Texas Parks and Wildlife Commission
Public Hearing
May 2002 Commission Meeting
Committee and Public Hearing Synopsis Reports
REGULATIONS COMMITTEE
May 29, 2002
ITEM 1: Chairman’s Charges
ITEM 2: 2002-2003 Migratory Game Bird Proclamation – Early Season
Presenter: Vernon Bevill
This item apprises the committee of anticipated developments in the federal regulatory process and amends the Migratory Game Bird Proclamation to adjust season dates to account for calendar shift.
ITEM 3: Legislative Rules Review-Rulemaking, Chapter 65, Subchapter A, N, and Q
Presenter: Jerry Cooke
This item addresses the results of the legislative rules review of Chapter 65, Wildlife. The item amends Chapter 65, Subchapters A, N, and Q to implement specific dates upon which the closures of seasons for game animals, game birds, and furbearers will cease effect in the state-owned riverbeds of Dimmit, Uvalde, and Zavala counties.
ITEM 4: Cervid Disease Issues
Presenter: Jerry Cooke
This item presents voluntary efforts by the membership of the Texas Deer Association to implement adequate testing and monitoring protocols to detect tuberculosis and Chronic Wasting Disease in captive herds. The item also presents potential amendments to the Scientific Breeder Proclamation to impose minimum herd health standards for deer held within scientific breeder facilities.
FINANCE COMMITTEE
May 29, 2002
ITEM 1: Chairman’s Charges
ITEM 2: Bomer Report Update
Presenter: Bob Cook
Staff will brief the Commission on the status of the implementation plan for the Bomer Management Report recommendations.
ITEM 3: Financial Review and Update
Presenter: Suzy Whittenton
Staff will present a financial review for the year to date FY2002, 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. Staff will also present preliminary budget information for FY2003.
ITEM 4: Revenue Estimating Methodology
Presenter: Suzy Whittenton
Staff will present proposed methodology for estimating revenues for the coming biennium (FY 04-05). The Business Practices Evaluation report by Elton Bomer recommended that the methodology be fully documented and presented to the Commission at its May 2002 meeting.
ITEM 5: Nonprofit Partners Resolution
Presenter: Susan Harris/Page Campbell
Pursuant to S.B. 305 as enacted by the 77th Legislative Session, staff will present to the Finance Committee and full Commission a resolution adopting current non-profit partners. Two lists will be presented for approval, closely related non-profits (our friends groups) and other non-profits. Recommendations will be made regarding the ongoing department policy for this approval.
ITEM 6: Point-of-Sale Update and License Legibility Rules
Presenter: Suzy Whittenton
Staff will update the Commission on the implementation of the new license system. The update will include information regarding the finalization of the system implementation as well as preparation for the new license year.
In addition, staff will brief the commission on proposed amendments to Title 31, Texas Administrative Code, Chapter 53, Finance that will add a new rule specifying standards for licenses, including legibility. The changes are required by provisions in Senate Bill 305 (TPW’s Sunset legislation). Staff will request permission to publish the proposed changes in the Texas Register for public comment.
ITEM 7: TPW Facility Transfer – Port Lavaca
Presenter: Walt Dabney
- Negotiations have been underway between Parks and Wildlife and the City of Port Lavaca related to the possible transfer the Port Lavaca State Fishing Pier to the City
- The City of Port Lavaca is interested in accepting transfer of the pier along with funds for renovation and reconstruction
- The City of Port Lavaca has requested a grant in the amount of $320,000 to repair hand rails, rebuild the restrooms, remove burnt exposed pilings, and repair the deck and under carriage of the pier. The $320,000 is the amount that the engineering study estimated it would cost TPW to demolish the pier
- It is proposed to authorize the Executive Director to execute the necessary agreements to affect the transfer of Port Lavaca State Fishing Pier for operations to the City of Dalhart as a city park site
CONSERVATION COMMITTEE
May 29, 2002
ITEM 1: Chairman’s Charges
ITEM 2: Land and Water Conservation Plan Update
Presenter: Bob Cook
This item will brief the Commission on the Land Water Resources Conservation and Recreation Plan Draft.
The process will include:
- Public comment meetings
- Advisory Committee input
- Stakeholder input
- Adoption at August meeting
ITEM 3: Streambed Task Force
Presenter: Larry McKinney
In November 2001, the Commission instructed staff to convene a task force composed of a broad spectrum of stakeholders to bring to the Commission perspectives regarding the use of motor vehicles in navigable streambeds. The task force held three meetings and members submitted information and offered their views. Staff has prepared a report that summarizes the work of the task force. In this item, staff will:
- Brief the Commission regarding the content of the report, and
- Request guidance from the Commission regarding future work on this issue and support of the interim legislative committees that are charged with considering this issue.
