Texas Parks and Wildlife Commission
Public Hearing
August 2001 Commission Meeting
Committee and Public Hearing Synopsis Reports
REGULATIONS COMMITTEE
August 29, 2001
ITEM 1: Chairman’s Charges
ITEM 2: Deer Management Permit Proclamation
Presenter: Jerry Cooke
This item amends the Deer Management Permit Proclamation to:
- Move the required release date for temporarily detained deer from march 1 to April 1 of each year
- Allow a deer management permit application to be approved by any Wildlife Division biologist or technician authorized to write management plans
ITEM 3: Migratory Game Bird Proclamation – Late Season
Presenter: Vernon Bevill
2001-2002 Waterfowl
Hunting
Season Dates
(Shooting Hours: ½ hour
before sunrise to
sunset)
(NOTE: Canvasback may only be taken from Dec. 27-Jan. 20 in all zones. The remainder of the season, taking of Canvasbacks is prohibited.)
-
Zone Hunt Type Dates Bag Limits High Plains Mallard Management Unit Youth Regular Gun
Oct. 13-14 Oct. 20-22
Oct. 27-Jan. 20
DUCK DAILY BAG LIMIT: The daily bag limit for ducks is 6 and can include no more than 5 mallards or Mexican mallards (Mexican ducks), only 2 of which may be hens; 3 scaup (lesser scaup and greater scaup in the aggregate); 2 wood ducks; 2 redheads; 1 mottled duck; 1 pintail; and 1 canvasback (Only during that portion of the season when Canvasback can be taken. Dec. 27-Jan. 20) POSSESSION LIMIT: Twice the daily bag limit.
North Youth Regular Gun
Falconry
Oct. 20-21 Oct. 27-28
Nov. 10-Jan. 20
Jan. 21-Feb. 4South Youth Regular Gun
Falconry
Oct. 20-21 Oct. 27-Nov. 25
Dec. 8-Jan. 20
Jan.21-Feb. 4GEESE
Zone Species Dates Bag Limits West Light and Dark Geese Light
(Conservation Order)Oct.27-Feb.10 Feb. 11-Mar. 31
Western Zone Daily Bag Limit: Light geese – 20 in the aggregate; Dark geese – 5 in the aggregate, to include no more than 1 white-fronted goose East Light and Dark Geese Light Geese
(Conservation Order)Oct.27-Jan. 20 Jan.21-Mar. 31
Eastern Zone Daily Bag Limit: Light geese-20 in the aggregate; Candada geese and brant – 1 Candada goose or 1 brant. White-fronted geese – 2 POSSESSION LIMIT: Twice the daily bag limit for dark geese, no possession limit for light geese
- Open portion of previously closed areas to crane hunting
- Extend sandhill crane hunting along the mid and lower coast with a bag limit of 2.
- Adjust the eastern boundary of Zone B to match the boundary of the Goose Zone to minimize impacts of potential changes to the Light Goose Conservation Season
- New boundary would shift westward to include that portion from I-35 at Fort Worth to US 287 and US 81 to the Oklahoma border. The old boundary was I-35 to the Oklahoma border.
- Alter the boundary of the North Duck Zone to create additional hunting opportunity in southeast Texas. It is suggested that this recommended change be withdrawn
- Include sandhill cranes with other late-season species because of the relationship between conservation season and sandhill crane season
- Any other changes necessitated by federal actions
Note: The provisions of the Migratory Game Bird Proclamation affecting early-season species of migratory birds were adopted at the May 2001 Commission meeting. Because this item seeks adoption of the provisions affecting late-season species of migratory game birds, the early-season provisions as adopted are not shown.
