhibit A - Notice of Intent - Chapter 57
2. Exhibit B - Notice of Intent - Chapter 65
3. Exhibit C - Fiscal Note (Available upon request)

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Commission Agenda Item No. 3
Exhibit A

Notice of Intent to Review

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part II, as follows:

Chapter 57. FISHERIES

Subchapter A. Harmful or Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants

§57.111. Definitions.
§57.112. General Rules.
§57.113. Exceptions.
§57.114. Health Certification of Exotic Shellfish.
§57.115. Transportation of Live Exotic Species.
§57.116. Exotic Species Transport Invoice.
§57.117. Exotic Species Permit: Fee and Application Requirements.
§57.118. Exotic Species Permit Issuance.
§57.119. Exotic Species Permit: Requirements for Permits.
§57.120. Exotic Species Permit: Expiration and Renewal.
§57.121. Exotic Species Permit—Amendment.
§57.122. Appeal.
§57.123. Exotic Species Permit Reports.
§57.124. Triploid Grass Carp; Sale, Purchase.
§57.125. Triploid Grass Carp Permit; Application, Fee.
§57.126. Triploid Grass Carp Permit; Terms of Issuance.
§57.127. Triploid Grass Carp Permit; Denial.
§57.128. Exotic Species Permits, Triploid Grass Carp Permits; Revocation.
§57.129. Exotic Species Permit: Private Facility Criteria.
§57.130. Exotic Species Interstate Transport Permit.
§57.131. Exotic Species Interstate Transport Permit: Application and Issuance.
§57.132. Exotic Species Interstate Transport Permit: Permittee Requirements.
§57.133. Exotic Species Interstate Transport Permit: Expiration and Renewal.
§57.134. Wastewater Discharge Authority.
§57.135. Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Natural Resource Conservation Commission.
§57.136. Penalties.

Subchapter B. Mussels and Clams

§57.156. Definitions.
§57.157. Mussels and Clams.
§57.158. Penalties.

Subchapter C. Introduction of Fish, Shellfish, and Aquatic Plants

§57.251. Definitions.
§57.252. Prohibited Acts.
§57.253. Permit Exemptions.
§57.254. Permit Application; Validity.
§57.255. Permit Denial.
§57.256. Appeal.
§57.257. Penalties.

Subchapter D. Commercially Protected Finfish

§57.372. Packaging Requirements.
§57.373. Package Labels.
§57.374. Delegation of Authority.
§57.375. Exclusive Economic Zone Regulations.

Subchapter E. Permits to Sell Nongame Fish Taken from Public Fresh Water

§57.377. Definitions.
§57.378. Nongame Fishes Covered by These Rules.
§57.379. Prohibited Acts.
§57.380. Permit Application.
§57.381. Permit Specifications and Requirements.
§57.382. Harvest and Sales Reports.
§57.383. Permit Fee.
§57.384. Permit Denial.
§57.385. Appeal.
§57.386. Penalties.

Subchapter F. Collection of Broodfish from Texas Waters

§57.391. Definitions.
§57.392. General Rules
§57.394. Broodfish Collection; Notification.
§57.395. Broodfish Permits; Fees, Terms of Issuance.
§57.396. Broodfish Permit; Expiration.
§57.397. Broodfish Permit; Revocation.
§57.398. Permit Denial.
§57.399. Appeal.
§57.400. Reports.
§57.401. Restitution for Broodfish.

Subchapter G. Marking of Vehicles

§57.500. Marking of Vehicles.

Subchapter H. Fishery Management Areas

§57.691. Fishery Management Plans.

Subchapter I. Consistency with Federal Regulations in the Exclusive Economic Zone

§57.801. Powers of the Executive Director.

Subchapter J. Fish Pass Proclamation

§57.901. Prohibited Acts.

