Regulations Committee
Wednesday, 9:00 a.m., Nov. 8, 2000
Commission Hearing Room4200 Smith School Road
Austin, TX 78744
| Item No. | Subject | Public Hearing Agenda Item No. |
|---|---|---|
| Approval of the Committee Minutes from the previous meeting | ||
| Summary of minutes | ||
| 1. | Chairman's Charges (Oral Presentation) | Committee Only |
| 2. | Legislative
Regulations Review Staff: Gene McCarty |
3 |
| 3. | Potential
Changes to the Statewide
Hunting and Fishing Proclamation
2001-2002 Staff: Gary Graham, Paul Hammerschmidt, Phil Durocher |
Committee Only |
| 4. | Petition for Rulemaking Staff: Robin Reichers |
4 |
| 5. | Petition for Rulemaking
– Quail Season Staff: Jerry Cooke |
Committee Only |
| 6. | Managed Lands Deer Permits Staff: Robin Riechers |
6 |
| 7. | Statewide Aquatic Vegetation
Management Rules Staff: Robert Sweeney |
5 |
| 8. | Other Business |
Summary
of Minutes
Texas Parks and Wildlife Commission
Regulations Committee
August 30, 2000
BE IT REMEMBERED that heretofore
on the 30th day of August
2000, there came to be heard
matters under the regulatory
authority of the Parks and
Wildlife Commission of Texas,
in the Commission hearing
room of the Texas Parks
and Wildlife Headquarters
complex, Austin, Travis
County, Texas beginning
at 9:30 a.m., to wit:
I. COMMISSION ATTENDANCE
Chair: Lee Bass
Nolan Ryan
Richard Heath
Alvin L. Heney
Carol Dinkins
Katharine Armstrong Idsal
John Avila, Jr.
Ernest Angelo, Jr.
Mark E. Watson, Jr.
II. OPENING STATEMENT:
Mr. Andrew Sansom, Executive
Director, read the opening
statement into the record.
III. CHAIRMAN’S CHARGES
and APPROVAL OF MINUTES:
Chairman Bass began the proceedings by calling for a report on the Chairman’s Charges. Chairman Bass recognized Executive Director Andrew Sansom, who briefed the Committee on the Chairman’s Charges. Chairman Bass then entertained a motion to approve the minutes of the May 31, 2000 meeting of the Regulations Committee. A motion for approval was made by Commissioner Heath and seconded by Commissioner Henry. Motion passed unanimously.
Chairman Bass indicated
that the Committee would
address the agenda items
out of the original order
to accommodate scheduling
issues with staff.
AGENDA ITEM NO. 5: ACTION - MIGRATORY GAME BIRD PROCLAMATION - LATE SEASON
The Chair recognized Vernon
Bevill, migratory wildlife
program director. Mr. Bevill
began by providing details
of U.S. Fish and Wildlife
Service actions and how
they impacted the department's
regulatory proposals for
sandhill cranes and late-season
species of migratory game
birds. Mr. Bevill also notified
the Committee that an additional
day of youth-only waterfowl
hunting had been offered
by the federal government.
Commissioner Angelo asked
if any progress had been
made with respect to increasing
the bag limit for white-fronted
geese. Mr. Bevill responded
that the white fronts in
the Western Zone were coming
from the smaller Pacific
population and that the
Fish and Wildlife Service
did not concur with the
request for a higher bag
limit. Chairman Bass asked
how much of the sandhill
crane season would be curtailed
due to the light goose conservation
season. Mr. Bevill replied
that approximately half
the season would be lost.
Chairman Bass asked for
an approximate figure of
impacted hunters. Mr. Bevill
replied that the number
was around 2,000. Chairman
Bass then asked how many
hunters were thought to
take advantage of the conservation
season. Mr. Bevill responded
that staff was currently
in the process of trying
to determine the level of
participation, although
it was thought that over
100,000 geese had been taken
the previous season. Mr.
Bevill then proceeded to
inform the Committee of
season dates for ducks,
mergansers and coots, youth-only
waterfowl hunting, and falconry.
Chairman Bass then entertained
a motion from Commissioner
Angelo to forward the item
to the full Commission for
adoption. The motion was
seconded by Commissioner
Ryan and passed unanimously.
AGENDA ITEM NO. 2: ACTION - TRAP, TRANSPORT, AND TRANSPLANT
Chairman Bass recognized
Jerry Cooke, program director
for Upland Wildlife Ecology.
