Texas Parks and Wildlife Commission
Public Hearing
November 2000 Commission Meeting
Committee and Public Hearing Synopsis Reports
REGULATIONS COMMITTEE
November 8, 2000
ITEM 1: BRIEFING – Chairman’s Charges
ITEM 2: ACTION – Rule Review
Presenter: Gene McCarty
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item could be eligible for consent agenda. |
This item seeks adoption of proposed rulemaking required by House Bill 1, 75th Legislature, which requires the Department to review all regulations and either repeal, amend, or readopt them. The item addresses a suite of regulations in 31 TAC including:
- Chapter 51 – Executive
- Chapter 52 – Fisheries and Wildlife
- Chapter 55 – Law Enforcement
- Chapter 61 – Design and Construction
ITEM 3: BRIEFING – Statewide Hunting and Fishing Preview
Presenter: Paul Hammerschmidt, Phil Durocher, Gary Graham
| ACTION: Committee review and discussion. |
This item briefs the Regulations Committee on potential changes to the 2000-2001 Statewide Hunting and Fishing Proclamation. The potential changes include:
WILDLIFE
- Expansion of the Youth-Only season for deer, turkey, and quail by adding seven new weekends
- Elimination of permit restrictions for antlerless deer during the muzzleloader-only season on U.S. Forest Service, Corps of Engineers, Trinity River Authority and Sabine River Authority lands in 11 East Texas counties
- Expansion of the LAMPS program into three additional counties
- Increasing the bag limit by one antlerless deer in 14 counties of the northern Edwards Plateau (five deer, no more than two bucks)
- Increasing the bag limit by one buck in 12 South Texas counties (five deer, nor more than three bucks)
- Opening the deer season in 29 South Texas counties on the first Saturday in November, rather than the second
- Authorizing the use of Antlerless and Spike-buck Deer Control Permits statewide from the Saturday nearest September 30 through the least day of any open season in a given county
- Expansion of the spring season for Eastern wild turkey into five additional counties
- Open a season for javelina in one additional county
INLAND FISHERIES
- Simplification of smallmouth bass regulations on seven reservoirs by decreasing minimum length restrictions from 18 inches to 14 inches and increasing daily bag limit from three fish to five fish
- Improvement of fishing quality on Lake Sweetwater by eliminating the 14-inch length limit and implementing a 14-18 inch slot limit
- Improvement of fishing quality on O.H. Ivie Reservoir by eliminating minimum length restrictions for largemouth bass and allowing only two fish of less than 18 inches to be retained per day
- Improvement of fishing quality on Pinkston Reservoir by increasing the slot limit from 14-18 to 14-21 and allowing only two fish of greater than 21 inches to be retained per day
- Prohibit the use of trotlines, juglines, and throwlines on two reservoirs in Fannin County
COASTAL FISHERIES
- Increase the recreational and commercial bag limits for Spanish mackerel to be compatible with rules implemented in the federal waters of the Exclusive Economic Zone
- Increase bag to 15 fish (from 7 to 15 to match the federal bag limit)
ITEM 4: ACTION – Petition for Rulemaking
Presenter: Robin Riechers
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item could be eligible for consent agenda. |
Regarding the Establishment of a Rule Mandating Spotted Seatrout, Flounder, and Red Drum Landed in Texas Comply with Established Texas Bag and Size Limits.
On August 30, 2000, Mr. Jerry Norris presented a petition for rulemaking that was signed by 569 individuals (Exhibit A) to the Commission. The petition requests that any spotted seatrout, flounder or red drum landed in the counties of Jefferson and Orange, Texas must meet with established Texas bag and size limits required for those fish.
Mr. Norris and the petitioners expressed the following concerns about populations of spotted seatrout, flounder and red drum in Sabine Lake: 1) a large number of anglers were landing Louisiana limits in Texas; 2) fish caught legally in unlimited numbers within federal waters (EEZ) off Louisiana were being landed in Texas; and 3) this excessive harvest compromises the biological viability of the species within Sabine Lake.
Staff has reviewed this issue, and finds 1) Texas Parks and Wildlife (TPW) recreational harvest data indicate that few individuals landing fish in Texas exceeded Texas bag limits; 2) landing unlimited numbers of fish in Texas from the EEZ is already illegal; and 3) TPW resource monitoring data for Sabine Lake indicate population trends of these three species have improved over the last 10 years.
Staff will recommend denial of the petition.
ITEM 5: ACTION – Petition for Rulemaking – Quail Season
Presenter: Dr. Gary Graham
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item could be eligible for consent agenda. |
This item presents a petition for rulemaking received by the Department. The petitioners request that the opening day of quail season be moved from the Saturday closest to November 1 to the last Saturday in October.