Subchapter K. Scientific Areas

§57.920. Nine-Mile Hole State Scientific Area.
§57.921. Redfish Bay State Scientific Area.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 6, 2001.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

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Commission Agenda Item No. 3
Exhibit B

Notice of Intent to Review

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part II, as follows:

CHAPTER 65. WILDLIFE

Subchapter A. Statewide Hunting and Fishing Proclamation

Division 1. General Provisions

§65.1. Application.
§65.3. Definitions.
§65.5. Importation of Wildlife.
§65.10. Possession of Wildlife Resources.
§65.11. Lawful Means.
§65.19. Hunting Deer with Dogs.
§65.24. Permits.
§65.25. Wildlife Management Plan (WMP).
§65.26. Managed Lands Deer (MLD) Permits.
§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits).
§65.28. Landowner Assisted Management Permit System (LAMPS).
§65.29. Pronghorn Antelope Permits.
§65.30. Desert Bighorn Sheep Permits.
§65.31. Antlerless Mule Deer Permits.
§65.32. Mandatory Check Stations.

Note: The contents of §§65.3, 65.10, 65.11, 65.24, 65.26, 65.27 and 65.29-65.33 are proposed for rule action elsewhere in this issue.

Division 2. Open Seasons and Bag Limits - Hunting Provisions

§65.38. Game Animals: Open Seasons and Bag Limits.
§65.40. Pronghorn Antelope: Open Seasons and Bag Limits.
§65.42. Deer.
§65.44. Javelina: Open Seasons and Annual Bag Limits.
§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.
§65.48. Desert Bighorn Sheep: Open Seasons and Annual Bag Limits.
§65.54. Game Birds: Open Seasons and Bag Limits.
§65.56. Lesser Prairie Chicken: Open Seasons, Bag, and Possession Limits.
§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.
§65.62. Quail: Open Seasons, Bag, and Possession Limits.
§65.64. Turkey.
§65.66. Chachalacas.

NOTE: The contents of §§65.42, 65.44, 65.62, and 65.64 are proposed for rule action elsewhere in this issue.

Division 3. Seasons and Bag Limits - Fishing Provisions

§65.71. Reservoir Boundaries.
§65.72. Fish.
§65.78. Crabs and Ghost Shrimp.
§65.82. Other Aquatic Life.
§65.91. Penalty for Violation.

NOTE: The contents of §65.72 and §65.78 are proposed for rule action elsewhere in this issue.

Subchapter C. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds

§65.101. Definitions.
§65.103. Trap, Transport, and Transplant Permit.
§65.105. Urban White-Tailed Deer Removal Permit.
§65.107. Permit Applications and Fees.
§65.109. Issuance of Permit.
§65.111. Permit Conditions and Period of Validity.
§65.113. Marking of Game Animals and Game Birds.
§65.115. Notification, Recordkeeping, and Reporting Requirements.
§65.116. Nuisance Squirrels.
§65.117. Prohibited Acts.
§65.119. Penalties.

Subchapter D. Deer Management Permit

§65.131. Deer Management Permit (DMP).
§65.132. Permit Application and Fees.
§65.133. General Provisions.
§65.134. Facility Standards.
§65.135. Detention and Marking of Deer.
§65.136. Release.
§65.137. Disposition of Mortalities.
§65.138. Violations and Penalties.

Subchapter G. Threatened and Endangered Nongame Species

§65.171. General Provisions.
§65.172. Exceptions.
§65.173. Special Provisions.
§65.174. Permanent Identification.
§65.175. Threatened Species.
§65.176. Violations and Penalties.

Subchapter H. Public Lands Proclamation

§65.190. Application.
§65.191. Definitions.
§65.192. Powers of the Executive Director.
§65.193. Access Permit Required and Fees.
§65.194. Competitive Hunting Dog Event (Field Trial) Permits and Fees.
§65.195. Permit Revocation.
§65.196. Refund of Permit Fees.
§65.197. Reinstatement of Preference Points.
§65.198. Entry, Registration and Checkout.
§65.199. General Rules of Conduct.
§65.200. Construction of Blinds.
§65.201. Motor Vehicles.
§65.202. Minors Hunting on Public Hunting Lands.
§65.203. Hunter Safety.
§65.208. Penalties.