Mr. Cooke notified the Committee
that in addition to the
substantive amendments to
the regulations, staff had
also made changes in compliance
with the Chairman's Sunset
charge. Mr. Cooke then informed
the Committee of staff recommendations
for changes to the proposed
regulations, primarily responses
to public comments concerning
reporting requirements and
release criteria, alterations
of dates, and housekeeping.
Mr. Cooke continued by providing
a summary of staff outreach
efforts and the results
of public comment. Commissioner
Idsal asked if the marking
of trailers would be by
decal. Mr. Cooke responded
that trailers could be marked
in any fashion so long as
the effect was compliance
with the particulars of
the regulation. The motion
passed without opposition.
AGENDA ITEM NO. 3: ACTION – 2000-2001 Shrimp Management Proclamation
Chairman Bass recognized the presence of Senator Burnsen from the Beaumont area. Dr. Larry McKinney Senior Director for Aquatic Resources introduced the issues regarding shrimp management. Dr. McKinney reviewed three areas, environmental impacts on the shrimping industry, bycatch studies, and basic shrimp management science. Dr. McKinney also reviewed a series of key glossary terms with the Commissioners. Dr. McKinney then introduced guest speakers to address the various issues. Guest speakers were Dr. Adolfo Gracia senior scientist from the National University of Mexico, Dr. Roger Zimmerman, Director of the National Marine Fisheries Service Laboratory, Galveston, Texas and Dr. James Nance, Chief of the Fishery Management Branch of NMFS Laboratory. Dr. Gracia then gave his presentation regarding overfishing of shrimp populations in the south of the Gulf of Mexico. Chairman Bass asked if there were questions for Dr. Gracia. Commissioner Angelo asked about reaction of the Mexican shrimping industry to the closures in that country. Dr. Gracia responded there were mixed reactions. Offshore brown shrimp fishermen accepted the changes well, and offered an extended closure in the Gulf. The Campeche Banks fishermen did not like the closures because it caused shorter shrimping times and required greater distances to travel.
Dr. McKinney introduced
Drs. Zimmerman and Nance.
Dr. Zimmerman stated he
was representing Dr. Bill
Hogarth Regional Administrator
of the Southeast Fisheries
Service, and introduced
Dr. Jim Nance. Dr. Zimmerman
made his presentation regarding
the shrimp fishery, status
of the stocks, and shrimp
fishery data. Commissioner
Ryan asked Dr. Zimmerman
if a substantial reduction
of shrimp would be noticed
during drought periods.
Dr. Zimmerman responded
that drought impacts different
species differently. Specifically,
brown shrimp prefer slightly
saltier water than do white
shrimp, but prolonged droughts
could negatively impact
all species. Commissioner
Ryan asked if the timing
of the drought had an impact.
Dr. Zimmerman responded
that timing could have a
serious impact. Commissioner
Dinkins asked for clarification
on NMFS responsibility over
shrimp. Dr. Zimmerman responded
the agency’s responsibility
was regulatory in nature
in the offshore (federal)
waters. Commissioner Dinkins
asked if Dr. Zimmerman saw
the proposed regulations
as consistent with federal
goals and management strategies
for shrimp. Dr. Zimmerman
responded in the affirmative
and reiterated that both
agencies were required to
take a conservative approach
meaning both a conservation-
and a low-risk approach.
Commissioner Dinkins asked
about Dr. Nance’s
publication record and whether
his publications dealt with
shrimp. Dr. Nance responded
affirmatively. Commissioner
Dinkins commented that one
of Dr. Nance’s publications
observed that there was
a possibility of recruitment
overfishing of shrimp in
Texas. Dr. Nance responded
that there is always that
possibility. Dr. Zimmerman
commented that when you
have a stock that is being
exploited at its maximum
level, as are shrimp, then
you are getting close to
the line of recruitment
overfishing. Commissioner
Angelo asked if NMFS was
considering any further
regulations in federal waters.
Dr. Zimmerman responded
that NMFS was not. Mr. Andrew
Sansom reinforced that growth
overfishing is occurring
in the shrimp fishery, which
is the step just above recruitment
overfishing. Dr. Zimmerman
responded affirmatively.
Commissioner Ryan asked
if they had looked at staff’s
recommendations. Dr. Zimmerman
responded they have not
looked at them in critical
detail. Commissioner Henry
asked how the question of
ownership of offshore resources
is addressed by NMFS. Dr.
Zimmerman responded they
are public resources and
are owned by the public.
Commissioner Henry asked
if Dr. Gracia’s information
of shrimp overfishing in
Mexico caused NMFS additional
concern. Dr. Zimmerman responded
it is an example where changes
in effort in one area affect
another area. Chairman Bass
asked for clarification
about the data used by NMFS
and TPW. Dr. Zimmerman responded
the catch data (fishery
dependent) were the same.