ITEM 4: “Closed Season” for Crab Traps in Texas Coastal Waters
Presenter: Hal Osburn
This item proposes changes to the Definitions section and the Crab and Ghost Shrimp section of the 2001-2002 Statewide Hunting and Fishing Proclamation and requests permission to publish the proposal in the Texas Register for public comment. Proposed changes include:
- In §65.3. Definitions,
crab traps will be exempted
from the requirement to
have on the gear tag the
date on which the device
was set out
o The gear tag rule was initially intended to encourage fishermen to run their traps on a regular basis to minimize crab mortalities which typically occur in ignored, lost and abandoned crab traps
o With the advent of specific trap marking requirements implemented as a result of the Crab License and Finfish License Management programs, and requiring crab traps to be constructed with escape rings and degradable panels, it is no longer necessary to require the date to be on the gear tag
- In §65.78. Crabs
and Ghost Shrimp, a closed
season for the use of
crab traps will be established
during February 17 - March
3, 2002
o The authority to establish this season was provided by the 77th Legislature in S.B. 1410
o The intent of this season was to allow the removal of abandoned crab traps from public coastal waters
o Removal of these traps will reduce mortality of crabs caught in lost and abandoned crab traps
ITEM 5: Floating Cabins
Presenter: Dennis Johnston
This item proposes the Floating Cabin Proclamation and requests permission to publish the proposal in the Texas Register for public comment. Proposed proclamation will provide the following:
- Establish a process for renewal of permits
- Set a yearly beginning and ending permit period
- Establish a process for relocation of floating cabins
- Clarify restrictions applicable to relocation sites
- Establish permit numbering system and manner of display
- Establish cabin identification and marking requirements
- Establish a floating
cabin buyback program
to include:
(1) Application requirements
(2) Establish maximum cabin value criteria
(3) Application acceptance and rejection procedures
- Establish criteria for
marine sanitation devices
and disposal of waste
materials
FINANCE COMMITTEE
August 29, 2001
ITEM 1: Chairman’s Charges
ITEM 2: FY02 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy
Presenter: Suzy Whittenton
Staff will present the recommended FY2002 operating, capital and grant budget for consideration by the Committee.
- The presentation will cover appropriation and cash limits
- Program issues and stamp fund allocation
- The agency’s investment policy
ITEM 3: Fee Review
Presenter: Suzy Whittenton
Staff will brief the Committee on issues related to potential agency fee increases.
The presentation will include:
- Potential timelines for fee increases (including boat, license, commercial fishing, and park fees)
- Discussion of boat-related fees, including analysis of revenue and transactions as well as examination of the potential revenue impact of specific fee increases.
ITEM 4: Grants
Presenter: Tim Hogsett
Local Park Grants
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites
- As of January 31, 2001 TPW received 43 applications requesting $16,104,523 in matching fund assistance
- Staff is recommending support of 14 projects in the amount of $5,585,945
Small Community Grants
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the development of outdoor recreation sites from the pilot program known as the Small Communities – Small Grants Program
- This pilot program was authorized by the Commission in January 2001
- As of April 15, 2001 TPW received 64 applications requesting $2,280,077 in matching fund assistance
- Staff is recommending support of 12 projects in the amount of $541,660
National Recreational Trails Grants
Grants recommended for 35 eligible projects and program administration costs
- Obligate Federal funds for matching recreational trail grants to eligible projects
- These funds are derived from the Federal gasoline tax, administered by the Federal Highway Administration
- States may utilize 7% of Federal appropriation to cover program administrative costs
Target Range Program
Funding recommendations for three grants for target ranges totaling $149,984 from federal funds Pittman-Robertson (P-R) Wildlife Restoration Act and the match provided through in-kind donations.
- Grand Prairie Sportsman’s Gun Club
- George Bush Park Shooting Facility
- Tac Pro Shooting Center
CONSERVATION COMMITTEE
August 29, 2001
ITEM 1: Chairman’s Charges
ITEM 2: Nomination for Oil and Gas Lease – Gus Engeling WMA
Presenter: Kathy Boydston
This is a tract nominated for an oil and gas lease, on the Gus Engeling WMA in Anderson County. TPW owns 50% of the minerals under the 111 acre tract, there is an old drill site within this tract that we will require they use to access their minerals.
ITEM 3: Less-than-Fee Conservation Alternatives for Private Landowners
Presenter: Bob Cook
Less-than-Fee conservation alternatives for private landowners provide permanent conservation benefits while allowing lands to remain in private hands. This briefing will highlight applications for this conservation tool and discuss the department’s role both as a facilitator and potential holder of easements and development rights.
ITEM 4: Land Sale – Richland Creek WMA
Presenter: Ronnie Ray
TxDOT has requested acquisition of 13.15 acres from TPW as additional right-of-way for road improvement to U.S. Highway 287 through a portion of the Richland Creek WMA.
