Texas Parks and Wildlife Commission
Public Hearing

August 2002 Commission Meeting

Committee and Public Hearing Synopsis Reports

---

REGULATIONS COMMITTEE
August 28, 2002

ITEM 1: Chairman’s Charges

ITEM 2: 2002-2003 Migratory Game Bird Proclamation – Late 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
• Establish the special conservation season for snow geese
• Accommodate 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 following the May 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 3: Scientific Breeder Regulations Disease Testing and Monitoring Measures

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
• Require scientific breeders to annually report the number of fawns held in each facility
• Prohibit the release of deer to the wild unless approved by the department
• Prohibit the movement of deer beyond the borders of the state for nursing or veterinary care purposes

ITEM 4: Nongame Commercial Permit Regulations

Presenter: John Herron

This item amends the regulations governing the collection and sale of nongame wildlife and regulations concerning endangered species:

The proposed changes include:

• Elimination of reporting requirements for persons not engaged in commercial activity
• Reduction of the number of affected species
• Provisions to prevent commercial activity taking place under the guise of collection
• Simplification and clarification of permit privileges
• Prohibition of certain means and methods of take
• Creation of a letter of authorization to allow temporary possession of threatened and endangered species for relocation

ITEM 5: Alternative Licensing Rules

Presenter: Jerry Cooke

This item amends the Statewide Hunting and Fishing Proclamation to incorporate provisions for the issuance of alternative licenses should the department’s automated point-of-sale system become inoperable. The provisions would:

• Eliminate tagging requirements for deer, turkey, red drum, and tarpon taken under a tagless license
• Require persons hunting or angling under a tagless license to complete a license log after the take of deer, turkey, red drum, or tarpon
  

FINANCE COMMITTEE
August 28, 2002

ITEM 1: Chairman’s Charges

ITEM 2: FY03 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy, Budget Policy

Presenter: Suzy Whittenton

Staff will present the recommended FY2003 operating, capital and grant budget for consideration by the Committee. The presentation will cover appropriation and cash limits as well as program issues and stamp fund allocation considered in development of the budget. A discussion on the Legislative Appropriation Request for FY 04-05 will be included.

Also, the agency’s investment policy and budget policy will be discussed and reviewed by the Finance Committee.

ITEM 3: Point of Sale Update

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.

ITEM 5: License Legibility Rules

Presenter: Suzy Whittenton

Staff will present on proposed amendments to Title 31, TAC, 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 (TPWD’s Sunset legislation).

ITEM 6: Grants

Presenter: Tim Hogsett

Local Park Fund Outdoor Recreation Grants

This item will:

• Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites from the Local Park Fund Program
• As of January 31, 2002 TPWD received 38 applications requesting $15,714,299 in matching fund assistance
• Staff is recommending support of 15 projects in the amount of $6,607,022

Small Community Grants

This item will:

• Make grants from the Texas Recreation and Parks Account to Texas local governments for acquisition and/or development of outdoor recreation sites from the Small Community Grants Program
• As of April 30, 2002 TPWD received 62 applications requesting $2,707,547 in matching fund assistance
• Staff is recommending support of 22 projects in the amount of $980,293

Regional Park Grants

This item will:

• Make grants from the federal Land and Water Conservation Fund to a Texas local government for acquisition and development of an outdoor recreation site from the Regional Park Grant Program
• As of June 1, 2002 TPWD received 5 applications requesting $7,277,000 in matching fund assistance
• Staff is recommending support of 1 project in the amount of $2,000,000

Recreation Trails Grants

Action item to award federal funds allocated under the National Recreational Trail Grants for trail construction, renovation and acquisition projects. These funds must be obligated to projects by the end of federal fiscal year September 30, 2002.

This item will:

• Obligates federal National Recreational Trail Funds to eligible trail projects based upon the recommendations of the Texas Trails Advisory Board

Target Range Grants

Two new target range grant projects are proposed, one in Archer County and one in Eastland County, each at a total federal cost of $60,000.00. The Archer County Shooting Sports Association and Eastland Rifle and Pistol Club both plan to construct range and classroom facilities to support 4-H Shooting Sports, Boy Scouts and hunter education efforts. Each has approximately $30,000 of in-kind match to contribute to their projects.