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.
ITEM 6: ACTION – Managed Lands Deer Permits
Presenter: Dr. Jerry Cooke
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item could be eligible for consent agenda. |
This item amends the Statewide Hunting and Fishing Proclamation to make Level 2 and Level 3 MLD permits valid during any open white-tailed deer season, rather than until the end of January.
ITEM 7: ACTION – Statewide Aquatic Vegetation Management Rules
Presenter: Robert Sweeney
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item could be eligible for consent agenda. |
This item asks the Commission to adopt regulations to implement HB 3079 of the 76th Legislature, relating to the statewide aquatic vegetation management plan. These regulations would:
- Create a statewide plan that requires aquatic vegetation management to be consistent with the principles of integrated pest management as described in a guidance document to be prepared by the Department
- Require that the guidance document encourage beneficial aquatic vegetation where appropriate, encourage addressing the root causes of nuisance aquatic vegetation problems, and support monitoring, assessment, research, public participation, and education intended to address nuisance aquatic vegetation problems with the least possible hazard to persons, property, and the environment
- Provide for notice to regulatory bodies of proposed measures to control nuisance aquatic vegetation, especially herbicide application
- Allow the Department to disapprove aquatic vegetation control measures that are inconsistent with the state plan
- Allow for adoption of local plans if they are at least as stringent as the state plan and create procedures for approval of local plans
FINANCE COMMITTEE
November 8, 2000
ITEM 1: BRIEFING – Chairman’s Charges
ITEM 2: BRIEFING – Financial Review Update
Presenter: Suzy Whittenton
| ACTION: Committee review and discussion. |
Staff will present a financial review for the year to day FY2001, including an update on Account 9, Game, Fish and Water Safety and account 64, State Parks. This presentation will focus on the sale of hunting and fishing licenses, boat registration and titling fees, and state park fees. Updated budget and expenditure information will be also be presented.
ITEM 3: ACTION – Artwork
Presenter: Frances Stiles
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item could be eligible for consent agenda. |
This item provides the Commission the opportunity to review and approve the artwork utilized for the annual stamp and print program for Waterfowl, Saltwater, Turkey, and Nongame.
ITEM 4: BRIEFING – Point-of-Sale Update
Presenter: Jayna Burgdorf
| ACTION: Committee review and discussion. |
The update on replacement of the license sales system will include the status of the development project with MCI WorldCom and policy changes associated with the new system.
CONSERVATION COMMITTEE
November 8, 2000
ITEM 1: BRIEFING – Chairman’s Charges
ITEM 2: BRIEFING – Texas Tech Study
Presenter: Andrew Sansom/Lydia Saldana
| ACTION: Committee review and discussion. |
Texas Parks and Wildlife has contracted with Texas Tech University to conduct a comprehensive research study that will assist state leadership in charting a conservation course for the future.
This item will:
- Phase I is a public opinion survey led by Mark Duda of Responsive Management Inc, who is nationally known for work examining human and social factors impacting wildlife conservation.
- Phase II is a statewide needs assessment for outdoor recreation and natural and cultural resource conservation, led by Clif Ladd of Loomis Austin.
ITEM 3: BRIEFING – S.B. 1
Presenter: Larry McKinney
| ACTION: Committee review and discussion. |
Texas Parks and Wildlife (TPW) staff has worked closely with the Texas Natural Resource Conservation Commission, the Texas Water Development Board (TWDB), and the sixteen regional planning groups established in Senate Bill 1 by the 75th Legislature. The regional plans are now complete and have been forwarded to the TWDB for review and compilation into a state plan by January 0f 2002.
The briefing will summarize TPW staff efforts to support regional planning groups, assess environmental aspects of the regional plans, and discuss future actions as related to TPW’s role in development the state plan.
ITEM 4: ACTION – Land Sale – Nacogdoches County (Alazan Bayou WMA)
Presenter: Jack Bauer
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item is not eligible for consent agenda. |
Land sale at Alazan Bayou WMA to Nacogdoches County for the purpose of widening FM 2782
- Improvement to the road is a scheduled upgrade by the Texas Department of Transportation for which the County is responsible for providing ROW
- The road improvement will significantly improve access to the Alazan Bayou WMA facility by the public
- The sale price is based on a current appraisal of fair market value
ITEM 5: ACTION – Land Acquisition – Kendall County (Old Tunnel WMA)
Presenter: Jack Bauer
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item is not eligible for consent agenda. |
Land Acquisition of an approximate 5.61-acre lot adjacent to Old Tunnel WMA for the purpose of providing space to construct a 100-space parking lot in support of public visitation.