This item will:
- Result in the disposition of 13.15 acres of non-habitat and low quality wetlands along Highway 287 valued at $10,409.00
- TxDOT proposes to compensate TPW with facility improvements, wetland construction, and hardwood reforestation at the Richland Creek WMA. These services are valued at $231,301
- Improvement of U.S. Highway 287 will greatly improve the access to both units of the Richland Creek WMA, especially during times when the Trinity River is flooding
ITEM 5: Land Acquisition – Bastrop State Park
Presenter: Jeff Francell
The purpose of this item is to seek approval to acquire approximately 1,275 acres from a willing seller adjacent to Bastrop State Park.
This item will:
- Acquire property adjacent to Bastrop State Park
- Protect endangered Houston toad (Bufo houstonensis) habitat and the Lost Pines ecosystem
- Provide additional wildlife and outdoor education and recreation in Central Texas
- Sales price is at appraised value
- Existing staff can manage the property and no additional operating funds will be necessary
ITEM 6: Land Acquisition – Presidio County – Big Bend Ranch
Presenter: Karen Leslie
The purpose of this item is to seek approval to acquire two tracts (approximately 1,695 acres) from two landowners as additions to Big Bend Ranch State Park.
This item will:
- Acquire adjacent tracts to Big Bend Ranch State Park
- Provide protection for Las Burras archeological site
- Provide river access for Hoodoo section of the Rio Grande River
- Sales price below appraised value
- No additional operating funds will be needed since the property can be managed with existing staff
ITEM 7: Land Acquisition – Hardin County
Presenter: Karen Leslie
The purpose of this item is to seek approval to acquire approximately 45.78 acres as an addition to Village Creek State Park.
This item will:
- Acquire property adjacent to the park
- Protect wetland longleaf pine savannah
- Buffer the northwest corner of the park from subdivision expansion
- Purchase price is for the appraised value
- No additional operational or maintenance expenses
PUBLIC HEARING SYNOPSIS REPORTS
August 30, 2001
ACCEPTANCE OF GIFTS
RETIREMENT CERTIFICATES AND SERVICE AWARDS
RECOGNITION – 100 Club of Houston Donation
RECOGNITION – National Association of Interpreters “Best Project” in Region 6 Award Through combined efforts with folks from Wildlife, Education, and State Parks, Chris developed a project involving inner city youth to create a nature trail for interpretation that would also serve as an outdoor classroom. Chris secured funding (in part from an Outreach Grant). The inner city youth are currently working to construct this area while restoring a previously disturbed section of the native prairie. This will be a great addition to Cedar Hill State Park that will provide an excellent setting of inner city youth to study local flora and fauna.
APPROVAL OF AGENDA - Chairman Idsal
ITEM 1: ACTION – Election of Vice-Chairman
Presenter: Chairman Isdal
-
ACTION: Commission review and discussion.
ITEM 2: BRIEFING – Tenth Anniversary Texas Wildlife Expo
Presenter: Ernie Gammage
-
ACTION: Commission review and discussion.
Four minute video to include:
- Expo events and activities
- Marketing
- Outreach
- Infrastructure
ITEM 3: ACTION – Local Park Grants
Presenter: Tim Hogsett
-
ACTION: Commission consideration for adoption. - Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites
- As of January 31, 2001 TPW received 43 applications requesting $16,104,523 in matching fund assistance
- Staff is recommending support of 14 projects in the amount of $5,585,945
ITEM 4: ACTION – Small Community Grants
Presenter: Tim Hogsett
-
ACTION: Commission consideration for adoption. - Make grants from the Texas Recreation and Parks Account to Texas local governments for the development of outdoor recreation sites from the pilot program known as the Small Communities – Small Grants Program
- This pilot program was authorized by the Commission in January 2001
- As of April 15, 2001 TPW received 64 applications requesting $2,280,077 in matching fund assistance
- Staff is recommending support of 12 projects in the amount of $541,660
ITEM 5: ACTION – National Recreational Trails Grants
Presenter: Andy Goldbloom
-
ACTION: Commission consideration for adoption.
Grants recommended for 35 eligible projects and program administration costs
- Obligate Federal funds for matching recreational trail grants to eligible projects
- These funds are derived from the Federal gasoline tax, administered by the Federal Highway Administration
- States may utilize 7% of Federal appropriation to cover program administrative costs
ITEM 6: ACTION – Target Range Program
Presenter: Steve Hall
-
ACTION: Commission consideration for adoption.