CONSERVATION COMMITTEE
August 28, 2002

ITEM 1: Chairman’s Charges

ITEM 2: Land and Water Resources Conservation and Recreation Plan Resolution

Presenters: Emily Armitano, Jeff Francell, Chris Beckom

The purpose of this item is for the Commission to approve the draft Land and Water Resources Conservation and Recreation Plan.

• The Plan was mandated by the 77^th Texas Legislature as part of the Department’s Sunset Bill.
• The Bill requires that the Department inventory all lands and waters associated with historical, natural, recreational and wildlife resources in the state.
• The Bill requires that the Department develop a Plan that:
• Analyze Texas’ existing and future land and water conservation and recreation needs;
• Identifies threatened land and water resources in the state; and
• Establishes the relative importance of particular resources listed in the inventory.
• The Plan address criteria for how to meet the Texas’ conservation and recreation needs.
• The Commission and the Department shall use the Plan to base its decisions regarding acquisition, divestiture, department grants to local parks, cooperation with private landowners and conservation organizations and other conservation operations of the agency.
• The Commission is required to adopt this Plan by October 15, 2002.

The Presentation will also include a demonstration of the Inventory Database created for the plan and available on the Texas Parks and Wildlife Department’s intranet website.

ITEM 3: Nomination for Oil and Gas Lease – Harris County

Presenter: Ronnie Ray

The Board for Lease for Parks and Wildlife Lands has received a nomination at Sheldon Lake State Park for an oil and gas lease sale offering.

• Drilling and production shall be limited to upland site of low ecological value as determined by TPWD
• Lessee will be required to sign a surface-use agreement with restrictions on drilling and production operations
• Estimated revenue will be a minimum of $195,496.50, with additional revenue from delay rentals and/or royalties anticipated should the nomination be accepted by bid

ITEM 4: Land Sale – Tarrant County

Presenter: Jack Bauer

Eagle Mountain Lake SP, purchased in 1982 but never developed or opened to the public is recommended for sale to the Permanent School Fund of the General Land Office. The 400-acres have remained on the General Land Office (GLO) annual report to the Governor as “underutilized or unused.” The property was purchased for $3.9M, appraised for $3.6M in 1998, and is currently valued at $6.6M. Staff recommends selling the property for the purpose “…to acquire other real estate property dedicated to the same purpose for which the land sold was dedicated” under authority vested Parks and Wildlife Code and Seventy-seventh Legislature’s General Appropriation Act Rider. The Land and Water Plan recommends disposition of the property. The Fort Worth area remains underrepresented in conservation and recreation resources. Closed bid offerings by the Department, or through the GLO, or a direct sale to the Permanent School Fund are viable disposition options.

ITEM 5: Land Sale – Harris County

Presenter: Jack Bauer

Real Property associated with the Seabrook Lab in the City of Seabrook has been vacated; Coastal Fisheries and Resource Protection staffs have moved to a newly remodeled facility in Dickinson. The Seabrook facility, considered as excess property, has been offered to the City of Seabrook at appraised value of $340,000. This item presents the sale transaction for consideration and action.

ITEM 6: Land Sale – Austin County

Presenter: Jack Bauer

Real property associated with the golf course at Stephen F. Austin State Park is recommended for sale to the Stephen F. Austin Golf Association. The Golf Association operates the course under a 50-year lease from TPWD. Because of erosion of the adjacent Brazos River, acquisition of additional property will be required to keep the course open. TPWD staff and the Golf Association recommend the ownership of the golf course property be sold to the golf association so that they can accomplish acquisition for expansion of the course as a business venture. Sale of the course property at the appraised value of $220,000 is recommended.

ITEM 7: Land Acquisition – Cameron County

Presenter: Jack Bauer

Land acquisition of approximately 117 acres is recommended as a habitat addition at the Longoria Unit of the Las Palomas WMA.

• Two tracts from two willing sellers are under consideration at appraised value of $1,050/acre or $123,000 and a total project cost of approximately $133,000
• The tracts will be farmed as food plots and reforested as thorn-brush habitat
• No additional staff is anticipated with these additions
• Funding is proposed with revenue from the sale of white-winged dove hunting stamps

ITEM 8: Land Acquisition – Smith County

Presenter: Jack Bauer

Land acquisition of approximately 600 acres is recommended as a habitat addition to the Old Sabine Bottom WMA.