- This is the lowest-cost total project cost option
- Funding for this acquisition is recommended from revenue generated from the sale of the Pelton property
- This acquisition and parking lot construction will greatly improve traffic safety for visitors to the Old Tunnel facility as well as for residents to the adjacent Alamo Springs Ranch Subdivision
- This acquisition and associated capital construction project will greatly improve the management of the facility
ITEM 6: ACTION – Land Acquisition – Randall County Palo Duro Canyon – Canoncita
Presenter: Karen Leslie
| ACTION: Committee
consideration for
presentation to full
Commission in Public
Hearing. This item
is also located in
the Public Hearing
Synopsis report.
CONSENT: This item is not eligible for consent agenda. |
Land acquisition of approximately 2,036 acres adjacent to Palo Duro Canyon State Park is recommended.
- Purchase property for $1.2 million
- Continue discussions with Amarillo Area Foundation regarding a possible endowment for the park
- Protect viewshed of park
- No additional operating funds will be needed since the property can be managed with existing staff
AD HOC INFRASTRUCTURE COMMITTEE
November 8, 2000
ITEM 1: BRIEFING – Chairman’s Charges
ITEM 2: BRIEFING – Bond and Capital Program Update
Presenter: Scott Boruff
| ACTION: Committee review and discussion. |
Briefing on the status of the Bond and Capital Program. The report will reflect project status of each bond issue, current status of capital dollars expended, and projected expenditure goals.
AD HOC OUTREACH COMMITTEE
November 8, 2000
ITEM 1: BRIEFING – Chairman’s Charges
ITEM 2: BRIEFING – Statewide and Regional Outreach Initiative Update
Presenter: Bob Murphy
| ACTION: Committee review and discussion. |
This briefing provides the Committee with an update on agency efforts to implement a comprehensive statewide and regional outreach effort including the following strategies:
- Planning, staff, and coordination of regional outreach efforts in Houston, Dallas/Ft. Worth and San Antonio
- Organization of staff around a department-wide outreach theme such as "Outdoor Kids"
- Contracts for services with intermediary outreach groups and summer pilot accomplishments in Houston and Dallas
- Continued funding of Community Outdoor Outreach Program grants
- Coordination with planning at Sheldon Lake State Park (Houston), Cedar Hill State Park (Dallas) and at Government Canyon (San Antonio)
A department-wide supplemental has been approved to hire regional specialists to direct outreach efforts in Houston, Dallas and San Antonio. Resource Protection and Education staff organization has been realigned to coordinate the statewide outreach strategic plan including these regional efforts. Outreach efforts will be coordinated across divisions via the existing Education (and Outreach) Team. A recap of planning efforts and contracted services, including the successes of regional pilots in Houston and Dallas, will be provided. Status of outreach efforts to be included in planning efforts at Sheldon Lake SP, Cedar Hill SP and Government Canyon SNA will be discussed.
SYNOPSIS REPORTS
Thursday, November 9, 2000
PUBLIC HEARING
November 9, 2000
ACCEPTANCE OF GIFTS
RETIREMENT CERTIFICATES AND SERVICE AWARDS
PRESENTATION – SHIKAR-SAFARI OFFICER OF THE YEAR AWARD
Staff: Jim Robertson
APPROVAL OF AGENDA - Chairman Bass
ITEM 1: ACTION - Consent Agenda Items
ITEM 2: BRIEFING – Expo IX Wrap-up
Presenter: Ernie Gammage
| ACTION: Commission review and discussion. |
Presentation of highlights of the 2000 Texas Wildlife Expo.
ITEM 3: ACTION – Rule Review
Presenter: Gene McCarty
| ACTION: Commission consideration for adoption. |
This item seeks adoption of proposed rulemaking required by House Bill 1, 75th Legislature, which requires the Department to review all regulations and either repeal, amend, or readopt them. The item addresses a suite of regulations 31 TAC including:
- Chapter 51 – Executive
- Chapter 52 – Fisheries and Wildlife
- Chapter 55 – Law Enforcement
- Chapter 61 – Design and Construction
ITEM 4: ACTION – Petition for Rulemaking
Presenter: Robin Riechers
| ACTION: Commission consideration for adoption. |
Landed in Texas Comply with Established Texas Bag and Size Limits.
On August 30, 2000, Mr. Jerry Norris presented a petition for rulemaking that was signed by 569 individuals (Exhibit A) to the Commission. The petition requests that any spotted seatrout, flounder or red drum landed in the counties of Jefferson and Orange, Texas must meet with established Texas bag and size limits required for those fish.