NOTE: The contents of §§65.190, 65,193, 65.197, 65.198, and 65.202 are proposed for rule action elsewhere in this issue.

Subchapter J. Bobcat Proclamation

§65.251. Definitions.
§65.252. Bobcat Season.
§65.253. General Provisions.
§65.254. Bobcat Tags.
§65.255. Bobcat Dealer Permits.
§65.256. Penalties.

Subchapter K. Raptor Proclamation

§65.261. Applicability.
§65.262. Definitions.
§65.263. General Provisions.
§65.264. Applications and Permits.
§65.265. Permit Classes: Restrictions.
§65.266. General Facility Standards.
§65.267. Reports.
§65.269. Trapping Seasons and Collecting Area.
§65.270. Marking.
§65.271. Transfers and Sale.
§65.272. Change of Address.
§65.273. Temporary Relocation Out of State.
§65.274. Permanent Relocation to Texas.
§65.275. Special Provisions.
§65.276. Open Seasons and Bag Limits.
§65.277. Violations and Penalties.

Subchapter N. Migratory Game Bird Proclamation

§65.309. Definitions.
§65.310. Means, Methods, and Special Requirements.
§65.311. Importation of Migratory Game Birds.
§65.312. Possession of Migratory Game Birds.
§65.313. General Rules.
§65.314. Zones and Boundaries for Early Season Species.
§65.315. Open Seasons and Bag and Possession Limits—Early Season.
§65.317. Zones and Boundaries for Late Season Species.
§65.318. Open Seasons and Bag and Possession Limits—Late Season.
§65.319. Extended Falconry Season—Early Season Species.
§65.320. Extended Falconry Season—Late Season Species.
§65.321. Special Management Provisions.
§65.322. Penalties.

Subchapter O. Commercial Nongame Permits

§65.325. Applicability.
§65.326. Definitions.
§65.327. Permit Required.
§65.329. Permit Application.
§65.330. Record and Reporting Requirements.
§65.331. Affected Species.
§65.332. Violations and Penalties.

Subchapter P. Alligator Proclamation

§65.351. Application.
§65.352. Definitions.
§65.353. General Provisions.
§65.354. Hunting.
§65.355. Open Seasons and Bag Limit.
§65.356. Means and Methods.
§65.357. Sale of Alligators.
§65.358. Alligator Egg Collectors.
§65.359. Possession.
§65.360. Report Requirements.
§65.361. Alligator Farm Facility Requirements.
§65.362. Importation and Exportation.
§65.363. Alligator Control.
§65.364. Exceptions.
§65.365. Violations and Penalties.

Subchapter Q. Statewide Fur-bearing Animal Proclamation

§65.371. Application.
§65.372. Definitions.
§65.375. Open Seasons; Means and Methods.
§65.376. Possession of Live Fur-bearing Animals.
§65.377. Sale or Purchase of Fur-bearing Animals or Their Pelts.
§65.378. Importation and Release of Fur-bearing Animals or Their Pelts.
§65.379. Reporting Requirements.
§65.380. Penalty.

Subchapter T. Scientific Breeder Permit

§65.601. Definitions.
§65.602. Permit Requirement and Permit Privileges.
§65.603. Application and Permit Issuance.
§65.605. Holding Facility Standards and Care of Deer.
§65.607. Marking of Deer.
§65.608. Annual Reports and Records.
§65.609. Purchase of Deer and Purchase Permit.
§65.610. Transport of Deer and Transport Permit.
§65.611. Prohibited Acts.
§65.612. Disposition of Deer.
§65.613. Penalties.

Subchapter V. Wildlife Management Association Area Hunting Lease License

§65.801. Definitions.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 6, 2001.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

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