• Adjacent cleared bottom land is offered at appraised value of $1,000/acre or $600,000
• Funding is recommended through a carbon sequestration broker (air quality mitigation)
• Replanting of bottomland hardwood species will be supplied with the transactions as well as a $50/acre endowment for operation and maintenance
• No additional staff will be required for operation of the facility with this addition
• Backup funding, if needed, is proposed with revenue from the sale of the Pelton property and Land and Water Conservation Funding split equally

ITEM 9: Land Acquisition – WillacyCounty

Presenter: Jeff Francell

The acquisition of a perpetual lease at the Arroyo Colorado Unit of the Las Palomas Wildlife Management Area in the Lower Rio Grande Valley.

• The lease is an inholding on Goat Island within Arroyo Colorado that allows the owner rights to use the property with no restrictions in perpetuity
• Acquiring the property will greatly improve the Department’s ability to manage this site and provide access to the public
• The purchase will be funded entirely by White-wing Dove hunting license stamp revenue
• Acquiring the lease will require no additional staff time or expenses

  ---

PUBLIC HEARING SYNOPSIS REPORTS
PUBLIC HEARING
August 29, 2002

ACCEPTANCE OF GIFTS

RETIREMENT CERTIFICATES AND SERVICE AWARDS

PRESENTATION – Texas Rivers

Presenter: Lydia Saldaña

PRESENTATION – National Fishing Institute Turtle Conservation Award

Presenter: Hal Osburn

ITEM 1: ACTION – Approval of Agenda

ITEM 2: BRIEFING – Texas Wildlife Expo

Presenter: Ernie Gammage

• ACTION: Commission review and discussion.

A briefing on planning and production of the 2002 Texas Wildlife Expo including sponsor and activity update, marketing overview and viewing of the 2002 marketing video.

ITEM 3: BRIEFING – TPWD/USFWS Relations

Presenter: Gary Graham

• ACTION: Commission review and discussion.

Dale Hall, the recently appointed director of the U.S. Fish and Wildlife Service's Southwest region, which has its headquarters in Albuquerque will make the presentation to the Commission. He will focus on the agency's efforts on working more cooperatively with ranchers, farmers, developers and others rather than imposing new restrictions on land use to protect threatened and endangered species.

ITEM 4: ACTION – Local Park Fund Outdoor Recreation Grants

Presenter: Tim Hogsett

• ACTION: Commission consideration for adoption.

This item will:

• Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites from the Local Park Fund Program
• As of January 31, 2002 TPWD received 38 applications requesting $15,714,299 in matching fund assistance
• Staff is recommending support of 15 projects in the amount of $6,607,022

ITEM 5: ACTION – Small Community Grants

Presenter: Tim Hogsett

• ACTION: Commission consideration for adoption.

This item will:

• Make grants from the Texas Recreation and Parks Account to Texas local governments for acquisition and/or development of outdoor recreation sites from the Small Community Grants Program
• As of April 30, 2002 TPWD received 62 applications requesting $2,707,547 in matching fund assistance
• Staff is recommending support of 22 projects in the amount of $980,293

ITEM 6: ACTION - Regional Park Grants

Presenter: Tim Hogsett

• ACTION: Commission consideration for adoption.

This item will:

• Make grants from the federal Land and Water Conservation Fund to a Texas local government for acquisition and development of an outdoor recreation site from the Regional Park Grant Program
• As of June 1, 2002 TPWD received 5 applications requesting $7,277,000 in matching fund assistance
• Staff is recommending support of 1 project in the amount of $2,000,000

ITEM 7: ACTION - Recreational Trails Grants

Presenter: Tim Hogsett

• ACTION: Commission consideration for adoption.

Action item to award federal funds allocated under the National Recreational Trail Grants for trail construction, renovation and acquisition projects. These funds must be obligated to projects by the end of federal fiscal year September 30, 2002.

This item will:

• ·Obligates federal National Recreational Trail Funds to eligible trail projects based upon the recommendations of the Texas Trails Advisory Board

ITEM 8: ACTION – Target Range Grants

Presenter: Tim Hogsett

• ACTION: Commission consideration for adoption.