Chairman Bass asked for
a professional opinion about
the quality and quantity
of data were adequate to
make management decisions.
Dr. Zimmerman detailed that
the data were very extensive
and they were a good census
on amount that was caught.
Interviews with fishermen
could be improved, but are
still robust and have gone
through many reviews. Chairman
Bass asked if there were
further questions for these
presenters. The Chair recognized
Representative Solis who
was present at the meeting.
Dr. McKinney introduced
Mr. Hal Osburn, Director
of the Coastal Fisheries
Division. Mr. Osburn presented
staffs recommendations for
changes to shrimp fishery
regulations, including revisions
to the original proposals.
Commissioner Angelo asked
how many favorable comments
came from commercial fishery
members. Commissioner Angelo
asked how soon we would
expect measurable results
as rules take effect. Mr.
Osburn related that staff’s
recommendation to closely
monitor the fishery annually
for at least 5 years would
help make that determination,
but that we should see results
in bycatch much sooner.
Dr. McKinney injected that
was the reason for trying
to get bycatch reduction
devices into the fishery
as soon as possible. Dr.
McKinney provided Commissioner
Angelo’s initial question
about industry’s comments.
Commissioner Dinkins asked
for the agency’s authority
to make the regulations,
and if there was a basis
to make regulations for
economic reasons. Mr. Osburn
related that authority came
from seven different chapters
of the Parks and Wildlife
Code and that economics
was not to be the sole reason
for regulations. Commissioner
Dinkins asked Mr. Osburn
to summarize the most important
biological reasons for recommending
the proposals. Mr. Osburn
responded it was for the
long-term risk management
of the species and fishery.
Commissioner Dinkins asked
if Mr. Osburn viewed the
proposals as being consistent
with the Shrimp Fishery
Management Plan. Mr. Osburn
responded to the affirmative.
In terms of the 5-year study,
does staff infer the agency
would not address shrimp
within that time frame,
or is there room for action
if necessary. Mr. Osburn
responded that staff could
not take away the Commission’s
authority to deal with issues
on and emergency or even
with new information. Commissioner
Dinkins asked what the cost
of the bycatch reduction
devices would be. Mr. Osburn
related it would be $40-50
per device.
Commissioner Henry asked
if staff was able to clear
up any deficiencies or contradictions
as related by various correspondences.
Dr. McKinney responded that
he felt staff had done just
that and that responses
to those were in the Commissioners’ packets,
and reflects input from
the public.
Chairman Bass noted there were eight individuals who were invited to provide stakeholder perspectives. The Chairman called Julius Collins of the Texas Shrimp Association and Richard Moore of PISCES to the microphones. Mr. Collins made his presentation supporting status quo. Chairman Bass called Mr. Jimmy Evan’s to the microphone. Mr. Moore made his presentation indicating his opposition to the proposed regulations. Commissioner Dinkins asked Mr. Moore what he felt the impact of the proposal would be on the shrimp fishery. Mr. Moore responded with his interpretations. Chairman Bass called Mr. Brian Sybert to the microphone. Mr. Evans made his presentation stating he preferred the original proposals but indicating his general support to the current proposals. Chairman Bass called Ms. Thuy Vu to the microphone. Mr. Sybert made his presentation stating he preferred the original proposals but indicating his general support to the current proposals. Chairman Bass called Mr. Jeff Noel to the microphone. Ms. Vu gave her presentation indicating her opposition to the proposed regulations and offered alternate proposals. Chairman Bass asked for Ms. Vu to clarify some of her alternate proposals regarding bay regulations. She responded that the count-size proposals should be incorporated. Chairman Bass called Mr. Kevin Daniels to the microphone. Mr. Noel gave his presentation indicating his support of the proposed regulations. Chairman Bass called Mr. Ray Allen to the microphone. Mr. Daniels of CCA Texas gave his presentation. Mr. Allen of the Corpus Christi Bay National Estuary Program gave his presentation indicating his general support of the proposed regulations.
Chairman Bass asked for a motion to forward further comments to the public hearing portion of the meeting. Commissioner Angelo asked the Chairman for clarification of the Commissions’ responsibilities by moving discussion forward. Chairman Bass provided that clarification. Commissioner Angelo so moved and Commissioner Dinkins seconded the motion. Motion passed unanimously.
