Presenter: Robin Riechers

Commission Agenda Item No. 7
Statewide Oyster Fishery Proclamation/Rule Review
April 2002

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.

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 22, 2002 issue of the Texas Register (27 TexReg 1353), consisting of the contents of Chapter 58 (Oysters and Shrimp); Subchapters A (Statewide Oyster Fishery). Regulations proposed for readoption are retained on the basis of continuing need and the determination that the reasons for their existence continue to exist.

As of this writing, comments regarding the rule review were still being received. A complete summary of the comments will be provided at the presentation.

II. Recommendation: Staff recommends that the Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission readopts all sections within 31 TAC Chapter 58 Subchapter A.”

Attachments – 2

1. Exhibit A – Chapter 58 Notice of Intent
2. Exhibit B – Fiscal Note (Available upon request)

Commission Agenda Item No.7
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 58: Oyster and Shrimp

Subchapter A: Statewide Oyster Fishery Proclamation

§58.10. Application
§58.11. Definitions
§58.12. Texas Oyster Fishery Management Plan
§58.21. Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules
§58.22. Commercial Fishing
§58.23. Non-Commercial (Recreational) Fishing
§58.24. Penalties
§58.30. Private Oyster Leases
§58.40. Oyster Transplant Permits
§58.50. Oyster Harvest Permits
§58.60. Transplant or Harvest Permit Cancellation

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, 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 4, 2002.