ITEM 4: Nomination for Oil and Gas Lease – Jefferson County
Presenter: Jack Bauer
The Board for Lease has received a nomination at the Salt Bayou Unit of the J. D. Murphree WMA for a lease sale offering. The purpose of this Committee Item is to alert the Commission to this nomination and seek recommendations for the Board for Lease. WMA.
This item will:
- Minimum acceptable bid recommendation is cash bonus bid of $150.00 per acre and a fixed royalty of 25%, with a $10.00 per acre delay rental for a 3-year lease
- Lease acreage is estimated at 4,707 acres
- Offsite drilling, fully mitigated wetland impacts and protection of the integrity of the hydrology of the area include conditions of the lease
ITEM 5: Prairie Dog Conservation Plan
Presenter: John Herron
Staff will brief the Commission on the status of black-tailed prairie dogs in Texas and the status of the management plan being prepared by citizens and conservation groups in cooperation with TPW.
In response to a petition and threatened legal action, in March 1999 the U.S. Fish and Wildlife Service placed the black-tailed prairie dog on the threatened-species candidate list due to declines of the species throughout its range, which once included approximately 80 Texas counties. In cooperation with 10 other states, Texas Parks and Wildlife is developing a conservation plan to show that the future of the species can be secured its remaining range, eliminating the need for federal listing.
A statewide conservation and management plan has been drafted and will soon be ready for public release and comment. The good news is that the prairie dog is more abundant in Texas than was thought, so it should not take much additional effort to conserve the species. As a result, the plan’s emphasis is on voluntary actions, assuring landowners the flexibility and freedom they need to manage prairie dogs when problems arise.
ITEM 6: Release of Land Use Restrictions – Galveston Island
Presenter: Ronnie Ray
The Department has been offered $35,000.000 for the removal and release of deed restrictions that limit the use of a 4.139-acre tract adjacent to Galveston Island State Park.
This item will:
- Generate revenue to be used for landscaping and habitat restoration at Galveston Island State Park
- Promote cooperation with a neighbor who is developing nature tourism and education facility
- Prevent changes in neighboring development plans that could have an undesirable effect on Galveston Island State Park
ITEM 7: Land Acquisition – Cameron County
Presenter: Jack Bauer
Land acquisition of approximately 14 acres is recommended to purchase road access, improve public access, and provide high quality farmland for native brush restoration at the Arroyo Colorado Unit of the Las Palomas WMA.
This item will:
- Appraised value is $2,750/acre and sales price is $3,000/acre
- Road construction will be completed at TXDOT expense
- No additional staff is anticipated with these additions
ITEM 8: Land Acquisition – Nueces County
Presenter: Jeff Francell
The acquisition of a 160-acre in-holding on Mustang Island as an addition to Mustang Island State Park.
This item will:
- The property is bounded on all sides by Mustang Island State Park and Corpus Christi Bay and is currently for sale
- Acquiring the property will conserve important wildlife habitat and remove trespass and off road vehicle encroachment into Mustang Island State Park
- The purchase will be
funded entirely by a grant
from the General land
Office and the National
Oceanic and Atmospheric
Administration
Acquiring the property will add no appreciable staff time or other management expenses to the Department.
ITEM 9: Land Acquisition – Harris County
Presenter: Ronnie Ray
The Department has been offered 8.32 acres in Harris County that is an in-holding at the San Jacinto Battleground State Historic Site.
This item will:
- Secure ownership of the last in-holding on the northeast side of the site
- Appraised value is $5,800.00. Sales price is $12,000.00
- The $12,000.00 sales
price is being funded
by donation from the Estate
of Lila Helen Jenkins
specifically provided
to TPW for the benefit
of the San Jacinto monument
AD HOC INFRASTRUCTURE COMMITTEE
May 29, 2002
ITEM 1: Chairman’s Charges
ITEM 2: FY 03 G.O. Bond Resolution
Presenter: Steve Whiston
Discussion on the FY 2003 General Obligation Bonds and Resolution.