Mr. Norris and the petitioners expressed the following concerns about populations of spotted seatrout, flounder and red drum in Sabine Lake: 1) a large number of anglers were landing Louisiana limits in Texas; 2) fish caught legally in unlimited numbers within federal waters (EEZ) off Louisiana were being landed in Texas; and 3) this excessive harvest compromises the biological viability of the species within Sabine Lake.
Staff has reviewed this issue, and finds 1) Texas Parks and Wildlife (TPW) recreational harvest data indicate that few individuals landing fish in Texas exceeded Texas bag limits; 2) landing unlimited numbers of fish in Texas from the EEZ is already illegal; and 3) TPW resource monitoring data for Sabine Lake indicate population trends of these three species have improved over the last 10 years.
Staff will recommend denial of the petition.
ITEM 5: ACTION – Statewide Aquatic Vegetation Management Rules
Presenter: Steve Hall
| ACTION: Commission consideration for adoption. |
This item asks the Commission to adopt regulations to implement HB 3079 of the 76th Legislature, relating to the statewide aquatic vegetation management plan. These regulations would:
- Create a statewide plan that requires aquatic vegetation management to be consistent with the principles of integrated pest management as described in a guidance document to be prepared by the Department
- Require that the guidance document encourage beneficial aquatic vegetation where appropriate, encourage addressing the root causes of nuisance aquatic vegetation problems, and support monitoring, assessment, research, public participation, and education intended to address nuisance aquatic vegetation problems with the least possible hazard to persons, property, and the environment
- Provide for notice to regulatory bodies of proposed measures to control nuisance aquatic vegetation, especially herbicide application
- Allow the Department to disapprove aquatic vegetation control measures that are inconsistent with the state plan
- Allow for adoption of local plans if they are at least as stringent as the state plan and create procedures for approval of local plans
ITEM 6: ACTION – Managed Lands Deer Permits
Presenter: Dr. Jerry Cooke
| ACTION: Commission consideration for adoption. |
This item amends the Statewide Hunting and Fishing Proclamation to make Level 2 and Level 3 MLD permits valid during any open white-tailed deer season, rather than until the end of January.
ITEM 7: ACTION – Artwork
Presenter: Frances Stiles
| ACTION: Commission consideration for adoption. |
This item provides the Commission the opportunity to review and approve the artwork utilized for the annual stamp and print program for Waterfowl, Saltwater, Turkey, and Nongame.
ITEM 8: BRIEFING – DU Texas CARE Announcement
Presenter: Vernon Bevill
| ACTION: Commission review and discussion. |
Texas CARE (Conservation, Agriculture, Resources and the Environment) is a partnership between TPW and DU and will be the umbrella under which DU will carry out all of its conservation and fundraising work in Texas. It will include Texas Prairie Wetlands Program, MARSH, and any new initiatives undertaken on public or private lands. Texas CARE will include three priority areas: (1) Gulf Coast, (2) East Texas and Pineywoods, and (3) Playa Lakes. There will be other "special projects" that may be outside these priority areas, but will be consistent with the mission.
ITEM 9: ACTION – Land Sale – Nacogdoches County (Alazan Bayou WMA)
Presenter: Jack Bauer
| ACTION: Commission consideration for adoption. |
Land sale at Alazan Bayou WMA to Nacogdoches County for the purpose of widening FM 2782
- Improvement to the road is a scheduled upgrade by the Texas Department of Transportation for which the County is responsible for providing ROW
- The road improvement will significantly improve access to the Alazan Bayou WMA facility by the public
- The sale price is based on a current appraisal of fair market value
ITEM 10: ACTION - Land Acquisition Kendall County (Old Tunnel WMA)
Presenter: Jack Bauer
| ACTION: Commission consideration for adoption. |
Land Acquisition of an approximate 5.61-acre lot adjacent to Old Tunnel WMA for the purpose of providing space to construct a 100-space parking lot in support of public visitation.
- This is the lowest-cost total project cost option
- Funding for this acquisition is recommended from revenue generated from the sale of the Pelton property
- This acquisition and parking lot construction will greatly improve traffic safety for visitors to the Old Tunnel facility as well as for residents to the adjacent Alamo Springs Ranch Subdivision
- This acquisition and associated capital construction project will greatly improve the management of the facility
ITEM 11: ACTION – Land Acquisition – Randall County
Presenter: Karen Leslie
| ACTION: Commission consideration for adoption. |
Land acquisition of approximately 2,036 acres adjacent to Palo Duro Canyon State Park is recommended.
- Purchase property for $1.2 million
- Continue discussions with Amarillo Area Foundation regarding a possible endowment for the park
- Protect viewshed of park
- No additional operating funds will be needed since the property can be managed with existing staff
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