AGENDA ITEM NO. 4: ACTION - THREATENED AND ENDANGERED NONGAME SPECIES REGULATIONS
Chairman Bass postponed the presentation until the following day on the agenda of the full Commission. Commissioner Dinkins moved that this item be put on the Full Commission agenda for the next day. Commissioner Ryan seconded. Motion passed unanimously.
IV. ADJOURNMENT: Chairman Bass adjourned the regulations committee.
Committee
Agenda Item No. 1
Presenter: Andrew Sansom
Regulations
Committee
Briefing
Chairman's Charges
November 2000
(This item will be an oral presentation.)
Committee
Agenda Item No. 2
Presenter: Gene McCarty
Regulations
Committee
Action
Legislative Regulations
Review
November 2000
(This is Public Hearing Agenda Item No. 3.)
Committee
Agenda Item No. 3
Presenters: Gary Graham,
Paul Hammerschmidt, Phil
Durocher
Regulations
Committee
Briefing
Potential Changes to the
Statewide Hunting and Fising
Proclamation 2001-2002
November 2000
I. DISCUSSION: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61. The potential changes are based upon statutory requirements, including scientific investigation and required findings of fact where applicable. The potential changes would increase recreational opportunity, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.
Attachment - 1
1. Exhibit A - Synopsis of potential changes to the Statewide Hunting and Fishing Proclamation for 2001-2002 .
Committee
Agenda Item No. 3
Exhibit A
Statewide
Hunting and Fishing Proclamation
Staff Proposals
2001-2002
WILDLIFE
White-tailed deer:
Expand the statewide youth-only weekend for modern arms to include all weekends in October and the three weekends following the second Sunday in January. This change would facilitate youth recruitment through greater flexibility in providing hunts. The proposed season would not affect Level II or Level III MLD properties or preclude hunting by archery.
In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, and Tyler counties, allow the harvest of antlerless deer without antlerless permits during the muzzleloader-only season on U.S. Forest Service, Corps of Engineers, Trinity River Authority and Sabine River Authority lands. The change corrects an oversight in the previous regulatory cycle.
Expand the LAMPS program to include Fannin, Hunt, and Rains counties. This proposal will provide greater landowner flexibility and facilitate antlerless harvest where more intensive management requirements under the MLDP are inappropriate or unfeasible.
Increase the bag limit in Brown, Coke, Coleman, Concho, Glasscock, Howard, Irion, Mills, Mitchell, Nolan, Reagan, Runnels, Sterling, and Tom Green counties, from four deer (no more than two bucks) to five deer (no more than two bucks). Biological data indicate that the bag limit can be increased without causing either depletion or waste.
Increase the bag limit in Aransas, Atascosa, Bee, Calhoun, Cameron, Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr, and Willacy counties, from four deer (no more than two bucks) to five deer (no more than three bucks). Biological data indicate that the bag limit can be increased without causing either depletion or waste.
In Aransas, Atascosa, Bee, Brooks, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U. S. Hwy. 90), Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina (south of U. S. Hwy. 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U. S. Hwy. 90), Webb, Willacy, Zapata, and Zavala counties, open the season on the first Saturday in November rather than the second Saturday in November. This change would provide a more uniform opening date across Texas, and would not result in either depletion or waste.
Allow the use of Antlerless and Spike-buck Deer Control Permits statewide from the Saturday nearest September 30 through the last day of any open season in a given county. This change would increase the time available to landowners and land managers to remove specified numbers of animals and reduce negative habitat impacts of overpopulation.
Eastern Wild Turkey:
Expand the Spring season for Eastern wild turkey into Houston, Rusk, Smith, Upshur, and Wood counties. Addresses maximizing hunter opportunity. Habitat continuity and the time elapsed since stocking operations were completed in or near the affected counties have created a suitable opportunity for the implementation of an open season under the same regulatory scheme as counties currently enjoying an open season
Javelina:
Open a javelina season in Archer County. The change would increase hunter opportunity. Biological data indicate that a season can be opened without causing either depletion or waste.
INLAND FISHERIES
REGULATION SIMPLIFICATION
Lakes Belton (Bell County), Cisco (Eastland County), Greenbelt (Donley County), Oak Creek (Coke County), Stillhouse Hollow (Bell County), White River (Crosby County), Whitney (Bosque and Hill Counties)
Proposal
Current harvest regulations for smallmouth bass consist of 18-inch minimum length limits and a 3-fish daily bag limit. Regulations would be changed to a 14-inch minimum length limit and a 5-fish daily bag limit.
Expected Results
Use of the 18-inch minimum length limit for smallmouth bass has had no impact on populations in these reservoirs. Reinstatement of the statewide 14-inch minimum length limit would not negatively impact existing populations and would simplify regulations.