Funding recommendations for three grants for target ranges totaling $149,984 from federal funds Pittman-Robertson (P-R) Wildlife Restoration Act and the match provided through in-kind donations.
- Grand Prairie Sportsman’s Gun Club
- George Bush Park Shooting Facility
- Tac Pro Shooting Center
ITEM 7: BRIEFING – Texas Tech Study
Presenter: Dr. David Schmidly
-
ACTION: Commission review and discussion.
Dr. David Schmidly will present the findings from the study Texas Parks and Wildlife for the 21st Century, which is being completed by Texas Tech University.
ITEM 8: ACTION – FY02 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy
Presenter: Suzy Whittenton
-
ACTION: Commission consideration for adoption.
Staff will present the recommended FY2002 operating, capital and grant budget for consideration by the Committee.
- The presentation will cover appropriation and cash limits
- Program issues and stamp fund allocation
- The agency’s investment
policy
ITEM 9: BRIEFING – Nueces Riverbed Use
Presenter: Dr. Larry McKinney
-
ACTION: Commission review and discussion.
Staff will brief the Commission about the ongoing user conflicts in the bed of the upper Nueces River, especially in Uvalde and Zavala Counties in context of the broader issues across the state. The briefing will address:
- The unique natural, geographical, and sociological features of the upper Nueces that lead to the potential for user conflicts
- Concerns about vehicular traffic in the river, especially four-wheel drive vehicles
- Jurisdictional gaps in the regulation of river activities
- Efforts by TPW, the Nueces River Authority, the General Land Office, and other governmental entities to educate the public about legal rights relating to river use
- Resource effects of river activities
- Controversy over the uncertain boundaries between state and private ownership along the river’s banks
- Other rivers where vehicular traffic is an issue, such as the Llano
- Commercial sand and gravel regulation by TPW
- Efforts in the 77th Legislature to address this issue
ITEM 10: ACTION – Deer Management Permit Proclamation
Presenter: Jerry Cooke
-
ACTION: Commission consideration for adoption.
This item amends the Deer Management Permit Proclamation to:
- Move the required release date for temporarily detained deer from march 1 to April 1 of each year
- Allow a deer management
permit application to
be approved by any Wildlife
Division biologist or
technician authorized
to write management plans
ITEM 11: ACTION – Migratory Game Bird Proclamation – Late Season
Presenter: Vernon Bevill
-
ACTION: Commission consideration for adoption.
This item apprises the committee of anticipated development in the federal regulatory process and amends the Migratory Game Bird Proclamation to:
- Adjust season dates to account for calendar shift
- Establish the special
conservation season for
snow geese
2001-2002 Waterfowl Hunting
Season Dates
(Shooting Hours: ½ hour before sunrise to sunset)(NOTE: Canvasback may only be taken from Dec. 27-Jan. 20 in all zones. The remainder of the season, taking of Canvasbacks is prohibited.)
Zone Hunt Type Dates Bag Limits High Plains Mallard Management Unit
Youth Regular Gun
Oct. 13-14 Oct. 20-22
Oct. 27-Jan.20DUCK DAILY BAG LIMIT: The daily bag limit for ducks is 6 and can include no more than 5 mallards or Mexican mallards (Mexican ducks), only 2 of which may be hens; 3 scaup (lesser scaup and greater scaup in the aggregate); 2 wood ducks; 2 redheads; 1 mottled duck; 1 pintail; and 1 canvasback (Only during that portion of the season when Canvasback can be taken. Dec. 27-Jan. 20) POSSESSION LIMIT: Twice the daily bag limit.