Two new target range grant projects are proposed, one in Archer County and one in Eastland County, each at a total federal cost of $60,000.00. The Archer County Shooting Sports Association and Eastland Rifle and Pistol Club both plan to construct range and classroom facilities to support 4-H Shooting Sports, Boy Scouts and hunter education efforts. Each has approximately $30,000 of in-kind match to contribute to their projects.

ITEM 9: ACTION – FY03 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy, Budget Policy

Presenter: Suzy Whittenton

• ACTION: Commission consideration for adoption.

Staff will present the recommended FY2003 operating, capital and grant budget for consideration by the Commission. The presentation will cover appropriation and cash limits as well as program issues and stamp fund allocation considered in development of the budget. A discussion on the Legislative Appropriation Request for FY 04-05 will be included.

Also, the agency’s investment policy and budget policy will be discussed and reviewed by the Commission.

ITEM 10: ACTION – License Legibility Rules

Presenter: Suzy Whittenton

• ACTION: Commission consideration for adoption.

Staff will present proposed amendments to Title 31, TAC, 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 (TPWD’s Sunset legislation).

ITEM 11: ACTION – Alternative Licensing Rules

Presenter: Suzy Whittenton

• ACTION: Commission consideration for adoption.

This item amends the Statewide Hunting and Fishing Proclamation to incorporate provisions for the issuance of alternative licenses should the department’s automated point-of-sale system become inoperable. The provisions would:

• eliminate tagging requirements for deer, turkey, red drum, and tarpon taken under a tagless license
• require persons hunting or angling under a tagless license to complete a license log after the take of deer, turkey, red drum, or tarpon

ITEM 12: ACTION – Scientific Breeder Regulations Disease Testing and Monitoring Measures

Presenter: Jerry Cooke

• ACTION: Commission review and discussion.

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
• Require scientific breeders to annually report the number of fawns held in each facility
• Prohibit the release of deer to the wild unless approved by the department
• Prohibit the movement of deer beyond the borders of the state for nursing or veterinary care purposes

ITEM 13: ACTION – Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

• ACTION: Commission consideration for adoption.

This item apprises the committee of anticipated developments in the federal regulatory process and amends the Migratory Game Bird Proclamation to:

ITEM 13: ACTION – Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

• Adjust season dates to account for calendar shift
• Establish the special conservation season for snow geese
• Accommodate 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 following the May 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 14: ACTION – Nongame Commercial Permit Regulations

Presenter: John Herron

• ACTION: Commission consideration for adoption.

This item amends the regulations governing the collection and sale of nongame wildlife and regulations concerning endangered species.

The proposed changes include:

• Elimination of reporting requirements for persons not engaged in commercial activity
• Reduction of the number of affected species
• Provisions to prevent commercial activity taking place under the guise of collection
• Simplification and clarification of permit privileges
• Prohibition of certain means and methods of take
• Creation of a letter of authorization to allow temporary possession of threatened and endangered species for relocation

ITEM 15: ACTION – Land and Water Resources Conservation and Recreation Plan Resolution

Presenters: Emily Armitano, Jeff Francell, Chris Beckom

• ACTION: Commission consideration for adoption.

The purpose of this item is for the Commission to approve the draft Land and Water Resources Conservation and Recreation Plan.

• The Plan was mandated by the 77^th Texas Legislature as part of the Department’s Sunset Bill.
• The Bill requires that the Department inventory all lands and waters associated with historical, natural, recreational and wildlife resources in the state.
• The Bill requires that the Department develop a Plan that:
  • Analyze Texas existing and future land and water conservation and recreation needs;
  • Identifies threatened land and water resources in the state; and
  • Establishes the relative importance of particular resources listed in the inventory.
• The Plan address criteria for how to meet the Texas’ conservation and recreation needs.
• The Commission and the Department shall use the Plan to base its decisions regarding acquisition, divestiture, department grants to local parks, cooperation with private landowners and conservation organizations and other conservation operations of the agency.
• The Commission is required to adopt this Plan by October 15, 2002.

The Presentation will also include a demonstration of the Inventory Database created for the plan and available on the Texas Parks and Wildlife Department’s intranet website.

ITEM 16: ACTION – Nomination for Oil and Gas Lease – Harris County

Presenter: Ronnie Ray

• ACTION: Commission consideration for adoption.

The Board for Lease for Parks and Wildlife Lands has received a nomination at Sheldon Lake State Park for an oil and gas lease sale offering.