IMPROVE/MAINTAIN FISHING QUALITY
Lake Sweetwater (Nolan County)
Proposal
Current harvest regulation for largemouth bass consists of a 14-inch minimum length limit and a 5-fish daily bag limit. Regulations would be changed to a 14-18-inch slot limit with a 5-fish daily bag limit.
Expected Results
Lake Sweetwater has demonstrated the potential for production of more and larger bass. Good habitat, high fertility, and excellent prey fish production exist. Reducing the fishing mortality of 14-18 inch largemouth bass should increase quality-sized largemouth bass available to anglers and increase trophy-sized bass.
O. H. Ivie Reservoir(Coleman, Concho, Runnels Counties)
Proposal
Current harvest regulation for largemouth bass consists of an 18-inch minimum length limit and a 5 fish daily bag limit. Regulations would be changed to no minimum length limit for largemouth bass. Of the 5 largemouth bass an angler could harvest, only two could be less than 18 inches.
Expected results:
The 18-inch minimum length limit has resulted in a quality fishery throughout the 1990’s; however, this protection has now resulted in slow bass growth and stockpiling of largemouth bass in the 14 to 16-inch range. Declining water levels are exacerbating these conditions. Allowing anglers to harvest some slow growing largemouth bass below 18 inches should reduce the number of bass in the stockpiled size range and result in increased growth rates.
Pinkston Reservoir (Shelby County)
Proposal
Current harvest regulations for largemouth bass consist of a 14-18 inch slot limit and a 5-fish daily bag limit. Regulations would be changed to a 14-21 inch slot length limit and 5 fish daily bag of which only one fish 21 inches or greater may be harvested per day.
Expected Results
Pinkston Reservoir has trophy bass potential as demonstrated by the former state record bass that was caught there in 1986. Increasing the upper end of the slot limit to 21 inches should increase numbers of trophy-sized bass in the population by providing additional protection to bass 18-21 inches in length. Allowing harvest of bass less than or equal to 14 inches could decrease intraspecific competition and increase growth rates.
REGULATION STANDARDIZATION
Lakes Coffee Mill and Davy Crockett (Fannin County)
Proposal
Regulations would be changed to prohibit the use of trotlines, juglines, and throwlines.
Expected Results
These reservoirs are part of the Caddo National Grasslands. This change would put National Grassland and TPW regulations in concurrence concerning fishing methods. Prohibition of trotlines, juglines, and throwlines would provide some protection from over-harvest of channel catfish.
COASTAL FISHERIES
Compatibility with Federal Rules in the Exclusive Economic Zone
Staff will be reviewing possible rule changes regarding the harvest of various marine finfish species to be compatible with rules implemented in the federal waters of the Exclusive Economic Zone. Staff will evaluate through scoping a potential regulation change to increase the Spanish mackerel bag limit.
Committee
Agenda Item No. 4
Presenter: Robin Reichers
Regulations
Committee
Action
Petition for Rulemaking
November 2000
(This is Public Hearing Agenda Item No. 4.)
Committee
Agenda Item No. 5
Presenter: Jerry Cooke
Regulations
Committee
Action
Petition for Rulemaking
Quail Season Opening Day
November 2000
I. DISCUSSION: The department has received a petition requesting that the Commission modify the Statewide Hunting and Fishing Proclamation. The petitioner requests that the opening date of quail season be set one week earlier than the earliest opening date for the white-tailed deer season, which currently is the first Saturday in November. The petitioner states that because he hunts quail in South Texas, the current regulation (which opens the quail season the Saturday closest to November 1, or November 4 of this year) forces him to choose between hunting quail in South Texas or deer in North Texas on opening day (also November 4 of this year).
II. RECOMMENDATION: Staff has reviewed the petition and finds that no biological implications, positive or negative, would result from implementing the petitioner's request. Staff recommends that the item be included in the rulemaking process for the 2001-2002 Statewide Hunting and Fishing Proclamation.
Attachment - 1
1. Exhibit A - Petition for Rulemaking (Available upon request.)
Committee
Agenda Item No. 6
Presenter: Jerry Cooke
Regulations
Committee
Action
Managed Lands Deer Permits
November 2000
(This is Public Hearing Agenda Item No. 6.)
Committee
Agenda Item No. 7
Presenter: Robert Sweeney
Regulations
Committee
Action
Statewide Aquatic Vegetation
Management Rules
November 2000
(This is Public Hearing Agenda Item No. 5 .)
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