OUTREACH AND EDUCATION COMMITTEE
May 29, 2002
ITEM 1: Chairman’s Charges
ITEM 2. Sunset Recommendations on Education and Outreach
Presenters: Steve Hall/Nancy Herron
Briefing contains initial draft of Texas Parks and Wildlife's Education and Outreach Plan - Management Response to Issue 6 of the Sunset Staff Report. Legislation (S.B. 305 requires that the report be presented to the Commission and to the various legislative committees prior to September 1, 2002. The initial draft was prepared by the department's Education and Outreach Director with the assistance from one of the 2002 Natural Leaders Team (Education and Outreach Project), Education Services Coordinator, Outreach Coordinator, the department's Internal Audit Branch and the interdivisional Education and Outreach Team. The report focuses on the four management actions addressed by the Sunset Staff that can improve the department's education and outreach efforts:
- Assessment of existing outreach and education programs for effectiveness and duplication
- Internal oversight of education and outreach efforts
- Evaluation of proposed new outreach and education programs and event to determine if they are needed, duplicate effort (internally or externally)
- Development of more extensive partnerships with other state agencies, state universities, national organizations
ITEM 3: Water Communications Initiative
Presenter: Lydia Saldaña
Aquatic Resources Director Larry McKinney and Communications Director Lydia Saldaña will discuss a comprehensive communications initiative on water. This integrated communications effort will include the following elements:
- A special issue (July 2002) of the Texas Parks and Wildlife Magazine
- The Texas Rivers book by John Graves and Wyman Meinzer, a TPW Press title to be published this summer
- A traveling exhibit featuring photography and text from the Texas Rivers book which will debut at the State Capitol
- An hour-long PBS documentary to air statewide early next year
- An upgraded water communications section on the TPW website
- Passport to Texas radio features
Media relations support
PUBLIC HEARING
SYNOPSIS REPORTS
PUBLIC HEARING
May 30, 2002
ACCEPTANCE OF GIFTS
RETIREMENT CERTIFICATES AND SERVICE AWARDS
OFFSHORE TECHNOLOGY CONFERENCE REEF PROGRAM
Staff: Paul Hammerschmidt
LONE STAR LAND STEWARD VIDEO
Staff: Gary Graham
ITEM 1: ACTION – Approval of Agenda
ITEM 2: ACTION – Legislative Rules Review-Rulemaking, Chapter 65, Subchapter A, N, and Q
Presenter: Jerry Cooke
ACTION: Commission consideration for adoption.
This item addresses the results of the legislative rules review of Chapter 65, Wildlife. The item amends Chapter 65, Subchapters A, N, and Q to implement specific dates upon which the closures of seasons for game animals, game birds, and furbearers will cease effect in the state-owned riverbeds of Dimmit, Uvalde, and Zavala counties.
ITEM 3: BRIEFING – Fish Hatchery Status Report
Presenter: Phil Durocher/Gary Saul
-
ACTION: Commission review and discussion.
The Commission will be briefed on the importance of fish stocking as a management tool in Inland Waters. The history of the state’s freshwater hatchery program will be reviewed and the current status and condition of the state’s five operating freshwater hatcheries examined. The briefing will end with a discussion of the staff’s efforts to overcome toxic golden algae at several of these facilities.
ITEM 4: Cervid Disease Issues
Presenter: Jerry Cooke
-
ACTION: Commission consideration for adoption.
This item presents voluntary efforts by the membership of the Texas Deer Association to implement adequate testing and monitoring protocols to detect tuberculosis and Chronic Wasting Disease in captive herds. The item also presents potential amendments to the Scientific Breeder Proclamation to impose minimum herd health standards for deer held within scientific breeder facilities.
ITEM 5: ACTION – Nonprofit Partners Resolution
Presenter: Susan Harris/Page Campbell
-
ACTION: Commission consideration for adoption.
Pursuant to S.B. 305 as enacted by the 77th Legislative Session, staff will present to the Finance Committee and full Commission a resolution adopting current non-profit partners. Two lists will be presented for approval, closely related non-profits (our friends groups) and other non-profits. Recommendations will be made regarding the ongoing department policy for this approval.
ITEM 6: ACTION – FY 03 G. O. Bond Resolution
Presenter: Steve Whiston
-
ACTION: Commission consideration for adoption.
Discussion of the FY 2003 General Obligation Bonds and Resolution.
ITEM 7: Angler and Hunter Population Review
Presenter: Gary Graham
-
ACTION: Commission review and discussion.