• Drilling and production shall be limited to upland site of low ecological value as determined by TPWD
• Lessee will be required to sign a surface-use agreement with restrictions on drilling and production operations
• Estimated revenue will be a minimum of $195,496.50, with additional revenue from delay rentals and/or royalties anticipated should the nomination be accepted by bid

ITEM 17A: ACTION – Land Sale – Tarrant County

Presenter: Jack Bauer

• ACTION: Commission consideration for adoption.

Eagle Mountain Lake SP, purchased in 1982 but never developed or opened to the public is recommended for sale to the Permanent School Fund of the General Land Office. The 400-acres have remained on the General Land Office (GLO) annual report to the Governor as “underutilized or unused.” The property was purchased for $3.9M, appraised for $3.6M in 1998, and is currently valued at $6.6M. Staff recommends selling the property for the purpose “…to acquire other real estate property dedicated to the same purpose for which the land sold was dedicated” under authority vested Parks and Wildlife Code and Seventy-seventh Legislature’s General Appropriation Act Rider. The Land and Water Plan recommends disposition of the property. The Fort Worth area remains underrepresented in conservation and recreation resources. Closed bid offerings by the Department, or through the GLO, or a direct sale to the Permanent School Fund are viable disposition options.

ITEM 17B: ACTION – Land Sale – Harris County

Presenter: Jack Bauer

• ACTION: Commission consideration for adoption.

Real Property associated with the Seabrook Lab in the City of Seabrook has been vacated; Coastal Fisheries and Resource Protection staffs have moved to a newly remodeled facility in Dickinson. The Seabrook facility, considered as excess property, has been offered to the City of Seabrook at appraised value of $340,000. This item presents the sale transaction for consideration and action.

ITEM 17C: ACTION – Land Sale – Austin County

Presenter: Jack Bauer

• ACTION: Commission consideration for adoption.

Real property associated with the golf course at Stephen F. Austin State Park is recommended for sale to the Stephen F. Austin Golf Association. The Golf Association operates the course under a 50-year lease from TPWD. Because of erosion of the adjacent Brazos River, acquisition of additional property will be required to keep the course open. TPWD staff and the Golf Association recommend the ownership of the golf course property be sold to the golf association so that they can accomplish acquisition for expansion of the course as a business venture. Sale of the course property at the appraised value of $220,000 is recommended.

ITEM 18A: ACTION – Land Acquisition – Cameron County

Presenter: Jack Bauer

• ACTION: Commission consideration for adoption.

Land acquisition of approximately 117 acres is recommended as a habitat addition at the Longoria Unit of the Las Palomas WMA.

• Two tracts from two willing sellers are under consideration at appraised value of $1,050/acre or $123,000 and a total project cost of approximately $133,000
• The tracts will be farmed as food plots and reforested as thorn-brush habitat
• No additional staff is anticipated with these additions
• Funding is proposed with revenue from the sale of white-winged dove hunting stamps

ITEM 18B: ACTION – Land Acquisition – Smith County

Presenter: Jack Bauer

• ACTION: Commission consideration for adoption.

Land acquisition of approximately 600 acres is recommended as a habitat addition to the Old Sabine Bottom WMA.

• Adjacent cleared bottom land is offered at appraised value of $1,000/acre or $600,000
• Funding is recommended through a carbon sequestration broker (air quality mitigation)
• Replanting of bottomland hardwood species will be supplied with the transactions as well as a $50/acre endowment for operation and maintenance
• No additional staff will be required for operation of the facility with this addition
• Backup funding, if needed, is proposed with revenue from the sale of the Pelton property and Land and Water Conservation Funding split equally

ITEM 18C: ACTION – Land Acquisition – Willacy County

Presenter: Jeff Francell

• ACTION: Commission consideration for adoption.

The acquisition of a perpetual lease at the Arroyo Colorado Unit of the Las Palomas

Wildlife Management Area in the Lower Rio Grande Valley.

• The lease is an inholding on Goat Island within Arroyo Colorado that allows the owner rights to use the property with no restrictions in perpetuity
• Acquiring the property will greatly improve the Department’s ability to manage this site and provide access to the public
• The purchase will be funded entirely by White-wing Dove hunting license stamp revenue
• Acquiring the lease will require no additional staff time or expenses

Top of Page