North Youth Regular Gun
Falconry
Oct. 20-21 Oct. 27-28
Nov.10-Jan.20
Jan.21-Feb.4South Youth Regular Gun
Falconry
Oct. 20-21 Oct.27-Nov.25
Dec.8-Jan.20
Jan.21-Feb.4GEESE
Zone Species Dates Bag Limits West Light and Dark Geese Light
(Conservation Order)Oct.27-Feb.10 Feb. 11-Mar. 31
Western Zone Daily Bag Limit: Light geese – 20 in the aggregate; Dark geese – 5 in the aggregate, to include no more than 1 white-fronted goose East Light and Dark Geese Light Geese
(Conservation Order)Oct.27-Jan. 20 Jan.21-Mar. 31
Eastern Zone Daily Bag Limit: Light geese-20 in the aggregate; Candada geese and brant – 1 Candada goose or 1 brant. White-fronted geese – 2 POSSESSION LIMIT: Twice the daily bag limit for dark geese, no possession limit for light geese
- Open portion of previously
closed areas to crane
hunting
- Extend sandhill crane hunting along the mid and lower coast with a bag limit of 2.
- Adjust the eastern boundary of Zone B to match the boundary of the Goose Zone to minimize impacts of potential changes to the Light Goose Conservation Season
- New boundary would shift westward to include that portion from I-35 at Fort Worth to US 287 and US 81 to the Oklahoma border. The old boundary was I-35 to the Oklahoma border.
- Alter the boundary of the North Duck Zone to create additional hunting opportunity in southeast Texas. It is suggested that this recommended change be withdrawn
- Include sandhill cranes with other late-season species because of the relationship between conservation season and sandhill crane season
- Any other changes necessitated by federal actions
Note: The provisions
of the Migratory
Game Bird Proclamation
affecting early-season
species of migratory
birds were adopted
at the May 2001
Commission meeting. Because
this item seeks adoption
of the provisions
affecting late-season
species of migratory
game birds, the
early-season provisions
as adopted are not shown.
ITEM 12: ACTION – Nomination for Oil and Gas Lease – Gus Engeling WMA
Presenter: Kathy Boydston
-
ACTION: Commission consideration for adoption.
This is a tract nominated for an oil and gas lease, on the Gus Engeling WMA in Anderson County. TPW owns 50% of the minerals under the 111 acre tract, there is an old drill site within this tract that we will require they use to access their minerals.
ITEM 13: ACTION – Land Sale – Richland Creek WMA
Presenter: Ronnie Ray
-
ACTION: Commission consideration for adoption.
TxDOT has requested acquisition of 13.15 acres from TPW as additional right-of-way for road improvement to U.S. Highway 287 through a portion of the Richland Creek WMA.
This item will:
- Result in the disposition of 13.15 acres of non-habitat and low quality wetlands along Highway 287 valued at $10,409.00
- TxDOT proposes to compensate TPW with facility improvements, wetland construction, and hardwood reforestation at the Richland Creek WMA. These services are valued at $231,301
- Improvement of U.S. Highway 287 will greatly improve the access to both units of the Richland Creek WMA, especially during times when the Trinity River is flooding
ITEM 14: ACTION – Land Acquisition – Bastrop State Park
Presenter: Jeff Francell
-
ACTION: Commission consideration for adoption.
The purpose of this item is to seek approval to acquire approximately 1,275 acres from a willing seller adjacent to Bastrop State Park.
This item will:
- Acquire property adjacent to Bastrop State Park
- Protect endangered Houston toad (Bufo houstonensis) habitat and the Lost Pines ecosystem
- Provide additional wildlife and outdoor education and recreation in Central Texas
- Sales price is at appraised value
- Existing staff can manage
the property and no additional
operating funds will be
necessary
ITEM 15: ACTION – Land Acquisition – Presidio County – Big Bend Ranch
Presenter: Karen Leslie
-
ACTION: Commission consideration for adoption.
The purpose of this item is to seek approval to acquire two tracts (approximately 1,695 acres) from two landowners as additions to Big Bend Ranch State Park.
This item will:
- Acquire adjacent tracts to Big Bend Ranch State Park
- Provide protection for Las Burras archeological site
- Provide river access for Hoodoo section of the Rio Grande River
- Sales price below appraised value
- No additional operating funds will be needed since the property can be managed with existing staff
ITEM 16: ACTION – Land Acquisition – Hardin County
Presenter: Karen Leslie
-
ACTION: Commission consideration for adoption.
The purpose of this item is to seek approval to acquire approximately 45.78 acres as an addition to Village Creek State Park.
This item will:
- Acquire property adjacent to the park
- Protect wetland longleaf pine savannah
- Buffer the northwest corner of the park from subdivision expansion
- Purchase price is for the appraised value
- No additional operational or maintenance expenses
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