The number of hunting license buyers has been in decline since 1982 when it peaked at approximately 1.25 million license sold. A detailed analysis of various distributions describing hunting license buyers will be presented. Hunting License buyer numbers are related to recruitment and retention. Age is impacting retention, though there are some license buyers who do not consistently purchase licenses. Recruitment of youth is affected by many things. Basically, the age distribution of license buyers can be described as having:
- An increasing mean (i.e., average) age of buyer
- An increase in the mode (i.e., most common) age of buyer
- A decrease in the number of hunters that are of mode-age
- A decrease in the number of baby-boomers that buy licenses
- An over-all decrease in total number license buyers
Ohio and Oklahoma have been successful in increasing the number of fishing license buyers (i.e., 14-17% in one year) by taking an aggressive approach to marketing fishing licenses. The details of their approach will be discusses.
Key potential solutions may be:
- Retain more baby-boomers
- Recruit more youth and young adults (i.e., 19-24)
- Develop more consistency in license buying habits from occasional hunters
ITEM 8: ACTION – TPW Facility Transfer – Port Lavaca
Presenter: Walt Dabney
-
ACTION: Commission consideration for adoption. - Negotiations have been underway between Parks and Wildlife and the City of Port Lavaca related to the possible transfer the Port Lavaca State Fishing Pier to the City
- The City of Port Lavaca is interested in accepting transfer of the pier along with funds for renovation and reconstruction
- The City of Port Lavaca has requested a grant in the amount of $320,000 to repair hand rails, rebuild the restrooms, remove burnt exposed pilings, and repair the deck and under carriage of the pier. The $320,000 is the amount that the engineering study estimated it would cost TPW to demolish the pier
- It is proposed to authorize the Executive Director to execute the necessary agreements to affect the transfer of Port Lavaca State Fishing Pier for operations to the City of Dalhart as a city park site
ITEM 9: Nomination for Oil and Gas Lease – Jefferson County
Presenter: Jack Bauer
-
ACTION: Commission consideration for adoption.
The Board for Lease has received a nomination at the Salt Bayou Unit of the J. D. Murphree WMA for a lease sale offering. The purpose of this Committee Item is to alert the Commission to this nomination and seek recommendations for the Board for Lease. WMA.
This item will:
- Minimum acceptable bid recommendation is cash bonus bid of $150.00 per acre and a fixed royalty of 25%, with a $10.00 per acre delay rental for a 3-year lease
- Lease acreage is estimated at 4,707-acres
- Offsite drilling, fully mitigated wetland impacts and protection of the integrity of the hydrology of the area include conditions of the lease
ITEM 10: ACTION – Release of Land Use Restrictions – Galveston Island
Presenter: Ronnie Ray
-
ACTION: Commission consideration for adoption.
The Department has been offered $35,000.000 for the removal and release of deed restrictions that limit the use of a 4.139-acre tract adjacent to Galveston Island State Park.
This item will:
- Generate revenue to be used for landscaping and habitat restoration at Galveston Island State Park
- Promote cooperation with a neighbor who is developing nature tourism and education facility
- Prevent changes in neighboring development plans that could have an undesirable effect on Galveston Island State Park
ITEM 11: Land Acquisition – Cameron County
Presenter: Jack Bauer
-
ACTION: Commission consideration for adoption.
Land acquisition of approximately 14 acres is recommended to purchase road access, improve public access, and provide high quality farmland for native brush restoration at the Arroyo Colorado Unit of the Las Palomas WMA.
This item will:
- Appraised value is $2,750/acre and sales price is $3,000/acre
- Road construction will be completed at TXDOT expense
- No additional staff is anticipated with these additions
ITEM 12: Land Acquisition – Nueces County
Presenter: Jeff Francell
-
ACTION: Commission consideration for adoption.
The acquisition of a 160-acre in-holding on Mustang Island as an addition to Mustang Island State Park.
This item will:
- The property is bounded on all sides by Mustang Island State Park and Corpus Christi Bay and is currently for sale
- Acquiring the property will conserve important wildlife habitat and remove trespass and off road vehicle encroachment into Mustang Island State Park
- The purchase will be
funded entirely by a grant
from the General land
Office and the National
Oceanic and Atmospheric
Administration
Acquiring the property will add no appreciable staff time or other management expenses to the Department.
ITEM 13: Land Acquisition – Harris County
Presenter: Ronnie Ray
-
ACTION: Commission consideration for adoption.
The Department has been offered 8.32 acres in Harris County that is an in-holding at the San Jacinto Battleground State Historic Site.
This item will:
- Secure ownership of the last in-holding on the northeast side of the site
- Appraised value is $5,800.00. Sales price is $12,000.00
- The $12,000.00 sales price is being funded by donation from the Estate of Lila Helen Jenkins specifically provided to TPW for the benefit of the San Jacinto monument
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